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HomeMy WebLinkAbout2005-04-26 CITY OF MERIDIAN SPECIAL MEETING AGENDA Tuesday, April 26, 2005 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: ~ Shaun Wardle ~ Christine Donnell ~ Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 3. Public Hearing: Request for Transfer of Lease for the Golf Course: Close Public Hearing 4. Resolution No. Assignment of Lease and Amended Lease Agreement for the Golf Course: Table to May 17, 2005 Meeting Approve Contingent Consent to Assignment of Lease Meridian City Special Agenda - April 26, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN SPECIAL MEETING AGENDA Tuesday, April 26, 2005 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle ~ Christine Donnell -0 Charlie Rountree I Keith Bird - ~ Mayor Tammy de Weerd 2. Adoption of the Agenda: w;o~v~ "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 3. Public Hearing: Request for Transfer of Lease for the Golf Course: akk ;,/A.. 4. Resolution No. Assignment of lease and Amended Lease Agreement for the Golf Course: -fa.1rt-e fo /1Ut:; /7 ~ /'h-.e.chh-J .If,. )? ;1 ro v.(./ (!.U n,. I, n J Vv t C flY)'>. .J e n.-i- ~ I'+".n r m e.n4- of Le a..r e.. Meridian City Special Agenda - April 26, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabiljties related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CONTINGENT CONSENT TO ASSIGNMENT OF LEASE For valuable consideration, the receipt and sufficiency of which are hereby acknowledged and accepted, the City of Meridian, an Idaho Municipal Corporation ("City"), does hereby grant a contingent consent to the assignment ofthat certain lease agreement dated October 3, 1978 between City and Cherry Lane Recreation, Inc to joint tenants Lakeview Meridian Investors, LLC, an Idaho Limited Liability Company, and Boise Ranch Golf Course, Inc, an Idaho Corporation. The proposed joint tenants shall be collectively referred to herein as "Assignee. " City's consent to the assignment of the lease is contingent on the following: City and Assignee shall enter into a separate written amended lease agreement, in form and content substantially similar to the draft agreement included in the public record for the special meeting of the Meridian City Council held on Tuesday April 26, 2005 at 6:30 p.m. The amended lease agreement shall include any mutually agreed-upon additional or amended terms necessary to address issues raised by Assignee's legal counsel, and any additional or amended terms necessary to address legitimate and material concerns that may be raised by the public at the April 26, 2005 special meeting. TIME IS OF THE ESSENCE: City and Assignee shall work diligently to finalize the amended lease agreement. Assignee's occupancy of the leased premises shall be considered temporary and such occupancy shall be terminated and this consent to assignment shall be revoked unless a final amended lease document has been executed by Assignee and presented to City for approval at its regularly scheduled City Council Meeting to be held on May fl.. 2005. The terms and conditions of this Consent to Assignment are binding upon the parties hereto, their heirs, successors and assigns, and may not be modified, altered or changed in any manner unless in writing, signed by all parties. DATED this 26th day of April, 2005. CITY OF MERIDIAN: ATTEST BY~ - ~ Tammy de erd, ayor City Clerk Agreed and Accepted: LAKEVIEW MERIDIAN INVESTORS, LLC CITY OF MERIDIAN PUBLIC HEARING SIGN..UP SHEET April 26J 2005 ITEM # 3 DATE PROJECT NUMBER PROJECT NAME Request for Transfer Lease for the Golf Course NAME (PLEASE PRINT) FOR AGAINST NEUTRAL C""'"t1.;--..J'r\ ,,'-...^.. M I':>. (Z... G-c u .e.. -.l y 'X RECEIVED APR 2 6 2005 City of Meridian \..iuy \..i1erK VIIlce RECEIVED APR 2 6 20G5 04/26/2005 City of Meridian City Clerk Office The following is written testimony to be submittal during the April 26' 2005 special Meridian, Idaho City Council meeting concerning the transfer of lease for the Cherry Lane golf course. Concern: 1. In Exhibit A, Assumption of Agreement, Section 5, the new guarantor will be using all or part of the golf course assets for a Carryback Note. Under the old loan agreement, if the borrower defaulted, the city has the first option to pay off the loan to the bank and assume ownership. Under the new agreement would the city also be required to pay off the Carryback note too? Should the city require a the new guarantor to post a bond to cover this in case of default? How much is the Carryback note for? 2. Throughout the new agreement references to Exhibit B, Legal Description, and Exhibit C, Capital Projects, exists, but were not included in the information available for public review. What are the plans for the expansion of the restaurantlbar? Will they be addressed during another public meeting? 3. In section 4.2, restaurantlbar operating hours are not clear. Under the new agreement, can the restaurantlbar stay open until 2 AM, if they desire? 4. Under the same section, can the new owner perform not critical maintenance after 11 PM? 5. There are two Section 4, one starting on page 3 and another on page 7. 6. Under Section 4.1.2, Grounds Maintenance Requirements, what level on conformance is required? The seems less restrictive that the original lease, which was also vague. The original lease used conformance to other courses in the area. The new lease only requires an "aesthetic" test, which can be very subjective. 7. Under Section 7.R.2.b, Insurance, in today legal environment is $1,000,000 liability insurance enough? If the a judgment is awarded in excess of this amount, can the winning party take control of the golf course assets? 8. Under Section 7.X.l, Events of Default, the exceptions to the "24 hours" rule does not include conditions listed in Section 7.0, Destruction of Demised Premises. Gordon Margulieux 2040 N. Interlachen Way Meridian, ID 83642-1011 gordon Mamu lieux(@hp.com (208) 888-6883 (home) (208) 396-3591 (work) April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 26, 2005 ITEM NO. 3 REQUEST Public Hearing - Request for Transfer of Lease for the Golf Course AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DE?T: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: (jo~ f/~ .~ ~t--~ r f t~ rrP s 0J'k u /f~ LrflV /". 5Crr 6l Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ASSIGNMENT OF LEASE AND AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE AGREEMENT entered into by the City of Meridian, an Idaho municipal corporation, herein referred to as "City" as Lessor and joint tenants Lakeview Meridian Investors, LLC, an Idaho Limited Liability Company, and Boise Ranch Golf Course, Inc, an Idaho Corporation, herein collectively referred to as "Lessee". WITNESSETH, that for and in consideration of the mutual promises, covenants and agreements contained herein, the parties hereby agree as follows: 1. CONSENT TO ASSIGNMENT OF LEASE A. City does hereby consent to the assignment of that certain lease agreement dated October 3, 1978 between City and Cherry Lane Recreation, Inc (the "Assignor") to Lessee, subject to the amended terms and conditions contained herein. B. City also consents to the assumption by Boise Ranch Golf Course, Inc of Assignor's liabilities and obligations to Idaho Independent Bank secured by the lease as described in the Assumption Agreement attached hereto (without exhibits) as Exhibit A . C. This amended lease agreement shall supersede and replace all prior agreements. 2. GRANT OF AUTHORITY: GOLF PREMISES A. The City hereby grants to the Lessee for the term and upon the conditions and provisions herein, the exclusive right and privilege to manage and operate the Meridian Municipal Golf Course, currently known as the Cherry Lane Golf Course. Said facilities and grounds shall hereinafter be referred to as the "golf premises" and are legally described in Exhibit B attached hereto and incorporated herein. The Lessee and its employees are independent contractors and are not employees of the City. B. The name of the golf course shall remain the same unless otherwise approved by the City. C. The golf premises shall be used for golf course operations and such other purposes as are related thereto provided express written ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE-PAGE I OF 36 approval is granted by the City, and for no other purposes whatsoever. D. Lessee acknowledges personal inspection of the golf premises and the surrounding area and evaluation of the extent to which the physical condition thereof will affect the operation of the golf course. Lessee accepts the demised premises in its present condition and agrees to make no demands upon the City for any improvements or alteration thereof. E. Lessee shaD construct upon the golf premises the Construction Projects in accordance with the provisions set forth in Section 6, hereinafter, and the attached Exhibit C. F. Any capital improvements to the golf premises shall be subject to: prior approval of the City; securing of applicable permits; and compliance with such terms and conditions as may be imposed thereon by the City. The City shall assist in the expedition of permits and compliance to the extent possible. G. Lessee hereby acknowledges the title of the City and/or any other public agencies having jurisdiction over, in and to the demised premises and the improvements located thereon, and covenants and agrees never to assail, contest or resist said title. H. Ownership of all existing structures, and of aU structures, buildings and/or improvements constructed by Lessee upon the golf premises and all alterations, additions or betterments thereto, shall immediately vest and be vested in City at all times during and after the term hereof, without compensation being paid therefore. Such structures, buildings and/or improvements shall be surrendered to City with the remainder of the golf premises upon termination of this Agreement. 3. TERM A. The term of this agreement shall be for a period of thirty (30) years commencing on the date of execution of this agreement. B. The Lessee has the option of renewing this contract for an additional 30 year term, subject to such additional terms and condition as may be mutually agreed upon between City and Lessee. In the event the Lessee desires to exercise its option hereunder, the Lessee shall give the City written notice of such no later than six months before the expiration of the initial 30 year term. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 2 OF 36 C. In the event Lessee holds over beyond the term herein provided with the consent, express or implied of City, such holding shall be from month to month only, subject to the conditions of this Agreement; shall not be a renewal thereof, and shall be at the monthly compensation provided herein. 4. LESSEE'S BASIC SERVICE OBLIGATIONS A. Golf Services - Use Granted Lessee is hereby authorized to sell, rent, store and/or repair golf equipment; sell golf related clothing and supplies; provide instructional services in the playing of golf; rent power-driven golf cars and manually operated golf carts. B. Power Driven Golf Cars and Manual Golf Carts Lessee shall provide a fleet of power driven golf cars and a sufficient number of manually operated golf carts to meet the public demand therefore. All of the golf cars shall have shade tops. The Lessee may prohibit the use of golf cars on the golf course whenever weather conditions expose the user to danger or the golf course to damage arising from operation thereon. All golf cars and the maintenance thereof shall comply with the specifications and maintenance requirements set forth by the manufacturer. The Lessee shall comply with financial requirements regarding the issuance of golf car rental receipts, and the system of accountability and procedures therefore. D. Junior Golf Program Lessee shall cooperate with the City in the promotion of a Junior Golf Program. Lessee shall also conduct other junior programs and tournaments at reduced-rate entry fees. The Lessee will coordinate with schools for instructional use, team practice, matches and tournaments. E. Food and Beverage Services - Use Granted 1. Lessee is hereby authorized to sell food and beverages, including alcoholic beverages, within the restaurant. Lessee must obtain and maintain all City, State and Federal licenses and certificates necessary to operate the food and beverage services in accordance with business and health standards. All employees must be able to meet such associated standards as well. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERA TrONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 3 OF 36 2. Operate the restaurant facility so as to maintain hours of service in conjunction with all regular golf course activities, including regularly or specially scheduled tournaments. The restaurant may be operated at additional times, so long as it complies with all laws and regulations applicable thereto. Clubhouse operations other than maintenance shall conclude daily on or before the hour of 11 :00 o'clock p.m. as required by CUP 99-009. 3. Install and maintain, at Lessee's expense, all equipment necessary to operate a food and beverage service. 4. Lessee shall provide and maintain the necessary inventory of food and beverage products required to satisfy the public demand thereof. All such products sold or kept for sale by Lessee shall be first class in quality, wholesome and pure, and shall conform to the Federal, State, County and City food laws, ordinances and regulations in all respects. No adulterated, misbranded or impure articles shall be sold or kept for sale by Lessee. All food and beverage products kept on hand by Lessee shall be stored and handled with due regard for sanitation. F. Continuous Operation The Lessee shall keep the various areas of the golf premises open and use them to transact business with the public each and every day during the hours designated by the Lessee. The Lessee may, upon posting a written notice to the public of not less than one week, close the clubhouse, golf shop and/or restaurant for a reasonable period of time for holidays; for repairs or remodeling as authorized; for taking inventory; for tournaments or special events; or to accommodate construction improvements. G. Golf Course Starter Services - Use Granted Lessee is hereby required to render and provide golf course starter services to include but not limited to: 1. Granting tee times to the general public on a fair and equitable basis. Listing of such tee times shall be publicly posted in the clubhouse. The Lessee shall develop a policy detailing the process and time frames required to secure tee times. The policy should include the number of days in advance a tee time can be obtained and methods used to obtain. This policy shall be prominently displayed for general public review. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNlCIPAL GOLF COURSE - PAGE 4 OF 36 2. Fees and charges schedule shall be prominently displayed for general public review. 3. Maintenance of a complete daily attendance (player) record using forms normal for such purposes. ALL persons using the course shall be required to sign in on the attendance sheet and receive a cash register receipt whether a daily fee player, season pass holder, staff member or courtesy round player. 4. Furnish 18 hole score cards and pencils in sufficient numbers to accommodate the public's need. Scorecards should clearly identify the course as Golf Course as the City of Meridian's municipal golf course. 5. Each golfer shall be provided a numbered and dated cash register receipt prior to being allowed on the course by the starter. Such receipts are subject to examination by the course marshal or appropriate staff member while play is in progress. 6. Daily attendance record forms shall be reconciled with fee category totals on the cash register detail tape or other computer monitored system along with golf car rental receipts. H. Building and Equipment Maintenance Services - Use Granted 1. Lessee shall, at his expense, keep and maintain the premises and all buildings, structures, improvements, fixtures, trade fixtures, equipment and utility systems which may now or hereinafter exist thereon, in good, operable, usable and sanitary order and repair and in a good, safe condition, ordinary wear and tear excepted, throughout the term of this Agreement. 2. Should the Lessee fail, after ten (10) days notice from the City of the need thereof, to perform its obligations required hereunder, City in addition to aU other available remedies may, but shall not be obligated to; exercise its Right of Entry as provided hereinafter. City may enter upon the premises and perform Lessee's failed obligations, using any equipment or materials on the golf premises suitable for such purposes. Lessee shall forthwith on demand reimburse City for its costs so incurred including direct and indirect overhead costs as determined by the City. I. Grounds Maintenance Requirements 1. Lessee is hereby required to provide grounds maintenance ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 5 OF 36 services, including, but not limited to, the obligation to mow, edge, trim, overseed, fertilize, aerate, irrigate, sod, change cups, service tees, topdress, raise divots, rake traps, spray, mop, spot irrigate, syringe, and renovate turf and shrub areas designated hereunder; as well as to provide weed, disease and pest control, tree maintenance, maintenance of irrigation system including mainlines, pumps, boosters and controllers, keep swales in good repair and to provide the necessary maintenance of any appurtenant structures and equipment, and other duties as set forth in the attached Exhibit D titled "Grounds Maintenance Services Management Plan" as developed by Lessee. This plan shall be modified from time to time as necessary to maintain the grounds to the level of maintenance set forth in section 2, below. 2. With regard to the level of maintenance, all work shall be performed in accordance with the standards of the Golf Course Superintendent Association of America (GCSAA), United States Golf Association (USGA) or similar organization, as changed and modified from time to time and at established frequencies so as to maintain the aesthetic level and proper playing condition of the golf course. Standards and frequencies may be modified from time to time as deemed necessary by for the maintenance of the demised premises. 3. Lessee shall provide and maintain in its employ at the demised premises a golf course superintendent and maintenance crew, on a daily basis. All of the Lessee's maintenance personnel shall be supervised by a Class "A" superintendent. Lessee must employ sufficient personnel to perform all work as scheduled and required by the City. 4. Lessee will provide the City with the names and telephone numbers of at least two (2) qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Lessee's normal work force is not present. The City shall call for such assistance only in the event of a genuine and substantial emergency. This provision does not pertain to conditions rendering the course unusable as otherwise set forth herein. 5. Whenever play must be temporarily suspended on the golf course facility due to inclement weather conditions, the decision on when to allow play to resume, and when to allow golf cars to go out on the course, will be made by the Lessee. 6. The Lessee at its sole cost and expense shall furnish all ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 6 OF 36 necessary equipment, supplies and material of good quality and in sufficient amounts to fulfill the requirements of this Agreement and to accomplish an acceptable and professional level of maintenance. Storage and handling of all fertilizers, fungicide, insecticides, herbicides and petroleum products shall be in accordance with all federal, state and manufacturer's regulations and standards. 4. PAYMENT OF RENT Lessee shall pay the sum of Six Thousand Dollars ($6,000.00) per year, in advance, as rental. This annual payment shall be due on the first day of October. 5. ACCOUNTING RECORDS A. All sales shall be recorded by means of cash registers which publicly displays the amount of each sale and automatically issue a customer's pre-numbered receipt or verify the amount recorded on a slip. All of Lessee's cash registers shall have locked-in sales totals and transactions counters which are constantly accumulating and which cannot, in either case, be reset. In addition, such cash registers must have a tape located within the register upon which transaction numbers and sales details are imprinted. Beginning and ending cash register readings shall be made a matter of daily record. In the event of a technical or electrical failure of the cash register, Lessee shall record by hand all collections, and issue a sequentially pre-numbered customer's receipt in like manner. B. Lessee shall be required to maintain a method of accounting which correctly and accurately reflects the gross receipts, and disbursements, construction costs, and construction financing of the Lessee in connection with the authorized operations. The method of accounting, including bank accounts established for the authorized operations, shall be separate from the accounting system used for any other business operated by Lessee or for recording Lessee's personal financial affairs. Such method shall include the keeping of the following documents: regular books of accounting such as general ledgers; journals including any supporting and underlying documents such as vouchers, checks, tickets, bank statements, etc; State and Federal income tax returns and sales tax returns and checks and other documents providing payment of sums shown which shall be kept in confidence by City; cash register tapes (daily tapes may be separate but shall be retained so that from day to day the sales can be identified), golf starter sheets and golf cart rental forms; and any other reporting records that the City's Administrative Services ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 7 OF 36 Director deems necessary for proper reporting of receipts in accordance with generally accepted accounting principals (G.A.A. P.). C. All documents, books and accounting records shall be open for inspection and reinspection at any reasonable time during the term of this Agreement and for four (4) years thereafter. In addition, the City may from time to time conduct an audit and reaudit of the books and business conducted by Lessee and observe the operation of the business so that accuracy of the above records can be confirmed. All information obtained in connection with the City's inspection of records or audit shall be treated as confidential information and exempt from public disclosure thereof to the extent permitted under the Idaho Public Records Act. City shall not be liable or responsible for the disclosure of any such records including those marked trade secrets, confidential, or proprietary, if such disclosure is deemed to be required by law, or by an order of a court of competent jurisdiction. 6. CAPITAL IMPROVEMENT PROGRAM A. A Capital Improvement Program shall be prepared by the Lessee and approved by the City indicating the description of each improvement project, the estimated costs, and the projected time frame for commencement and completion for each improvement project. The program shall span the first six (6) years of the agreement and shall be updated annually for City review and approval. B. Prior to commencement of construction, Lessee shall obtain City approval of all plans and specifications for improvements to be constructed on the golf premises. No modifications of said plans, specifications, or improvements, including landscaping shall be made by Lessee, without the City's approval thereof. Lessee agrees that City may have on the site at any time during the construction improvement period an inspector who shall have the right of access to the premises and the construction work. C. Lessee shall construct, perform, and maintain all construction and installations covered by this Agreement in a good and workmanlike manner and with high quality materials, and shall furnish all tools, equipment, labor and material necessary to perform and to complete same. Upon completion of the improvements, Lessee shall furnish the City with one (1) complete set of as-built construction drawings on mylar or its equivalent acceptable to the City; copies of operating manuals for building equipment and systems; and copies of all written warranties. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 8 OF 36 D. Upon termination of this Agreement whether by expiration of term or cancellation, Lessee shall assign to City all express warranties to the works of improvement covered by this Agreement. Lessee shall provide such additional insurance coverage as City may reasonably deem necessary for any contemplated construction project. 7. OPERATING RESPONSIBLITIES A. Compliance with Laws, Rules and Regulations Lessee shall conform to and abide by all municipal ordinances, and all state and federal laws and regulations, insofar as the same or any of them are applicable; and where permits and/or licenses are required for the golf course operation hereunder and/or any construction authorized herein, the same must be first obtained from the regulatory agency having jurisdiction thereover. In addition, Lessee shall conform to and abide by all rules and regulations of the City insofar as the same or any of them are applicable. B. Disorderly Persons Lessee shall exercise every reasonable effort not to allow any loud, boisterous or disorderly persons to loiter about the golf premises. C. Illegal Activities Lessee shall not knowingly permit any illegal activities to be conducted upon the golf premises. D. Public Use Lessee shall use its best efforts to maximize the public use of Golf Course and the facilities thereon. E. Lessee's Staff and Employment Practices 1. Lessee shall maintain an adequate and proper staff. The City may at any time give Lessee written notice to the effect that the conduct or action of a designated employee of Lessee is, in the reasonable belief of the City, detrimental to the interest of the public patronizing the premises. Following City's written notice therefore Lessee shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and Lessee shall take reasonable measures under the circumstances to assure the ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 9 OF 36 City that the conduct and activities of Lessee's employee will not be detrimental to the interest of the public patronizing the premises. 2. Lessee warrants that it fully complies with all laws regarding employment of aliens and others and that all its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 . Lessee shall obtain, from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. Lessee shall retain such documentation for aU covered employees for the period prescribed by law. Lessee shall indemnify, defend, and hold harmless, the City, its officers and employees from employer sanctions and any other liability which may be assessed against Lessee or City or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Agreement. 3. Lessee shall establish and adhere to a Drug Free Workplace Policy. F. Utilities At the commencement of the term of this Agreement, the Lessee shaU provide for the transfer of all applicable utility and telephone accounts to Lessee accounts, and thereafter shall provide and pay for any necessary utilities and telephone service at the golf premises. Lessee waives any and all claims against City for compensation for loss or damage caused by a defect, deficiency or impairment of any utilities system, water system, water supply system, drainage system, waste system, heating or gas system, electrical apparatus or wires serving the golf premises except as described in this section hereinafter. G. Sanitation No offensive matter or refuse or substance constituting an unnecessary, unreasonable, or unlawful fire hazard, or material detrimental to the public health shall be permitted to remain on the premises and Lessee shall prevent any accumulation thereof from occurring. H. Security Devices ASSIGNMENT OF LEASE & AlvIENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 10 OF 36 Lessee may provide any legal devices, mechanisms, or equipment designed for the purpose of protecting the premises from theft, burglary or vandalism. All purchases and installation thereof shall be at Lessee's expense I. Safety Lessee shall immediately correct any unsafe condition of the golf premises, as well as any unsafe practices occurring thereon. J. Quality of Food, Goods and Services Services to the public, with food, goods and merchandise of the best quality and at reasonable charges, is of prime concern to City and are considered a part of the consideration for this Agreement. Therefore, Lessee agrees to operate and manage, during the entire term of this Agreement, the golf course, and facilities in a first-class manner, and comparable to other first-class golf courses providing similar facilities and services. Where such facilities are provided, Lessee shall furnish and dispense foods and beverages of the best quality and shall maintain a high standard of service at least equal to that of other establishments in the area and to those prevailing in such areas for similar products and services, and without discrimination. Lessee, following receipt of written notification therefore, shall immediately withdraw or remove from sale any goods or services which may be found objectionable to the City based on findings that the provision of such goods or services are harmful to the public welfare. K. Reporting Lessee or his representative shall meet with the Mayor or his or her representative annually, and at such other times as may be required by the City to review Lessee's performance under this Agreement and to discuss any problems or matters as determined by the City or Lessee. L. Trade Fixtures Lessee at its own expense shall provide and install all appliances, furniture, fixtures, equipment, door locks and padlocks that are required for the operation of the demised premises. M. Habitation ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE~ PAGE 11 OF 36 The golf premises shall not be used for human habitation, other than a night watchman or patrolman as approved by the City. N. Golf Associations Lessee acknowledges that at Golf Course there is presently organized, active and participating responsible golf associations that have, over long periods of time, been helpful to City in the operation and improvement of the golf course. Lessee agrees to encourage and cooperate with these associations, and to consult with their authorized representatives on matters of mutual interest. Similarly, Lessee agrees to encourage formation of such additional, responsible organizations by users of the golf facilities and to consult with them in the same manner. O. Destruction of Demised Premises 1. In the event the golf premises shall be totally or partially destroyed by a risk covered by insurance coverage required herein, Lessee shall restore the premises using insurance proceeds. Plans, specifications, and construction cost estimates for the restoration thereof shall be prepared by Lessee and forwarded to City for approval prior to the performance of any work thereon. The required construction shall be performed by Lessee and/or licensed and bondable contractor(s) thereof who shall be required to carry comprehensive liability and property damage insurance, workers' compensation insurance, and all other associated coverages required at the time by contractors doing similar work on City property. Said construction shall be commenced promptly following the approval thereof by the City, issuance of permits therefore by governmental agencies having jurisdiction thereover, and posting of the construction site by City with notice of nonresponsibility, and shall be diligently prosecuted to completion. All work shall be performed in accordance with the approved plans and specifications, unless changes therein are approved in advance thereof by City. All construction shall be performed in a good and workmanlike manner. Upon completion of the restoration, Lessee shall immediately record a notice of completion with the City. 2. When the premises are restored, this Agreement shall continue in full force and effect, except that the payment to be made by the Lessee shall be abated and/or other relief afforded to the extent that the City may determine the damage and/or restoration interferes with the golf course operation provided a claim therefore is filed with the City within one hundred (100) day notice of election to restore the premises. Any such claim shall be denied if the destruction of the golf ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 12 OF 36 premises is found by the City to have been caused by the fault and/or neglect of Lessee. Lessee agrees to cooperate in the determination of the abatement and/or other relief to be provided by furnishing all information requested relative to the golf course operation, and permitting examination and audit of all accounting records kept in connection with the conduct thereof. P. Independent Contractor 1. This Agreement is by and between the City and Lessee and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture or association, as between the City and Lessee. 2. Lessee understands and agrees that all persons furnishing services to City pursuant to this Agreement are, for purposes of Workers' Compensation liability, employees solely of Lessee and not the City. 3. Lessee shall bear the sole responsibility and liability for furnishing Worker's Compensation benefits to any person for injuries from or connected with services performed on behalf of Lessee pursuant to this Agreement. Q. Hold Harmless and Indemnification Lessee agrees to indemnify, defend and save harmless the City, its agents, officers, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with Lessee's operations or its services hereunder, including any worker's compensation suits, liability or expense, arising from or connected with services performed on behalf of Lessee by any person pursuant to this Agreement. Lessee's duty to indemnify City shall survive the expiration or termination of this Agreement. R. Insurance 1. Without limiting Lessee's indemnification of City, Lessee shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to City and evidence of such programs satisfactory to City shall be delivered to the City on or before the effective date of this ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 13 OF 36 Agreement. Such evidence shall specifically identify this Agreement and shall contain express conditions that City is to be given written notice at least (30) days in advance of any modification or termination of any program of insurance. Such insurance, with the exception of Workers' Compensation insurance, shall be primary to and not contributing with any other insurance maintained by City, and shall name City an additional insured. 2. During the periods of time of normal operations and non- construction periods, Lessee shall provide and maintain the following forms and amounts of insurance: a. Property: At all times during the Term, Lessee, at its sole cost and expense, shall cause the golf premises and all associated facilities to be fully and adequately insured with a customary policy of fire and extended coverage insurance (including vandalism, malicious mischief and special extended perils or all risk) in an amount not less than the full replacement cost of the Premises, with a standard inflation guard endorsement or, in the event the parties have agreed upon a fixed amount of insurance, with a fIXed amount endorsement. b. Liability: Comprehensive General Liability insurance endorsed for Independent Contractor, Premises, Operations, Products/Completed Operations, Contractual, Broad Form Property Damage, and Personal Injury with a combined single limit of not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence. If such insurance is written on a Claims Made Form, such insurance shall be endorsed to provide an extended reporting period of not less than five years following termination of this Agreement. c. Workers' Compensation: A program of Workers' Compensation insurance in an amount and form to meet all applicable legal requirements. 3. During the period(s) of construction as required herein, Lessee shall provide the following forms and amounts of insurance: a. Builder's All-Risk Insurance: including flood coverage, covering the entire work, against loss or damage until completion and acceptance by the City. Insurance shall be in an amount for the replacement value of the improvements and endorsed for broad form property damage, breach of warranty, explosion, collapse, and underground hazards. Deductibles not exceeding five percent (5%) of the construction cost will be permitted. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 14 OF 36 b. Comprehensive General Liability: insurance endorsed for Independent Contractor, Architect's Professional Liability, Premises-Operations, Products/Completed Operations, Contractual, Broad Form Property Damage, and Personal Injury with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. c. Comprehensive Auto Liability: endorsed for all owned and non-owned vehicles with a combined single limit of at least Three Hundred Thousand Dollars ($300,000.00) per occurrence. d. Worker's Compensation: a program of Workers' Compensation insurance in an amount and form to meet all applicable requirements. 4. Failure on the part of Lessee to procure or maintain required insurance shall constitute a material breach of contract upon which City may immediately terminate this Agreement. 5. Conduct of Lessee's operations shall not commence until Lessee has complied with the aforementioned insurance requirements. Further, said operations, whether in whole or in part, shall be subject to suspension by the City during any period that Lessee fails to maintain said policies in full force and effect. 6. The specified amount of liability insurance required herein may be subject to renegotiation on an annual basis. Should either party request renegotiation with respect to the amount of liability insurance to be provided, the determination thereof shall be established through mutual negotiations between the parties. Lessee shall continue to provide liability insurance in the amount currently being provided pending final renegotiation thereof in the manner heretofore provided. 7. Subsequentto such renegotiation as hereinbefore described, and with the concurrence ofthe City's Risk Lessee and City Attorney, the City shall prepare and execute, and the Lessee shall execute, the appropriate amendment to this Agreement. 8. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Lessee to furnish insurance during the term of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certificate, with all endorsements required by this Section, showing ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 15 OF 36 that such insurance coverage has been renewed or extended shall be filed with the City. S. Lessee shall pay all taxes, assessments, fees and charges on real property, goods, merchandise, fixtures, appliances and equipment owned or used therein. T. Transfers 1. Lessee shall not, without the prior written consent of the City assign, hypothecate, or mortgage this Agreement, or sublease or sublicense any portion of the premises. Any attempted assignment, hypothecation, mortgage, sublease or sublicense without the consent of the City shall render this Agreement null and void. 2. Each and all of the provisions, agreements terms, covenants and conditions herein contained to be performed by Lessee shall be binding upon any transferee thereof. 3. The operations herein authorized shall not be transferable by testamentary disposition or the State Laws of intestate succession, as the rights, privileges, and use conferred by this Agreement shall terminate prior to the date for expiration thereof in the event of the death of Lessee occurring within the term herein provided. Additionally, neither this Agreement nor any interest therein shall be transferable in proceedings in attachment or execution against Lessee or in voluntary or involuntary proceedings in bankruptcy or insolvency or receivership taken by or against Lessee, or by any process of law including proceedings under Chapter X and XI of the Bankruptcy Act. 4. Shareholders, members, and/or partners of Lessee may transfer, sell, exchange, assign or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment or divestment is effected in such a way as to give majority control of Lessee to any persons, corporation, partnership or legal entity other than the majority controlling interest therein at the time of execution of this Agreement, approval thereof shall be required. Consent to any such transfer shall be refused, if the City finds that the transferee is lacking in experience and/or tmancial ability to render and provide services for the operation of the golf course. 5. The prohibition herein contained shall not be applicable with respect to transfers of this Agreement arising from the exercise of a power of sale or judicial foreclosure pursuant to the terms and ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 16 OF 36 conditions of a hypothecation or mortgage previously approved by the City. 6. In reference to the previous Section, the City's consent with regard to successive transfers of this Agreement arising from the exercise of a power of sale or judicial foreclosure or the assignment of the Agreement in lieu of foreclosure, pursuant to the terms of a deed of trust previously approved by the City, shall not be unreasonably withheld. U. Non-Discrimination and Civil Rights Compliance 1. Lessee hereby certifies and agrees that it will comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, where applicable, Title 43, part 17 of the Code of Federal Regulations Subparts A and B, and the Americans with Disabilities Act of 1990, to the end that no persons shall, on the grounds of race, creed color, national origin, political affiliation, marital status, sex, age or disability, be subjected to discrimination under the privileges and use granted by this Agreement or under any project, program or activity supported by this Agreement. 2. Lessee certifies and agrees that all persons employed thereby, are and shall be treated equally without regard to or because of race, creed, color, national origin, political affiliation, marital status, sex, age or disability and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited to, the Federal Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the State Fair Employment Practices Act. 3. Lessee certifies and agrees that subcontractors, bidders and vendors thereof are and shall be selected without regard to or because of race, creed, color, national origin, political affiliation, marital status, sex, age or disability. 4. All employment records shall be open for inspection and reinspection at any reasonable time during the term of this Agreement for the purpose of verifying the practice of non-discrimination by Lessee in the areas heretofore described. 5. If City imds that any of the above provisions have been violated, the same shall constitute a material breach of contract upon which City may determine to cancel, terminate, or suspend this ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 17 OF 36 Agreement. While City reserves the right to determine independently that the non-discrimination provisions of this Agreement have been violated, in addition, a determination by the Idaho Human Rights Commission or the Federal Equal Employment Opportunity Commission that Lessee has violated State or Federal non- discrimination laws or regulations shall constitute a finding by City that Lessee has violated the non-discrimination provisions of this Agreement. v. Easements City reserves the right to establish, grant or utilize easements or right of ways over, under, along and across the golf premises for utilities and/or public access to the golf premises provided City shall exercise such rights in a manner as will avoid any substantial interference with the operations to be conducted hereunder. Should the establishment of such easements permanently deprive Lessee of the use of a portion of the premises, an abatement of payments shall be provided in an amount proportional to the total area of the premises in the before and after conditions. W. Cancellation 1. This Agreement shall be subject to cancellation upon the occurrence of anyone or more of the circumstances as described in Events of Default hereinafter. As a condition precedent thereto, the City shall give Lessee ten (10) days notice by registered or certified mail of the date set for cancellation thereof; the grounds therefore; and that an opportunity to be heard thereon will be afforded on or before said date, if request is made therefore. 2. Upon cancellation City shall have the right to take possession of the premises, including all improvements, equipment, and inventory located thereon, and use same for the purpose of satisfying and/or mitigating all damages arising from a breach of this Agreement. 3. Action by City to effectuate a cancellation and forfeiture of possession shall be without prejudice to the exercise of any other rights provided herein or by law to remedy a breach of this Agreement. 4. Any trustee, beneficiary, mortgagee or lender (hereinafter: Lender) under a hypothecation or mortgage previously approved by the City shall have the right at any time during the term of this Agreement to undertake any and all action that may be required in ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 18 OF 36 order to prevent cancellation of this Agreement and a forfeiture of the operation. Accordingly, the City shall send a copy of any intended cancellation of this Agreement to any of the aforementioned parties whose security would be affected thereby; and upon request thereof for postponement, extend the date set therefore by such time as the City finds reasonable in order to allow said parties to correct the grounds therefore or to provide a new Lessee under a power of sale or foreclosure contained in the hypothecation or mortgage, who upon transfer thereto shall become responsible for the correction thereof within such time as may be allowed by the City. 5. The City shall provide to a Lender a copy of any notice of default served upon Lessee, provided that such Lender shall have previously registered with the City by written notice specifying the name and address of said Lender, at the same time the City provides such notice to the Lessee. With regard to monetary defaults and other non-monetary defaults which are curable by Lender, the City shall not terminate this Agreement so long as Lender, after receiving notice of such defaults and within a reasonable time after the expiration of the Lessee's curative periods to cure the defaults as specified in Events and Default hereinafter, commences promptly to payor to institute foreclosure proceedings to foreclose the deed of trust and proceeds with the due diligence thereafter to prosecute such proceedings to a conclusion or to cure the defaults. With regard to defaults which cannot be cured by Lender, the City shall not terminate this Agreement so long as Lender, after receiving notice of such defaults and within a reasonable time after the expiration of the Lessee's curative periods to cure the defaults as specified in Events of Default hereinafter, promptly institutes foreclosure proceedings to foreclose the deed of trust and proceeds with due diligence thereafter to prosecute such proceedings to a conclusion. In the event that this Agreement is rejected by a trustee in bankruptcy due to Lessee's bankruptcy, the City shall provide to Lender or its assignee an option to enter into a new lease agreement with the City upon the same terms and conditions as are contained in this Agreement and for the balance of the term thereof. X. Events of Default 1. The abandonment, vacation or discontinuance of golf course operations on the golf premises for more that twenty-four (24) consecutive hours, except as provided under section 4 of this agreement. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE ~ PAGE 19 OF 36 2. The failure of Lessee to punctually payor make the payments required herein when due, where the delinquency continues beyond ten (10) days following written notice for payment thereof. 3. The failure of Lessee to operate in the manner required by this Agreement, where such failure continues for more than then (10) days after written notice from the City to correct the condition therein specified. 4. The failure of Lessee to maintain the premises and the improvements constructed thereon in the state of repair required hereunder, and in a clean, sanitary, safe and satisfactory condition, where such failure continues for more than ten (10) days after written notice from the City for correction thereof, provided that where fulfillment of such obligation requires activity over a period of time and Lessee shall have immediately, following receipt of such notice, commenced to perform whatever may be required to cure the particular default and continues such performance diligently, said time limit may be waived in the manner and to the extent allowed by the City. 5. The failure of Lessee to keep, perform and observe all other promises, covenants, conditions and agreements set forth in this Agreement, where such failure continues for more than thirty (30) days after written notice from the City for correction thereof, provided that where fulfillment of such obligation requires activity over a period of time and Lessee shall have commenced to perform whatever may be required to cure the particular default within ten (10) day after such notice and continues such performance diligently, said time limit may be waived in the manner and to the extent allowed by the City. 6. The filling of a voluntary petition in bankruptcy by Lessee; the adjudication of Lessee as a bankrupt; the appointment of any receiver of Lessee's assets; the making of a general assignment for the benefit of creditors; a petition or answer seeking an arrangement for the reorganization of Lessee under any Federal Reorganization Act, including petitions or answers under Chapters X or XI of the Bankruptcy Act; the occurrence of any act which operates to deprive Lessee permanently of the rights, powers and privileges necessary for the proper conduct and operation of the golf course; the levy of any attachment or execution which substantially interferes with Lessee's operations under this Agreement and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE ~PAGE 20 OF 36 7. Determination by the City, the State Human Rights Commission, or the Federal Equal Employment Opportunity Commission of discrimination having been practiced by Lessee in violation of state and/or federal laws thereon. 8. Transfer of the majority controlling interest of Lessee to persons other than those who are in control at the time of the execution of this Agreement without approval thereof by the City. 9. Failure to have submitted schematic plans and/or working drawings on or before the date(s) designated in this Agreement for submission thereof. 10. Failure to have commenced required construction or any phase thereof on or before the date designated in this Agreement for commencement thereof. 11. Failure to have completed construction on or before the date designate~ in this Agreement for completion thereof. Y. Default For Insolvency 1. City may immediately terminate this Agreement for default in the event of the occurrence of any of the following: a. The City determines that the Lessee is insolvent. Lessee shall be deemed to be insolvent if it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether it has committed an act of bankruptcy or not, and whether insolvent within the meaning of Federal Law or not. b. The appointment of a Receiver or Trustee for Lessee. c. The execution by Lessee of an assignment for the benefit of creditors. 2. The rights and remedies of City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. Z. Waiver 1. Any waiver by City of any breach of anyone or more of the covenants, conditions, terms and agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the same or of any other covenant, condition, term or agreement ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE -PAGE 21 OF 36 herein contained, nor shall failure on the part of City to require exact, full and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this Agreement or stopping City from enforcing the full provisions thereof. 