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HomeMy WebLinkAbout2008-05-27NERIDIAN*,-, �J J CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, May 27, 2008 at 7:00 p.m. `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 the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: Mayor's Youth Advisory Council 3. Community Invocation by Glen Olsen with the LDS Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of May 13, 2008 City Council Special Workshop Meeting: B. Approve New Beer and Wine Application for Sanko Visions LLC. Dba Grains of Montana located at 1505 S. Eagle Rd. Suite 190: C. Sanitary Sewer and Water Main Easement Aareement for Corner Marketplace No. 2: D. Addendum to Development Agreement: MI 07-011 Request for a Miscellaneous application to Modify the Development Agreement to address the new neighborhood center plan and conversion of the existing Caven home into a civic / social hall for Cavanaugh by Meridian City Council Meeting Agenda — May 27, 2008 Page 1 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 hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Kastera Development, LLC — Southeast Comer of South Meridian Road and East Victory Road: E. Agreement for Independent Contractor Services with K2 Construction for Water Division Facility Phase 2 for $468,665.00: F. Agreement Extension with Billing Document Services (BDS) for Billing Services and Remote Deposits: 6. Annual Assessment with Assessor McQuade: 7. Department Reports: A. Mayors Office 1. Presentation from the Mayor's Youth Advisory Council: 2. Resolution No. : Appointment of Youth Member to Parks & Recreation Commission: B. Public Works Department: 1. Budaet Amendment for Construction Project Manager: 2. Discussion on Annexation and Utility Services for County Subdivisions: C. Purchasing Department: 1. Change Order No. 3 with Suncoast dba B&B Steel Erectors, Inc. for Meridian City Hall Phase 3 for a Not to Exceed Amount of $17,085.05: 2. Chance Order No. 3 with MJ's Backhoe & Excavation, Inc. for Meridian City Hall Phase 2 for a Not to Exceed Amount of $35,204.00: 3. Chance Order No. 1 with TTE-Pre-Com for Meridian City Hall Phase 3 for a Not to Exceed Reduction of Negative - $29,687.37: 4. Change Order No. 1 with American Wallcover, Inc. for Meridian City Hall for a Not to Exceed Amount of $7,665.30: Meridian City Council Meeting Agenda — May 27, 2008 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 hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 5. Chance Order No. 2 with American Wallcover, Inc. for Meridian City Hall Phase 3 for a Not to Exceed Amount of $1,968.60: 6. Chance Order No. 1 with AATronics for Meridian City Hall Phase 3 for Meridian City Hall Phase 3 for a Not to Exceed Amount of $4,527.86: 7. Change Order No. 4 with Sidewalks, LLC for Meridian City Hall Phase 2 for a Not to Exceed Amount of $64,519.57: 8. Change Order No. 1 for Heroes Park Construction with Boise Excavation, LLC for a Not to Exceed Amount $9,779.25: D. Parks Department: 1. Discussion on Boys and Girls Club: 8. Items Moved from Consent Agenda: 9. FP 08-004 Request for Final Plat approval for 65 single-family building lots and 5 common lots on 20.51 acres in an R-4 and R-8 zone for Olive Tree at Spurwinq Subdivision by Spurwing Limited Partnership — north of West Chinden Boulevard and west of North Spurwing Way: 10. Continued Public Hearing from May 20, 2008: AZ 08-003 Request for Annexation and Zoning of 12.06 acres from RUT to R-40 (10.56 acres) and C -C (1.15 acres) zones for Regency at River Valley (REVISED) by Mason & Stanfield — 2500 North Eagle Road: 11. Continued Public Hearing from May 20, 2008: CUP 08-004 Request for Conditional Use Permit for a multi -family development in a proposed R-40 zoning district for Regency at River Valley by Mason & Stanfield — 2500 North Eagle Road: 12. Continued Public Hearing from May 20, 2008: VAR 08-002 Request for Variance to UDC Table 11-3C-6 for a reduction in the number of parking spaces required for multi -family dwellings in covered carports or garages for Regency at River Valley by Mason & Stanfield — 2500 North Eagle Road: Meridian City Council Meeting Agenda — May 27, 2008 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 hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 13. Public Hearing: VAC 08-004 Request for a Vacation of a portion of the public utility easements platted with Verona Nos. 2 and 3 Subdivision for Verona Nos. 2 and 3 by Primeland Development — NEC of W. McMillan Road. and N. Ten Mile Road: 14. Public Hearing: ZOA 08-001 Request for a Zoning Ordinance / Unified Development Code (UDC) Text Amendment to modify, clean up and add specific sections to the UDC (see application for details of all sections proposed for amendments) for Unified Development Code Text Amendment #4 by the City of Meridian Planning Department: 15. Ordinance No. : RZ 07-014 Request for a Rezone of 30.08 acres from R-8 to C -N (13.59 acres) and TN -C (16.49 acres) zones for Cavanaugh by Kasterra Development, LLC — Southeast Comer of South Meridian Road and East Victory Road: 16. Ordinance No. 08-1366 : Reconsideration for Final Decision Ordinance (2nd of 3 Readings): 17. Executive Session per Idaho State Code 67-2345(1)(b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student): Meridian City Council Meeting Agenda — May 27, 2008 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 hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • E IDIAN - 0 Revised 5-27-08 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, May 27, 2008 at 7:00 p.m. Opened Meeting at 7:25 p.m. "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 the best of the ability of the presenter." 1. Roll -call Attendance: X David Zaremba X Joe Borton X Charlie Rountree _X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Mayor's Youth Advisory Council 3. Community Invocation by Glen Olsen with the LDS Church: Gene Bennett w/ Petra led the Invocation 4. Adoption of the Agenda: Bird/Rountree — Added Item 7A3 Under Mayor's Office — Award of Scholarships 5. Consent Agenda: Approve — Bird/Rountree A. Approve Minutes of May 13, 2008 City Council Special Workshop Meeting: B. Approve New Beer and Wine Application for Sanko Visions LLC. Dba Grains of Montana located at 1505 S. Eagle Rd. Suite 190: C. Sanitary Sewer and Water Main Easement Agreement for Corner Marketplace No. 2: Meridian City Council Meeting Agenda — May 27, 2008 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. NNS ml� 0 • Revised 5-27-08 D. Addendum to Development Agreement: MI 07-011 Request for a Miscellaneous application to Modify the Development Agreement to address the new neighborhood center plan and conversion of the existing Caven home into a civic / social hall for Cavanaugh by Kastera Development, LLC — Southeast Comer of South Meridian Road and East Victory Road: E. Agreement for Independent Contractor Services with K2 Construction for Water Division Facility Phase 2 for $468,665.00: F. Agreement Extension with Billina Document Services (BDS) for Billing Services and Remote Deposits: 6. Annual Assessment with Assessor McQuade: Assessor McQuade spoke and gave a handout 7. Department Reports: A. Mayors Office 1. Presentation from the Mayor's Youth Advisory Council: RoAnn De Weerd and Nicole Foster spoke 2. Added Award to Scholarship Winners: BreAnna McCutchin was awarded a $1,000.00 scholarship. The second one was awarded to Caryle Marxe. Sarah Steele was awarded the 3rd one. The 4th was awarded to RoAnne De Weerd. 3. Moved to Item #3 Resolution No. (Proposed # 08-610): Appointment of Youth Member to Parks & Recreation Commission: Zaremba/Borton — Approved B. Public Works Department: 1. Budaet Amendment for Construction Project Manaaer: Tom Barry from PW spoke. Keith Watts from Purchasing also spoke. Tom will meet with his liaison (Rountree) and with Keith Watts and they will bring this back next week as per request from the Mayor. 2. Discussion on Annexation and Utility Services for County Subdivisions: Tom Barry spoke. Clint Dolsby spoke. Anna Canning spoke. Ron Anderson spoke Meridian City Council Meeting Agenda — May 27, 2008 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 0 Revised 5-27-08 about fire flow issues with annexing or not annexing. Defer the rest of this conversation to 6/10 workshop along with Caleb's items. Anna asked why Caleb's items are not on the draft Agenda for the 6/10 meeting. I will check into it. Add this discussion to Caleb's item and do not accept/add any more items to be added to the 6/10 workshop agenda. C. Purchasing Department: Approve items C1 -C8 Bird/Rountree, Note: Councilman Borton was absent for the vote 1. Change Order No. 3 with Suncoast dba B&B Steel Erectors, Inc. for Meridian City Hall Phase 3 for a Not to Exceed Amount of $17,085.05: 2. Chance Order No. 3 with MJ's Backhoe & Excavation, Inc. for Meridian City Hall Phase 2 for a Not to Exceed Amount of $35,204.00: 3. Change Order No. 1 with TTE-Pre-Com for Meridian City Hall Phase 3 for a Not to Exceed Reduction of Negative - $29,687.37: 4. Change Order No. 1 with American Wallcover, Inc. for Meridian City Hall for a Not to Exceed Amount of $7,665.30: 5. Chance Order No. 2 with American Wallcover, Inc. for Meridian City Hall Phase 3 for a Not to Exceed Amount of $1,968.60: 6. Change Order No. 1 with AATronics for Meridian City Hall Phase 3 for Meridian City Hall Phase 3 for a Not to Exceed Amount of $4,527.86: 7. Change Order No. 4 with Sidewalks, LLC for Meridian City Hall Phase 2 for a Not to Exceed Amount of $64,519.57: 8. Change Order No. 1 for Heroes Park Construction with Boise Excavation, LLC for a Not to Exceed Amount $9,779.25: D. Parks Department: Meridian City Council Meeting Agenda — May 27, 2008 Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. n LJ • Revised 5-27-08 1. Discussion on Boys and Girls Club: Motion to approve that upon vacation of the Boys and Girls Club, Parks and Rec. will take possession. Approve — Zaremba/Rountree Note: Councilman Borton was absent for the vote. 2. Budget Amendment for Additional Attendants at Settler's Park Splash Pad for $27,202.00: (Tuesday Agenda Revision Approved by the Mayor) Approve — Zaremba/Rountree Note: Councilman Borton was absent for the vote. 8. Items Moved from Consent Agenda: 9. FP 08-004 Request for Final Plat approval for 65 single-family building lots and 5 common lots on 20.51 acres in an R-4 and R-8 zone for Olive Tree at Spurwing Subdivision by Spurwing Limited Partnership — north of West Chinden Boulevard and west of North Spurwing Way: Approve — Rountree/Bird Note: Councilman Borton was absent for the vote. 10. Continued Public Hearing from May 20, 2008: AZ 08-003 Request for Annexation and Zoning of 12.06 acres from RUT to R-40 (10.56 acres) and C -C (1.15 acres) zones for Regency at River Valley (REVISED) by Mason & Stanfield — 2500 North Eagle Road: Lars Anderson w/ Bach Homes spoke. Close Public Hearing Rountree/Zaremba. Motion to approve with all staff and applicant comments w/ a note for the DA to include Anna's conditions that she was typing on the overhead in the Council Chambers. Approve — Rountree/Zaremba Note that Borton was present for voting. 11. Continued Public Hearing from May 20, 2008: CUP 08-004 Request for Conditional Use Permit for a multi -family development in a proposed R-40 zoning district for Regency at River Valley by Mason & Stanfield — 2500 North Eagle Road: Approve — Rountree/Zaremba 12. Continued Public Hearing from May 20, 2008: VAR 08-002 Request for Variance to UDC Table 11-3C-6 for a reduction in the number of parking spaces required for multi -family dwellings in covered carports or garages for Reaency at River Valley by Mason & Stanfield — 2500 North Eagle Road: Approve — Rountree/Zaremba 13. Public Hearing: VAC 08-004 Request for a Vacation of a portion of the public utility easements platted with Verona Nos. 2 and 3 Subdivision for Verona Nos. 2 and 3 by Primeland Development — NEC of W. McMillan Meridian City Council Meeting Agenda — May 27, 2008 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Revised 5-27-08 Road and N. Ten Mile Road: Close Public Hearing — Borton/Bird. Approve — Borton/Bird 14. Public Hearing: ZOA 08-001 Request for a Zoning Ordinance / Unified Development Code (UDC) Text Amendment to modify, clean up and add specific sections to the UDC (see application for details of all sections proposed for amendments) for Unified Development Code Text Amendment #4 by the City of Meridian Planning Department: Motion to continue to 6/3 meeting. Rountree/Bird 15. Ordinance No. (Proposed # 08-1367): : RZ 07-014 Request for a Rezone of 30.08 acres from R-8 to C -N (13.59 acres) and TN -C (16.49 acres) zones for Cavanaugh by Kasterra Development, LLC — Southeast Comer of South Meridian Road and East Victory Road: Approve Bird/Rountree 16. Ordinance No. 08-1366 : Reconsideration for Final Decision Ordinance (2nd of 3 Readings): 17. Executive Session per Idaho State Code 67-2345(1)(b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student): Into Executive Session at 10:06 p.m. Bird/Borton Out of Executive Session at 11:43 p.m. Bird/Borton Adjourn at 11:43 p.m. Borton/Bird Present at Meeting: Anna Canning -Planning Tom Barry -Public Works Keith Watts -Purchasing John Overton -Police Ron Anderson -Fire Will Berg -Mayor's Office Stacy Kilchenmann-Finance Steve Siddoway-Parks Clint Dolsby-Public Works Gene Bennett from Petra Bruce Freckleton-Building Dept. Meridian City Council Meeting Agenda — May 27, 2008 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting May 27, 2008 A meeting of the Meridian City Council was called to order at 7:25 p.m., Tuesday, May 27, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Joe Borton, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Anna Canning, John Overton, Ron Anderson, Tom Barry, Clint Dolsby, Steve Siddoway, Keith Watts, Bruce Freckleton, Will Berg, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Thank you for being patient with us. We had an extra long Executive Session. So, welcome. For the record, it is Tuesday, May 27th. It's 25 after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: Mayor's Youth Advisory Council. De Weerd: Item No. 2 -- this is going to be a long evening. Item No. 2 is our pledge of allegiance. Tonight we will be led by the Mayor's Youth Advisory Council. If they would come forward and lead us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Gene Bennett: De Weerd: Item No. 3 is our community invocation. I have listed on our agenda that we will be led tonight by Glen Olson with the LDS church. Did he send an alternate? Well, since I see Gene Bennett here, I will ask him to lead us in the community invocation. And thank you for being a great sport. If you will step up to the microphone. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you, Gene. Bennett: You're welcome. Let's bow our heads in prayer. Most Holy Father, we do give you thanks for this nation that we live in and particularly for today, Lord, that our guiding each of us through the -- through the day and also through the preliminary ballots that are being cast this day in this country. We pray your blessing upon this country and we thank you for all your provision and your protection over our families everywhere, Lord. Amen. 0 Meridian City Council May 27, 2008 Page 2 of 52 s De Weerd: Again, thank you. Gene, I would like to give you a City of Meridian pin, which we traditionally do for those who lead us in the invocation. Bennett: Thank you. De Weerd: You know, the community invocation is a tradition that we rotate different communities of faith that lead us in the invocation. There are a couple of times where we have an absence and so I always pick on someone. So, I appreciate your willingness to step up and lead us. Thanks, Gene. Item 4: Adoption of the Agenda: De Weerd: Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda we have -- under the Mayor's office we would like to add as item three a presentation of the scholarships to the worthy students and on the regular agenda we have Item 15, the ordinance 08-1367. And with that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as revised. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of May 13, 2008 City Council Special Workshop Meeting: B. Approve New Beer and Wine Application for Sanko Visions LLC. Dba Grains of Montana located at 1505 S. Eagle Rd. Suite 190: C. Sanitary Sewer and Water Main Easement Agreement for Corner Marketplace No. 2: D. Addendum to Development Agreement: MI 07-011 Request for a Miscellaneous application to Modify the Development Agreement to address the new neighborhood center plan and conversion of the Meridian City Council May 27, 2008 Page 3 of 52 existing Caven home into a civic / social hall for Cavanaugh by Kastera Development, LLC — Southeast Comer of South Meridian Road and East Victory Road: E. Agreement for Independent Contractor Services with K2 Construction for Water Division Facility Phase 2 for $468,665.00: F. Agreement Extension with Billing Document Services (BDS) for Billing Services and Remote Deposits: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Annual Assessment with Assessor McQuade: De Weerd: Item No. 6 is our favorite time of year. We have discussion on our annual assessment with the Assessor McQuade. Thank you for joining us today. McQuade: It's my pleasure to be back. I just can't believe this year has just gone by and it's time to give you the update of what's been going on in my world of property tax assessment. Before I get started I see that sign says just three minutes or less. I'll do my best to stay within that. De Weerd: That was just for you, too. McQuade: I was afraid one of my employees took it out of our conference room. This has been an interesting year in the assessment arena. We are sending out 186,000 notices. Those went out last Friday and they are in the mail right and they seem to be just sweeping from the western part of the county over to the eastern side, we have been getting calls and that seemed to be the area they have been coming from. We •Meridian City Council May 27, 2008 Page 4 of 52 have 33,500 assessment notices mailed out to owners of property in Meridian. Just a couple of things before we get into the numbers. These numbers I think are relatively accurate. I have been comparing what we have been handing you this time of year in years past and the final numbers end up being about 95 to 98 percent. So, I think it's reasonably close for this early in the game. Of course, they are subject to changes through the board of equalization. The tax commission weighs in with operating property and whatnot, but I think they are reasonably accurate. Something, too, that I just wanted to point out, as I go through your numbers and give percentage of changes, it's surprisingly close to the county in general. I will go to some communities and some of the school districts and the numbers -- there is a significant departure that here at -- the numbers that I give you, all except one — and I will point that out -- are pretty close to what's going on in the county. Lastly, two things really stand out with the assessment this year in the county and that is -- you know, we are coming off of two years where we were seeing 20 percent increases to where that is just almost stopped. We are also looking at new construction. That is significantly less. And so to me that's -- as I saw what was coming out with the assessment, those are two things that to me just stood right out, how a rapid appreciation is stopped and new construction is way off. With that having been said, the total market value of Meridian city is 8.3 billion. That's up six percent over last year. Just by way of comparison, it was 29 percent increase last year. So, you have gone from an increase of 29 percent down to a six percent increase. And the year for 2006 you had a 45 percent increase over 2005. So, it just shows how things are slowing down so rapidly. Taxable value, that's market value less the exemptions. That's up four percent and taxable value is percent of the total value. In other words, about 25 percent of the value is coming off because of exemptions. And you know what I'm going to do, I have got some copies of these numbers to save you having to write those down. The residential parcel -- you have got 29,600 residential parcels and that's up five percent over the previous year. Market value of the residential property is 6.2 billion. That's up two and a half percent. Again, looking at last year -- okay. We had two and a half percent increase this year. It's a 30 percent increase last year and the year before that it was 45 percent increase. So, it was just -- the values are just exploding. The numbers I think most people really seem to be interested in and that is the valuation on existing residential. I don't know if you have seen this in the paper. But the median change in existing residential properties in Meridian is a three percent decrease. Last year you had a 13 percent increase. This is where there was a departure from the county as a whole. The county as a whole we are seeing about a half percent increase. So, you're a three percent decrease. That's a median decrease. That's one of the -- the larger ones in the county and, again, the median decrease is 50 percent of the property saw less than a three percent decrease and the other half saw a three percent or more change. Commercial parcel came out 3,989. It's up three percent over last year's 3,867. Market value two billion. It's up almost 20 percent to last year's 1.6 billion. And it's an 11 percent increase. And that's something we are seeing throughout the county is commercial still has had a -- has been fairly healthy. It seems to be a bit counter cyclical to the residential property. Median increase for existing is six percent and that's almost what it was last year at eight percent. Now, let's talk about the new construction for a minute. That's important, because of budgets can increase by three percent plus last year's levy times the new construction. To show how Meridian City Council • May 27, 2008 Page 5 of 52 significant that has been, last year Ada County we increased our, budget only by the new construction, we didn't take the three percent. That got us by and the commissioners were excited to do that. Again that's really -- it's a very important piece of the budget. Market value of new construction is after the homeowner's exemption is 409 million. That's a 40 percent decrease for the last year's new construction. And, by the way, the year prior to that we were seeing increases in new construction of 50 percent. So, we have gone from a 50 percent increase in new construction to a 50 percent decrease. And that seems to be really dramatic. We have 1,098 new parcels. That's a 46 percent decrease over the number of new parcels last year at 170 million dollars, that's off 48 percent from the 330 million the year before. Commercial, 151 new parcels. That's just about almost no change from the previous year, 135 million. But that's up 41 percent over the 91 million that you had last year. And new subs is a change of status. This is an important number, too, because this is where we have seen the biggest change in the county. Let me just -- you got 105 million new subs change of status. That has been subdivided into parcels or it is ag land. It's now loss, ag exemption is just bare land, that's 105 million. There is a 59 percent decrease over last year's 255 million. We in our office -- this is where we have really seen the dramatic decreases is in the land values. People who were getting 95,000 dollars for lots are trying to sell those lots for 40,000 dollars today. It's -- and I don't know if we have seen the bottom yet. Some people say we have seen it, others don't. The numbers are a bit mixed right now. Urban renewal is 139 million compared to 116 million. Urban renewal seems to be one of the few winners in this whole ball game. They seem to be picking up. And another number that I think is interesting, that's the tax burden, who is paying the property tax, residential or commercial. The residential here in Meridian is 64 percent, commercial is 36 percent, compared to the county, the county is at 68 and 32. That to me is what really stands out with our assessment this year, again, is what's gone on with the new construction to me is -- is very telling as a whole industry and, then, of course, we have seen increases just completely stop. One point I would like to make, too, I have had some groups have asked me -- right now the values have been going down about one percent a month from the first of the year. These are values as of the first of the year. If it continues to go one percent a month we will see maybe a ten percent drop in values next year, but who knows where it's going to end up. But I have several taxing authorities say we need to know, because that's how much we are going to reduce our budget by. Well, first of all, we are only talking about the property tax piece and, secondly, the property tax piece is not tied -- the amount of the budget is not tied to the valuation. A lot of people think it is. When we have your 20 percent increase they think the budgets go up 20 percent increase, but as we said a minute ago, the budget's going to increase by three percent over the previous year's budget, plus new construction. So, even if you had a ten percent decrease in value over this next year, your budgets don't necessarily have to decrease by ten percent, that would be a policy decision you would make. But under state law you could increase -- even though if there was a ten percent decrease, you could increase your budget by three percent plus any new construction that occurred. Are we going to be a ten or 12 decrease, we don't know. But, again, we know for the first four months of this year the values have dropped about four percent. And, Madam Mayor, Members of the Council, those are my comments for this year. Any questions? • Meridian City Council. May 27, 2008 Page 6 of 52 De Weerd: Council, questions? Bird: I have none. Good report. Zaremba: It's very enlightening. Thank you. McQuade: It is, isn't it. Well, we will just see what happens when the rest of the people start getting their assessment notice. We have never seen this before. In all my time there in the office we have never seen this slow of a growth. We have seen two and four percent, but nothing -- it's a half a percent. And Star, Meridian, and some other areas are actually seeing decreases in existing residential value. All right. I have exceeded my three minutes. I will tum this back over to Madam Mayor. De Weerd: Thank you so much. We appreciate you coming. McQuade: We will see you next year. Item 7: Department Reports: A. Mayors Office 1. Presentation from the Mayor's Youth Advisory Council: De Weerd: Okay. Now, after that rousing presentation on numbers, we have our Youth Council that will be doing their year end presentation to Council on their activities over this last school year. So, I would ask their chair RoAnne to come forward and Nicole. You can tag team it, but you do have to use a microphone. You can use this, it's portable, if you would like. R.de Weerd: Okay. De Weerd: And if you will, please, state your names for the record. R.de Weerd: RoAnne de Weerd. Foster: Nicole Foster. De Weerd: Thank you. R.de Weerd: Next. Next. Next. Yeah. Okay. Wait. I think there is more. No, there is not. Sorry. Well, this is awkward. Let me stand right here. It's been an exciting year. It's kind of sad, it's my last year. I have been with the Council all four years, so in my opinion we have accomplished the most this year. Over the last four years I have seen a lot of change in the Council, starting with our biggest project, which is a can food drive. The next year being a bigger can food drive and raising money for the Food Meridian City Council • May 27, 2008 Page 7 of 52 Bank, to the Habitat for Humanity project the next year and, then, this year the Habitat for Humanity house actually being built and a lot of other various projects. So, I was the chair. Our vice chair was Sara Steele. Our secretary Lindsey Urban. Treasurer Mike Profitt and historian was Nicole Foster. Next. Foster: Okay. We had school representatives from some of the high schools in the area. Kris Kezar was the representative from the Technical Charter School and Bonnie Metcalf was the representative from Centennial and Indra Gomez was representative from Meridian and Carly Marks was the representative from Mountain View High School. And they served on the executive board and they represented their schools in kind of a correspondence from -- via Council to the schools. R.de Weerd: That was something different this year. In the past we have only had our five executives and we decided since we are the only voting body, that we would increase the number and include the schools that we represent to have a voice. Our subcommittees. De Weerd: RoAnne, before you move on, just -- just to refresh Council's memory, we did have a representative from the three high schools or -- let's see. Yeah. From Meridian High and Mountain View that have their schools in our city limits. Then, we did have also members at large and that's -- Bonnie and Kris were those two. R.de Weerd: And next year we will have a spot -- or they will have a spot for Rocky Mountain, because that will be another large school. Subcommittees. Another different thing that we did this year was each of the five executives on the main executive board, they would have -- head up their own subcommittee and our former secretary Bekah Lloyd, she was chair of the Idaho Meth Project. I chaired the Government Affairs Subcommittee. Nicole Foster chaired the Habitat for Humanity. Sara Steele chaired the Gang Awareness. And those were our -- we didn't have a fifth one, because that seemed like enough for us and -- I mean we had a few floating ones, like a pet project thing and it just -- we were more successful with those couple. Foster: Okay. One of our first projects this year was with the Government Affairs Subcommittee and we organized the first ever youth led debate where students from Meridian High School government classes could write questions to ask to the Mayor -- the people running for Mayor and we only had one candidate turn out, but it turned into a discussion and we had news stations there. It was a good turn out and it was good for the youth to get involved in their community. R.de Weerd: They had -- or Heritage Auto Body had the Car Care Fair and they came to us for volunteers and so we had a few members go out and help out and also sell Idaho Meth Project bracelets. We tried to sell bracelets as much as we could at every event that we helped and volunteered at and that probably brought in about a hundred dollars extra to the project. Meridian City Council • May 27, 2008 Page 8 of 52 Foster: Okay. At the Meridian Classic Fun it was just to support the community and the in the fall. Is Run there were youth volunteers there and YMCA put it on. It was early on in the year R.de Weerd: The Association of Idaho Cities had a Legislative Day, chance for cities around Idaho to correspond with their legislatures. And we sent a few youth members from the Government Affairs Subcommittee to the Legislative Day as a follow up from our breakfast, which we will be talking about soon. And also in support for the vending machine reform resolution. And we had lunch with them, which was cool. Foster: Okay. State of the City. I'm sure many of you attended that. RoAnne talked about what we have accomplished this year and it was a good way for the community to know what we do and there was Taste of Meridian afterwards and we volunteered and helped out where ever we were needed. R.de Weerd: Probably one of our most successful events, which was put in about three weeks, was our board by board, brick by brick dinner auction. We had maybe a little under a hundred people show up to the auction and we raised 7,000 -- roughly 7,000 dollars through the silent auction through the cost of tickets and some of the items that we auctioned off was a puppy and signed footballs and so it was a really good event. Foster: And the money from that event was split between the Idaho Meth Project and Habitat for Humanity, because they were probably our biggest projects for this year. The Boys and Girls Club held a fair. We volunteered at that and talked about the impact of drugs on -- we talked to different children from the area and warned them about it and gave them our perspective on current issues and it was right at the beginning of spring break. R.de Weerd: The Governor's Brightest Star award, one of our members won the youth award, Carly Marks. And the Anti-drug Coalition also won an award and I was a nominee. And so it's kind of cool to have two youth members from Meridian get nominated and, then, one actually win the award. And I think it's mainly for our participation in the Mayor's Youth Advisory Council. Foster: These are just more pictures from the Governor's Brightest Star award. Okay. This was the Mayor's Anti-drug Collation town hall meeting and the Youth Council volunteered at this and it was, basically, to -- the town hall meeting to prevent drinking in the youth and we volunteered at that and -- yeah. R.de Weerd: Okay. One of our -- probably the second event put on by the Youth Council was done through the Government Affairs Subcommittee. We decided to partner with the American Heart Association and also we had an advisor. This was a very involved subcommittee. Our advisor was Cheryl Miller from American Auxiliary and she has a lot of background in legislative issues and Adrian Casper is the executive director of the American Heart Association and so with those two kind of, you know, helping us out and guiding us. Adrian went to us for our help in getting new support for a • Meridian City Council May 27, 2008 Page 9 of 52 resolution. We wanted it to be a bill, but it was downsized to a resolution, but it was brought on by -- or sponsored by Representative Henbest and it was a reform in our vending machines at schools, an initiative for all schools to follow, and we were the lead group that supported it, lobbied for it, helped out Adrian Casper and that was a huge stepping stone for our Youth Council to be involved in state affairs. It passed in the House with six opposed and, unfortunately, it failed in Senate Education Committee. Foster: I'll let RoAnne talk about this. It was the Hundred Best Conference in DC and she attended. I did not. R.de Weerd: Something that was cool about this conference was that we got to send two youth representatives, Bekah Lloyd and Sara Steele, and I went on behalf of America's Promise. So, we got to have that extra seat. But we brought youth that were really involved with the betterment of underprivileged kids in Meridian and also Meridian's Promise and we attended sessions and Bekah Lloyd actually spoke in front of the whole conference about Meridian and our involvement in the city. Foster: The American Heart Association Gala was another event that the Government Affairs Subcommittee volunteered at and it was very successful, as I understand. I did not attend this event, but many youth members did and -- yeah. R.de Weerd: No. I mean it's just another example on how the City of Meridian can tum to us if they need help, you know, we don't get paid, but we like to volunteer our time. Foster: Prevention Shines Conference was in Sun Valley this year and four Youth Council members were chosen to go, along with the Mayor. Kris Kezar, Michael Profitt, RoAnne and I all went and we went to different sessions and learned about various different topics that we can take back to the Youth Council for next year to help lead and also just have opinions on different issues and this was a really good learning experience for me. I had never experienced something like this and really glad I had the opportunity to go. R.de Weerd: And we were really exhausted at the end of it. Other events that we helped out was the Idaho Meth Project Air Show. We had about 15 members go and help out there. And also this is really cool. The Idaho Meth Project asked us to get interviewed for PBS, their Now show, and we were -- a few of our members felt comfortable being on national air and so it viewed nationally and it's, actually, on their website and so people can watch it whenever. But we mainly talked about the effects that we feel meth has in our community and how our peers are responding to the ads that the Idaho Meth Project put out. And there is our Council. And I think that's the end. Oh. Our next Council. This is our chair right here. I think that she's going to be a great chair. She's been on the Council for two years now and probably has been one of the most involved members. Our vice chair is Kris Kezar. Our secretary is Lindsey Urban again. And our treasurer is Madelyn Pfiffer. And our historian is Christine Nusbaum. And we don't have representatives yet, because we want to give the at large new Council an opportunity to be on the executive board. In a nutshell, you guys saw that • •Meridian City Council May 27, 2008 Page 10 of 52 we were involved in a lot of different activities around the community and I think that when people in Meridian think of the Mayor's Youth Advisory Council they think of an opportunity to serve and that's one of the promises that Meridian has promised the citizens and so I encourage further support for the Youth Council and I really enjoyed the opportunity to be on it. It's definitely opened many doors and I don't think I would be where I am today without -- without this group. Do you guys have any questions? De Weerd: Council, any questions? Zaremba: Thank you for all you have put in. It helps the city. De Weerd: Well, Council, I would like to make a comment. It's always been a pleasure working with the members of the Youth Advisory Council. Their energy, their compassion, and their interest in truly making a difference in our community continues to amaze me every year. Every year it's a little bit different. They decide at the beginning of the year what they will be involved in. It's a process that is very democratic in how they choose those and they are very committed carrying them forward. As you can see in most of the projects that they were involved in, they have left a huge fingerprint and this doesn't happen very often that kids can rally together and make such a huge difference in their community and they have and I'm very proud of them. I have seen them all grow in various forms in leaderships and being able to better express themselves and really get out and show why these projects are so meaningful to them. So, it has -- I have been the benefactor in all of that. And, of course, I always get emotional. I'm just very -- I'm just very honored to have served with these -- that's why they always leave me my Kleenex. But I'm very honored to serve with all of you. You amaze me all the time. So, thank you. De Weerd: At this time I would also like to take the opportunity to acknowledge our scholarship winners and give them an opportunity to -- we do have two gifts. We handed out gifts to the graduating seniors at the Youth Council meeting, the final one of the year, and two of the members weren't able to be there, so I do have something for you. And I do want to read a little bit about each of our scholarship members, so I'm going to come down to the podium. And certainly when I read your name, if you will come and stand next to me. And the first one is Breanna. Breanna McCutchen. And Breanna is amazingly talented. She's been one of the City of Meridian's intems and she's a student at the Meridian Technical Charter High School. She will be attending the College of Idaho, where I met her mom when we went for registration day and she plans to major in business marketing and fine arts. She's been active in Skills USA Idaho and will be going to nationals. I'm trying hard not to be emotional, okay? And, then, when I try hard I just get more emotional. She's a member of the National Honor Society and she was involved in the Mayor's Youth Advisory Council and she's made a tremendous impact on our city with the work she's done with logos and the web design. Incredibly talented. I know this young lady will go to great heights in your career and whatever you choose I know you will be successful in. So, I would like to give you this gift and Shelley made it especially for you and give you a City of Meridian pin. Breanna gets a thousand dollar scholarship and we wish her great success in her future. Meridian City Council May 27, 2008 Page 11 of 52 De Weerd: Okay. I will try not to blubber with the rest of you, okay? Okay. Carly. You know, I think they thought if they reelected me maybe I would have matured by now. Forget that. Okay. Carly has been on the Youth Council for two years. She is graduating from Mountain View High School. She's been a representative for that school. She will be attending the School of Ministry -- and you are first, for her first two years and, then, she'll move onto Boise State University. At Boise State she will be majoring in political science and government. I will have to talk to her about that one. She has been on the Mountain View High School Student Council. She is a member of the National Honor Society. She lettered in track, cross country, and snow ski team. She is a member of the Mayor's Youth Advisory Council. She was very active in the March Against Meth last year and she was the statewide winner of the Governor's Brightest Star Award because of her efforts and service to our community, as well as her church community. So, I would like you to join me in congratulating Carly Marks. De Weerd: Okay. Sara Steele. Sara will be graduating from Meridian High School. She will be attending Cotty College and will be majoring premed. She's been active in the Key Club for four years. Has served as secretary of the Meridian High School Association of Student Body. She's founder and president of Impact, which is an anti drug club there at her school. She's been a member and vice-president of the Mayor's Youth Advisory Council for two years. And she's been our youth representative as a voting member on the Parks Commission. And she's had very good attendance. Our very first youth member who's had good attendance on that board. So, that is very meaningful in and of itself. She's active with the Treasure -- she was active in the Treasure Valley Partnership -- Youth Partnership. She was a Girl's State participant. Active with the Mayor's Anti Drug Coalition and she's got a real passion for that and you know it when she's in the room. She's a volunteer at Chief Joseph Elementary School and she has been involved not only as a voting member, but also on the Parks Commission since October of 2006. She has been a huge asset to the Youth Council and we appreciate her greatly. So, join me in congratulating Sara. De Weerd: Okay. Last and certainly not least, we have RoAnne de Weerd. And I might mention, just so no one thinks that this was all stacked, we did have a neutral body that chose -- we took all the names off of the applications and we have Meridian's Promise Board that reviewed all of the applications and I think they picked the right ones, but I had no influence, it was all done under no names, and these certainly came shining out and you can certainly understand by just the little bit that I have read on each of these young ladies why they were chosen. RoAnne, she is graduating from Meridian High School. Thank God. She will be attending the College of Idaho and majoring in political economy. She has been active in Key Club for four years. Is a Girl's State participant. Chair of the Mayor's Youth Advisory Council for two and a half years. She served as youth chair for the March Against Meth. She's been very active in the Idaho Youth Project and is interning as a paid intern. She's been volunteering all year in their office I think twice each week for the whole afternoon as a volunteer. So, she's certainly given them a lot of time. She helped form the Treasure Valley Youth Partnership. She serves on America's Promise national youth partnership team. She Meridian City Council May 27, 2008 Page 12 of 52 served on Meridian High School wellness committee. She served on Meridian school district's wellness committee, who helped promote healthy foods in vending machines. She participated in the YMCA youth government and she was named Idaho Statesman's Volunteer of the Year in 2007. So, please, join me on congratulating RoAnne. De Weerd: So, again, I would like to congratulate our scholarship winners and wish each and every one of you good luck in your future endeavors and thank you from the Council and I for your service to our community. I would like to thank the parents of these young ladies. We know oftentimes it's a family that supports their many hats they wear in running them all over town on many occasions. So, we thank you for the support you have given your kids and, again, thank you so much for joining us tonight. 2. Resolution No. : Appointment of Youth Member to Parks & Recreation Commission: De Weerd: Okay. Item No. 7-A-2 is Resolution 08-610. It's an appointment of our youth member to the Parks and Recreation Commission. The name you have in front of you is for a one year appointment. It is for Ashley Williams. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Before you go on, while Sara Steele is still here, I would like to comment that as the Council liaison to the Parks and Recreation Commission, I have had the pleasure of watching her not only attend, but to contribute to the Commission. As she retires I want to say that she will be missed. Her work there has been appreciated and I know it's in among all the other things that you have been doing, but your contribution was equal to all of the non -youth members as well. I don't know what to call them exactly, but -- De Weerd: The older ones. Zaremba: Yeah. I didn't want to say it that way. But I certainly appreciated your contribution on the commission and felt that you made a valuable contribution to it. So, thank you very much as you retire. De Weerd: Well, I can tell you that each of those Youth Council members -- our youth members never hesitated to share their opinion on anything. So, thank you. Thanks, Sara. Okay. We are on Item 7-A-2 and I need a motion to approve this resolution. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. 0 Meridian City Council May 27, 2008 Page 13 of 52 Zaremba: I move we approve Resolution 08-610. Borton: Second. • De Weerd: I have a motion and a second to approve the resolution. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Public Works Department: 1. Budget Amendment for Construction Project Manager: De Weerd: Okay. Item 7-13 is the Public Works Department. I will turn this over to our director Mr. Barry. Barry: Thank you, Madam Mayor, Members of the Council. Ladies and gentlemen of the audience, Tom Barry, Public Works Department. We have before you tonight two items under Public Works Department reports. The first is a budget amendment for the construction project manager. You may recall this item was brought before the Council a couple weeks ago and Council had asked for Public Works to go back and develop a job description for this particular position, which you should have received in your Council packets. Once again, the position that's before you will plan, coordinate, direct and oversee a wide variety of city wide capital construction projects, services, and activities. In addition to supervising technical construction work and preparing and administering project budget, plans, schedules and design specifications for single or multi -phased city-wide capital construction projects, the position will also provide construction -related oversight services, insuring that projects are coordinated and completed within schedule and budget, while adhering to local, state, and federal standards, environmental and construction safety guidelines, and best management practices. The city currently out sources construction project management related work on the project -by -project basis. This practice is costly and leads to inconsistencies in standards and also missed opportunities for coordination of those multiple construction projects. Bringing this service in-house we believe will insure that city-wide projects are coordinated and uniform standards and service levels are consistently applied and will save our citizens money. The position itself will be managed by the Public Works Department and funding for the position will be split evenly between the General Fund and the Enterprise Fund. The amount for 2008's budget amendment would be $29,747.09. This is for three months of service for the fiscal year 2008, after which the FY -09 base budget would be adjusted for ongoing operating expenses. With that I will take any questions you might have. De Weerd: Thank you. Council, any questions? 5 1,14 I It Meridian City Council • May 27, 2008 Page 14 of 52 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just one. I might have missed it earlier. Tom, is it -- you know, when I see the description it looks as though this position, which has got a pretty awesome responsibility, it's to report to the assistant city engineer, as opposed to yourself. Bary: Correct. On the draft position description, which was before you, it said that it reported to the assistant city engineer. I believe that has been changed with consultation with the human resources staff and now it would report to the city engineer. Borton: Okay. Good. De Weerd: Okay. Mr. Bird? Bird: Madam Mayor, thank you. Tom, reporting to the city engineer, we have got him -- we have got him being everything from a general contractor to a sewer and water and plant expert watching over everything and there is a big variety in the difference of those jobs and to be quite truthfully with you, honestly, in my opinion, strictly in my opinion, civil engineers don't build a lot of buildings. Bary: Pardon me, sir? Bird: Civil engineers don't build -- or construction manage a lot of buildings and we are asking this gentleman to not only oversee our sewer infrastructure, our pant maintenance at the wastewater or water, but any building that parks puts up or city puts up, police station puts up, fire stations put up, and we are still talking about two different professions, in my opinion on the deal. While I -- while I like the idea of having something like this in-house to a degree, I also think there is some times that -- when there isn't any work going on, what's this guy going to be doing. You know, his salary is not cheap, nor should it be, but -- De Weerd: Her salary. Sorry, Mr. Bird. Bird: Anyway, his salary is not -- his or her salary -- whoever's salary. Rountree: Somebody's salary. Bird: Somebody's salary is not cheap and if there is no work we have problems laying people off in the public sector. So, I don't know, I -- before I can vote for this, there has got to be more -- more detail and more stuff given to me or more reasons to do it. Bary: Thank you for your comments, Mr. Bird. You have raised a couple of issues I'd like to address if I may. Regarding the job description and the fact that the breadth and scope of information, knowledge, skills, and abilities this position would require of an Meridian City Council • • May 27, 2008 Page 15 of 52 individual, you have made some very good points. It's intentional, because the position is a great responsibility and does require an individual to have a large breadth and depth of information and knowledge regarding construction project management. However, the position I don't -- I believe there is some confusion with exactly the position and the position is not a design engineer, the position is not a construction inspector, those are two different functions that would precede and also follow the actual construction related work that this position would be responsible for managing. This position manages essentially construction -related activities and that's it. So, the person would not be designing buildings, they would not be designing water and sewer systems, they would not be overseeing installation of those as it relates to meeting the requirements of the law, that's the job for the construction inspectors that we have already on the city staff. This position is to make sure that the projects that we have that are municipal projects, whether they be water services, sewer services, parks, fire stations, you know, city halls, any of those types of facilities and buildings that we have an individual who is very knowledgeable in construction -related contracting, managing, scheduling, budgets, the whole sort of thing in order to keep these projects running on time within their scopes and within their budgets. So, that is the -- that is a great responsibility and, of course, requires some knowledge in various sectors of construction management. But, again, not primacy as it relates to any particular discipline. You have also mentioned the fact that if there is no work required or that there may not be a period of -- or there may be a period of time where there may not be sufficient work to keep a staff member employed. I -- when I discussed this particular position at length consulting with the finance department, purchasing agent, also with the parks department and others in my division, as well as other departments, there seems to be at least in the foreseeable future, despite the fact that growth is slowing, no indication that the requirements for this position are not needed at this point in time and in the foreseeable future. So, I don't know what the future will bring, but currently at this time there seems to be a great need and I will remind the Council, if memory serves, Mr. Siddoway, the parks director, had commented I believe a couple weeks ago in support of this position, that there could be significant cost savings -- I think as much as 80,000 over the next year or two on just two of his projects related to parks projects alone. Certainly we have Public Works projects that are going on. We have fire stations, improvements, city hall -- we have a variety of different things for this particular position to manage and be responsible for. So, I think I have addressed your questions, Mr. Bird. I don't know if that was satisfactory or not for you. De Weerd: Any other questions from Council? Mr. Watts, do you have anything to add? Watts: Yeah. I think the job description that -- that Tom has presented to you has been circulated throughout our department, the Public Works Department, the Parks Department, and everybody's had input on it and I think it's what we had all envisioned in the -- with the projects coming up I do believe that we will have a need for it and I do believe it will save us money. De Weerd: Okay. Anything further from the Council? Meridian City Council • May 27, 2008 Page 16 of 52 Rountree: Tom, you know, we really haven't sat down and talked about this position and how it fits in the organization. I'm -- I get the sense of where you want to go, but I don't think we have gotten there yet. When you look at the array of the things that this individual was supposed to be responsible for -- first off, we won't find an individual that can do this kind of work. I mean you're talking -- you're talking civil engineering, you're talking architecture, you're talking contract administration, you're talking a lot of different things. I mean we have people that spend a lifetime just dealing with one of these multiple elements. I haven't got my hands around this yet or wrapped my head around it quite yet. I know what you want to try to accomplish. I'm still having -- I'm still struggling with it, to be honest with you, and have a little experience in this arena and -- boy. If we can find two people like this, we can consolidate a lot of stuff. So, anyway, I would like some more time to sit down with you and I would hope that at least you would have your liaison on your side and at this point I'm not even on the fence, I've kind of fallen off, so -- Bary: Thank you, Mr. Rountree. I appreciate your comments. The position as you know -- I mean whenever we write job descriptions I think Mr. Nary can make -- can second this, we shoot for the sky and this job description is no different. I think to boil it down, it can be -- we can boil the -- what our need is down — very, very simply and that is we need a certified municipal construction project manager period. That's the duty. There are all kinds of municipal project constructions managers who do just this type of work who are not specialists in any one particular discipline, but their breadth of knowledge as it relates to municipal construction is what we are really after, not so much the detail as it relates to water engineering or wastewater system design or any of those sorts of things. Still, I respect and appreciate the concern with the Council and if it is your desire, I'm happy to work offline more one on one with this particular position. It was my hope that the job description would provide the level of detail that was sought and requested the last time we met. Evidently that may not be the case. Rountree: Madam Mayor? De Weerd: Uh-huh. Rountree: If I might, I would say if there is a certification process I think that's where we go and what constitutes that. Then, we look at the salary range that goes there, then, we look at the organizational structure. I can see having a bit of a conflict here having a construction manager or certified municipal construction manager managing a city job that's, then, being inspected by city inspectors that's also getting zoning certifications from city planning staff and we all better be really good friends when we get into that situation, because it could -- it could cause some issues. So, I think we need to get our heads around that, too, and how to make that work. De Weerd: I guess what I would ask is that you get together with Councilman Rountree before next Tuesday, we can bring this back, but, Keith, what I'd like you to do is to bring a couple of the examples that were identified last fall and timeline and contractual Meridian City Council May 27, 2008 Page 17 of 52 issues that we have had in the past that this was supposed to help answer. If you can cite some of those examples and have those available during -- maybe you want to meet with Mr. Bary and Mr. Rountree as well. I think those -- those examples will help in telling the story about -- refreshing the memories of why this position was deemed essential last fall and why it continues to be important. I just think we haven't been able to show what exactly we can avoid with this position in -- on your team. Watts: Sure. I would be glad to. Thank you. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just chime in that I -- I'm already on board with the idea of what we are trying to come up with here. I do also agree that reading the job description it's pretty ambitious, if there is a way to say this is the qualifications for X certification, that may simplify, you know, where are trying to go. But I remember that there do seem to be things slipping through the cracks that this position certainly could fulfill and I definitely feel it's necessary to make this somebody's responsible and not just a collateral duty of other things that other people are doing. So, I'm in favor of the position. As always, the details have to be worked out. Just a comment. Barry: Thank you. De Weerd: Okay. And seeing that your key staff members who would have some input into that are sitting in this room as well, I'm sure they can help you. Barry: Absolutely. Thank you. Rountree: And, again, I'm here to help, but get me on the team. Barry: Yes, sir, we will be happy to do that. Thank you, Mr. Rountree. Bird: Madam Mayor? De Weerd: That certainly makes it easier. Mr. Bird. Bird: Tom, I appreciate at least you taking the effort in doing it. You at least -- we are famous for talking about it and not getting it done and you did get it done. Bary: Thank you, sir. Bird: Thank you. Meridian City Council May 27, 2008 Page 18 of 52 2. Discussion on Annexation and Utility Services for County Subdivisions: De Weerd: Okay. Item 7-13-2. Discussion on the annexation and utility services for county subdivisions. Bary: Madam Mayor, Members of the Council, we wanted to have a discussion with the Council this evening regarding the servicing of county subdivisions, as this particular issue continues to be an item of stress for many of our county residents within the area of impact, but also the Public Works Department staff who are trying to come to an agreement on how to move forward, the integration of those properties within the area of impact into the city and also the providing of city water and sewer services for those residents. We have several issues that we'd like to address and for that you will notice we are speaking regarding a memo that was sent to you in your Council packets. The acting city engineer Clint Dolsby will be walking you through some of that. I have the development services manager here and also the planning director and the fire chief are also here to answer questions related to this particular issue, as well as present concerns as they arise. So, without further adieu I'll tum it over to Mr. Dolsby. Dolsby: Madam Mayor, Members of the Council, there is several issues related to those county developments that we wanted to bring up that I also have listed here on -- in your packets. We have had a few of these county developments approach us say over the couple of years, some more than others, but they all seemed to have the same general issues that go along with it. The first one being annexation. It's always been the Council's policy, as we understand it, to require annexation or at least consent to annexation when an applicant comes in and hooks up the city services and we expect to continue that process. One of the larger issues for us would the funding sources for infrastructure improvements, say if one of those county developments would come in or if you would come in, some of them already have infrastructure in place for their subdivision, some don't. There is -- we have to go through the procedure for evaluating that infrastructure to see if it would meet our standards for acceptance into our city system or if they would have to replace it. Another item that works into this scenario would be whether there is enough fire flow in that subdivision to satisfy our requirements. There is cases where they could be okay and the subdivision would not have as much of a financial burden on them. There is also other cases where we could run into issues where either there is no infrastructure in place or they need to replace the infrastructure and it would cause a lot more of a financial burden on that subdivision. In those cases a lot of times they turn to us for help. There is a couple different mechanisms that we can use to help fund those infrastructure improvements. One of them is a local improvement district that's more managed by the city staff where we form an improvement district and place -- have assessments against the properties and they repay it on an annual basis to the -- to the finance department to the city. And there is another newer system that's being put in place called the community infrastructure district where you form a governing like committee, which consists of either City Council members if it's in the city limits, or it can consist of some members from the -- more of the county commissioner level, and that district would be in charge 0 Meridian City Council May 27, 2008 Page 19 of 52 • of -- in charge of the funding and -- there would be different funding sources they can use to get funding for those improvements. They would be in charge of -- I think it's two different bond measures that they can place against the properties to get funding for those improvements and, then, they are paid back by the property owners. Those are the two different funding mechanisms that we have identified that we wanted to present to you to see what your opinion was on them. Let me see if I have covered everything. Also, a few of those subdivisions in the county -- the reasons they have come to us is either their systems are failing or there is contamination in their -- like I say in their water system. And a couple of them are under consent orders to fix their water systems. And that's what's caused the financial burden to them. And they have also come in with requests for whether we would work with them on connection fees. We have always said that they are required to pay connection fees and that was -- that's been our stance on that issue. So, I guess what we are more looking for is just direction with regard to like the approach for these county developments. Do we -- what would you like us to do, would you like us to work with them on one of these different funding issues or is there some other approach you'd like us to take when we get approached by these developments that want to connect to city services, but have problems with -- mostly with just the funding of the improvements that we would require for them to connect to the city. So, with that we'd stand for any questions. De Weerd: Council, any thoughts or comments? Rountree: Madam Mayor, there is seven items listed, bullet points. I assume that Public Works is asking for direction on each one. So, why don't we just go through them in order and either get unanimous direction or debate each one, but I think they are probably going to be unanimous on every one of them, given our previous discussions. So, if you want to -- I suggest that, if you want to lead us through that exercise we can do it. De Weerd: Okay. If you want to lead us through those talking points. Barry: Yes, ma'am. Thank you, Mr. President, Madam Mayor, Members of the Council. The first on annexation. There are questions as to annexation of properties and concern by county subdivision owners that many do not want to be annexed regardless of whether or not they receive services from the city or not. My understanding -- and I'd like to get confirmation -- is that if we provide services to folks that we, in lieu of those services, require them to annex, if they are contiguous or, alternatively, sign a consent to annex if they are not currently contiguous. The first question is -- is that understanding correct? Rountree: Yeah. I think we are unanimous on that point. Bary: And with that there is one caveat that I'd like the planning director to address associated to annexation. Meridian City Council • May 27, 2008 Page 20 of 52 Canning: Thank you. The only issue that sometimes comes up, if it's a larger parcel that for whatever reason requires sewer and water, there is some question about whether you want to annex a 20, 30, 40 acre piece of property with presumably an entitlement tied to that zoning that you give it at the time it comes in. So, that's my only concern is we are going to be in a situation here fairly soon where you have a 20 plus acre parcel that wants -- that wants water service and is willing to annex, but do we really want them to annex at this time. De Weerd: Anna, I guess that raises the question of something we discussed earlier today on, appropriate zoning. If you had a larger parcel -- you know, other communities have designations for open space or single uses, but do you want to comment on that? Canning: I can. And I have thought about that. When the -- when we were developing the UDC there are other communities that have an open space one. My concern is that even if we were to have such a one, it would make some sense to have -- it's just -- the complexity of developing a new district and what that might yield. If you had an open space district it would make sense to make parks -- change the zoning of the parks to be the open space. That's not an issue. Parks would presumably be a principally permitted use within that zoning district. And, then, there is some itinerant things that come with that, like the ability to do special events and things like that. So, even though you're giving them an open space designation, you're still giving them a park designation. They could develop a private park that had a huge impact to the city. I mean you just -- you're giving -- I have said to you time and time again your one opportunity to really influence and shape development is at that point of annexation and regardless of if we come up with a single use category, you're still giving an entitlement along with that annexation. So, I do have concerns about that. I spent the afternoon after we raised the thought this morning, I spent the rest of the day mulling over it and I -- they just still kind of don't seem right to me, but -- Rountree: I guess what I'd throw out is that there is two options and both require subdivisions. The first would subdivide the parcel in such a way as only the dwelling they want served is subdivided and annexed or if they don't like that option, they subdivide and zone the entire property, bring it before the Council as a complete annexation with requested zoning and requested use. Otherwise, we don't consider it. As opposed to -- and I agree, I don't think we'd want to annex 20 acres and not know what the entitlement is going to give them. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Of those choices I probably would lean towards the second one, that we have in the past or Councils before me have in the past resisted creating enclaves by only annexing a portion of a property that somebody previously owned the whole portion and -- you know, for every action there is an equal and opposite reaction. There are reasons why we might not want to annex, but I think we have also tried to avoid creating Meridian City Council • May 27, 2008 Page 21 of 52 enclaves. Every time we do a piecemeal annexation we would add to that. If I may, while I have the floor, ask kind of a general question and I -- I have wondered in the past what people's fear of annexation is and, to be honest, if I understood what County Assessor McQuade said earlier tonight, there isn't very much tax difference. Usually people are saying they don't want to pay the city taxes, but I understood him to say a couple of times that a parcel's tax burden, at least in relation to Meridian, is not very different than it would be in the county and in some respects that's kind of intuitive. When I look at my tax statement there are like 15 lines on it and only one of them is the city, which would be either the county or the city, all the rest of them don't change. And my understanding -- Rountree: You have both. Zaremba: Uh? Bird: You got both on there. Rountree: You have both if you're in the city. Zaremba: Okay. So, still if -- you know, if the tax burden is that much different, what are people afraid of? Why are they saying they don't want to be annexed? I don't understand that. De Weerd: That's a million dollar question. Zaremba: Anybody. Canning: Madam Mayor, Members of the Council, Councilman Zaremba, I had the -- you know, quite actually, the honor of sitting on a legislative sub committee last summer and one of the big issues of discussion was annexation by folks that represented the Boise area and the Meridian area and a lot of the concerns on past annexations in this particular area were that you were charged for those city services, even though you didn't really receive anything in addition to what you were getting before. So, the annexation came along, your tax bill goes up, but your services did not. They did not receive sewer and water in particular. Now, they did receive like the library services and things like that. Those are a less -- a little harder for people to understand. They tend to think of sewer, water, police and those services weren't readily available to those recently annexed properties. Particularly the sewer and water. There is this conception that if you're annexed you should have those readily available and not all those folks did. There is also questions about most of the city codes don't accommodate livestock very well and that was a large part of those folks lifestyle was having livestock. So, those were the biggest -- the biggest ones. When we did the annexation for the larger subdivisions, whose names I can never remember, just a couple years ago, we did a tax comparison and the tax difference was about -- I think it was about a hundred dollars on a 240,000 dollar home, something along that line. So, the additional tax was not significant. Meridian City Council • • May 27, 2008 Page 22 of 52 De Weerd: Vienna Woods and Edinburgh. Canning: Thank you. Those are a lot of people's concerns. And, then, there is just -- it's Idaho. Some people just don't like being a member of a city. That's all there is to it, so -- nor do they want to be part of a homeowners association most of the time, so -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I mean there is two -- there is two real issues on annexation that I think staff was looking for. One is the one Mrs. Canning's talking about where they are already contiguous, they would like to annex. Now, normally when it's single parcels, what you folks see are one house or one business, their system failed in some fashion they are required to hook to the city services and the city engineer has authority to grant that and their requirement is they generally annex at the time. That's what usually happens. So, those aren't the problems. The ones Mrs. Canning is talking about is the large parcels, they have no idea what they want to do yet, they are currently farming it or it's currently a pasture or it's currently open space and they still need services for the single home, but they have 40 acres attached to it or 25 acres attached to it and they have no concept of what to do today. So, because we don't have any transitional zoning in the city ordinance, I think that's our concern is do we create something like that, which has a lot of ramifications to it if we do so. The other ones that we have a question about are the ones that you're probably the most familiar with, is they are not currently annexable, because they are not contiguous. We require that they annex when they become contiguous and part of the problem we have is we have a number of those parcels that are out there that get forgotten in the mix, because someone has to trigger that reminder. You're contiguous now, come in and annex. And it requires the property owner to do it when they have no incentive to do that. I mean -- and I guess the short answer, Councilmember Zaremba, on why don't you just want to be annexed, it kind of depends on who you ask. And for many of them there is no incentive, even if the -- even if the tax increase to them is a hundred dollars or five dollars, it's five dollars more than they are paying today for, essentially, the services they already get. And so they are not -- there is not a lot of incentive to do that. And so I think those are the -- that's at least on the annexation question that the staff struggles with with some of these outer lying parcels that are now closer to the city than they ever used to be or right within our city that they never used to be, they have systems that are either failing or going to fail within the immediate future and that annexation question I think was at least what the -- from our discussions on the staff level was really just answering that. I think your direction has consistently been to annex now or as soon as you're able and I think that's part of the question the staff is still wanting to be sure that that's still the message to be telling these folks, that you either annex today if you can or annex as soon as you can at some point and maybe some of that's our own internal system trigger to make sure we capture those at the time, because there is a cost to it and if I didn't to want annex in the first place, all I Meridian City Council • May 27, 2008 Page 23 of 52 really wanted is sewer, which I have today, and now you are going to make we pay 800 dollars to come and annex when I didn't want to anyway, I'm not excited to come down and fill out the application form and that's kind of a problem we run into occasionally. Did I capture at least some of those questions? I wanted to make sure we were all on the same page. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: What if as a part of a hook-up fee we charged them an annexation fee, instead of waiting five years to do that or -- I mean if we already had the fee, then -- then, again, it's no -- I don't know. That's just a question. Rountree: It's not about the fee. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the annexation, you know, we have -- we have been pretty good. If they -- if the scenario is they decide they don't want to be annexed after they have got the sewer and water, go plug and see how fast they think that 800 dollars is worth. I'd like to just leave it like it is. I agree with you on the large parcels. I don't know -- that's something we can take care of at annexation time, but any -- if they have our services and they become contiguous, then, they better be in the -- better be applying for annexation or shut off the services and they will apply. Canning: Madam Mayor, Members of the Council, we -- we typically get a -- there are some times where it's either not possible or we don't want them to annex and we can get a consent to annexation at that time and the trick, I suppose, is -- or the challenge for staff is keeping track of when we need to go into annex and, then, Mr. Hood's going to come talk to you in a couple weeks about a whole page full of annexations that we need to do and he's going to break them up in thirds and start doing them and bringing them through to you, but it's a difficult task to meet all the state requirements. It's not easy to go and annex folks. But we can do that. It's certainly an option and we can continue to do that, if it's not appropriate for them to annex at that time. The things involved Mr. Borton's -- or Councilmember Borton's kind of looking quizzical at me, so -- I mean it's just -- it's complicated in the sense that we have to go out and hire someone to do legal descriptions. We have to hold neighborhood meetings. We have to figure out what the tax burden is going to be. We have to bring the application though the Planning and Zoning Commission and, then, up to you all. So, there is a fair amount of work and cost associated with it. Out-of-pocket costs associated with it, so -- but we -- we can continue to work that way and with the GIS we are getting better at having the tools that we need to identify these properties and identify them more quickly and bring them to your attention. Meridian City Council • • May 27, 2008 Page 24 of 52 De Weerd: I guess over the last number of years -- I think at least a half dozen we have tried to have a consistent policy in if you're contiguous you need to annex. In particular, if they are smaller lots. If they are the larger size, I believe we have looked -- given them a window of time to -- to annex in particular. I guess, like I said it earlier today is the one off of Locust Grove and I think he was given five years. But it's -- it's the single hook up that seems to be fine to have them come in and annex within a certain window of time. It's the single owner -- the subdivisions that are of most concern. We would want to be contiguous and we would want them to annex and come up to code. Those are probably the largest headaches which we know, because we have a couple of subdivisions that are that way. But I guess we haven't been in the same situation that the city to the east of us has been when they have gone and enforced -- seemingly forced annex when you're already getting all of the services, why would you want to pay city taxes on top of that? So, we don't want to get ourselves in that same scenario. Unfortunately, I think the county, when they were approving urban densities in our area of impact, they didn't see how some of these systems would fail and we would inherit their mess and that's what we are facing now. Rountree: We haven't inherited them. Canning: And, Madam Mayor, Members of the Council, that's exactly why Boise city did have to force annex is because they were required to take over a number of failing municipal wastewater systems. So, they were in a similar situation. With regard to subdivisions, we did have one question. When Meridian Heights, Kentucky Ridge, came through, your direction to them was pretty clear, they needed to annex. And their question back to us that we didn't know the answer was what if there is one Ione hold out? Do they have to come up with all the consents to annex or are we willing to annex those folks on their behalf? Rountree: Madam Mayor, philosophically, my position is the City of Meridian is not a charitable organization to those people who vehemently oppose being part of the city and that's exactly what those folks did. They didn't want anything to do with the city. They didn't want to pay city taxes. They didn't want city government. They didn't want city services. They wanted to be pioneers and be out there by themselves. However we do it, I don't believe the city needs to spend a dime to make their lives more comfortable because of the choices they made. I believe we owe them the ability to take advantage of the services that we provide. If there is a hold out out there and that keeps them all from going, I would say we will move forward with the -- I would move towards moving forward with the annexation, but somebody's going to bear the cost of having to do the extra work that would be required with that one parcel, whether it's legal fees, whatever. Somebody's going to bear that cost, not the City of Meridian. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council May 27, 2008 Page 25 of 52 Rountree: I mean we have talked about this enough. I mean at least three times. And the message has been we are not going to pay for their bad decisions and bad management. De Weerd: Well, it's actually not we, it's our rate payers and that's who we -- Rountree: I'm a we. I mean our taxpayers. Bird: We are part of them. That's we. I agree wholeheartedly with Councilman Rountree on that. Zaremba: Well, Madam Mayor -- and to add, that last piece was what I was going to add. It's a disservice to the rest of our customers, including us, to provide services to somebody without them carrying their share of the burden. That penalizes the other 70,000 people in the city. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, yeah, and I think that answers it, because, really, most -- we have two different types of applicants it appears. The Meridian Heights, for example, they are a single point water source and so we would be replacing their systems. So, anyone who chooses not to annex into the city has no water service at all. So, there is a great incentive to consent when you have no services at all because of the way their system is set up. I think the ones that we are seeing now are ones where individual parcels would -- would hook up to the city system. So, again, I think they use the single point. They would separately attach to the city system, but I think it's the same answer, if they don't want to attach to the city system and pay the fees and annex as the rest of them are, they don't have a source of water or a source of sewer for them and I think that probably helps the staff being able to send that message back to them. Barry: Madam Mayor? De Weerd: Uh-huh. Bary: We appreciate that clarity certainly from the Council and Mr. Nary as well. Just to follow up, we seem to be very clear with regard to annexing individual parcels already subdivided by -- in the county in order to receive services. The question about large parcels, you know, that are not yet developed and whether or not we would want to have them receive services without annexing, because we don't believe potentially that there is a benefit to annexing them at the time they receive those services, is it my understanding, then, that we could require them to consent to annex and, then, do -- and, then, move forward with the annexation on our terms at a later date? The reason that would be beneficial -- and I look to the planning director for guidance on this -- is that at the time -- if we annex them -- if we annex them as a large parcel, then, we really have nothing to hold them in a developer agreement to requirements to meet Meridian City Council • • May 27, 2008 Page 26 of 52 development standards at the time they develop. So, thus, it seems advantageous for us to hold off the annexation, even though we get the consent to annex at the time they receive services, so that we could utilize a development agreement as a document that has more teeth to require certain conditions as they move forward with the development of that large parcel. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Would we have the ability to not annex, but to charge them monthly administration -- anybody who receives the services, water or sewer or both, and is not annexed we tack on an administration free, a hundred dollars a year, 20 bucks a month, that gives them some incentive to -- and I don't even know if that's a totally undesirable suggestion or not, but -- Barry: It's an interesting idea. I'm getting help from my colleagues here. My understanding is at some point in the past we did charge double assessments for services of property owners who were outside the city when -- at the time that they hooked up, as maybe a way to capture those costs. I don't know. Is it possible that we could tack on a fee for services outside of service, I don't see why not. That would be up to the Council to -- to consider and adopt. There are -- there a number of questions as it relates to cost of service that go far beyond administrative costs for providing services to these individuals, particularly if on the list, when we get down to it regarding substandard infrastructure within the community itself and who pays to bring that infrastructure into compliance for both fire requirements, water pressure requirements, water quality requirements, so on and so forth. So, we will get to that in just a minute. But that has a cost burden as well, which we may want to consider if Council so chose to go down an administrative recapturing of costs. But as it relates to the overall annexation, Public Works staff is clear on smaller developed parcels in the county. The question of whether or not we want to annex now larger parcels seems to be one that can be solved one of two ways. A, having an interim zone that we annex them into, which, then, they could come -- like an open space zoning and, then, when they want to develop they come in and make a request for that zoning and we'd still be able to get the requirements of the conditions under that rezone request at the time they develop that large parcel or, B, just acquire a consent to annex and, then, annex on our own terms at a later time, would likely be at the time that parcel -- that large parcel came into develop. I mean those are the two options I see. I guess I -- if there are others we are willing to entertain those, but I'm interested in Council's direction on those two issues. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Tom, I guess a third option -- and I might be backing it up and be too simplistic, is to not annex. Large parcel, small parcel, subdivision or not, if you want city services Meridian City Council • May 27, 2008 Page 27 of 52 you choose to join the city or your don't. And if you're a large parcel and you don't want to annex and join, then, that's fine, and don't. And if you want to and you want to make the request, you can come forward knowing that you're going to have to meet all fire flow requirements, existing infrastructure requirements, we can lead you to some general tools that are available whether it's a CID or an LID or what have you, that might assist them in their request to us to annex, how they are going to provide those infrastructure improvements, whether it's a large parcel or whatnot and, if not, if they can't do it, once they have got 300 lots and 110 of them aren't interested in annexing, maybe they are stuck. De Weerd: Mr. Anderson. Anderson: Madam Mayor, Council. I feel obligated to comment on this particular situation due to the fire flow issues and those kind of things, but I guess when I look -- when I look at this, this is a pretty complicated issue that you have been asked to solve in a department report and it almost warrants a discussion in one of your workshop sessions, so that you can understand the entire picture it may require even city staff getting together more and brainstorming additional options that can be presented to you before we ask you to just come up with a magic solution for us. But I will throw in another wrinkle for you and that's the one of public safety and if you look at the map over in the comer over there at the City of Meridian, all those white pieces, that's area that's still in the county and so what happens is our city ends up looking like a piece of Swiss cheese and that creates issues for both the police and the fire department, jurisdictional issues for the police department, knowing whether they have the authority or the county sheriff or who's call that is. In the fire department a lot of those areas are un-hydranted areas and so some of those are developed subdivisions that have been built and that means we have to approach those differently. We have to bring a water supply with us and quite often, depending on the size of homes there, we may not have adequate water to even fight the fire. Councilman Zaremba, as our liaison, we had an in-depth discussion about this at our, last rural district commissioners meeting, but we have an ongoing issue with Ada County right now that they have decided that they will not enforce the fire department's requirements for fire flows. So, when a subdivision is built out in the rural area and we comment on it and we say it needs X amount of fire flow, they will disregard that and they will approve whatever they decide is appropriate. So, there are still subdivisions being approved today that will be approved that are in the City of Meridian's impact area that will not have adequate fire flow. That's silly to me, because at some point we know they are going to be in the city. Why an agreement can't be reached with the county that if they approve a subdivision within the city of Meridian's impact areas, that they put in the infrastructure, water, sewer, that will be needed ultimately when that piece of property does annex into the city, because we know that it's going to be there. But because of these jurisdictional issues and the fact that we need to be able to have adequate water to be able to fight a -fire, the police need to know whether this side of the road is in their jurisdiction and this side is out, what happens if a crash happens in the middle of the road all those kind of things, these issues need to be addressed. So, it's not just, I guess the matter of annexation, it's not just a matter of saying that these folks need to pay their way -- you know, I'm a Meridian City Council • • May 27, 2008 Page 28 of 52 taxpayer, too, I'd like to see that happen, but we need to clean up a mess that's occurred over the last 40 and 50 years and we need to resolve that and so we need to come up with some solutions on how to do that. And I don't think you're going to be able to pull out the crystal ball tonight and do that. We need to have more discussions. But there are a lot more issues to it, than what we have even talked about tonight that we need to take into consideration. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I wholeheartedly agree with -- with what Chief Anderson and everybody -- De Weerd: Can you speak up, please. Bird: I wholeheartedly agree with everything that's been said up to this point, but this is something that we need to take a workshop on and sit down and work on it. This -- I mean we have spent over an hour on it right now and we could, basically, spend another two hours on it and probably not get to the bottom of it. So, I don't know about you, but I'd sure like to move onto the next agenda item. De Weerd: Is there some immediate issues or situations you're working with right now, Mr. Bary? Bary: Yes, Madam Mayor, but I think what -- I think Mr. Bird and Mr. Anderson have made very good points. We would like to defer this conversation to a workshop on June the 10th where Caleb will be coming and speaking to you about annexation. This might be a good time for us to have this conversation and get a more in-depth discussion on the. issue. Certainly, annexation is one of -- as Mr. Rountree pointed out, seven issues that we have before you and it has taken us a lot longer than anyone I think envisioned, so I believe it makes sense and we respectfully would like to cease the conversation at this point and bring it back to you in a workshop. De Weerd: Permission granted. Canning: Madam Mayor, Members of the Council, Councilmember Rountree, Caleb had requested the 10th, but I notice he's not actually on the draft agenda yet. De Weerd: For your annexation discussion? Canning: Discussion. De Weerd: It might be a good partner to this one, so -- • Meridian City Council May 27, 2008 Page 29 of 52 11 Rountree: I say we partner this one with the annexation presentation and, in my opinion, the 10th, for everybody's information, is now closed, because I don't think we are going to do anymore than this and if we are lucky we will get through this. Canning: But -- Rountree: Caleb will be there. Canning: Okay. Rountree: Yes. Bary: Thank you for your time. C. Purchasing Department: 1. Chance Order No. 3 with Suncoast dba B&B Steel Erectors, Inc. for Meridian City Hall Phase 3 for a Not to Exceed Amount of $17,085.05: 2. Change Order No. 3 with MJ's Backhoe & Excavation, Inc. for Meridian City Hall Phase 2 for a Not to Exceed Amount of $35,204.00: 3. Change Order No. 1 with TTE-Pre-Com for Meridian City Hall Phase 3 for a Not to Exceed Reduction of Negative - $29,687.37: 4. Change Order No. 1 with American Wallcover, Inc. for Meridian City Hall for a Not to Exceed Amount of $7,665.30: 5. Change Order No. 2 with American Wallcover, Inc. for Meridian City Hall Phase 3 for a Not to Exceed Amount of $1,968.60: 6. Change Order No. 1 with AATronics for Meridian City Hall Phase 3 for Meridian City Hall Phase 3 for a Not to Exceed Amount of $4,527.86: 7. Change Order No. 4 with Sidewalks, LLC for Meridian City Hall Phase 2 for a Not to Exceed Amount of $64,519.57: Meridian City Council a May 27, 2008 Page 30 of 52 8. Chance Order No. 1 for Heroes Park Construction with Boise Excavation, LLC for a Not to Exceed Amount $9,779.25: De Weerd: Thank you. Okay. Since Mr. Barry's office took the most time tonight, Mr. Watts, I'm sure yours will be short; right? Watts: Good evening, Madam Mayor and Council Members. I have, I believe, eight change orders on here today. Seven of them were for City Hall and one for the parks department and I have Gene here from Petra who will review any questions or address any questions you have on the change orders that we have for City Hall. They have been discussed, I believe, previously and have now made it to Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Watts, I have looked through all of them, but refresh my memory on change order four for Sidewalks, LLC, for the tune of 64,520 dollars, to round it off. What is that for, phase four -- or phase two? Watts: I will have to have Gene come up and talk. It's several RFI's that LCA had submitted. Bennett: Madam Mayor and Members of City Council, essentially, the bulk of that change order number four dealt with the dock, the screen wall, and the -- that area in back of City Hall that was not bid in the original contract for sidewalks. Bird: Okay. Thank you, Gene. Appreciate it. In other words -- Gene, in other words -- and I also believe that this B&B Steel Erectors for 17,100 dollars, basically, is part of that dock. Bennett: That's correct. Bird: So, we are up to 81,000 or 82,000 for a dock. My public knowledge -- deal should have been in the original bid, but that's fine. Thank you very much. De Weerd: Okay. Any further questions from Council? Rountree: I have none. De Weerd: Okay. Thank you, Gene. Do I have a motion to approve? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council May 27, 2008 Page 31 of 52 Bird: I'm going to take some time, because I'm going to read it publicly for all the amounts. Change Order No. 3 with Suncoast doing business as B&B Steel Erectors, for Meridian City Hall Phase 2 for a not to exceed amount of $17,085.05. Change Order No 3 for MJ's Backhoe & Excavation, Incorporated, for Meridian City Hall Phase 2, for a not to exceed amount of 35,204 dollars. Change Order No. 1 with TTE-Pre-Com for Meridian City Hall Phase 3, for a not to exceed reduction of negative $29,687.37. 1 love those change orders. Change Order No. 1 with American Wallcover, Incorporated, for Meridian City Hall for a not to exceed amount of $7,665.30. Change Order No. 2 with America Wallcover, Incorporated, for the Meridian City Hall Phase 3, not to exceed amount of $1,968.60. Change Order No. 1 with Aatronics for Meridian City Hall Phase 3, not to exceed amount of $4,527.86. Change Order No. 4 with Sidewalks, LLC, for Meridian City Hall Phase 2, for a not to exceed amount of $64,519.57. And Change Order No. 1 for Heroes Park construction by Boise Excavation, LLC, for a not to exceed amount of $9,779.25. 1 moved that we approve to pay these and the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay. You have heard a motion and a second to approve these items. Is there any discussion? Watts: Excuse me, Madam Mayor. I just want to make one correction. On the first one, that was phrase three for Suncoast B&B, not phase two. De Weerd: Okay. Bird: Yeah. Phrase three. Did I say two? Watts: Yeah. Bird: I'm sorry. De Weerd: Okay. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Watts: Thank you, Madam Mayor and Council Members. D. Parks Department: 1. Discussion on Boys and Girls Club: Meridian City Council May 27, 2008 Page 32 of 52 De Weerd: Thank you. Okay. And last, but not least, our parks department. Siddoway: Thank you, Madam Mayor, Members of the Council. Two items for you tonight. The first is a discussion on the Boys and Girls Club. This is just an item to close the loop with you. When we were before you approximately a month ago we discussed the Boys and Girls Club building, the old police station, on Idaho Street and talked about its potential use as a community center and Allison Kaptein was here and we talked about the various uses that we could use that for. Council, then, directed us to discuss the use of that building with the other directors from other departments within the city and look for other potential uses that that building might be used for and if there were others who also would like to have use of that building. We did so and was discussed at a director's meeting a few weeks ago. We determined at that time that there were no other departments that have a desire to operate that facility on their own. We did discover a couple of potential partnerships. One with the police department where they asked if we could make an area available for an officer to make phone calls and things if necessary, which we can certainly do. We offered to make an entire office available, but they said that that was not necessary, as there will be new offices constructed with the new City Hall here close by. But we can make a space available for an officer to make phone calls, work on reports from an area if need be without any problem. Also with fire, they asked if we did get this space, if they might be able to use it to teach their CPR classes and we can certainly allow that and my next follow-up question was could we be part of that -- those CPR classes ourselves and take advantage of that. So, I'm just here to report back and let you know that we did have those conversations with the directors and would just open this up for any discussion or comments and see if we might be able to move forward with the use of that building as a community center as the Boys and Girls Club vacates it later this summer. De Weerd: Council, any questions? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Is a motion in order? De Weerd: Uh-huh. Zaremba: I move that the Parks Department, upon vacating the current Boys and Girls Club, the old police station, that the Parks Department take possession of it and operate that building. De Weerd: Do I have a second? Meridian City Council May 27, 2008 Page 33 of 52 Rountree: I will second that. De Weerd: Okay. Any discussion? Okay. I will ask for roll call on that. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. 2. Budget Amendment for Additional Attendants at Settler's Park Splash Pad for $27,202.00: De Weerd: Thank you. And last. Siddoway: Thank you. Madam Mayor, the next item is regarding our splash pad attendants. We have before you a proposed budget amendment for a total of 27,202 dollars. What this funding would do is allow us to place splash pad attendants at the splash pad. We have been making several upgrades, as you know, to the splash pad this spring and most notably the installation of an ultraviolet treatment system. Another precaution that we have talked about for some time and are implementing is the splash pad attendants actually on site. As we have been creating those schedules we discovered that we do not want to have an individual attendant out on site at one time into -- late into the evening. The applicants we are getting for this position are typically teenage girls. We are asking them to stay until the close of the splash pad at 9:00 p.m. and our parks staff leave in the afternoon. The maintenance staff. So, we would like to hire a total of four employees -- four splash pad attendants, two of which would be on site at one time. We would propose to offset the cost of the additional splash attendants by opening our concession stand in Settler's Park and selling concessions to the public and using the revenues generated from that concession stand to offset the amount that we are asking for. But we may be able to fully pay for all four, but we are being a little conservative. If we -- I looked at the revenues that we had for movie night, they averaged about 200 dollars a night. We had it open on Monday, yesterday, and also earned approximately 200 dollars having it open yesterday. So, it seems to be a fairly -- a fairly good number. We -- if that continues through the summer, we can earn close to 20,000 dollars of that back in revenues. So, with that I will propose that this amendment would allow us to fund those positions and to -- and, again, to offset that we will be opening the concessions building and generating revenues from that. The idea is to have an attendant on site at the splash pad and one in the concessions building and, then, they would rotate off approximately every hour and spell each other, give them some variety, and also some backup in case there is any kind of -- a situation that occurs at the splash pad. And with that I'll stand for any questions. De Weerd: Okay. Council, any questions? Rountree: I have none. Bird: I have none. Meridian City Council May 27, 2008 Page 34 of 52 De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we adopt the budget amendment for additional attendants at Settlers Park splash pad for a not to exceed -- not to exceed amount of 27,202 dollars. Rountree: Second. De Weerd: Okay. I have a motion and second. Any discussion? Hearing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Thank you, Steve. Siddoway: Thank you. Item 8: Items Moved from Consent Agenda: De Weerd: There were no items moved from the Consent Agenda. Item 9: FP 08-004 Request for Final Plat approval for 65 single-family building lots and 5 common lots on 20.51 acres in an R-4 and R-8 zone for Olive Tree at Spurwing- Subdivision by Spurwing Limited Partnership — north of West Chinden Boulevard and west of North Spurwing Way: De Weerd: Item 9 is on FP 08-004 and we do have written comments from the applicant agreeing with the conditions. Anything further from our planning director? Seeing none -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 9, FP 08-004. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 9. Madam Clerk, will you call roll. x; Meridian City Council • May 27, 2008 Page 35 of 52 Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Continued Public Hearing from May 20, 2008: AZ 08-003 Request for Annexation and Zoning of 12.06 acres from RUT to R-40 (10.56 acres) and C -C (1.15 acres) zones for Regency at River Valley (REVISED) by Mason & Stanfield — 2500 North Eagle Road: Item 11: Continued Public Hearing from May 20, 2008: CUP 08-004 Request for Conditional Use Permit for a multi -family development in a proposed R-40 zoning district for Regency at River Valley by Mason & Stanfield — 2500 North Eagle Road: Item 12: Continued Public Hearing from May 20, 2008: VAR 08-002 Request for Variance to UDC Table 11-3C-6 for a reduction in the number of parking spaces required for multi -family dwellings in covered carports or garages for Regency at River Valley by Mason & Stanfield — 2500 North Eagle Road: De Weerd: Thank you. Items 10, 11, and 12 are continued public hearings with comment specific. I will open this with Mrs. Canning's comments. Canning: Madam Mayor, Members of the Council, as you will recall, you heard this item last week, it's the Regency at River Valley. De Weerd: I'm song, you need to speak into the microphone. Canning: This is the Regency at River Valley and -- here we go. It's located at 2500 North Eagle Road, approximately a half mile north of the Fairview -Eagle Intersection. The applications you considered last week were annexation and zoning, Conditional Use Permit, and variance. The outstanding issue before City Council -- you had appeared to have resolved the concern related to the proposed use and development of the site. The only outstanding concern was the timing of annexation relative to the property to the south and Council requested that staff consider the issue and provide a recommendation. We have been working on that language. I thought legal staff was going to bring you the final edits and as it turned out they thought I was going to bring it, so I think I can have it ready for you in a moment. I have got two of them typed up and maybe, Mr. Nary, you could explain what we are thinking while I finish typing up the last one. Nary: Thank you. Madam Mayor, Members of the Council, I think the issue before you last week that we set this matter over for is if the Council wished to approve this project, there are some contingencies, because of the access to this particular parcel and, generally, the code doesn't allow us to condition annexations, but what we propose -- Meridian City Council • May 27, 2008 Page 36 of 52 and our discussion with the planning department is that we can, with a development agreement, put those conditions on the record as to what's required prior to the property actually being annexed. Our current process is once the development agreement is signed we generally, within the next week or two at the most, put that property on for the annexation ordinance for final approval. What the state code says is that there is -- the state code contemplates a difference in time between the approval of a development agreement and the approval of annexation ordinance. If you record it, it does become notice to future property owners, which is, I think, an important consideration for the city, that whatever entitlements -- if this property were to be approved for annexation, you would want those entitlements to attach and go forward with the land. The other condition in the Idaho Code says that the conditions in the development agreement don't become effective until the property is actually annexed. In this case that actually is fine, because what the city is not wanting is that particular parcel to develop until the access road is available to them for use. So, we can put the conditions in the development agreement. The parties can -- can execute that development agreement prior to that. We would put in language that based on one of three conditions -- and I think that's the issue that Mrs. Canning and our office I guess missed -- missed on this morning as bringing those specific conditions to you, but, basically, there is three different conditions that we feel would make that access developed and, then, accessible and useful for this project, once those conditions were -- those up there. Once those conditions -- one of those conditions occurred, then, the city would put the annexation ordinance forward, bring it back in front of the City Council. There is an automatic requirement in our ordinance that says annexation -- that the -- the annexation has to be within a year of the development agreement. So, there is already a time limit in our ordinance that these have to occur. Otherwise, you have to revisit it again before it can go forward. So, we think that would cover the basis and allow for the -- the -- I guess the conditions that the Council felt were appropriate in bringing this matter forward for approval. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: From what I'm looking at I would just add one sentence and that would be that the city does not guarantee that any of these will occur. Nary: And, additionally, too, there is -- there is a few other portions of our development agreement that the standard boilerplate language that Mrs. Albertson, my staff that helps draft these, we were looking through today and there is probably a few others we are going to have to modify. So, there probably will be some discussion with the applicant on some of those conditions, because they already pre -suppose that we will immediately complete the annexation process and in this case we are. basically developing an agreement for the annexation ordinance to be done later after other contingencies occur in the interim. So, we will make sure to put that language, Councilmember Zaremba, as you stated, and as well as some of the other ones we will have to tweak a little bit, but I think the general idea that we think we can support, if the Meridian City Council • • May 27, 2008 Page 37 of 52 develop is in agreement with, is that the city would agree to the development agreement now and the annexation would not occur until some of these -- one of these contingencies occurs. De Weerd: Okay. Questions? Zaremba: Madam Mayor, I like the addition of this occurring as we are watching. I would make the last -- the last paragraph two separate paragraphs and probably instead of this, I would say these conditions. And if the applicant is comfortable with that, I think -- it seems to me that was where we were going last week, wasn't it? De Weerd: Okay. Anna? Canning: Madam Mayor, Members of the Council, I did call the applicant and discuss this general concept with them. You may want to have them come up now that we have the specific wording, so to speak, up on the screen. De Weerd: It's been a moving target. I'm sure they will comment, so -- Rountree: Madam Mayor, as long as we are word-smithing -- there you go. Delete it. De Weerd: Okay. Anything else? Rountree: That's all I have. De Weerd: Okay. Applicant comments? Canning: Madam Mayor, while the applicant is working his way up to the microphone, I did want to comment on the third condition. The idea on that one for Allys Way would be that the applicant could use their emergency access as their primary access until such time as River Valley Street was available. ACHD had had concerns with that access point being so close to the River Valley intersection, but we are talking about before that River Valley Street intersection is there. So, there shouldn't be a conflict with ACHD, although they are here, they can comment on that. But that was the idea behind the third one. De Weerd: Okay. L.Anderson: Madam Mayor, Members of the City Council, my name is Lars Anderson, with Bach Homes, 11650 South State Street, Draper, Utah. 84020. De Weerd: Thank you. L.Anderson: I remembered this time. And we have reviewed the conditions and agree with them. Meridian City Council • May 27, 2008 Page 38 of 52 De Weerd: Great. Council, any questions for the applicant? Bird: I have none. De Weerd: We have none. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Did we resolve the issue of not having the parking spaces covered in the numbers that they -- that the ordinance would say? Do we have a way to -- have we discussed that to our satisfaction? Rountree: There is a request for a variance. Canning: Madam Mayor, Members of the Council, my understanding is that the -- most of the Council, if not all, had expressed their okay with the requested variance and had given some reasons related to the canal -- or the irrigation district requirement. Zaremba: The canal being the reason that it would make it acceptable. Okay. I didn't know if we nailed that one down. I remember the discussion, but -- De Weerd: Okay. Any comments from the ACHD? Christie -- okay. Okay. Council, any further information needed? Bird: I don't need any. Canning: Madam Mayor, Members of the Council, would you like me to clarify the emergency access or the temporary use of the emergency access on that third item? Rountree: Yes. Canning: Madam Mayor, Members of the Council, I have added the statement: This would allow temporary use of the -- I could put eastern emergency access until such time as River Valley Street is constructed. De Weerd: Anything -- does that help? Zaremba: Uh-huh. De Weerd: Okay. Anything else from Council? Any final comments from the applicant? Any final comments from staff? Canning: Madam Mayor, Members of the Council, I did want to remind Council that the applicant did offer to -- if the right of way is available for River Valley Street, to fully gg { r a II i {{ yy { I t. i {j gGG r I J� �, _. ., .._� .. .. i. �, ! . .: 3, ii ]Jf pg ddd a. �,.� ni �<h i... � •'S � ik..t_ `.. ..i F .# � r iiia 4 tu, ..... �S: _. Meridian City Council May 27, 2008 Page 39 of 52 improve that from his property to the southern curb of the roadway. I believe I stated that correctly. Yes. I'm getting nods. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Clarification. You mean, essentially, his full southern property line, not just to his own entrance? Canning: Madam Mayor, Members of the Council, he would -- he would develop the right of way adjoining his southern property line all the way to the south curb of River Valley Street. So, he would be -- Zaremba: Oh. Okay. From Eagle to Allys. Canning: Yes. Zaremba: Okay. De Weerd: Okay. Anything further? Okay. Any final comments from the applicant? None? L.Anderson: Madam Mayor, Members of the Council -- state my name again? De Weerd: Uh-huh. L.Anderson: Lars Anderson with Bach Homes, 11650 South State Street, Draper, Utah. 84020. 1 did want to clarify that that offer was, obviously, contingent on the dedication of the right of way and only included the frontage in front of our property, but did include the southern edge of the right of way all the way to Eagle Road. The only section that was excluded was the section -- the section that we don't have frontage on, about 250 feet from Eagle Road to where our property line begins. So, just to clarify that. On the north side of Eagle Valley Road. The first 250 feet from Eagle Road to our property line would be paved, but without curb and gutter is what we stated in the letter, because -- Canning: Madam Mayor, Members of the Council, I believe he's stating on the north side of that. Since there wouldn't be the right of way there he wouldn't have access to it. L.Anderson: Okay. I just wanted to clarify that. All the other conditions we agree to. De Weerd: Okay. Thank you. Okay. Council, if there is no further information needed -- if you feel comfortable with what clarifications are needed, I would entertain a motion to close the public hearings on items 10, 11, and 12. Meridian City Council • May 27, 2008 Page 40 of 52 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close public hearings on Item 10, 11 and 12. Zaremba: Second. De Weerd: Okay. I have a motion and a second. All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Okay. I would enter a motion on Item 10. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the annexation in Item 10, AZ 08-003, with all staff and applicant comments and offers and a DA to reflect the conditions as indicated on the overhead, in addition to all the other applicable provisions. Zaremba: Second. De Weerd: Okay. I have motion and a second to approve Item 10 as stated. Any discussion? Seeing none, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 11. Rountree: Madam Mayor, I move that we approve Item 11, CUP 08-004, subject to all the appropriate comments and conditions. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 11. If there is no discussion, roll call vote, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 12 is on a variance 08-002. Meridian City Council May 27, 2008 Page 41 of 52 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for variance VAR 08-002, primarily because of the conditions that lay on the land that would be part of the parking facility, with respect to Nampa -Meridian Irrigation's lack of ability see fit to let structures be built on that easement. De Weerd: Okay. I have a motion to approve the variance. Do I have a second? Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Hearing none, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: VAC 08-004 Request for a Vacation of a portion of the public utility easements platted with Verona Nos. 2 and 3 Subdivision for Verona Nos. 2 and 3 by Primeland Development — NEC of W. McMillan Road and N. Ten Mile Road:. De Weerd: Okay. Item 13 is Public Hearing VAC 08-004. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is vacations for Verona Subdivisions No. 2 and 3. They are located generally on the northeast comer of West McMillan Road and North Ten Mile Road and there is vacations requested. One is for the ten foot PUD easement along the west boundary of Lot 2, Block 12. One is the 35 foot blanket easement on Lot 36, Block 10 and Lot 1, Block 12. And the other is for all PUDI easements along the west, north, and internal lot boundaries of Lots 41 through 46, Block 3. To our knowledge there are no outstanding issues before Council and staff is recommending approval. This site has been surveyed and the easements proposed to be vacated do not contain any utility infrastructure. These are, basically, necessary to -- to clean up the last of the -- you have had rezones and new subdivisions filed in these areas and it's just to clean those up and - so they can move forward with the site development. De Weerd: Thank you. Council, any questions? Rountree: I have none. Meridian City Council May 27, 2008 Page 42 of 52 Bird: I have none. De Weerd: Okay. Does the applicant have any comments? No comments. Must agree with staff, since they agree with you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we close the Public Hearing on Item 13, VAC 08-004. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 13. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I would move that we approve Item 13, request for vacation VAC 08-004. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 13. If there is no discussion, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: ZOA 08-001 Request for a Zoning Ordinance / Unified Development Code (UDC) Text Amendment to modify, clean up and add specific sections to the UDC (see application for details of all sections proposed for amendments) for Unified Development Code Text Amendment #4 by the City of Meridian Planning Department: De Weerd: Thank you. Item 14 is a Public Hearing on ZOA 08-001. 1 will open this with staff comments. Canning: Madam Mayor, Members of the Council, this is our fourth Unified Development Code text amendment since its adoption in 2005. We are still finding things that could be fine tuned or nits and picks here and there or other issues that you have asked us to address. So, the Commission did recommend approval of this at their Meridian City Council • May 27, 2008 Page 43 of 52 May 1st, 2008, Public Hearing. Planning staff spoke in favor. No one spoke in opposition. No one commented, nor provided written testimony. Key issues of discussion by the Commission were request for clarification on the intent of the modification to UDC 11 -2A -2C regarding the necessity of adding: Or listed as a preliminary use and I'm -- there are a lot of these amendments that are written for the sake of enforcement and just being able to -- for the prosecutors or whatever individual that takes these forward to be able to stand in front of a judge and say that it's clearly covered by the UDC. So, a lot of the amendments that are before you -- about half of them or at least a third are related to that and what I'd like -- with regard to key Commission changes to staff recommendation, there were none. All they asked for was that clarification. And to our knowledge there are no outstanding issues for City Council. I did receive a letter from Mr. Jewett and he talked to me quite some time ago about the concepts proposed in his letter and you have a copy of that. I am generally okay with those. I didn't get them in enough time to really go over the exact wording, so I would like to go through kind of just the general concepts in the UDC text amendments and, then, probably review Mr. Jewett's suggestions and bring back appropriate wording for you next week. Having said that, I'm going to jump into the general concepts. As I had mentioned before, a lot of these are enforcement related. In particular, that very first one, 11-1-12, this is actually something that we think will come in very handy. It's already come in handy. We have a similar provision in the temporary use ordinance. And it, basically, says in the enforcement section that the city may withhold any approval and a permit for any and all proposed activity or uses on any real property with outstanding violations of this title, except that such approval and/or permit shall not be withheld where doing so would adversely affect health, safety, or the general public welfare. So, that gives us the ability -- if there is an outstanding violation, it just gives us a tool to get them to come into compliance, because sometimes they -- they basically just say sue me and we're not always sure we will win in court, so we don't proceed with the lawsuit. There are a number of those. If you look down to number 11-2, the applicability statement, again, those were put in by Mrs. Kane for the purpose of -- of aiding in prosecution. And the same with 11 -2A -2A, permitted uses. This language is just largely for enforcement purposes, as is 2B and as is 2C. And you will see those repeated throughout every zoning district. We also have changes related to changes in the IBC and that one is number 3D-3 here. So, where the UDC prior -- previously allowed buildings less than 120 square feet in area to not require a building permit, so we exempted them the requirements of meeting setbacks. That number has moved up to -- or -- I'm sorry. It was previously 200, now it's down to 120. So, we made a similar change to the UDC to be consistent with that building code. There are a number of changes related to wireless communication facilities and I certainly don't want to go through them all. You may remember when -- just prior to the UDC being complete Mr. Dave McKinnon brought through a text amendment to the old code for wireless facilities and about midway through that -- De Weerd: I remember his presentation. Canning: Yeah. About midway through that he just -- his client decided not to pursue the text amendment anymore. So, it kind of got half the way through and, then, was just Meridian City Council • • May 27, 2008 Page 44 of 52 left. When we were doing the UDC we tried to incorporate those things, but I have to admit I was confused and couldn't figure it out. Well, I finally -- we haven't had a lot of wireless communication facilities. I knew there was a flaw in there. I was having a hard time figuring out where the flaw was. I sat down one afternoon -- I think I figured it out and so there is a lot of little changes necessary to make it do what we wanted it to do and that was, basically, to allow stealth facilities and to allow very small facilities within the residential neighborhoods that met certain standards. So, I'm not going to go through those in detail. You did that years ago. But it's just -- the mechanics of it weren't working correctly, but I believe they are now. De Weerd: I still wouldn't want to see it on a street light outside my window. Canning: Yeah. There are -- there is one I wanted to bring to your attention regarding access to streets and that's on 11-3A. This is to address some of the issues we have with some of the older commercial developed areas. Fairview Avenue comes to mind between Eagle and Meridian. Basically, what this says is that if you're developing property that has access to an arterial or collector roadway and you have got another option, you need to keep that option or if you don't have another option you need to provide cross -access. The idea was that we can, hopefully, close down some of those access points to those arterial roadways over time. This is probably the most controversial provision we had added to the whole -- the whole document, so I just wanted to make sure you were clear on that and aware of that. We did a few modifications to the required parking spaces for residential use. These are down in 3C. Basically, the way Mr. Hood restructured this was to make the parking space requirement related to number of bedrooms, rather than the type of unit necessarily. It provided a little more equity when it came to -- well, it provided a relief to one bedroom units, which we are seeing a lot of smaller units these days where you don't really -- if you have got one bedroom you probably don't need four car parks, as would be required right now if it were a detached family dwelling. So, that's the general intent of those -- of those changes. Oh. And, then, in 11 -3C -5B we kind of clarified this idea of when is it okay not to actually pave a parking area. We have discussed this with you about temporary uses. There are some other times where asphalt isn't really necessary to achieve the goals we want as far as development of the community, but making sure that we have a dustless surface and making sure that just -- that there is a reason for not doing the asphalt. Okay. Moving on. We made a few changes to signs. Those are in 3B. One -- Mr. Anderson's gone, but this was kind of for him. We found out -- oh, there he is. We found out that because of the zoning on some of fire stations in particular or some of our other public and quasi -public buildings we have out there, sometimes they have a residential zoning with no sign permissions. So, we did add a statement that says any sign erected by or under the authority of the City of Meridian on property owned by the City of Meridian shall be exempt from the provisions of this article. And that allows us to identify station number four as such -- or station number five as such. So, that was the idea behind that change. And, then, we did at look some of the temporary sign provisions. I know the Mayor has recently asked us to look at election signs again. We did have a section in here coming forward prior to that request from the Mayor. Okay. So, we also clarified the permanent and temporary window Meridian City Council • May 27, 2008 Page 45 of 52 signs and particular temporary window signs. We clarified that they need to be painted directly upon the window glass or composed of a transparent material affixed directly upon the window glass surface. The idea was not to have opaque objects placed on the windows such that they don't function as windows any longer. And I think that that becomes important for clutter and also some of our design guidelines as we are looking for visibility into those spaces. It also -- we were having issues with a sign company putting -- basically affixing large rather very solid copy -- changeable copy letter signs put on the windows -- affixed to the windows and calling them window signs. So, this would clarify that issue as well. Let's see. We also have -- we added a change for school signs. We have allowed school signs, but we didn't have any standards for those. So, we did put a standard in that maximum height for school signs shall not exceed 15 feet and maximum background area shall not exceed 80 square feet. We did send this off to the school district. They haven't provided any comment. We also sent it to the Building Contractors Association and the Developers Council and we have received no comments. Finally -- oh. Wait a minute. No. We have made some modifications to the L -O district and new district setbacks and those are -- I need to go backwards for you here. One of the items we added -- this was specifically one the Council had requested was business hours of operation within the L -O and C -N districts shall be limited from 6:00 a.m. to 10:00 p.m. This restriction applies to all business operations occurring outside an enclosed structure, including, but not limited to customer or client visits, trash compacting, and deliveries. This restriction does not apply to business operations occurring within an enclosed structure, including, but not limited to cleaning, bookkeeping, and after-hours work by a limited number of employees. We also changed the front and the rear setback on the L -O. It was the only district that previously had any front and rear setbacks. The idea had been that the L -O lots would -- would be homes that were being converted. We did have people going in and doing L -O subdivisions and those setbacks were making for inefficient layout and development of the subdivision. What we left for the L -O was to make sure that we had the buffers to the residential uses and, then, the interior side setback buffers as well. So, we feel we left the protections necessary, but gave them the -- a little more flexibility with regard to subdivision design. Okay. And, then, finally, we added two new districts and those are the ME and the HE. The MEHE. And they are mixed employment and high density employment. So, you will see the mixed employment -- and these are directly related to the Ten Mile specific area plan. The mixed employment corresponds with the land use designation of that name and would allow a mix of light office, light industrial, any employment center are basically -- they typically were envisioned as not -- not the tallest buildings in the Ten Mile specific area plan, so we picked the height limits similar to the C -G zoning currently. And, then, for the high density employment, these were a minimum or four to six stories, so we have a maximum height limit of 95 for that one. De Weerd: So, what do the initials stand for? Canning: Mixed employment and high density employment. And, then, I have pulled out the use table and showed you which uses were allowed and how they are allowed. So, like animal care facility would be conditional in the mixed employment. I don't know Meridian City Council • • May 27, 2008 Page 46 of 52 why I left these ones in. Church, as always, is conditionally allowed. Conference center would be conditional in mixed employment, but principally permitted in high density employment. A employment center would be allowed as an accessory use in either district to a large office complex, for example, or conditionally allowed as a stand alone use. A group day care, again, conditionally allowed. Drinking establishment, conditionally allowed within the high density employment. Education institution, a private school would be principally permitted. Public school as well. Financial institution would be principally permitted in the mixed employment, but only an accessory use to the high density employment. The idea being there it would be bank offices that would be more appropriate within high density employment, not just the bank itself. Not the customer service end of that. Flex space, which is kind of a light industrial use, would be principally permitted in the mixed employment. Fuel sale facility would be conditionally allowed within the high density employment and a lot of these issues had been considered within the plan itself. They had a number of appropriate uses, so it was fairly easy to go through and to pick out the specific uses that were appropriate with those districts. Truck stop would not be appropriate in either. Health care or social services would be principally permitted in either. Hospital would be principally permitted in the high density employment. I'd actually like to -- if the Council approves the zoning designation, to go talk to St. Luke's about perhaps rezoning their property from L -O to high density employment, more consistent with their use. Hotel and motel, principally permitted in high density employment, conditional in mixed employment. Industry information principally permitted in either. Light industry principally permitted in mixed employment, conditional in high density employment. Laundry and dry cleaning could be accessory in the high density. Parking facilities, as well as parks, public and -- public infrastructure, public or quasi -public use, public utilities, those are all kind of general public uses. Personal service would be accessory in the -- both zones, whereas a professional service, like bookkeeping, would be principally permitted. So, this would be like a hair dresser would be accessory to the larger use, but offices, again, would be principally permitted. Research and development facility, principally permitted. Restaurant and retail stores, both accessory in either zone, as well as temporary uses. Car wash could be accessory to the fuel sale facility in the high density employment. Warehouse would be an accessory or conditional use in the mixed employment. And, then, we get into the wireless stuff. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Back on the restaurants. Wouldn't -- in a high employment area wouldn't we want to encourage there to be restaurants, so that they wouldn't have to go very far for a lunch break or before and after? It would seem to me that would be a good place for principally permitted restaurants. Or am I thinking wrong? Canning: Madam Mayor, Members of the Council. No, that's -- and that's why we listed them as accessory. The idea is you don't want to have a restaurant pad, though. The high density area envisions minimum structures of four to six stories, so -- Meridian City Council • • May 27, 2008 Page 47 of 52 Zaremba: It would have to be in the big building, not a separate building, is that the -- Canning: I haven't seen a six story restaurant yet. So, I mean I suppose we could have one want to come in, but the idea was that they would be accessory to -- you know, be on one floor of an office building or something like that. Zaremba: But it could be operated separately from the rest of the businesses. Canning: Yes. Zaremba: In other words, it's not the cafeteria of a big business that's in there. Canning: Correct. And perhaps we need to -- that's a good point. Zaremba: It's open to the public. Canning: Yeah. We could make that principally permitted. That's -- accessory does imply that it's accessory, so maybe it would be better to do principally permitted and, then, just rely on the fact that it needs to be -- Zaremba: Six stories. Canning: -- four to six stories. Zaremba: Just a thought. Canning: You talked me into it. I think I have overwhelmed the Council. I wasn't looking for action tonight, so I can take this up again with you next week or -- that would seem the most appropriate -- oh, I'd like to talk about Mr. Jewett's letter, too. I forgot about that. Rountree: Madam Mayor, if I might ask Anna. There is a couple things we have talked about that may or may not be applicable to this amendment, but one question that came up a number of months ago was gated communities. Is that something that could be discussed in this amendment? Canning: Madam Mayor, Members of the Council, we hadn't discussed it. The direction you gave the applicants was that they needed to bring it forward, that staff wasn't going to. So, I didn't. But I could. Borton: We sort of left it hanging. Rountree: I personally would like to wrap up some of these, if -- we can at least talk about them and either leave them the same or make -- modify them to make them work. And that's one we have talked about I know. And, then, another -- Meridian City Council • May 27, 2008 Page 48 of 52 Canning: You may recall staff didn't support that one. I think that may have been why you asked them to bring it back, but we can work on it. Rountree: Well, I know you didn't support it, but I got the sense that we might have. De Weerd: You may not have, but -- Rountree: You may not have, but I thought Council -- De Weerd: There was an interest -- Rountree: I think there was an interest on the part of the Council. Canning: Yes. Rountree: So -- and, again, I don't know if this is the opportune time to talk about landscape requirements on industrial zoning, but that might be a future amendment that we need to talk about. Canning: Madam Mayor, Members of the Council, Mr. Rountree, I think that we can do that through the alternative compliance. I'm more comfortable with that -- doing that that way for now. Rountree: Okay. As long as we can make it work. Canning: We will -- I think we can. Rountree: Okay. Canning: And at least give it awhile to see what bugs we flush out and, then, we can make an amendment once we get that worked out. Rountree: I'm fine with that. Canning: Madam Mayor, Members of the Council, the issue Mr. Rountree is -- Councilmember Rountree is speaking about is the necessity for the five foot landscape strip on truck maneuvering areas within an I -L district, as opposed to car parking areas. These were just only the areas where the trucks are maneuvering. It's generally against another I -L property. And I think that the code allows me enough flexibility to work with the applicants on just providing some alternative compliance for those areas until we find out a better code solution. Rountree: Okay. Meridian City Council May 27, 2008 Page 49 of 52 De Weerd: Okay. Council, anything further? I guess I would ask Mr. Jewett, do you have any comments that -- I know that we just got your letter -- I haven't looked at it. Staff hasn't reviewed it. Do you want to comment on that? Canning: Or I can, Jim. Madam Mayor, Members of the Council, if you wouldn't mind, I'd just -- I can comment on the general nature of Mr. Jewett's comments. De Weerd: Or why don't you -- would you rather read it and have a chance to really evaluate it or do you feel you need to comment on it tonight? Canning: Well, I just wanted to give a brief overview. De Weerd: Okay. Canning: What -- the TN -C and the Old Town District didn't have the same kind of allowances for height and variations from height and foot -- square footage footprints that the other commercial districts did. And in reviewing his South Ridge project Mr. Jewett felt the need to have that flexibility for the TN -C district and it may be appropriate to have it for the Old Town District as well. What I'd like to do is work with Will Thomton who is working on kind of the site design stuff for those districts, be able to go over those with him. But, basically, it says if you want to do something else it's a CU, rather than a variance. If you want to do a larger footprint, it would be as a conditional use. If you want to go higher, it would be a conditional use, rather than a variance. And I'm okay with that concept. There was one -- there is a two story minimum requirement for the TN -C. Mr. Jewett is proposing that -- that it could be -- as long as 50 percent of it is two stories, you could have wings, perhaps, that were one story. That's the one in particular I want to talk to Mr. Thomton about and see how that folds into our design guidelines we are considering. But, in general, I'm okay with the proposals suggested. De Weerd: Okay. Good. I love the fact he doesn't want to comment. Okay. However, this is a Public Hearing. Is there anyone who would like to provide comment at this time? Certainly it looks like we will be continuing it until -- until when? Next week? Bird: June 3rd. Rountree: June 3rd. Canning: Next week would be fine for me, Madam Mayor. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we continue Item 14 until June 3rd. Bird: Second. Meridian City Council May 27, 2008 Page 50 of 52 De Weerd: Okay. I have a motion and a second to continue Item 14 to June 3rd. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 15: Ordinance No. : RZ 07-014 Request for a Rezone of 30.08 acres from R-8 to C -N (13.59 acres) and TN -C (16.49 acres) zones for Cavanaugh by Kasterra Development, LLC — Southeast Comer of South Meridian Road and East Victory Road: De Weerd: Okay. Item 15 is Ordinance No. 08-1367 and I would ask Madam Clerk to, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1367, an ordinance finding that Projects West, Inc., the owner of certain real property, has made a written request for rezone of the zoning classification RZ 07-014, Cavanaugh, for real property being a parcel of land in the northwest one quarter of Section 30, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territory situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said land from R-8, Medium Density Residential District, to CA Neighborhood Business District and TN -C, Traditional Neighborhood Center, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 08-1367, with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 15. If there is no discussion I will call for roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. L£i - 3'.. .; 1 •z ..; ., ',. �. .. Meridian City Council May 27, 2008 Page 51 of 52 Item 16: Ordinance No. 08-1366 Reconsideration for Final Decision Ordinance (2nd of 3 Readings): De Weerd: Item 16 on Ordinance 08-1366, is in a second reading. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1366, an ordinance adding Title 1, Chapter 7, Section 10, Meridian City Code, regarding request for reconsideration for final decisions of the Meridian City Council of the City of Meridian and providing an effective date. De Weerd: Thank you. This will be set on the next agenda for the third reading. Item 17: Executive Session per Idaho State Code 67-2345(1)(b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student): De Weerd: Item 17 is an Executive Session per Idaho State Code 67-2345(1)(b). Do I have a motion? Bird: So moved. Borton: Second. De Weerd: Okay. I have a motion to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Bird: I move we come out of Executive Session. Borton: Second. Rountree: All in favor? MOTION CARRIED: ALL AYES. Borton: Move we adjourn. Bird: Second. Meridian City Council May 27, 2008 Page 52 of 52 Rountree: All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:43 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR TAM be WEERD ATTEST: G JA d mmliffilll 9 DATE APPROVED 1.0,11 A O L. HOLMAN _ SEAL May 23, 2008 MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of May 13, 2008 City Council Special Workshop 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 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. May 23, 2008 MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT ITEM NO. S -B REQUEST Approve New Beer & Wine Application for Sanko Visions, LLC dba Grains of Montana located at 1505 South Eagle Road Ste 190 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian ® 0 BEER AND WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant: SanKo Visions LLC Business Name: Grains of Montana Location: 1505 S. Eagle Rd. Ste 190 License Type: [X] Beer [X] Wine jj Liquor Application / File Fee: New Beer $200 and New Wine $200 Receipt No. 13216 Economic Development: Economic Development Approval: N/A Signature Date Police Department: Police Chief Approval; Signature 6 CP --j- i o Date Fire Department: / Fire Chief Approval:- SI / l ° �' Signature Date Planning Department: Planning Director Approval: c- Signature Date Public Works Department: Development Services Manager Approval: Signature a e� PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This is scheduled to be on the May 27 City Council Agenda. THANK YOU. Til rA ` O �, ( wr � o tA o. >� w c Z r o cr CD � C. v O �1' � O y`ti • �• °o 00 to •_ 'L}`+ • .Qq � - til �' �• l J rte,. Lim ° w4...r • M• �. .• .o'cn H eb A 10 �. M a. a NJ �� o U 19 06 01: 15.10 0 BEER AND WINE LICENSE APPL CA ION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant: SanKo Vislons LLC , Business Name: Grains J Montana Location: 1505 S._Eacle. Rd. Ste 190 License Type: Beer Pq Wine p Liquor Application / File Fee: New Beer $200 an New Wine $200 Receipt No. 1321fi Economic Devdlooment: Economic Development Approval: �NIAr Signature Date Police-GLOD-artment., Police Chiet Approval: Si nature Date Fire D®Aartment: /ee Fire Chief Approval: Signature Date Public Works. Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This is scheduled to be on the May 27 City Council Agenda. THANK YOU. P.5 9 BEER AND WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant: SanKo Visions LLC Business Name: Grains of Montana Location: 1505 S. Eaale Rd. Ste 190 License Type: W Beer Pq Wine U Liquor Application / File Fee: New Beer $200 and New Wine $200 Receipt No. 13216 Economic Development: Economic Development Approval: N/A PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This.is scheduled to be on the May 2r City Council Agenda. THANK YOU. Signature Date Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: Signature Date Plannina Department: ector p nine Dir2E�Z' I OIC ,Signature Date Public Works. Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This.is scheduled to be on the May 2r City Council Agenda. THANK YOU. 0 0 . Page 1 of 1 Nancy Radford From: Bruce Freckleton Sent: Monday, May 19, 2008 9:55 AM To: Nancy Radford; Bob Stowe; Jeff Lavey; Joe Silva; Ron Anderson; Anna Canning Subject: RE: Grains of Montana NEW Beer and Wine License Attachments: Bruce Freckleton (freckleb@meridiancity.org).vcf Public Works has reviewed the attached application and has found that an Occupancy Permit has not yet been issued for this location. We don't have any issues with the approval of the licenses; however I would request that we withhold the actual issuance to the applicant until after an Occupancy Permit is issued by the Building Department. Thank you, Bruce Bruce Freckleton Development Services Manager Meridian Public works Department From: Nancy Radford Sent: Friday, May 16, 2008 3:25 PM To: Bob Stowe; Jeff Lavey; Joe Silva; Ron Anderson; Anna Canning; Bruce Freckleton Subject: Grains of Montana NEW Beer and Wine License Attached is a New Beer and Wine License Application for Grains of Montana. Please indicate your approval by signing pn the appropriate line on the Approval Checklist and returning to our office. Thank you so much! Nancy Radford Assistant City Clerk Meridian City Clerks Office Office: 208-884-2468 x225 Fax: 208-888-4218 5/19/2008 0 0 Will Ber From: Lila F Hill [liia25@juno.com] Sent: Monday, May 19, 2008 9:45 AM To: Will Berg Subject: Re: FW: 3 pictures for you Will - Thanks for forwarding those historical office pictures. Carol & I will be at the old library Tuesday the 20 at 2 to mark which boxes will be taken to her house & mine for the intervening days before the city hall opens. The movers are to come on Wed. at 1:00. Earl is to have by-pa.ss surgery on June 4 at St. Als - they may possibly do the carotid artery clean out at the same time. I have told Tom that I would still do the tour on the 7th & he gave me the details on that - Walking - begin at 1:30 and end up at Rick's Press room for questions & answers (hopefully) & coffee or beer? Please order the letter size Permalife Bond paper for the copies of "Before the Times." We'll need at least 2 reams - We have 3 reams of legal size and that should do for quite some time. Extra reams of the letter size would be great. If you want me to go through my copy of the catalogue and look for other items - like some more newspaper boxes•& tissue - I can do that - Lila 1 MayorTammy de Weerd CEIVED aty Coundl MemberxE IDIAN� Bono IDAHO MAY 16 2008 Charles vid Rountree mba o; City Of Meridian City Clerk Office C&!dr—/ j cZ,l APPLICATION FOR NEW BEER LICENSE I APPLICATION YEAR „:)-o Q8� U {1) Application is hereby made for a license as a R ptoa I e- ReWer or Packep Vendor only Of beer and fee in the sum of $ 2 b U . e o is enclosed. Name of Business Gr-miy%j a-( IMayrra na 20Vt—OAAcQm± a- QAllery kA Address f Sos qCL . , �I Q . UAer��Phone 4 I :1- -1C--L9 Type of Business LL C [ ,Sanyo V� S.rwix r .LLC pnsert Corporation. IndMdual, Partnen tdp, etc.) Name of Applicant Sa_r-rL s%t.t, @,j4wW k3bo7 Address23bgsc CJs LcoaPhone Li l -lily Address of Premises I 0-5 S. toLr-t-e RcQ. MerA* , Act., f 210v*? - Str"t Address City County (2) Premises are (check one: . Owned Owned or Mortgaged Amount of loan secured by mortgage:$ leased_ rented Owner of building is ki'm6l) Prc e esu 'PQ, U, -0L F goy , QoiTe, -Vb 93 6 7 Name and Address Person holding mortgage on premiss is Fixtures in "the premises are of the value of $wand are (check one): Owned Held on Conditional Sales Contract leased or Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner Is: Name and Address City Clerk's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 a Fax 208-888-4218 a www.moddiancity.org 0 If applicant is a Partnership, the names and addresses of the other partners are: �:cur�. stn. 1G.a IZici N 1 G°jy� �T C►�e � 837fiZ Corporate applicant must fumish the following: Date and place of incorporation: B acxk- ZM4. Registered Office: 27o SS r,,,st U1ls Ldz= L'n _&w -W • 2 Name of Manager of Corporation. _ Scvca.. Sze, :j,�n r, Manager of Corporation became a resident of Idaho on: 3 /2� l 8 Q Names of all officers and Board of Directors of Corporation: �Yd' � � �. �ucc,{�� }�cta,�.l S I,,t,►..I,� �, I� � a,na S h •w..I If wholesaler, address where records are kept: Recommendations (6 or more residents of Meridian required): 1._ r ► Tit -em 2._yy-Ti, i�ect 6. A rnfacx iYlw-'C Lyne"._ STATEMENT AND OATH OF PERSONAL QUALIFICATIONS OF APPLICANT STATE OF Idaho ADA COUNTY I. _ —CXLra� -<—xLn 3 gun , being first duly sworn on my oath and say: That I reside at -Z3 d %,a Vb%,ec-t 1 (i Loow: that I became a bona fide resident of NA&Wtw ,-ab $3607 Beer License Application Page 2 of 4 0 0 Idaho on M a-rc t 2-r- , jq 8 R : that I am connected with the above named applicant as: _Owner Partner Manager of Corporation That I now hold United States Internal Revenue Retail Liquor or Wine Dealer's Stamp No. ,ML or Malt Dealer's Stamp No. 1.gYLz(if none, write "none") That the following Is a statement of the occasions within the past three years upon which I have been convicted of any violation of the Laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or have within the past three years forfeited or suffered the forfeiture of a bond for my appearance to answer charges of any such violation: (if none, write "none) Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions upon which I have been convicted of any felony within the past five years or have paid any fine or completed any sentence of confinement therefore within the past five years: (if none, write "none") Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions within the past three years when my application for or my license to deal in beer, wine or liquor have been refused, suspended or revoked (if none, write "none") Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation Beer Ltoerme Application Page 3 of 4 ini n t=-1 Ptf oul t r li !29101 1111 I A E " 111«€. I :§ _ J�' t1, fI{t' , 4 'Ar, #- 1 f El UP '11iF'i. ' s `! if if �. r t 0 That I am a citizen of the United States: (if naturalized, give number & place) (1f wholesaler, cross out the following line) That I am not an official, a ent or em wholesaler or jobber of liqi or or malt L Iv%_I a. of Applicant of any distillery, winery, brewery, of STATE OF IDAHO ) ) ss: County of Ado— ) IU* I HEREBY CERTIFY that on this _ day of before -the undersigned, a Notary Public In the State of Idaho, p rsonally appeared GL. known to me to be the person who executed the said instrument, and adkADwledged.to me that he / she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first abrgve written. n ••� per' - 1�� `_� 1 (S EJ Notary Public for Idaho Residing at CLA t L _jbU , Idaho •. My Commission Expires: 10-11-1 1 False stat&C in this application constitutes a felony and are punishable by imprisonment for not more than fourteen (14) years (Title 18, Chapter 54, Idaho Code). Beer Ucom ApptiC dm Pop 4 of 4 CME IDIAN1"-R�cE�D iosw-. MAY 16 tWA City Of Meridian City Clerk Office APPLICATION FOR NEW WINE LICENSE MayorTammy de Weerd Cky Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba APPLICATION YEAR 2 O o & (1) Application is hereby made for a license as a Re Petr Retailer only Of Wine and fee in the sum of $ 200 . oo is enclosed. (Retailer- SM.00) Name of Business &ra ave . Address ISDS SPhone y SQ -.1 '11 Type of Business LLC (Insert: Corporation, Indivklual, Partnership, etc.) Name of Applicant ?_L - Address ZX& F -bred R'Mc Loup Phone 10-1:2144 Address of Premises ISO. S. Fold,- RA . Mfe��t�-U% 14c, Street Address -City lCounty (2) Premises are (check one: Owned Owned or Mortgaged Amount of loan secured by mortgage:$ leased, rented Owner of building is ,11P op'rT; P c L L*yn� V'.'P aL�1P I Name and Address Person holding mortgage on premises is Name and Address Fixtures in the premises are of the value of $_, 2QS;0Wand are (check one): ,Owned Held on Conditional Sales Contract Leased or Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner Name and Address' TZ City Clerk's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433. Fax 2084HM 4218 . www.mendiancity.org -0- Qoyc Szo T3acm ,.D 917; M If applicant is a Partnership, the names and addresses of the other partners are: al Corporate applicant must furnish the following: Date and place of Registered Office: Z, 3 0 2 2 Gamst 74l i r ter Cci& Wtsk , xb yr tw? Name of Manager of Corporation: So-rc-. Sa h —'Txr-� Manager of Corporation became a resident of Idaho on: Names of all officers and Board of Directors of Corporation: NOTTIEWMIM M1 If wholesaler, address where records are kept: Recommendations (6 or more residents of Meridian required): STATEMENT AND OATH OF PERSONAL QUALIFICATIONS OF APPLICANT STATE OF Idaho ADA COUNTY I, .Sa r -o_ <�Ln ;LCL, . being first duly sworn on my oath and say: That I reside at Z3o8g Emat AcItLz=: that I became a bona fide resident of V4ft Uowm App*alw Page 2 of 4 1] 0 SEE REVERSE SIDE FOR SALE OR TRANSFER OF THIS LICENSE Rj O ' Or =r? co to cn0 cn0 .r. n Z co cr cr Q ZZ n o • P, 7 `^ Q = D � cp � v Q y -n Za o~ G) � R m cn yr cn „ a �'�/A� T U.J r_O ✓ a 0� • �• _ �tl-�: `-- . , •.J ' � - _fit, 4i ;' • coy W11*4% i c�. +' ,:-: '' :y ca. __.� Yrs-,: �!� .�•:. ,. , -,r CA -1 c=t`' cil In :4, _Z_:.: ..jam: + O y 2 .Z t,,... C) Ln v, _ n._- . -= o o- CD co 0 COQ O o Z C COD` CD a CD N 9. w CD O 7 co � Ian W Q Q CID C 0 Date: August 20, 2007 ' LEASE AGREEMENT 1. AGREEMENT. For and in consideration of the mutual covenants herein set forth,. Kimball Properties Limited Partnership, an Idaho limited partnership ("Landlord"), hereby leases to Sanko Visions, LLC, an Idaho limited liability company ('Tenant"), and Tenant leases from Landlord, the Premises herein described in accordance with the following terms ("Lease"). 2. PREMISES. The Premises and Interior improvements shall be as described on Exhibits A and B, located at 1505 S Eagle Rd, Suite 190, in Meridian, Idaho. The building in which the Premises are located ("Building"), together with the common areas as defined below, are referred to herein as the Facility. 3. TERM. The Lease term shall be as identified on Exhibit A hereto. The term Lease Year as used herein shall, in the case of the first Lease Year, mean the period beginning on the Lease commencement date and ending 1.2 calendar months from the last day of the month in which such commencement occurred, and in the case of succeeding Lease Years, shall mean each succeeding 1.2 calendar month period. 3.1 OPTIONS TO EXTEND. Tenant shall have the rights to extend the term of the Lease for two periods of five years each. Each such. right may be exercised only by giving written notice thereof to Landlord not later than six months prior to the expiration of the then expiring Lease term. All of the terms and conditions of the Lease and its addenda and amendments, including all rent provisions, shall govern during any such extension and shall be construed as though such extension was part of the original term. 4. RENT. All rent due hereunder shall be paid to Landlord without offset or prior notice or demand, in lawful money of the United States, at such place as Landlord may from time to time designate in writing. 4.1 BASE RENT. The Base Rent payable during the Lease term shall be as set forth on Exhibit A hereto, payable monthly in advance on the first day of each calendar month. Ll 4.2 OPERATING COSTS. Tenant agrees during the term hereof to pay as additional rent Its share of all costs incurred by Landlord in the course of operating, maintaining and managing the Facility. Tenant's share of such costs shall be the percentage of the rentable space in the Building leased by Tenant. Such costs include all real and personal property taxes and other taxes levied upon the Facility or the operation or occupancy thereof, whether or not now customary; casualty and liability Insurance reasonably maintained by Landlord upon the Facility; all utilities (except those separately billed to Tenant by the utility provider); maintenance; dues assessed against the Facility through any common area maintenance and operation association; and all other costs reasonably incurred by Landlord, including without limitation license, permit and inspection fees, wages and payroll taxes for personnel engaged in the operation, repair, maintenance, management, and record- and bookkeeping of the Facility, and supplies, equipment and tools required in connection therewith, provided that any management fees shall not be In excess of industry standard property management fees. 4.2.1 ESTIMATES. Landlord may estimate annually in advance the amount of additional rent payable, and such amount shall be payable to Landlord in 12 equal monthly installments on the first day of each calendar month over each such year. At the end of each calendar year, Landlord shall determine the actual costs incurred and fumish tenant a statement thereof, and either Landlord or Tenant shall promptly pay to the other as appropriate the amount over- or under -paid by Tenant with respect thereto. 4.2.2 CAP. Notwithstanding the foregoing, Tenant shall not be obligated to pay its share of any increase in controllable operating costs to any extent that their aggregate increase in any given year exceeds five percent. Controllable operating costs shall mean all costs other than property taxes, insurance, snow removal, and utilities. 5. SECURITY DEPOSIT. Concurrently with the execution hereof by Tenant, Tenant shall deposit with Landlord $9,000 to be held by LEASE AGREEMENT — Grains of Montana at Grandview Marketplace -1 0 Landlord as a security deposit for the performance by Tenant of all of the terms of this Lease. Landlord may, at its option, apply or retain all or any part of such deposit for the payment of any amount which Landlord may become obligated to spend by reason of Tenant's default or to compensate Landlord for any other loss or damage arising from Tenant's default. If any portion of such deposit is so applied, Tenant shall within 10 days of written notice deposit with Landlord cash sufficient to restore such deposit to its original amount. Landlord shall not be required to keep such deposit separate from its general funds, nor shall Tenant be entitled to any Interest thereon. In the event of termination of Landlord's interest in the Lease, Landlord shall transfer said deposit to Landlord's successor in interest, whereupon Tenant agrees to release Landlord from all liability for the return of such deposit. 5.1 REFUND. If Tenant fulfills all of its Lease obligations during the first three Lease Years without default, Landlord shall thereupon return such deposit to Tenant; Landlord shall otherwise refund the deposit or any balance thereof at the expiration of the Lease term and after Tenant has vacated the Premises. 6. PERSONAL PROPERTY TAXES. Tenant shall pay before delinquency all taxes and other public charges levied upon or measured by the value of its business operation, and upon the furniture, fixtures, equipment or other property of Tenant located on the Premises, whether or not such charges are now customary. 7. COMMON AREAS. The term common areas means the land and improvements which at any given time have been designated by Landlord for the common use by or for the benefit of more than one tenant, including without limitation, any land and facilities used for or as parking areas, access and perimeter roads, landscaped areas, drainage facilities, trash enclosures, walks and. paths, and other public facilities. Tenant shall have the non- exclusive right during the Lease term to use the common areas for itself and its agents and invitees. All common areas shall be subject to Landlord's exclusive control, and Tenant agrees to abide (and to cause its agents and invitees to abide) by such rules as Landlord may from time to time establish or amend to effect such control. Tenant shall not create or permit any obstructions or sell or solicit in any manner on or • about the common areas. Landlord shall have the right to modify the common areas to the extent deemed necessary or desirable by Landlord. S. SIGNS. Tenant may at Its cost professionally install one sign along (not perpendicular to) each of the north and east upper fascia of the Building over the Premises area. The size and design of the sign and its manner of attachment shall be subject to Landlord's prior written approval and applicable ordinances. Additionally, Tenant may at Its cost apply 2" tall decal lettering to the exterior of Tenant's entry doors) identifying Tenant's occupancy and hours. Tenant shall at its cost remove such signs upon the Lease termination, and promptly and professionally repair any affected surfaces to the condition they were in prior to Installation of the signs. No other signs of any kind visible from outside the Premises shall be permitted at any time. 9. USE, SUITABILITY. Tenant shall use the Premises solely for operation of a restaurant and bakery in the name and style of the Grains of Montana franchise as currently established. Tenant acknowledges that the finished Building and Facility may vary In some respects from, but will be similar to; any renderings, brochures and other material depicting or describing the Building; however, the leased Premises shall not vary in any material respect from the specifications set forth in the Lease. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any warranty or representation with respect to the Premises or the suitability of the Premises for Tenant's use, the absence or presence of the same or other uses within the Facility except as provided In §9.2, or improvements to the Premises or Facility in any form except as provided in the Lease. The taking by Tenant of the Premises shall establish that they were then in satisfactory condition. 9.1 CONTINUOUS OPERATION. Tenant agrees that It will conduct within the Premises in a first class manner the use permitted hereunder continuously during the Lease term during its customary business hours. 9.2 LIMITED EXCLUSIVE USE. During the term hereof, and so long as Tenant is conducting the permitted use from the Premises and is not in default of the Lease, LEASE AGREEMENT — Grains of Montana at Grandview Marketplace - 2 Landlord shall not lease any other space within the Facility to any single restaurant occupying more than 2,500 sq ft of space within the Building, or to any combination of restaurants (excluding the Premises) whose combined size exceeds 5,000 sq ft. 9.3 SALES REPORTING. Tenant shall upon request (not more often than annually) provide to Landlord a signed, written statement of the gross sales from all sources transacted or originating at the Premises during the most recent full calendar year. 9.4 OTHER OPERATING COVENANTS. Tenant shall: 9.4.1 obtain all approvals and permits lawfully required in connection with such use and shall use the Premises only in conformance with all applicable laws and ordinances; 9.4.2 not at the Premises conduct or advertise any distress, bankruptcy, going - out -of -business, or moving sale; 9.4.3 not display, sell or store goods or materials outside the Premises, nor create or permit any nuisance in the Premises or .Facility, nor erect any signs (except as expressly permitted elsewhere herein), non - building -standard window shades or other improvements visible from outside the Premises; 9.4.4 not use the leased Premises in any manner which is prohibited by a standard form policy of fire insurance, and shall pay for any increase in premiums caused by its use; 9.4.5 accept such nuisance as may reasonably be associated with the construction of Tenant's premises or with the construction of other premises in the Facility; 9.4.6 accept that the Facility may contain one or more restaurants or salons whose roof -top exhaust air may be carried by prevailing winds near Tenant's fresh -air intake, resulting in some transmission of odor into the Premises; and is 9.4.7 abide by the terms of any building rules now or hereafter established by Landlord. 10. UTILITIES. Tenant shall establish its own account with the providers of electricity, gas and telephone services and pay directly to said companies for these services. Landlord shall furnish such other utility services to the Facility and Premises as reasonably required for the use and occupation of the Premises for the purpose set forth herein. Tenant shall not overload any utility system of the Facility nor consume an excessive quantity of any utility relative to normal consumption. Landlord shall not be liable, nor shall the rent abate, in the event of the failure of any utility deliveries for any reason other than the willful act or omission of Landlord. 