2. No delay, failure, or omission of City to re-enter the premises or to exercise any right, power, privilege or option, arising from any default, nor any subsequent acceptance of payments then or thereafter shall impair any such right, power, privilege or option, or be construed as a waiver of or acquiescence in such default or as a relinquishment of any right. 3. No notice to Lessee shall be required to restore or revive "time of the essence" after the waiver by City of any default. 4. No option, right, power, remedy or privilege of City shall be construed as being exhausted by the exercise thereof in one or more instances. The rights, powers, options, privileges and remedies given City by the Agreement shall be cumulative. AA. Right of Entry 1. Should Lessee be deemed deficient, as determined by the City, in its performance of its obligations required hereunder, City in addition to all other available remedies may, but shall not be so obliged, enter upon the premises and correct Lessee's deficiencies using City forces, and equipment and materials on the premises suitable for such purposes, or by employing a separate private contractor. City's costs so incurred, including direct and indirect overhead costs as determined by City, shall be reimbursed to City by Lessee and/or its sureties within thirty (30) day of demand thereof. 2. In the event of an abandonment, vacation or discontinuance of operations for a period in excess of twenty-four (24) hours (except as allowed under Section 4 of this agreement), Lessee hereby irrevocably appoints City as an agent for continuing operation of the services granted herein, and in connection therewith authorizes the officers and employees thereof to (1) take possession of the premises, including all improvements, equipment and inventory thereon; and (2) remove any and all persons or property on said premises and place any such property in storage for the account of and at the expense of Lessee; and (3) sublease or license the premises; and (4) after payment of all expense of such subleasing or licensing apply all payments realized therefrom to the satisfaction and/or mitigation of all damages arising from Lessee's breach of this Agreement. Entry by the officers and ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 22 OF 36 employees of City upon the premises for the purpose of exercising the authority conferred hereon as agent of Lessee shall be without prejudice to the exercise of any other rights provided herein or by law to remedy a breach of this Agreement. AB. Surrender 1. Upon expiration of the term hereof, or cancellation thereof as herein provided, Lessee shall peaceably vacate the premises and any and all improvements located thereon and deliver up the same to City in a reasonably good condition, ordinary wear and tear excepted. 2. Upon expiration of the term of this Agreement, Lessee shall execute and deliver to City within thirty (30) days after service of written demand, a good and sufficient quitclaim deed of the Lessee's interest in this Agreement and the demised premises. Should Lessee fail or refuse to deliver to City a quitclaim deed as aforesaid, a written notice by City reciting the failure of the Lessee to execute and deliver the quitclaim deed, shall after ten (10) day from the date of recordation of the notice be conclusive evidence against Lessee and all persons claiming under Lessee of the termination of this Agreement. AC. Interpretation 1. This Agreement shall be interpreted according to the rules which govern the interpretation of contracts, as prescribed in Idaho Code. 2. The headings herein contained are for convenience and reference only and are not intended to derme or limit the scope of any provision thereof. 3. Except as specifically provided below or by policy statement issued by City, there shall be no deduction from gross receipts for any overhead cost or expense of operations, such as, but without limitation to salaries, wages, costs of goods, interest, debt amortization, credit, collection costs, discount from credit card operations, insurance and taxes. Bona fide bad debts actually incurred by Lessee or its sub lessees, assignees, licensees, concessionaires and permittees may be deducted from gross receipts. There shall, however, be no deduction for bad debts based on past experience or transfers to a bad debt reserve. Subsequent collection of bad debts previously not reported as gross receipts shall be included in gross receipts at the time they are collected. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 23 OF 36 4. Except as specifically provided below or by policy statement issued by the City, gross receipts reported by Lessee and its sublessees, assignees, licensees, concessionaires and permittees, must include the full usual charges for any services, goods, rentals, or facilities provided by Lessee or its sub lessees, assignees, licensees, concessionaires or permittees. Gross receipts shall not include the following: direct taxes imposed upon the consumer and collected therefrom by the Lessee such as, but not limited to, Federal, State, and/or Municipal retail sales and use taxes, or related direct taxes, which are direct taxes paid periodically by Lessee to a governmental agency accompanied by a tax return statement; receipts from fees or charges made for golfing instructions. 5. The City by policy statement consistent with recognized and accepted business and accounting practices, may further interpret the term "gross receipts" as used in this lease. AD. Force Majeure/Time Extensions Except as otherwise specifically provided hereinbefore, and in the event either party hereto shall be delayed or prevented from performance of any act required hereunder by reason of Acts of God, litigation to which Lessee is not a plaintiff, or other cause without fault and beyond control of the party obligated, performance of such act shall be excused for the period of time of the delay as determined by the City. An extension of time for any such cause shall only be for a period of time equivalent to the enforced delay. Lessee's inability to obtain financing shall not be grounds for an extension of time. City shall prepare and execute, and Lessee shall execute the appropriate document acknowledging any extension of time granted pursuant to this section. AE. Manager's Non-Compliance and Liquidated Damages 1. If the City determines that there are deficiencies in Lessee's performance of the golf course operations authorized and required herein, the City will provide, as specified in the Section of this Agreement entitled Events of Default hereinbefore, a written notice to the Lessee to correct said deficiencies within specified time frames, except for the repair of leaking valves which must be corrected within twenty-four (24) hours following notification. 2. In the event that Lessee fails to correct the deficiencies within the prescribed time frames the City may, at its option; (1) exercise its rights under the Section of this Agreement entitled Right of Entry ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE-PAGE 24 OF 36 hereinbefore, and/or (2) assess liquidated damages pursuant to the schedule hereinafter listed. a. The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure of the Lessee to comply with the obligations for golf course operations herein required, authorized, and specified in Sections pertaining to (Golf Services); (Food and Beverage Services); (Golf Starter Services); (Building and Equipment Maintenance Services); (Accounting Records); and (Operation Responsibilities). The parties hereby agree that under the current circumstances a reasonable estimate of such damage is $250.00 per day for each day of the period of time that the deficiencies exist, and that Lessee shall be liable to City for liquidated damages in said amount. b. The parties further agree that it will be impracticable or extremely difficult to f1x extent of actual damages resulting from the failure of the Lessee to comply with the obligations for golf premises grounds maintenance required and herein as specif1ed in the Section titled (Grounds Maintenance Services). The parties hereby agree that under the current circumstances a reasonable estimate of such damages is $500.00 per day for each day of the period of time that the def1ciencies exist, and that Lessee shall be liable to City for liquidated damages in said amount. AF. Golf Course Evaluation Report 1. City and Lessee agree that the overall condition and playability of the golf course and the condition of the buildings thereon is of the primary importance to both parties. As this Agreement specifies the standards of performance deemed necessary for proper maintenance, the Lessee will develop a Golf Course Evaluation Report to document Lessee's performance pursuant to said standards. The Lessee's Golf Course Evaluation Report will be completed with an authorized representative(s) of the City subsequent to a golf course inspection by said representatives(s). Lessee shall make available to City's representative(s) a power driven golf car upon request for the purpose of inspecting the golf premises. The City shall make every reasonable effort to conduct such inspections with the Lessee on a regular basis and within semi-annual intervals, and the Lessee or his authorized representative will participate in the inspection tour of the premises. 2. The City reserves the right to modify, update, and/or amend the general content and format of the Evaluation Report forms in ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE- PAGE 25 OF 36 order to provide for a suitable instrument for the documentation of Lessee's performance. AG. Notices Any notice required to be given under terms of this Agreement or any law applicable thereto may be (1) delivered by personal service; or (2) placed in a sealed envelope, with postage paid, addressed to the person on whom it is to be served, return receipt requested, and deposited in a post office, mailbox, sub-post office, substation or mail chute, or other like facility regularly maintained by the United States Postal Service. The address to be used for any notice served by mail upon Lessee shall be care ofT. Erik Oaas, 519 W. Front Street, Boise, Idaho 83702 or such other place as may hereafter be designated in writing to the City by Lessee. Any notice served by mail upon City shall be addressed to the City Clerk at City Hall, 33 E Idaho Meridian, Idaho 83642 or such other place as may hereafter be designated in writing to Lessee by the City. Service by mail shall be deemed complete upon deposit in the above mentioned manner. AH. Severability If any provision of this Agreement is determined to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions hereof shall not be affected thereby and shall remain in full force and effect. AI. Contract Enforcement and Amendments To This Agreement 1. The Mayor and his or her designee shall be responsible for the enforcement of this Agreement on behalf of City and shall be assisted therein by those officers and employees of City having duties in connection with the administration thereof. 2. Any officers and/or authorized employees of City may enter upon the golf premises at any and all reasonable times and conditions hereof, or for any other purpose incidental to the rights of City within the golf premises. 3. In the event either party commences legal proceedings for the enforcement of this Agreement, the prevailing party shall be entitled to recover its attorney's fees and costs incurred in the action brought thereon. In the case of the City that shall include staff attorneys and/or any attorneys contracted for the purpose herein provided. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE-PAGE 26 OF 36 4. This document may be modified only by further written agreement between the parties. Any such modification shall not be effective unless and until executed by Lessee and in the case of the City, unless otherwise specifically authorized hereinbefore, until executed by the City Council. AJ. Captions Captions are for convenient reference only, and do not limit or amplify the language of the paragraph(s) following. AL. Entire Agreement This document, and the exhibits attached hereto, constitutes the entire agreement between the City and Lessee for the Golf Course operations and use granted herein. All other agreements, promises and representations with respect thereto, other than contained herein, are expressly revoked, as it has been the intention of the parties to provide for a complete integration within the provisions of this document, and the exhibits attached hereto, the terms, conditions, promises, and covenants relating to the golf course operation, and the golf premises to be used in the conduct thereof. IN WITNESS WHEREOF, the City has caused this contract to be executed by its proper officers hereto duly authorized this _ day of , 2005, and the Lessee has hereunto set its hands. CITY OF MERIDIAN By: Tammy de Weerd, Mayor ATTEST: Will Berg, City Clerk Lakeview Meridian Investors, LLC By: T. Erik Oaas, Member ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE-PAGE 27 OF 36 Boise Ranch Golf, Inc. By Richard Davis, President. ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE-PAGE 28 OF 36 EXHIBIT A ASSUMPTION AGREEMENT Loan No. 5111289 THIS AGREEMENT is made and entered into this 20th day of April, 2005, among Cherry Lane Recreation, Inc., an Idaho corporation, 4200 W. Tal amore, Meridian, Idaho 83642 ("Borrower"), Ve Nita Lovan, 3415 Cherry Lane, Meridian, Idaho 83642 ("Existing Guarantor"), Boise Ranch Golf Course, Inc., an Idaho corporation, 4200 W. Talamore, Meridian, Idaho 83642 ("Purchaser"), Richard R. Davis, 7048 S. Shadow Moss, Boise, Idaho 83709 ("New Guarantor") and Idaho Independent Bank, 113 E. Idaho Avenue, Meridian, Idaho 83642 ("Lender"). WHEREAS, Borrower is the Lessee of certain real property located in Me1idian, Idaho, commonly known as Cherry Lane Golf Course, pursuant to that certain Agreement of Lease (the "Lease") executed October 3, 1978, between Borrower and the City of Meridian (the "City") as Lessor, which Lease has been renewed for an additional thirty (30) year term commencing on October 3,2003, and terminating on October 2,2033; and WHEREAS, in consideration of, and to evidence and secure, a loan from Lender in the original principal amount of Five Hundred Thousand Dollars and noll 00 ($500,000.00) (the "Loan"), Borrower and Existing Guarantor, as applicable, executed and delivered to Lender the instruments and agreements listed on Exhibit A, attached hereto as Exhibits A-I through A-9 and incorporated herein by this reference (the "Loan Documents"); and WHEREAS, Borrower has sold and assigned, or is about to sell and assign, to Purchaser all of Borrower's right, title and interest in and to the Lease and the real property subject thereto (the "Real Property"), and certain personal property of Borrower located at, arising from or used or associated with the Real Property (the "Personal Property") (the Real Property and the Personal Property may occasionally be referred to together as the "Property"); and WHEREAS, Borrower has granted to Lender a lien and security interest in the Borrower's rights under the Lease of the Real Property, and in the Personal Property, pursuant to the Deed of Trust and Security Agreement described on Exhibit A (the "Security Documents"); and WHEREAS, any transfer of the Real Property or Personal Property subject to the Deed of Trust and Security Agreement constitutes a breach of the Deed of Trust and Security Agreement, unless Lender first consents to such transfer in writing; and ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERA nONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 29 OF 36 WHEREAS, Borrower and Purchaser have requested that Lender consent to the sale and transfer of the Real Property and Personal Property; allow Purchaser to assume the liabilities of Borrower under the Loan Documents; and release Borrower and Existing Guarantor from further liability under the Loan Documents; and WHEREAS, Lender has agreed to such requests on the following terms and conditions; NOW, THEREFORE, in consideration of the mutual covenants herein the parties hereby agree as follows: 1. Purchaser hereby assumes liability for the payment of the indebtedness evidenced by the Promissory Note and secured by the Security Documents, the unpaid balance of which as of April 20, 2005, is agreed to be Three Hundred Ninety- Three Thousand Five Hundred Thirty-Three and 231l00ths Dollars ($393,533.23), consisting of $392,422.55 principal and $1,110.68 accrued and unpaid interest, and Purchaser further agrees to be bound by all of the terms and conditions of, and to perform all of the Purchaser's obligations under, the Loan Documents executed by Borrower as though Purchaser had originally executed the same. 2. New Guarantor hereby guarantees payment and performance of all Purchaser's obligations and liabilities under this Agreement and under the Loan Documents, and in furtherance of such guarantee, New Guarantor shall execute and deliver to Lender a Commercial Guaranty in the form attached hereto as Exhibit B. 3. Purchaser acknowledges and agrees that the interest rate applicable to the Promissory Note is a variable rate as described in the Promissory Note, presently seven percent (7.0%) per annum at the time of execution of this Agreement, and the monthly payment is Four Thousand Four Hundred and 00/100ths Dollars ($4,400.00) per month, with the next such payment due May 5, 2005. 4. In consideration of the assumption by Purchaser, and New Guarantor's agreement to execute and deliver the New Guaranty, as above set forth, Lender hereby consents to the transfer of the Borrower's right, title and interest in the Real Property and Personal Property to Purchaser, and releases and discharges Borrower and Existing Guarantor from all further liability under the Loan Documents. This release shall become effective only upon the actual conveyance of the Real Property and Personal Property by Borrower to Purchaser and shall not be operable if such release and discharge in any maimer invalidates the mortgage insurance or guarantee of any federal agency or the mortgage insurance of any private mortgage insurer. Further, this Agreement in its entirety is conditioned upon Purchaser's obtaining and providing to Lender the written consent of City to the conveyance of the Property, and to this Agreement, in form and substance acceptable to Lender in its sole discretion. 5. Purchaser is paying a part of the purchase price of the Property to Borrower by means of a promissory note payable to Borrower in the amount of $ ("Carryback Note"). The Carryback Note shall be secured by liens ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 30 OF 36 and security interests in favor of Borrower in some or all of the Property. Notwithstanding the prohibition of liens and encumbrances of the Real Property and Personal Property set forth in the Security Documents, Lender hereby consents to Purchaser's granting liens and security interests in the Property to Borrower to secure Purchaser's payment ofthe Carryback Note, subject to the following conditions: A. The liens and security interests in favor of Borrower shall, and are hereby declared to be, subordinate in priority to the liens and security interests in the Property in favor of Lender in all respects; B. Any failure to make a payment as required under the Carryback Note and any other failure of payment or performance or other default under the Carryback Note and all deeds of trust, assignments, security agreements and other documents and agreements evidencing or securing the loan represented by the Carryback N ote (each, a "Purchaser Default"), shall constitute a default under the Loan Documents, entitling Lender to exercise all of its rights and remedies provided under the Loan Documents; C. Upon the occurrence of any Purchaser Default, Borrower shall notify Lender of the same in writing within five (5) business days of Borrower's becoming aware of such Purchaser Default; and D. Upon notice by Lender to Borrower of any default by Purchaser under this Agreement or the Loan Documents (whether such default arises from a Purchaser Default or otherwise), Borrower shall not be entitled to receive any payments of any kind from Purchaser, and shall hold any such payments received in trust for Lender, and shall pay such amounts over to Lender within five (5) business days of Borrower's receipt thereof. 6. Anything herein to the contrary notwithstanding, this Agreement shall not affect or impair any warranty of title heretofore made by Borrower, which warranty of title shall remain in force and inure to the benefit of Lender and any insurer oftitle or the lien of the Deed of Trust. 7. Purchaser hereby acknowledges that the Deed of Trust contains a due on sale provision in Section 4 thereof, and a prohibition of assumptions in Section 17(g) thereof. Purchaser further acknowledges and agrees that Lender is under no obligation to consent to any future sale, conveyance, transfer, assignment, encumbrance, turnover or any other disposition of the Real Property or Personal Property, nor any obligation to consent to any further assumption of the Loan. 8. In consideration for Lender's agreement to allow Purchaser's assumption of Borrower's duties, obligations and liabilities as described in this Agreement, Purchaser shall pay to Lender, upon execution of this Agreement, the sum of Four Thousand Nine Hundred Five and 00/1 OOths Dollars ($4,905.00). In addition, Purchaser shall pay all of Lender's out-of-pocket costs associated with this Agreement, ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 31 OF 36 including Lender's legal fees in the amount of One Thousand Five Hundred Seventy-five and nol100ths Dollars ($1,575.00), premiums for any endorsements to Lender's policy of title insurance covering the deed oftrust, and filing and recording fees. 9. Purchaser and New Guarantor represent and warrant that they have reviewed all of the Loan Documents, are familiar with their tenus, and have had the opportunity to consult with legal counsel regarding the Loan Documents and this Agreement. Purchaser and New Guarantor acknowledge (a) that the Real Property and the Personal Property are subject to the liens and security interests in favor of Lender, (b) that Purchaser takes such Property subject to such liens and security interests, and (c) that no further draws are available under the Promissory Note. In addition to the security interests granted to Lender in the Deed of Trust and Security Agreement, Purchaser hereby grants to Lender a security interest in all fixtures and personal property described in the Deed of Trust and Security Agreement, such descriptions being incorporated herein by this reference. Purchaser hereby authorizes Lender to file such UCC-I financing statements as Lender may desire, naming Purchaser as "Debtor" and Lender as "Secured Party", including any such financing statements identifying the collateral as "all assets" or "all personal property" or words of similar import. 10. This Agreement represents the entire agreement among the parties regarding its subject matter. Purchaser and New Guarantor acknowledge and agree that they have not been induced to enter into this Agreement by any statement, representation or agreement not expressed herein. 11. In the event of any dispute arising under this Agreement, the prevailing party shall be entitled to its attorney's fees and costs incurred in connection with such dispute. The parties have signed this Agreement the day and year first above written. BORROWER: CHERRY LANE RECREATION, INe. By: Its: EXISTING GUARANTOR: VeNita Lovan ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERA nONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 32 OF 36 PURCHASER: BOISE RANCH GOLF COURSE, INe. By: Its: NEW GUARANTOR; Richard R. Davis LENDER: IDAHO INDEPENDENT BANK By: Its: ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERA nONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - PAGE 33 OF 36 EXHIBIT B LEGAL DESCRIPTION ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE-PAGE 34 OF 36 EXHIBIT C CAPITAL PROJECTS (As provided by the Lessee) ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE~ PAGE 35 OF 36 EXHIBIT D GROUNDS MAINTENANCE SERVICES MANAGEMENT PLAN DURING THE ACTIVE GOLF SEASON (GENERALLY MAY 1ST TO SEPTEMBER 15TH) LESSEE SHALL UNDERTAKE THE FOLLOWING MAINTENANCE ACTIVITIES A. MOW GREENS MINIMUM 5 TIMES PER WEEK B. MOW TEES MINIMUM 3 TIMES PER WEEK C. MOW FAIRWAYS 3 TIMES PER WEEK D. RAKE SAND TRAPS DAILY E. CHANGE CUPS 5 TIMES PER WEEK F. MOW PRACTICE AREA 3 TIMES PER WEEK G. CHANGE TEE BOXES DAILY H. WATER DAILY (HAND WATER AS NECESSARY) I. FERTILIZE GREENS 3 TIMES PER YEAR J. FERTILIZE FAIRWAYS 3 TIMES PER YEAR K. PUNCH FAIRWAYS 1 TO 2 TIMES PER YEAR L. AERATE AND SAND GREENS AT LEAST 2 TIMES PER YEAR M. VERTICUT GREENS EVERY 2 TO 3 WEEKS N. GROOM GREENS AT LEAST 1 TIME PER WEEK O. MOW ROUGH MINIMUM 2 TIMES PER WEEK P. CLEAN RESTROOMS AND PUBLIC AREAS DAILY AND AS NEEDED Q. SERVICE EQUIPMENT DAILY AND AS NEEDED R. CHECK AND EV ALUA TE PONDS AND CART PATHS WEEKLY S. SERVICE PUMPS AND WATER SYSTEM DAILY DURING THE OFF-SEASON (GENERALLY, SEPTEMBER 16 TO APRIL 30TH) THE LESSEE SHALL UNDERTAKE THE ABOVE TASKS ON AN AS-NEEDED BASIS ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE- PAGE 36 OF 36 PARCEL I A PARCEL OF LANO BEING A PORTION OF THE WEST -HALF, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MEFlIDIAN, AOA COUNTY, IDAHO AND MORE PARTICUlAFlL Y DESCRIBED AS fOLLOWS; BEGINNING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH. RANGE 1 WEST, BOISE MERIDIAN, MERID IAN I AOA COUNTY J roAHO j THENCE ALONG THE SOUl1-lERL Y BOUNDARY OF SAID NORTHEAST QUARTER OF SECTION 3. NORTH 88 DEGREES 55 '29" WEST 2643.29 FEET TO A BRASS CAP MARKING THE SOUTHWEST GORNER OF THE NORTHEAST QUARTER/ THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 7S DEGREES 30'00" WEST 190.00 FEET TO A 2" IRON PIPE; THENCE NORTH 40 DEGREES 00'00. WEST 40.00 FEET TO AN IRON PINj THENCE SOUTH 15 OEGREES 59'31" WEST 70.00 FEET TO AN IRON PIN; THENCE SOUTH 25 DEGREES 00'00. WEST 64.19 FEET TO AN IRON PINj THENCE NORTH 89 DEGREES 25' 06" WEST 254.51 FEET TO A POINT l SAID POINT ALSO BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 139 DEGREES 25'06" EST 100.01 FEET TO A POINT; THENCE SOUTH 00 DEGREES 30.11" WEST 407.92 FEET TO A POINTj THENCE SOUTH 68 DEGREES 54' 11" EAST 276.46 FEET TO A POINT MARKING A POINT OF CURVE j THENCE ALONG A CURVE TO THE RIGHT 59.46 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 34 DEGREES 04' 10. I A RADIUS OF 100.00 FEET, TANGENTS OF 30.64 FEET AND A LONG CHORD OF 58,59 FEET BEARING SOUTH 51 DEGREES 52'06" EAST TO A POINT MARKING A POINT OF TANGENTS; TIlENCE SOUTH 34 DEGREES 50' 01' EAST 292.99 FEET TO A POINT i THENCE SOUTH 89 DEGREES 48'41" EAST 147.34 FEET TO A POINTj TliENCE NORTH 35 DEGREES 00'00' WEST 109.03 FEET TO A POINTj THENCE NORTH 51 DEGREES 45'00" WEST 580_00 FEET TO A POINTj THENCE NORTH 00 DEGREE 29' 44" EAST 335.18 FEET TO THE POINT OF BEGINNING. PARCEL II A PARCEL OF LAND LYING IN PORTIONS OF THE SOUTH HALF OF THE NORTH HALF AND THE NORTH HALF OF THE SOUTH HALF OF SECTION 3, TQ'NNSHIP 3 NORTH; RANGE 1 WEST, BOISE MERIDIAN, MERIDIANj ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; 8EGINNING AT A POINT MARKING THE NORTHWEST CORNER OF THE SAID NORTH HALF OF THE SOUTH HALf OF SECTION 3 j THENCE SOUTli 89 DEGREES 25 t 06" EAST Z, on .73 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO A POINT, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; TliENCE SOUTH 0 DEGREE 29'44' WEST 335.18 FEET TO A POINT; THENCE SOUTH 51 DEGREES 45' 00. EAST 580.00 FEET TO A POINT; THENCE SOUTH 35 DEGREES 00'00" EAST 285.33 FEET TO A POINT; THENCE SOUTH 22 DEGREES t5'00" WEST 60.05 FEET TO A POINTj THENCE SOUTH 43 DEGREES 58' 10" EAST 2313.75 FEET TO A POINT; THENCE SOUTH 29 DEGREES 00' 00' EAST 110.00 FEET TO A PO INT; THENCE NORTH 61 DEGREES 00' 00' EAST 8t .19 FEET TO A POINT OF CURVE; TliENCE LEGAL CONTINUED PAGE 2 PARCEL II (CONT.) NOATHEASTERLY ALONG A CURVE TO THE LEFT 147.14 FEET I SAID CURVE HAVING A CENTRAL ANGLE OF 48 DEGREES 10' 28', A RADIUS OF 175 _ 00 FEeT, TANGENTS OF 78.23 FEET AND A LONG CHORD OF 142.84 FEET BEARING NORTH 36 DEGREES 54' 46" EAST TO A POINT OF ENDING OF CURVE; THENCE NORTH 56 DEGREES 30'00" WEST 151.38 FEET TO A POINT; THENCE NORTH 41 DEGREES 30' 00" WEST 203.92 FEET TO A PO INT j THENCE NORTH 17 DEGREES 15 I 00' WEST 94. 14 FEET TO A PO WT; THENCE NORTH 22 DEGREES 15'00' EAST 147.00 FEET TO A POINT; THENCE NORTH 65 DEGREES 50' 00.. EAST 4S. 00 FEET TO A PO rNT; TH ENC E SOUTH 87 DEGREES 20'00' EAST 78.40 FEET TO A POINT; THENCE SOUTH 68 DEGREES 00'00. EAST 61.48 FEET TO A POINT; THENCE SOUTH 71 DEGREES 33' 25" EAST aa. 05 FEET TO A POINT; THENCE SOUTH 60 DEGREES 00'00" EAST 106.33 FEET TO A POINT OF BEGINNING OF CURVE; THENCE NORTHEASTERL Y ALONG A CURVE TO THE RIGHT 139.32 FEET, SAID CURVE HAVING A CEtfTRAL ANGLE OF 2S DEGREES 35'19", A RADIUS OF 311.95 FEET, TANGENTS OF 70.84 FEET AND AlONG CHORD OF 138.16 FEET BEARING NORTH 56 DEGREES 12'20" EAST TO A POINT OF TANGENTj THENCE NORTH 69 DEGREES 00'00' EAST 115.08 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT 125.7S FEETJ SAID CURVE HAVING A CENTRAL ANGLE OF 24 DEGREES 2S' 22', A RADIUS OF 295.00 FEET, TANGENTS OF 63.B4 FEET AND A LONG CHORD OF 124.80 FEET BEARING NORTH 56 DEGREES 47'19' EAST TO A POINT OF ENDING OF CURVE; THENCE NORTH 44 DEGREES 00' 00" WEST 79. 63 FE ET TO A PO I NT; THENCE NORTH 67 DEGREES 45' 00' WEST 160 _ 00 FEET TO A PO INT; THENCE SOUTH 65 DEGREES 50' 00. WEST 244.67 FEET TO A PO INT; THENCE NORTH 50 DEGREES 30' 00. WEST 114,35 FEET TO A POINTj THENCE NORTH 44 OEGREES 00'00. EAST 90.00 FEET TO A POINT; THENCE NORTH 17 DEGREES 00' 00" WEST 175.00 FEET TO A POINT; THENCE NORTH 12 DEGREES 00' 00' EAST 280.00 FEET TO A PO INT j THENCE NORTH 77 DEGREES 30'00. WEST 170.00 FEET TO A POINT; THENCE SmITH 68 DEGREES 00'00' WEST 265.00 FEET TO A porNT MARKING THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 3 j THENCE NORTH 75 DEGREES 30' 00" WEST 1 90. 00 FEET TO A POINT j THENG E NORTH 40 DEGREES 00' 00" WEST 40.00 FEET TO A PO INT; THENCE SOUTH 75 DEGREES 59' 31' WEST 70.00 FEET TO A POINT; THENCE SOUTH 25 DEGREES 00' 00' WEST 64.19 FEET TO A POINT ON THE SAID NORTHERLY BOUNDARY OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3; THENCE NORTH 89 DEGREES 25'06" WEST 254.51 FEET ALONG THE SAID NORTHERLY BOUNDARY OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO THE POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING SUBDIVISIONS: CHERRY LANE VILLAGE NO. 1 SUBOIVISION, ACCORDING TO THE PLAT THEREOf l FILED IN BOOK 44 OF PLATS AT PAGES 3537 AND 3538, RECOROS OF ADA COUNTY, IDAHO; CHERRY LANE VILLAGE NO. 2 SUBOIVISION, ACCORDING TO THE PLAT THEREOF J FILED IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECORDS OF ADA COUNTY I IDAHO; THE LAKE AT CHERRY LANE I ACCORDING TO THE PLAT THEREOF FILED IN BOOK 52 OF PLA TS AT PAGES 4569 AND 4570, RECORDS OF ADA COUNTY, rDAHO; THE LAKE AT CHERRY LANE NO.2. ACCORDING TO THE PLAT THEREOF FILED IN BOOK 54 OF PLATS AT PAGES 4882 AND 4883, RECORDS OF ADA COUNTY, IDAHO; LEGAL CONTINUED PAGE 3 PARCEL II (CONT,) THE LAKE AT CHERRY LANE NO. 4 SUBDIVISION, ACCORDrNG TO THE PLAT THEREOF, FILED IN SOOK 74 OF PLATS AT PAGES 7674 AND 7675, RECORDS OF AOA COUNTY, IDAHO. PARCEl II1-A A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH J RANGE 1 WEST, BOISE MERIDIAN I MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECrrONS 4, 9, 10 AND THE SArD SECTION 3; THENCE NORTH. 0 DEGREE 38' 11" EAST 2651. 19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAY REESTABLISHED BY L$ 972 (ep &: F INSTAUMENT NO. 7852146, RECORDS OF ADA COUNTY] IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NOATH .(] DEGREE 38' 2r EAST 2697.49 FEETi THENCE NORTH 0 OEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE SOUTH 88 DEGREES 55'31" EAST 379.53 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUWG SOUTH 88 DEGREES 55'31' EAST 182.65 FEET TO A POINT; THENCE SOUTH B DEGREES 18' 10" EAST 440.66 FEET TO A POINT j THENCE SOUTH 16 DEGREES 18'25" WEST 218.04 FEET TO A POINT; THENCE NORTH 89 OEGREES 13'51" EAST 540.22 FEET TO A POINT; THENCE NORTIl 71 DEGREES 43' 34" EAST 442.46 FEET TO A POINT; THENCE NORTH 10 DEGREES 33'50" EAST 487.84 FEET TO A POINT; THENCE SOUTH 88 DEGREES 55'31" EAST 124.84 FEET TO A POINT; THENCE SOUTH 50 OEGREES 38'25" EAST 89.99 FEET TO A POINT; THENCE 165.33 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.25 FEET, A CENTRAL ANGLE OF 37 DEGREES 51 '08-, AND A LONG CHORD BEARING SOUTH 31 DEGREES 42'52' EAST 162.34 FEET TO A POINT; THENCE NORTH 8S DEGREES 29'44" \'lEST 120.24 FEET"TO A POINT; THENCE SOUTH 4 DEGREE 27' 1 r EAST 60.30 FEET TO A PO INT; THENCE SOUTH 0 DEGREE 30' 16"' WEST 230.52 FEEl TO A POINT; THENCE SOUTH 10 DEGREES 31'20. WEST 123,51 FEET TO A POINT; THENCE SOUTH 30 DEGREES 14'07" WEST 119.57 FEET TO A POINT; THENCE SOUTH 50 DEGREES 50'29" WEST 134.39 FEET TO A POINT; THENCE SOUTH 71 DEGREES 28'48" WEST 120.64 FEET TO A POINTj THENCE SOUTH 82 DEGREES 45'52~ WEST 225.64 FEET TO A POINT; THENCE SOUTH 89 DEGREES 02' 51- WEST 67.30 FEET TO A POINT; THENCE NORTH 89 DEGREES 10'41' WEST 825.06 FEET TO A POINT; THENCE NORTH 77 OEGREES 29.20. WEST 148.07 FEET TO A POINT; THENCE NORTH 89 DEGREES 10'41" WEST 160.40 FEET TO A POINT LYING 65.00 FEET EAS1' OF THE WEST BOUNDARY OF SAID SECTION 3; THENCE ALONG A LINE 65.00 FEET EAST OF AND PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 3 NORTH 0 DEGREES 38'11" EAST 247.64 FEET TO A POINT; THENCE SOUTH 89 DEGREES 21 r 49" EAST 156.03 FEET TO A POINT; THENCE NORTH 45 DEGREES 03'16" EAST 163.61 FEET TO A POINT; THENCE NORTH 5 DEGREES 39'31" EAST 502.42 FEET TO THE POINT OF 8EGrNNING. LEGJ.>.L CONTINUED PAGE 4 PARCEl. III-B A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST I BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICUlARLY DESCJU8ED AS FOLLOWS: COMMENCING AT THE CORNER GOMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3 ; THENCE NORTH 0 DEGREE 38' 11" EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (GP &. F INSTFlUMENT r-lO. 7852146, RECORDS OF ADA COUNTY I IDAHO); FORM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27' EAST 2697.49 FEET; THENCE NORTH 0 DEGREE 38'27' EAST 22.64 FEET TO A 5/8" IRON PIN; TliENCE SOUTH 88 DEGREES 56' 31. EAST 1977. 72 FEET TO A 5/8' IRON P IN AND THE REAL POINT OF BEGINNING; THENCE SOUTH 0 DEGREE 30'15" WEST 413.59 FEET TO A POINTj THENCE NORTH 68 DEGREES 54' 11" WEST 2.6.71 FEET TO A POINT; THENCE NORTH 68 DEGREES 54' 11 ~ WEST 26.71 FEET TO A PO I NT; THENCE NORTH 0 DEGREE 30'15" EAST 217.93 FEET TO A POINT; THENCE 211.88 FEET ALONG THE ARC OF A CURVE TO TIlE LEFT, HAVING A RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF 48 DEGREES 36' 25' AND A LONG CHORD BEARING NORTH 23 DEGREES 47' 57' WEST 205.58 FEET TO A POINT; THENCE SOUTH 88 DEGREES 55'31- EAST 109.62 FEET TO THE POINT OF BEGINNING. PARCEL IV.A A PORTION OF SOUlliWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST} BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38' 11" EAST, 2651.19 FEET TO THE QUARTER CORNER GOMMON TO SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (G? &. F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY I IDAHO); FROM WHICH THE NORTHWEST CORNEA OF SAID SECTION 3 BEARS NORTI! 0 DEGREE 38 '27' EAST I 2697.49 FEET; THENCE NORTH 0 DEGREE 38' 27" EAST 22.64 FEET TO A 5/8' IRON PIN; THENCE SOUTH 88 DEGREES 55' 31' EAST, 379.53 FEET TO THE REAL POINT OF BEGINNING; THENCE NORTH 5 DEGREE 39'31" EAST, 290.213 FEET TO A POINT; THENCE 46.45 FEET ALONG THE ARC OF A NON - TANGENT CURVE TO TIlE RIGHT, HAVING A RAD IUS OF 250.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 38' 46', AND A LONG CHORD BEARING SOUTH 49 DEGREES 22' 43' EAST, 46.39 FEET TO A POINT; THENCE SOUTH 44 DEGREES 03'20. EAST, 136.41 FEET TO A POINT; THENCE SOUTH 8 DEGREES 18' 10' EAST, 165.80 FE.ET TO A POINT; THENCE NORTH 88 DEGREES 55'31' WEST, 182.65 FEET TO THE POINT OF BEGINNING. PARCEL IV,S A PORTION OF GOVERNMENT lOT 4 AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3} TOWNSHIP 3 NORTH, RANGE 1 WEST, BorSE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS; LEGAL CONTINUED PAGE 5 PACREL IV-S (CONT.) COMMENCING AT THE CORNER COMMON TO SECTIONS 4 I 9. 10 AND THE SAID SECTION 3 j THENCE NORTH 0 DEGREE 38' 11" EAST, 2651.19 FEET TO THE QUARTER GaRNER COMMON TO SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38' 27" EAST I 2697,49 fEET; THENCE NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8' IRON PIN; THENCE SOUTH aa DEGREES 55'31' EAST, 834.71 FEET TO A POINT; THENCE NORTH 1 DEGREE 04'29" EAST, 77.45 FEET TO THE REAL POINT OF BEGINNING; THENCE 199.31 FEET ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 270.00 FEET, A CENTRAL ANGLE OF 42 DEGREES 17'41" AND A LONG CHORD BEARING NORTH 65 DEGREES 12' 11" WEST, 194.81 FEET TO A POINT; THENCE NORTH 44 DEGREES 03"20" WEST, 1B8.06 FEET TO A POINT; THENCE NORTH 37 DEGREE 38"05" EASTl..125.90 FEET TO A POINT; THENCE NORTH 4 DEGREES 26'20. WESTj 178.94 FEET TO A POINT; THENCE NORTH 49 DEGREES 13'43" WEST, 619.16 FEET TO A POINT; THENCE NORTH 89 DEGREES 21'33" WEST, 39.72 FEET TO A POINT; THENCE NORTH 0 DEGREE 38'27" EAST, 178.61 FEET TO A POINT; THENCE SOUTH 89 DEGREES 21' 33' EAST I 104.94 FEET TO A PO INT; THENCE NORTH 26 DEGREES 46' 55" EAST. 463.73 FEET TO A POINT; THENCE NORTH j 3 DEGREES 05' 08 - EAST J 186.18 FEET TO A POINT; THENCE SOUTH 89 DEGREES 23'04" EAST, 221.37 FEET TO A POINT; THENCE SOUTH 0 DEGREE 36'56" WEST, 30,00 FEET TO A POINT; THENCE NORTH 89 DEGREES 23'04" WEST, 114.43 FEET TO A POINT; THENCE SOUTH 1Q DEGREES 38'11" WEST1 162.48 FEET TO A POINT; THENCE SOUTH 5 DEGREES 36'09" EAST, 160.95 FEET TO A POINT; THENCE SOUTH 48 DEGREES 58'55' WEST, 66.41 FEET TO A POINT; THENCE SOUTH 10 DEGREES 49' 04' WEST, 123,62 FEET TO A PO INT i THENCE SOUTH 12 DEGREES 00' 00" EAST, 85.00 FEET TO A POINT; THENCE SOUTH 53 DEGREES 26' 21" EAST, 142.60 FEET TO A PO rNT j THENCE SOUTH 6 DEGREES 51'51" WEST, 151.05 FEET TO A POINT; THENCE SOUTH 41 DEGREES 14' 14" EAST, 171.06 FEET TO A POINT; THENCE SOUTH 89 DEGREES 12'26' EAST, 122.33 FEET TO A POINT; THENCE SOUTH 43 DEGREES 03'05" EASTj 60.00 FEET TO A POINT; THENCE SOUTH 0 DEGREE 36'15" WEST, 671,50 FEET TO THE POINT OF BEGINNING. PARCEL IV.C A PORTION OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP :3 NORTH} RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTYJ WAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAro SECTION 3; THENCE NORTH 0 DEGREE 38'no EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SEcnONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146, RECORDS OF AOA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38' 27- EAST, 2697.49 FEET; THENCE NORTIl 0 DEGREE 38' 27. EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE SOUTH 88 DEGREES 55'31" EAT, 1784,61 FEET TO A POINT; THENCE NORTH 1 DEGREE 04' 29" EAST, 303.15 FEET TO THE REAL POINT OF BEGINNING; THENCE LEGAL CONTINUED PAGE 6 PARCEL IV.C (CONT.) NORTH 66 DEGREES 28' 40' WEST, 157.70 FEET TO A POINT; THENCE NORTH 56 DEGREES 56'39" WEST, 717.37 FEET TO A POINT; THENCE NORTIl 89 DEGREES 23 J 44' WEST, 36.12. FEET TO A PO TNT; THENCE NORTH 0 DEGREE 36'28' EAST, 5.00 FEET TO A POINT; THENCE 154.59 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 39 DEGREES 22'00" J AND A LONG CHORD BEARING NORTH 19 DEGREES 04'45" WEST, 151.57 FEET TO A POINT; THENCE NORTH 38 DEGREES 45'45" WEST, 39.00 FEET TO A POINT; THENCE NORTIi 51 DEGREES 14'15. EAST, 110.00 FEET TO A POINT; THENCE NORTH 26 DEGREES 11'31" WEST, 134,78 FEET TO A POINT j THENCE NORTIi 4 DEGREES 04' 20' WEST, 277,45 FEET TO A POINT; THENCE NORTH 31 DEGREES 46' 35" WEST, 241.56 FEET TO A POINT; THENCE NORTH 0 DEGREE 36'56n EAST, 132.59 FEET TO A POINT; THENCE NORTH 89 DEGREES 23'04" WEST, 110.00 FEET TO A POINT; THENCE NORTH 0 DEGREE 36'56" EAST, 30.00 FEET TO A POINTj THENCE SOUTH 69 DEGREES 23'04" EAST, 175.94 FEET TO A POINT; THENCE SOUTH 78 DEGREES 05'29' EAST, 71,13 FEET TO A POINT; THENCE SOUTH 63 DEGREES 13' 16" EAST, 65.34 FEET TO A PO tNT j THENCE SOUTH 5$ DEGREES 28'3;2. EAST, 79.07 FEET TO A POINT; THENCE SOUTH 53 DEGREES 15'09" EAST, 86.07 FEET TO A POINT; THENCE SOUTH 42 DEGR EES 31' 1 B" EAST, 70.53 FEET TO A PO INT; THENCE SOUTH 35 DEGREES 28'22* EAST, 77.08 FEET TO A POINTj THENCE SOUTH 5 DEGREES 49'OS" EAST, 249.89 FEET TO A POINT; THENCE SOUTH 8 OEGREES 16'07" EAST, 125.42 FEET TO A POINT; THENCE soum 13 DEGREES 56'20' EAST, 266.06 FEET TO A POINT; THENCE SOUTH 42 DEGREES 43'29' EAST, 283.07 FEET TO A POINT; THENCE NORTH 61 DEGREES 49 '13. EAST, 165.37 FEET TO A POINT; THENCE NORTH 11 DEGREES 00'42. WESTt 399.24 FEET TO A POINT; THENCE SOUTH 89 DEGREES 18'49. EAST; 398.40 FEET TO A POINT; THENCE SOUTH 79 DEGREES 02"5' EAST, 61,16 FEET TO A POINT; THENCE SOUTH 60 DEGREES 40'15' EAST, 164.39 FEET TO A POINT; THENCE SOUTH 85 DEGREES 10'18" 'EAST, 136.30 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30' 15" WEST 1 235.93 FEET TO A POINT j THENCE NORTH 89 DEGREES 29' 45" WEST, 80.00 FEET TO A POINT; THENCE SOUTH 78 DEGREES 33'49" WEST, 182.71 FEET TO A POINT; THENCE so un; 11 DEGREES 45'15" WEST; 185.77 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30'15" WEST, 154.10 FEET TO A POINT; THENCE 288.86 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 425.00 FEET, A CENTRAL ANGLE OF 38 DEGREES 56' 31 ", AND A LONG CHORD BEARING SOUTH 63 DEGREES 04' 11" WEST, 283.33 FEET TO THE POINT OF BEGINNING. PARCEL rv.o A PORTION OF THE SOIJTHEAST QUARTER OF THE NORTHWEST aUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIO IAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4 I 9, 10 AND THE SAID SECTION 3 ; THENCE PAGE 7 PARCEL IV.D (CONT.) NORTH 0 DEGREE 38" 1. EAST l 2651 .19 FEET TO THE QUMTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP &. F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE; NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38' 27" EAST, 2697.49 FEET; TI-lENCE NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/13' tRON PINj THENCE SOUTH 88 DEGREES 55'31" EAST, 1614.53 FEET TO THE REAL POINT OF BEGINNING; THENCE NORTH 10 DEGREES 33'50" EAST, 72.37 FEET TO A POtNTj THENCE 129.52 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 12 DEGREES 22' 07", AND A LONG CHORD BEARING SOUTH 56 DEGREES 49'29" EAST, 129.27 FEET TO A POINT; THENCE SOUTH 50 DEGREES 38'25" EAST, 4.33 FEET TO A POINT; THENCE NORTH Ba DEGREES 55'31' WEST, 124.84 FEET TO THE POINT OF BEGINNING. PARCEL IV-I! A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, .BOISE MERIDIAN. MERIDIAN. ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 91 10 AND THE SAID SECTION 3 j THENCE NORTH 0 DEGREE 38 '11 : EAST l 2651 - 19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO - 7852146 I RECORDS OF AOA COUNTY, IDAHO) j FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38' 27" EAST, 2697.49 FEET; THENCE NORTH 0 DEGREE 38 I 27. EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE SOUTH 88 DEGREES 55 '31" EAST, 1977.72 FEET TO A 5 {8" IRON P IN AND THE REAL POINT OF BEGINNING; THENCE NORTH 88 DEGREES 55' 31" WEST, 109.62 FEET TO A POINT; THENCE' 11. 06 FEET ALONG THE ARC OF A NON - TANGENT CURVE TO THE LEFT, I-lAVING A RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF 2 OEGREES 32'16" I AND A LONG CHORD BEARING NORTH 49 DEGREES 22'17" WEST, 11.06 FEET TO A POINT; THENCE NORTH 50 DEGREES 38'25" WEST, 94.32 FEET TO A POINTj THENCE 60.45 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 680.00 FEET, A CENTRAL ANGLE OF 5 DEGREES 05' 36", AND A LONG CHORD BEAR ING NORTH 53 DEGREES 11'13. WEST, 60.43 FEET TO A POINT; THENCE 30.13 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 86 DEGREES 18'50", AND A LONG CHORD BEARING NORTH 12 DEGREES 34'36" WESTt 27.36 FEET TO A POINT; THENCE NORTH 30 DEGREES 34'50" EASTJ 84.13 FEET TO A POINT; THENCE 269.77 FEET ALONG THE ARC OF A CURVE TO THE RIGHT. HAVING A RADIUS OF 375.00 FEET, A CENTRAL ANGLE OF 41 DEGREES 13'04", AND A LONG CHORD BEARING NORTH 51 OEGREES 11'21' EAST I 263.99 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30 '15" WEST l 369,89 FEET TO THE POINT OF BEGINNING. PARCEL V LOTS 1 AND 52 IN BLOCK 5, AND LOT 11 IN BLOCK 9 OF CHERRY LANE VILLAGE NO. 1 SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 44 Of PLATS AT PAGES 3537 THRU 3538 I RECORDS OF ADA COUNTY, IDAHO. LEGAL CONTINUED PAGE tl PARCEL VI LOTS 12 AND 21 IN BLOCK 9 AND LOT 4 IN BLOCK l' AND LOT 53 IN BLOCK 5 OF CHERRY LANE VILLAGE NO, 2 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECORDS OF AOA COUNTY, IDAHO. PARC;:l. VII LOT 83 IN BLOCK 5 AND LOT 14 I IN BLOCK 13 CHERRY LANE VILLAGE NO. 3 SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 58 OF PLATS AT PAGES 5473 THRU 5475, RECORDS OF ADA COUNTY, IDAHO. PARCEl. VIII LOT 28 IN BLOCK 11 AND LOT 39 IN BLOCK 13 CHERRY LANE VILLAGE NO. 4 SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 63 OF PLATS AT PAGES 6376 AND 63n, RECORDS OF ADA COUNTY I IDAHO. PARCEL IX LOT 9 IN BLOCK 1 OF RECORD OF SUAVEY NO. 802 OF ADJUSTED LOT LIN~S FOR LOTS 5J 9 AND lOt IN BLOCK 1 OF THE LAKE AT CHERRY LANE, ACCORDING TO THE PLAT THEREOF} FILED IN BOOK 52 OF PLATS AT PAGES 4569 AND 4570, RECORDS OF . ADA COUNTY} IDAHO. PARCEL X LOT 5 IN BLOCK 1 AND LOT 13 IN BLOCK 2, THE LAKE AT CHERRY LANE NO.2, ACCORDING TO THE PLAT THEREOF I FILED IN BOOK 54 OF PLATS AT PAGES 4882 AND 4883, RECORDS OF ADA COUNTY, IDAHO. PARceL XI LOT 24 IN BLOCK 2 OF THE LAKE AT CHERRY lANE NO. 3 SUBDIVISION ACCORO!NG TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 70 OF PLATS AT PAGES 7167 AND 7168 I RECORDS OF ADA COUNTY J IDAHO. PARCEL XII LOT 19 IN BLOCK 1 AND LOT 46 IN BLOCK 2 OF THE LAKE AT CHERRY LANE NO. 4 SUBOIVISION I ACCORDING TO THE OFFICIAL PLAT THEREOF I FILED IN BOOK 74 OF PLATS AT PAGE 7674 AND 7675, RECORDS OF ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 26, 2005 ITEM NO. 4 REQUEST Resolution - Assignment of Lease and Amended LeaseAgreement for the Golf Course AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS {t fZ,/ ?fP ft' ~ Contacted: EmaiJed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properiy of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN ASSIGNMENT OF LEASE AND AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE; AUTHORIZING THE EXECUTION OF AND APPROVING ANY RELATED DOCUMENTS, AGREEMENTS AND ACTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 26, 2005 the City Council of Meridian held a hearing regarding the Assignment of Lease and Amended Lease Agreement for the provisions of golf course operations at City of Meridian's municipal golf course. WHEREAS, the previous leaseholder of the City of Meridian's municipal golf course, Cherry Lane Recreation, has hereby sold and assigned all their right, title and interest in and to the Lease and the real property subject thereto, and certain personal property commonly known as Cherry Lane Golf Course to Lakeview Meridian Investors, LLC., and Boise Ranch Golf Course, Inc. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. The Assignment and Amended Lease Agreement for the provisions of golf course operations at City of Meridian's municipal golf course is hereto attached. Section 2. The City is hereby authorized to enter into the Assignment and Amended Lease Agreement for the provisions of golf course operations at City of Meridian's municipal golf course. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council ofthe City of Meridian, Idaho, this _ day of , 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of ,2005. Resolution for Assignment of Lease and Amended Lease Agreement for Golf Course Operations at City of Meridian's Municipal Golf Course - page 1 of2 APPROVED: MAYOR ATTEST: CITY CLERK Resolution for Assignment of Lease and Amended Lease Agreement for Golf Course Operations at City of Meridian's Municipal Golf Course - page 2 of2 ~;;dl{[n <'~\ ~~.. IDAH4 ~:\1~8~ MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/ fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6854 Police 1401 E. Watertower Lane 888-6678/ fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/ fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/ fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/ fax 884-1159 NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, April 26, 2005 at 6:30 P.M. The Meridian City Council will discuss the following items; - Public Hearing: Request for Transfer of Lease for the Golf Course - Resolution No. : Assignment of Lease and Amended Lease Agreement for the Golf Course The public is welcome to attend the meeting. DATED this 22nd day of April, 2005. ,1()J, (lmA n \ ~ - \Y~ ulu C1-;~ b WILLIAM G. BERG, JR. - C TV CE.ERK CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-FAX BB8-4218 IIU,\II\N RESOUBCES-FAX 884.8723 FINANCE & UTILITY BILLlNG-Ii\X 887-4813 ~t,\YOR'S OFFICE-I-i\X 884-8110 Revised 4-25-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 26, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ---X- Shaun Wardle ---X- Christine Donnell ~ Charlie Rountree ~ Keith Bird ---X- Mayor Tammy de Weerd 2. Pledge of Allegiance: By Police Chief Bill Musser 3. Community Invocation by Pastor Randy Rodes, Meridian Vineyard Church: Presented 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: Approve A. Approve minutes of April 5, 2005 City Council Regular Meeting: Approve B. Resolution No. 05-470 :CPA 04-003 Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed-Use Regional for Ten Mile Development. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: Approve C. Tabled from April 19, 2005: Findings of Fact and Conclusions of Law for Approval: RZ 04-017 Request for a Rezone of 61.63 acres from I-L & L-Q to C-G zone for Ten Mile Development. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: Approve D. Tabled from April 19, 2005: Findings of Fact and Conclusions of Law for Approval: CUP 04-051 Request for a Conditional Use Permit for a Conceptual Planned Development for commercial / retail uses for approximately 615,430 square feet of bufJding areas in a proposed C-G zone for Ten Mile Development. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: Approve Meridian City Council Agenda - Aprll 26,2005 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 4-25-05 E. Approve Beer, Wine and Liquor Licenses: Approve Bolo's - Beer & Wine Smoky Mountain Pizza & Pasta - Beer & Wine The New Frontier - Beer & Liquor Jacksons Food Store #99 - Beer & Wine Jacksons Food Store #98 - Beer & Wine Jacksons Food Store #97 - Beer & Wine Jacksons Food Store #56 - Beer & Wine Jacksons Food Store #35 - Beer & Wine Jacksons Food Store #11 - Beer & Wine Jacksons Food Store #1 - Beer & Wine Louie's Pizza & Italian - Beer & Liquor Johnny Carino's Italian - Beer & Liquor F. Approve Beer, Wine and Liquor Licenses Pending Completion of Application: Approve Sa Wad Dee Thai Restaurant Baja Taco Harry's Bar and Grill Maverick Country Store Meridian Speedway China Town's Quik Wok Ram Restaurant and Brew House St. Lukes' 127 Club Whitewater Saloon Top Shelf Eddy's Vina Restaurant G. License Aoreement with Namoa Meridian Irriaation District for Southern Sorinos Subdivision (Ten Mile Drain): Approve H. Resolution No. 05-471 VAC 05-001 Request to Vacate East Manderly Lane and a 30-foot wide agricultural easement, both being one and the same as shown on the plat of Larkwood Subdivision, at the north boundary line of Lot 13, Block 2 for Tustin Subdivision by SCS Investments, LLC - northwest corner of East McMillan Road and North Locust Grove Road: Approve Line Item Transfer for the Centrate Basin Construction: Approve J. Line Item Transfer for Well 20B: Approve Meridian City Council Agenda - April 26, 2005 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 4-25-05 K. Chanae Order No. 1 for the Centrate Basin Construction: Approve L. Aareement for Well 27 Test Well Oversiaht with Hydro Loaic: Approve M. Wastewater Treatment Plant Expansion Proiect Task Order No. ~: Approve N. Fifth Addendum to Exhibit 'C' to the City of Meridian I Meridian Rural Fire Protection District and Life Preservation Service Contract and Joint Exercise of Power Aareement: Approve O. Overland Road Waterline Reimbursement - Silverstone Business Campus: Approve P. Reimbursement Aareement - Silverstone Business Campus (Sundance Companv): Approve Q. Aareement for Wireless Area Network Services with SourceOne. Inc.: Approve 6. Department Reports: A. Mayor's Office 1. Arbor Day Proclamation: Read B. Parks and Recreation Department: 1. Namina of Park Located in Lochsa Falls bv Doua Strona: Approve Heroes Park 2. Discussion reaardina purchase of new recreation software by Catrina Thomas: Approve 3. Open Space Area beside Jabil Property: Approve Prepare Agreement C. Police Department - Bill Musser 1. Update on Police K-9 Training Facility and Request for waiver of all associated fees as the project moves towards application for CUP: Approve Meridian City Council Agenda - April 26, 2005 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 4-25-05 D. Attorney's Office 1. Update I Comments on Vicious Doa Ordinance: Updated 2. Update I Comments on Center Turn Lane Ordinance: Updated 3. Update I Comments on Repealina Bicvcle Reaistration: Updated 4. Update on Vendor I Solicitor License Ordinance Proposal: Update 5. Update on Cut-Through Traffic Ordinance Proposal: Updated 6. "Bring Your Child to Work Day" on Thursday, April 28, 2005: Discussed 7. Five Year Service Award to Tammy de Weerd: E. Public Works Department - Brad Watson 1. Discussion on The Courtyards at Ten Mile Off-Site Improvements: Approve Release with Letter of Credit and 60 days completion 7. (Items Moved from Consent Agenda) Nothing "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 8. Public Hearing: Review of the Louisiana-Pacific Corporation Business Expansion Project activities and accomplishments to date which shall include a summary of all expenditures to date, a general description of the remaining work, and any changes made to the scope of work, budget, schedule, location, objectives, and / or beneficiaries for the Idaho Community Development Block Grant: (To be continued May 3, 2005 for LPC Presentation): Continue Public Hearing to May 3, 2005 Meeting 9. Ordinance No. 05-1141 Licensed Alcohol Establishments and Prohibitina Two License Establishments within the Same Meridian City Council Agenda - April 26, 2005 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 4-25-05 Premise: (Third Reading - Public Comment will be Accepted): Approve 10. Set Date and Time for the 2005 I 2006 FY Budget Public Hearing: Approve August 30, 2005 at 6:00 p.m. 11. Executive Session per Idaho State Code 67-2345(1 )(f): Approve Meridian City Council Agenda - April 26, 2005 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 4-25-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 26, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle L Christine Donnell -r;- Charlie Rountree ~ Keith Bird - -X- Mayor Tammy de Weerd 2. Pledge of Allegiance: 6, /Jot/a ('h;e~ Zill ;na.rr.el- 3. Community Invocation by Pastor Randy Rodes, Meridian Vineyard Church: j?~ 4. Adoption of the Agenda: ~Ir<- a-s a ~p{... 5. Consent Agenda: ~~ A. Approve minutes of April 5, 2005 City Council Regular Meeting: ~vV- B. Resolution No. t15" - 1- 7 0 :CPA 04-003 Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed-Use Regional for Ten Mile Development. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: #ff"" "'~ C. Tabled from April 19, 2005: Findings of Fact and Conclusions of Law for Approval: RZ 04-017 Request for a Rezone of 61.63 acres from I-L & L-Q to C-G zone for Ten Mile DeveloDment. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: ~~ D. Tabled from April 19, 2005: Findings of Fact and Conclusions of Law for Approval: CUP 04-051 Request for a Conditional Use Permit for a Conceptual Planned Development for commercial / retail uses for approximately 615,430 square feet of building areas in a proposed C-G zone for Ten Mile Development. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: ~1'r1?V1J.-. Meridian City Council Agenda - Apnl 26,2005 Page l of 4 All matenals presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or heanngs please contact the City Clerk's Oftice at 888-4433 at least 48 hours prior to the public meeting. - /-seWtCL - la/?'-hv"}/-fe weev-d 7. t "'2~ P C/./ld.jP /../Uy!G-- ~-/,~da-~ b. fJn~ I~Wt It f) dt~w Revised 4-25-05 ,. (;,pf-1"" Me ~ r 3. Update I Comments on Repealino Bicycle Reoistration: 4. V~ i)~ E. Public Works Department - Brad Watson 1. Discussion on The Courtyards at Ten Mile Off-Site Improvements: a./'r~V'<-. ~"'/-<... "'~ {e~I?,c()1..M(r? .. . al>-eL bt!/ d4t}.r an-~ 7. (Items Moved from Consent Agenda) /'UJ /It/y,.:J 8. Public Hearing: Review of the louisiana-Pacific Corporation Business Expansion Project activities and accomplishments to date which shall include a summary of all expenditures to date, a general description of the remaining work, and any changes made to the scope of work, budget, schedule, location, objectives, and / or beneficiaries for the Idaho Community Development Block Grant: (To be continued May 3, 2005 for LPC Presentation) Ctnt.--/rh~ piA, -fp /]1(l? 3r;f./ ZPoS 9. Ordinance No. 05-1141 : Licensed Alcohol Establishments and Prohibitino Two License Establishments within the Same Premise: (Third Reading - Public Comment will be Accepted): ~",..e,. 1'. Executive Session per Idaho State Code 67-2345(1)(f): ap~ ~ to, SWhr0 J~ ~ {JwJ.rf,2.- IILw-.-';"'V ,c;". /1hd~ ~J".L- ~fl- '10 f 2Puf' @ 6:oopn- Meridian City Council Agenda - April 26,2005 Page 4 of 4 All materials presented at public meetings shall become property orthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at &&8-4433 at least 48 hours prior to the public meeting. Revised 4-25-05 E. Approve Beer, Wine and Liquor Licenses: ~rro<..- Bolo's - Beer & Wine Smoky Mountain Pizza & Pasta - Beer & Wine The New Frontier - Beer & Liquor Jacksons Food Store #99 - Beer & Wine Jacksons Food Store #98 - Beer & Wine Jacksons Food Store #97 - Beer & Wine Jacksons Food Store #56 - Beer & Wine Jacksons Food Store #35 - Beer & Wine Jacksons Food Store #11 - Beer & Wine Jacksons Food Store #1 - Beer & Wine Louie's Pizza & Italian - Beer & Liquor Johnny Carino's Italian - Beer & Liquor F. Approve Beer, Wine and Liquor Licenses Pending Completion of Application: ~vw- Sa Wad Dee Thai Restaurant Baja Taco Harry's Bar and Grill Maverick Country Store Meridian Speedway China Town's Quik Wok Ram Restaurant and Brew House Rvyal DYfld~ly t?ntfl- St. Lukes' 127 Club Whitewater Saloon '.^.'est ..,f PI.;lIy ~ Top Shelf Eddy's Vina Restaurant G. License Aareement with Nampa Meridian Irriaation District for Southern SDrinas Subdivision (Ten Mile Drain): ~V""*-- H. Resolution No. CJ ~ -1-7 ( : VAC 05-001 Request to Vacate East Manderly Lane and a 30-foot wide agricultural easement, both being one and the same as shown on the plat of Larkwood Subdivision, at the north boundary line of Lot 13, Block 2 for Tustin Subdivision by 8C8 Investments, LLC - northwest corner of East McMillan Road and North Locust Grove Road: ~J'ff"~ Line Item Transfer for the Centrate Basin Construction: 7~~ J. Line Item Transfer for Well 20B: t1J7~vv- Meridian City Council Agenda - April 26, 2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hemings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 4~25-05 K. Chanae Order No.1 for the Centrate Basin Construction: tvppNV'-<- L. Aareement for Well 27 Test Well Oversiaht with Hydro loaic: ~~ M. Wastewater Treatment Plant Expansion Proiect Task Order No. 6: ~prt'~ N. Fifth Addendum to Exhibit 'c' to the City of Meridian I Meridian Rural Fire Protection District and Life Preservation Service Contract and Joint Exercise of Power Aareement: ~V'<...-- O. Overland Road Waterline Reimbursement - Silverstone Business Camous: ~V'-I-- P. Reimbursement Aareement - Silverstone Business Camous (Sundance Comoanv): arr"- Q. Aareement for Wireless Area Network Services with SourceOne. Inc.: ~v--<....- 6. Department Reports: A. Mayor's Office 1. Arbor Day Proclamation: 1-(2 ~ pG. B. Parks and Recreation Department: 1. Namina of Park Located in Lochsa Falls bv Doua Strona: Jt;?prv'V"'<" flerlJe..f PlVl.lc..- C. 2. Discussion reaardina Durchase of new recreation software bv Catrina Thomas: g. t)pel1.- S-pa.u. If. t- J a-h/l "r j'h'VJ V'..t- p-rep~ It (f'.e.e,~ Police Department - Bill Musser 1. Update on Police K-9 Training Facility and Request for waiver of all associated fees as the project moves towards application for CUP. a,pprtP V'\.<- D. Attorney's Office 1. Update I Comments on Vicious Doa Ordinance: 2. Uodate I Comments on Center Turn Lane Ordinance: Meridian City Council Agenda - April 26,2005 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or heatings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. May 20, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT May 24, 2005 ITEM NO. 5-8 REQUEST Approve Minutes of April 26, 2005 City Council Special Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DE?T: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: .~ ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian Citv Council Special Meetina April 26. 2005 The Meridian City Council special meeting was called to order at 6:30 P.M. on Tuesday, April 26, 2005 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle and Christine Donnell. Members Absent: Charlie Rountree Staff Present: Ted Baird, Anna Canning, Tara Green and Will Berg. Item 1. Roll-call Attendance: Roll call. --L Shaun Wardle ---2L..Christine Donnell o Charlie Rountree X Keith Bird - ~ Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: I move that we adopt the agenda as published. Wardle: Second. De Weerd: The motion is to adopt the agenda of the special meeting. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Public Hearing: Request for Transfer of Lease for the Golf Course: De Weerd: We will open this public hearing with remarks first from our attorney. Baird: Thank you Madame Mayor, members of the Council. On this evening's agenda, we have pre-consideration, a draft document that we have been working on. It was published on the City's website last Friday afternoon, it's entitled an Assignment of Lease and Amended Lease Agreement. Now, since it has been published - since that time, I have received a phone call and an em ail from JoAnne Butler who is an attorney who represents Lake View Meridian Investors, LLC. Ms. Butler had a number of questions. She was only hired by Lake View Meridian City Pre-Council Meeling April 26,2005 Page 2 of 16 yesterday for reasons in order to avoid a conflict of interest. Her firm was representing Cherry Lane and until that transaction was completed, she couldn't start to represent Lake View, so that's the explanation for the lateness of her comments. She raised a number of comments that I will go through shortly and because those comments require us to get back together and continue to refine this document, we are going to be asking you to defer consideration of the resolution. It's on your agenda and gives us a date certain to come back for final approval of the amended lease. So, in place of that resolution at the end of this evening's hearing, we will be asking you to consider a motion to approve a contingent consent to the assignment of the lease. A draft is in front of you and what that contingent consent to the assignment of lease does is it allows the new operator to temporarily occupy the premises and gives us a certain number of days or weeks, whatever you determine to finalize the lease agreement and it makes your approval of the assignment contingent on them coming back with the final agreement. It also references the document that's been published for today's hearing and uses that as the base for moving forwards so that the terms of the deal have been set as set forth in that document, but it also gives us direction to address the concerns that were raised by the attorney and any concerns that may be raised tonight that you would give us direction to incorporate into that agreement. I will briefly mention the 12 items that were raised by JoAnne Butler and it can give you kind of a flavor that the items still need to be addressed. Item No.1, Ms. Butler indicates that she would prefer if we would attach a copy of the existing lease and incorporate it and indicate that (inaudible) of a conflict that the new amended lease would prevail. We don't see any problem with that, but we would need to receive direction to do that. Item No.2 the version that she got did not have a legal description of the golf course, in fact, we do have that legal description and it was published on the website with the draft. That's not a problem. Item No.3, she noted that Exhibit C anticipates a submittal of a Capital Improvement Plan from Lake View Meridian Investors and it's been my direction from you that you would like to see that before the final lease is approved. That Capital Improvement Plan has been discussed as being a six year plan, where Lake View would identify three holes per year and what they intend to do, so it's been the direction I have received from you that you want to see that before you approve the amended lease. Item No.4, we use various terms, golf premises, golf course, lease premises - we can pick one and stick with it or just put it in a paragraph that says they all mean the same thing because it's been our intention that the existing lease refers to the golf course as the leased premises, but there might be some points where we need to distinguish some of the improvements that they are doing verses the land and so we will let down to everybody's agreement - it was a good thing for her to point out that it's probably a good idea to get that and one of the reasons that we have been assigned to amend the lease is to take care of the ambiguities that exist in the current one, so we appreciate the time to get it right the first time on this one. Item No.5, it's unclear and this is a point that other people have raised as to when the ownership of the improvements would best in the city and they are requesting that ownership would remain with them so they could take advantage Meridian City Pre-Council Meeting April 26, 2005 Page 3 of 16 of depreciation and then we put in some terms that if there is a default or if at the end of the lease that the purpose that they have constructed are that they have purchased (inaudible) ownership so they could take tax advantage of the depreciation during the term of the lease and again we will seek input from you, but the city doesn't pay taxes, we don't get to take advantage of depreciation, so if we can reach mutual, agreeable terms where both of us know exactly how that's going to flow then that would be a good thing. Item No.6, they are indicating that the ten day notice to cure a default is a little strict, they would us to add a term saying that if they are beginning to cure a default that is incapable of being cured within ten days and they are diligently pursuing the cure that we would not step in and eject them and I think that's a reasonable thing as long as we can verify that they are addressing any notice of default that we've given them. Item No.7, there is a wide scope being wavered on paragraph 7f that they are asking us to modify and they are also asking us that they would not indemnify the city in connection with willful or negligent acts for our missions of the city. Those are both reasonable requests and things that we can continue to negotiate. Item No.8, it's unclear if there is fire or other destructions of the improvements, but the way it's currently written it's unclear as to what insurance would cover and if insurance didn't cover it all, who would pay for what. So, we want to get that hammered out. Those are details that we didn't think of in the first lease, so I think what JoAnne said is she would want to submit some language for your consideration on that one. Item No.8 - that was Item No.8. Item No. 9 she wanted us to set if the indemnification goes beyond the term of the agreement; they want to set an outside date after which their indemnity would end. Thereby giving certainty that they wouldn't have to continue to carry insurance beyond a certain date. So, they will propose a specific on that. Again, these are the things that JoAnne is doing her job representing them by asking for these things and so far there is nothing that I don't think we can't work out. Item No. 11 if there are items where the city's consent is required they want to include a term that the city will not unduly withhold condition or delay that consent. Again, that's a standard term that we can add that in if you don't find objection to that. Item No. 12, we have included items for liquidated damages in the event that they don't do what they are supposed to do in terms with maintenance and operations. The penalties as proposed were $250 per day for operations and $500 in connection with maintenance and JoAnne is just asking whether her client thinks that's reasonable. We haven't heard from them, but that might be a condition that we continue to address and the reason that we put in liquidated damages is if the city has to step in and take over these things, we don't want to have to fight about how much it is costing us down the road. We want to agree up front that if the city has to go in and mow the lawn and run the clubhouse that those were what we would think it would cost us to do that in order to keep that facility open for the public. So, those are the 12 items that were raised by their attorney. Bird: Item No.1 O? Meridian City Pre-Council Meeting April 26, 2005 Page 4 of 16 Baird: Oh, Item No. 10; they wanted time for the insurance agent to review the insurance provision. And I can - this is an email that Ms. Butler gave to me, I can certainly provide that to you if you would like to see that in writing. I tried - it was a page worth of small print that I tried to summarize here for you here on the record. So, with that, I think that concludes the comments that I have and I will stand for questions at this point. De Weerd: Council, do you have any questions? Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: Do you want to explain this contingent consent to assignment of lease to _ for the public? Baird: I can certainly do that and I have got a couple extra copies if anyone is interested. It's starts out by indicating that the existing lease with Cherry Lane Recreation is in effect and there has been a request to assign that lease to joint tenant operators that have currently been identified as Lake View Meridian Investors, LLC and the Boise Ranch Golf Course. The city has a term in the existing lease that allows us to give our consent to any assignment of the lease. We have been in negotiations with the proposed new tenant and again, that's the document before you tonight and we are moving towards asking you to give consent to that lease and the original plan, of course, was to have that all in one document. Given the concerns that have been raised tonight or today by the attorney for the new operator, we just don't think it's possible to make those _ Ms. Butler was not available today to sit down and hammer it out, so rather than putting this to a halt and kicking these people off the premises, what the consent does is it says you agree to assign the lease from the former operator to the new proposed operator for a temporary period, their occupancy will be only temporary and can be terminated if they don't deal diligently with us to complete the agreement, consistent with what's been published, but in addition to address the attorney's concerns or any public concerns. So, it makes the (inaudible) contingent and it also makes it revocable, but it also sets forth the - puts on the record of the standards that we have discussed. There is an exhibit that talks about the grounds maintenance standards and in essence it says that the city, if the agreement doesn't come back with those in it, that you are not going to approve the assignment. It's also saying that in order for them to meet those maintenance standards about keeping the grass green, keeping it weed free, keeping it cut - they are going to have to show you how they are going to achieve that through the Capital Improvement Plan, you are going to want to see that. Again, it's setting forth what you expect to see, but allowing them to move forward to continue to operate and basically just get started out there. Bird: Madame Mayor. Meridian City Pre-Council Meeting April 26, 2005 Page 5 of 16 De Weerd: Mr. Bird. Bird: What's a fair date in May, Ted, for you? Baird: JoAnne Butler said that one or two weeks would do it. Bird: The 1 ih, would that be okay? Baird: The 1 ih would work for the city and I think it would work for JoAnne Butler and we are getting nods from Lake View and Boise Ranch out there so the 17th might be a date you would want to consider. Bird: I just want to make sure we don't have to come back ten times to do this. Baird: Yeah, what we would like to do is, of course, the Thursday proceeding, whatever date you choose as the date we would like to have that in-house, so we could prepare it and have the Clerk publish the final agreement on the website by that Friday afternoon. Again, thereby giving the public the weekend and the first two days of the week to review that agreement and we don't anticipate having another public hearing on this. I want to make that clear, unless you feel the need and make the specific request. In fact, it's a little unusual to have a hearing on a lease, but you thought it was a good idea to get this out there and get the public's input, so it's been a good process, but again, any - the idea is to incorporate anything that's put on the record tonight and bring it back to you. De Weerd: Thank you, Ted. Any other questions? Would the representatives like to come forward and make comments? If you wlll please state your name and address for the record. Oas: My name is Eric Oas. My address is 517 Front Street, Boise, Idaho. Madame Mayor, City Council, I think we - first of all, we appreciate you allowing us to have an opportunity to speak this evening to you with regard to the update that Mr. Baird has presented. I think it is very safe to say that we don't see that there is - really that in the 12 items that our attorney has presented and based on discussions that we feel are ongoing, we don't feel that there isn't anything in here that can't be worked out. I think most of the items that you have heard from Mr. Baird involved cleaning up language, as you pointed out addressing things that probably should be spelled out pretty clearly. There are, if I could just hit a couple of the ones that I think that we would highlight - one is obviously the depreciation expense if at all possible, we would like to be able to utilize that especially in the event that - especially since the city can't benefit one way or another through the usage. We would prefer to retain ownership for that purpose. The 10 day cure period notice, we feel, is a little bit tight and in all the agreements that we typically negotiate for to be in default, it's a very tight time line, particularly in the event that the issue that is putting on default is going Meridian City Pre-Council Meeting April 26, 2005 Page 6 of 16 to require some work that takes more time. We would like the approach that Mr. Baird has presented, that if we are demonstrating some conscientious effort and moving forward then and exhibiting a good faith effort to get it resolved, then we would like to have some additional time there. The Item No.7, the broad language aspect of the claims issue we feel is probably a bit over reaching and I think part of it is that we are just trying to incorporate some issues that from another lease agreement that may not necessarily relate to this one. We have no problem, whatsoever having a reasonable reciprocal agreement with the city on claiming back and forth, but we would find it very difficult to relinquish any rights we may have in the future for any event that may come up. It just doesn't seem like it would work. I think beyond that, we would like to have an opportunity to, I guess, the last item, the liquidated damages issue, we would like to have some additional dialogue there to make sure that we come up with something that works both ways. I don't at this point - we would like to finalize our view of the document and make sure that there isn't anything else that our attorney didn't finish reviewing at 1 :24 this morning and work diligently to get this wrapped up for you on the 1 ili. De Weerd: Is that double time? Oas: We told her that we wanted it high priority. I guess she took us at our word. So, with that I would certainly be open for any questions. De Weerd: Council, any questions? Mr. Wardle. Wardle: Madame Mayor. Eric you have seen and been involved in negotiations with the new maintenance standards for the course? Oas: Yes, I have - Dick is going to come up and talk specifically about some of the items in the lease that we probably ought to get on the record as well. He is more familiar with the maintenance standards. I am familiar with them, but not nearly the level that he is. Wardle: Okay, that would be my only question is whether you have reviewed and agreed to those and are willing to go forward with those current maintenance standards. Oas: I am sure Dick would be more than happy to come up and address that. De Weerd: Any other questions? Bird: I have none Mayor. De Weerd: Okay, thank you. Oas: Thank you very much. Meridian City Pre-Council Meeting April 26, 2005 Page 7 of 16 Davis: Madame Mayor, members of the Council I am Dick Davis. My home is at 7048 Chateau Moss in Boise, Idaho. I have been living at 4200 West Talamar for the last week in Meridian, Idaho. Just a few items in here, for the record, that we would like brought up. I already asked Will about the passes and he is going to get me the information on the passes that the city has, I guess, given to people. I just want to know how many there are and what restrictions they are and how long they go on for. I will get a Capital expenditure budget put together for you folks. We are so confident that this is going to get signed, I am probably going to order $300,000 worth of equipment this week. That will be the first (inaudible). We would ask that you consider for the six years that we are doing all these major capital expenditures, that you consider waving the $6,000 a year lease payment for us. We are putting a lot of money into this thing and that's one thing that we would ask that you maybe consider. Also, we would like to negotiate a little bit of a maximum on the lease amount after 30 years and it could be tied to inflation to whatever, but I think that there ought to be some cap on there so that the lessees 30 years from now, you know, don't get hit with a $250,000 a year lease, which the way the contract reads could happen. I would also and I don't - this probably isn't part of the lease agreement, but I think we at some time need to visit the 11 o'clock closure of the clubhouse. We plan on having a lot of weddings out there and evening weddings can go till 12 or 1 o'clock. You know, I have no problem making sure everybody is inside, you know, abiding by the noise ordinances, but one of our revenue generating activities out there is going to be weddings and an 8 o'clock wedding can go till 12 o'clock very easily. I don't certainly condone people running around in golf carts in the middle of the night, we can get them inside the clubhouse, that's the way we did it at the other place, they had an 11 o'clock noise ordinance and it seemed to work fine, we just moved everybody inside at 11 o'clock and just fyi, you probably will get asked, I signed a PO today for about $3,500 to spray dandelions Monday, so the dandelions are going to start dying. Are there any questions? De Weerd: Are there any questions, Council? Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: Dick, on the payback, what if we just do it on like a $2,000 per hole. That way if one year, weather or something comes in, you could only get two and it would be $4,000. Is that --? Davis: That would certainly be agreeable with us. Bird: This is one Councilman that would be agreeable with that. De Weerd: That would be the city's good faith towards capital improvement. Meridian City Pre-Council Meeting April 26, 2005 Page 8 of 16 Bird: Good faith because they are stepping into something that neither one of us had anything to do with, nor the previous owners to speak of which it wasn't well designed. Davis: Just a bad situation. Bird: Let's just put it on the table like it is. Is wasn't probably well designed. Wardle: Madame Mayor. De Weerd: Mr. Wardle. Wardle: Just for clarification from Ted. Is that something that the Council will handle at budget time as far as our - if Councilman Bird's suggestion is something that we agree with, could it be handled year to year at the budget __? Baird: Madame Mayor, members of the Council, Councilman Wardle, yes I think you could do it that way. We would probably want to see the capital improvements plan drafted in such a way that it would identify the number of holes per year so that you could peg it to something and each year you could budget "x" numbers of dollars contingent on them fulfilling that promise for that year and if it gets done then the dollars would flow accordingly. That is certainly one way you could handle it. De Weerd: Thank you. Baird: Madame Mayor. De Weerd: Yes, Mr. Baird. Baird: I have a question that I haven't had an opportunity to ask, or actually ask in an email that I haven't heard, but of the existing agreement on the first page, Item 2b says the name of the golf course shall remain the same unless otherwise approved. I know that there has been some discussion of a new name, but I might recommend that if you've decided on the name that you incorporate that in the next draft so that when the draft is approved, the new name is also approved at that time. Davis: Oh, okay, Ted, that's a point well taken. Yeah, we have decided on Lake View Golf Club. And I might add, Shaun, you ask of Eric about the maintenance requirements there and that's certainly no problem with us. We are mowing greens right now seven days a week with the limited equipment we have got. We are not getting Fairways mowed twice a week and we hardly are getting the rough mowed at all with the equipment we have got, but tomorrow Jacobson is bringing into three new pieces of equipment for us to demo and we are going to Meridian City Pre-Council Meeling April 26, 2005 Page 9 of 16 demo them all right. And they assured me that the delivery time is within a week on new equipment or on most of it. It'll be here shortly. De Weerd: Thank you. Okay, this is an opportunity for the public to comment, is there anyone who would like to comment? Please state your name and address for the record. Marguiluex: My name is Gordon Marguiluex. I live at 2040 North Interlochen Way in Meridian, Idaho and you have a handout that I gave you, which were some of the things that - I have to apologize, I didn't get a chance to go through the agreement too much, partially because I think and I have to thank JoAnne Butler because if she hadn't sent her message in and she wasn't an attorney, I think you would have approved it today. First of all, we will go real fast and you can answer these afterwards. Exhibit A, assumption of agreement - De Weerd: Mr. Marguiluex, you do have three minutes and we have had time to review it. So, if you want to highlight. Marguiluex: I want to find out in the old agreement, if they defaulted it went back the option to take over the golf course, payoff the debt was given to the city alone. Now under this here, they are going to use part of the golf course as collateral for a second and if they default, do the citizens of Meridian have to pay back the Lovetts for the second. We don't know how much that is. It's not in the agreement. It's a blank spot there. Item No.2, JoAnne already mentioned this, legal description capital projects is not on the form. This was done so quickly that even - there's two errors - there are two section fours. One on operation and one on payment of lease and I would like to know which one Mr. Davis is _ because there is nothing for inflation in the current one. But, I do agree he is putting in a large investment, I think what we should do is cut him some slack, one dollar a year for the first six years and then 10 percent of the gross income after that. Let him put his money in there and invest it and I am willing to do that, plus make that 2 percent of that 10 percent go back to the golf course to reduce fees so we bring more people in. Section 4.2 restaurant and bar operating hours are not clear. They have a bar at the Boise Ranch Golf Course right now that can stay open until 2 o'clock and I don't want 2 o'clock because I am only about 300 yards from the golf course and I don't want to hear the thump, thump, thump of the music. So, I don't care about weddings. They can have weddings, they could do that and they could maintain it, but that it's it. Just to jump down to number six over here to general. This is vaguer than what we had before we were comparing it against golf courses. Now we have this thing called a (inaudible) level. All we have to do which is very subjective, there is nothing that says what the golf course criteria is, what level of US Golf Association that we have to meet and you can look at the rest of these here. Default, I should think that jf they are going to have a default of ten days. If they don't want to have a default of ten days, they should at least submit a plan of what they are going to do. They don't have to fix it; they have to submit a plan within that ten days. And Meridian City Pre-Council Meeting April 26, 2005 Page 10 of 16 just if I had one second. I was called a liar last week when I mentioned the trash at Boise Ranch. I was told that there is no trash. There is a picture of the trash, not by people tossing wrappers. This is what the golf course puts out there and it's been there for a while because it has a lot of wear to it. This is what the gas tanks - I was called a liar last week because I told them that it was ten feet from the irrigation ditch. He said it was 50 feet. No, it's ten feet. Go measure it yourself. This is what the gas tank is going to look like. You back into one of these things here and it falls over and for some of you, (inaudible----) this is what the storage for hazardous chemicals and sprays is going to be. They have it stacked on a pallet, that's going to be in this thing that is ten feet away from the irrigation ditch. Thank you very much. If you want to answer those questions I will be listening. De Weerd: Okay. Thank you, Gordon. Any further testimony? No. Okay. Thank you. Mr. Baird, do you want to answer some of that? Baird: Madame Mayor, I will do my best. I think most of these concerns can be addressed or had been addressed. Item No.1, we merely attached the document that the bank was requiring and just to make it clear the lessee is not able to pledge the golf course land itself. They referred to that in the assumption agreement as the land of the real property, but it is defined as being the lease holds interest. So, those are standard banking terms. I have been in contact with the banker and we are not asking you to agree to anything that any other business wouldn't be engaging in. I don't know the amount of the carry back note, they left it blank. If you think it's important, I will request that we get that number and have it inserted, I presumably left it out for confidentiality, so I'll seek your direction on that. Item No.2, legal description was indeed included on the website, it just wasn't immediately behind what was identified as exhibit b, it was at the very, very end of what is on the website. It's quite lengthy; in fact, it's like seven different parcels in about an eight page legal description. The plans for the expanse for the restaurant and bar we have asked them to share those with us when they have them and the city would have to approve them through the normal approval process. Item No.3, the clubhouse is subject to conditional use permit that's referenced in the agreement on page four it's CUP 99-009 and it states that the clubhouse operations other than maintenance shall conclude daily on or before the hour of 11 o'clock. If the new operator wants those changed they will have to come in and request an amendment of the CUP. With regard to maintenance going beyond 11 o'clock it would be no different than anybody else and again, I think we would have to look back on what people do in their own yards with their lawnmowers and noise ordinances. It's not specifically set out in the CUP, it's not limited through the hours of the clubhouse and I think that was probably giving the operator the benefit of the doubt that sometimes in dates when the sun goes down at eleven or you know ten o'clock or 10:30 and comes up early that they might need to be doing some mowing in the dark to keep the greens in good condition. Item NO.4 I just addressed Item NO.4. Item No.5, we will fix the section numbers that were miss numbered in just a formatting error in Meridian City Pre-Council Meeting April 26. 2005 Page 11 of16 word that they made some changes at the last minute and it through everything off, so we will get that fixed. Item No.6, the maintenance requirements, we think that by linking up those aesthetic requirements with the specifics that are listed in exhibit "d", that it gives you sufficient control. It also allows us to go back and reopen and renegotiate, if we don't think it's being met. So, if anybody, Mr. Marguiluex included has a specific about what they would like to see, send it forward if you think it's too vague. Talking with them, looking at what other courses uses their standards and we think that by linking both a USGA or any golf associations they have specific standards, they don't have a, b, c or d levels, they just have a level and then by linking that with very specific items that we list in the exhibit and we think that we covered. Item No.7, asking about whether a $1,000 liability is enough. The city's liability is limited by the tort claims act of $500,000 so actually the $1 million liability that we are asking for protects the city, twice the amount that would be required under statutes, so if they believe that a million dollars would not be enough, they can review that with their own insurance agent, but there is no reason for the city to require any more than $500,000 or sometimes what we do is we sayar as amended and if the legislature ever raises the tort limits claim acts limit beyond the $500,000 they would automatically be required to up their coverage, but it's kind of - well, I was about to say it's beyond the realm of possibility within the next thirty years that they would raise that beyond $500,000, but 30 years is a very long time. So, what I would propose that we do to address that rather than putting that at a million, insert a term that you probably seen before like I just said that states that if the legislature raises the cap, that they will buy insurance to fulfill that within an "x" number of days after the lobbying enacted and I think that that would protect the city. Item No.8, I am not sure what he is getting at about the default provisions. We have tried to link any requirement that we are asking of them, we tried to link that to "b" in event of default, so we will take a look at that and if indeed it is not sufficiently linked to make any failure on their part of default we will make sure that it is. So, I appreciate the additional review and there are a couple of things that we can certainly address there. De Weerd: Okay, any final comment? Donnell: Madame Mayor. De Weerd: Ms. Donnell. Donnell: Mr. Marguiluex, did I say that right? Did you provide the pictures to Mr. Davis as well as to us? De Weerd: Mr. Marguiluex will you come to the microphone? Marguiluex: No, I did not. I gave all my copies to the City Clerk. Meridian City Pre-Council Meeting April 26, 2005 Page 12 of 16 Donnell: I think it fair that he has a copy of the pictures that you have taken to Boise Ranch, so if you would give those to Mr. Davis, please. Thank you. De Weerd: Mr. Wardle? Okay, if there is no further comment. Howell: My name is Millard Howell. I live at James Place, 4525 West Neblic at James Place in Meridian and comments -- I have very little knowledge of what's taken place here, but comments made tonight I am wondering does the City Council get involved in signing any notes, securities for this transaction to take place or down the road when we get involved with law suits. I have heard what the previous lease was and what the charge was and I could not believe it. I just would hope that that doesn't take place again because there is money to be made out there and there are improvements to be made and the first improvement is the dandelions and I represent several homeowners that have had problems with dandelions and continue to have problems and we want them taken care of as quickly as possible. De Weerd: I guess I would ask our attorney to maybe respond, but this is not a new lease. They bought the lease that we are currently under. They purchased it from- Howell: They are just getting City Council approval then? De Weerd: Yes. We have to approve the transfer of the lease, but through that transfer we have asked them to incorporate specific standards because the former lease or the lease that they bought was very vague and we are trying to have clearer expectations, so everything is on the table, so the price that they pay annually does not change. They bought that lease for substantial money; in addition they will have substantial capital outlay to bring that golf course up to standards. Howell: Do we have a figure on that? Do we say what they are going to spend capital wise each year? De Weerd: Mr. Baird. Baird: Madame Mayor, members of the Council that's why we are asking for a capital improvements plan and six year plan and we are not asking for them to say what they are going to spend, but we are asking them to tell us what they intend to do and we have asked them to do that with a level of specificity so that it'll be guaranteed that what's going in there will be a quality product. Madame Mayor, if I could add on to what you said, we have just taken this opportunity to add additional items to the lease in the form of an amended lease to further protect the city, the public, the residents who live out there by adding some additional terms, so it is indeed - the existing lease, we are incorporating that, we are adding to it for the benefit of everybody and to address to your first question Meridian City Pre-Council Meeting April 26, 2005 Page 13 of 16 the city is not getting involved with any financing, we are not obligating, in fact, we are prohibited from lending the city's credit by the Idaho Constitution. The only thing that we are doing with relationship to the bank loan is listed on the first page of the document. All we are doing is consenting to the assumption of the existing obligations that we have already agreed to. We are allowing them or consenting with them to be assumed by the new operator. Again, a standard term on any transaction where a business is being bought or sold. Howell: We were at a meeting earlier tonight and comment made by one of the people at the meeting was that they had a son that was playing out there as through the school system and they have been paying $5 a piece to play, to learn how to play golf. Now, they are getting charged $13. Now, was there anything in the agreement that way? Was that the change or --? Baird: Madame Mayor. De Weerd: Yes, Mr. Baird. Baird: The original lease agreement did not include any terms on what could be charged. The idea was that we are giving this facility to a private operator, or not giving it but leasing it for a number of years and I think that same concept applies to the new operator - that they are taking a risk, a business risk and that for the city to impose it's terms on what should be charged - at the time that this lease was entered into it didn't seem appropriate and we haven't readdressed that at this point and I think one of the things is is that the city just doesn't have the staff, the time to monitor that. We have included in there the request they continue a youth golf program, we are just kind of hoping that the market will dictate how that works. We can certainly encourage scholarships, we can encourage other kinds of programs, the Parks and Recreation Department, but it has not been incorporated as a term of the lease. Howell: Okay. De Weerd: Okay, thank you. Did you have any comment, Mr. Davis? Davis: Yes, Madame Mayor, members of the Council to address the rates, I don't really know where that came from because the high school kids that are on the high school team play for nothing and they always will. They do come out and pick up balls for us in exchange for their golfing privileges, they get (inaudible) privileges, they get free range balls and they get free golf if they are on the high school program, so I really don't know where this came from. I think somebody maybe gave you some bad information. Howell: That could be (inaudible-------------------). Meridian City Pre-Council Meeting April 26, 2005 Page 14 of 16 Davis: I don't know where it came from because we don't have a $13 fee for one thing and the high school kids play for nothing. ( I n a ud i b Ie d i scu ss i 0 n--------------------------------- ) Donnell: Madame Mayor. De Weerd: Ms. Donnell. Donnell: Mr. Davis and Mr. Howell that is probably a high school increased fee for them to be part of that program. So that's just a guess that it's probably an increase in the high school fee. Davis: Oh, that could be at the school level. That could be. But, I know that the kids were out there tonight and that guy said there were 25 of them probably hitting golf balls. Here again, I have ordered 1,200 new range balls because we don't have enough. We ran out and the kids went and picked them up and brought them back and hit some more. They don't pay. The kids don't. De Weerd: Well, Mr. Davis we are thrilled that you will be spraying dandelions. The yellow is beautiful, but we know what it means. Davis: Monday is the day they are scheduled to spray, so, like I said- De Weerd: Okay, if there is no further discussion, I will close the public hearing and we don't need any action on this item. De Weerd: But I will go ahead and move to Item No.4, which is the resolution number and we will have to table that to May 1 ih? Baird: Madame Mayor, members of the Council if that is the date that you would like to see that, we can continue that item and insert that into the assignment document that is before you. De Weerd: And then put the new one in that place? Baird: Correct. Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: I move that we table the resolution until May 17,2005 and to allow them to get started legally, I would move that we approve the contingent consent to assignment of lease and for the Mayor to sign and the City Clerk to attest. Meridian City Pre-Council Meeling April 26, 2005 Page 15 of 16 Wardle: Second. De Weerd: Okay, the motion is to table the resolution to May 1 yth and to approve the contingent as presented before you. Is there any further discussion, Mr. Bird? Bird: Mayor in that motion on the consent it also - that expires the 1yth, so __ (Tape turned over) Bird: (inaudible -) resolution and it goes away. Wardle: Second. De Weerd: Is there any further discussion? Mr. Berg, will you please call roll. Roll Call Vote: Bird, aye; Wardle, aye; Donnell, aye; Rountree is absent. De Weerd: Thank you. Now, I am assuming the information you need from our City Clerk, was that requested when we had the public process a couple of weeks ago? Baird: It was requested tonight Madame Mayor. De Weerd: Oh, okay, so Mr. Berg will get in touch with you and let you know when he might have that. Mr. Berg do you have an idea of what kind of process that will take to pull together? (Inaudible discussion -----------). De Weerd: I will try and get mine in real quick. Thank you. I would go ahead and close the special meeting. Motion to adjourn? Bird: Madame Mayor, I move we adjourn the special meeting. Donnell: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. Meridian City Pre-Council Meeting April 26, 2005 Page 16 of 16 Item 4. Resolution No. : Assignment of Lease and Amended Lease Agreement for the Golf Course: MEETING ADJOURNED AT 7:21 P. M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: as / 24 / 03 DATE APPROVED J ATTESTED: '-' WILLIAM G. BERG, JR., May 20, 2005 MERIDIAN CITY COUNCIL MEETING May 24, 2005 APPLICANT ITEM NO. 5-C REQUEST Approve Minutes of April 26, 2005 City Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: ~ CITY PLANNING DIRECTOR: ~ 1 CITY ATTORNEY CITY POUCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Meridian Citv Council Meetino April 26. 2005. The regular meeting of the Meridian City Council was called to order at 7:30 P. M., Tuesday, April 26, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, and Christine DonnelL Members Absent: Charlie Rountree. Others Present: Bill Nary, Will Berg, Anna Canning, Brad Watson, Bill Musser, John Anderson, Tara Green, Catrina Thomas, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. ~ Shaun Wardle ~Christine Donnell Charlie Rountree X Keith Bird -----2L- Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and open the regular meeting for City Council and we will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item NO.2 is the pledge of allegiance. We will ask Chief Musser if he will lead us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Randy Rodes, Meridian Vineyard Church: De Weerd: Thank you. Tonight we have Pastor Randy Rodes with us. He is with Meridian Vineyards Church. He will lead us in our community invocation. Please take this moment to join us or an opportunity for a moment of silence. Rodes: Thank you, Mayor Tammy. It's good to see you all. And Council Members. Thank you so much for this opportunity. Let us pray. Father in Heaven, we thank you for such a tremendous place to live. Thank you for this city. Lord, I just pray for Mayor de Weerd and everyone that serves under our oversight in this city. I pray, oh, God, that you would be with each one of them. We ask for your continued protection over this city. And, Lord, in the recent days as we have heard the tremendous increase in the population figures of Meridian and all the growth that has taken place, it is so abundantly clear that the decisions that this Council makes, even this evening, will have the potential of affecting many people and so tonight would you just give them your Meridian City Council April 26, 2005 Page 2 of 32 wisdom and just give them the insight that they need to make the decisions that will be for the good of all the citizens of this great community. So, we give you this meeting, we commit it to you, and we ask all of this in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you so much for joining us. Item NO.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: First of all, Item B in the Consent Agenda, the resolution number is 05-470, and also -- which we will also repeat this when we do the Consent. On Item F, the approval of beer, wine, and liquor licenses pending completion of application, we need to scratch the Royal Dynasty and West of Philly. They are no longer in business. Item H resolution number is 05-471. And parks -- or under Department Reports, in parks we need to add an item three, the discussion of open space at JabiJ fields. And we would like to -- I'd like, if Council approves, to move Item 10 to No. 11 and make Item 10 the __ setting the date for the public budget hearing, which we need to do to get to the county. And with that I would move we approve the revised agenda. Wardle: Second. De Weerd: Okay. All those in favor of the amended agenda say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve minutes of April 5, 2005 City Council Regular Meeting: B. Resolution No. 05-470 :CPA 04-003 Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed-Use Regional for Ten Mile Develooment. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: C. Tabled from April 19, 2005: Findings of Fact and Conclusions of Law for Approval: RZ 04-017 Request for a Rezone of 61. 63 acres from I-L & L-O to C-G zone for Ten Mile Development. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: Meridian City Council April 26, 2005 Page 3 of 32 D. Tabled from April 19, 2005: Findings of Fact and Conclusions of Law for Approval: CUP 04-051 Request for a Conditional Use Permit for a Conceptual Planned Development for commercial / retail uses for approximately 615,430 square feet of building areas in a proposed C-G zone for Ten Mile Development. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: E. Approve Beer, Wine and Liquor Licenses: Bolo's - Beer & Wine Smoky Mountain Pizza & Pasta - Beer & Wine The New Frontier - Beer & Liquor Jacksons Food Store #99 - Beer & Wine Jacksons Food Store #98 - Beer & Wine Jacksons Food Store #97 - Beer & Wine Jacksons Food Store #56 - Beer & Wine Jacksons Food Store #35 - Beer & Wine Jacksons Food Store #11 - Beer & Wine Jacksons Food Store #1 - Beer & Wine Louie's Pizza & Italian - Beer & Liquor Johnny Carino's Italian - Beer & Liquor F. Approve Beer, Wine and Liquor Licenses Pending Completion of Application: Sa Wad Dee Thai Restaurant Baja Taco Harry's Bar and Grill Maverick Country Store Meridian Speedway China Town's Quik Wok Ram Restaurant and Brew House Royal Dynasty St. Lukes' 127 Club Whitewater Saloon West of Philly Top Shelf Eddy's Vina Restaurant G. License Aareement with Nampa Meridian Irriaation District for Southern Sprinas Subdivision (Ten Mile Drain): H. Resolution No. 05-471 VAC 05-001 Request to Vacate East Manderly Lane and a 30-foot wide agricultural easement, both being one and the same as shown on the plat of Meridian City Council April 26, 2005 Page 4 of 32 Larkwood Subdivision, at the north boundary line of Lot 13, Block 2 for Tustin Subdivision by SCS Investments, LLC - northwest corner of East McMillan Road and North Locust Grove Road: Line Item Transfer for the Centrate Basin Construction: J. Line Item Transfer for Well 20B: K. Chanae Order No. 1 for the Centrate Basin Construction: L. Aareement for Well 27 Test Well Oversiaht with Hvdro Loaic: M. Wastewater Treatment Plant Exoansion Proiect Task Order No. ,g: N. Fifth Addendum to Exhibit 'c' to the Citv of Meridian I Meridian Rural Fire Protection District and Life Preservation Service Contract and Joint Exercise of Power Aareement: O. Overland Road Waterline Reimbursement - Silverstone Business Campus: P. Reimbursement Acreement - Silverstone Business Campus (Sundance Companv): Q. Aareement for Wireless Area Network Services with SourceOne. Inc. : De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda, which includes resolution 05-470, Item B, and Item H, 05-471, resolution number, and on Item F, delete Royal Dynasty and West of Philly and for the Mayor to sign and the Clerk to attest on all proper papers. Wardle: Second. De Weerd: Okay. The motion is to approve the Consent Agenda as amended. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council April 26, 2005 Page 5 of 32 Item 6: Department Reports: A. Mayor's Office 1. Arbor Dav Proclamation: De Weerd: Okay. Item NO.6. I have our Arbor Day Proclamation and we will be having a ceremony on Friday. I hope you will all be able to join us and I will ask Mr. -- Bird: I thought it was Thursday, the 28th. De Weerd: Oh, is it Thursday? The Arbor Day presentation? Friday? Donnell: At Peregrine Elementary. De Weerd: We will ask Doug to reconfirm that under his department report. I will go ahead and read the proclamation. Whereas in 1872 Jay Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees and whereas this holiday called Arbor Day was first observed with the planting of more than a million trees in Nebraska and whereas Arbor Day is now observed throughout the nation and the world. And whereas trees can reduce the erosion of our precious top soil by wind and water, cut heat and cooling costs, moderate the temperature and clean the air, produce oxygen, and provide habitat for wildlife and whereas trees are a renewable resource, giving us paper, wood for our homes, fuel for our fires, and countless other wood products, whereas trees in our city increase property values, enhance the economic vitality of business areas and beautify our community. And whereas trees, wherever they are planted, are a source of joy and spiritual renewal. Now, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, Idaho, do hereby proclaim Friday, April 29th, 2005, as Arbor Day in the City of Meridian, Idaho, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands. Now, further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. Dated this 26th Day of April, 2005. So, we appreciate the efforts on behalf of our parks department in celebration of Arbor Day and also in their caring and nurturing of our city trees and our ordinances that also encourage the planting of trees, that it does add to the esthetic beauty of our community. So, thank you. B. Parks and Recreation Department: 1. Namino of Park Located in Lochsa Falls bv Douo Stronc: De Weerd: Item B is the parks and recreation department. Doug. Strong: Madam Mayor, Members of the Council, just to confirm Friday, 2:30, at Peregrine Elementary is the Arbor Celebration this year. You're all invited to attend and Meridian City Council April 26, 2005 Page 6 of 32 we will plant a tree, as we have in previous years as well. The item -- well, one of the items that I have before you tonight is the naming of the parks. As you may recall, there are a number of parks that haven't been officially named that we have in our inventory that we have been over time referring to -- related to whoever we bought the property from or the development that it's near by or such situations as that. So, the Commission has taken upon itself to -- in the months coming to name a park at every monthly meeting. To propose a name every monthly meeting. We are trying to stick to that. So, the proposal we had before you tonight is -- is a proposed name that's been through Commission discussion and recommendation that I bring forward to you tonight for the 30 acres part -- parcel that we have on North Ten Mile Road near the Lochsa Falls development. Rather than calling it Lochsa Falls, which has been a common reference, the proposed name is Hero's Park and there has been some discussion just -- of one of the Commission members proposed this name and it was discussed and it was proposed in a formal written letter per our parks naming policy and I just -- I wanted to give you a little bit of insight behind the name. The larger parks that we are going to name in the community, there has been some discussion about having them either represent some type of heritage that's typical of the community or, in this case, the discussion started out with something like Veteran's Park. You know, how can we commemorate the heroes in our community and since this particular park will be used by a large portion here by PAL, the discussion revolved around that -- that as you grow up or you mature you go through a developmental period in life, you have heroes that you look up to, whether it's a coach or an athletic director or your dad, because he coached your soccer team or something like that. So, it would lend itself to some of the other things that we could do in the park, like a hero's walk where you commemorate people that have made significant contribution to either the community or PAL soccer or whatever might be going on related to youth sports in the community, and it just seemed like a name that kind of fit the use of that park. So, that's the name that I bring forward tonight and for your consideration and, hopefully, a new name for the park. So, I will open it for discussion. De Weerd: Council, any comments or questions? I think that's an excellent reason we can have a Hero's Park and a Champion Park, so, you know, we can adequately recognize all of our Heroes in our community. Any other comments? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: And also it might have been your mother that was your coach. Strong: Could be. Not in my case, but it could be. Donnell: With that comment. -- is it appropriate for a motion at this time? De Weerd: Yes, please. Meridian City Council April 26, 2005 Page 7 of 32 Donnell: Madam Mayor and Councilmember's, I would like to make a motion that we approve naming of the park located in Lochsa Falls area Hero's Park. Wardle: Second. De Weerd: Okay. The motion is to approve the recommended name of Hero's Park. Is there any further discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And I probably am looking -- reading over the letter, so who is purchasing the bricks and the walls or whatever we are doing for the hero? Is there some people that are donating it to it or -- and where is the money going or are we getting excess money or is it like the optimist fields down there that -- where the hall of fame -- 13 or 14 that are in the hall of fame are put up with the pictures and stuff by the optimists? What is the -- to put something in there, how do you go about it? Strong: Madam Mayor and Councilman Bird, there has been no definite plan for that. It was proposed some months back as a fundraiser for PAL soccer, to raise money to complete the project there, to sell names for fields and, then, our naming policy there is some consideration for -- as you might recall, short-term naming based on a contribution of a certain dollar amount, and the bricks will be a similar kind of fund raising effort that the PAL folks would need to bring to us for consideration and bring to the Commission, then, for some kind of recommendations. Bird: Follow up. In other words, PAL will do the fundraising and keep the proceeds? Strong: Well, the proceeds, my understanding it will go back into the development of the park. Bird: Okay. Now, how much -- how much of the cost of this park is PAL putting towards it? And are they given exclusive use of it? Strong: Per our agreement they will have use of the park for about eight weeks of the year, four months in the spring -- or four weeks in the spring, four weeks in the fall, for their most active play time. Bird: Okay. De Weerd: Only four? Strong: A total of eight weeks throughout the year. Of course, they will use them for practice fields and that, but as far as exclusive use for tournament play -- Meridian City Council April 26, 2005 Page 8 of 32 De Weerd: It sure seems longer when your kids are in the program. Okay. Any further questions? Bird: I have none. De Weerd: Okay. The motion is to approve the name of this park. Mr. Berg, for the record, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. 2. Discussion reaardinc Durchase of new recreation software bv Catrina Thomas: De Weerd: Thank you. Okay. Item 2 is discussion of software. Thomas: Good Evening. I am -- Madam Mayor and Members of the Council, I am here today to talk about we -- during the budget process we have been looking over one of the things that we needed to get for the recreation department was new recreation software. The software that we currently have is -- the company that created it is no longer in business. They went out of business I think in 2001. So, we have no service for it. Luckily, we have somebody in IT that knows a little more about computers and he's been very helpful with it, but we are kind of on our last string and don't know if something else goes wrong with it what we will do. So, we were looking at different companies to try and find out who we could get our recreation software through and the company that we had it narrowed down to was a company called Active Network and the software is called Rec Net and we had gotten a quote from them in January and we were calling them again during the budget process just to make sure that the quote was still close to what the price would be and, actually, they had bought out their competitor and their price has gone up from 3,000 dollars to 10,000 dollars. So, we requested that they be able to honor their quote from January, if we were able to purchase this within the next, you know, few weeks. And they agreed to honor their quote and I have gone over the information with Terry from IT to make sure that this is the type of software that we can use and that it would be compatible with our program in the future of what the city is doing with it and he really -- he recommends the program. It's an online -- we don't have to purchase the actual software, what we are purchasing is training and we don't have to worry about upgrades, all the upgrades are kept on the computer, on the web -- on their server, so we don't have to worry about compatibility and the only fees that would be included with this new software are for a one and a half percent transaction fee and a two and a quarter percent Visa fee and those are fees that we would incur as a parks department for any transactions that we do. If the consumer does any of the purchases online, they would be charged six percent and we wouldn't be charged anything. So, I did a cost estimate based on what our revenue was for last year and what it would cost us this year if we were on that new software program and that's the handout that I just handed out this afternoon, the one sheet, and it's really only Meridian City Council April 26, 2005 Page 9 of 32 going to cost us 131 dollars, once we have the software, once we are using it, that's what our extra cost is. The reason for that is that since we are a small organization and we don't have as many Visa charges, we get charged four percent for any of our Visa transactions. Whereas they are a larger corporation, they are only charging one and a half percent. So, it ends up kind of balancing out. I think -- what else? So, basically, the fee for us right now is the 3,000 dollars for the training and we have money in our budget this year for fiscal year for 1 ,500 for our computer slash software purchases and we didn't have anything that we were in dire need of as much as we are of this and, then, the other 1,500, after speaking with Stacy, I'm going to be on maternity leave this summer, so we are going to have savings in our -- that must be where to get the funds, but there will be savings in our wages, line item, so we will have savings from that that we can transfer from that as well. So, what I would like to propose is that we transfer some funds for the 3,000 dollars, so that we can purchase the software and become up to date. If you have any questions? De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Catrina, explain what this new software does. What do we get? Thomas: What we get -- we, actually, get a lot for it. The -- sorry. I'm not used to the formalities. De Weerd: You don't have to. Bird: You don't have to. Just Keith is fine. Thomas: Thank you. Okay. Basically, the software that we are purchasing we will do the same thing that we have, where people register for activities online, like any of our recreation programs, they can do it online or we can do it online and, then, the other added benefit that we don't currently have is that we will be able to do our facility reservations online. Right now we do everything by hand for all of our shelters and with the increase of new parks and new shelters continuing, it's really becoming time consuming and so that would be an added benefit that we don't currently have and need. So, those are the software that we will get. Bird: Thank you very much, Catrina. De Weerd: Thank you. Mr. Wardle. Wardle: Madam Mayor. Catrina, is this a proprietary ASP software? Thomas: I don't know. Could you clarify? Meridian City Council April 26, 2005 Page 10 of 32 Wardle: Is this a web-based software? Thomas: Yes. Wardle: Who is going to administrate it from the city? Thomas: Who is administrating it? Wardle: Administrating it. Yes. Thomas: They are administrating it. They take care of everything. So, we just go online to do any of our -- like I would go online and input all the classes -- is that what you mean? Wardle: Yes. Thomas: I would go online and put in all of our classes and have control over what we can do, what's available for reservations and registration, but it would be open to the public to -- to check on it to make a reservation. Wardle: Right. But you're making the changes? Thomas: Yes. I would make them all. Wardle: Is there an additional site license fee after the first year or is this -- Thomas: No. The only fees would be -- like they have it set up originally that you have a minimum per month -- or per year, but with our registrations that we have, our transaction fees would cover all of that. Wardle: Okay. Thomas: And that was one of the reasons why Terry recommended it, because the other software that they have -- that the city of Boise has is over 30,000 and you do have an annual fee that you have to pay as well, plus you have to purchase the software and maintain it yourself, which we won't have to do any of that. Wardle: Thank you. De Weerd: Great. Thank you. Any further questions? Do I have a motion? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Meridian City Council April 26, 2005 Page 11 of 32 Donnell: I would like to make a motion to approve this expenditure for Rec Net to upgrade our recreation software. Bird: Second. De Weerd: Okay. The motion is to approve -- Mr. Berg, I'll let you call roll on this, too. It's a budgetary item, for the record. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Donnell: And, Catrina, we are just very grateful that you are going to go on maternity leave to save the city some money. We will have to make sure we hire only people that can go on maternity leave and save the city -- Thomas: Anything I can do to help. Thank you. Donnell: That's really -- yeah, we didn't even know. We couldn't tell. 3. Jabil Fields Discussion. De Weerd: Item 3 is discussion on the Jabil fields. Earlier this year I discussed with you the owner of this property, when we approved splitting that piece of property, and split off the soccer fields that are out there and the owner had asked if the city would be interested in utilizing those fields until there is a development that wants to go in there. Elroy had put together some costs. We have worked out the water issues, so there will be water to the fields, if Council would like to move in that direction. I believe that Elroy had -- I have forwarded that e-mail all to you a month or two ago. There is around 4,000 -- or 14,000 dollars to maintain that through the growing season. Mr. Strong, do you have anything to add? Strong: Madam Mayor, Members of the Council, I think our primary interest in maintaining this field certainly is so that it doesn't just go to seed and it becomes another useful field for soccer play or practice in the community. We certainly are looking for open green space anywhere that we can find it or at least the youth sports teams are in the community. So, it's not that large of a field, it wouldn't be very difficult to maintain and certainly seems like it would be an appropriate thing to do until something happens with the property. So, we are certainly willing to take that on and -- of course, we would need your approval to do so. De Weerd: And I guess, Mr. Strong, we had kind of talked about it might be an ideal location for one that's currently being used out at Settlers Park, the adult soccer league that's going on out there. Meridian City Council April 26, 2005 Page 12 of 32 Strong: Yes. We have a Sunday Hispanic soccer league that plays at Settlers Park every Sunday and they start early in the season. When Pal starts playing there, then, there is a little bit of competition for space. So, it would make some additional space available that would probably work very well for that league, since they, typically, only have no more than two games going, typically just one game going at a time, so -- De Weerd: And I guess, Council, I would -- if this is a direction you would like to us to move in, we should ask Doug to notify PAL, Low League or Cal Ripkin and Optimist football, because those will be ideal soccer -- or practice fields as well. It's good open space. There are soccer nets up -- or bars, but I think you could utilize that space very well. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Optimist has been notified. Anyway-- De Weerd: Consider yourself notified. Bird: We are notified. I think this is -- I think something on the maintenance of it as a cost of 14,000 I believe there was, I would really entertain having us check with a private lawn-mowing company and see what they would charge us to mow it. We could probably take care of -- but we are going to have to haul mowers around to do that little deal. I think it's -- Boise has certainly got a lot more acres to mow than we do and they do one heck of a lot of theirs with private contractors on their mowing. So, I think this would be a nice field to start that avenue and see how it works out. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I agree with Councilman Bird's suggestion and agree that this is certainly great open space and it would be nice for the City of Meridian to take down the private use signs, please call before utilizing, and would certainly do that and I think from a business standpoint the company, which is already maintaining that site, might have an interest in coming in with a low bid to see what we can do. So, I certainly agree that Meridian should -- should pick up that expenditure, but would like to see if we can get it low by going out to the private industry. Bird: Madam Mayor, could I add something else? And at that same point, this is privately owned. With our motion, when Christine makes it, we need to make sure that a copy of our insurance is on file with Mr. Van Auker, excluding him from liability or helping him with liability. You don't exclude him, but -- Meridian City Council April 26, 2005 Page 13 of 32 Donnell: Does he own that property? Bird: Yes. De Weerd: Okay. Mr. Berg. Berg: Madam Mayor, if I could ask a question. Do we have an agreement of some sort with Mr. Van Auker that I could send to the insurance, so we could get a certificate of insurance and -- De Weerd: This is to get approval to move forward with that. Berg: Okay. Thank you. De Weerd: Mrs. Donnell. Donnell: Madam Mayor -- are we ready? De Weerd: Yes, we are. Donnell: I'd like to make a motion that we approve the expenditure of funds to maintain the fields at Jabil, Incorporated, and to ask that our director, our parks director, explore what the savings -- possible savings might be if we were to use a private contractor to do the mowing there and whatever we are supposed to do with the insurance, I'm sure the city clerk will follow through with that. Bird: And that is to make an agreement with Mr. Van Auker. Donnell: Yes. Bird: Second that. De Weerd: So, that would ask the city attorney to draw up an agreement. Bird: For his approval. De Weerd: For Mr. Van Auker. I just wanted to say -- Bird: Can he do it while the summer is still on? De Weerd: Okay. Any further discussion? Bird: I have none. De Weerd: Okay. Mr. Berg. Meridian City Council April 26, 2005 Page 14 of 32 Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Police Department - Bill Musser 1. Update on Police K-9 Training Facility and Request for waiver of all associated fees as the project moves towards application for CUP. De Weerd: Thank you, Mr. Strong. Okay. Item 6-C, our Police Department. Chief Musser. Musser: Madam Mayor, Members of the Council, I'm before you this evening to provide an update on our community project that we have been working on with Hubble Homes, our K-9 training facility. We do have plans that have been completed at this point for most of the -- of the facility. We are completing the CUP application at this point as well and we have already met with our building inspector -- I'll get the name here, so I know it. I believe it's Bob Whitaker to make contact with him, along with Lieutenant Lavey, because part of our building designs are going to -- bid the sections for the specifics on plumbing and electrical and for the HV AC systems, aren't included at this time, because they are a planned design, which means that they will do it as we get to that point and take it in for the inspection review and approval before it actually gets placed into the building. But we have everything else in place at this point and they are asking when they can get ready to break ground, as soon as we get the CUP in and I told them -- I said, well, there is one little issue that we got to look at and what I'm here tonight for is to request from the Council approval by a motion to waive all fees associated with the CUP application process and the inspections. And, other than that, if you have questions, I'd stand for those at this point. De Weerd: Thank you, chief. Council, any discussion? Okay. Mr. Wardle. Wardle: Madam Mayor, I move that we approve the waiver of all fees associated with the police K-9 training center facility. Bird: Second. De Weerd: Okay. The motion is to approve the request from our police chief. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. D. Attorney's Office Meridian City Council April 26, 2005 Page 15 of 32 1. Update I Comments on Vicious Doa Ordinance; De Weerd: Thank you. Okay. Item 6-0, our attorney's office. Nary: I'm going to move over here tonight, CounciL I had a couple of items on here that are pending ordinances. I know Mr. Bird is really good at keeping track of how quickly we return these things and so there are three of them listed and there is, actually, a couple of other ones that are kind of out there pending that you will see and I just wanted to make sure these were fine before we brought them forward. The first one was the vicious dog ordinance. We talked about that a few months back. The last direction from the Council was to get the police -- the police department's input and we have received their input, I have incorporated their changes into the ordinance. When I'm going to actually bring it back and what you will see on it is I'm going to ask for a window of time from passage to implementation. There is going to be some time that's going to be necessary to provide some public education. I mean this is a significant change to people and most people aren't going to realize when their dog bites somebody now, they may have some serious consequences to that in requiring another license or going through a process to see whether or not they are going to have to have a license. So, some education is going to be necessary. Secondarily, somewhat logistically, there is going to be some time that's necessary to implement that. We have to actually order physical licenses, we have to actually create a process, so that way when this happens, how these get issued and how they get -- get given out to people or done. So, it will have a window of time. I have chatted with Mr. Berg about that and trying to figure out what the appropriate amount of time to have that implementation. I think we are looking at probably a gO-day window from passage to when it actually would take effect. But I wanted to give you a heads up about that. So, you should be seeing that within the next week or two in front of you for approval. If you want to have public comment on that, that's certainly your decision, if you think that's appropriate on this one, again, because it is a significantly different change from the way we have done business in the past. So, I'll leave that to your discretion. If you want me to take out the waiver clause that we generally included in that, just let me know and if you want to have public comment, we can certainly do it that way. De Weerd: Well, Mr. Nary, it certainly has been one that the citizens have been asking for or those who have had the misfortune of being a victim. So, we appreciate your efforts on this and certainly the close attention to detail. 2. Update I Comments on Center Turn Lane Ordinance Nary: Thank you, Madam Mayor. The next one, the update, the center turn lane ordinance, I'm one of the members of the Traffic Safety Commission that we have and last week at our meeting -- and this is probably the fastest turn around you probably could ever see -- last Tuesday at our meeting one of our traffic officers indicated that the traffic patrol would like to have a similar ordinance that the city of Boise has, which prohibits traveling in the center turn lane for more than 100 feet. It's existed in Boise for Meridian City Council April 26, 2005 Page 16 of 32 a few years and my initial comment to the officer was we already did this, we already passed this ordinance. We discussed it with my predecessor Mr. Nichols, we had the language drafted by our police attorney Ms. Tate. This is done. It got accomplished. It didn't get done. It's on the web page. It never got approved, it never got back -- put back in front of the Council. I took Mrs. McCandless' name off of it and mine and you will have it back in front of you next week, so that we can actually approve something we thought we did back in 2003. I think if you want, certainly, to ask the chief, I think this is -- there are -- there are potential crashes in that center lane all the time. This is a very easily enforceable ordinance. When I served as a prosecutor with the city of Boise we had a number of these, they are very easy to go forward on, and, again, they do help avoid collisions in the center turn lane. Donnell: And Madam Mayor? De Weerd: Yes. Donnell: The city of Boise has had that for quite some time, because I do remember getting a ticket many many years ago for traveling further than a hundred feet in the center lane. Nary: What actually happened is the state used to have a law that prohibited it as well. The state repealed it and left it to the local jurisdictions and that's when Boise implemented the ordinance. It's been at least three or four years in Boise that it was an ordinance versus a state code, but, anyway, it should have been done in 2003 and it will get done here in the next week or two and back in front of you. 3. Update I Comments on ReDealina Bicvcle Reaistration: Nary: Item 2, repealing bicycle registration. One of the members of the Traffic Safety Commission is also an employee of the Ada County Highway District and called me a few weeks ago and said that it is a misdemeanor in the City of Meridian not to register your bicycle or to notify the police department when you sell it or transfer it. And he was perfectly happy just to register his son's bicycle, except we don't have any mechanism, nor a license to actually issue that. This ordinance was written back in the '60s. I'm not sure when we stopped doing it, but I'm sure we stopped doing it awhile back. I did speak with the police chief about it and they are looking at a program to have a voluntary registration, because it certainly is a valuable tool to the department if a bicycle gets stolen and recovered r we have a means in which to get it back to the owners. But having it be a -- having it be a misdemeanor seems a little onerous for bicycle registration. When I looked at the ordinance, the only provision left, if you took out all the registration parts of the ordinance, the only provision left was you can't ride your bicycle on the sidewalk. The state law already has a number of bicycle -- bicycle regulations as to where you can ride it and when you can ride it and all the other requirements, so it's really redundant for the city to have that. So, repealing the entire ordinance makes the most sense. So, that will be in front of you in a couple of weeks, if you have any questions about that. Vender/solicitors. You probably recall we had a Meridian City Council April 26, 2005 Page 17 of 32 discussion a couple of months ago regarding the hot dog vender down by the Rite-Aid store. One of the directions for the Council was to create a vendor/solicitor temporary merchant's license, so that there is more specificity of location, some way for the city to regulate that activity and have some awareness of where that activity is occurring and have some way to fashion where they go, what they look like, those kinds of things. I have put a draft ordinance together I borrowed from some local jurisdictions that seem fit our needs. I did forward that on to the planning department, the police department, and the clerk's department for comments and I'm waiting for that to come back and you should see that within a couple of weeks as well. That may need also a little bit of implementation time period as well to get for some education and for some physical licenses actually ordered and those kinds of things. But you should get that within a couple of weeks. The Traffic Safety Commission also requested a cut-through ordinance. In the city of Boise they passed an ordinance a couple of years ago that prohibited people from basically cutting across a parking lot to try, essentially, to avoid the corner, avoid the light, speeding through the parking lot. Jim Fisher, one of the members of the Traffic Safety Commission, while doing security at Meridian Middle School, said that it's becoming a recurring problem through their lot where people are, essentially, getting off of 8th Street -- or, excuse me, off of Cherry Lane and cutting through it at high speed, 25, 30 miles an hour, cutting through that parking lot in the morning, and trying to get back out on 8th Street quicker and so I have looked at the draft and the ordinance that Boise passed. There is a couple of language things that I want to make sure that we don't have any -- any gaps with, I don't want us -- certainly I don't know it's the intent of the city to enforce that on people who drive into a lot that has a drive-thru or has a bank drive-thru or a food drive-thru and they decide not to go there, so they continue through the lot and don't stop. We need to fashion it to make sure we don't deal with that or people who get confused -- we have a lot of drivers sometimes that just are confused where to go or how they should exit the lot. We don't want that to be a violation. But we certainly do want to stop people that are just cutting through and there is another area at Franklin and Ten Mile, the same thing, that people are cutting through the corner lot on there to, again, avoid the corners and avoid the stop. So, you will be seeing something like that in a couple of weeks. Certainly, I'll send those to the police department before you get that. The last two things I have aren't on the agenda, they are just a very quick HR note. I just want to make you aware, in case you haven't, I think I have mentioned to you before, this Thursday is our first Bring Your Child To Work Day. We have a lot of different employees that have expressed a tremendous amount of interest in that and I think it's going to be a lot of fun. The police have helped us in putting a program together. I think it will be a lot of fun for the kids. It's going to be a half-day program. Mr. Bird has helped us put some stuff together for that as well and it's going to be I think a lot of fun. Again, a lot of -- the intent of the program is to make sure that -- or not to make sure, but to get kids connected more with their parents and understand what their parents do at work, get a better understanding of what happens here and I think that's really good. The last thing I have is I have the privilege, I guess, as the Human Resource Director; we have a certificate of appreciation, in grateful appreciation for your service to the City of Meridian. Our success is measured by the value of those who chose to remain and grow with the city for five years of service for Mayor de Weerd. Meridian City Council April 26, 2005 Page 18 of 32 E. Public Works Department - Brad Watson 1. Discussion on The Courtyards at Ten Mile Off-Site Improvements: De Weerd: Thank you. Well, it sounds like you're busy. Item E is our Public Works Director Brad Watson. Wardle: Madam Mayor, I'm actually going to just kick this off real quick. I have asked Brad to bring this forward as a department report. I received a call from the folks that we saw here last week about a clarification for The Courtyards and through some staff direction asked Brad to give this as a report and ask for direction from the Council. De Weerd: Okay. Watson: Thank you, Madam Mayor, Councilmember Wardle. It's my understanding from speaking with Brad Hawkins-Clark this afternoon, that -- and he had been in conversation with Doug Campbell this morning, and I think Tom Bevan as well, the -- just a real quick rundown. It sounds like ACHD is completely on board with the improvements they are planning at that intersection. There is an issue with a Qwest junction box on the southeast corner that is going to take some time to resolve and get relocated. It's my understanding that they can get this improvement made in 45 days. I'm not sure if that was a requirement that came -- that Brad imposed or if that was an offer that they could meet -- a time that they could meet. I think what the -- what the issue is is that they would like to be able to get four certificates of occupancy on buildings that are going up right right now or practically finished, with a letter of credit posted for those improvements. This is a somewhat unique situation for the -- well, building, engineering, and the Planning and Zoning Departments, because we won't issue a certificate of occupancy unless all city requirements are done. Usually that entails water, sewer, pressure irrigation, landscaping, fencing, those sorts of things, and we don't have an off-site roadway improvement, so that's what makes this a little bit unique to us. As far as actually issuing the COs, it doesn't affect the building or engineering department to any degree and probably even the Planning and Zoning. This is the off-site improvement that -- which is normally beyond the bounds of our inspection or authority. So, I guess we are just looking for some direction from Council on whether or not the proposal is acceptable and I'm sure Mr. Bevan would be available to clarify anything I have managed to mess up during that. De Weerd: Okay. Thank you, Brad. Mr. Bevan. If you will, please, state your name and address. Bevan: Tom Bevan, 4202 North Marcliffe, Boise. 83704. De Weerd: Thank you. Meridian City Council April 26, 2005 Page 19 of 32 Bevan: Thank you. De Weerd: Do you have anything to add to that? Bevan: Well, actually, no. I just basically came to listen tonight. Whatever you want me to do, that's what we will do. I didn't -- you know, we have talked about this a number of times, but we just want to do what you want to do. If you want to put the road in, we will put the road in, the lanes and just -- what happened, basically, is after that meeting last time -- what was that, Tuesday? We went to -- you know, sat down and talked about it and we talked about different things that we could do and I said, well, let's just put it in. If that's what they want, let's put it in. So, I took my project manager, woke him up at 7:30 every morning, at his house at 8:00 o'clock, and we just started making the rounds, what do we got to do to get this done, and we got great cooperation from the city, we got great cooperation from the county, and we got -- the ACHD said they would do it, they would do it on a fast track, which they did. We appreciated that. Went to Jerry over at Concrete Paving -- I mean Asphalt Paving and he could get right out next Tuesday. That was great. Went to the -- and we got to this phone box that's around the corner. The phone box on the corner, we went to Qwest and that's where we hit our snag, four to six weeks. So, I said, well, you know, let's do what we have to do, if we can go in and talk to someone, maybe they can give us some type of a variance. The problem I have is the people that built the buildings, they -- they had a problem, but they were granted a variance and so they could get occupancy and so we are holding them up. So, they wrote me a letter and said we are going to charge you a hundred dollars a day between now, because we can get an occupancy -- until I can get them an occupancy. So, I thought, well, okay, I got to pay a hundred dollars a day. So, what I would like to do is just see jf I can get four occupancies and solve that problem and, then, we will get the thing done. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Now, Tom, is this going to be a permanent lane deal? I thought we had discussed last week and Council -- Christine and Shaun remind me if I'm wrong, but I thought there is no sense of -- we kind of discussed that there is -- you know, there would be no sense in going out there and putting in some temporary turn lanes when next year I believe was on the scope -- Donnell: '07. Bird: '07. That's right. '07. Is on the scope to have the complete intersection done right and this is -- I just felt that we were throwing money on top of money, you know, that we don't need to be doing and I thought that was in agreement with -- with Public Works with Brad Hawkins-Clark and I thought we had basically took care of it. I didn't know. Maybe I was off base or something. Meridian City Council April 26, 2005 Page 20 of 32 De Weerd: Mr. Bird, what would be necessary is to amend the development agreement. Bird: That's what we did. De Weerd: And they would have to come back with an application, we would have to have a Public Hearing on it and invite the neighbors to come in for their comment. It sounds to me like the developers have discussed that and found probably the quickest way of moving forward is to put some turn lanes in, because you still don't know what the outcome would be after the Public Hearing and gaining testimony from those who are looking for those lanes to go in. Bird: I agree, but there is an obstacle there that is not going to allow them to put it in. De Weerd: Mr. Nary, is there an opportunity to allow that temporarily in light of the stipulation in the development agreement? Nary: Well, Madam Mayor, I guess there really isn't -- there really isn't a temporary way to allow that. I mean I think you have to have some assurance it's going to get accomplished. I understand Mr. Bevan's concern, that another four to six weeks and the cost of that and we are certainly eating up the cost on what we are -- essentially, the benefit we are getting. I guess the original discussion we had had is if there is some other way to provide that level of assurance and I think that's something the Council certainly can consider is is there some way that Mr. -- we use bonds a lot, but this one is kind of hard to bond for necessarily, but something to make some specific assurance that it's going to get accomplished. That's the only real leverage we have is giving that certificate of occupancy to make sure it gets done. So, I guess I would -- I don't have a better suggestion than something that the Councilor maybe Mrs. Canning or Mr. Watson have some way to get that level of assurance that it's going to get completed. I recognize there is this temporary setback and we don't necessarily want to wait another six weeks, but-- De Weerd: Mr. Wardle. Wardle: Madam Mayor, just to address staff's concerns, this is, essentially, a staff level review, which was brought forward to us last week, because of some discrepancies within the development agreement and so if we are inclined to do this -- and this is, again, something that I asked Brad to bring forward, so we could discuss, my preference would be to have the staff be able to do that. They are asking for four occupancies currently. My personal opinion is the city needs some assurance that this will be done in a timely manner. The developer, as well as the county, as well as all the parties involved have said 45 days. We can take that to the public and let them know that in 45 days something will be done or, again, a letter of credit will be I assume forfeited, but those are kind of legalities and that's kind of where we are at. Meridian City Council April 26, 2005 Page 21 of 32 Bevan: Well, I would be glad to put up a letter of credit to make sure they are done and I appreciate that, if you would let me have these four occupancies and guarantee I'll never be back asking for something like this again, I can guarantee you that. De Weerd: Now, that's a guarantee. Bird: And then don't -- Nary: That's why we type all of these things out, so -- Madam Mayor, I think -- at least with that level of specificity of the number and the time period, at least allows the Mayor and the Council to be able to revisit the issue in that time period again, if it's not going to get accomplished or what and I guess the only reason I have a concern is if you have other adjoining properties that have similar issues of access, right across the road to the north and right across the road to the west and they are going to have the same issues of access points and turn lanes and all of that, so we want to make sure this gets done or we are going to not be waiving it for one, we would be waiving it for everyone. Bevan: Can I just make one -- Qwest is the longest lead item we have and they have told me four to six weeks. That's 45 days. So, if Qwest -- you know, we are at their mercy. Everybody else has said they'd get right on it and so we filed the application to move it already today with Qwest and so I'm hoping that it's, you know, four to six weeks, when they said 45 days, I think we meant that that's the Qwest deadline, not -_ we are going to do this as immediately as we can. As soon as that thing is moved, we are going to do it. We have got the contractor lined up, we have the ACHD on line and we are going to do this very quickly, but that box is the stopping point. Bird: That's right. De Weerd: So, you won't come back for additional occupancy until that's done? Bevan: Right. De Weerd: Okay. Bird: But what he's saying, Madam Mayor, is he needs more than 45 days and I agree with him, because there is a lot of -- De Weerd: And that's true, but he won't come for more occupancies until it is done. Bird: That's -- we can stop that. Bevan: Yes. Wardle: Madam Mayor? De Weerd: Yes. Meridian City Council April 26, 2005 Page 22 of 32 Wardle: I guess my question would be how much time would be reasonable? Is 60 days reasonable? Bevan: Yes, sir. Wardle: Okay. My preference would be, then, to place first a letter of credit and to have that as a provision that the letter of credit be forfeited if it's not completed within 60 days. Bevan: Very good. Wardle: As long as you're comfortable with that. Bevan: Yes. Comfortable. Thank you very much. Wardle: Thank you. De Weerd: All right. I guess I would offer, if you want to give me a copy of that, we could certainly call Qwest as well from our office and see if there is any way we can get that moved forward. Bevan: We would sure appreciate that very much. Thank you very much. De Weerd: Okay. Anything further from Council? Okay. Are we clear the direction we are going in releasing the four occupancies and -- and limiting them, Council, on any further occupancy permits until that improvement is made? Wardle: Madam Mayor, just a clarification. Brad, Anna, is that enough direction or would you like a motion? Canning: Madam Mayor, Members of the Council, I just want to clarify one thing. These are multi-unit buildings, so are we talking four structures or four units? Bevan: Four structures. Canning: Okay. Bird: You're talking about 16 units? Bevan: Four buildings. Bird: You're talking about four buildings. That's what I thought. So, we are talking about 16 occupancy-- Bevan: Out of 14 buildings we are asking for four. Meridian City Council April 26. 2005 Page 23 of 32 Bird: Well, you're talking about 16 COso Bevan: Yes. Bird: Because they are separate individual deals. Bevan: Yes, sir. Bird: There was -- there was some misconception that you were just talking about one building, four units, by some people. Bevan: Oh. Well, I'm sorry that that-- Bird: And I knew that it was four units. You're talking about 16. Donnell: I think I understood that it was four four-plexes. Bevan: Four four-plexes. Yes, ma'am. Donnell: Yeah. What did you think? De Weerd: Well, that's up to you, CounciL Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move that we direct staff to release occupancy on four multi-family units within the Ten Mile -- The Courtyards at Ten Mile development and to provide from the developer a letter of credit and 60 days to complete the off-site improvements required by the development agreement. Donnell: Second. Bird: Discussion. De Weerd: Yes, Mr. Bird. Bird: I can't vote for this thing the way it was stated, because what if they have got a -- what if they got a unit out there that's got six occupancies -- or six units? Let's state it 16 COso Wardle: I believe the motion was just four multi-family units. Meridian City Council April 26. 2005 Page 24 of 32 Bird: Yeah. And that multi-family could be -- one unit could have six, one unit could have eight, one unit could have four. I realize these are all fours out there, but I would -- before I vote for it, I want an exact number, like 16. Wardle: Are they -- Bevan: They have four units. Sixteen would be -- Wardle: The maker of the motion would revise his motion to be 16 -- release the certificate of occupancies for 16 dwelling units. Donnell: And the second agrees. Bird: Okay. Bevan: Thank you. De Weerd: Okay. Any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: If you will, please, get that to my office tomorrow, so we can get this going as soon as possible. Bevan: I certainly will. Thank you very much. Thank you all. Donnell: Thanks. Item 7: (Items Moved from Consent Agenda) De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Public Hearing: Review of the Louisiana-Pacific Corporation Business Expansion Project activities and accomplishments to date which shall include a summary of all expenditures to date, a general description of the remaining work, and any changes made to the scope of work, budget, schedule, location, objectives, and / or beneficiaries for the Idaho Community Development Slack Grant: (To be continued May 3, 2005 for LPC Presentation) De Weerd: We will move to Item 8. Public Hearing -- do I understand, Mr. Nary, that this is being postponed until next week? No? Okay. Meridian City Council April 26, 2005 Page 25 of 32 Berg: Madam Mayor, if I could -- before you open the hearing, because Louisiana Pacific was unable to come and present or give you an update on their project, they would like it continued until next week, so that they can do their portion, but we advertised it and we have a gentleman from Sage that will be here to present the update on the expenditures to date. De Weerd: Okay. Great. Thank you for that clarification. I remember seeing something come through. Okay. I will go ahead and open the Public Hearing, Item No. 8, review of Louisiana Pacific Corporation Expansion Project. Augustine: Good evening, Madam Mayor, Members of the Council. My name is Carl Augustine. I'm a planning specialist for Community Economic Development with Sage Community Resources. As you are aware, the issue you have before you is a Public Hearing and these Public Hearing formats always start out with an orientation to address the issues required by the HUD regulations concerning the Idaho Community Development Block Grant funding. So, bear with me as I provide you and the other members present with this information. Once I conclude, I will, then, turn the floor back to the Mayor and Council, who will, then, open up the Public Hearing for comment. Nary: Madam Mayor. Sorry to interrupt before you begin. My office and myself received a number of requests from people that were interested in this issue, but they also saw on the -- including Louisiana Pacific, but also members of the community, probably not to really talk about the grant regarding Louisiana Pacific specifically, but because they saw on the agenda that it was going to be continued, I don't know that's why people aren't here and I hate for Mr. Augustine to go through this -- this part of the presentation and, then, more people show up next week and have to go through it again, so they understand context of what we are talking about. Augustine: That's all right. I will be present next week and I will provide this information again next week, since it's being continued over two Council meetings. Nary: Okay. I just didn't want to make it redundant for no reason, but just seeing -- I don't know if people will come, but I certainly had a lot of e-mailsandcalls.so -- De Weerd: Okay. Mr. Augustine, do you want to just go ahead and wait until next week to do the presentation or are we meeting some kind of a time frame? Augustine: Well, it's more one of those procedural kinds of things that you have to do. You do have to do a Public Hearing and I guess if there is no one else here present, then, maybe it makes -- by the way, this is my coworker here. De Weerd: Okay. He's not going to provide -- Augustine: He's doing some observation for training purposes this evening and so it's really at our pleasure. Meridian City Council April 26, 2005 Page 26 of 32 De Weerd: Council, what is your pleasure? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If it isn't a requirement, I'd just as soon -- I have to agree with Mr. Nary that I would prefer to have him present this next week and us to continue this Public Hearing, which you have already opened, I believe, until May 3rd, so that if there is anybody that wants to be here can be here. Right now what he's going to be giving is just to us and I think that I would prefer to wait and do the whole thing next week. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Just for clarification, as I read the description of this hearing, my concern would be, Mr. Nary, that the people that are interested in this are more interested in, you know, the noise issue, rather than actually what this says, which is really the description of what the block grant is all about. Is that right? So, my question is if we continue this until next week and folks come, because they are concerned about the noise and they sit in our -- in the audience and they listen to a discussion about the block grant, will that not be annoying to them? And, if so, then, should we not just listen to this description of the block grant this evening and, then, not next week -- or do we have to listen to it then, again, next week? Nary: Madam Mayor, Members of the Council, Councilmember Donnell, part of the reason, unfortunately, that it was set over to next week is because Louisiana Pacific couldn't be here to also give you the update. I totally agree with you, I don't believe a majority of the people understand the context of the hearing. The only reason I suggested in not hearing the presentation tonight is so that they can hear what the context of the hearing is about before they testify. There are a number of folks that have contacted my office, either through e-mail or the phone, that do tie this expansion to the noise increase. So, there probably will be some people that will raise that issue of the connection of those things, but my fear is if they don't hear the context of what the hearing is about and we hear it tonight, they are going to come and all they are going to talk about is noise and nothing else. So, I think it might be more of a free for all if you don't hear them in sequence that way. Donnell: Okay. Augustine: I will say under the circumstances, Madam Mayor and Members of the Council, where there is a continuance or we do two public hearings, we read this twice, irrespective, so that anybody who is in attendance would understand it and I understand from what you're saying, Councilwoman Donnell, that you all have been provided a copy of -- so to speak, in terms of what I'm going to say. Meridian City Council April 26, 2005 Page 27 of 32 Donnell: Yes. Yes. Augustine: The advertisement in the Valley Times did explain specifically what the project's about and, you know, if they want to come and make comments about a noise related sort of thing and make the nexus between the two issues, certainly that's what citizen participation is all about. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Follow up, then. So, Mr. Augustine, are you saying, then, it has to be read twice, whether it's tonight or it has to be next week and, then, another week? Did I misunderstand you? Augustine: No. You only have to do one Public Hearing. The only reason we are doing the continuance is simply to accommodate Louisiana Pacific officials. However, if you want me to read it tonight, that's fine. If you wish to decline and defer it until next week, you certainly can do that. But anytime we do have that meeting and there are people present -- in this particular case there isn't, and you already have the text of what I'm going to say, given the hour, I would stand down and -- Donnell: Oh, this is early. This is early. De Weerd: The hour is early. Yes. I think the preference would be to hear it once and not -- Augustine: Although I have been told my oratory is quite spellbinding and if you would prefer me to wax nostalgic, I could. De Weerd: Well, good, we will look forward to next week. Donnell: I'm excited. De Weerd: Mr. Wardle. Wardle: Madam Mayor, with that I move that we continue the Public Hearing on Item No.8 to next week, which is May 3rd. Donnell: Second. De Weerd: Okay. It's been moved and seconded to continue this Public Hearing to May 3rd. All those in favor say aye. All aye. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council April 26, 2005 Page 28 of 32 Augustine: If I may, Mr. Berg has indicated that it is your standard procedure to put Public Hearings at the end or toward end of your City Council meeting. Usually these things move rather quickly. This usually takes about five or ten minutes in most settings, so I don't know if you might want to consider moving it to the front, but I guess if we are going to have -- yes, you could follow your standard procedure. Bird: We never know. De Weerd: It's hard to say, but since this is continued, it will have the first position in the Public Hearing section. How is that? Donnell: Thank you. De Weerd: Thank you for joining us and we apologize. You will have to join us again. Donnell: Uh-huh. Take the tub. Item 9: Ordinance No. 05-1141 Licensed Alcohol Establishments and Prohibitina Two License Establishments within the Same Premise: (Third Reading - Public Comment will be Accepted): De Weerd: Okay. Item No. 9 is Ordinance No. 05-1141. This is the third reading. Mr. Berg, will you, please, read this by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1141, an ordinance amending Title 3, Chapter 2, Section 2 of the Meridian City Code regarding amending the requirements for licensed alcohol establishments and prohibiting two licensed establishments within the same premise, providing a savings clause and providing for a summary and providing an effective date. De Weerd: Thank you. And I don't think I need to ask if anyone wants to hear it read in its entirety, because it would only be Council. Okay. This was the third reading, so we can -- Mr. Nary, I assume we can go ahead and move to -- Nary: Madam Mayor, that's correct. We are seeking public comment, you don't need to close the hearing or anything like that, you can proceed, if there is approval for the ordinance. I just wanted to put on the record Mr. Bates was here prior to the meeting, he had the same question that's been asked a couple of times, including by Council, regarding the addressing of his establishment. I told him, again, as we discussed, that as long as you can designate a suite or a premise within that facility -- I spoke with Mr. Freckleton from our development services division, he also was comfortable that we could find the ability to address, even if it's a closet, as long as they had a separate entrance or some way that the post office could deliver mail to it, so there was not a concern that we couldn't do that. Mr. Bates said that that was fine with him, then, he wasn't going to stay for that, but I wanted you to know he was here -- he's the only one Meridian City Council April 26, 2005 Page 29 of 32 that I think has ever been here on this particular one, so I just wanted you to be aware he had come and decided to leave. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 05-1141. Donnell: Second. De Weerd: It's been moved and seconded to approve Item 9. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Establish date of Budget Hearing. De Weerd: Thank you. Item 10 is to establish a date for our budget hearing. Did we have a suggested date? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: August works out pretty good, if you guys -- it's a five Tuesday month and I'd like to have that public budget hearing starting at 6:00 o'clock on August 30th, 2005, if the rest of the Council -- it's only a one item deal, we can get in and get out. Donnell: August 30? Bird: August 30th. De Weerd: Depending on if our department directors do anything contentious with their budgets. Berg: Madam Mayor, this is the date that the finance department had kind of put their tentative schedule line out, hoping that that would be the -- should I say the furthest or the closest we could get to get this approved, so we can get our L-2 form to the county. De Weerd: My comment was only on how quick we get in and get out. Bird: We will get in and get out. Meridian City Council April 26, 2005 Page 30 of 32 De Weerd: Okay. Do I have a motion to set the date? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve August 30th, 2005, for our public budget hearing. Wardle: Second. De Weerd: Okay. It's -- the motion is to set the date-- Bird: I'm sorry, Mayor. 6:00 o'clock. Would you add that to it? De Weerd: Does second agree? 6:00 o'clock? Wardle: Just because it's not my birthday that day. Finally. De Weerd: August 30th, 6:00 o'clock. Mr. Berg, do I have to call roll on this? Okay. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Executive Session per Idaho State Code 67-2345(1)(f)(a): De Weerd: Thank you. Okay. Item 11 is the Executive Session. Mr. Bird. Bird: Madam Mayor, I move we go into Executive Session as per Idaho State Code 67- 2345(1 )(f) and (a). Wardle: Second. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION. De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Donnell: Second. Meridian City Council April 26, 2005 Page 31 of 32 De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: A motion to adjourn? Bird: No, don't we have - we had something we needed to act on after we come out. De Weerd: We do? Bird: Bill's uh - Donnell: I think that was just direction to him to write the letter. Bird: That's why we need to do it here. That's right. De Weerd: It just comes out of his office to write it to the Treasurer's Office. Bird: Still need to make it as a motion in the public, asking - I think because it deals with a contract. De Weerd: Yeah, but it doesn't have anything to do with the contract. It's just asking them to start that service right away. Donnell: Exactly. Bird: Okay. Donnell: Which isn't our business. De Weerd: Okay. Motion to adjourn. Wardle: So moved. Donnell: Second. De Weerd: All those in favor, say aye. Meridian City Council April 26, 2005 Page 32 of 32 ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 8:41 P. M. (TAPE ON FILE OF THESE PROCEEDINGS) M~~:-~ 05 / 24 / 05 DATE APPROV~ April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Hansen-Rice, Inc. CPA 04-003 April 26, 2005 ITEM NO. 5.8 REQUEST Resolution - Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed-Use Regional for Ten Mile Development, LLC- southwest comer of North Eagle Road and East Pine Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~........(0~, Date: Lf/~5(or:- Phone: EmaHed: ~\...p(\r, ~hC\.()~ - nee.. . C611Y\ Staff Initials: L12-. Matenals presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Resolution ~ rrr (10 D~ / ADA COUNTY RECORDER J. gr"" NAVARRO AMOUNT .00 ~~W~T~A~~a~~/~~~Oe; 01:29\.. 1111111111111111111111111111111111111 RECORDED - REQUEST OF 105067161 Meridian CilV CITY OF MERIDIAN RESOLUTION NO. 05...41 0 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE TEXT OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN TO CHANGE APPROXIMATELY 48 ACRES FROM INDUSTRIAL TO MlXED- USE REGIONALAS SET FORTH IN CHAPTER VII, SECTION 1; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to I.C. ~ 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare ofthe corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the City's Comprehensive Plan to change approximately 48 acres from industrial to mixed-use regional; and WHEREAS, the Mayor and City Council have done all things required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code *67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan, a copy of which is attached hereto and by this reference incorporated herein. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. AI?OPTED by the City Council of the City of Meridian, Idaho 1Lc'f~ day of '*f/n I , 2005. APPROVED by the Mayor ofthe City of Meridian, Idaho, this ~ay of A-on \ , 2005. I COMPREHENSIVE PLAN AMENDMENT TO CHANGE APPROXIMA TEL Y 48 ACRES FROM INDUSTRIAL TO MIXED-USE REGIONAL-Page I of2 COMPREHENSIVE PLAN AMENDMENT TO CHANGE APPROXIMATELY 48 ACRES FROM INDUSTRIAL TO MIXED-USE REGIONAL - Page 2 of2 BEFORE THE CITY OF MERIDIAN PLANNING AND ZONING COMMISSION CASE NO. CP A-04w003 IN THE MATTER OF THE APPLICATION FOR A COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT TO CHANGE APPROX. 48 ACRES FROM INDUSTRIAL TO MIXED USE-REGIONAL RECOMMENDATION TO CITY COUNCIL HANSEN-RICE, INC., Applicant The above entitl~d application for amendment to the City of Meridian's Comprehensive Plan Future Land Use Map having come on for public hearing before the Planning and Zoning Commission on December 16,2004 and January 20,2005, at the hour of7:00 p.m., on said dates at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho. Appearing and offering testimony was the applicant's representative, staff and other members of the public, and having duly considered the matter, the Planning and Zoning Commission makes the following Recommendation concerning Amending the 2002 Comprehensive Plan Future Land Use Map: 1. Applicant is Hansen-Rice, Inc., on behalf of the pending buyer/developer, Ten Mile, Development, LLC 2. The Applicant is requesting that the 2002 Comprehensive Plan Future Land Use Map be amended to change an exiSting "[ndustrial'; designation to" a "Mixed Use-Regional" RECOMMENDATION TO AM:END 2002 COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR TEN MILE DEVELOPMENT - CP A-04-003 PAGE 1 designation for approximately 22 acres of land located on the west side of Eagle Road/SH 55, south of E. Pine Ave. The property affected by the CPA application is part of a larger land holding which consists of 62+/- acres. The eastern portion of the site (fronting Eagle Road/SH 55) is already designated Mixed Use-Regional; the western 22 acres is designated . Industrial on the Future Land Use Map and would be the only port~on within the total area affected by the CPA. (It should be clarified that the CPA application proposes a new MU- Regional designation for the entire 62+/- acres, even though approxi,mately 40 acres already have the MU-Regional designation.) With the exception of one (1) acre at the southwest corner of Eagle Road/SH 55 .and Commercial that is zoned L-O (Limited :Office), the balance of the property is presently zoned I-L (Light Industrial) and within the city li~ts. 3. The, proposed designation change within the subject application would, in fact, require an amendment to the Comprehensive Plan, as determined by City policy. 4. The requirements for a Comprehensive Plan are set forth in I.C. ~ 67- 6508. RECOMMENDATION The Meridian Planning and Zoning Commission hereby reco~ends to the City Council of the City of Meridian that they approve the requested Comprehensive Plan Amendment to the Land Use Map to to change an existing "Industrial" designation to a "Mixed Use-Regional" designation for approximately 22 acres of land located on the west side of Eagle R9ad/SH 55, so~th of E. Pine Ave. The Commission finds this is in the best interest of the City of Meridian for the following reasons: RECOMMENDATION TO AMEND 2002 COMPREHENSIVE . PLAN FUTURE LAND USE MAP FOR TEN MILE DEVELOPMENT- CP A-04-003 PAGE 2 a. The existing and c~anging nature of the immediate vicinity does not lend itself to future industrial uses; b. The majority of the Elixir parcel is already designated as "Mi~ed Use-Regional" and it is desirable to have the same designation on the entire parcel; c. Ther~ are other locations in west Meridian where industrial uses may be more compatible and appropriate than fronting on Eagle Road; d. The cost of improving E. Pine A venue - which the city desires - and the increasing property values along Eagle Road make commerciaVretail uses more feasible than industrial uses; and e. E. Pine Avenue, as a future 5-Iane roadway with high traffic volumes, lends itself better to commercial/retail uses versus industrial uses. RECOMMENDATION TO AMEND 2002 COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR TEN MILE DEVELOPMENT- CPA-04-003 PAGE 3 April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Hansen-Rice, Inc. RZ 04-017 April 26, 2005 ITEM NO. s..c REQUEST Tabled from April 19 ,2005: Findings for Approval - Request for a Rezone of 61.63 acres from I-L and L-Q to C-G zones for Ten Mile Development. LLC - southwest corner of North EagleRoad and East Pine Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: contacted:~W~. Date:l\hiS'p.:; Phone: Emailed: ~\.e (\!;\ ~ - (leA'.> . (,OfV'-- Staff Initials: LX< Materials presented at public meeHngs shall become property of the City of Meridian. See previous Item Packet ~~ ;; CITY OF MERIDIAN ORDINANCE NO. () ~- ! 16 6 S !z iiiiiiiiiO) ::;) = 0) ~ =~ ~ ~ ~ ell ~~ i!~~ ~~~~ ~i;1i BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-05-009 MIKE AND GLORIA URWIN) FOR ANNEXATION OF PROPERTY LOCATED AT 2560 S. MERIDIAN ROAD, LOT 1 VOLKMAN SUBDIVISION, CITY OF MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN A TT ACHMENT "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 RUT (ADA COUNTY) TO L-O (LIMITED OFFICE) 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 ofthe 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: Mike and Gloria Urwin SECTION 2. That the above-described real property is hereby alU1exed and re- zoned from RUT (Ada County) to L-O (Light Office) 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 ofIdaho, and the Ordinances ofthe City of Meridian to alU1ex and re-zone said property. ANNEXATION OF AZ-05-009 - MIKE AND GLORIA URWIN Page 1 of3 SECTION 5. 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 ofthe City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and arumlled. 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 mam1er, including the lands herein rezoned, with the following officials of the County of Ada, State ofIdaho, 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 ofIdaho. SECTION 9. That pursuant to the affirmative vote ofone-half(1!2) plus one (1) of the Members ofthe 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 / z -t!::- day of ,T ttL'J- ' 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this / ~-tJ;. day of \/ t-tL'1 ,2005. ANNEXATION OF AZ-OS-009 - MIKE AND GLORIA URWIN Page 2 of3 STATE OF IDAHO, ) ) ss. County of Ada ) On this ~~ay of Ju.1 , 2005, before me, the undersigned, a Notary Public in and for said S~te, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ..,~~~~~~~;.~':r;~~~~#.... ,l' ~ ~~...........tl'.;. "" /' /' ",JJT Al?,r ....? \ l; t }*j '\ tI'\ .PUBL1C l i ~...~;i ;~:..........~C...,.1 """.}:: 0 F lP ~~......", ......1101...1111 OTA YPUBUCFORIDAHO ES !NO AT: ;J1~;/"/tt~ , ~ COMMISSION EXPIRES: 0'1/.20/07 ANNEXATION OF AZ-OS-009 - MIKE AND GLORIA URWIN Page 3 of3 Ja'n 28 2005 3: 19PM HP''1SERJET FAX p.3 Ell.. & e.J1t... €E~ #nc;, 5505 W. Franklin Road" Boise, Idaho 83705-1055 Gloria and Michael Urvvin land Desc,ription for Annexation to the City of Meridian 28 January 2005 A portion of Lot 1 of Block 1 of Volkman Subdivision, as shown on the official plat thereof on file in the office of the Ada County, Idaho, Recorder, and adjoining pubfic right-af-way. being situated in ~:S_ Lot 3 qf Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Jdaho, and befng more. particularly described as foUows: Commencing at the southwest comer of said Section 19; thence NOO"56'OQ"E, 2,195.04 feet along the westerly boundary of said Section 19 to ,the extension of the northerly boundary of said Lot 1, which is the Real Point of Beginning: Thence SB9"04'OOllE, 335.00 feet along the extension of the northerly boundary of said Lot 1 and along the northerly boun(jary of said Lot 1 to the northeast come,r of s?lid. Lot 1; , ,Thence SOOD56'OO'W, 168.00 feet along the easteily boundary of said lot 1 to the southeast corner of said lot 1; Thence N89004'OQ'W. 335,.00 feet along the southerly boundary of said Lot 1 and the extension of the southerly boundary of said Lot 1 to the westerly boundary of said Section 19; Thence NOO"'56'OO"E, 168.00 feet along the westerly boundary of said Sectipn 19 to the Real Poin,t of Beginningw , r <.' Comprising 1.292 acresl more or less. This land deSCription has been made from survey information contained on the subdivision plat of Volkman Subdivision. . Jan 28 2005 3:19PM ti':: ~~3 HP FAX .J:: c:::" ~~ ~.. <:. 't:; 15Ct)~~ -...l .~ Q) :ti ttj ~ .~ =- :::i~tiS.g: .~ ~ 1;f 5 ~ of t.Yi (j ~~-{g ~5(b"{ ~~ CflO:: ..: 8~ ~-..I .00'89 t M...Ga99",OO S ~ ~ ~ ~ <'" 2 !.d g~ Iti t~-~'9 ~~~~ ~ ~ ~ ~ -------~~L___ ~ -{g.~ 5~ tii,g t;~ ~ g ti t:Q .00 '891- 3",00.99",OD N ~ \':::i t.Q ,frO'96tz 3,,0099,,00 N peo~ UefPpevv-eUn>llflnoS 10.4 ~ .~ ~ rJ ::s~ -.s Qi ~ ~ ~ ~"o; ~ .~ ~::II ~ ~ .f::! m ~ ~ .S cr) ~ c:, (tf '. ~~ ~~~fJtfJ~ (l:S~~Uoq:~ .m ~ CI) ao ~~ CO Qj s::: "C ~ ~ ~ ~ ~~ .j ~ ( ~ t..; 0_ G- ~-S !~:: ~!.9 cJ -J~i ~'I QI ~/:.. f ~I IJJ\. ! >~ ~f;,~ ~ !ti ~ ~ lei ~ ~ g ~ ~ <'= ~t-~ ~s~jj ~~ Ui ~~ o 5 ~~ (Qd!5 ,frO 'LZ~ April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Hansen-Rice. Inc. CUP 04-051 April 26, 2005 ITEM NO. 5-D REQUEST Tabled from April 19. 2005: Findings for Approval- Request for a CUP for a conceptual Planned Development for commercial/retail uses for approximately 615.430 sf of building areas in proposed C-G zone for Ten Mile Development - swc of N. Eagle Rd. and E. Pine Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~ W~ Date: cd dS-\O~ Phone: Emailed:c;)~(\(\fj:.){\C\.(\~(\-\lC~..CO..V\ Staff Initials: 6..J2.-. Materials presented at public meetings shall become property of the City of Meridian. See previous Item Packet HfO~ April 15, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT Hansen - Rice, Inc. CUP 04-051 April 1 " 2005 ITEM NO. 5-J REQUEST Findigns for Approval- Request for a CUP fora Conceptual Planned Dev. For commercial! retail uses for approximately 615.430 square feet of building areas in a proposed C-G zone for Ten Mile Develpmeent, Inc. - SWC of North Eagle Road and East Pine Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: r ~ {f)6.'~ Date: 4.1/<6 {nS:- Phone: Emailed: ~-eJ\C\ ~~ V\C\.tlfutt\ ~ ( I c.:e COM Staff Initials: lR Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS See attached Findings 06 4"/}~/ ~fJ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for a Rezone of 61.63 Acres from I-L (Light Industrial) and L-O (Limited Office) to a C-G (General Commercial) Zone AND for a Conditional Use Permit for a Conceptual Planned Development for Commercial/Retail Uses for Approx. 615,430 sq. ft. of Building Area in a Proposed C-G Zone, by Hansen-Rice, Inc. Case No(s). RZ-04-017, CUP-04-054 For the City Council Hearing Date of: March 29, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers ofrecord within three hundred feet (300') of the external boundaries ofthe property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matter was duly considered by the City Council at the March 29, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation for approval to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code g67-6509, 6512, and Meridian City Code gg 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-017, CUP-04-051 - PAGE I of5 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) ofrecord at the time of issuance of these findings is Elixir Industries of Gardena, CA (represented by Robert Cuthbertson). (Ten Mile Development, LLe has an option topurchase the property.) 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for the Rezone application. b. See Exhibit F for the findings required for the Conditional Use Permit application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. g67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code g 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site Plan dated 1/31/05 as shown in Exhibit B and the Conditions of Approval in Exhibits C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-017, CUP-04-051 - PAGE 2 of5 Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's CUP Conceptual Site Plan (dated 1/31/05, rev.) is hereby conditionally approved as follows: a. The conceptual layout on the property west of the N. Rosario Street driveway extension is not approved as shown. The applicant presented a hand drawn, cross-hatched copy of the layout at the 3/29/05 public hearing which labeled this area as being developed with mostly non-retail uses. Specific uses will be reviewed as part of future detailed CUP applications. The future uses include, but are not limited to, office, flex space, clean industry, multi-family residential, showroom space, processing, and education. b. The Pine Avenue extension and expansion shaU be completed as part of Phase 1 (recognizing no detailed phasing plan is approved at this time and will be submitted with the first detailed CUP application). c. The Eagle Road/SH 55 street buffer shall be designed in accordance with !TD's standards for street lighting, sidewalk width, and other design features as anticipated in the 2004 Eagle Road Arterial Study. d. The City Council understands that the landscaped median in Eagle Road will not be constructed by the developer but that it will be constructed as part of a future !TD project. However, this does not relieve the developer of providing some type of right-in/right-out traffic control device at the Commercial driveway if the Eagle Road median is not constructed at the time the new driveway is constructed. e. It is agreed that the future transit station along the Union Pacific Railroad, while not required to be constructed or bonded for by the developer at this time, is an area to be preserved and incorporated into future detailed site plans. 2. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of pennanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NO(S). RZ-04-017, CUP-04.051 - PAGE 3 of5 application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. Ifthe successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Descliption Exhibit B: Approved Conceptual Site Plan Exhibit C: Rezone Comments/Development Agreement Conditions of Approval Exhibit D: Conditional Use Permit Conditions of Approval Exhibit E: Rezone Findings Exhibit F: Conditional Use Pennit Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-017, CVP-04-051 - PAGE 4 of 5 B~ of the City Council at its regular meeting held on the ) - ( , 2005. f 2-6 If; day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED ;?J~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED# MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_ and City Attorney. BJ' ~h (l mJ/\HIYI City Clerk's Office Dated: 5~5 ~Cf) CITY OF MERIDIAN FINDiNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-017, CUP-04-051 - PAGE 5 of5 EXHIBIT A Ten Mile Development RZ-04-017 & CUP-04-051 Legal Description UNLIMITED BOUNDARIES, INC.UBA Bergey Land Surveying 11 03 W. Main St. Middleton, ID 83644 Walt Neitz, PlS Doug Bergey, PLS Phone: 208.585.5858 Fax: 208.585.9001 DESCRIPTION FOR ELIXIR INDUSTRIES FOR ANNEXATION & ZONING APPLlCA TION A PORTION OF THE SE II. OF SECTION 8, T.3N., R.I E., B.M. MERIDIAN, ADA COUNTY, fOAHO A parcel ofland being a portion of the SE 1< of Section 8, T.3N., R.IE., B.M., Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a brass cap marking the Southeast comer of said 5E 1< of Section 8, thence along the Easterly boundary of said SE Y4, North 01 "29'03" East 1298.35 feet to the Northerly right-of- way line of the Union Pacific Railroad, the REAL POINT OF BEGINNING; Thence along said Northerly right-of-way line, North 88028'27" West 70.00 feel to an iron pin; Thence continuing along said Northerly right-of-way line, North 88"28'27" West 1303.29 feet to an iron pin; Thence along the Easterly boundary of that certain parcel ofland conveyed by Elixir Industries to Upland Industries Corporation, as recorded in Instrument No. 8226773, Official Records of Ada County, Idaho, North 00032'01" East 450.00 feet to an iron pin at the Northeast comer of said Elixir to Upland Industries conveyance; Thence along a line parallel with said Northerly right-of-way line of the Union Pacific Railroad, North 88028'27" West 1219.64 feet to Westerly boundary of said SE Y4 of Section 8; Thence along said Westerly boundary, North 00"32'0]" East 837.00 feet to a brass cap at the Northwest comer of said SE Y4; Thence along the Northerly boundary of said SE Y4, South 89054'01" East 2615.04 feet to a brass eap at the Northeast eomer of said SE Y4; Thence along the Easterly boundary of said SE Y4, South 0 I 029'03" West 1351.89 feet to the point of beginning, comprising 66.27 acres, more or less. SUBJECT TO: M~~~~~ b~~i'c Any easements of record or appearing on the above described parcel of land. :V~:!!~O'!f'L.(j'1- '- EXHIBIT B Ten Mile Development CUP-04-051 Approved Conceptual Site Plan EXHIBIT C Ten Mile Development Rezone Application, RZ-04-017 Comments & Development Agreement Conditions 1. The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. Prior to the Rezone ordinance approval, the property owner shall be required to enter into a Development Agreement (DA) with the City of Meridian as a condition of rezone. The aoolicant shall contact the City Attornev Bill Narv at 888-4433 to initiate this orocess. The DA shall require that: a. Uses shall be restricted to those allowed in the C-G zone and as follows: The developer shall be required to incorporate a minimum of 50,000 square feet of professional office or non-retail use in the development, in addition to the hotel. No more than 300,000 square feet of retail use shall be constructed before the developer receives detailed CUP approval to demonstrate compliance with this condition. The Zoning Administrator is granted authority through this DA to detennine whether a future use and/or site plan complies with the intent of this agreement The future allowed uses on the property west of the N. Rosario Street driveway extension include, but are not limited to, office, flex space, clean industry, multi- family residential, showroom space, processing, and education. Specific uses will be reviewed as part of future detailed CUP applications. b. All future uses within the property boundaries shall be required to obtain detailed Conditional Use Permit approval prior to construction. c. Based on the submitted Traffic Impact Study, a continuous right-turn lane is needed on Eagle Road for the proposed access points. ITD should require a turn lane for any access that is approved on Eagle Road, and should acquire sufficient right-of-way for those and any future improvements. The developer shall submit written verification from ITD that this condition is complied with at the time of the first detailed CUP application on the site. d. A maximum of one (1) right-in/right-out access to Eagle Road is peffilitted (in addition to the existing E. Pine Ave access). All access on Eagle Road shall be restricted to right-in/right-out operations only, and that medians be installed in Eagle Road to restrict the access points, including the Commercial Court access. Ten Mile Development- RZ-04-017 - Findings of Fact and Conclusions of Law - Exhibit C Page 1 of2 e. The current layout ofthe site requires trucks to access Eagle Road to serve the proposed uses. The applicant shall design the site to eliminate the need for Eagle Road access for trucks. f. All roof-mounted HV AC and other mechanical equipment shall be screened so as not to be visible from either Eagle Road/SH 55 or E. Pine Avenue abutting the property. g. All loading docks, compactors, emergency generators, trash collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscape design so that the visual and acoustic impacts of said functions are minimized. h. The Eagle Road street buffer area shall be designed in accordance with ITD's standards for street lighting, sidewalk width, and other design features as anticipated in the 2004 Eagle Road Arterial Study. It is agreed that the landscaped median in Eagle Road will not be constructed by the applicant but that some right-inlright-out traffic control device is required. 3. Any existing domestic wells will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. All septic system(s) will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8, when service becomes available to this site. Wells may be used for non-domestic purposes such as landscape irrigation. 4. All inigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 5. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. Ten Mile Development - RZ-04-017 - Findings of Fact and Conclusions of Law - Exhibit C Page 2 of2 EXHIBIT D Ten Mile Development Conditional Use Permit Application, CUP-04-051 Conditions of Approval SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/PD) 1. All conditions of the accompanying Rezone application (including the Development Agreement) shall also be considered conditions of the Conditional U se/PD application. 2. The Conceptual Master Site Plan labeled "Option A" (updated 1/31/05 by Hansen-Rice, Inc.) is hereby approved, with the following modifications: a. Increase the amount of outdoor open space/patio area around the hotel site; b. Clearly depict/label the continuous pathways throughout the site; c. An overall phasing plan shall be submitted with the first detailed Conditional Use Permit application for this project. Revisions to the phasing plan may be approved by the Planning Director or hislher assigns if changes to the plan are requested.; d. Per MCC 12-13-11-2.B., provide a minimum five (5) foot wide landscape strip along the entire south property line. e. The conceptual layout on the property west of the N. Rosario Street driveway extension is not approved as shown. The applicant presented a hand drawn, cross- hatched copy of the layout at the 3/29/05 public hearing which labeled this area as being developed with mostly non-retail uses. Specific uses will be reviewed as part of future detailed CUP applications. The future uses include, but are not limited to, office, flex space, clean industry, multi-family residential, showroom space, processing, and education. 3. Prior to the first detailed CUP application being submitted, the applicant shall submit an easement or other legal document that preserves the area between the UPRR right-of-way and the main street boulevard area as a public pedestrian area to allow for use of the potential transit station. Coordinate said document with the Planning & Zoning and Legal Department staff. 4. No new buildings are approved for construction under this conceptual CUP/PD application (File No. CUP-04-051). All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit. 5. The developer shall be responsible to create a system for tracking all required parking and open space throughout the course of the development and submit an update with each Certificate of Zoning Compliance. Ten Mile Development- CUP-04-051 - Findings of Fact and Conclusions of Law - Exhibit D Page I of7 6. Provide at least two amenities, as approved by the City Council, for the Planned Development. The Planning & Zoning Commission recommends the following amenities be required of the developer: a. A minimum of 10% of the gross area of the site (or 6.2 acres) shall be improved as open space at site build-out, exclusive of the Eagle Road and E. Pine Avenue street buffers. This open space may include all outdoor patio/plaza areas that are beyond the standard 5-foot sidewalk required by Meridian City Code. b. A minimum 10-foot wide multi-use pathway that generally extends from the northwest corner of the site to the rail transit station in the southeast corner. c. If the developer constructs or posts surety for the future bus stop on E. Pine Avenue, this shall be deemed a project amenity. 7. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance. All vehicular use areas shall be paved in accordance with Meridian City Code. 8. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The applicant has not indicated who will own and operate the required pressurized irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. 9. Unless a waiver is specifically granted by City Council, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confinnation of said approval submitted to the Public Works Department. 10. All fencing shall be installed in accordance with MCC 12-4-10. If no permanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in Ten Mile Development - CUP-04-051 - Findings of Fact and Conclusions of Law - Exhibit D Page 2 of7 accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 12. The applicant will be responsible to construct the water mains to and through this proposed development (looped). Project designer to coordinate main sizing and routing and new easements with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 13. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". 14. The applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 15. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 16. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 17. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 18. The Pine Avenue extension and expansion shall be completed as part of Phase I (recognizing no detailed phasing plan is approved at this time and will be submitted with the first detailed CUP application). Ten Mile Development - CUP-04-051- Findings of Fact and Conclusions of Law - Exhibit D Page 3 of7 19. The developer shall provide some type of right-inJright-out traffic control device at the Commercial driveway if the Eagle Road median is not constructed at the time the new driveway is constructed. 20. It is agreed that the future transit station along the Union Pacific Railroad, while not required to be constructed or bonded for by the developer at this time, is an area to be preserved and incorporated into future detailed site plans. GENERAL REOUIREMENTS (CONDITIONAL USE PERMIT/PD) 1. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 3. All construction shall conform to the requirements of the Americans with Disabilities Act. 4. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. OTHER AGENCYIDEP ARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT CONDITIONS 1. All Fire Department Connections (FDC) must be within 100 feet of a fire hydrant. 2. Applicant shall comply with Appendix D of the International Fire Code for access to all building walls with a height of 30 feet or greater (including parapets). It may be necessary to increase fire lane widths to 26 feet. 3. Applicant shall coordinate with the Meridian Fire Department and prepare an addressing plan for the site. 4. All driveways located behind buildings (as depicted on the conceptual site plan) shall be posted as "No Parking." 5. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 6. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. Ten Mile Development - CUP-04-051 - Findings of Fact and Conclusions of Law ~ Exhibit D Page 4 of7 c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 7. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 8. Provide a 20' wide fire lane for all internal and external roadways. 9. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 10. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 11. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 12. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shan be placed an average of300' apart. 13. Maintain a separation of 5' from the building to the dumpster enclosure. 14. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter ofthe building. 15. Fire Sprinklers will be required for all buildings associated with this project. 16. Provide exterior egress lighting as required by the International Building & Fire Codes. 17. Provide a Knoxbox entry system for the complex. 18. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 19. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". 20. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. Ten Mile Development- CUP-04-051 - Findings of Fact and Conclusions ofLaw~ Exhibit D Page 5 of7 SANITARY SERVICE CO. CONDITIONS 1. SSC has no comments related to this application at this time. PARKS & RECREATION DEPARTMENT CONDITIONS 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. ADA COUNTY HIGHWAY DISTRICT A. Site Specific Conditions of Approval 1. Construct Pine Street abutting the site and dedicate sufficient right-of-way to accommodate the improvements. The applicant will not be compensated for any improvements or right-of-way. The roadway shall be improved to a 5-lane section with bike lanes on the south side, as well as curb, gutter, and a 7-foot attached sidewalk, or a 5-foot detached sidewalk separated from the roadway by a minimum 5-foot wide landscape strip. At the intersection of Eagle Road, additional turn lanes will be required on Pine Street to provide a 7-lane street section (2 westbound through lanes, 2 northbound turn lanes, 2 eastbound through lanes, 1 southbound right turn lane). The roadway shall be improved abutting the entire site. 2. The proposed driveway on Pine Street in alignment with the Regence driveway on the north side of the street, located 320-feet west of Eagle Road, is.!1Q.t approved. The driveway shall be located a minimum of 470- feet west of Eagle Road, to provide sufficient offset from the intersection, and a minimum ISO-feet of offset from the Regence driveway. 3. Construct a driveway in alignment with Rosario Street, as proposed. 4. Construct a driveway in alignment with Hickory Street, as proposed. 5. The proposed public street off of Pine Street intersecting Hickory is not approved. A driveway may be constructed in this location. 6. Provide a $105,000 road trust deposit for the cost of the signal at Hickory and Pine. 7. Stacking requirements at the Hickory/Pine intersection shall be as recommended by the supplement to the traffic impact study. Single left turns will be sufficient at this intersection, and for eastbound traffic a through-right is sufficient for a 5-lane roadway. Ten Mile Development - CUP-04-051 - Findings of Fact and Conclusions of Law - Exhibit D Page 6 of? 8. Comply with all Standard Conditions of Approval. IDAHO TRANSPORTATION DEPARTMENT (Thefollowing conditions were submitted to the City Clerk in a 12-17-04 letter from Dan Coonce, District Traffic Engineer.) 1. No direct access will be allowed to Eagle Road. This section of SH-55 has been designated a Principal Arterial Type IV. ITD would like the City of Meridian to help us preserve this corridor. 2. Noise abatement (berms, fences, etc.) will be the responsibility of the applicant and will be constructed off of the State Right of Way. See enclosed Noise Abatement Measures. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Enviromnental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Ten Mile Development - CUP-04-051 - Findings of Fact and Conclusions of Law - Exhibit D Page 7 of7 EXHIBIT E Rezone Findings Ten Mile Development (File RZ-04-017) The City Council hereby approves the following findings of the Planning & Zoning Commission: According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11-15-1 I: "A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The proposed C-G rezone is harmonious with and in accordance with the Future Land Use Map of the Comprehensive Plan for the site. The applicant has submitted an application for a Comprehensive Plan map amendment for the western 22 acre portion of the property (currently designated "Industrial"). The proposed C-G zone is harmonious with the Mixed Use-Regional (MU-R) designation for the eastern portion of the site. The purpose of the MU-R designation is to provide for a combination of compatible land uses that are typically developed under a master or conceptual plan and to identify key areas which are either infill in nature or situated in highly visible or transitioning areas (Page 97, 2002 Comprehensive Plan). The conceptual site plan shows a mix of uses, which is not in conformance with the intent of the MU-R designation. The proposed future transit center along the railroad is harmonious with the Future Land Use Map, which designates a "floating" center in this general location. B. Is the area included in the zoning amendment intended to be rezoned in the future; If the subject Rezone application (RZ-04-01 7) is approved, the Commission does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a Ten Mile Development - RZ-04-017 - Findings of Fact, Conclusions of Law & Decision and Order- Exhibit E Page 1 of5 residential area turning into commercial area by means of conditional use permits; The applicant is proposing to construct a retail center in the proposed C-G zone; retail uses are a permitted use in the C-G zone. No other uses are shown on the master site plan. Assuming all future uses are constructed in accordance with adopted city ordinances, the Commission finds the area would be developed per the C-G district. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The Commission finds that the signalized intersection of Eagle Road/Pine Avenue, if improved per ACHD and ITD standards and per the TIS submitted with the application, is a change in the vicinity that could support retail uses. In addition, Presidential Subdivision at the northeast corner of Eagle and Pine is currently being improved with services and retail uses. Pine Avenue is not in the current ACHD Five-Year Work Program for widening but is proposed to be improved with this application (to their west boundary - not to Locust Grove). E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Under the existing I-L zoning and under the Future Land Use Map (for the western 22 acres), the intended character of approximately 50-60% of the immediate vicinity is industrial-oriented. The existing uses south and west of the site are light industrial. Gemtone Center Subdivision north of Pine A venue, while I-L zoned, is permitted to construct professional office, which would blend with retail development. The intended uses within the eastern half of the subject property are both retail and office (and other possible uses). The applicant's master site plan shows retail uses and a hotel as wen as potential office uses above the retail. The Commission finds that the proposed use(s) will be designed, constructed, operated and maintained to be hannonious and appropriate in appearance with the existing and intended character of the majority of the land in the general vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; In general, the Commission finds the proposed retail center will not be hazardous or disturbing to existing or future neighboring uses. The primary impacts created Ten Mile Development - RZ-04-017 ~ Findings of Fact, Conclusions of Law & Decision and Order- Exhibit E Page 201'5 by the development will be traffic and light related. The nearest residential uses are in Crossroads Subdivision, approximately 1,000 feet east on the north side of Pine Avenue. East of Eagle Road, Pine Avenue is already widened to 5 lanes. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The Commission finds that the project can be provided sanitary sewer and water service via the existing mains on and adjacent to the project site. The Public Works Department must have an opportunity to review further civil drawings for the sewer re-routing plan. On December 3, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. See detailed conditions from these agencies at the end of this report. All public services and facilities noted above appear to be adequate to serve this property. The Commission and Council should rely upon comments submitted by the ACHD, the Meridian Fire Department, the Meridian Parks Department and any other agency providing service to this parcel when determining serviceability. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, utilities and irrigation services to serve the project. In addition, ACHD is requiring the developer to construct a new traffic signal at the Pine/Hickory intersection. The primary public costs to serve the project will be fire and police services. Staff finds there will not be excessive additional requirements at public cost for public facilities and services. The Rezone application (and CUP) makes several references to a future UPRR transit center as an asset to this development. This is in general conformance with the Comprehensive Plan which identifies this location for a transit stop as welL If the CUP/PD application and concept plan are approved, including the transit center, there willlike1y be public funds involved in the construction of said transit center. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Ten Mile Development - RZ-04-017 - Findings of Fact, Conclusions of Law & Decision and Order- Exhibit E Page 3 of5 As noted in more detail under Finding J, the proposed uses will generate significant levels of new traffic. The Commission recognizes that traffic and noise will increase with the approval of ill1Y development on this parcel. The Commission believes that the amount of traffic generated by the proposed use(s) will not be detrimental to the general welfare of the traveling public if all traffic controls and mitigation standards recommended by ACHD are enforced! constructed. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; As currently proposed (with three vehicular access points on to Eagle Road), the Commission finds the approaches will be designed as not to create an interference with Eagle Road traffic. (See ITD's recommendation from the Eagle Road Arterial Study below.) The applicant's traffic engineer, Gary Funkhouser, prepared a Transportation Impact Study and a detailed supplement to the study which outlines the proposed vehicular approaches, traffic impacts and proposed roadway improvements. A summary of the TIS was included in the ACHD staff report. ACHD believes the need for a new signal at the Pine Street/Hickory Street intersection is solely related to the development of this property and that the developer would need to provide a $105,000 road trust deposit for the signal. ACHD has made several "Special Recommendations" to the City of Meridian and ITD in their report. They also believe the proposed truck access to Eagle Road should be eliminated and relocated to Pine Ave. At their January 11, 2005 meeting, the Meridian City Council signed a letter of support for the ITD Eagle Road Arterial Study (dated April 2004, by Cambridge Systematics). Specifically, the report contained three (3) recommendations that impact the segment of Eagle Road between Franklin Road and Fairview Avenue: - Section 3.2 #1 Daile 3: "Where a single large parcel is developed. . ., municipal planning and zoning procedures should require identification of a feasible internal (i.e. off the state highway) circulation plan to minimize the number of direct access points to the state route, and to identify local road construction or modification needs to provide the level of access required by the new development." - Section 3.2 #2 Daile 3: "Secondary access," as used in the ITD access management policy, should be defined as access to cross streets, rather than to Eagle Road itself. Wherever possible, secondary access should be directed to signalized locations on those cross streets." - ADDendix B Sel!l11ent 2 map: Recommends adding a landscaped median, medianlsidewalk lighting and other features with no break (except Pine Ave.) in front ofthe subject parcel. Ten Mile Development - RZ-04-017 - Findings of Fact, Conclusions of Law & Decision and Order ~ Exhibit E Page 4 of5 With any future detailed CUP applications, the applicant should comply with ITD and ACHD policies in order to preserve the capacity and movement on the adjacent roadways. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The Commission finds that the proposed development will not result in the destruction, loss or damage of natural features. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" The Commission finds that the rezoning of the subject property to C-G would be in the best interest of the City for the reasons listed in this report, as long as the conditions listed in the Development Agreement and CUP/PD application are complied with. Ten Mile Development - RZ-04-0 17 - Findings of Fact, Conclusions of Law & Decision and Order- Exhibit E Page 5 of5 EXHIBIT F Conditional Use Permit Findings Ten Mile Development (File CUP-04-051) The City Council hereby approves the following findings of the Planning & Zoning Commission: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (1 j_ 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The Commission finds that the site is large enough to accommodate all of the proposed uses, parking, setbacks, landscaping, etc. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The Commission recommends approval of the applicant's proposed amendment to the 2002 Future Land Use Map to change the western 22 acres of the site from "Industrial" to "Mixed Use-Regional." We find the applicant's analysis of the Comprehensive Plan text policies to be valid. The Commission is recommending a minimum of 50,000 square feet of non-retail uses plus a hotel be constructed in addition to the proposed retail uses to comply with the mix of uses required of the Comprehensive Plan. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; The Commission finds the design, construction, operation and maintenance of the development will be compatible with other uses in the area. To help ensure compliance with this finding, we are requiring future detailed CUP applications be submitted prior to any building permits being issued on the site. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Please see the findings in sections "I" and "J" of the Ten Mile Development Ten Mile Development - CUP-04-05 I - Findings of Fact, Conclusions of Law & Decision and Order- Exhibit F Page I 00 Rezone application/findings. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; The Commission finds that the project can be provided sanitary sewer and water service via the existing mains on and adjacent to the project site. The Public Works Department must have an opportunity to review further civil drawings for the sewer re-routing plan. On December 3, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. See detailed conditions from these agencies at the end of this report. All public services and facilities noted above appear to be adequate to serve this property. The Commission and Council should rely upon comments submitted by the ACHD, the Meridian Fire Department, the Meridian Parks Department and any other agency providing service to this parcel when deternlining serviceability. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, utilities and irrigation services to serve the project. In addition, ACHD is requiring the developer to construct a new traffic signal at the Pine/Hickory intersection. The primary public costs to serve the project will be fire and police services. Staff finds there will not be excessive additional requirements at public cost for public facilities and services. The Rezone application (and CUP) makes several references to a future UPRR transit center as an asset to this development. This is in general conformance with the Comprehensive Plan which identifies this location for a transit stop as well. If the CUPIPD application and concept plan are approved, including the transit center, there will likely be public funds involved in the construction of said transit center. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; As noted in more detail under Finding J, the proposed uses will generate significant levels of new traffic. The Commission recognizes that traffic and noise Ten Mile Development - CUP-04-051 - Findings of Fact, Conclusions of Law & Decision and Order- Exhibit F Page 2 on will increase with the approval of IDlY development on this parcel. The Commission believes that the amount of traffic generated by the proposed use(s) will not be detrimental to the general welfare of the traveling public if all traffic controls and mitigation standards recommended by ACHD are enforced/ constructed. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; As currently proposed (with three vehicular access points on to Eagle Road), the Commission finds the approaches will be designed as not to create an interference with Eagle Road traffic. (See ITD's recommendation from the Eagle Road Arterial Study below.) The applicant's traffic engineer, Gary Funkhouser, prepared a Transportation Impact Study and a detailed supplement to the study which outlines the proposed vehicular approaches, traffic impacts and proposed roadway improvements. A summary of the TIS was included in the ACHD staff report. ACHD believes the need for a new signal at the Pine Street/Hickory Street intersection is solely related to the development of this property and that the developer would need to provide a $105,000 road trust deposit for the signal. ACHD has made several "Special Recommendations" to the City of Meridian and ITD in their report. They also believe the proposed truck access to Eagle Road should be eliminated and relocated to Pine Ave. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds that the proposed development will not result in the destruction, loss or damage of natural features. Ten Mile Development - CUP-04-051 ~ Findings of Fact, Conclusions of Law & Decision and Order- Exhibit F Page 3 00 April 22, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT April 26, 2005 ITEM NO. 5-E REQUEST Approve Beer, Wine and Liquor Licenses AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. April 22, 2005 MERIDIAN CITY COUNCIL MEEfING APPLICANT April 26, 2005 ITEM NO. 5-F REQUEST Approve Beer, Wine and Liquor licenses Pending Completion of Application AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~vd Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 26, 2005 ITEM NO. 5-G REQU EST license Agreement with Nampa Meridian Irrigation District for Southem Springs Subdivision (Ten Mile Drain} AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached License Agreement ~y-Y Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 26, 2005 lTEM NO. 5-N REQUEST Fifth Addendum to Exhibit 'C' to the City of Meridian I Meridian Rural Fire Protection District and Life Preservation Service Contract and Joint Exercise of Power Agreement AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WAT~R DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached rfJ/ ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT SCS Investments, Inc. V AC 05-001 April 26, 2005 ITEM NO. 5-H REQUEST Resolution - Request to vacate E. Manderly Lane and a 30-ft wide agricultural easement. both being one & the same as shown on the plat of Larkwood Sub at north boundary line of lot 13, Block 2 for Tustin Subdivision - nwe of E. McMillan Rd & N. Locust Grove Roiad AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted:( ~~~ Date:41~5rD5' Phone: Emailed:~.S\<l\+h...>~.cZ-(\.<1. ()'(.0 , Q.o(Vl Staff Initials: L((.. Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Resolution o~/.fl/~ ~ CITY OF MERIDIAN RESOLUTION NO. tJfJ - 47 ( BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION VACATING EAST MANDERL Y LANE AND A 30- FOOT WIDE AGRICULTURAL EASEMENT, BOTH BEING ONE IN THE SAME AS SHOWN ON THE PLAT OF LARKWOOD SUBDIVISION, AT THE NORTH BOUNDARY LINE OF LOT 13, BLOCK 2 FOR TUSTIN SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 12, 2005, the City Council of Meridian, held a hearing on the vacation of East Manderly Lane and a 30-foot wide agricultural easement, both being one in the same as shown on the plat of Larkwood Subdivision, at the North Boundary Line of Lot 13, Block 2 for Tustin Subdivision, Boise Meridian, Ada County, Meridian, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a 30-foot wide agricultural easement, both being one in the same as shown 0 the plat of Larkwood Subdivision, at the North Boundary Line of Lot 13, Block 2 for Tustin Subdivision, Boise Meridian, Ada County, Meridian, Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approvaL PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 26 ~day of ~ I L ,2005. VACATION OF MANDERLY LANE/AGRICULTURAL EASEMENT -TUSTIN SUBDIVISION Page 1 of2 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, . ,..fit ~/L tbis ~ day of ~ ATTEST: ~.J! AdL~Ar(9-f CITY CLERK \ , 2005. STATE OF IDAHO, ) ) ss County of Ada ) On this ~ day of fJ-f'(; I ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, ofthe CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ,......~~~~~al~~.-;.q#..~ ~~..... ~~...............~./".".~-:.t. ! l..~OT A.~J--.""o,,~ \ 5 * · -..... ! * ~ \ <p.\ ,pOBL\C I i ":\ ~.::~...........~ ~.....~$ ....:..( (I F H> ~~'Il oil"'",..... _....." .\01"" CU, l'j T PUBLIC FOR IDAHO ~SID GAT: fY)t'r)rlitlJ~ OMMISSION EXPIRES: ~ VACATION OF MANDERLY LANE/AGRICULTURAL EASEMENT-TUSTIN SUBDIVISION Page 2 of2 Engineering North West, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 0 Fax. (208) 376-5556 Project No. 04-004-01 Date: April 16, 2004 LARKWOOD AGRICULTURAL EASEMENT DESCRIPTION An easement located in Lot 13, Block 2 ofLar1cvlOod Subdivision as same is shown on the Plat thereof recorded in Book 58 of Plats at Page 5494 of Ada County Records~ located in the SE 1/4 of Section 30, T. 4 N., R. 1 E., B.M., Ada County, Idaho, more p81ticularly described as follows: Commencing at the section comer common to Sections 29,30,31 and 32 of said TAN., R.1E.; Thence North 00000'00" East, 1784.77 feet on the section line common to said Sections 29 and 30; Thence North 89013'04" West, 30.00 feet to the northeast corner of Lot 13, Block 2 of said Larkwood Subdivision, said point being the REAL POINT OF :aEGINNING; Thence.South 00000'00" West, 30.00 feet on the easterly lot line of said Lot 13, which line is also the westerly right-of-way line of North Locust Grove Road; Thence leaving said lot line and right-of-way line, North 89013'04" West, 1091.11 feet; Thence South 00000'00" West, 45.00 feet; Thence North 89013 '04" West, 45.00 feet; Thence North OOoOO'OO"-East, 45.00 feet; Thence North 89013'04" West, 20.00 feet to a point on the lot line common to Lots 2 and 13, Block 2 of said Larkwood Subdivision; Thence North 00000'00" East, 30.00 feet on said common lot line to the northerly lot comer common to said Lots 2 and 13; PREPARED BY: Engineering NorthWest, LLC James R. Washburn, PLS Page I of I April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 26, 2005 ITEM NO. 5-1 REQUEST Une Item Transfer for the Centrate Basin Construction AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~r/ Contacted: Emailed: Date: Stoff Initials: Phone: Materials presented at public meetings shall become property of the Clly of Meridian. CitY of MeriClian Public Works DeRt. Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 04/21/2005 Re: Proposed Agenda Item for April 26, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the April 26 City Council Agenda, under Consent Agenda, for Council's consideration: * 1. Centrate Basin Construction. The Public Works Department would like to request a line item transfer totaling $130,000 for the Centrate Basin Construction line item number 96159 from two budget line item numbers: 94400 - Truck Bay & Wash Rack 96155 - Wastewater Thickener Project $80,000 $50,000 To complete the Truck Bay and Wash Rack that will be constructed as a part of the Centrate Basin Construction this line item transfer is necessary. The attached spreadsheet documents the expected cost estimate for the Truck Bay and Wash Rack addition to this project. Recommended Council Action: The Public Works Department recommends that City Council approves the line item transfers for the Centrate Basin Construction. 2. Well 20B. The Public Works Department would like to request a line item transfer for the construction of the Expansion of Well 20 from the Well 29 budget line item number 96120. 96167 -We1l20B $300,000 To complete the construction of the Expansion of Well 20 this line item transfer is necessary. . Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves the line item transfer for Well 208. 3. Chanae Order NO.1 for the Centrate Basin Construction. Additional work is required for the completion of the Centrate Basin Construction. This change order consists of the following work: Construction of the Truck Bay and Wash Rack to wall in, insulate, and heat two bays of the Vehicle Garage and to house the two sludge trucks. RSCI submitted a cost for this change order as summarized below: RSCI $112,050.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Centrate Basin Construction with RSCI for $112,050.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 26, 2005 ITEM NO. 5-J REQUEST Line Item Transfer for Well 20B AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached wtrfi ,rJ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo City Of Meridian City Clerk Office To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 04/21/2005 Re: Proposed Agenda Item for April 26, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the April 26 City Council Agenda, under Consent Agenda, for Council's consideration: i 1. Centrate Basin Construction. The Public Works Department would like to request a line item transfer totaling $130,000 for the Centrate Basin Construction line item number 96159 from two budget line item numbers: 94400 - Truck Bay & Wash Rack 96155 - Wastewater Thickener Project $80,000 $50,000 To complete the Truck Bay and Wash Rack that will be constructed as a part of the Centrate Basin Construction this llne item transfer is necessary. The attached spreadsheet documents the expected cost estimate for the Truck Bay and Wash Rack addition to this project. Recommended Council Action: The Public Works Department recommends that City Council approves the line item transfers for the Centrate Basin Construction. \f 2. Well 20B. The Public Works Department would like to request a line item transfer for the construction of the Expansion of Well 20 from the Well 29 budget line item number 96120. 96167 - Well20B $300,000 To complete the construction of the Expansion of Well 20 this line item transfer is necessary . . Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves the line item transfer for Well 20B. 3. Chanae Order No. 1 for the Centrate Basin Construction. Additional work is required for the completion of the Centrate Basin Construction. This change order consists of the following work: Construction of the Truck Bay and Wash Rack to wall in, insulate, and heat two bays of the Vehicle Garage and to house the two sludge trucks. RSCI submitted a cost for this change order as summarized below: RSCI $112,050.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Centrate Basin Construction with RSCI for $112,050.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 April 22, 2005 MERIDIAN CITY COUNCIL MEETING April 26, 2005 APPLICANT ITEM NO. 5-K REQUEST Change Order No. 1 for the Centrate Basin Construction AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~~ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 04/21/2005 Re: Proposed Agenda Item for April 26, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the April 26 City Council Agenda, under Consent Agenda, for Council's consideration: 1. Centrate Basin Construction. The Public Works Department would like to request a fine item transfer totaling $130,000 for the Centrate Basin Construction line item number 96159 from two budget line item numbers: 94400 - Truck Bay & Wash Rack 96155 - Wastewater Thickener Project $80,000 $50,000 To complete the Truck Bay and Wash Rack that will be constructed as a part of the Centrate Basin Construction this line item transfer is necessary. The attached spreadsheet documents the expected cost estimate for the Truck Bay and Wash Rack addition to this project. Recommended Council Action: The Public Works Department recommends that City Council approves the line item transfers for the Centrate Basin Construction. 2. Well 20B. The Public Works Department would like to request a line item transfer for the construction of the Expansion of Well 20 from the Well 29 budget line item number 96120. 96167 -We1l20B $300,000 To complete the construction of the Expansion of Well 20 this line item transfer is necessary. . Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves the line item transfer for Well 20B. J/< 3. Chanae Order No.1 for the Centrate Basin Construction. Additional work is required for the completion of the Centrate Basin Construction. This change order consists of the following work: Construction of the Truck Bay and Wash Rack to wall in, insulate, and heat two bays of the Vehicle Garage and to house the two sludge trucks. RSCI submitted a cost for this change order as summarized below: RSCI $112,050.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Centrate Basin Construction with RSCI for $112,050.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 CHANGE ORDER NO.1 ~ DATE OF ISSUANCE EFFECTIVE DATE OWNER City of Meridian CONTRACTOR RSCI Contract: CentrateE3asin Construction Project: Centrate Basin Construction OWNER's Contract No. N/A ENGINEER ENGINEER's Contract No. N/A You are directed to make the following changes in the Contract Documents: Description: This change order consists of the following work: Construction of the Truck Bay and Wash Rack to wall in, insulate, and heat two bays of the Vehicle Garage and to house the two sludge trucks. Reason for Change Order: To construct the Truck Bay and Wash Rack that was budgeted in 2005 as a part of the Centrate Basin Construction. Attachments: (List documents supporting change): Faxed estimate from RSCI. CHANGE IN CONTRACT PRICE: Original Contract Price $ 474065.00 Net Increase (Decrease) from previous Change Orders No. ~ to ~ : $ 0 Contract Price prior to this Change Order: $ 474 065.00 Net increase (decrease) of this Change Order: $ 112050.00 Contract Price with all approved Change Orders: $ 586115.00 RECOMMENDED: ACCEPTED: By: By: Clint Dolsby, Staff Engineer Contractor Date: Date: Approved by City Council: CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. _ to No. Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) APPROVED: ATTEST: By: By: Tammy de Weerd, Mayor William G. Berg, Jr. City Clerk Date: Date: EJCDC 1910-8-B (1996 Edition} Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications lnslilute. tn 'C in .c /I) ns ~ ~ o :s ~ ~ & ~ ~ C n:l :s "i: Q) ::a:: ...J i! ~ o ...J CI,l ~ :E ~ fJ a::: ~ ] ~ ~ ~ ~ o o ~ o M ~8 :itf ;N~~ono a~~a~* * ~ !~i ~ ;~~ ~ ~~~ ci OCl,l E....I ~~1ii ~~~ ~.-~~g~ t:n :Em ~j Ii III i i=- ~ Cl ._ Glll';: unt~ ~a C!ci ~~ ~0 J @) (5 ono CDN on ~ ~ iii o o g8 ~a ~~a~ ~.!2~Ui 010 ~~~~ 0> :2 ] ~ E <ll jj CD It) &j (l) o :Eu ~~ ....Ill.::C ~~~ 0::3:3: 1-1111lJ ~if oil :x: (.J w :IE ~~~ ~4i~ ~ ~I ~ ~ o I- ~ g ~ 19 {3. i r:n " to .c I/) ctI :!: .:sf. o :::::J ~ ~ i ~ ns :a "i: ~ ~ -J ~ g :i w ~ o .D -J (J) ~ ~ ~ ~ a:: ~ .... i ::E ~ n,\ ~ ~ o o N o ;g8 :i~ ~f'.l~~lt)Q ~~~ami N"'''' N ....... ..,. ~ ;;I;Nl') .... ... ..,. ... ..,. I'- ;~~ ~ ~ ~~~ ci ~~ ~~'tii (1).......- ~T-~~g~ ~$ ~! II i ~ Q) !!! Cl all' C9'go nii~ ~~ <0 I'- ~~ ....... o ~~ J @) 3 lION ~~ It) .... ~ n:l n:l Q) Q) g8 ;1~ ~~a~ ~ ci ~.2l..!!'t; 010 ~~~~ OJ :2 ] ~ € II OJ :Eo ~~~ -JD..:I:o 0( . . 2 ~ ~ f f~ ~ ~if~ "" :r ~ ::s ~~~ ;i:t~ ~ ~~ ~ 8 *- o ~ ~ 3 {: ..HUU~ April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 26, 2005 ITEM NO. 5-l REQUEST Agreement for Well 27 Test Well Oversight with Hydro Logic AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POUCE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached M,ruvU Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: William Berg, Jr. From: Lenard Grady cc: Brad Watson Date: 4/21/2005 Re: Proposed Agenda Items for April 26, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the April 26 City Council consent agenda: Well 27 Test Well Oversiaht with Hvdro Loaic: Attached is an agreement for geotechnical services with Hydro Logic for Well 27 Test Well. The T&M amount is not to exceed $20,625. Recommended Council Action: The Public Works Department recommends that City Council approve the contract with Hydro Logic for Well 27 Test Well Oversight for $20,625.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of... Lenard Grady StaLTEngineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898.5500 Fax: (208) 898-9551 grndyl@metidiancity.org STANDARD FORM OF AGREEMENT BETWEEN O\VNER AND CONSULTANT ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the _ day of ~ in the year 2005 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Hydro Logic, Inc. (hereinafter called CONSULTANT). OWNER and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONSULTANT will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes securing regulatory approvals, well design, drilling oversight, construction inspection, hydraulic testing, water-quality sampling, and developing a final report for City test-well number 27. The Project for which the Work under the Agreement is described as: Geotechnical Services for Test Wen #27. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The CONSULTANT will be familiar with the specifications. Article 2 EN GINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within one hundred twenty (120) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONSULTANT for completion of the Work in current funds as follows: Total Contract Price is $20,625.00. Article 5 PAYMENT PROCEDURES. The CONSULTANT will submit Application for Payment as the work progresses but not to exceed one invoice per month. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONSULTANT's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day ofiliat month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 4/13/2005 Page Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONSULTANT'S REPRESENTATIONS. In order to induce the O\VNER to enter into the Agreement, the CONSULTANT makes the following representations: 7.1 The CONSULTANT has familiarized itselfwith the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONSULTANT has studied carefully all drawings of physical conditions. 7.3 The CONSULTANT has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONSULTANT. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONSULTANT concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - Attachment A = Cost spreadsheet and Attachment B = Work tasks narrative. 8.3 Information for Bidders - N/ A. 8.4 Drawings - N/ A. 8.5 CONSULTANT's Quote-12th of April, 2005. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONSULTANT prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 4/13/2005 Page 9.2 OVv'NER and CONSULTANT each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONSULTANT have signed this Agreement in triplicate. One coooterpart each has been delivered to OWNER, CONSULTANT and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONSULTANT or by ENGINEER on their behalf. The Agreement will be effective on ,20~ Owner CITY OF MERIDIAN CONSULTANT Hvdro LOf!ic Inc. By: By z: :+~~ Edward aUlres PresIdent Name: MavorDe Weerd Name: Attest: Attest: Name: William Ben! Jr. City Clerk Name: 4/13/2005 Page (J R u ~ ..1i1. ~ ~ ;; o ~ --fJ~ ~~ Q) s::: ti ~ < ..... ,= Cl) e ,.C' eJ e'd' 0\ ..... ..... &2 < N ;$; 00 0 N M ~ ~ 8 g '0 r:Q If'l ('l N ~ ~ ~ I,Q u ~ <A 0;; ti .... zf <A <A ~ oj .~ 0; 0 I ~ .... .... ~ ~ ~ ~ ~ 0;; ~ z;; 0 ~ fA ~ ~ '01> o-l ::: If'l ~ O/J fA ~ ~ ~ ~ ~ ~ ~ to- :;; IE S. fA fA z;; ..... :s E ~ ,5 Cl ~ ~ ..c ." 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(Fax) 342-3100 hvdrolollic@awest.net April 12, 2004 Attachment B. Mr. Lenard Grady Public Works Department City of Meridian 600 East Watertower Meridian, Idaho 83642 Hydrogeologic Design, Consultation, Inspection Services & Oversight of the Construction and Sampling of the Proposed City of Meridian's # 27 Test Well Dear Len: I have developed a scope of work, and estimated costs to work with you and the City on the specifications, design, drilling, construction, and hydraulic testing of a new exploratory test-well for the City water supply. We understand that finished water-quality in a subsequently drilled supply well is a major concern of the City and this proposal is directed toward developing the best understanding of subsurface conditions, including groundwater chemistry and the hydrogeologic framework, to provide the best possible knowledge for the City to base its water resource decisions. I have tabulated the costs to complete the work as a single project on the attached spreadsheet. The cost estimates are considered maximum amounts and I would recommend a 15 percent contingency owing to the inherent unkno\V11s of subsurface exploration and drilling. We stand ready to commence the work right away and to proceed continuously to completion of the project without interruption. The following narratives correlate with the spreadsheet tasks to explain, in more detail, the scope of work. Regulatory Permitting This task includes obtaining drilling permits and associated waivers for PVC casings, and multiple completion intervals. All available information, including Driller's Reports, water quality, water-levels, well locations, nearby sources of pollution, existing City water rights files, and other site characteristics will be reviewed. Digline will be contacted for buried utilities. Technical Well Drilling Specifications and Bid Documents. Contractual agreements, specifications and bid documents for the test-well will be developed. Hydro Logic, will field calls from prospective drillers concerning the specifications and procedures. Project Coordination With Staff, Driller, and City. This includes staff briefings, meetings at the City, calls to and from the driller, e-mails, transmittallette~s, and faxes to the City over the entire length of the project and as the project progresses. Includes pre-construction conference with driller and City. On Site Well Drilling and Surface Seal Oversight. This task includes measurement of the drillers tools, on-site observation of the surface seal casing depth and verification of the surface seal according to IDWR rules. A geologist will be on site during drilling to ensure good sampling of the drilled geologic section and to arrest drilling at the selected depth. This task includes the design and oversight of the drilling and on-site logging of the drill cuttings. Final Well Design. Sieve analyses of target aquifer sands will be conducted and a graphic lithologic log will be constructed from cuttings and compared and interpreted with respect to geophysical logs of the test-well. Geophysics will be interpreted to most accurately place aquifer/aquitard units with respect to screen locations and optimum yield of the supply well to follow. Casing, Surface Seal, Well ScreenlFilter Sand Installation and Oversight. On site inspection services to include installation and centralization of the PVC casing including observation and documentation of the full-depth surface seal and seals between piezometer completion zones. Piezometer screens, filter sand specifications, and depth placement will be verified by tagging and volumetric calculations. Measurements will be taken for as-built construction drawings. Hydraulic Testing, Well Development, and Sampling This task includes coordination and observation of well development techniques of up to four piezometer tubes. We will oversee the testing which will mostly consist of air-lift development testing to clear residual drilling muds from the piezometers followed by the installation of a sample pump to obtain water quality samples from four zones. Water samples will be analyzed for DEQIUSEP A water quality requirements for Public Drinking Water Systems and delivery to the lab of City's choice. Includes on-site supervision of sampling protocol and pump-sampling equipment. Field parameters of temperature, pH, conductivity, dissolved oxygen, oxidation reduction potential, and sand content are to be measured. Laboratory costs for water analyses are not included in our cost estimate. Well Disinfection and Security Measures for the Well Head. This task includes disinfection of the completed piezometers and scheduling. The test" well bore and piezometers will be protected, covered, and secure at all times throughout the project. Final Report. A final comprehensive report to the City will be prepared. This task includes consolidation of all pertinent documentation, sketches, diagrams, plots, letters. permits, and water chemistry results into a bOlll1d document for future reference. Report will present conclusions and recommendations for completion depths, groundwater development potential for the site, and recommendations for a new municipal water supply well on the site. Respectfully submitted by: Edward Squires Hydro Logic, Inc. tJ ' , April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 26, 2005 ITEM NO. 5.M REQUEST Wastewater Treatment Plant Expansion Project Task Order No.2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached rarJ fvf1 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. APR 2 1 2005 City OfMeridiau City Clerk Office Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Brad Watson, P.E., Public Works Director Date: 4/20/2005 Re: Proposed Agenda Item for April 26, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 26 City Council agenda, under Department Reports, for Council's consideration: Wastewater Treatment Plant Exoansion Proiect Task Order No.2. Carollo Engineers has submitted a task order, scope of work, and budget for this design project based on updated population projections. They propose to complete the work for $351,179. This is an extension of the agreement between the City of Meridian and Carollo Engineers approved by City Council on the 26th of October, 2004 for the Wastewater Treatment Plant Expansion Project. This project consists of preparation of design documents for bidding and construction of process improvements for the wastewater treatment plant to provide additional capacity. The additional items to be included in the Wastewater Treatment Plant Expansion Project approved October 26, 2004 include an aeration basin expansion, RAS and WAS improvements, digester sludge transfer pumps and piping, a larger biosolids drying facility and post aeration blowers. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Treatment Plant Expansion Project Task Order No. 2 with Carollo Engineers for $351 f 179 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 TASK ORDER NO.2 CITY OF MERIDIAN (OWNER) AND CAROLLO ENGINEERS, A PROFESSIONAL CORPORATION (ENGINEER) This Task Order is issued by the OWNER and accepted by the ENGINEER pursuant to the mutual promises, covenants and conditions in the Agreement between the above named parties dated the _day of , 2005, in connection with: Wastewater Treatment Plant Expansion Project (Project) ENGINEER'S SERVICES The ENGINEER's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as engineering design of the OWNER's wastewater treatment plant. BACKGROUND The Wastewater Treatment Plant Facility Plan Update (Facility Plan) received formal approval from the Idaho Department of Environmental Quality (DEQ) in January 2005. The Facility Plan provided recommendations for a twenty-year service period to the year 2023, based on population data and growth rates provided by the City over the periOd from 1990 through 2001. However, updated population projections from 2002 through 2004 after the Facility Plan was completed show significantly higher growth rates than originally assumed. A phasing schedule was provided in the Facility Plan for the needed capital improvements to expand treatment capacity and provide redundancy. The recommendations for the initial Phase I improvements provided a maximum month WWTP capacity of approximately 5.5 million gallons per day (MGD). This capacity may be needed as soon as 2009, based on the most recent growth rates. The Phase II improvements would provide a maximum month WWTP capacity of approximately 9.1 MGD, which may be needed by 2015, much earlier than 2023 projected in the Facility Plan. The OWNER requested a revised design schedule to prioritize the bidding and construction of the liquid-phase wastewater treatment facilities. This Task Order amends the schedule provided in Task Order 1, with a phased design schedule to provide separate bidding documents for the liquid-phase treatment, followed immediately by design and bidding of the solids-phase treatment elements. Exhibit A provides the probable costs of construction of the upgrades, including the items originally defined in the Facility Plan, plus the revised items as described in this Task Order. -1- TASK 1 - ADDITIONAL CAPACITY EXPANSION This task includes the preparation of design documents (drawings and specifications) for bidding and construction of process improvements for the Meridian Wastewater Treatment Plant (WWTP), to provide additional capacity. The additional design elements under this Task Order to be included in the Wastewater Treatment Plant Expansion Project shall consist of the following: 1.1. Aeration Basin Expansion. 1. The scope of Task Order 1 was based on the recommendations for the Phase 1 improvements in the Facility Plan, which provided three aeration basins for a maximum month WWTP capacity of 5.5 MGD. Addition of the fourth aeration basin will provide maximum month WWTP capacity of 9.1 MGD. 2. Addition of Aeration Basin No.4 shall include the 175 feet long by 34 feet wide aeration basin with internal baffles for zones to achieve biological nutrient removal, complete with mixers, diffused aeration equipment, and mixed liquor recycle pumps. Basin NO.4 will be constructed with a common wall to Basin No.3. 1.2. Return Activated Sludge and Waste Activated Sludge 1. The recommendations in the Facility Plan included addition of new Return Activated Sludge (RAS) pumps in the existing RAS Pump Room. However, the existing piping and common piping connections limit the capacity and the process flexibility of this system. The existing RAS pumps will remain as dedicated pumps for the existing Secondary Clarifier No.3. 2. Alternatives to provide specific RAS control for the existing Secondary Clarifier No.4, as well as RAS control for the new Secondary Clarifier No.5 will be evaluated. RAS alternatives will include gravity flow return for combined pumping in the Aeration Basin Influent Pump Station. Hydraulic control will evaluate weir control gates, or control valves, with flow metering. The alternatives will be presented to the OWNER for review and comment prior to proceeding with detail design. 3. The existing rectangular Secondary Clarifier No.2 will be converted into a RAS control wet well. The two new RAS wet wells will enable capacity to return 80-percent of the peak hour flow, as defined in the Facility Plan. Dedicated RAS flow meters and piping will be provided for each of the Secondary Clarifier No.4 and NO.5. 4. Two new submersible Waste Activated Sludge (WAS) pumps will be provided to permit redundancy and sludge wasting directly from Secondary Clarifier No.4 and No.5. 1.3. Anaerobic Digester Sludge Transfer Pumps and Piping. 1. The existing Anaerobic Digester NO.1 and No.2 overflow by gravity into Anaerobic Digester NO.3. The existing piping causes problems from plugging and there is no flexibility to permit sludge transfer to the proposed Anaerobic Digester NO.4. -2- 2. The north side of the existing mechanical building for Anaerobic Digester No.1 and No.2 will be extended by approximately 8-feet to enclose piping modifications, digester stand-pipes, and sludge transfer pumps. The building expansion is expected to be structural steel construction with fabricated steel siding. 3. Two new progressive cavity sludge transfer pumps will be installed to pump digested sludge from Anaerobic Digester No.1 and No.2 to other anaerobic digesters. 4. Transfer piping for digested sludge and hot water circulation will be installed in a (precast) concrete trench enclosure to permit maintenance access and improve thermal insulation. 5. The existing PVC primary sludge piping from Primary Clarifier NO.3 to Anaerobic Digester No.1 and NO.2 will be replaced with glass lined ductile iron pipe. 1.4. Biosolids Drying Facility. 1. The biosolids drying system recommended in the Facility Plan was estimated to serve a population of approximately 78,000, with solids handling capacity for 4,400 wet tons per year. The revised population projection shows that the service population may increase to 140,000, and require solids handling capacity of 12,000 wet tons per year. 2. References of dryer systems will be investigated to evaluate the potential costs and process benefits associated with storage and drying of undigested Thickened Waste Activated Sludge (TWAS). Alternatives for storage and/or digestion of TWAS and blending of digested primary sludge will be presented to the OWNER, and included in the solid-phase design documents. 3. Based on the most current evaluation of alternatives with the OWNER, the dryer model best suited for the revised population projections is the Andritz, Model DDS 20 dryer system with capacity for 12,200 wet tons per year. The dryer system will include a wet storage hopper, pellet cooling system, and gas purge system for fire protection. A Regenerative Thermal Oxidizer (RTO) system will also be included for odor control, , and to eliminate the visible steam plume. ENGINEER will submit technical data for the required air quality permitting. 4. The system will include dried biosolids storage silos with volume of 15,000 cubic feet. The storage facility will include truck loading equipment, fire safety system, and mineral oil injection for dust control. 1.5. Post Aeration Blowers. 1. Expansion of the aeration basins requires the entire available capacity of the existing centrifugal blowers to be used for aeration process air. The existing blowers are currently supplying both the aeration basins, and the final post aeration system, and there is insufficient capacity for post aeration. -3- 2. New multi-staged centrifugal blowers will be provided for the post aeration process. The blowers will be located along the eastern side of the existing Mechanical Building, in the area formerly used for storage of chlorine containers. Two blowers will be provided, each with capacity for 1,600 scfm. Air will be supplied to the existing diffusers in the Post Aeration Basin. Space for one additional blower will be provided for future capacity. Aeration diffuser assemblies removed from the existing aeration basins will be retrofitted and installed in the former chlorine contact tanks. 3. The steel beams for the former chlorine container hoist will be demolished. The post aeration blowers will be enclosed in a new building addition, constructed of masonry block with flat composite roof deck, to match the existing structure. TASK 2 - BIOSOLlDS DRYER PROCUREMENT PACKAGE This task includes the preparation of direct purchase documents for the OW NER to procure the sludge dryer in advance of the schedule for the general construction contract for the solid-phase improvements. Task Order 1 provided the basic procurement package for the dryer system, as recommended in the Facility Plan. Under this Task Order, the dryer system procurement package will be modified to include the following additional items: · Larger capacity dryer system, Andritz DDS 20 . Wet cake storage and wet cake feed pumps . Pellet cooling system · Storage silos (15,000 cubic feet) with a gas purge system · Dust control pellet oiling system · Regenerative Thermal Oxidizer (RTO) system for odor control. The procurement package will utilize ENGINEER's standard OWNER agreement with procurement terms and conditions, modified as appropriate for this application. Bidding documents will include technical specifications, experience and qualification requirements, insurance and bonding, as well as startup and technical support services. Direct procurement will enable delivery of the dryer to be installed under the general contract for solid-phase improvements. TASK 3 - BID PERIOD ASSISTANCE This task includes the preparation of project bidding documents. The Wastewater Treatment Plant Expansion will be divided into two general contracts, consisting of the following division of the work: . Wastewater Treatment (liquid-phase) Expansion · Biosolids Treatment (solid-phase) Expansion. The ENGINEER will deliver completed, original bidding documents for each general contract to the OWNER. The OWNER will be responsible for printing and distribution of plans and specifications to potential bidders. ENGINEER will provide the following services during the bidding phases for the two contracts: 3.1 - Attend Pre-Bid Conferences. The ENGIN EER shall attend and conduct the project pre-bid conference and site tour as the City's design representative. 3.2 - Addenda Preparation. Responses to bidder inquires shall be provided, and as -4- appropriate, addenda shall be prepared and delivered to OWNER. OWNER shall distribute addenda to plan holders. 3.3 . Bid Openings and Bid Evaluations. ENGINEER will attend bid openings, and at the City's discretion, tabulate and review all bids received; check references of bidders, and prepare bid evaluations and recommendations. 3.4 . Conformed Drawings and Specifications. ENGINEER shall provide conformed drawings and specifications to include all changes made by addenda during bidding. Conformed drawings and specifications will be prepared within 21 days after Notice-to- Proceed with construction. Engineer shall provide one conformed full-size set of drawings, one conformed half-size set of drawings, and one conformed set of specifications to the OWNER, for copying. PROJECT DELlVERABLES The following deliverables will be prepared as part of the project: Wastewater Treatment (liquid-phase) Expansion: A. 50 Percent Design Submittal (5 copies to the City). B. 90 Percent Design Submittal (5 copies to the City, 3 copies to the state DEQ). C. Final Design Submittal (1 original to the City). D. Cost Estimate at 50 Percent, 90 Percent, and Final Design. Biosolids Treatment (solids-phase) Expansion: A. 30 Percent Design Submittal (5 copies to the City). B. 50 Percent Design Submittal (5 copies to the City). C. 90 Percent Design Submittal (5 copies to the City, 3 copies to the state DEQ). D. Final Design Submittal (1 original to the City). E. Cost Estimate at 50 Percent, 90 Percent, and Final Design. Sludge Drier Procurement Package A. DRAFT Technical Specifications (5 copies to the City). B. DRAFT Bidding and Contract Documents (5 copies to the City). C. Final Procurement Documents (1 original to the City). Addenda (1 original to the City). Meeting Minutes (to all meeting attendees). Bid tabulation, analysis, and recommendation. SERVICES TO BE PROVIDED BY THE OWNER OWNER will provide the following services to support ENGINEER in completion of the above tasks: 0.1 - Review and Comment. Provide timely review of ENGINEER's deliverables, to incorporate City comments and information into final design, during the workshops to be conducted as described under Task 1. -5- 0.2 ~ Facility Documentation. Provide necessary information from previous projects and from plant operating data for ENGINEER to complete all above tasks. OWN ER will pay fees associated with permits for construction of the project from state and local agencies. 0.3 ~ Bid Document Distribution. OWNER will print final design bid documents and addenda (based on originals provided by ENGINEER) and distribute to interested bidders, during the bid period. SCHEDULE The project schedule will complete the design and bidding for the Wastewater Treatment Expansion, in advance of the dryer procurement package and the Biosolids Treatment Expansion contract. TIME OF COMPLETION The target project milestones for completion are: Wastewater Treatment (liquid-phase) Expansion: Fifty Percent Contract Documents Ninety Percent Contract Documents Complete Contract Documents Estimated Bid Opening Biosolids Dryer Procurement Documents May 11 , 2005 July 13, 2003 August 17, 2005 September 22, 2005 Draft Technical Specifications July 27,2005 Draft Bidding and Procurement Documents August 31, 2003 Complete Procurement Documents October 12, 2005 Estimated Bid Opening November 3, 2005 Biosolids Treatment (solid-phase) Expansion: Thirty Percent Contract Documents Fifty Percent Contract Documents Ninety Percent Contract Documents Complete Contract Documents Estimated Bid Opening October 26, 2005 December 7,2005 January 25, 2006 February 22, 2006 March 30, 2006 The ENGINEER will perform its services in a manner that will permit the OWNER to meet this schedule unless delayed due to a cause beyond the ENGINEER's control, at which time the ENGINEER's compensation may be subject to an increase. -6- COMPENSATION OWNER shall pay ENGINEER on an hourly basis in accordance with the attached engineering cost estimate and fee schedule (Exhibits B and C). Subconsultants shall be invoiced at ENGINEER's cost plus ten (10) percent. All other direct costs shall be invoiced at the actual cost. ENGINEER's total compensation for the Scope of Services identified in this Task order shall not exceed the amount of three hundred fifty one thousand one hundred seventy nine dollars ($351,179) without additional authorization from OWNER. The ENGINEER shall submit monthly statements to the OWNER based on the ENGINEER's labor and expenses accrued at the time of billing. OWNER shall make monthly payments in response to ENGINEER's statement. EFFECTIVE DATE This Task Order No.-L is effective as of the _ day of 2005. IN WITNESS WHEREOF, duly authorized representatives of the ENGINEER and of the OWNER have executed this Task Order No.2 evidencing its issuance by OWNER and acceptance by ENGINEER. CAROLLO ENGINEERS, A Professional Corporation OWNER By: By: Brad Watson, P.E. Public Works Partner By: By: Partner Tammy de Weerd, Mayor By: William G. Berg Jr. City Clerk Approved by Council: -7- c m ii: ;::) ~ m Q) >- c m ii: III C E ~ 2 ~ ~ m o ~ (f) o o l- ~ o g: ..J ~ ~ Q) 8N (J)tj ~8 ~~ <( o ~~ o a.. u.. Q) j & ffi~ ~~ DE ~& l'~~ Iii f-~~ (\lEU: ~ !~ 00 a~ in ~ ! ~~ "5. 0 a.. ~~ Q) ~~ !tiill ~ ~ ~ ~ ~~ M - o ~ ;; ~ .Q ~~ UE ~~ (\la.. -gc 8 "e ~~ Ii o o ~ g o ~ ~ o o gg ~ ~~ o o ~ ~ ~ 00 00 ~~ ~~ c Q) '0 E ~ m ~C>> : ~~ I HI ~ ~ "~:5 Uh ! g~~ un c I ~ o<:l .~ l "0 "0 (f) ia ~ o ~ ~ CI) <11 "0 ~ ~g 0 ~~ ~ - ~ f~ ~ 115 "0 ~ :5 ~! 00 ~~ Q) (\l ::J J '0 .l!l (J) Z'W l~ Q) 0- Q) '"0 W ::J Q) ~~ 11 5.n 01010 U) 0 ~ ~ ~ ~ i ~ f ~ .?;>Q) '2 ~ :~ ~ ~i ~~ ~lij ~ ~g Q) o 0 C\l C>> j.~i~ 1111 ~i~ ~ ~;~~ ~H! III! o "'" <:5 ~ 0 t ! I"-. ,..; II ~ <! ~ !!;. o U ~ ~ o t-- N j ~ ::I 8 ~ ia g 8 ~ I ~ 0 ,.. ~~ ~~ ~~ ~~ ,..~ o~ ~ ~ ~u ('"PU.U!;) J.jll'H Il""S (.t:l!l(l.2pnlS) 5u!J;);)Ufiiu3 UO~S!^ (2u!^o.unsl '"O!lUIOS PU", 2"~.ou!2"3 oa (v~w.!.S) ill';)!Utp~loaD 2"!~oo~J l'U!~ SJ:JueJaJS.l;)uS~S:;)a j::XJU~'8'ua uO~lelU;)WIU1SUI pU'I'O~lOOI3 Ja;)u!~u~ 11Un}:>lU1S O~"Oe me J.;')JU~'3U31;);)rOJd odd!~.~ W!.!. j:;}S'Eluuy,; pafOJd c ~~~~~~~~ ~ cntA<""..i'~--=M C;;; _oo~>.o;!~~ ~v~~~ ~~~~=g Vl ~I..O~~~~ ~~~rt~= N>.O~g~$ -~~("'1t"-~ j if ~ &f ~ ":T~VOO ~ ~~:S"=t ~ OO~OON I ;::; .- j i:Q ~f ~I ~ ~ ~ ~ ~ <:; ~ ~ ~ r- ~ := 00 .. ~ N ~ v ~ N ~ ~ ~ EXHIBIT C CAROLLO ENGINEERS, PC FEE SCHEDULE As of March 1, 2005 Boise, Idaho Engineers/Scientists (E/S) E/S I E/S II E/S III E/S IV E/S V E/S VI E/S VII E/S VIII Partner Engineering Aides (EA) EAI EAII EA III EAIV EAV EA VI EA VII Engineering Technicians (ET) ETI ETII ET III ETIV ETV ETVI ET VII ET VIII Support Staff Office Aides Clerical Word Processors Project Equipment Communication Expense Travel and Subsistence Mileage Subconsllltant Other Direct Costs Expert Witness This fee schedule is subject to annual revisions due to labor adjustments. C:\Documcnts and Scttings\dolsbye\Loeal Seuings\Tcmporary Intemcll'iles\OLK78\B0T March 2005 Fee Seh.doc Hourlv Rate $88.00 100.00 122.00 137.00 143.00 l65.00 179.00 195.00 L97.00 48.00 68.00 84.00 1 18.00 NA 133.00 140.00 59.00 64.00 69.00 75.00 88.00 98.00 116.00 147.00 41.00 59.00 73.00 7.50 at cost A05/mile Cost + 10% Cost + 10% Rate x 2 April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 26, 2005 ITEM NO. 5-0 REQUEST Overland Road Waterline Reimbursement - Silverstone Business Campus AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached cvrrJ Contacted: Emailed: Date: Staff Initials: Phone: Materials pre.ented at public meetings shall become property of the City of Meridian. CitY of Meriaian Public WorJ(s Dept. APR 2 1 2005 Memo To: Mayor De Weerd & City Council From: Brad Watson, P.E. CC: File, City Clerk Date: 4/21/05 Re: April 26, 2005 City Council Meeting Agenda Items The Public Works Department requests that the item below be considered on April 26 City Council agenda, on the Consent Agenda, for Council's consideration. '* 1. Overland Road Waterline Reimbursement - Silverstone Business Camous. As part of the Overland Road Rebuild in conjunction with Silverstone Business Campus and the CitiCorp project, the Sundance Company had their utility contractor install stub-outs and seNices to properties north of Overland Road. We directed this work since the new road would be under a no-cut moratorium for five years. The final cost of this work is $77,055.30 (quantities have been field-verified by staff). The majority of these costs will be charged to those property owners on the north side of Overland Road who eventually connect to these Jines. Recommended Council Action: Approve reimbursement, in the amount of $77,055.30, to The Sundance Company for water and sewer facilities installed by their contractor during the Overland Road Rebuild project fronting Silverstone Business Campus. 2. Reimbursement AGreement - Silverstone Business Camous (Sundance Comoanv). The Sundance Company is requesting preparation of a reimbursement agreement in accord with the new water and sewer ordinances. You will recall that these reimbursement agreements replace the latecomer agreements of old. The Sundance Company has been working with me for quite some time to develop,pn agreement and final numbers were give to me in March. We will proceed with c~ preparation of that agreement for your approval in coming weeks. . Page 1 The issue at hand is whether that agreement can be retroactive to January 1, 2005. A portion of the new water and sewer assessment fees, which were effective that date, are designated for reimbursement. I recommend that the agreement be retroactive to January 1 since this agreement fell between the old and new ordinance, the complexity of the project and the voluminous information Sundance had to gather and we have to check, Recommended Council Action: Approve development of a reimbursement with The Sundance Company for water and sewer facilities constructed in Silverstone Business Campus based on a retroactive date of January 1, 2005. Thank you for your consideration. . Page 2 April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 26, 2005 ITEM NO. 5-P REQUEST Reimbursement Agreement - Silverstone Business Campus (Sundance Company) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. City of Meridian Public Works Dept. City Of Meridian City Clerk Office Memo To: Mayor De Weerd & City Council From: Brad Watson, P.E. CC: File, City Clerk Date: 4/21/05 Re: April 26, 2005 City Council Meeting Agenda Items The Public Works Department requests that the item below be considered on April 26 City Council agenda, on the Consent Agenda, for Council's consideration. 1. Overland Road Waterline Reimbursement - Silverstone Business Camous. As part of the Overland Road Rebuild in conjunction with Silverstone Business Campus and the CitiCorp project, the Sundance Company had their utility contractor install stub-outs and services to properties north of Overland Road. We directed this work since the new road would be under a no-cut moratorium for five years. The final cost of this work is $77,055.30 (quantities have been field-verified by staff). The majority of these costs will be charged to those property owners on the north side of Overland Road who eventually connect to these lines. Recommended Council Action: Approve reimbursement, in the amount of $77,055.30, to The Sundance Company for water and sewer facilities installed by their contractor during the Overland Road Rebuild project fronting Silverstone Business Campus. ~ 2. Reimbursement Aareement - Silverstone Business Camous (Sundance Comoanv). The Sundance Company is requesting preparation of a reimbursement agreement in accord with the new water and sewer ordinances. You will recall that these reimbursement agreements replace the latecomer agreements of old. The Sundance Company has been working with me for quite some time to develop an agreement and final numbers were give to me in March. We will proceed with preparation of that agreement for your approval in coming weeks. . Page 1 The issue at hand is whether that agreement can be retroactive to January 1, 2005. A portion of the new water and sewer assessment fees, which were effective that date, are designated for reimbursement. I recommend that the agreement be retroactive to January 1 since this agreement fell between the old and new ordinance, the complexity of the project and the voluminous information Sundance had to gather and we have to check. Recommended Council Action: Approve development of a reimbursement with The Sundance Company for water and sewer facilities constructed in Silverstone Business Campus based on a retroactive date of January 1, 2005. Thank you for your consideration. . Page 2 April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 26, 2005 ITEM NO. 5-Q REQUEST Agreement for Wireless Area Nemork Services with SourceOne, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached M~(O~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pUblic meetings shall become properly of the City of Meridian. \()s s~ ~~ ~~ AGREEMENT FOR WIRELESS AREA NETWORK SERVICES THIS AGREEMENT, made this _ day of , 2005, by and between the City of Meridian, a municipal corporation organized under the laws of the State ofIdaho, hereinafter refelTed to as nCITY'!, 33 East Idaho Avenue, Meridian, Idaho 83642, and Steve Sells of Source One, Inc., hereinafter refelTed to as "SOURCEONE", 420 W. Main Street, Suite #300, Boise, Idaho 83642, a corporation organized under the laws of the State of Idaho. 