11. MAINTENANCE BY TENANT. Tenant shall at its cost repair and maintain in good condition the Premises and every part thereof. including without limitation plumbing and electrical fixtures, other fixtures and equipment serving the Premises, any roof penetrations installed by Tenant for its equipment, unscheduled and remedial heating and cooling equipment repairs, and excluding only those specific parts of the Premises that are to be maintained by Landlord as set forth below. If Tenant refuses or neglects to perform such maintenance, or any part thereof, within a reasonable time after written notice from Landlord, landlord may at its option perform such service on behalf of and for the account of Tenant, and Tenant shall promptly pay as _additional rent any sums so expended. 12. MAINTENANCE BY LANDLORD. Landlord shall provide periodic preventive maintenance of the rodftop HVAC units (filters and lubrication), and shall maintain in good repair the following items installed by Landlord: the roof (except any roof penetrations to be maintained by Tenant pursuant to §11), exterior walls (except storefronts, glass, doors and door frames), structural parts of the building, and common areas; provided, however, that Tenant shall be required to make any repairs caused by Tenant's negligence or failure to observe the Lease provisions. 13. CONDITION UPON EXPIRATION OF TERM. Upon the expiration or earlier termination of the Lease, Tenant shall surrender the Premises In a clean and neat condition, LEASE AGREEMENT — Grains of Montana at Grandview Marketplace - 3 U ordinary wear and tear excepted, and shall promptly remove its personal property (such as business and trade fixtures, signs, and voice/data cable) and repair at its cost all damages caused by such removal. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises. 14. ALTERATIONS. Tenant shall make no alterations or additions to the Premises without Landlord's prior written consent. All improvements to the Premises (whether provided as part of any initial construction or otherwise) except trade fixtures shall when made be deemed to have been attached to the Premises and become the property of Landlord; provided, however, if prior to termination of the Lease or within 30 days thereof, Landlord so directs by written notice, Tenant shall promptly remove such improvements made by Tenant and designated in the notice, and repair any damage caused thereby. Any improvements shall be properly Installed and shall conform with all applicable ordinances. 15. ENTRY BY LANDLORD. Landlord and its authorized representatives may during normal business hours and with reasonable prior notice enter the Premises from time to time for periodic inspection and as necessary to perform any maintenance required to be performed by Landlord, and during the final 180 days of the Lease term, to exhibit the Premises for lease. Tenant hereby grants to Landlord such licenses and easements in and over the Premises as reasonably required for the installation of conduits, pipes and other facilities to serve the Facility. Landlord may enter the Premises at any time without notice to Tenant if reasonably required in connection with a situation posing immediate and material threat of injury or damage. 16. LIENS. Tenant agrees to pay or cause to be paid all costs for work done by It on the Premises and to keep the Premises free of liens on account of work done by it or persons claiming under It; provided, however, that Tenant may contest the validity of a lien, diligently pursuing the some to a prompt resolution, and upon the determination thereof, pay the final amount due and cause the lien to be released of record. Tenant shall indemnify Landlord against any liability or loss relating to 0 liens on account of work done by Tenant or persons claiming under Tenant. 17. INDEMNITY. Landlord and Tenant each agree to indemnify the other against all claims, and all reasonable expenses incurred in investigating or resisting the same, arising from the indemnifying party's negligence. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of loss or damage to its property or injury to persons in, upon or about the Premises from any cause, and Tenant hereby waives all claims in respect thereof against Landlord except those caused by Landlord's negligence or willful act or omission. 18. INSURANCE. Landlord shall procure and maintain fire and extended replacement cost coverage insurance on the Building, as such replacement cost is reasonably determined from time to time by Landlord. Tenant shall at Its cost acquire and maintain on reasonable terms a) business interruption insurance, b) casualty insurance for its fixtures, equipment and other personal property located on the Premises, and c) liability insurance of at least $2,000,000. Tenant agrees to furnish certificates of insurance to evidence such coverage If requested by Landlord. Landlord and Tenant each hereby waive any rights of recovery against the other for toss to such waiving party of its property or the property of others Insured under any Insurance policy carried by the waiving party, provided that such waiver shall not be effective unless the relevant insurance policy expressly permits such a waiver or contains a waiver of the carrier's right to be subrogated. 18. DAMAGE OR DESTRUCTION. If the Premises are damaged, but not substantially, then Landlord shall at its cost promptly repair such damage and the Lease shall continue In full force and effect. If the Premises are substantially damaged, then Landlord may at its option either (a) promptly repair such damage, In which event the Lease shall continue in full force and effect, or (b) terminate the Lease as of the date of such damage, by giving Tenant written notice thereof within 30 days of the occurrence of such damage. The rent shall abate during the period of any damage in proportion to the degree to which the Premises are thereby rendered unfit for occupancy. Notwithstanding the foregoing, Landlord shall have no repair obligations (except with respect to damages LEASE AGREEMENT — Grains of Montana at Grandview Marketplace - 4 11 Insured against by Landlord), nor shall the Lease terminate, nor shall any rent abate, with respect to damage caused by the willful act or omission of Tenant. Substantial damage shall be deemed to be damage to the Premises, the estimated cost to repair of which exceeds 15% of the then estimated cost of the improvements comprising the Premises. 20. CONDEMNATION. If enough of the Premises are taken by the power of eminent domain, as determined by Tenant in its reasonable opinion, to make the conduct of Tenant's business not reasonably possible, then Tenant may terminate the Lease as of the date Tenant is required to yield possession. If such condemnation is less than above, then the Lease shall continue and the rent shall abate in proportion to the amount of Premises taken, and Landlord shall promptly restore the Premises to an architectural unit as nearly comparable as practicable to the unit existing just prior to such taking. Any award for any taking of the Premises shall belong to Landlord, except that Tenant shall be entitled to any award made for loss of business and damage to Tenant's personal property located on the Premises as of the taking. The term eminent domain shall include a sale of the Premises by Landlord when such sale is made under the threat of condemnation and to the condemning authority. 21. ASSIGNMENT. Tenant shall not sublease, mortgage, assign or otherwise encumber all or any part of Tenant's interest in this Lease or in the Premises, whether voluntarily or otherwise, without Landlord's prior written consent. Any subletting or assignment, even with Landlord's consent, shall not relieve Tenant of its obligation to pay the rent and to perform all of the other obligations to be performed by Tenant hereunder, provided that in the case of assignment, if the current and prospective financial condition of the assignee is equal to or better than that of Tenant as determined by Landlord in its reasonable discretion, then Landlord shalt in writing release Tenant from the Lease upon the assumption thereof by the assignee upon terms acceptable to Landlord. The acceptance of rent from another party shall not be deemed to be a waiver by Landlord of any provision of this Lease. 22. SUBORDINATION, ATTORNMENT. This Lease shall at Landlord's sole option be subject and subordinate to all ground or underlying • leases now or hereafter executed affecting the Premises and to the lien of any mortgages or: deeds of trust in any amount now or hereafter placed on or against the Premises, without any further act by Tenant; provided, however, that so long as Tenant is not in default of any provision of the Lease, Tenant's rights and obligations under such Lease shall not be disturbed. Tenant agrees to execute without charge such instruments as may reasonably be required to evidence such subordination. In the event of the transfer of Landlord's interest herein or in the Premises, whether by forced sale, foreclosure, or otherwise, Tenant shall attom to such transferee as the Landlord hereunder, subject to the transferee honoring the provisions of the Lease. 23. QUIET ENJOYMENT. So long as Tenant pays the rent and other sums due hereunder and complies with the covenants and conditions of this Lease, Tenant's possession of the Premises shall not be disturbed by landlord, or by any party claiming by or through Landlord. 24. DEFAULT BY TENANT. The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant: any failure to pay any monetary sums due hereunder within five days after written notice to Tenant of delinquency; the abandonment or vacation of the Premises; or the failure by Tenant to observe and perform each and every provision of this Lease to be observed or performed by Tenant where such failure continues for 10 days after written notice thereof to Tenant. 24.1 REMEDIES. In the event of any default by Tenant, Landlord shall have the following remedies, in addition to any other rights and remedies available to Landlord at law or In equity: 24.1.1 CONTINUE LEASE. Landlord may maintain this Lease in full force and effect, whether or not Tenant has abandoned the Premises, and without prejudice to Landlord's right to terminate the Lease pursuant to §24.1.2, and recover all monetary sums due hereunder as they become due, in which event Landlord shall have the right to enter upon the Premises for the purpose of preserving and maintaining the same and to re -let all or part of the Premises in Landlord's name upon terms acceptable to Landlord, including the right to LEASE AGREEMENT — Grains of Montana at Grandview Marketplace - 5 remove property and persons from the Premises and to prepare the same for such re -letting, without being deemed to have terminated this Lease. Any of Tenant's personal property remaining at the Premises shall be deemed abandoned. Any income received by Landlord from such re -letting, after deducting the costs incurred by Landlord in securing the same (such as leasing commissions and alteration costs), shall be applied against the amount due hereunder by Tenant. 24.1.2 TERMINATE LEASE. Landlord may Terminate Tenant's right to possession by any lawful means, in which event this Lease shall terminate and Tenant shall immediately surrender possession of the Premises and pay to Landlord all monetary sums then due with interest, the present value (discounted at 8% per annum) of all future rents payable hereunder during the remaining term less the present value (similarly discounted) of any net amount which Tenant proves Landlord could reasonably be expected to earn from the Premises over such term (given due consideration to the probable time and costs required to re -lease the Premises, including, for example, vacancy, leasing commissions and alterations costs), any other amount necessary to compensate Landlord for loss caused by Tenant's default hereof, and such other amounts as may be permitted by applicable State Law. 24.2 NO WAIVER, COLLECTION. The failure by Landlord to exercise any rights available to it when first available shall not be deemed a waiver by Landlord of such rights. Tenant agrees to pay all costs of collection. 25. DEFAULT BY LANDLORD. If Landlord fails to cure any default of its obligations hereunder within 30 days of written notice thereof, or within such longer time as may be necessary with due diligence to cure such default, and such default results in a material infringement upon Tenant's ability to use the Premises for the purpose contemplated hereby, then Tenant may, if it Is not then in material default of the Lease, cure such default upon giving five days prior written notice of its intent to do so (separately from the initial notice of default), and Landlord shall upon demand pay to Tenant the costs reasonably incurred by Tenant in effecting such cure, not to exceed the rent payable hereunder for the period from the date of delivery of Tenant's notice of Intent to cure through the minimum fixed remainder of the then effective Lease term, provided, however, that (a) Tenant shall not be relieved of its obligation to pay without offset the rent payable hereunder as it becomes due during the full Lease term, (b) Landlord does not by this provision waive its right to contest any such claim by Tenant, and (c) Tenant shall have no lien or claim against the Premises or Facility. 26. INTEREST. Any amounts due hereunder not paid when due shall bear interest from the due date until paid at five points over the then prevailing Institutional prime lending rate. 27. ESTOPPEL CERTIFICATES. Tenant shall on not less than 15 days written notice acknowledge in writing the existence of this Lease and such other facts relative hereto as may reasonably be requested by Landlord. Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant that (a) this Lease Is In full force and effect, without modification except as may be represented by Landlord; (b) there are no uncured defaults by Landlord; and (c) not more than one month's rent has been paid in advance. 28. TRANSFER OF LANDLORD'S INTEREST. In the event of the sale or transfer of Landlord's interest herein or in the Premises, other than a transfer for security purposes only, Tenant agrees to attorn to any such transferee and Landlord shall be relieved, from and after the date of such transfer, of all liabilities and obligations accruing on the part of Landlord, subject to the assumption by the transferee of this Lease, and provided that any funds In the hands of Landlord at the time of transfer in which Tenant has an interest shall be delivered to the successor of Landlord. 29. ENTIRE AGREEMENT, CONSTRUCTION. This Lease supersedes any previous oral or written agreements and constitutes the entire agreement between Landlord and Tenant relative to the Premises and may be amended only in writing signed by both parties, and each party has entered into such agreement in reliance solely upon the contents hereof. This Lease shall be construed neutrally rather than strictly for or against either party. LEASE AGREEMENT — Grains of Montana at Grandview Marketplace - 6 30. TIME, SEVERABILITY. Time is of the essence of this Lease and each provision hereof.. If any provision of this Lease to any extent Is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby. 31. COST OF SUIT. If Tenant or Landlord shall bring any action for any relief against the other, declaratory or otherwise, arising out of this Lease, including any suit by Landlord for rent or possession, the losing party shall pay the prevailing party a reasonable sum for attorney's fees. 32. SURVIVAL, CHOICE OF LAW. Subject to the restrictions herein against assignment by Tenant, the provisions hereof shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. This Lease shall be governed by the laws of the State of Idaho. 33. NO MERGER. The voluntary or other surrender of this Lease by Tenant or a mutual cancellation thereof shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases, or may operate as an assignment to it of any or all of such subleases. 34. HOLDING OVER. If Tenant remains in possession of all or any part of the Premises after the expiration of the Lease term, with or without the express or implied consent of Landlord, such tenancy shall continue only at Landlord's will, and shall be subject to all of the terms of this Lease, provided that the Base Rent shall be 150% of the monthly Base Rent last payable during the Lease term. This provision shall not be construed as Landlord's consent to any holding over. 35. WAIVER. No covenant hereof shall be deemed waived except in writing by the waiving party. Acceptance by either party of any performance by the other after the time the same shall become due, unless cured within the applicable grace period, shall not constitute a waiver of such default. 36. FORCE MAJEURE. Any delay due to causes beyond the reasonable control of the obligated party shall excuse the performance by such party for a period of time equal to such is delay, except with respect to the payment of rent. 37. NOTICES. All notices required hereunder shall be given in writing and shall be deemed effective (a) upon delivery, if delivered in person; (b) upon transmission if delivered electronically with receipt acknowledged, (c) one business day after deposited for overnight delivery with any reputable overnight courier service; (d) two business days after deposited with the US Postal Service as registered or certified mail and addressed to the parties at the addresses set forth below, or at such other addresses as the parties may from time to time notify the other in writing; or (e) upon actual receipt. Landlord: Kimball Properties Limited Partnership PO Box 8204 Boise ID 83707 Tenant: Sanko Visions, LLC 23088 Forest Hills Loop Caldwell ID 83607 38. RECORDING. Neither this Lease nor any memorandum thereof shall be recorded without Landlord's express prior written consent. 39. FINANCIAL REVIEW. This Lease is subject to the satisfactory guarantee of Tenant's obligations under the Lease and Landlord's review and approval of Tenant's and its guarantors' financial condition. If such review and guarantee are not resolved to Landlord's satisfaction prior to commencement of construction, then Landlord may at its option terminate the Lease. 40. NOT AN OFFER. Unless signed by Landlord, this Lease Is not an offer from, and shall in no way be binding upon, Landlord unless and until executed by Landlord, whose election to execute the same shall be based upon such business criteria as Landlord in its sole discretion deems appropriate. 41. AUTHORITY, SIGNATURES. The individuals signing below on behalf of the respective parties hereto warrant that they are duly authorized to execute this Lease on behalf of said parties, and that such execution is binding upon said parties without further action or ratification. The parties acknowledge their LEASE AGREEMENT — Grains of Montana at Grandview Marketplace - 7 • intent that this Agreement and any related signature or record shall be binding whether KIMBALL PROPERTIES LIMITED PARTNERSHIP Authorl2fd Repredentativ created, transmitted or effected by traditional or electronic means. SANKO VISIONS, LLC LEASE AGREEMENT — Grains of Montana at Grandview Marketplace - 8 INTERIM EXHIBIT A 1. PREMISES. The Premises shall comprise approximately 3,400 square feet of space configured as schematically shown on Exhibit A-1. The exact Premises area shall be determined pursuant to §4.2 of Interim Exhibit B. 2. TERM. The Lease term shall commence on the earlier of March 1, 2008, or the date Tenant opens for business from the Premises, and shall expire five years from the last day of the month in which such commencement occurred. 3. BASE RENT. The monthly Base Rent payable during the first Lease Year shall be the sum of (a) $29 multiplied by the Premises area and (b) one percent of the Supplemental Improvement Cost, if any, established pursuant to §5.1 of Interim Exhibit B hereto. After the first Lease Year, the monthly Base Rent payable for each successive Lease Year during the initial term and any extension thereof pursuant to §3.1 of the Lease body shall be the monthly Base Rent payable for the preceding year Increased by three percent per year. $8,900 shall be prepaid upon the execution hereof for application against the first rents due hereunder. 4. FINAL EXHIBIT. Upon the foregoing determinations, this Interim Exhibit A shall be replaced with a final Exhibit A identifying the Premises area (in sq ft), the Lease term commencement and expiration dates, and the dollar amount of the Base Rent. KIMBALL PROPERTIES LIMITED PARTNERSHIP B cl -�� " A� --- Authorized Represen ative k4*L SANKO VISIONS, LLC ga T � W ------------------ y T ----------------- J N T ---------------- 4 4 O N ------------------ A V ill N T ------------------ j T T I 1 I I I I I I J i I I � I O I i I I i ti EXHIBIT A-1 W.H. MOORE SOME IDAHO am?07-31-07 C o M P A N Y ,a W.�191s GRAINS OF MONTANA Fax zoaa2a �� AT GRANDVIEW MARKETPLACE U YS' Rea! Estate Development I i; 41111 e ({ IXX pp i, p 99 I r rf 6 y s� • 0 INTERIM EXHIBIT B 1. IMPROVEMENTS. The respective obligations of Landlord and Tenant to prepare the Premises for occupancy are as set forth below, and each agrees to fulfill such obligations in a timely and first class manner. 2. TENANT FINANCING. This Lease is subject to Tenant obtaining financing by August 31, 2007, upon terms acceptable to Tenant. If such financing is not obtained, Tenant may terminate the Lease by giving written notice thereof to Landlord by August 31, 2007, in which event this Lease shall be deemed terminated, Landlord shall refund any security deposit and prepaid rent, and neither party shall thereafter be liable to the other hereunder. If Tenant does not timely give such notice, then such condition shall be deemed waived and this Lease shall remain in full force and effect. 3. SHELL BY LANDLORD. Landlord shall at its cost provide the f=acility and Building shell in accord with the following specifications, substantially completing the same by September 1, 2007, subject to delay from causes beyond Landlord's control, and except as noted with respect to the patio. 3.1 SITE WORK. Complete with paving, sidewalks, landscaping and trash enclosure. Common parking provided in the ratio of 7.2 stalls per 1,000 sq ft. 3.2 PATIO. Concrete slab configured approximately as shown on Exhibit A-1, subject to City of Meridian approval. Tenant may at its cost install a decorative perimeter railing or fence, an awning, and lighting, subject to Landlord's prior written approval of the design thereof. Landlord shall complete the patio within 30 days after Landlord's approval of the Tenant Improvement Plans pursuant to §4.1. 3.3 BUILDING ENVELOPE. Concrete slab on grade, insulated single -ply roofing system, concrete exterior walls with aluminum and insulated glass storefront system, with 3' wide single -acting glass entry doors and surface - mounted closers in the locations shown on Exhibit A-1, and one 3' wide rear service door as shown. Exterior walls finished and painted. Interior of exterior walls insulated to roof deck, with exposed metal stud furring over concrete to 12' height. 3.4 CEILING. Open to roof deck. 3.6 ELECTRICAL SERVICE. Main building electrical panel with 208/120v 3-phase 1,600 amp power in building electrical room, with 200 -amp meter bases (two meter bases are available for use by Tenant). 3.6 SEWER, WATER SERVICE. Sewer and overhead cold water mains stubbed to or through the Premises. Water main is 2" with 1'/" service taps. 3.7 AIR TEMPERING. Existing roof curbs in place for Tenant -provided HVAC units, with gas piping stubbed to the roof. 3.8 FIRE SPRINKLERS. Light hazard fire sprinkler system with shell heads in place for enclosed building envelope, with remotely monitored fire and sprinkler flow alarm system. 3.9 PERMITS, FEES. Includes payment of shell building permit and impact fees. Landlord warrants that all impact fees have been paid in full, and that there are no late- comer fees. 4. IMPROVEMENTS BY TENANT. Tenant shall provide all improvements (other than the shell provided pursuant to §3) necessary for Tenant's use ("Tenant Improvements"), including for example, any tenant improvement permits, tenant improvement utility connection fees, architectural and engineering costs, concrete floor cutting and patching, demising walls, interior partitions, dropped ceiling, lighting, HVAC system, fire sprinkler drops, plumbing, gas piping, grease trap, electrical wiring (including sub -panel and distribution from the main building panel), signs, window coverings, finishes, fixtures and all other improvements necessary for Tenant's use or required by applicable codes. If Tenant requires a grease trap, it shall connect to a grease trap pre- installed by Landlord, and $7,522 shall be credited against the Landlord Cost funding due pursuant to §5.2. 4.1 PLANS. Landlord shall furnish to Tenant base plans for the Building shell, and Tenant shall provide for the preparation by qualified design professionals of detailed plans and specifications ("Plans") for improvements to the Premises, completing the same within 30 days after delivery to it of the base Building EXHIBIT B — Page 1 0 plans. Landlord reserves the right of written approval of the Plans, and no work shall commence until such approval has been given. 4.2 AREA. The Premises area shall be determined from the final Plans. 4.3 CONSTRUCTION. Tenant shall provide for the construction in a good and workmanlike manner, by a contractor approved in writing by Landlord, and in compliance with the requirements of all jurisdictional authorities, of the Tenant Improvements in accord with the approved Plans and in the manner necessary to properly integrate the same with the Building shell and preserve all shell construction warranties. Tenant shall contract with Treasure Valley Fire Protection for any fire sprinkler work, Northwest Fire and Alarm for any fire alarm work, and Summit Roofing for any roofing work. Tenant shall take such steps as may reasonably be necessary to minimize construction nuisance to other tenants in the Building, keep the area in and about the Premises in a neat and clean condition, and arrange for the proper disposal of all construction waste other than by using the Facility's operating trash container. 4.3.1 EARLY START. The Building shell is ready for commencement of the Tenant Improvements work, and Tenant may commence such work prior to Landlord's completion of the shell, provided Tenant coordinates with Landlord and does not delay Landlord's work. 5. LANDLORD COST. Landlord's share of the cost of the Tenant Improvements shall be determined as follows. 5.1 DEFINED TERMS. The Tenant Improvement Cost shall be the costs reasonably incurred by Tenant in providing the Tenant Improvements. The Base Improvement Allowance is $40 per sq ft of Premises area, and the Supplemental Improvement Allowance is $30 per sq ft. The Supplemental Improvement Cost is the lesser of (a) the Supplemental Improvement Allowance or (b) the amount by which the Tenant Improvement Cost exceeds the Base Improvement Allowance. The Landlord Cost is the sum of the Base Improvement Allowance and the Supplemental Improvement Cost. Tenant acknowledges that the Base and Supplemental Improvement Allowances are not intended as an estimate of the Improvement Cost (which is dependent upon the design and specifications of the improvements and the local construction market at the time priced), and that Landlord makes no warranty that such allowances will pay for all or any given percentage of the Improvement Cost. 5.2 FUNDING. Prior to the first disbursement, Tenant shall provide Landlord with a budget outlining the total estimated Tenant Improvement Cost ("Improvement Cost Budget"). The Estimated Landlord Cost shall be calculated by applying the provisions of §5.1 to the Improvement Cost Budget. Landlord shall pay to Tenant the Estimated Landlord Cost (less deduction for any connected grease trap pursuant to §4) in installments not more often than monthly in proportion to the percentage completion of the Tenant Improvements, based on pay requests submitted by Tenant, within 15 days after receipt of each conforming pay request, subject to 10% retainage. Each request for payment shall include a summary of costs Incurred by Tenant since the date of the last pay request, together with copies of supporting invoices. The retainage shall be disbursed upon (a) completion of the Tenant Improvements, (b) issuance of the certificate of occupancy, (c) receipt by Landlord of copies of paid Invoices establishing the final Tenant Improvement Cost, (d) commencement of the Lease term, (e) receipt by Landlord of lien waivers for the Tenant Improvements, and (f) execution by Tenant of the final Exhibit A. 5.2.1 INTERIM LIEN WAIVERS. if requested by Landlord, Tenant agrees to submit with each pay request a lien waiver from each principal contractor and materials supplier, waiving all lien rights with respect to the Project through the date for which payment is being made, subject only to receipt of payment in the amount of that vendor's current pay request. Tenant shall similarly furnish master lien waivers and indemnities with each pay request, if requested. EXHIBIT B — Page 2 S. FINAL EXHIBIT. Upon completion of the Tenant Improvements, this Interim Exhibit B and E its attachments shall be replaced by reference to the approved Plans as the final Exhibit B. KIMBALL PROPERTIES LIMITED SANKO VISIONS, LLC PARTNERSHIP B a- BY 't.'. '. I'Q�— Authoriz Reprise to iv Autho ed Representative EXHIBIT B — Page 3 LEASE GUARANTY Date: August 20, 2007 I. GUARANTY. In order to induce Kimball Properties Limited Partnership ("Landlord") to enter into the Lease Agreement dated contemporaneously herewith, ("Lease") with Sanko Visions, LLC ('Tenant"), regarding premises located at 1505 S Eagle Rd, Suite 190, in Meridian, Idaho, the undersigned (jointly and severally referred to herein as "Guarantor") hereby unconditionally and irrevocably guarantees to Landlord and Landlord's successors and assigns the complete and prompt performance by Tenant of all of Tenant's obligations under the Lease, including, without limitation, payment of all rent and all other charges required to be paid thereunder, and payment of all costs, expenses and charges, Including but not limited to attorney's fees and expenses, which may arise as a result of a default by Tenant under the Lease. 2. TERM. Guarantor further covenants and agrees that: (a) this Guaranty shall remain in full force and effect through the term of the Lease and any extensions thereof and any option periods; and (b) this Guaranty shall not be terminated, modified or impaired by reason of (i) extension, modification or amendment of the Lease; (ii) action which Landlord fails to take; (iii) Landlord's waiver of or failure to enforce any rights or remedies; (iv) assignment by Tenant of Its leasehold interest; (v) the assignment by Landlord of its interest in the Lease or the sale or transfer of the leased property; or (vi) any other act or occurrence except Landlord's express written termination or modification agreement. 3. JUDGMENT. Guarantor will be conclusively bound by the judgment in any action by Landlord Sara M. San Juan - 23088 Forest Hills Loop Caldwell ID 83607 against Tenant in connection with the Lease as if Guarantor were a party to such action even If not so joined as a party. Guarantor agrees to pay reasonable attomey's fees and all other costs which may be incurred by Landlord in the enforcement of this Guaranty. 4. FINANCIAL REPORTING. Guarantor shall upon request (not more often than annually) furnish to Landlord current financial statements, including income statements and balance sheets, which Landlord may disclose to any party considering an equity or security interest in the leased premises, but which shall otherwise be treated confidentially. Guarantor warrants that any financial statements fumished to Landlord in connection with this Lease and Guaranty are true and correct. 5. LIABILITY. Each of the undersigned are jointly and severally liable hereunder, and any one or more of the undersigned may, at Landlord's option and without demand or notice, be sued separately or joined in any action or proceeding against Tenant in connection with this Lease, and recovery may be had against any one or more of the undersigned without Landlord first pursuing or exhausting any remedy or claim against Tenant or any others of the undersigned. 6. AUTHORITY. The individuals signing below on behalf of the respective parties hereto warrant that (a) they are duly authorized to execute this Guaranty on behalf of said parties, (b) such execution is binding upon said parties without further action or ratification, and (c) such parties intend that this Agreement and any related signature or record shall be binding whether created, transmitted or effected by traditional or electronic means. Diana Shimko 1219N19"'St Boise ID 83702 May 23, 2008 MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT ITEM NO. 5-C REQUEST Sanitary Sewer and Water Main Easement Agreement for Comer Marketplace No. 2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY r CITY POLICE DEPT: Nv/CITY FIRE DEPT: py ov"t" 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. q c s I � tF( it f £t E ? € ADA COUNTY,RCODQER L DAVID NAVARRO AMOUNT .00 8 BOISE IDAHO W16108 12:59 PM — 1 DEPUTY Delllelle Roulette III II�IIII'ILIIIIiIIIIII��IIIIIII III III RECORDED -REQUEST OF 10805732/2 j C IY OF I�ERDIAN SANITARY SEWER AND WATER MAIN EASEMENT St THIS INDENTURE, made this day of � 20 O$ between f //SES A A'15s ler- L ICthe parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right -of --way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby ,granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement easmt sw main THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. ss County of Ada ) On this �_ day of (YI 2066 beforeme, the andrsigned, a Notary Public in and for said State, persojWly appeared ' Ni SCAO Ir' and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. •'• NOTARY PUBLIC FOR IDAHO ' 'OPT AR y�••; Residing at c�CSQ !