1. Statement of Work: The vendor shall furnish the material and equipment for, and perfonTI the work described herein for the consideration stipulated, and in compliance with State and City Codes. Vendor's response to the Request for Proposal is attached hereto as exhibit "A" and incorporated herein. 2. Amount of Contract: In an estimated annual amount of: Not To Exceed $78,124.49. This is not an annual amount. This is a one-time set-up fee for hardware purchase and installation with maintenance. 3. Term of Contract: The work to be performed under this contract shall commence according to the timeline set forth in Exhibit "A"_and shall terminate one year after award date, a period of twelve months, unless sooner completed or terminated as herein provided. 4. Notices: Any and all notices required to be given by either ofthe 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 33 East Idaho Avenue Meridian, Idaho 83642 SourceOne, Inc. Jay Ellis 420 W. Main Street, Suite 300 Boise, Idaho 83720 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. 5. Attornev Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys fees as determined by a Court of competent jurisdiction. 6. Assignment It is expressly agreed and understood by the parties hereto, that Source One, Inc. 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. Agreement for Wireless Area Network Services - Page 1 of 4 7. Discrimination Prohibited: In performing the Services required herein, vendor shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap. 8. Comnliance with Laws: In performing the scope of services required hereunder, SourceOne, Inc. shall comply with all applicable laws, ordinances, and codes of Federal, State, and local govenunents. 9. Changes: The City may, from time to time, request changes in the Scope of Work to be perfonTIed hereunder. Such changes, including any increase or decrease in SourceOne's compensation, which are mutually agreed upon by and between the City and the vendor, shall be incorporated in written amendments to this Agreement. 10. Termination for Cause: If, through any cause, the vendor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the vendor shall violate any of the covenants, agreements, or stipulations ofthis Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the vendor of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. If this agreement is terminated for cause the vendor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the vendor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the vendor, and the City may witWlOld any payments to the vendor for the purposes of set-offuntil such time as the exact amount of damages due the City from the vendor is determined. This provision shall survive the termination of this agreement and shall not relieve the vendor of its liability to the City for damages, provided that the amount of such damages shall not exceed the total compensation provided for in section two of this agreement. Should funding become not available, due to lack of appropriation, the City may terminate this agreement upon 15 (fifteen) days notice. 11. Vendor to Pavor Secure Taxes: The vendor in consideration of securing the business of providing wireless area network services, agrees: 1) To pay promptly when all taxes due (other than on real property), excises and license fees due the state, its subdivisions, and municipal and quasi- municipal corporations therein, accrued or accruing in accordance with conditions oftms Agreement, whether or not the same shall be payable at the end of such tenn; 2) That if said taxes, excises and license fees are not payable at the end of said term, but liability for the payment thereof exists, even though the same constitute liens upon the Vendor's property, to secure the same to the satisfaction of the respective officers charged with the collection thereof; and that; 3) That, in the event of default in the payment or securing of such taxes, excises, and license fees, that Meridian City may withhold from any payment due the vendor hereunder the estimated amount of such accrued taxes, excises and license fees for the benefit of aU taxing units to which said Vendor is liable. Agreement for Wireless Area Network Services - Page 2 of 4 12. Entire Al!reement: This Agreement contains the entire agreement of the pmiies m1d supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 13. Applicable Law: This Agreement shall be govemed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 14. Approval Reauired: This Agreement shall not become effective or binding until approved by the City of Meridian. 15. Indemnification and Insurance: SourceOne, Inc. 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 propeliy and losses and expenses caused or inculTed by Source One, Inc., its servants, agents employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. In addition, Source One, Inc. shall maintain, and specifically agrees that it will maintain, throughout the tenn ofthis Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. 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, SourceOne, Inc. covenants and agrees to indemnifY and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Source One, Inc. shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing SourceOne, Inc. fS compliance with the requirements of this paragraph and file such proof of insurance with the City. In the event the insurance minimums are changed, SourceOne, Inc. shall immediately submit proof of compliance with the changed limits. Additionally, SourceOne, Inc. shall maintain Workers Compensation Insurance regardless of the number of employees, or lack thereof, in the statutory limits as required by law. It is mutually agreed and understood by the parties that the Vendor and the vendors' employees, agents, servants, guests and business invitees, are acting as independent contractors and are in no way employees of the City. Evidence of all insurance shall be submitted to Meridian City Accounting, 33 East Idaho A venue, Meridian, Idaho, 83642. IN WITNESS WHEREOF, the City and the vendor have executed this Agreement as ofthe date first above written. SOURCEONE, INC. STEVE SELLS, PRESIDENT Agreement for Wireless Area Network Services - Page 3 of 4 CITY OF MERIDIAN ~ BY: .. . TAMMY de , MAYOR /!P. n>rr~6'J (]Try e,,~ 4-26'-1/;;- Agreement for Wireless Area Network Services - Page 4 of 4 REQUEST FOR QUALIFICA nONS FOR WIRELESS AREA NETWORK SERVICES CITY OF MERIDIAN RESPONDING COMPANY: SOURCEONE INe. FEBRUARY 18,2005 CONTACT PERSON: JA Y ELLIS SOURCEONE INe. 420 W. MAIN STREET SUITE # 300 BOISE, IDAHO 83720 208.38 I .0679 , 420 West Main Street, Suitll300, Boise, Idaho 83702 Voice 20B 381-0679 fax 208381-0719 www source1lnc com~ TABLE OF CONTENTS Statement of Qualifications II. Scope of Services/Skills Required III. Information Requested and Submissions IV. Proposal Costing APPENDEX A. Resumes B. Original Request for Qualifications (RFQ) C. Release Form 420 west Main StreeCSuite 300, Boise,ldaho 83702 Voice 20B 381,D679 fax 20B 381.0719 www.sourcelinc com L STATEMENT OF QUALIFICATIONS SourceOne Inc. is responding to the City of Meridian's request for qualifications to sell, implement, deploy and manage an Enterprise Class Wireless Network Solution. We understand that the Wireless Network will serve as the primary method of network communication between the different physical Department locations of the City. The nine separate locations that we will design a solution for are listed below and costs for hardware, installation and programming are included. · City Hall · Building / Planning and Zoning / Public Works · Parks and Recreation · Police Station · Waste Water Treatment Plant · Water Department · Fire Station 1 · Fire Station 2 · Fire Station 3 33 E. Idaho Ave. 660 E. Watertower Ln. ] 1 W. Bower St. 1401 E. Watertower Ln. 3401 N. Ten Mile 2235 NW 8th St. 540 E. Franklin Rd. 2401 N. Ten Mile 3545 N. Locust Grove We understand that this Statement of Qualification is to be received by 5:00PM on Friday, February 18,2005 at: City of Meridian Office of the City Clerk 33 East Idaho Ave. Meridian, ID 83642 All questions will be directed to Terry Paternoster (208) 888-4433. We understand that if we are awarded this contract, we will be required to finalize and sign a contract within thirty (30) days of the award. If we are selected to enter into this contract we will be able to provide proof of workers compensation insurance, professional liability insurance, and comprehensive general liability insurance. SourceOne Inc. is responding to the City of Meridian's Request for Qualifications (RFQ) with our Teaming Partner Zial Networks. SourceOne will be the primary contractor ("Prime") and Zial will be the subcontractor ("Sub"). SourceOne Inc. will be the primary point of contact as the Project Manager. Zial Networks will be the technical liaison providing design and implementation of the proposed solution on behalf of SourceOne Inc. 420 Wtist Main Street, Suite 300: Boise, Idaho 83702 Voice 20B 381.0679 Fax 20B 381.0719 www.sourcelmc.com II. SCOPE OF SERVICES/SKILLS REQUIRED 1. SourceOne/Zial demonstrated experience providing support of the following include: · Network Security -Wired networks have created the benchmark for security protocols throughout enterprise, government and institutional market segments. Unlike a Wireless LAN like 802.1 ] b or 802.1 ] a where the standard is open, Zial uses vendors that use proprietary communication signaling and data like protocols. Unless a customer has the specific vendor equipment, it would be almost impossible to intercept or spoof the wireless data streams. In addition to the proprietary data format, Zia!'s preferred vendors use several other security practices such as; Pseudo- random Transmission scrambling that scrambles the transmission with one of over 500,000 sequences; MAC Address Authentication maintains a user-configurable and password controlled table of authorized subscribers; MAC Address Filtering can be configured to filter the downlink traffic stream to prevent a subscriber from outputting traffic that is destined to another subscriber; Theft protection measures the distance of the connection to each subscriber, if one of the units is physically moved to another location, the unit will detect that the distance is different and will notify the network administrator. These five techniques, in one combination or another, have provided The Pershing School District, Digital Easy Chair, Best Western and Tuscan residents with secure fixed pointwto-multipoint wireless networking. · Network Routing -A typical large IP network, whether an ISP or a large corporate intranet, will consist of routers performing a number of different roles. It is convenient to define three major roles corresponding to each layer in the hierarchy: backbone, distribution, and access. Zial has experience in all three roles. Customers include Trails West Insurance, Digital Easy Chair, Tuscany Residential and the Pershing School District. Zial engineers have several certifications acknowledging the discipline necessary to design and maintain wireless and wired networks. · Network Monitoring -Zia! uses a host and service monitoring system designed to inform clients, end-users or managers of network problems. When problems are encountered, the monitoring system can send notifications out to administrative contacts in a variety of different ways (email, instant message, SMS, etc.). Current status information, historical logs, and reports can all be accessed via a web browser. Some of the other major features included are: o Monitoring of network services (SMTP, POP3, HTTP, NNTP, PING, etc.) 420 West Main Street, SUite 300, Boise, Idaho 83702 Voice 208381.0679 Fax 208381.0719 www.source1lm:.com o Simple plug-in design that allows users to easily develop their own host and service checks. o Contact notifications when service or host problems occur and get resolved (via email or pager). o Optional escalation of host and service notification to different contact groups. o Ability to acknowledge problems via the web interface. o Web interface for viewing current network status, notification and problem history, log file, etc. o Simple authorization scheme that allows you to restrict what users can see and do from the web. Zial utilizes its monitoring system for all wired and/or wireless network deployments. Current customers include Winfinity, LLC; the monitoring system helps outsourced engineers and customer support identifY and resolve connectivity issues with reliability and consistency; Future Visions satellite backhaul nodes, in conjunction with its wireless LAN deployments, are monitored for latency, outages and other protocols requested by the customer. · Set-Up and Maintenance of Enterprise Class Wireless Network Solutions-Zial provides on-site and telephone support to customers for both wired and wireless network deployments. Best Western, Winfinity's Choice Properties and Digital Easy Chair are just a few of Zial's clients that require 24/7 maintenance and resolution service level agreements. Proxim, Motorola, Cisco and WaveRider wireless wide area network solutions are the major enterprise class systems that have been deployed and maintained by Zia! engineers and technicians. 2. SourceOne/Zial is submitting the following response based on selling, implementing, deploying and managing a Proxim Wireless Network Solution. The Tsunami Multipoint wireless Ethernet system delivers cutting-edge technology built on over twenty years of wireless innovation at Proximo Advanced features deliver reliable, costweffective to legacy-leased lines, while delivering superlative network performance. The combined throughput and reliability make the Tsunami Multipoint systems perfect for high-performance campus networks, and densely populated last mile Internet access. This point-to-point system includes the following engineering specifications. 420 wesdlain St;.eet,~S~lt; 300;"Soise, Idaho 83 702 "Voice 208 3Bl0679 -Fax 208381.0719 www.sourcellnc,com Important Note: The provided calculations below are not a guarantee of link performance. The data is provided in order to assist with the design of a wireless link using a Tsunami Multipoint product. The calculated performance may be useful for comparison with the actual system when installed. These calculations assume an unobstructed line-of-site radio path with adequate clearance for antenna height above terrain and obstructions. The availability and outage results are based on the industry- standard formulas and use the manufacturer's specified performance for transmitter output power, receiver threshold, and antenna gain. Standard factors apply for the terrain type and current climate conditions, assuming no unusual or multipath propagation. .. Proxim's link performance predictions: City Hall to Water Tower W aste Water Dept. Police Station Water Dept. Fire Station 1 Parks & Rec. Fire Station 2 Public Works Fire Station 3 100% 99.9988% 100% 99.999983% 100% 100% 99.99974% 100% 99.99965% .. Proxim's performance predictions for minute downtime per year per link: City Hall to Water Tower W aste Water Dept. Police Station Water Dept. Fire Station 1 Parks & Recreation Fire Station 2 Public Works Fire Station 3 o minlyr 6.2 minlyr .01 minlyr .87 min/yr .0 min/yr .0 min/yr 5.53 min/yr o minlyr 7.31 minlyr City Hall to Water Tower 32.1 dB Waste Water Dept. 11.4 dB .. Proxim's fade margin calculations for each link: ~ 420 West Main Street, Suite 300, Boise/Idaho 83702 VDice 20838J.D679 Fax 208381-0719 www.sourcelmc com Police Station Water Dept. Fire Station 1 Parks & Recreation Fire Station 2 Public Works Fire Station 3 18.9 dB 10.5 dB 32.8 dB 22.4 dB 13.5 dB 23.6 dB 13.0 dB · The proposed Proxim wireless solution achieves the requested 100Mbps backhaul link, with 60Mbps to the distributed network nodes with the exception of the Waste Water Treatment Plant; this site sits on the outer edge ofProxim's recommended fade margin calculation necessary to achieve the desired 60Mbps. · Please note that all of the above calculations have been reviewed and approved by Proximo All of these calculations are within their recommendations. SourceOne and Zial have the full support of the manufacturer and its engineers. References can be made available upon request. Performance, capacity and scalability are critical concerns in designing municipality networks. Whether it's expanding service footprint or connecting buildings, system performance dictates the success of critical applications and communications. The Tsunami Multipoint offers: · Industry-leading 60Mbps and 20Mbps over-the-air transmission rates. · Unrivaled 54Mbps and 18Mbps throughput rates-200% higher than closest competitor. · 99.99%+ effective interference prevention, yielding superior performance in high- density areas. · 6 miles/lOkm range, easily linking sites and extending V oIP functionality. 3. Security and other requirements of solutions: · Proxim uses proprietary communication signaling and data-link protocol (as aforementioned in Section II, Part 1). · SourceOne has read and understands the Information Systems Executive Committee's (ISEC) document related to concerns in deploying wireless networking solutions for public entities. The Proxim solution we are proposing takes into account those concerns and do address them. 420 West MaIn Street, Suite 300, Boise, Idaho 83702 Voice 208381.0679 Fax 208381.0719 www,sourcelinc.com · SourceOne's proposed Proxim solution incorporates a system that contains a user- configurable and password controlled table of authorized subscriber unit MAC addresses. , 420 Yfflst Main Street, Suite 300)oise: Iliaho 83702 Voice 20B 381.0679 fax 20B 381-0719 www.sourcelinc,com :J ~~ n'll :J 11'1, I- 0 () Q) ~ l:J C (U ~ ro 0. -2 og o J E j.:: '5 o c ~ 0 og ~ U5 (D (I) E .~ :::i ~ "'5 0. 0 -t: I G ~ N~ C E_ gg~ (Us::! ......::2;(D ~ o!~ L.L.~ (0 ~ I {ij :c .?;> (3 -2 og I E ~ '5 o :J ~~ I-. .f: ...... ~g~ ~i~ o...~ Hfli I- <(0 rill! s I- 0 J: ~: III" ~ N: III. INFORMATION REQUESTED AND SUBMISSIONS Three copies of SourceOne's response are submitted. Our response does not exceed fifteen (15) pages not including the appendices. B. To demonstrate our experience and qualifications we are providing the following information: 1. SourceOne Inc. is a voice and data technologies solutions company located at 420 W. Main St., Ste # 300, Boise, Idaho, 83720. We specialize in planning, designing and implementing Enterprise voice and data networking solutions. Our products and services offers include enterprise voice and data servers including IP, Voice Applications, Messaging Applications, SP Implementation, HACMP, Storage Management, ESS/SAN Integration Services, Server Consolidation and SecuritylWireless Applications. SourceOne has on staff certified technical personnel and network designers. We do also partner with companies who have specialized technical personnel to team on certain projects. For this project SourceOne has enlisted Zial Networks, Inc. located at the Curtis Tech Center, 6065 Corporal Lane, Boise, Idaho 83704 to enter into a teaming agreement to provide the technical and implementation functions of the City of Meridian's wireless network project. Zial Networks Inc. is a leading Internet Protocol (IP) systems integration company. They assist their clients in forging digital strategies, optimizing communications, improving customer relationships, and creating operational efficiencies. Zial's our broad range of expertise encompasses technologies ranging from current industry standards to leading edge and emerging platforms. From wireless wide area networks in rural communities, to commercial and residential wireless surveillance systems, to Voice over IP services for small and medium size businesses. 2. Principles of SourceOne, Inc. are: · Steve Sells, owner and President · Ann Sells, owner and Executive Vice President Principles of Zial Networks, Inc. are: · Chris Adams, owner and President 3. SourceOne Date ofIncorporation: July 4, 1995 _ ' 420 West Marn Street, Suite 300, Boise, Idaho 83702 Voice 208381.0679 Fax 208381.0719 www.sourcelinc com Zial Networks Date ofIncorporation: February 19,2003 4. SourceOne Hours of Operation: Monday through Friday, 8:00am - 5:00pm (MST). Zial Networks Hours of Operation: Monday through Friday, 8:00am - 6:00pm (MST). 5. SourceOne staffing turnover ratios per year: 16% for full time employees. Zial Networks Staffing turnover ratios per year: 0% for full time employees. 6. Zial Networks Technical Certifications of support agents: · Cisco, CCNA, Certified Academic Instructor · Proxim, Certified Hot Spot Specialist (PCHS), Certified WiFi Engineer (PCWE), Certified Broadband Engineer (PCBA) · Motorola Canopy Authorized Solutions Provider, Advanced Technician Certification · Network + Certification 7. Zial Networks number of total support staff available: Three (3) support staff available. 8. SourceOne names, abilities, qualifications, and experience of key personnel: Jay Ellis, Project Manager. Responsible for managing the overall project from planning, design through implementation. I will be the single point of contact for the City of Meridian for this project. My experience that is pertinent to this project is my eight (8) years sales and sales management experience with Micron PC and my two (2) years of planning, designing and implementing voice & data networks for SourceOne Inc. Zial Networks names, abilities, qualifications, and experience of key personnel: John Crowell is responsible for systems design, deployment, monitoring practices and maintenance response programs. John is also responsible for tower structural design and installation for all Municipality and Wide Area Networks. John holds an AAS in Electronics Engineering Technology. Steve Garwick is responsible for networking protocols for voice and data. Steve is also involved in the resolution of network issues, either as on-site support, or via telephone. Steve holds an MS in Mechanical Engineering. Tom Pickren has over twenty-five years of experience in the telecommunications industry holding management positions with carriers, equipment vendors, private networks and serving as a consultant to all of the above. He has worked for industry-leading start-ups, such as WilTel ~ 420 West Main Street, Siilte 300, B~lse, Idaho 83702 Voice 208381-0679 Fax 208381.0719 wwwsourcellnc,com certifications from several vendors including Proximo Mr. Pickren holds a BSEE in Electrical Engineering. 9. List of prior work or projects completed by Zial Networks: · Digital Easy Chair-Radio Frequency engineering, deployment, monitoring and maintenance for a Wireless Internet Service Provider (ISP). · Tuscany-Radio Frequency engineering, deployment, monitoring and maintenance for a Competitive Local Exchange Carrier (CLEC) with the intent to distribute broadband to a new residential community to supply Internet and Voice over IP. · BestCom-Best Western preferred vendor for engineering, deploying, monitoring and maintaining Best Western Properties throughout the US. · Future Vision-Provides satellite broadband to remote locations throughout the US to hotels, RV parks, Schools and communities. · Winfinity-A recently funded California start-up deploying wireless networks in Choice Hotel Properties with research and development, engineering, deployment, project management, provisioning, monitoring and maintenance services to each unique property. 10. Attributes distinguishing SourceOne and Zial Networks from other companies offering similar services are: SourceOne's extensive experience in deploying Enterprise voice and data networking solutions across the Country to Commercial and Government entities. SourceOne ranked # 44 on the 2004 Idaho Private 75. SourceOne's recognized customer base in the Boise valley includes; Micron Technology, Idaho State Dept of Transportation, Idaho State Insurance Fund, Idaho State Dept of Insurance, Idaho Army National Guard, Albertsons, St. Lukes Regional Medical Center, MPC Computers, Blue Cross ofIdaho, and Intermountain Gas to name a few. All of these customers are pertinent to demonstrate our ability to manage Enterprise level technology solutions. SourceOne is a Premier IBM Business Partner and an IBM Letter of Supply holder. IBM recognizes SourceOne as a top 1 % Business Partner in the nation. SourcOne is a Silver Level A vaya Business Partner and 3 Star Services Partner authorized on Avaya's GSA schedule. SourceOne is a Cisco Business Partner and through a Teaming Agreement we have Cisco CCNA and CCNP Engineering resources available. 420 West Main Street, Suite 300, BOise,Jdaho 83702 Voice 208381.0679 Fax 208381.0719 www.source1inc,com · Zial Networks provides a Proxim, Certified Hot Spot Specialist (PCHS), Certified WiFi Engineer (PCWE), Certified Broadband Engineer (PCBA), which is specific and relevant to the City of Meridian's wireless WAN project. 11. SourceOne level's and type's of insurance carried: Employment Practices Liability: Aggregate Limit Commercial Liability/Property: Umbrella: $1,000,000 $1,000,000 $4,000,000 Zial Networks level's and type's of insurance carried: General Liability -aggregate $2,000,000 General Liability -occurrence $1,000,000 Products/Complete Operations $2,000,000 Umbrella $2,000,000 Deductible $500 12. SourceOne references: (SourceOne References listed are to demonstrate SourceOne's ability to manage Enterprise technology projects. References for "similar" wireless WAN projects listed under Zial Networks). Rick Mills - Dept ofInterior/ Aviation Management (208) 433-5050 Jan Marshall- Blue Cross ofIdaho (208) 331-7571 James Whittaker - MPC Computers (208) 893-3799 Rob Rydalch - Crucial Technologies (208) 363-5775 Zial Networks references: Chris Hansen-Tuscany Shane Coppess-Digital Easy Chair Jerrel Fielder-Winfinity Joe Feyerheisen-Future Visions (208) 629-4190 (208) 353-3904 (925) 552-0680 (562) 572-7210 13. Fee Schedules: · Contract rates during business hours: · Contract rates after business hours, weekends, holidays; · Minimum billing rates and time periods: Y2 Hr. $125.00IHr. $250.00IHr. $65.00 or min. 420 West Mam Street, Suite 300, Boise, Idalio 83702 Voice 208 381 0679 Fax 208381.0719 www.sourcelinc com IV. PROPOSAL COSTING Remote Sites Qtv Total 52-5.8 GHz Antenna Directional Antenna 4 $2,827.95 MP.! la rugged SU wlo Radio 4 $3,454.54 antenna MP.l1a rugged SU wi Radio 4 $4,146.14 antenna Multipoint Accessories Termination Kit 8 $283.02 Multipoint Accessories Wall Mount Kit 4 $141.51 Mount Accessories Universal Clamp Set 8 $300.90 Mount Accessories 60" Non Pen RoofMt 5 $543.24 Mount Accessories 5' Light Duty Tripod 4 $175.67 Material LMR400 Coaxial 500 $279.19 $12,152.16 Water Tower (point of Presence-POP) Qtv Total 5.2-5.8 GHz Antenna Directional Antenna 2 $1,413.98 5.8 GHz 17 Dbi Directional Antenna (PMP: Water 3 $1,164.48 Tower) MP.l1a rugged BSU Radio 3 $5,184.41 Multipoint Accessories BSU Termination Kit 3 $106.13 5.8 GHz 100MB Bridge Radio 1 $18,136.82 Al 5.8 GHz 100MB Bridge Radio 1 $18,136.82 A2 $44,142.64 One MP.lla wlantenna for Parts Kit redundancy at City Hall. One MP.l1a wlantenna, one MP.l1a Qty Total wlout antenna & one 52-5.8 Antenna as back up units. MP.lla rugged SU wlo Radio 1 $863.64 antenna MP.lla rugged SU wi Radio 2 $2,073.07 antenna 5.2-5.8GHz Antenna Directional Antenna 1 $706.98 $3,643.69 ~420 West Main ~Street, SJite ~300, Boise, Idaho 83702 Voice 208 381.0679 Fax 20B 38]-0719 www.sourcellnc.com Total Equipment $59,938.49 Expenditure Labor Labor Configuration, Installation and 64 $8,000.00 Testing Water Tower (point of Presence-POP) Labor Configuration, InstaIIation and 16 $2,000.00 Testing Testing and Customization Labor IP routing, frequency planning, 20 $2,500.00 throughput analysis System analysis, site documentation Total Labor $12,500.00 Expenditu re Total $72,438.49 Maintenance Zial Networks Annual Maintenance $5,686.00 Cost Total Capital $78,124.49 Outlay Maintenance for the City of Meridian's Proxim Wireless WAN Solution is offered by Zial Networks. A Service Level Agreement between the City of Meridian and Zial Networks is to be drafted and agreed upon by both parties once all items are in place. Support is from lAM to lPM, seven days per week; 2-Hour Response, 4-Hour Resolution. Every effort will be made to resolve support issues during the same day the support request is made. Ziar will be responsible to monitor the network, notify the City of Meridian of scheduled maintenance, act as the liaison between Proxim and the City of Meridian for patches, updates, etc. In the event a Proxim unit fails, Zial will provide the labor services to replace the unit. Proxim Extended Warranty policy is that the City of Meridian, if it chooses, may purchase additional warranty (up to 3 years beyond the standard warranty by product) on the above Proxim equipment prior and up until the original manufacturer warranty expires. See attached Proxim Statement of Warranty. " 420 West Main Street, Sulte 300, Boise, Idaho 83702 Voice 208381.0679 Fax 208381.0719 www.source1inc,com Proxim Extended Warranty Cost: Option # 2 Extended Warranty ServPak Part Number Description List Price Units Sell PTP-I-EW 1 Year Extended Warranty on any Tsunami Point to $ 1,050.00 $ 2,100.00 Point Unit* PTP-2-EW 2 Year Extended Warranty on any Tsunami Point to $ 2,000.00 $ 4,000.00 Point Unit* PTP-3-EW 3 Year Extended Warranty on any Tsunami Point to $ 2,650.00 $ 5,300.00 Point U nit* *Includes all Tsunami Point to Point Units except the Tsunami 480 (301-27900-G) MPQB Il-BSU-l- 1 Year Extended Warranty on Tsunami MP.lllQB 120.00 360.00 EW II Base Station Unit MPQB I1-BSU-2- 2 Year Extended Warranty on Tsunami MP.II/QB 220.00 660.00 EW II Base Station Unit MPQB Il-BSU-3- 3 Year Extended Warranty on Tsunami MP.ll/QB 290.00 870.00 EW 11 Base Station Unit Includes: 2411BSU, 5054-BSU, 2411QB, 5054- BSUR MPII-SU-I-EW 1 Year Extended Warranty on Tsunami MPII Subcriber Unit 2 Year Extended Warranty on Tsunami MPII Subcriber Unit 3 Year Extended Warranty on Tsunami MPll Subcriber Unit Includes: 2411SU, 2411RSU, 5054-RSU-W A, 5054-SU, 5054-SUR, 5054SUA 60.00 480.00 MPII-SU-2-EW 110.00 880.00 MPll-SU-3-EW 140.00 $ 1,120.00 ; ~\420- Wesi Mafnsfreet, Suite 300; Boise, Idaho 83702 Voice 20B 381 0679 Fax 208381.0719 www,sourcelinc.com Statement of Warranty Warranty Coverage - Proxim Corporation warrants that its Products are manufactured solely from new parts, conform substantially to specifications, and will be free of defects in material and workmanship for a Warranty Period of 1 Year from the date of purchase except as follows: Lynx poinHo-point; Tsunami point-to-point: 2 Years ORiNOCO adapter cards: 3 Years Repair or Replacement - In the event a Product fails to perform in accordance with its specification during the Warranty Period, Proxim offers return-to-factory repair or replacement, with a thirty (30) business-day turnaround from the date of receipt of the defective Product at a Proxim Corporation Repair Center. When Proxim has reasonably determined that a returned Product is defective and is still under Warranty, Proxim shall, at its option, either: (a) repair the defective Product; (b) replace the defective Product with a refurbished Product that is equivalent to the original; or (c) where repair or replacement cannot be accomplished, refund the price paid for the defective Product. The Warranty Period for repaired or replacement Products shall be ninety (90) days or the remainder of the original Warranty Period, whichever is longer. This constitutes Buyer's sole and exclusive remedy and Proxim's sole and exclusive liability under this Warranty. Limitations of Warranty - The express warranties set forth in this Agreement wW not apply to defects in a Product caused; (i) through no fault of Proxim during shipment to or from Buyer, (ii) by the use of software other than that provided with or installed in the Product, (iii) by the use or operation of the Product in an application or environment other than that intended or recommended by Proxim, (iv) by modifications, alterations, or repairs made to the Product by any party other than Proxim or Proxim's authorized repair partners, (v) by the Product being subjected to unusual physical or electrical stress, or (vii) by failure of Buyer to comply with any of the return procedures specified in this Statement of Warranty. Support Procedures - Buyer should return defective LAN Products 1 within the first 30 days to the merchant from which the Products were purchased. Buyer can contact a Proxim Customer Service Center either by telephone or via web. Calls for support for Products that are near the end of their warranty period should be made not longer than seven (7) days after expiration of warranty. Repair of Products that are out of warranty will be subject to a repair fee. Contact information is shown below. Additional support information can be found at Proxim's web site at http://suPDorl.proxim.com . LAN products1: Domestic calls: 866-674-6626 (24 hours per day, 7 days per week) International calls:408-542-5390 WAN Products2:Domestic calls: 866-674-6626 (8:00 A.M. - 5:00 P.M, M-F Pacific Time) International calls:408-542-5390 When contacting the Customer Service Center for support, Buyer should be prepared to provide the Product description and serial number and a description of the problem. The serial number should be on the Product. In the event the Customer Service Center determines that the problem can be corrected with a software update, Buyer might be instructed to download the update from Proxim's web site or, if that's not possible, the update will be sent to Buyer. In the event the Customer Service Center instructs Buyer to return the Product to Proxim for repair or replacement, the Customer Service 1 LAN products include: ORiNOCO 2 WAN products include: Lynx, Tsunami, Tsunami MP, Tsunami Quickbridge March 9, 2004 Page 1 of 2 Statement of Warranty Center will provide Buyer a Return Material Authorization ("RMA") number and shipping instructions. Buyer must return the defective Product to Proxim, properly packaged to prevent damage, shipping prepaid, with the RMA number prominently displayed on the outside of the container. Calfs to the Customer Service Center for reasons other than Product failure will not be accepted unless Buyer has purchased a Proxim Service Contract or the call is made within the first thirty (30) days of the Product's invoice date. Calls that are outside of the 3D-day free support time will be charged a fee of $25.00 (US Dollars) per Support Call. If Proxim reasonably determines that a returned Product is not defective or is not covered by the terms of this Warranty, Buyer shall be charged a service charge and return shipping charges. Other Information Search Knowledgebase - Proxim stores all resolved problems in a solution database: htto:/Isuoport. moxim .com. Ask a Question or Open an Issue - Submit a question or open an issue to Proxim technical supp art staff: http://suoport.oroxim.comfcQi-binforoxim.cfo/oho/e ndu ser/ask.DhD. Other Adapter Cards - Proxim does not support internal mini-PCI devices that are built into laptop computers, even if identified as "ORiNOCO" devices. Customers having such devices should contact the laptop vendor's technical support for assistance. For support for a PCMCIA card carrying a brand name other than Proxim, ORiNOCO, Lucent, Wavelan, or Skyline, Customer should contact the brand vendor's technical support for assistance. March 9, 2004 Page 2 of 2 APPEND EX A RESUMES 420 West Main Street, Suite 300, BoTse, Idaho 83702 VoIce 20B 381>0679 Fax 208381-0719 www.source1mc.com APPENDEX B ORIGINAL REQUEST FOR QUALIFICATIONS (RFQ) 420 west Main ~StreeCSulte 300, Boise, Idaho 83702 ~ Voice 208 38l.0679 Fax 20838l.0719 www.sourcelinc com APPENDEX C RELEASE FORM 420 West Main Street, Suite 300, Boise, Idaho 83702 Voice 208 381 0679" Fax 208381.0719 www.sourcelmc.com Week of: April I I City of Meridian Time Line Overview: Statement of Work - Delivered to City of Meridian April 18 April 18 April 25 May 2 May 2 May 9 May 16 June 16 April 14, 2005 Contract Signed. Order Equipment. Zial Pre-Site Walk Through. Phase 1: Site-by-Site infrastructure. (Not Proxim gear). Phase 2: Site-by-Site Proxim Installation. City of Meridian will have routers ill place and internal infrastructure in place. Phase 3: Physical Cut; Test; Verification. Phase 4: "Go Live" The above timeline represents SourceOne's best estimate to deploy the Wireless WAN Solution based on our knowledge of implementing such a solution. Acceptance Document Sign Off (30 days post installation). Conference calls between SourceOne and the City of Meridian will take place before each phase begins to discuss progress and any issues/concerns that may need discussion. The calls will be pre-scheduled and will take place at an agreeable time and date where both parties are available as per the timeline. During the above calls the time line will be updated as needed as the project progresses. SourceOne will discuss all changes to the timeline with the City of Meridian prior to implementing such changes. The City of Meridian is to inform SourceOne iffor any reason the City needs to make changes to the timeline as well. SourceOne will be the primary point of contact for this project from beginning to sign off by the City of Meridian. 420 West M1lin Street, Suite 300, Boise, Idaho 83702 Voice 208381.0679 falt 20B 381.0719 www.sourcelinc.com Statement of Work Agreement Between SourceOne, Inc. and The City of Meridian INTRODUCTION The City of Meridian has requested services from SourceOne, fnc. to implement a Wireless WAN (Wide Area Network) Solution. SCOPE: CI SourceOne (S1) will provide Project Management, Engineering, Staging, Configuration and Installation Services for the Implementation of the Wireless WAN Solution. CI A S1 Project Manager (and/or Project Lead) will manage the implementation. S1 will stage the equipment to verify the components work properly and will replace any defective units. 81 APPROACH: To accomplish the implementation described in the Scope, SourceOne will perform the following tasks: Off-Site Work: CI S1 Project Manager schedules "kick off' meeting with The City of Meridian client team and S1 Technical team to confirm all requirements, timelines and objectives for project plan. CI Pre-Installation Engineering includes: review of hardware requirements and interoperability issues, determine required software levels, and review site readiness. Site reviews will include: · Verify cable paths. · Verify grounding points. · RF (radio link) paths. · Confirming mounting locations. · Generate site-specific materials list (used to insure that technicians have everything required for each site). · Submit pre-construction site plans to IT Director. · Acceptance of construction site plans by IT Director. Confidential Page 1 4/12/2005 CI Staging Coordinator responsibilities will verify component list and configuration against the sales order, manage the production schedule to meet The City of Meridian scheduling requirements, and coordinate shipping logistics with distribution operations. CI Staging Engineer will unpack, inspect and inventory all components, fully assemble each system, verify software load, recheck hardware configuration against order. Configure all radios to design specifications. Bench test each radio for RF and Ethernet operations, throughput and data rates. On~Site Work: CI Cutover meeting with End User. Review turn-up of Wireless WAN Solution. CI System integration and installation includes: rack, shelf or wall mount of system in specified location; connect power and network cables, program and test per design review meeting. Install Cat5 cabling and grounding wires to each sites predetermined mounting point. Terminate and test Cat5 and IF cables. Complete grounding circuits. Install site-specific mounting equipment and non- penetration roof mounts with appropriate fasteners. Install and align radios and conduct initial link tests. · Installation Site Order: Water Tower, City Hall, Public Works, Police Station, FS1, Parks and Recreation, Water Dept. FS2, FS3, Waste Water. o Administrator Training for the Wireless WAN Solution for designated client representative. Provided during cutover, post cutover and throughout the 3D-day burn-in period. · Username and passwords. · Web interface login procedure. · IP routing interface (GUI if applicable). CUSTOMER RESPONSIBILlTES AND CONSIDERATIONS: The City of Meridian is responsible for any delays caused by the lack of completed site preparation. If failure to meet the responsibilities specified in this Statement of Work causes delays or wait time for SourceOne or its agents, The City of Meridian agrees to pay SourceOne at its current hourly rates, including travel and other expenses. The City of Meridian will be responsible for: CI All required Electrical Outlets, Surge Protection and UPS for Systems. o The required power for this solution is provided via Power Injectors and will be installed in the server room I telecom room or any designated area approved by IT director in the construction. o 11 DV with standard 5-15R (3-Prong) Receptacle will need to be available at the location. CI All required floor, rack and wall space. o SourceOne will provide any necessary mounting equipment for the products being implemented if nothing exists that can be utilized already. Confidential Page 2 4/1212005 o If any of the sites have changed that will affect the installation from the time we performed the site survey up in till installation, the City of Meridian is to notify SourceOne. o Procurement of Equipment per project timelines (based on lead-time from vendor). o SourceOne will order the equipment as soon as the City of Meridian signs off on the mutually agreed upon Statement of Work and issues a Purchase Order to SourceOne authorizing the purchase. o Assign designated Administrator for training, and organize End-User training for pre-determined scheduled date. o SourceOne is providing System Administrator training. No End-User training applies for this project. o Any post-installation firmware downloads and system back-ups (if programming changes made) are customer responsibility. o Under the maintenance contract with Zial Networks, firmware downloads and system back-ups are to be done by Zial. o Equipment Returns In the event Buyer desires to return Equipment to Seller, Buyer must contact the Seller and obtain a Return Material Authorization (URMA") number. No returns will be accepted without a valid RMA number. Equipment returned for exchange or sales credit within thirty (30) days of the shipping date is not subject to a restocking fee. Equipment returned for exchange or sales credit after the initial thirty (30) days, but within sixty (60) days of the shipping date may be SUbject to a fifteen percent (15%) restocking fee. No returns or exchanges will be accepted after sixty (60) days. Shipping and handling charges are not refundable. To be eligible for return or exchange, equipment must be in brand new condition and unopened, complete with all original components, documentation, original packaging and warranty cards. Scratched or damaged equipment cannot be returned under any circumstances. Cables, enclosures, custom made products, and special order items cannot be returned. o All work performed is considered to be during normal business hours unless stated in SOW. Normal business hours are defined as 8:00 am to 5:00 pm Monday through Friday, excluding S1 holidays. o Standard SourceOne Terms and Conditions apply. ACCEPTANCE: After (30) thirty days of consistent up time, SourceOne, Inc, shall notify The City of Meridian of completion of Project by providing an Acceptance Document (AD). Upon notification, The City of Meridian has five (5) working days to schedule appropriate personnel to review the Services performed and sign the AD. Signing of the AD, or The City of Meridian's failure to respond within the designated five (5) day period, signifies The City of Meridian's acceptance of the Services performed. Confidential Page 3 4/12/2005 CHANGE MANAGEMENT: It may become necessary to amend this Statement of Work (SOW) for reasons including, but not limited to, the following: CJ The City of Meridian changes the scope of work or specifications of Services. CJ The City of Meridian changes the Implementation Plan. o Non-availability of resources which are beyond either party's control; and/or CJ Environmental or architectural impediments not previously identified. In the event either party desires to change this Statement of Work, the following procedures will apply: The Party requesting the change will deliver a Change Request document to the other party (email is acceptable). The request will describe the nature of the change, the reason for the change, and the effect the change will have on the Scope of Work, which may include changes to the Deliverables, Pricing and the Implementation Schedule. The designated Program/Project Manager of the requesting party will review the proposed change with his/her counterpart. The parties will evaluate the Change Request and negotiate in good faith the changes to the Services and the additional charges, if any, required to implement Change Request. Upon execution of Change Request, said Change Request will be incorporated into, and made a part of, this Scope of Work. The City of Meridian SourceOne, Inc. By: By: Title Title: Name: Name: Date: Date: Confidential Page 4 4/I 2/2005 ACCEPTANCE DOCUMENT Company Name: Installation Date: The Undersigned hereby certifies that all the equipment and implementation services described in the Statement of Work agreement between The City of Meridian and SourceOne, Inc., dated April 12, 2005, has been furnished and that delivery and installation of this equipment has been fully completed as required. Further, all conditions and terms of the Statement of Work have been reviewed and acknowledged. Date of Acceptance: Customer Signature Title Confidential Page 5 4/12/2005 SOURCEONE, INC. STANDARD TERMS AND CONDITIONS PRICES: Prices quoted are valid (30) days from date of quotation unless otherwise noted. All prices are quoted without sales, revenue, or use tax and are fully taxable unless buyer provides seller with valid reseller's certificate or tax exemption form. SHIPMENT: Unless othelWise requested on the buyer's purchase order, the following is standard shipping procedure: All goods are shipped FOB - Boise, Idaho via the most economical method. The minimum shipping and handling charge is $5.00. Shipments received with shipping damage should be refused by the buyer and a claim filed with SourceOne shipping department. Shipments received with concealed shipping damage are the responsibility of the buyer and the carrier. All claims for shortages or incorrect merchandise must be made to seller within 10 days of shipment. DEFECTIVEIDOA RETURNS: DefectivefDOA products must be reported within 15 days of the date of invoice. Products will not be accepted without a Return Merchandise Authorization (RMA) number first being assigned. Product must be returned within 10 days of the issuance of the RMA number. RETURNS FOR CREDIT: Returns of stocked products for credit will be accepted for 30 days from the date of order. If the product is unopened and returned within the 30 day window, buyer is responsible for a 10% restock fee, applicable charges for missing/damaged items and freight charges on the original invoice. SourceOne will not accept stocked product for return after 30 days from the invoice date. Return of any unopened non-stocked product is allowed for 30 days from the date of the order but is subject to a 25% restock fee as well as freight charges from the original invoice. Non-stocked product that has been opened can be returned only at the discretion of SourceOne but a return is not guaranteed nor in any way implied at the time of purchase. PA YMENT: SourceOne's standard terms, with approved credit, is Net 30 days from date of shipment. If an invoice is not paid within the stated terms, buyer is liable for interest charges on the unpaid balance of 1 Yz% per month (18% annual rate). If partial shipments are requested and allowed, seller must receive payments within the allowed terms for any partial shipments received. The terms of payment may be changed or credit withdrawn at any time the seller deems necessary. Seller may require full or partial payment in advance. Non-sufficient funds checks received by the seller from the buyer are subject to a $25.00 service charge. Seller reserves a security interest in all products sold to buyer and in proceeds thereof in the amount of buyer's purchase price until all such products have been paid for in full. Buyer is also responsible for all costs in perfecting the security interest along with all costs incurred by the seller in collecting any monies due seller by buyer. Signature Date April 22, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING April 26, 2005 APPLICANT Mayors Office ITEM NO. 6-A-l REQUEST Arbor Day Proclamation AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: EmaiJed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ .0 ~ ~ ~ ;: ~ ~ e ~ ~ 9 ~ o ~ ~ ~ ~ <U ,tf ~ m ~.s 8 ~ .Q ~ ~ ~-g 8 -g :::... jg O<Ub <U ~ c:: 8i1fC:: ~ ~ g -g~~ ~ CD E ~~~ ~ g. ~ ~.es (I) ~ ft3 ~ ~ ~ .~ ~ ~ ::;~::: ~ ~ ~ ~ ~ ~ ~ l~ ~ i ~il ~- ~ ~ ~ .S "b~ bo..O .~ (5 15 1:: \:';ft3-g~ (3 :2 -e ! ~ b <U i5 8 .~ ~ ~ ~.~ ~~.e (I) '2 co .c ~ .s ~'B (I) <U ~ ~ <O~oo ~ 8 ~ b c::&J(I)$; g ~ .Q ~ ~~.gQ5 <0 (I) ~ ~ C::CI)e~ 'E e ~ :g ~ ,8 ~ ~ : @ .8 ~ '2 ~.~; ~ ~ ~ CI) .c S ~ :~ ~ <0 ~ ~ g> 0 c:: 0, € b~ Q. e'Om~ <L> Q) ~~~ ~'~~~~b [ I .gena ~e.2@ft3~ @ om-e CI)<L>~<L>'~<O <0 ~.E:e:( .Q~~:a.!1@b~ g> '0 ~ ~ ~ E: ~ ~ .~ ft3 :S :e Ol15b 0 ~~ ~ e.o~Q) ~:iS (,) ft3 ~ -5 Q) @ 0..'(3 ~ ;$. 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CD ~ at Wliereas} Wliereas} Wliereas, Wliereas} Wliereas, Wliereas, Wliereas} A-rJ,iJr Pit"! ?riJ,tltlfl,lttiiJtf, ~ In 1872, J. Sterling 9rlorton proposed to tlie :Ne6ras/(g. (jJoard of A.gricufture tliat a speciaC day 6e set asUfe for tlie pfanting of trees, ana tlie IioMay} ca{[edA.r6or(]Jay, was first o6served witli tlie pfanting of more tlian a mi{(wn trees in :Ne6rasR..,a, ana A.r6or (]Jay is now o6served tliroUIJliout tlie nation amI tlie world; amI trees can reduce tlie erosion of our precious topsoiC 6y wina and water, Cower our /ieating and cooCing costs, moaerate tlie temperature, crean tlie air; produce oYlYgen amI provUfe 1ia6itat for wififftje, amI trees are a renewa6fe resource giving us paper; wood for our liomes, fueC for our fires ana countress otlier wood products, ana trees in our city increase property vaCues, enliance tlie economic vitaCity of 6usiness areas, amI 6eautify our community, amI trees} w/ierever tliey are pfanteti; are a source of joy ana spirituaC renewa~ :NO~ Q!H!E/R!J5PO<l?$, I 9rlayor of tlie City of do Iiere6y procfaim as A.r6or (]Jay in tlie City of ana I urge a{[ citizens to cefe6rate A.r6or (]Jay amI to support efforts to protect our trees ana wootffantfs, and Purtlier, I urge a{[ citizens to pfant amI care for trees to gfad'den tlie lieart amI promote tlie we{f- 6eing of tliis amI future generations. (]Jated tliis _ tfayof in t/ie year j!)~y Winston Wiggins, Director ~IDAHO POWER An IDACORP Company D.-J1.~~-- Daniel Minor, Senior Vice President of Delivery . UTAH POWER Making it happen. &.uuYJonct Glen Pond, Regional Community Manager ~~~ril'STA$ Utilities JOt 1{~ Don Kopczynski, Vice President, Transmission & Distribution Operations ANNOUNCING ARBOR DAY GRANT PROGRAM -- 2005 The Idaho Department of Lands, Avista Utilities, Idaho Power and Utah Power are happy to announce the 2005 Grant Program to promote the observance of ARBOR DAY in Idaho. For the third year, we have joined together to help encourage an appreciation for healthy, community forests through this grant program. Arbor Day is a celebration of trees and the many benefits they provide. We are proud-through this combined effort-to offer grants to cities celebrating Arbor Day. Sharing the important role of managing your community's trees, together we can help assure the proper tree is always selected when planting near utility lines and that trees are cared for throughout the community. As sponsors, we strongly believe that education regarding trees and their care is a top priority in the prevention of tree/utility conflicts. It is our hope these grants will provide an opportunity for communities to celebrate the importance of trees through tree planting and other tree related educational activities at their Arbor Day event. 