•� * Commission Expires: %G Sanitary Spwe"e ent easmt sw main �'••.9�TE SOF � � •••• paea ofl. GRANTEE: CITY OF MERIDIAN Of Tammy de Weerd, o 819AL Attest by Vycee Holman, City Clerk ? 9 S r� Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this Wl' day of M�UA. - .20 Or before me. the undersiened. a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ; ' 1S 0NOTARY PUBLIC FOR IDAHO ' Residing at: • Commission Expires:r� •rrrr�' Sanitary Sewer and Water Main Easement easmt sw pain 3 m FOX Land Surveys, Inc. 1515 South Shoshone St. 0 Solse, Idaho ® 83705 0 208-342-7957 A 208-342-7437 FAX DESCRIPTION FOR A SANITARY SEWER AND WATER MAIN EASEMENT (PHASE 1) A PORTION OF THE NORTHWEST % OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO A Portion of the Northwest % of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows; COMMENCING at a found Brass Cap Monument marking the Northwest comer of Section 4, from which a found Brass Cap Monument marking the North '/ Comer thereof bears South 89°49'08" East, a distance of 2,659.38 feet; 1. thence along the Westerly boundary of Section 4, South 0036'13" West, -a distance of 1116.00 feet to a point; 2. thence South 89°51'00" East, a distance of 191.14 feet to the TRUE POINT OF BEGINNING; 3. thence continuing South 89051'00" East, a distance of 20.00 feet to an angle point; 4. thence South 0009'00" West, a distance of 14.52 feet to an angle point; 5. thence South 89051'00" East, a distance of 72.21 feet to an angle point; 6. thence North 0057'07" East, a distance of 14.52 feet to an angle point; 7. thence South 8951'00" East, a distance of 8.49 feet to an angle point; 8. thence North 00009'00" East, a distance of 34.50 feet to an angle point; 9. thence South 89051'00" East, a distance of 22.98 feet to an angle point; 10.. thence South 00057'07" West, a distance of 250.27 feet to an angle point; 11. thence South 44051'00" East, a distance of 26.,81 feet to an angle point; 12. thence South 89°51'00" East, a distance of 153.16 feet to an angle point; 13. thence North 00009'00" East, a distance of 20.21 feet to an angle point; 14. thence South 89051'00" East, a distance of 20.00 feet to an angle point; 15. thence South 0009'00" West, a distance of 20.21 feet to an angle point; 16. thence South 89051'00" East, a distance of 170.98 feet to an angle point; 17. thence North 45035'16" East, a distance of 149.42 feet to an angle point; 18. thence North 0035'16" East, a distance of 153.58 feet to an angle point; 19. thence North 8951'00" West, a distance of 43.30 feet to an angle point; 20. thence South 00"09'00" West, a distance of 5.49 feet to an angle point; 21. thence North 89051'00" West, a distance of 13.50 feet to an angle point; 22. thence North 0009'00" East, a distance of 25.49 feet to an angle point; 23. thence South 89051'00" East, a distance of 57.28 feet to an angle point; 24. thence North 01 °48'53" East, a distance of 21.75 feet to an angle point; 25. thence North 11053'29" East, a distance of 31.69 feet to an angle point; 26. thence South 89051'00" East, a distance of 42.24 feet to an angle point; 27. thence South 0035'00" West, a distance of 3.89 feet to an angle point; 28. thence North 8902444" West, a distance of 22.55 feet to an angle point; 29. thence South 11 053'29" West, a distance of 30.29 feet to an angle point; 30. thence South 01 °48'53" West, a distance of 35.02 feet to an angle point; 31. thence South 0035'16" West, a distance of 95.20 feet to an angle point; 32. thence South 892444" East, a distance of 10.17 feet to an angle point; 33. thence South 00035'16" West, a distance of 20.00 feet to an angle point; 34. thence North 8902444" West, a distance of 10.17 feet to an angle point; 35. thence South 0035'16" West, a distance of 51.22 feet to an angle point; ' P 36. thence South 45035'16 West, a distance of 165.90 feet to an angle point; 37. thence North 89051'00" West, a distance of 360.62 feet to an angle point; 38. thence North 4451'00" West, a distance of 34.96 feet to an angle point; 39. thence North 8951'00" West, a distance of 22.67 feet to an angle point; 40. thence North 00009'00" East, a distance of 22.09 feet to an angle point; 41. thence South 89051'00" East, a distance of 16.83 feet to an angle point; 42. thence North 00057'07" East, a distance of 136.68 feet to an angle point; 43. thence North 8902'53" West, a distance of 11.00 feet to an angle point; 44. thence North 00057'07" East, a distance of 36.55 feet to an angle point; 45. thence North 89051'00" West, a distance of 138.89 feet to an angle point; 46. thence South 45009'00" West, a distance of 29.87 feet to an angle point; 47. thence South 00009'00" West, a distance of 14.61 feet to an angle point; 48. thence South 89'51'00" East, a distance of 11.25 feet to an angle point; 49. thence South 00000'00" West, a distance of 28.98 feet to an angle point; 50. thence North 89051'00" West, a distance of 11.32 feet to an angle point; 51. thence South 00009'00" West, a distance of 127.55 feet to an angle point; 52. thence South 4509'00" West, a distance of 27.86 feet to an angle point; 53. thence North 89051'00" West, a distance of 35.29 feet to an angle point; 54. thence North 00036'13" East, a distance of 20.00 feet to an angle point; 55. thence South 89051'00" East, a distance of 26.84 feet to an angle point; 56. thence North 45009'00" East, a distance of 11.29 feet to an angle point; 57. thence North 00009'00" East, a distance of 171.14 feet to an angle point; 58. thence North 45'09'00" East, a distance of 46.44 feet to an angle point; 59. thence South 89051'00" East, a distance of 55.26 feet to an angle point; 60. thence North 0009'00° East, a distance of 14.52 feet to the TRUE POINT OF BEGINNING. Containing 32,466 square feet, (0.745 acres) more or, less. Subject to existing easements and rights-of-way as any may exist, of record or not of record. Todd Waite, PLS 4999 END OF DESCRIPTION TJFIM W.*TROJECTSU007107-033.PRlU'ROJECrOESCRUMONSV33SSHZODESGPHI.DOC Pam 11 nt 7 6 z zd � Oo N� m� Ngo Zag =Y�n� wqd� OR. 01 Hw �o m U co A ORMAW3 —6YM Aa.SM=S- e.. ! 0e•o®a 0 City of Meridian Public Works Dept. Memo RECEWED, F9Al° x A 2608 City Of Meridian To: Mayor De Weerd & City Council City Clerk Office From: Karie Glenn CC: File Date: 5/20/2008 Re: Proposed Agenda Items for 5/27/08 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 5/27/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water for Comer Marketplace #2. Typical Sanitary Sewer and Water. Recommended Council Action: Approve the Sanitary Sewer and Water for Corner Marketplace #2 and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. • Page 1 TI � d k; ,} c. 333= ,`_ 3r F SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this �ay of May, 2008 between Prime A Investments, L.L.C., a Delaware limited liability company, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right -of --way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby, granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Meridian, ID - Sanitary Sewer & Water Main Easement THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of'no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its signature the day and year first herein above written. GRANTOR: rel -1 am- �Ct= i Prem Reddy, M.D., Manager 11 STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss On this -A.4% _ day of May, 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Prem Reddy, M.D., known or identified to me to be the Manager, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. MoNAM, MAKUL CAmmiylon f iQQ7!779 kn90 Wcoa bo"iWa l rn. Sanitary Sewer and Water Main Easement Sanitary Sewer & Water Main Easement 64 M eu �- NOTARY P LIC FOR CALIFORNIA Residing at: Commission Expires: 74tW Meridian, ID - GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By City Council On: • STATE OF IDAHO, ) : ss. County of Ada ) On this day of May, 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Sanitary Sewer and Water Main Easement Sanitary Sewer & Water Main Easement NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Meridian, ID - �J Sanitary Sewer and Water Main Easement Sanitary Sewer & Water Main Easement EXHIBIT A LEGAL DESCRIPTION 0 Meridian, ID - i� 0 FOX Land surveyso /roc. 1515 South Shoshone St. a Boise, Idaho A 83705 a 208-342-7957 a 208-342-7437 FAX DESCRIPTION FOR A SANITARY SEWER AND WATER MAIN EASEMENT (PHASE 2) A PORTION OF THE NORTHWEST'/.OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 FAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO A Portion of the Northwest'/ of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows; COMMENCING at a found Brass Cap Monument marking the Northwest comer of Section 4, from which a found Brass Cap Monument marking the North % Comer thereof bears South 89°49'08" East, a distance of 2,659.38 feet; 1. thence along the Westerly boundary of Section 4, South 00036'13" West, a distance of 1116.00 feet to a point; 2. thence South 89°51'00° East, a distance of 283.55 feet to the TRUE POINT OF BEGINNING; 3. thence North 00"57'07" East, a distance of 44.82 feet to an angle point; 4. thence North 88008'53" West, a distance of 18.85 feet to an angle point; 5. thence North 01051'07" East, a distance of 19.98 feet to an angle pointy 6. thence South 88°08'53 East, a distance of 18.52 feet to an angle point; 7. thence North 00"57'07" East, a distance of 207.53 feet to an angle point; 8. thence North 88'08'53" West, a distance of 15.26 feet to an angle point; 9. thence North 01 051'07" East, a distance of 20.00 feet to an angle point; 10. thence South 88008'53' East, a distance of 15.50 feet to an angle point; 11. thence North 01 051'07" East, a distance of 50.27 feet to an angle point; 12. thence North 88°08'53° West, a distance of 64.52 feet to an angle point; 13. thence South 01 °50'20" West, a distance of 9.00 feet to an angle point; ij £ {€ S 5p 11 g 53 14. thence North 88008'53" West, a distance of 20.00 feet to an angle point; 15. thence North 01'51'07" East, a distance of 29.00 feet to an angle point; 16. thence South 88'08'53" East, a distance of 84.52 feet to an angle point; 17. thence North 01 051'07" East, a distance of 196.13 feet to an angle point; 18. thence North 21051'07" East, a distance of 125.37 feet to an angle point; 19. thence North 88°08'53" West, a distance of 140.97 feet to an angle point; 20. thence North 01051'07" East, a distance of 21.96 feet to an angle point; 21. thence South 88008'53" East, a distance of 20.00 feet to an angle point; 22. thence South 01 51'07" West, a distance of 1.96 feet to an angle point; 23. thence South 88"08'53" East, a distance of 128.25 feet to an angle point; 24. thence North 21051'07" East, a distance of 78.18 feet to an angle point, 25. thence North 88°08'53" West, a distance of 173.07 feet to an angle point; 26. thence North 01"51'08" East, a distance of 27.35 feet to an angle point; 27. thence South 88008'53" East, a distance of 19.28 feet to an angle point; 28. thence South 01051'070 West, a distance of 7.35 feet to an angle point; 29. thence South 88908'53" East, a distance of 161.07 feet to an angle point; 30. thence North 21'51'07" East, a distance of 115.75 feet to an angle point; 31. thence North 00"10'25" West, a distance of 5.75 feet to an angle point; 32. thence North 8948'42" West, a distance of 99.58 feet to an angle point; 33. thence North 00`11'18" East, a distance of 20.00 feet to an angle point; 34. thence South 8904842" East, a distance of 99.46 feet to an angle point; 35. thence North 0010'25" West, a distance of 46.58 feet to an angle point; LAU r y 1 4 PP r E (i i = t t $S �S it 7 r�r �yi ! i �' �� st $E •� Y y. i i @ { t a t°( I•� rG aF e 0 • 36. thence North 89051'00" West, a distance of 17.71 feet to an angle point; 37. thence South 0009'00" West, a distance of 1.61 feet to an angle point; 38. thence North 8808'53" West, a distance of 11.99 feet to an angle point; 39. thence North 01051'07" East, a distance of 15.00 feet to an angle point; 40. thence South 88"08'53" East, a distance of 3.00 feet to an angle point; 41. thence North 01 051'07" East, a distance of 6.35 feet to an angle point; 42. thence South 89051'00" East, a distance of 25.95 feet to an angle point; 43. thence North 00010'25" West, a distance of 54.58 feet to an angle point; 44. thence North 87017'10" East, a distance of 27.61 feet to an angle point; 45. thence North 42°4335" East, a distance of 4.42 feet to an angle point; 46. thence South 00008'29" East, a distance of 3 1. 10 feet to an angle point; 47. thence South 89051'00" East, a distance of 16.49 feet to an angle point; 48. thence South 00009'00" West, a distance of 29.00 feet to an angle point; 49. thence North 8951'00" West, a distance of 16.34 feet to an angle point; 50. thence South 00008'29" East, a distance of 41.77 feet to an angle point; 51. thence South 88'08'53" East, a distance of 121.98 feet to an angle point; 52. thence North 01®39'31" East, a distance of 28.94 feet to an angle point; 53. thence South 88016'30" East, a distance of 29.24 feet to an angle point; 54. thence South 01 051'07" West, a distance of 20.00 feet to an angle point; 55. thence North 88008'53" West, a distance of 9.17 feet to an angle point; 56. thence South 01 39'31" West, a distance of 9.00 feet to an angle point; 57. thence South 88®08'53" East, a distance of 95.23 feet to an angle point; 58. thence South 01 °51'07" West, a distance of 31.16 feet to an angle point; til 59. thence South 88°01'47" East, a distance of 10.56 feet to an angle point; 60. thence North 01 58'13" East, a distance of 9.00 feet to an angle point; 61. thence South 88001'47" East, a distance of 20.00 feet to an angle point; 62. thence South 01'58'13" West, a distance of 29.00 feet to an angle point; 63. thence North 88001'47" West, a distance of 30.52 feet to an angle point; 64. thence South 01 °51'07" West, a distance of 108.34 feet to an angle point; 65. thence South 8800653" East, a distance of 69.50 feet to an angle point; 66. thence North 01 51'07" East, a distance of 8.00 feet to an angle point; 67. thence South 88008'53" East, a distance of 20.00 feet to an angle point; 68. thence South 01 °51'07" West, a distance of 8.00 feet to an angle point; 69. thence South 88`08'53" East, a distance of 55.21 feet to an angle point, 70. thence South 0035'00" West, a distance of 20.00 feet to an angle point; 71. thence North 8808'53" West, a distance of 14.92 feet to an angle point; 72. thence South 00035'16" West, a distance of 159.62 feet to an angle point; 73. thence South 89°25'00 East, a distance of 6.92 feet to an angle point; 74. thence South 00°35'00" West, a distance of 20.00 feet to an angle point; 75. thence North 89025'00" West, a distance of 6.93 feet to an angle point; 76. thence South 00035'16" West, a distance of 93.60 feet to an angle point, 77. thence South 01"51'08" West, a distance of 150.82 feet to an angle point; 78. thence South 892444" East, a distance of 8.41 feet to an angle point; 79. thence South 0035'16" West, a distance of 20.00 feet to an angle point; 80. thence North 8902444" West, a distance of 8.85 feet to an angle point; 81. thence South 01 °51'08" West, a distance of 29.20 feet to an angle point; 82. thence South 01 27'31" West, a distance of 158.26 feet to an angle point; 83. thence South 89°2444" East, a distance of 21.78 feet to an angle point; 84. thence South 00035'00" West, a distance of 26.11 feet to an angle point; 85. thence North 89051'00" West, a distance of 42.24 feet to an angle point; 66. thence North 11 053'29" East, a distance of 0.28 feet to an angle point; 87. thence North 01 °27'31" East, a distance of 77.16 feet to an angle point; 88. thence North 88032'29" West, a distance of 81.67 feet to an angle point; 89. thence South 01"27'31" West, a distance of 9.07 feet to an angle point; 90. thence North 8800853" West, a distance of 20.13 feet to an angle point; 91. thence North 01 °51'07" East, a distance of 28.93 feet to an angle point; 92. thence South 8803229" East, a distance of 101.60 feet to an angle point; 93. thence North 01 027'31" East, a distance of 73.32 feet to an angle point; 94. thence North 89'51'00" West, a distance of 44.75 fleet to an angle point; 95. thence North 00009'00" East, a distance of 24.50 feet to an angle point; 96. thence South 89*51'00" East, a distance of 20.00 feet to an angle point; 97. thence South 00'09'00" West, a distance of 4.50 feet to an angle point; 98. thence South 89051'00" East, a distance of 25.25 feet to an angle point; 99. thence North 01 °51'08" East, a distance of 156.64 feet to an angle point; 100. thence North 89051'00" West, a distance of 27.35 feet to an angle point; 101. thence South 00009'00" West, a distance of 4.50 feet to an angle point; 102. thence North 89051'00" West, a distance of 17.80 feet to an angle point; 103. thence North 01051'07" East, a distance of 24.51 feet to an angle point,, 0 0 104. thence South 89051'00" East, a distance of 45.02 feet to an angle point; 105. thence North 01 °51'08" East, a distance of 17.53 feet to an angle point; 106. thence North 00°35'16" East, a distance of 5.78 feet to an angle point; 107. thence North 89°51'00" West, a distance of 21.67 feet to an angle point; 108. thence North 00°09'00" East, a distance of 29.00 feet to an angle point; 109. thence South 8951'00" East, a distance of 21.89 feet to an angle point; 110. thence North 00"35'16" East, a distance of 149.12 feet to an angle point; 111. thence North 89051'00" West, a distance of 22.46 feet to an angle point; 112. thence North 00009'00" East, a distance of 29.00 feet to an angle point; 113. thence South 8951'00" East, a distance of 22.68 feet to an angle point; 114. thence North 00'35'16" East, a distance of 60.54 feet to an angle point; 115. thence North 88"08'53" West, a distance of 130.23 feet to an angle point; 116. thence North 01051'07" East, a distance of 147.50 feet to an angle point; 117. thence North 88"08'53" West, a distance of 95.50 feet to an angle point; 118. thence South 01051'07" West, a distance of 10.50 feet to an angle point; 119. thence North 88"08'53" West, a distance of 20.00 feet to an angle point; 120. thence North 01 "51'07" East, a distance of 10.50 feet to an angle point; 121. thence North 88"08'53" West, a distance of 100.59 feet to an angle point; 122. thence South 00008'29" East, a distance of 27.42 feet to an angle point; 123. thence South 21 "51'07" West, a distance of 305.08 feet to an angle point; 124. thence South 35"56'02" East, a distance of 26.70 feet to an angle point; 125. thence South 88"08'53" East, a distance of 168.98 feet to an angle point; 0 • 126. thence North 01 °51'07" East, a distance of 8.96 feet to an angle point; 127. thence South 88'08'53" East, a distance of 20.00 feet to an angle point; 128. thence South 0151'07" West, a distance of 28.96 feet to an angle point; 129. thence North 88008'53" West, a distance of 220.30 feet to an angle point; 130. thence South 21051'07" West, a distance of 9.64 feet to an angle point; 131. thence South 01'51'07" West, a distance of 235.75 feet to an angle point; 132. thence South 88"08'53" East, a distance of 203.50 feet to an angle point; 133. thence South 01 51'07" West, a distance of 52.52 feet to an angle point; 134. thence North 8808'53" West, a distance of 20.00 feet to an angle point; 135. thence North 01 51'07" East, a distance of 32.52 feet to an angle point; 136. thence North 88008'53" West, a distance of 183.50 feet to an angle point; 137. thence South 0151'07" West, a distance of 103.49 feet to an angle point; 138. thence South 00057'07" West, a distance of 95.72 feet to an angle point; 139. thence South 88001'47" East, a distance of 13.52 feet to an angle point; 140. thence South 01 "58'13" West, a distance of 29.00 feet to an angle point; 141. thence North 8801'47" West, a distance of 13.01 feet to an angle point; 142. thence South 00057'07" West, a distance of 33.69 feet to an angle point; 143. thence North 89°51'00" West, a distance of 22.98 feet to an angle point; 144. thence South 00009'00" West, a distance of 34.50 feet to an angle point; 145. thence North 89°51'00" West, a distance of 8.49 to the TRUE POINT OF BEGINNING. Containing 89,904 square feet (2.063 acres) more or less. TOGETHER WITH: i i s. x kk y t 5x ♦♦ { ( l FIs • {s ; � � � �`� � � i � � 7,x]]7 , {j {} i r3 jl {, vk A Portion of the Northwest f4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows; COMMENCING at a found Brass Cap Monument marking the Northwest comer of Section 4, from which a found Brass Cap Monument marking the North Y4 Comer thereof bears South 89'49'08" East, a distance of 2,659.38 feet; 146. thence along the Westerly boundary of Section 4, South 00036'13° West, a distance of 1116.00 feet to a point; 147. thence South 89051'00" East, a distance of 191.14 feet to the TRUE POINT OF BEGINNING; 148. thence North 00009'00" East, a distance of 8.87 feet to an angle point; 149. thence South 89°51'00" East, a distance of 20.00 feet to an angle point; 150. thence South 00°09'00' West, a distance of 8.87 feet to an angle point; 151. thence North 89°51'00" West, a distance of 20.00 feet to the TRUE POINT OF BEGINNING; Containing 177 square feet (0.004 acres) more or less. Subject to existing easements and rights-of-way as any may exist, of record or not of record. Todd Waite, PLS 4999 END OF DESCRIPTION TJF:taj W.-XPROJECTS1 OOM7-033. PR APROJEC MESCRIP170NS%733SSH20DGSC-PH2. 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NyyWmVommp8pommmwwptlpppo= I ampp8Wµ I gmmpp0 W�p1�(sj��� m�po'�W �v ��No-g�"OEac.4mp"pdNy-mYtp+'pi+8Fi;8�YpiYletN55MSo� n1 �11�4 ��S•44?� LC WE9�9RW I JI$9�4`'w!':4�Y`•t�RW I m Z Z Z Z Z N Z tr m m Y 2 0 m m Z �Y N tp `Z W m 2 mQ 9 fp 2 �d-�'$aws�$s��ayg_ m Y N m 2 N y Z _� Z Z m g- 2 Z m tp m 1A 2 Z N WIM-11 0�� ad-��N$7 Q1 -,1,! :; Ss"� � Y 7 { y q 9 Y Y Y y l Y 'y•Y l 9 $ 9 elll� rs 4 s 9If ggg�mgmmggmgmmgmm.mmmg;mmmmjmgmmmm N 0 c nm E oca Oo y 0000 3SOX n ,+NZm n� m i Z m O � K = �A 5 mA y C D -I $ T x >D� ya�0 Z n � om°m 9 ffi z!c a m m OU) p 2 Z p N • 0 May 23, 2008 AAI 07-011 MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Kastera Development, LLC ITEM NO. 5-D REQUEST Addendum to Development Agreement — Request for a MI Application to modify DA to address new neighborhood center plan & conversion of existing Caven home into civic/social hall for Cavanaugh — SWC of Meridian & Victory AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Development Agreement 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: WA ne Farre Date: 5-23 Phone: 93q.Szt.S Emailed: cow%Staff Initials: Materials prese d at public meetings shall become properly of the City of Meridian. s f x !4 2 i - a f ..i. q } g } ' {# s y tt w x i tt 2 • 0 Mayor Tammy de Weerd E City Council Members: IIDIANc' � Keith Bird f SAY 0 � 2008 Joe Borton I 60) Charles Rountree David Zaremba April 30, 2008 Wayne Forrey Kasterra Development 15711 State Hwy 15 Boise, ID 83714 rn&oc 'S *6 aeCLAW agY��n�""IVED Re: Addendum to Development Agreement — Cavanaugh MI 07-011 Dear Mr. Forey, MAY 2 � 2008 CAY Of 11/1eiidia`g City Clerk Dike Enclosed please find the original Addendum to the Development Agreement for Cavanaugh, which is ready for your review and signatures of the appropriate parties. Please sign where indicated and return to the City of Meridian City Clerk's Office for placement on the next available City Council Agenda for approval. Please call me if you have any questions at 208-888-4433 Sincerely, Tara Green Deputy City Clerk enc. f 8 j A t t F $j ppg� y ADA COUNTY RECORDN& DAVID NAVARRO AMOUNT .00 15 • BOISE IDAHO 601IM8AM RECORDEDcREQUEST OF ili Iillilllllllllllllllllllllllll l 111 City of Meridien 19S(65'58 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Kastera Development, LLC, Developer 3. DBSI Tanana Valley, LLC, Owner This Addendum to the Development Agreement ("Addendum") is made and entered into this IQ" day of ri10. 2008, by and between CITY OF MERIDIAN, a municipal corporation of th State of Idaho, hereinafter called "CITY', and Kastera Development, LLC, whose address is 15711 State Highway 55, Boise, Idaho 83714, hereinafter called "DEVELOPER" and DBSI Tanana Valley, LLC, whose address is 15711 State Highway, Boise, Idaho 83714, hereinafter called "OWNER". RECITALS A. CITY, DBSI Tanana Valley LLC as "Owner" and Kastera Development LLC as "Developer", agree to be bound by the terms of the original Development Agreement (instrument # 106151214), approved on September 21, 2006 on the land described in Exhibit "A", (the Property") except for the wording as specifically contained within items: 1.4; 3.2; 3.3; 3.4; 4.1; 5.1.6; 5.1.7; 5.1.11; 5.1.15; 5.1.16 and 16. B. CITY and OWNER and DEVELOPER desire to amend the original Development Agreement (instrument #106151214) in accordance with the terms in this Addendum, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67- 6511A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER and/or DEVELOPER shall be bound by the terms of the Original Development Agreement, except as hereby amended: 1.4 - That item 1.4 of the Original Development Agreement be amended by modifying the sentence to read: "WHEREAS, "Developer" has submitted an application for Conditional Use Permit and rezoning ofportions of the Property described in Exhibit B, and has requested a designation (TN -C) Traditional Neighborhood Commercial District, and (C -11g Neighborhood Business District (Municipal Code of the City of Meridian); ADDENDUM TO DEVELOPMENT AGREEMENT (MI -07-011 CAVANAUGH) PAGE 1 OF 7 I.:IIIi4 il;l II# I �� I F I` I I 11 IIt INS 3.2 - That item 3.2 of the Original Development Agreement, be amended by modifying the sentence to read: "DEVELOPER ": means and refers to Kastera Development LLC whose address is 15711 State Highway 55, Boise, Idaho 83714, the party developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.3 - That Item 3.3 of the Original Development Agreement, be amended by modifying the sentence to read: "OWNER ": means and refers to DBS[ Tanana Valley LLC whose address is 15711 State Highway 55, Boise, Idaho 83714, the party that owns said "Property" and shall include any subsequent owners) of the "Property ". 3.4 - That item 3.4 of the Original Development Agreement, be amended by modifying the sentence to read: "PROPERTf": means and refers to that certain parcels) of "Property" located in the County ofAda, City ofMeridian as described in ExhibitA describing all parcels to be annexed and zoned including the parcel described in Exhibit B to be rezoned TN -C (Traditional Neighborhood Commercial), and the two parcels described in Exhibit C to be rezoned C N (Neighborhood Business District), such exhibits being attached hereto and by this reference incorporated herein. 4.1 - That item 4.1 of the Original Development Agreement, be amended by modifying the sentence to read: Application for a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development to the C N and 77V -C zones and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this application. 5.1.6 - That item 5.1.6 of the Original Development Agreement, be amended by modifying the sentence to read: Matfuture uses within the TN -C and C Nareas will comply with the schedule of use for the 7NV-C and C N zone in effect at the time of building permit submittal; that a retail grocery store shall be allowed in the C -N zonedproperty at the west end of the neighborhood center; that prior to issuance of any building permit within the 77V -C and C -N zoning area, a re- subdivision of the 77V -C or C N lot be recorded, and that with the re -subdivision application, the applicant agrees to submit elevations for approval by the City Council; and that the construction of any subsequent structure(s) in this area shall be generally compatible in appearance and bulk with the Council approved pictures/elevations. 5.1.7 - That Item 5. 1.7 of the Original Development Agreement, be amended by modifying the sentence to read. That the applicant agrees to buffer the 77V -C and C N areas where they abut residential zoning as shown on the modified Preliminary Plat which is Exhibit D attached hereto and by this reference incorporated herein. ADDENDUM TO DEVELOPMENT AGREEMENT (MI -07-011 CAVANAUGH) PAGE 2 OF 7 • 0 5. 1.11 - That Item 5. 1.11 of the Original Development Agreement, be amended by modifying the sentence to read: That public street access will be allowed to Victory Road, as approved byACHD, direct residential or individual commercial lot access to Victory Road shall be prohibited. 5.1.14 - That Item 5.1.14 of the Original Development Agreement, be amended by modifying the sentence to read: That a maximum of 443 single-family residential lots,1 multi family residential lot to contain up to 32 apartment units, 8 residential lots to contain up to a total of 61 future condominium units, and 4 mixed-use lots consisting of commercial/retail on the first floor with 12 residential lofts on the secondfloor loor shall be platted on this property. A summary table is shown in Exhibit E attached hereto, which is a summary of all residential living units at Cavanaugh. 5.1.15 - That Item 5.1.15 of the Original Development Agreement, be amended by modifying the sentence to read: That the applicant agrees to provide commercial design, building massing and construction materials for this development as proposed during the Kastera Development public hearings. 5.1.16 - That the following be added as a new Item 5.1.16 to the Original Development Agreement: Attached hereto as Exhibit F and by this reference incorporated herein, is the Developers proposed Phasing Plan for the Property. The City is aware that Owner is planning to transfer ownership of the property that makes up Phases 4 — 8 of the subdivision to another legal entity or entities. Both Owner and Developer acknowledge and understand that a conveyance of property that has not been legally subdivided will require, before a building permit can be obtained to make improvements to the property so conveyed, a re- assembly of the parcels as they existed before they were conveyed, or obtainment of final plat approval for any parcel so conveyed consistent with the terms of this Development Agreement and the preliminary plat. The property so conveyed and the owner or owners of such conveyed property shall be bound by the terms of this Development Agreement. Owner agrees to retain ownership of the Caven home (Lot 1, Block 34) and will not convey the home as part of any transfer of Phases 4 — 8 of the subdivision. 16 - That Item 16 of the Original Development Agreement be amended by modifying the mailing address of the Developer and Owner to read: DEVELOPER: Kastera Development LLC Attn: Var Reeve 15711 State Highway 55 Boise, Idaho 83714 ADDENDUM TO DEVELOPMENT AGREEMENT (MI -07-011 CAVANAUGH) PAGE 3 OF 7 n�i OWNER: DBSI Tanana Valley LLC Attn: Var Reeve 15711 State Highway 55 Boise, Idaho 83714 2. That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owner and/or Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This second addendum shall be binding on the Owners of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner or Developer, to execute appropriate and recordable evidence of termination of this addendum if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Addendum. 4. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner and/or Developer and City relative to the subject matter hereon, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, � no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI -07-011 CAVANAUGH) PAGE 4 OF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER KASTERA DEVELOPMENT, LLC BY: OWNER DBSI TANANA VALLEY, LLC BY: CITY OF MERIDIAN BY: t,,,0t1Xq,or�T de Weerd OF ''- Attest:o s s _ s 8EAL Jaycee holman, City Clerk 11111#11 oil ADDENDUM TO DEVELOPMENT AGREEMENT (MI -07-011 CAVANAUGH) PAGE 5 OF 7 STATE OF IDAHO ) ss: County of Ada, ) On this 17, day of 2008, before me, the undersigned, a Notary Public in and for said State, perso appeared V PI- JZ 664 0' , known or identified to me to be the ?gzsS-vrfwT of KASTERA DEVELOPMENT, LLC, and the person who executed this agreement, and acknowledged to me that he executed the same on behalf of said corporation IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yjORI ' rtificate first above written. (SEAL) +OTAJtk rasL1c ovO 4 STATE OF IDAHO ) ss: County of Ada, ) Public for Idaho Residing at: o)".. My Commission Expires: !I On this /- day of -Y)Q"V -1 )Q" 2008, before me, the undersigned, a Notary Public in and for said State, rsonagy appeared 06 -Swa"Msc- , known or identified to me to be the C vw P "fir of DBSI TANANA VALLEY, LLC, and the person who executed this agreement, and acknowledged to me that he executed the same on behalf of said corporation IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL ���°� ��°� ( ) z �a per, DLG &0000000600 m" q a `aea� z ®T &' "� (w"' Notary Public f Idaho Residing at:� i - My Commission Expires: /D 0 ADDENDUM TO DEVELOPMENT AGREEMENT (MI -07-011 CAVANAUGH) PAGE 6 OF 7 0 STATE OF IDAHO ) • ss County of Ada ) On this 2 day of m 200K before me, a Notary Public, personally appeared Tammy de Weerd Ind Jaycee Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 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'k � 94 AUG 2 ?MI OMWInAm.O%Lla $**;4w*#opft aa"� tmeww-mawoptift :�}%� » i\§� \�» !. :«� � \\ƒ \> :, . `/\\ \� �,. ds� i\ «f4}«� « ,t<»< w: ..