70 grants of $150 each are available to support Arbor Day celebrations in Idaho's communities. The funds come from the citizen~supported Idaho Community Forestry Trust Account to which our company sponsors-Utah Power, Idaho Power and Avista Utilities contributed. The grant funds may be used to purchase trees, refreshments, Arbor Day T~shirts, handouts, or other items to enhance the Arbor Day celebration in your community. Applications must be on file in the Coeur d'Alene office ofthe Idaho Department of Lands by 4:30 p.m. on March 14,2005. They may be delivered in person, mailed or faxed. Because the time frame for this program is so tight, please make sure the application is dearly and completely filled out. Unclear or incomplete applications will not be accepted. All application materials are also available at the Community Forestry web page: www.idaho.gov/lands (click on community forestry). 70 grants will be awarded and all applicants will be notified the week of March 21 st. This is a reimbursement grant, which means that the grantee cities must submit copies of paid invoices, with check numbers, in the amount of $150 to receive payment for the grant. The legislation that established the Idaho Community Forestry Trust Account requires a 35% match in cash or in-kind donation by the grantee. The match amount for this erant will be $52.50. Records to substantiate a minimum of $52.50 must be kept on file. The match records will be requested from five grantees randomly selected by the Idaho Department of Lands. Idaho joins most other states in annually celebrating Arbor Day on the last Friday in April, the 29h this year. However, trees and planting conditions don't honor calendars-your community may choose to celebrate Arbor Day on a different date. We encourage your city to apply and to have a memorable ARBOR DAY celebration. ~~~''''STA.' Utilities . UTAH POWER SIDAHO POWER Making it happen. An IDACORP Company APPLICATION FORM - 2005 ARBOR DAY GRANT PROGRAM Community Applying: Contact Person: Title: Mailing Address: City State_ Zip Code_ Telephone: (W) Email Address: (H) FAX Important Note: Please answer all questions clearly. Failure to do so may result in loss of eligibility. There will be 70 Arbor Day Grants of $150 awarded. Funds are available on a reimbursement basis. To receive vour arant if awarded vou must submit cash receiDts and Droof of Davment totalina i!.2Q. A 35% ($52.50) match is required. The application deadline is 4:30 p.m., March 14th. Grant awards will be made by March 21st. Applications will also be accepted by FAX or email. 1. When is your community planning to celebrate Arbor Day? Please also attach vour local Arbor Dav Proclamation sioned bv Mavor. 2. Arbor Day Event: Describe the Arbor Day celebration your community is planning. How will this grant help your community's Arbor Day celebration? AUTHORIZING SIGNATURE: I CERTIFY THE CELEBRA TION DESCRIBED IN THIS APPLICATION IS APPROVED AND SUPPORTED BY THE CITY GOVERNMENT. Date Authorized Signature Title NOTE: Be sure to attach your local Arbor Dav Proclamationl Send to Idaho Department of Lands, 3780 Industrial Avenue South, Coeur d'Alene, ID 83815 or FAX to: (208) 769-1524 Department Reports April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Parks Department REQUEST Naming of Park Located in Lochsa Falls by Doug strong April 26, 2005 ITEM NO. 6-8-1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DE?T: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached 10~ rpi~ Nff Hifol!S Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. , Meridian Parks & Recreation' Memo APR 2 0 2005 To: Mayor and City Council City of Meridian City Clerk Office CC: Will Berg Doug Strong, Director ;r!)~~ From: Date: April 19, 2005 Re: Naming of Park Located in Lochsa Falls During the April Parks and Recreation Commission meeting the naming of Lochsa Falls Park was discussed along with the recommendation letter from Commissioner De Boer reviewed. After a lengthy discussion the Parks and Recreation Commission approved to name the park located in Lochsa Falls "Heroes Park" and recommended the new park name to be sent forward to the Mayor and Council for their approval. The Parks Staff is requesting this item be placed on either a Pre-Council agenda or as a Department Report for discussion at the April 26th meeting. The Staff Summary of the Parks and Recreation Commission is attached along with the recommendation letter submitted by Commissioner De Boer to be forward to City Council for approval. Page 1 'In", ~(~,. cU'endi{[Ji-'~ '\ ~I',\!I(' f -:"""", ..",./ ., "". I, ,J ,'." ,,\ \::~, ~: :l;:iIC~ STAFF SUMMARY OF PARKS AND RECREATION COMMISSION RECOMMENDATION TO CITY COUNCIL Project Name: 'La C~<;(A ~ Q.\\ S D-- \'~ c'h..~Q t' L Park: \\ e...(' De.., S ?o.. (' \(~ Applicant: P&R Commission Meeting Date: L.\ - t s - DC; Recommendation: \\j 0. W rQ,(' \( \.. DC rrXt& .~ + '~~ lD e..k sp- rills ~, ~~ \\~\'\)~S PD-\'L , Summary of Public Hearing: . \ · L ~.f'{~'\~\~SS chM ~\J\ \Jd eX(~YlS J 'M~ifY:b-(,'\(>-)\~ I E:.V<-~~lL . ""'"Z.. \"Dt ':i 5t v-{' V'V ('~~) J\.Dc.J6J I \~J\}J:k:'/j I kw, ~, ~- ~ (iI~/L(L,\ G~\li (jst c.. ~\f'\SJ- D~Lk ~~Lcur- --io ~tUv0J . \'JtN\..\( i\-~ _ 0 \ - J Key CommiS,sion,Changes to Staff Recommenda, tion: '~r,,(},,\\', '\ p \.... -L \ \ · ~~'^w\ ~ :j; "', ~ ~ ~W-- \ '::, 1\il.Al\0.\~ '\:) o\rq>"\ \- H D IN\. I-.. ~ I" t ~ Des . ?~"L , Outstanding Issues for City Council: + \\10 VLL APPROVED: ~ ~~~~rt}~~ Andee Stockton, President #~~ Bud Porter, Vice President IV February 7, 2005 Dear Commissioners, Directors, Superintendents, and Visitors, As you mayor may not know, the Park Naming and Signage committee bad a meeting a few weeks back to discuss a few ideas and to discuss, of course, park names. I am certain that there will be a much more in depth report from the President and Doug, but I would like to take this moment to talk about one specific issue. I regret not being present to present this myself, but work has me trapped in Phoenix, AZ. The issue that I am alluding to is a name fOf the park located near the Lochsa Falls subdivision.. There was quite a bit of discussion that we would like to move away from naming parks after subdivisions, and even avoid using it as a temporary name. Your subcommittee is working on that particular issue to try to eliminate that issue in the future. As fOf the present, we have to come up with a name for this park. We sat around the round table for quite some time debating different ideas for the name of this park, floating at least a dozen names and also mentioning another dozen or so for future parks. While we discussed this issue back and forth and talked about all these individuals and their wonderful contribution to our community, it became obvious that there were many more special people than were parks. As we wrestled with the idea who to honor first, an idea came to mind that would help us honor all: Let's name the above mentioned park "Hero Park". Here are some reasons I believe this name would be so fitting and popular: · By naming this park "Hero Park", we would be able to use this one park to honor numerous individuals that have contributed in many different ways to our community. These individuals were "heroes" to many one way or another. · Since the park is being designed with a perimeter path that will most likely be used by many to walk, jog, or bike, we can establish small pillars with a bronze plaque on them commemorating these individuals and a short statement as to their community involvement. TIlls could be our "Hero Path", honoring many walks of life, like civic leaders, former mayors, fallen veterans, outstanding citizens, unforgettable coaches, etc. · The title is short, easy to say, related to even by young children, and instantly allows those know the theme of the park Everyone has a hero that they look up to, and this park will result in them reflecting, even if for a moment, on their honored individual. I personally recommend naming this park immediately, whether it is the above named suggestion or not, thus allowing the park to gain its identity and not be referred to any longer as Lochsa FaIls park After this park naming, we as a subcommittee will be more aggressive in naming parks or earmarking names for parks to prevent this issue from arising again. We will present the results to a normal commission meeting and allow all to give their input. I would be greatly appreciative if someone, in my absence, would make the following motion: "Madam President, I move that we name the park located near the Lochsa Falls subdivision on north Ten Mile road 'Hero Park', effective immediately." Respeclfu.1ly, /"~ ~~ 4pPf-Ou-tJ- as f, ,. fiR. tOO f ~ MOuL /0 c/e JOIZ.- Ji AtJ- 4PP{J) u0J2 < James E. De Boer Meridian Parks and Recreation Department Commissioner April 22, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING April 26, 2005 APPLICANT Parks Department ITEM NO. 6-8-2 REQUEST Discussion regarding purchase of new recreation software by Catrina Thomas AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS ~~ See attached Contacted: Emailed: Date: Staff Initials: Phone: Material$ presented at public meetings shall become property of the City of Meridian. active NETWORK City Of Meridian City Clerk Office Hosted Global Services Aareement This Hosted Global Services Agreement ("Agreement") is made effective as of April _, 2005 and entered into between The Active Network, Inc., a Delaware corporation, C'Active" or "we" or "us") and City of Meridian ("you" or "your" or "Agency"). 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The individuals signing below represent and warrant that they have the power and authority to bind the respective entities that they represent. Full Legal Customer Nam e Authorized Signatory Date Address Facsimile The Active Network Inc. Authorized Siqnatory Date Page 2 of 3 active NETWORK Exhibit 1 Hosted Product: ? ActiveNet OR ? Class Hosted Internet Registration Consulting Services Rate per Hour Number of Total Servk::es Hours Cost B.L $155 Bji. Senior Consultant / Project Planner $220 S.iii, $250 C.i. $125 C.ii. Senior Consultant / Project Planner $190 C.iii. $220 OJ. $100 30 $3-:000 O.ii. Senior Consultant / Project Planner $190 o.m. $220 fEI $75 E.ii. Senior Consultant / Project Planner $75 Ejii. Technical Specialist $75 NOTE THA T RA TES SHOWN INCLUDE ALL TRA VEL EXPENSES OTHER Totals $3,000 THAN AIRFARE Page 3 of 3 Annual Cost Estimate for New Parks Recreation Software RECEIVED APR'2 6 20G~ City of Meridian City Clerk Office 2003-2004 Revenue Organized Recreation Adult Sports Parks $ 19,746.75 $ 27,374.33 $ 20,586.00 $ 67,707.08 80102 Visa Fees approx. Visa charges Parks & Rec $ 27,035.00 $ (1,081.37) Adult Sports $ 5,740.00 $ (229.60) $ (1,310.97) Same revenue with new software fees Transaction Fee 1.5% $ (604.99) Visa Fee 2.25% $ (608.29) $ (1,213.28) Old Software & visa charges $ (1,081.37) New Software, transaction & visa charges $ (1,213.28) annual cost estimate $ 131.91 for new software April 22. 2005 MERIDIAN CITY COUNCil MEETING APPLICANT Police Department - Bill Musser Department Reports April 26, 2005 ITEM NO. 6-C-l REQUEST Update on Police K-9 training facility and request for waiver of all associated fees as the project moves toward application for CUP AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER OEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS -y9~ 01P Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings ll'hall become properly of the City of Meridian. Department Reports April 22, 2005 MERIDIAN CITY COUNCil MEETING April 26, 2005 APPliCANT A Horney's Office REQUEST Update I Comments on CenterTum Lane Ordinance ITEM NO. 6-D-2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached r~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE ENACTING A NEW TITLE 7, CHAPTER 1, SECTION 10, MERIDIAN CITY CODE DEFINING THE USE OF A CENTER TURN LANE AND MAKING IT UNLAWFUL TO USE THE CENTER TURN LANE FOR PASSING OR TRAVELLING MORE THAN ONE HUNDRED FEET; AND PROVIDING FOR A WAIVER OF THE READING RULES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: That Title 7, Chapter 1, Section 10, Meridian City Code is hereby enacted to read as follows: 7-1-10 CENTER TURN LANES Upon a roadwav where traffic is oermitted to move in both directions whenever the center lane of such roadway is bounded bv solid lines vehicles shall travel upon said center lane only for the pumoses of turn in!! to the left or enterin!! a deshmated traffic lane after comoletion of a left turn. Vehicles shall not use said center lane as a passin!! lane nor shall any vehicle travel in said center lane for a distance of more than one hundred (IOO) feet prior to tumin!! left or following completion of a left turn. Section 2: That pursuant to the affirmative vote of one-half (112) plus one (l) ofthe 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 . 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this _ day of . 2005. MAYOR ATTEST: CITY CLERK CENTER TURN LANE USE - Page 1 of 1 Department Reports April 22, 2005 MERIDIAN CITY COUNCIL MEETING April 26, 2005 APPLICANT Attorney's Office REQUEST Update I Comments on Repealing Bicycled Registration ITEM NO. 6-D-3 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached fa/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publfc meetings shall become properly of the City of Meridian. 7-4-3: LICENSING REQUIREMENTS: A. License And Plate Required: It shall be unlawful for any person to ride or propel a bicycle on any public thoroughfare, street, alley or highway unless such bicycle has been licensed and a license plate is attached thereto. B. Application For License: Application for a bicycle license and license plate shall be made to the Police Department on January 1 each year, with said Department providing application cards, metal or sticker license plates and registration cards. C. License Issuance: 1. The Police Department, upon receiving proper application therefor, is authorized to issue a bicycle license which shall be effective until the end of the fiscal year. 2. The Police Department shall not issue a license for any bicycle when they know the applicant is not the owner of or entitled to the possession of such bicycle. 3. The Police Department shall keep a record of the number of each license, the date issued, the name and address of the person to whom issued, the serial number on the frame of the bicycle and a record of all bicycle fees collected. D. License Fees: A fee of fifty cents ($0.50) shall be charged for all license plates or stickers. A fee of twenty five cents ($0.25) shall be charged for all transfer cards. E. License Plate Or Sticker Attached To Bicycle: 1. Each license plate or sticker shall be firmly attached to the bicycle in such a position as to be plainly visible and on frame of the bicycle. 2. The Police Department shall issue a license bearing the license number assigned to the bicycle which shall include the name of the City, calendar year and corresponding numbers stamped thereon in numerical order. F. Inspection Before Licensing: The Police Department shall inspect each bicycle before licensing the same and shall refuse a license for any bicycle which they determine is in unsafe mechanical condition. (Ord. 130,12-7-1964) 7-4-4: TRANSFER OF OWNERSHIP: Upon the sale or transfer of a licensed bicycle, the licensee shall surrender the license to the Police Department or have said license assigned to another bicycle 7-4-5: RENTAL AGENCIES: A rental agency shall not rent, or offer any bicycle for rent, unless such bicycle has a license attached thereto and has been properly licensed. (Ord. 130, 12-7- 1 964 ) owned by the applicant. (Ord. 130, 12-7-1964) 7 -4-6: REPORT OF SALES: It shall be the duty of every person who sells or transfers ownership of any bicycle to report to the Police Department such sale or transfer within twenty four (24) hours after purchase or transfer of any such bicycle. (Ord. 130, 12-7-1964) 7-4~7: MUTILATION OF SERIAL NUMBER OR LICENSE PLATE: A. Serial Number: It shall be unlawful for any person to remove, destroy, mutilate, dismantle, or alter the serial number of any bicycle, or of any part thereof. B. License Plate Or Sticker: It shall be unlawful for any person to remove, destroy, mutilate or alter any license plate or sticker or registration card during the time the plate, sticker or card is in force; and it shall be unlawful for any person to transfer a license from one bicycle to another. (Ord. 130, 12-7- 1964 ) 7-4-8: BICYCLE OPERATION REGULATIONS: A. Traffic Laws Apply: Every person riding a bicycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle except as to those provisions of law which by their nature can have no application. B. Obedience To Traffic-Control Devices: 1 . Any person operating a bicycle shall obey the instructions of official traffic- control signs, signals and other control devices applicable to vehicles unless otherwise directed by a police officer. 2. Wherever authorized signs are erected indicating that no right, left or U- turn is permitted, it shall be unlawful for any person operating a bicycle to disobey the direction of any such sign, except where a person dismounts from the bicycle to make such turn in which event such person shall then obey the regulation applicable to pedestrians. C. Riding On Bicycles: 1. Riding On Seat: A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto. 2. Riding Two Abreast: Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for exclusive use of such. 3. Use Of Path: Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path. D. Emerging From Alley Or Driveway: The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right of way to all pedestrians approaching on said sidewalk and upon entering the roadway shall yield the right of way to all vehicles approaching on said roadway. E. Clinging To Vehicles: No person riding in or upon any bicycle shall attach such bicycle to a moving vehicle. F. Riding On Sidewalks: 1. Prohibited In Business District: It shall be unlawful for any person to ride a bicycle upon a sidewalk within a business district. 2. Posting Of Signs: The Chief of Police is authorized to erect signs on any sidewalk or roadway prohibiting the riding of bicycles thereon and when such signs are placed it shall be unlawful for any person to disobey the same. G. Hands On Handlebars: No person shall operate a bicycle or motorcycle without keeping at least one hand upon the handlebar. (Ord. 130, 12-7-1964) 7-4-9: EQUIPMENT REQUIREMENTS: A Lights, Reflectors: 1. Front Of Bicycle, Light: Every bicycle when in use at nighttime shall be equipped with a lamp on the front, which shall emit a white light visible from a distance of at least five hundred feet (500') to the front. 2. Rear Of Bicycle, Red Reflector: All bicycles shall be equipped with a red glass reflector of at least one inch (1") in diameter, which shall be so attached to the rear of such bicycle as to be visible from the rear. B. Brakes: Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on a dry, level, clean pavement. (Ord. 130,12-7-1964) 7-4-10: PENALTY: Except as otherwise herein provided, it shall be unlawful and punishable as a misdemeanor to violate any of the provisions of this Chapter. Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor and upon the conviction thereof shall be subject to penalty as provided in Section 1-4-1 of this Code. (Ord. 130, 12-7-1964; amd. 1999 Code) April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works - Brad Watson Department Reports April 26, 2005 ITEM NO. 6-E-l REQUEST Discussion on The Courtyards at Ten Mile Off-Site Improvements AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~/ k/ttf~ ~ Ja{J;'fv ~ r a~[0 / ~ dJ'~S / 0D Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. April 22, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 26, 2005 ITEM NO. 9 REQUEST Ordinance No. 05-1141 Licensed Alcohol Establishments and Prohibiting Two Licensed Establishments within the same premise - Second Reading AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached ~vY I ~ O~/lltY Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. OS. i '4 \ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 3, CHAPTER 2, SECTION 2 OF THE MERIDIAN CITY CODE REGARDING AMENDING THE REQUIREMENTS FOR LICENSED ALCOHOL ESTABLISHMENTS AND PROHIBITING TWO LICENSED ESTABLISHMENTS WITHIN THE SAME PREMISE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR A SUMMARY; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 2, Section 2 of the Meridian City Code is amended to read as follows: 3-2-2: LIQUOR BY THE DRINK: A. License Required: It shall be lawful to sell liquor by the drink within the City, as provided in Idaho Code chapter 9, title 23, provided a license shall first be obtained from the City for the sale of liquor by the drink. B. Application For License; Fee: An applicant for a liquor by the drink license shall make application to the City Clerk, pay the license fee of seventy five percent (75%) of the amount of the license fee collected by the Director of the Department of Law Enforcement of the State pursuant to the provisions of Idaho Code chapter 9, title 23. If the license fee is paid prior to July 1, the fee shall be prorated, but if the license fee is paid after July 1, the fee shall not be prorated and shall be one-half (1/2) of the annual license fee. C. Investigation of Applicant: The application shall be submitted to the Chief of Police for investigation and report to the Mayor and City Council; the application must be approved by the Mayor and City Council D. Each license must be located in a ulace that has an actualuhysical street address as issued by the Postmaster. There shall not be more than one license issued oer actual uhysical street address. The location and address must be included on the apulication along with a floor plan of the ohvsicallocation of the licensed oremise. If a second licensed Premise is located within connected or immediatelv adiacent to the licensee a floor plan ofthe adjacent licensee must also be included distinguishing the separation between the two licensed oremises. The final decision to issue the license shall be with the Mayor and City CounciL LICENSED ESTABLISHMENT AMENDMENT - Page 1 of 3 P.....E. License Transfer; Fee: Licenses may be transferred under the provisions of Idaho Code chapter 9, title 23, provided the transferee meets the requirements of a licensee, has paid a transfer fee of fifty dollars ($50.00) and the Mayor and City Council have approved ofthe transfer of the license. (Ord. 684, 12-20-1994) F: PENALTY: It shall be unlawful and Dunishable as a misdemeanor to violate anv ofthe nrovisions of this Chanter. G: SEVERABILITY If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. Section 2. That pursuant to the affirmative vote of one-half (112) 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. .}1-, PASSED by the City Council of the City of Meridian, Idaho, this 2u day of Api: I , 2005. Ap. :' ~PPROVED by the Mayor of the City of Meridian, Idaho, this M~ay of !) \ , 2005. APPROVED: LICENSED ESTABLISHMENT AMENDMENT - Page 2 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05-Jl1L PROVIDING FOR AN AMENDMENT MERIDIAN CITY PUBLIC DISTURBANCES ORDINANCE An Ordinance of the City of Meridian amending Title 3, Chapter 2, Section 2 of the Meridian City Code A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. <'e",effective upon the passage and publication. ,;:~J:t. '\ t Jr First Reading: ?}-/2 -00; Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO~ Second Readin~'() C; Third Reading: Lj - 2/ I' - 0 C; ST A TEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- / /41 , 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. 05- I / ~( 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 9 50-901A (3). DATED this 7 dayof~05. - ~<L~t~'----.. William. L.M. Nary ~ City Attorney LICENSED ESTABLISHMENT AMENDMENT - Page 3 of 3 Meridian City Council AprilS, 2005 Page 5 of 68 dw# ~ B. City Attorney - Bill Nary 1. ProDosed Ordinance for Solid Waste Collection Proaram: Wardle: Item 6-8 is Department Reports from the city attorney. Nary: Mr. President, Members of the Council, the first item on there is a proposed ordinance for solid waste collection. We had a discussion last week very briefly. Councilmember Rountree wasn't here for that discussion. We put it back on as a department report, because didn't have it on lasemche last week, we just had some copies, didn't make it to everyone. I did get them sent out again by the end of last week and it is on your laserfiche. I think Mr. Sedlacek was here last week. In our discussion these were not significant changes, there is some, essentially, clean up. We did add some other information to the ordinance basically dealing with some scope and authority and purpose statements and things like that. If ies adequate, Council, I would simply ask that we just move it forward to the agenda next week for passage. Bird: So moved, Mr. President. Donnell: Second. Wardle: It's been moved and seconded to move the solid waste collection program ordinance forward to the Consent Agenda next week. All in favor of that motion? MOTION CARRIED: ALL AYES. 2. Tabled from March 29, 2005: Proposed Draft Ordinance for License Alcohol Establishments and Prohibitina Two License Establishments within the Same Premise: Wardle: Thank you very much. Mr. Nary, Item NO.2. Nary: Thank you. Mr. President, Members of the Council, the second item was tabled from last week. You might recall we had a lengthy discussion on licensing establishments within the city. Prior to that discussion -- this was on our department report - you had previously requested a proposed draft ordinance to consider whether or not allowing two licensed establishments within the same facility, essentially, a bar- within-a-bar discussion we had last week. I have made some amendments to this ordinance. If you want to consider itl basically, the concerns have been is how to enforce or how to deal with allowing two of these licensed establishments within the same facility. The way I tried to distinguish that in this draft ordinance was that each of the facilities would have to have their own separate address. That way we would have some method at least to assure where the location was, as well as requiring that they provide a footprint to the police as part of the application process, so we would be sure that each -- that one physical address would - there would only be one license for one Meridian City Council April 5, 2005 Page 6 of 56 physical address. If you have any questions, at your pleasure, as to what you want to do with the ordinance from this point. Wardle: Thank you. Bird; Mr. President? Wardle: Mr. Bird. Bird: Two things. Is this ordinance defendable by you and your attorneys? Nary; Mr. President, Members of the Council, Councilmember Bird, I wouldn't bring it if it wasn't. Bird: Okay. I thought that. The second one is for Chief Musser. Is he comfortable with it? Musser: Council President Wardle, Members of the Council, Councilman Bird, if it's the same one that I reviewed last week on it, my message back to our attorney at that time was that I thought it would meet all concerns, because it does leave some latitude for Mayoral and Council discretion within it as well. So, the police department can work with it. Bird: With that, Mr. President, I would move that we bring that forward for an ordinance reading at the next available meeting. Rountree: Second. Wardle: It's been moved and seconded - I'm going to bring some discussion forward and Mr. Nary and I talked about this. The proposed ordinance that is in front of us is a proposal to prevent the decisions which we made last week from happening and I'm not -- my recollection of Mr. Nary's comments before was when we didn't have all the information in front of us about the specific applications, we looked at how we could alter our city ordinance to prevent those kinds of applications. And so one of the things that I heard in the discussion about those individual liquor licenses and discrepancy between our city ordinances and the state requirements was that we were comfortable allowing those - those specific users on a case-by-case basis. This ordinance, as I read it, would -- would prevent some of those; is that correct, Mr. Nary? Nary: Mr. President, Members of the Council, yeah, there is probably one thing I will have to verify is on the street addressing and how that particular address is attached. I believe it's attached, actually, by the city and, then, transmitted to the postmaster, but, for example, on those -- two of those applications last week, the Backwater Saloon and the Top Shelf application, unless they could have a separate address, which means they at least need to have a separate entrance, rather than the main entrance, to at least have a separate doorway entrance to the facility, they could still have the same Meridian City Council April 5, 2005 Page 7 of 58 premise internally, it's just that where the physical location of it would be addressed from would be the only difference. Would that prohibit those two facilities? I'm not positive, because, again, J donlt know the layouts of either of those places to know whether or not they could actually get a separate physical address, but other than that the layout internally wouldn't change, but the reason we are having this discussion is because we are allowed by state code to create other licensing provisions beyond what the state has. All we had prior to this code would simply be the conditional use requirements and thatls what the discussion was last week. This would simple at least require a little bit more definition of the location, which I think is what the police concern was from the enforcement perspective is just some specificity of the location and, again, I think it would require a separate entrance. Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: How would a separate entrance in terms of having more than one address at the same fairly - at least pretty much at the same location, be any different than some of the houses that are converted into apartments, that the occupants go in the front door, but on that front door is - are several different numbers? It seems to me that that could - that still could be allowed, even under this ordinance; is that right? Nary: Mr. President, Members of the Council, Councilmember Donnell, certainly, if they are distinguishable enough to be able to address them separately, like in that - I thought of the same example, because I used to live in an A and the half was below me. So, I understand that you can address them separately. I think all we were trying to accomplish in this is making sure we had very clear specifications of where the location of the serving establishment is, so that we had some clearer definition for the police enforcement purposes. But, yes, you could have one entrance that may have multiple entrances internally. It would allow still under, for example, the Meridian Marketplace that's being built just south of here, has multiple store fronts and different doors that will have different addresses, sometimes you will have facilities that will have one address within an A or a B or a C, all of those things I think would perfectly still be allowed, as long as you could physically identify the location more specifically than we have had it. The other suggestion, Council, I would have is we routinely on ordinances are not required by state law to have public hearings on ordinances, but this one may be one you may want to consider, rather than bringing it forward once and waiving the reading rules, which we do on a number of occasions, not doing that on this one. You may want to have this on your agenda for the specified three readings under the state code and maybe inviting public comment at one of those readings. The second reading is generally easier, so if you do want to make changes, you can do it before the third reading. But just a suggestion, but since we did have some people, there may be other comment out there that we are unaware of that might be - might be helpful to you on whether to pass this or not. Donnell: Follow up, Mr. President? Meridian City Council April 5, 2005 Page 8 of 58 Wardle: Mrs. Donnell. Donnell: The next question I would have is about those that we have already approved that mayor may not have a separate entrance. Those are still approved? I mean they don't lose that license, since we have already done that prior to this ordinance being in place; right? Nary: Mr. President, Council member Donnell, yes, they would still be in place. There wouldn't be any issue. The only issue would be in their renewal next year, they may need to have a separate entrance put in or something to that nature. Wardle: Mr. Bird. Bird: Yeah, Mr. President. I agree that I think we need to have this as a three readings and have the public comment on probably the second one. I think itls ~- I, for one, the only reason I voted in affirmative last week was because of the fact that we were - we were over the barrel, to put it bluntly, but getting back to another thought that I have got, I think there is a lot of these ordinances that we need to have public hearings on that can give us some - maybe some ideas that a year from now we are not scrambling to change it or something. So, I think that's a very good idea that Mr. Nary brought up to have a public hearing on this and -- but I think we need, like the motion said, to move forward and get it going. Wardle: Then, for clarification for the motion, would it be the maker's preference to bring that forward for a full set of public hearings and not be written with suspension of rules? Bird: Yes, it would be from the maker's - I don't know what the second -- Rountree: To have a first hearing - first reading. Wardle: First reading? And second agrees? Donnell: Do you agree? Rountree: I agree. Donnell: You were the second. Wardle: Thank you very much, I have a motion on the table to bring forward an ordinance ~~ proposed draft ordinance License Alcohol Establishments and prohibiting two licensed establishments within the same premise for a first reading. All in favor of the motion? All opposed? MOTION CARRIED: ALL AYES. April 8, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT April 5, 2005 ITEM NO. 16 REQUEST Ordinance -- Licensed Alcohol Establishments and Prohibiting Two License Establishements within the Same Premises {First Reading - Public Comment will be acceptec AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Minutes See attached Ordinance ~oI-v \?;;C\ t:}?' \ ~ ~()U \~ \ Slr C-J :3 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meelings shall become property of the City of Meridian. April 22, 2005 MERIDIAN CITY COUNCil MEETING APPliCANT REQUEST Executive Session Per Idaho State Code 67-2345(1){fJ April 26, 2005 ITEM NO. J8"tf AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Material, presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN NOTICE OF PUBLIC HEARING TRANSFER OF THE LEASE OF GOLF COURSE NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho on Tuesday, April 26, 2005 at 6:30 p.m. for the purpose of considering and I or approve a request to transfer the lease of the golf course. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials I testimony may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and I or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the - meeting. Dated this 8th day of April. Jk-.p Publish April 11 th and 18th, 2005 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING TRANSFER OF THE LEASE OF GOLF COURSE NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho on Tuesday, April 26, 2005 at 6:30 p.m. for the purpose of considering and I or approve a request to transfer the lease of the golf course. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials I testimony may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and I or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. Dated this 8th day of April. William G. 8erg, Jr. - City Clerk Publish April 11 th and 18th, 2005 The following are representatives of the various Associations: Ashford Greens Owners David Turnbull, Presidentl Association Management, Inc. Association, Inc. 12426 W. Explorer Dr., #220 1521 E. Boise Avenue Boise, Idaho 83713 Boise Idaho 83706 James Place at Ashford Greens David Turnbull, Presidenf Association Management, Inc. Owners Association, Inc. 12426 W. Explorer Dr., #220 1521 E. Boise Avenue Boise, Idaho 83713 Boise Idaho 83706 Cherry Lane Village No.3 Lonnie Morgan, President Jacqueline B. Call Homeowners Association, Inc. P.O. Box 655 3645 WoodmontDr_ Meridian, Idaho 83680 Meridian, Idaho 83642 Cherry Lane Village No.3, 4 and Lonnie Morgan, President (DBA) 5 Homeowners Association P.O. Box 655 Meridian, Idaho 83680 Lake at Cherry Lane NO.6 Dick Cude, co-chairman Charles F. Brickley Homeowner's Association 2430 N. Alto Lane 3354 W. Montrose Lane Meridian, Idaho 83642 Meridian, Idaho 83642 For all intents and pllIposes Tumbnll has lUI1led this over to II "board" of homeowners. Will not happen formally until April, 2003. TumbuD still controls 100%. Will not tum over to the "Advisory Bonrd of Directors" for at IeIlSt another year. The development is half built. City of Meridian Golf Course Impact Fees per Ordinance # Balance DATE EXPENDITURES RECEIPTS to Collect Oct91-Sep97 $100 fee + interest 9,070.00 9,070.00 FY96 24 lots 15,600.00 24,670.00 04/30/97 construction cost 385,796.98 361,126.98) FY97 27 lots 17,550.00 343,576.98) FY98 54 lots 35,100.00 308,476.98) FY99 71 lots 46,150.00 262,326.98 FYOO 41 lots 26,650.00 235,676.98 FY01 62 lots 40,300.00 195,376.98 FY02 29 lots 18,850.00 176,526.98 ending April 2002 TOTALS 385,796.98 209,270.00 176 526.98 Golf Course construction costs for Expansion 4/30/1997 Golf Course Expansion 4/30/1997 CLGC License Agreement 1/31/1997 CLGC 2nd Nine Holes 3/31/1997 CLGC 9/30/1997 CLGC Golf Sprinklers 11/30/1996 CLGC Prep for License 4/30/1997 CLGC Final Payment 11/30/1996 CLGC Soil Testing 1/31/1997 CLGC Pumphouse Additio 4/30/1997 CLGC Relocate Green 11/30/1996 CLGC Rye Grass 10/31/1996 CLGC Expansion 11/30/1996 CLGC Culverts 11/30/1996 CLGC Well Pump 11/30/1996 CLGC Pumphouse Kit TOTAL 333,114.90 100.00 16,453.24 902.87 713.75 280.00 12,141.47 ao.oo 498.25 8,500.00 1,200.00 9,466.75 779.60 1,314.68 271.47 385,796.98 Asset # 2056 2053 2049 2051 2055 2047 2052 2048 2050 2054 2045 2042 2046 2044 2043 ~ .~ ~ ~ a~ eo c:: it ~ ~E 1: .q: oE C! -.I -88 Q) c:: g> ~~ 0-= ~2 ~ @) ~I <:: ;::~ ;::.g, ~ <0 ~~ ceo :g 0) ~~ ~ ~~ ~E oq; C\/ Qi c:: Q) '(5 ~ )( E :::s I J!! ~ <3 g '"'" C") 0) ~ ~ ~ C\/r-... ~ ; co ~ <0 eo ~ '?U( ('I') E ~ ~"'* <b c:: I ~ co coco co ~ co co co co c:: ~ .m (.) 0 = 'CC c:: .s l'! 0 \.., ~ ~ CI) \.., Q) ~ ~ ~ i ~ S? Q) ~ 0 1:5 E ~ ~ ~ d J!! Q) 1::: ~ E 1:: c:: :t: e 8 ~ ~ (I) ~ 0 ~ III 1::: ; ~ ~t 1::: (I) Q) ~f ~ ~ 1::: 1::: eo eo ~~ ~ .~ -.I -.I 0 ~ ~ ~ (I) ~ tJ> Q) (I) .m .m q: ..c:: t3 CI) ~ () s; 1::: ~ Q) 16 16 (I) ~ ~ (I) ~ CI) CI) c:: J2 c::: eo (!) eo 0 ~ ~ -.I -e Q -.I Q) eo eo ~ CI) ~ -.I -.I .e (I) E: Q) Q) Q) ..t:: E Q) ~ ~ ~ t3 CI) ~ ..c:: oq; () ~~ /CITYOF "-/YLenditfn \, \~""'" IDr.H~." 'pI ~.~ MAYOR Tammy de Wee,d CITY COUNCIL MEMBEIIS Willi.m L. M. NOlI' Keith lJi,d eharlo. M. Iloll"tr.. Sh.lln W.rdl. OT'( Dtt'I\IUMliNTS Fir. 540 E. Fronk"n It".u 86S.12.H/fox 695.0390 Park. & l~o<r~"ti,>n 11 E. Bower SLrtcf SM.3579/f." $96.5501 Planning';' 7,oning 660 E. W.tertowcr Lon. Sllite 202 ~84-S5:;3/f." 888.6854 Police 1401 E. W'lerlo"'.,- L.ne 888.6678/ fax 846-7366 Public WOTk. 660 E. Wolcrtow~T Lan. Suite 200 89S.S50Qn." 89R.~55] . Building 660 E. w.t.rtower LUlO SuU. 150 887.2211/ f.. 887.1297 . Sewer (WWIPj 3401 N. Ten Mile Road S8S.2191/f." 881.0744 4 Water 223S N. W. 8th Street 688.5242/1." 884-1159 DATE TIME TO/FROM MODE MIWSEC PGS CMDll STATUS 04 04/22 16'49 3810160 EC-S 00'39" 001 139 OK 05 04/22 16' 50 PUBLIC WORKS EC-S 00'27" 001 139 OK 06 04/22 16' 51 12084664405 EC--S 00' 28" 001 139 OK 07 04/22 16' 52 8841159 EC--S 00'27" 001 139 OK 0B 04/22 16' 53 2088840744 EC--S 00' 2S" 1301 139 OK 00 04/2216'54 POLICE DEPT EC--S 00'26" 001 139 OK 10 04/22 16'55 8985501 EC--S 130'27" 13131 139 OK 11 04/22 16'56 LIBRARY EC--S 00'33" 1301 139 OK 12 04/22 16:57 92083776449 EC--S 1313'26" 001 139 OK 13 04/22 16'58 3886924 EC--S 013'27" 001 139 OK 14 04/22 16:59 P-AND-Z EC--S 1313'27" 001 139 OK 15 04/22 16:59 2138 895 0390 EC--S 013'26" 001 139 OK 16 04/22 17: 00 12831313040 G3--S 013' 31" 001 139 OK 17 04/22 17: 01 208 387 6393 EC--S 00'27" 001 139 OK 18 04/22 17: 02 "DA CTY DEUELMT EC--S 00' 26" 001 139 OK 19 04/22 17:03 8665052 EC--5 00'26" 001 139 OK 213 04/22 17:04 CHERRY LANE G3--S 00'42" 001 139 OK 21 04/22 17:06 IDr:lHO r:lTHLETIC C EC--S 00'28" 001 139 OK 22 04/22 17:07 JD PRESS TRIBUNE EC--S 00'26" 001 139 OK 23 04/22 17'08 2088886701 EC--S 00'26" 001 139 OK .. l~' P1fC\8C Pod w Pu b\ i C- WO+1 ~C - \ hl.U1..10/1 .~ NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, April 26, 2005 at 6:30 P.M. The Meridian City Council will discuss the following items: - Public Hearing: Request for Transfer of Lease for the Goff Course - Resolution No. _: Assignment of Lease and Amended Lease Agreement for the Golf Course The public is welcome to attend the meeting. CITY IlALL 33 EAST IDAI-IO AVENUE MEHI01AN. IDAHO 8364-2 (208) 888-4433 CIW CLERK-~." S8iH218 HUM,lN RE"OlIR~~.s-,,\~ 884.8723 FINANe>: ~ UTII.I1Y ~ILI.IN~-FAX 887.4AJ3 'IA'OIl'S (I1'1'ICu-lnX 884.8Wl ,~TlON REPORT l!<* DATE TI ME TO/FROM 01 04/22 17: 17 P-AND-Z 02 04/22 17: 17 2138 895 039B 133 B4/22 17: 18 12830131340 04 04/22 17: 19 2138 387 6393 05 04/22 17: 20 ADA CTY DELJELMT 06 134/22 17: 21 8885052 137 04/22 17: 22 CHERRY LANE 08 04/22 17:23 IDAHO ATHLETIC C 139 04/22 17:24 lD PRESS TRIBUNE 10 04/22 17: 25 2088886701 11 04/22 17: 29 8985501 PAGE. 01 CITY OF MERIDIAN MODE MIN/SEC PGS EC--S 1313' 19" 13131 EC--S 00' 19" 001 G3--5 013'24" 001 EC--S 00' 19" 001 EC--S 00' 18" 13131 EC--S 013' 17" 001 G3--S 013' 38" 13131 EC--S 1313'20" 001 EC--S 00' 21" 001 EC--S 130'213" 801 EC--S 00' 20" 1301 CMDj:l STATUS 140 OK 140 OK 1413 OK 140 OK 1413 OK 140 OK 140 OK 140 OK 140 OK 140 OK 140 OK \-"\t'U.~t \-'L)'::l."'I" 115 fLlYJL.l1..:/ \l~lll\:-L. - Jll\At\t-->-'~! CITY OF MERIDIAN SPECIAL MEETING AGENDA Tuesday, April 26. 2005 at 6;30 p.m. 1. Roll-call Attendance: City Council Chambers Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Public Hearing: Request for Transfer of Lease for the Go)f Course: 4. Resolution No. : Assignment of Lease and Amended Lease Agreement for the Golf Course: Mer1dlan City Special Agenda - April 26, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Mendran. Anyone desiring accommodation ror disabilities rlllated to documents and/or hearings, please contact the City Clel1c's Office at 888-4433 at least 46 hours prior to the public meeting. ( ** TX CONFi, ,rION REPORT ** AS OF PAGE. 131 DATE TIME TO/FROM 24 04/22 17:09 3810160 25 04/22 17: 10 PUBLI C lJORKS 26 04/22 17: 11 120846644135 27 134/22 17: 12 8841159 28 04/22 17: 13 20888413744 29 134/22 17: 13 POLICE DEPT 313 e,v22 17: 14 LIBRARY 31 04/22 17:15 921383776449 32 134/22 17: 16 3886924 MODE MIN/SEC PGS EC--S 00' 26" 001 EC--S 013' 18" 001 EC--S 00'20" 001 EC--S 013' 19" 0el EC--S 1313' 19" 001 EC--S 00' 18" 001 EC--S 00' 21" 0131 EC--S 0e'18" 001 EC--S ee'19" em CMD1:I STATUS 14e OK 140 OK 140 OK 140 OK 140 OK 140 OK 1413 OK 1413 OK 1413 OK y\tu~t YO';:)"'\" tU' r LJ..Y.JLLI..:.- \ ~\~III \.:.l.. - J IIv.,r ll-->-'~! CITY OF MERIDIAN SPECIAL MEETING AGENDA Tuesday, Apri12G. 2005 at 6:30 p.m. City Council Chambers 1. Roll "call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Public Hearing: Request for Transfer of Lease for the Golf Course: 4. Resolution No. : Assignment of Lease and Amended Lease Agreement for the Golf Course: Meridian City Special Agenda - April 28, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. \ ** TX CONF J RMA I r ON REPORT ** AS OF APR 28 09: 04 PAGE. 01 CITY OF MERIDIAN DATE TJ ME TO/FROM 01 04/28 09: 00 3810160 02 04/28 09: 02 IDAHO ATHLETJ C C MODE M J N/SEC PGS CMDtl STATUS EC--S 01' 59" 004 194 OK EC--S 01' 10" 004 194 OK ....--.........----........--........--------.....-----..........--------....-.......-----....--........-------..........---........-------.........--....-----..........--...--- Revised 4~25-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 26, 2005 at 7:00 p.m. City Council Chambers 1. RolI~calI Attendance: + Shaun Wardle ~ Christine Donnell Charlie Rountree ~ Keith Bird - ---X- Mayor Tammy de Weerd 2. Pledge of Allegiance: 6, Po/;<< fhleF 3/11 mu.r.r~f- 3. Community Invocation by Pastor Randy Rodes, Meridian Vineyard Church: jl~ 4. Adoption of the Agenda: ~""- M a~,(.,. 5. Consent Agenda: ~ I"\(.... A. Approve minutes of April 5, 2005 City Council Regular Meeting: ~~ B. Resolution No. tJ 5" - 1- 70 :CPA 04-003 Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed-Use Regional for Ten Mile Development LLC by Hansen-Rice, Inc, - SWC of North Eagle Road and East Pine Avenue: ~NNrrL C. Tabled from April 19, 2005: Findings of Fact and Conclusions of Law for Approval: RZ 04~017 Request for a Rezone of 61.63 acres from I-L & L~O to C-G zone for Ten Mile Develooment LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: ~W-o D. Tabled from April 19, 2005: Findings of Fact and Conclusions of Law for Approval: CUP 04~051 Request for a Conditional Use Permit for a Conceptual Planned Development for commercial I retail uses for approximately 615,430 square feet of building areas in a proposed CwG zone for Ten Mile DeveJoDment. LLC by Hansen~Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: "7/,r"l?'^'-' M~dian City CuunciJ Agcnda- April 26. 2005 Page I of 4 All matcl'hls l'rc-<cnttd aT public meetillgs s11.111 become property of the Cily of Meridia1\, Anyone desiring ~ccummodntion fordi..biliti... rcI.tct! to documenl< andlor ht:llrinl:" pi""". c"m...et the City Clt'I'J;'s Oftie. aT ~~l!-4433 at 10m 48 hour> prior 10 The public meeting. ?\tC\ se Yos-\ Pu\oll ~ N Qm (lC - ~h CU,\\(E l \ CITY OF MERIDIAN SPECIAL MEETING AGENDA Tuesday, April 26, 2005 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Public Hearing: Request for Transfer of Lease for the Golf Course: 4. Resolution No. Assignment of Lease and Amended Lease Agreement for the Golf Course: Meridian City Special Agenda - April 26. 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~}pa~ p~+ hY Pu b\ i c, i00+t/ r: - \h(tXl~ ~.I ~O /CITYOF L/Vlerzdian .4;;;'\ \ ',.",,,,. _. IDAHO >" /1 ~~'~j MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 Parks & Recreation II E. Bower Street 888-3579/ fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6854 Police 1401 E. Watertower L<lne 888-6678/ fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 J fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 J fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191 J fax 884-0744 - Water 2235 N. W. 8th Street 888-5242 J fax 884-1159 NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, April 26, 2005 at 6;30 P.M. The Meridian City Council will discuss the following items: - Public Hearing: Request for Transfer of Lease for the Golf Course - Resolution No. : Assignment of Lease and Amended Lease Agreement for the Golf Course The public is welcome to attend the meeting. DATED this 22nd day of April, 2005. ~j()J, Qm:4 0 I ~ - D"~ lt~ Q~ ~ WILLIAM G. BERG, JR - C TY C ERK CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERI(-FAX 888-4218 ~m\II\N RESOURCES-FAX 884.8723 FINANCE & UTILITY BILLlNG-E\X 887.4813 ~I;\YOR'S OFFICE-FAX 884-8119 P\f(}Se Fos+ PLlb\\c.., No\1~L -lhln\:3 U CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 26, 2005 at 7:00 p.m. City Council Chambers 1. RolI~call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Randy Rodes, Meridian Vineyard Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve minutes of April 5, 2005 City Council Regular Meeting: B. Resolution No. :CPA 04-003 Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed-Use Regional for Ten Mile Develooment. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: C. Tabled from April 19, 2005: Findings of Fact and Conclusions of Law for Approval: RZ 04~017 Request for a Rezone of 61.63 acres from I-L & L-O to C-G zone for Ten Mile Develooment. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: D. Tabled from April 19, 2005: Findings of Fact and Conclusions of Law for Approval: CUP 04-051 Request for a Conditional Use Permit for a Conceptual Planned Development for commercial I retail uses for approximately 615,430 square feet of building areas in a proposed C-G zone for Ten Mile Develooment. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: Meridian City Council Agenda - April 26, 2005 Page I of 4 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring acconunodation for disabilities related to documents and/or hearings please conlacllhe City Clerk's Office a1888-4433 at least 48 hours prior 10 the public meeting, E. Approve Beer, Wine and Liquor Licenses: Bolo's - Beer & Wine Smoky Mountain Pizza & Pasta - Beer & Wine The New Frontier - Beer & Liquor Jacksons Food Store #99 - Beer & Wine Jacksons Food Store #98 - Beer & Wine Jacksons Food Store #97 - Beer & Wine Jacksons Food Store #56 - Beer & Wine Jacksons Food Store #35 - Beer & Wine Jacksons Food Store #11 - Beer & Wine Jacksons Food Store #1 - Beer & Wine Louie's Pizza & Italian - Beer & Liquor Johnny Carino's Italian - Beer & Liquor F. Approve Beer, Wine and Liquor Licenses Pending Completion of Application: Sa Wad Dee Thai Restaurant Baja Taco Harry's Bar and Grill Maverick Country Store Meridian Speedway China Town's Quik Wok Ram Restaurant and Brew House Royal Dynasty St. Lukes' 127 Club Whitewater Saloon West of Philly Top Shelf Eddy's Vina Restaurant G. License Aareement with Namoa Meridian Irriaation District for Southern Sorinas Subdivision (Ten Mile Drain): H. Resolution No. : V AC 05-001 Request to Vacate East Manderly Lane and a 3D-foot wide agricultural easement, both being one and the same as shown on the plat of Larkwood Subdivision, at the north boundary line of Lot 13, Block 2 for Tustin Subdivision by SCS Investments, LLC - northwest corner of East McMillan Road and North Locust Grove Road: Line Item Transfer for the Centrate Basin Construction: J. Line Item Transfer for Well 20B: Meridian City Council Agenda - April 26, 2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. K. Chanae Order No.1 for the Centrate Basin Construction: L. Aareement for Well 27 Test Well Oversiaht with Hvdro Loaic: M. Wastewater Treatment Plant Expansion Proiect Task Order No. z.: N. Fifth Addendum to Exhibit 'c' to the City of Meridian f Meridian Rural Fire Protection District and Life Preservation Service Contract and Joint Exercise of Power Aareement: O. Overland Road Waterline Reimbursement - Silverstone Business Campus: P. Reimbursement Aareement - Silverstone Business Campus (Sundance Company): 6. Department Reports: A. Mayor's Office 1. Arbor Day Proclamation: B. Parks and Recreation Department: 1. Namina of Park Located in Lochsa Falls by Doua Strona: 2. Discussion reaardina purchase of new recreation software bv Catrina Thomas: C. Police Department - Bill Musser 1. Update on Police K-9 Training Facility and Request for waiver of all associated fees as the project moves towards application for CUP. D. Attorney's Office 1. Update f Comments on Vicious Doa Ordinance: 2. Update f Comments on Center Turn Lane Ordinance: 3. Update f Comments on Reoealina Bicycle Reaistration: 7. (Items Moved from Consent Agenda) Meridian City Council Agenda - April 26,2005 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. 8. Public Hearing: Review of the Louisiana-Pacific Corporation Business Expansion Project activities and accomplishments to date which shall include a summary of all expenditures to date, a general description of the remaining work, and any changes made to the scope of work, budget, schedule, location, objectives, and lor beneficiaries for the Idaho Community Development Block Grant (To be continued May 3, 2005 for LPC Presentation) 9. Ordinance No. 05-1141 : Licensed Alcohol Establishments and Prohibitina Two License Establishments within the Same Premise: (Third Reading - Public Comment will be Accepted): Meridian City Council Agenda - April 26, 2005 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.