�}��. !/ w: \\� ƒ/\\\\»�2d\!\d? % © \\ »1!� � ƒ\ƒ 2 \} d� \\� \\ / ! \\ \� .� wE/}\ /� \\� . .:. \\� (� /\ (� /� }\ \� \2 � {«> �\/i{;\<i J� y[� � %}%/«« � � \���� \�}yam /\CCS/�\�\\\��. ,»,i v a J<$ j \?\ \ � ��� �� � � �/� t\t \� �°� \\\\ ���� -�� �\ ƒ$\tddl/22 ��� �:y «}\ s:� >«\ /\� \ � �\�� \ ytJ \\� � ��� $\\ \: {\� //\� /`~� w }\ . : \\ �� � � \ �� - «r\\�� % }� �\ i�� / \\� �� � \ \} ƒ� \��� \� . \��� � {\ƒ !&� ƒ» « «i«,av:�� 6\�� \ \� i \ \ \ /]\. 0 ism m co 41, Ix < J,�l I 1,C 4 J, ism m co May 23, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Agreement for Independ for Water Division Facility Phase 2 for 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: May 27, 2008 ITEM NO. SP -E Contractor Services with K2 Construction COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. T 0 MAYOR TAMMY DE WEERD COUNCIL MEMBERS DIAN^ CHARLES M.ROUNTREE JOE BORTON KEITH BIRD DAVID ZAREMBA Purchasing Department AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES PURCHASING AGENT KEITH WATTS 33 East Idaho Meridian, ID 83842 (208)888-0433 Fax (208) 887-4813 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this '-Z-733i day of MAY , 2008, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and K2 Construction, Inc, hereinafter referred to as "CONTRACTOR", whose business address is 8555 W. Hackamore Dr., Suite 200, Boise. ID 83709 and whose Public Works Contractor License # is 10700 -AA -1-2-3. INTRODUCTION Whereas, the City has a need for services to construct the City of Meridian Water Division Phase 2 project. WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: ■i TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide. services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a time and Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon work. This Agreement shall terminate automatically on the occurrence of (a) u • bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 4.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. A 0 • 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed .an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability U insurance, in which the CITY shall be named an additional insured in the U �� minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, 6iability One Milli Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or • 0 subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds.; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds.: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 �► o K2 Construction, Inc. Attn: Mark Kreizenbeck 8555 W. Hackamore Dr, Suite 200 Boise, I:D 83709 Idaho Public Works License #:10700 -AA -1-2-3 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys, fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in.connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shalt permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: I.n performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between. the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. 1lfi�r€f�!gl•1` !'t,(', :ig�at.l :#' F i.±# #.t °°t;; t;il�1 t tl sy { {p 0 CITY OF MERIDIAN 0 CONTRACTOR Approved by Council:- 07/-;g '7/0CA,_ Attest: fV1'Fr JAYC E L. HOLMAN, CI C, C F2 AL 7 T ism. �wNT7 Approved as to Content BY: KEITT4 S, PU HASING AGENT Dated. 2 ct - C) A Approved as to Form BY: CITY ATTORNEY Dated: Department Approval BY:�. NAME: CI;At ThoJ TITLE: AmfjAq C\ty EAV98.r Dated: s f ZB�os? 11 Attachment A SCOPE OF WORK To provide all equipment, labor, tools and materials required to construct all improvements for the City of Meridian Water Division Phase 2 — Parking Facilities as shown on the plans prepared by Civil Survey Consultants, Inc. The work shall include construction of a 9,888 square foot pre-engineered post framed vehicle parking structure; storm drain facilities; a potable water system flush line and structure; hot plant mix asphalt parking area; landscaping complete with irrigation system; and miscellaneous site work. e • Attachment B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed TASK DESCRIPTION DATE AMOUNT Furnish all labor, materials, equipment, Schedule A incidentals, and prepare and implement a $ 439,989.00 project SWPPP as required to construct 0726 c Water Division Phase 2 — Parking Facilities, Schedule B including furnishing all labor, materials, $ 28,676.00 equipment, and incidentals as required to install electrical motor operators on all overhead vehicle doors. TOTAL (Schedule A and Schedule B) $ 468,665.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. • • JF Memo To: Jaycee Holman; Tara Green From: Max Jensen, Engineering Technician jensenmQa meridiancity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Clint Dolsby, P.E., Interim City Engineer Rids Clinton, Water Division Superintendent Date: 5/22/2008 Re: Proposed Agenda Item for May 27, 2008 City Council Meeting MAY 2220 Of Wle)niadai Citi The Public Works Department respectfully requests the following item be placed on the May27, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Water Division Facility, Phase 2 (Construction) Attached is a project Bid Tabulation and an Agreement For Independent Contractor Services with K2 Construction for the construction of the Water Division Facility, Phase 2 project Stock Construction was the low bidder but did not list their subcontractors as required per State of Idaho Statute #67-2310. The project includes construction of a 9,888 square foot pre- engineered post framed vehicle parking structure; storm drain facilities; a potable water system flush line and structure; hot plant mix asphalt parking area; landscaping complete with irrigation system; and miscellaneous site work. The Agreement is for $468,665.00. Recommended Council Action: The Public Works Department recommends that City Council approves the Agreement For Independent Contractor Services with K2 Construction for the construction of the Water Division Facility, Phase 2 project. Thank you for your consideration. I will send originals for signature after your consideration. Please contact me W you have any questions. • Page 1 MAYOR PURCHASING AGENT TAMMY DE WEERD E IDIAN � KEITH WATTS COUNCIL MEMBERS CHARLES M. ROUNTREE 33 East Idaho JOE BORTON Meridian, ID 83642 KEITH BIRD (208) 888-4433 DAVID ZAREMBA Fax (208) 887-4813 Purchasing Department AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 2'73 day of . MA- , 2008, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and K2 Construction, Inc, hereinafter referred to as "CONTRACTOR", whose business address is 8555 W. Hackamore Dr., Suite 200, Boise. ID 83709 and whose Public Works Contractor License # is 10700 -AA -1-2-3. INTRODUCTION Whereas, the City has a need for services to construct the City of Meridian Water Division Phase 2 project. WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a 0 • royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide. services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a time and Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon work. This Agreement shall terminate automatically on the occurrence of (a) 0 i bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 4.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 0 . 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed .an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts follow: General Liability One Million Dollarsjti u �� as ($1,000,000) per incident or occurrence, PrafassieR 1 60ability GRe Millienll Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 K2 Construction, Inc. Attn: Mark Kreizenbeck 8555 W. Hackamore Dr, Suite 200 Boise, ID 83709 Idaho Public Works License #:10700 -AA -1-2-3 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attomeys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available IN III DICE 1 1111 to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between. the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. • CITY OF MERIDIAN � ]�. �0� B � s TAM WEERD, MA Dated: S -30-09 0 CONTRACTOR Dated: S -/z -z/o Approved by Council:_ Attest: ``�.�1 OF 4 41��',�. JAYC E L. HOLMAN, CITY C F AL 7 r lat. QP Approved as to Content BY: KEITS, LPU H -AS ING AGENT Dated:_ 5- act- C) 8 Approved as to Form Dated: N CITY ATTORNEY Department Approval BY:- Q5&� NAME:_ CIiAt Wssb j TITLE:_ACAJAg GtV EAq:A0Qr Dated: s1-L116V • 0 Attachment A SCOPE OF WORK To provide all equipment, labor, tools and materials required to construct all improvements for the City of Meridian Water Division Phase 2 — Parking Facilities as shown on the plans prepared by Civil Survey Consultants, Inc. The work shall include construction of a 9,888 square foot pre-engineered post framed vehicle parking structure; storm drain facilities; a potable water system flush line and structure; hot plant mix asphalt parking area; landscaping complete with irrigation system; and miscellaneous site work. 0 0 Attachment B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed TASK DESCRIPTION DATE AMOUNT Furnish all labor, materials, equipment, Schedule A incidentals, and prepare and implement a $ 439,989.00 project SWPPP as required to construct 0726 c Water Division Phase 2 — Parking Facilities, Schedule B including furnishing all labor, materials, $ 28,676.00 equipment, and incidentals as required to install electrical motor operators on all overhead vehicle doors. TOTAL (schedule A and schedule B) $ 468,665.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. May 23, 2008 MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT ITEM NO. 5-F REQUEST Agreement for Extension with Billing Document Services (BDS) for Billing Services and Remote Deposits AGENCY COMMENTS CITY CLERK: See attached i CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT. CITY FIRE DEPT. CITY BUILDING DEPT: ' u 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. RIM MI NGDDCUMENTSPECIALISTS April 28, 2008 City of Meridian Shellie Gallagher 33 East Idaho Ave Meridian, ID 83642 Re: 2008-2009 Budget pricing It is that time of year again and we are happy to be able to let you know that BIDS will be able to continue to hold the increase cost for your statement processing to a minimum this year. This year we will see yet another postage increase effective May 12, 2008, and to keep things interesting the first class presorted rates will again increased at a different rate than standard first class mail which increased $.01 we are told -that the pre-sorted rates will range from -$.01 to $.014. The postage rates for the City have been at $.32 as an average, so for budgeting purposes we believe that the $.015, including postage, forms and processing increases, in the formula below will be accurate for the next year. 2008 Custom Est. 2008 Net Monthly Est. Mo. Unit Price Forms Postage Total Est. Increase Qty. Increase Statements 0.180 0.025 0.330 0.535 0.015 23523 $352.85 Disconnect Notices 0.205 n/a 0.385 0.590 0.015 1859 $27.89 We have a few hints that may help cut down on the postage costs. BIDS can combine like names and address or just like addresses so that they are mailed in the same envelope. Up to four statements can be combined before it exceeds the 1 oz. weight, seven statements will fit in the envelope for, currently, an additional $.17 in postage. Over seven statements are pulled to a "manual file" which is inserted into a large flat envelope. If you are not currently using this service, a phone call will set it up at no additional cost. NOCA Link, which is a process that searches for any "bad address" or moved and left forwarding addresses with the postal service. The file is corrected and bad addresses are ii Bose BlLL1NBDOCVNENT SPfCIA[ISTS pulled to a "manual file" and a report is put on the web site for the client to access and no statement with a bad address is mailed. The fee is $.25 per corrected address. E Statements are another service that can be considered. If you are not currently doing E Statements it can save you substantial postage. BDS would provide the City a branded, secure, link that your customers would use to register on line. After the email address is "confirmed" and we process statements, your customers will receive an email that their new statements are available to view on line. For those "must notify" inserts that usually are included in .the mailing process, we have designed the login to have a "pop-up" pdf so that when your customer logs on to view their statements they will automatically see the notification. All you have to do is put the pdf in the proper tab on the BDS Admin Web Site. After the set up fees of $1500.00 the cost for all of this service is $ .25 per Statement sent via email plus a $.01 per statement processed web posting fee and a $50.00 per month maintenance fee. NEW SERVICES.: Payment_ Solutions: Master Card, Discover and American Express have just released the "Revenue Neutral" option to City government agencies. What this means to the City is that they can now take credit card payments either on line or over the counter and the customer will be charged the "fees" at 4% of the total payment. The funds deposited to the City will be the amount due and the fees will go to the processor. BDS can provide this service with or without the import files to upload to the City accounts receivables. Remote Deposits: BDS has expanded the Remote Deposit Services. A check scanner is used to capture the image of the checks received and they are sent electronically to the processor for deposit to the City bank account next day. There are basic web based programs with lease packages available that would include the hardware and merchant fees based on average monthly usage where BDS does not provide import files and web access that requires little or no set up. Our FULL SERVICE package includes import files and updated data to the BDS Admin Web Site. If you have any questions or would like more information please give us a call. We are always working to be able to provide full service for your billing and payment solutions. eos�� BlU/N6000UMENT SPfCIA[ISTS By signing below the Client will accept the extension of the statement processing for the next fiscal year October 1, 2008 to September 30, 2009 at the unit pricing proposed in this notice. At the end of this period, the agreement may be renewed with reviews by both parties. The agreement may be terminated by either party with 120 day written notice. The signatures below indicate acceptance of the agreement. Acceptance for: Client Signature Date --Please-Type or Print Authorizing Party Name 1 Acceptance for: Billing Document Specialists Signature Date 04-28-08_ Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Agent CC: Tara Green, Shellie Gallagher Date: 5/22/08 Re: May 27 City Council Meeting Agenda Item MAY ?, City Of Meriaimn City Clerk Office The Purchasing Department respectfully requests that the following item be placed on the May 27 City Council Consent Agenda for Council's consideration. _Approval of Agreement Extension Billing Document Services for Billing Services and Remote Deposits. Recommended Council Action: Approval of Agreement Extension for the Not - To -Exceed amount of the Bid Award of $174,100.60 for the 2008-2009 fiscal year, and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration • Page 1 BIUINSSOCUMENT SpEnw STS April 28, 2008 City of Meridian Shellie Gallagher 33 East Idaho Ave Meridian, ID 83642 Re: 2008-2009 Budget pricing It is that time of year again and we are happy to be able to let you know that BDS will be able to continue to hold the increase cost for your statement processing to a minimum this year. This year we will see yet another postage increase effective May 12, 2008, and to keep things interesting the first class presorted rates will again increased at a different rate than standard first class mail which increased $.01 we are told that the pre-sorted rates will range from $.01 to $.014. The postage rates for the City have been at $.32 as an average, so for budgeting purposes we believe that the $.015, including postage, forms and processing increases, in the formula below will be accurate for the next year. 2008 Custom Est. 2008 Net Monthly Est. Mo. Emit Price Forms Postage Total Est. Increase Qty. Increase Statements 0.180 0.025 0.330 0.535 0.015 23523 $352.85 Disconnect Notices 0.205 n/a 0.385 0.590 0.015 1859 $27.89 We have a few hints that may help cut down on the postage costs. BDS can combine like names and address or just like addresses so that they are mailed in the same envelope. Up to four statements can be combined before it exceeds the 1 oz. weight, seven statements will fit in the envelope for, currently, an additional $.17 in postage. Over seven statements are pulled to a "manual file" which is inserted into a large flat envelope. If you are not currently using this service, a phone call will set it up at no additional cost NOCA Link, which is a process that searches for any "bad address" or moved and left forwarding addresses with the postal service. The file is corrected and bad addresses are i HDSM B/U /No DOCUMEWSPfC/41/STS pulled to a "manual file" and a report is put on the web site for the client to access and no statement with a bad address is mailed. The fee is $.25 per corrected address. E Statements are another service that can be considered. If you are not currently doing E Statements it can save you substantial postage. BDS would provide the City a branded, secure, link that your customers would use to register on line. After the email address is "confirmed" and we process statements, your customers will receive an email that their new statements are available to view on line. For those "must notify" inserts that usually are included in the mailing process, we have designed the login to have a "pop-up" pdf so that when your customer logs on to view their statements they will automatically see the notification. All you have to do is put the pdf in the proper tab on the BDS Admin Web Site. After the set up fees of $1500.00 the cost for all of this service is $ .25 per Statement sent via email plus a $.01 per statement processed web posting fee and a $50.00 per month maintenance fee. NEW SERVICES: Payment Solutions: Master Card, Discover and American Express have just released the "Revenue Neutral" option to City government agencies. What this means to the City is that they can now take credit card payments either on line or over the counter and the customer will be charged the "fees" at 4% of the total payment. The funds deposited to the City will be the amount due and the fees will go to the processor. BDS can provide this service with or without the import files to upload to the City accounts receivables. Remote Deposits: BDS has expanded the Remote Deposit Services. A check scanner is used to capture the image of the checks received and they are sent electronically to the processor for deposit to the City bank account next day. There are basic web based programs with lease packages available that would include the hardware and merchant fees based on average monthly usage where BDS does not provide import files and web access that requires little or no set up. Our FULL SERVICE package includes Import files and updated data to the BDS Admin Web Site. If you have any questions or would like more information please give us a call. We are always working to be able to provide full service for your billing and payment solutions. Lit 3 ' a S� _. i r 4 13 i d } } ; $$ CS33 iT� y b k HILLIN609CHMENT SMIARSTS By signing below the Client will accept the extension of the statement processing for the next fiscal year October 1, 2008 to September 30, 2009 at the unit pricing proposed in this notice. At the end of this period, the agreement may be renewed with reviews by both parties. The agreement may be terminated by either party with 120 day written notice. The signatures below indicate acceptance of the agreement. Acceptance for: Client Signature Date Please Type or Print Authorizing Party Name Acceptance for: Billing Document Specialists Date 0428-08 �i i Acceptance for: Billing Document Specialists Date 0428-08 May 23, 2008 MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT ITEM NO. 6 REQUEST Annual Assessment with Assessor McQuade AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 5/ • I Meridian City Primary Roll Assessment Notice Summk6y 2 7 2008 5/22/2008 2008 2007 City Total t1 Total via 5/27/2008 2007-08 % Change (oreliminarvl actual Total Meridian City Market Value 8,339,831,100 7,838,001,6801 6.40% Total Meridian City Taxable Valuel 6,327,496,438 6,089,938,836 3.90% (taxable value excludes HOE and urban renewal) Urban Renewal Area Breakout Meridian MDC1 138,892,9001 116,205,6801 19.52% Residential Market Value Residential Parcel Count (Residential includes manufactured Homes) kesidential 6,210,631,900 6,056,615,700 2.540/c 29,5551 28,1991 4.810% Commercial Market Valuel 1,990,306,300 Commercial Parcel Countl 3,989 (Commercial includes Personal Property) New Construction Comparison of Previous Year NevA Constructior Residential New Residential Couni Commercial New Commercial Couni New Subs/Change Status % value increase of existing residentia improved properties % value increase for existinc commercial improved properties 1,665,180,3001 19.52% 3.8671 3.15% 409,725,009 679,756,216 -39.72% 169,843,966 329,981,886 48.53% 1,098 2,044 -46.28% 134,849,600 95,296,730 41.50% 151 158 -4.43% 105,031,443 254,477,600 -58.73% (2007 NCR does not include value from UR areas) Increase Estimates -3.2% average 13.1% average -2.8% median 12.7% median 10.7% average 11.3% average 6.0% median 7.7% median 2007 Residential Property Tax Burden 64.12% Commercial Property Tax Burden 1 35.88% (UR, Operating Property & Sub Roll Included in calculation) Assessment Notices Assessment Notice Mailing Date 5/24/2008 5/31/2007 33,5441 32,066 May 23, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Mayor's Office ITEM NO. 7-A-1 REQUEST Presentation from the Mayor's Youth Advisory Council AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: ^ n 1 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. d May 23, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Mayor's Office ITEM NO. 7-A-2 REQUEST Resolution: Appointment of Youth Member to Parks & Recreation Commission AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Resolution CITY POLICE DEPT: CITY FIRE DEPT: pr CITY BUILDING DEPT: 1 CITY WATER DEPT: 10 CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 11 Tara Green From: Emily Kane Sent: Friday, May 23, 2008 11:06 AM To: Tara Green Cc: Jaycee Holman; Robert Simison Subject: Reso for Parks Commission Appointment Follow Up Flag: Follow up Flag Status: Green Attachments: Reso Appointing Ashley Williams to Seat 9.doc Here is the resolution to appoint Ashley Williams to Seat 9 of the MPR Commission. Thanks! Emily Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-5506 Fax: 208-884-8723 E-mail: kanee@meridiancity.org 5/23/2008 Page 1 of 1 a f t �i r 0 CITY OF MERIDIAN BY THE CITY COUNCIL: C� RESOLUTION NO. LQf- BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING A COMMISSIONER TO SEAT 9 OF THE PARKS AND RECREATION COMMISSION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the term of service for Seat 9 of the Meridian Parks and Recreation Commission will expire on May 31, thereby creating a vacancy in such seat; and WHEREAS, the City Council of the City of Meridian deems the appointment of Ashley Williams to Seat 9 to be in the best interest of the Meridian Parks and Recreation Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-2-1(B)(1), Ashley Williams is hereby appointed to Seat 9 of the Meridian Parks and Recreation Commission, for a term to expire on May 31, 2009. Section 2. That this Resolution shall be in full force and effect on June 1, 2008. ADOPTED by the City Council of the City of Meridian, Idaho, this Z l day of 2008. ts- APPROVED by the Mayor of the City of Meridian, Idaho, this 7-1 day of �9 2008. APPROVED: ATTEST: Lo J City Clerk 'Mayor T e Weerd s (SEAL) 811A arc RESOLUTION APPOINTING ASHLEY WILLIAMS TO SEAT 9, MPR COMMISSION Page 1 of 1 i & a VV f • May 23,2W8 Department Reports MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Public Works Department ITEM NO. 7-B-1 REQUEST Budget Amendment for Construction Project Manager AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: ^ CITY ATTORNEY CITY 41`� 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. t F is R F is —10! ijd , °� Page 1 of 1 Tara Green From: Thomas Bary Sent: Thursday, May 22, 2008 3:21 PM To: Bill Nary; Tammy de Weerd; Charlie Rountree Cc: Tara Green; Clint Dolsby; Ted Baird Subject: May 27th Council Meeting Follow Up Flag: Follow up Flag Status: Green Attachments: Const Project Manager Job Description - FINAL DRAFT - 05-21-08.doc; County Subdivisions Issues - 05-27-08 Council Meeting.doc Public Works would like to add the following items to the May 27th Council Agenda: Under PW Dept Reports: 1) Budget Amendment: Construction Project Manager (the amendment was already presented two weeks ago so can we be sure it is included again in the packet? Also, I have attached the job description per the Council's request — please included this in the Agenda Packet also). 2) Annexation and Utility Services for County Subdivisions: General Discussion We may also have an Exec Session item under 1(b) — (although this may be withdrawn). Thanks, Tom 5/23/2008 r $ r 0' Rk 1p • CITY OF MERIDIAN JOB DESCRIPTION Job Title: Construction Project Manager Date Last Revised: 5/21/08 Department: Public Works Reports To: Assistant City Engineer Job Summary: This position will plan, coordinate, direct and oversee a wide variety of citywide capital construction projects, services and activities. In addition to supervising technical construction work and preparing and administering project budgets, plans, schedules, and design specifications for single or multi - phased capital improvement projects, the position will also provide construction -related oversight services ensuring projects are coordinated and completed within schedule and budget while adhering to local, state and federal standards, environmental and construction safety guidelines, and best management practices. Essential Duties & Responsibilities: • Coordinates and manages the design and construction of public works and park projects including street, water and wastewater system improvements, storm drainage facilities, park facilities, and buildings through the use of consultants, contractors and City staff; • Performs construction document and engineering plan reviews to assure compliance with City codes, plans, ordinances, and engineering and construction practices and standards; • Develops specifications and cost estimates for contract work to be performed on City construction projects and administering associated construction contracts; • Coordinates and prepares construction schedules and tracks work performed to ensure timely completion; • Tracks the project budgets and manages the change order process; • Coordinates the work of contractors and consultants; • Inspects construction in progress and upon completion to verify compliance with contract conditions, specifications, codes and timelines and to authorize payment; • Communicates with contractors regarding concerns and issues related to contract specifications, materials, costs, safety, and timelines; • Coordinates activities with Local, State, and Federal Agencies; • Verifies appropriate permits are obtained from ACHD, ITD, IDWR, ACOS, EPA, etc, and insures requirements of permits are met; • Positively interacts with City Council and staff, contractors, businesses, public agencies, citizens and other jurisdictions to exchange information, coordinate projects, and resolve issues and concerns; • Develops and evaluates RFQs, RFPs, SOW, and PS&E, coordinates and submits NOIs and NOTs and issues Notices to Proceed and Notices to Suspend Work in conjunction with the Purchasing Agent • Reviews and SWPP Plans • Conducts preconstruction and bid opening meetings • Coordinates construction surveying efforts when appropriate • Coordinates Requests for Information, and negotiates Change Orders, and Requests for Changes on behalf of the City • Coordinates and directs project inspection efforts to ensure compliance with plans and specifications including required project submittals and materials testing • Oversees record drawing process to ensure accuracy and timely submittals Page 1 of 3 • Proactively manages projects to avoid or resolve issues between different parties and contract participants • Coordinates Public Outreach • Performs other duties as assigned. Other Duties and Responsibilities: • Reviews operating budgets for adequate contract funding • Remains current on construction laws, rules, and regulations. • Reviews construction documents and processes to ensure conformity with policies and procedures. • Implements changes to improve work flow. • Insures use of proper record keeping methods and procedures. Essential Qualifications: • High School Diploma and at least two (2) years of college or technical training (bachelors degree preferred), with specialization in subjects related to the field of civil engineering, landscape architecture, or construction management; • Five (5) years experience in construction management; • Knowledge of contract administration and negotiation techniques; • Ability to read and interpret plans, contracts and specifications; • Experience managing construction contracts. • Knowledge of computerized project management software and spreadsheets; • Ability to anticipate and resolve construction problems and mitigate the City's cost; • Ability to balance the City's interest with that of the contractor; • Good knowledge of practices and materials used in the construction of public works projects; • Knowledge in the fundamentals of civil engineering, estimating practices and survey methods; • Ability to plan, coordinate, direct and oversee the work of consultants, contractors, inspection, clerical and other personnel; • Ability to keep accurate detailed written records and communicate clearly and concisely; • Ability to develop and maintain an effective, cooperative, professional and positive working relationship with co-workers, contractors, outside agencies and the general public; • Ability to work effectively with numerous projects, simultaneously and under time constraints; • Must know and understand safety procedures including confined space entry; • Good knowledge of water and sanitary sewer related pipe, fittings, and appurtenances; • Substantial knowledge of construction plans and profiles; • Integrity in the performance of assigned tasks. Other Position Qualification: • May be cross -trained in other Public Works or Parks areas as needed; Licensing/Certification: • Must hold a valid State of Idaho Driver's License and a safe driving record. Work Environment & Physical Demands: • The noise level often in the work environment is sometimes loud; • Intermittently requires driving a motor vehicle. Page 2 of 3 0 0 • Occasionally requires lifting and moving up to 50 pounds and occasionally lifts and/or moves objects weighing more. • Must be capable of walking, climbing, and bending without undo strain; • Willingness to work outdoors year-round in prevailing weather conditions and hazardous conditions, including traffic. Travel Requirements: • Drives a City motor vehicle to other city sites. Interpersonal Skills: • Team Player; • Communicate with others; • Integrity; • Show respect to fellow employees and customers. • Diplomacy; Disclaimer: Must perform the essential duties and responsibilities with or without reasonable accommodation efficiently and accurately without causing a significant safety threat to self or others. The above statements are intended to describe the general nature and level of work being performed by employees assigned to this classification. They are not intended to be construed as an exhaustive list of all responsibilities, duties and/or skill required of all personnel so classified. This job description is not an employment agreement and/or an expressed or implied employment contract. Management has the exclusive right to alter this job description at any time without notice. To comply with the Americans Disability Act (ADA), the City may make reasonable accommodation for qualified individuals with disabilities to enable them to perform the essential job functions. This is an accurate description of the essential functions of my position. Employee Approvals: Direct Supervisor/Manager Management (next level) Page 3 of 3 Date Date Date If{ $a 4i£ }1 Y �#x ( i 4r _ t tx y d g tl C O U 2 N C U Z LU 0 E GW z LUW W Q. Z C u m t�me� 6 0 c m oc EO >, C C ~ 'O 0 y 0 4D $ c`a aci .CU G y ;a w � U m m O atom Ca ca N mp.n� m my:.C;f0 c N m O C O m a y n m N CL m M E -a o.. 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CJ V o Z uiui OLU Ci O 0 co V H 0 O V o N C7 > > E ERt CR o'er c6 c0 :�[ LL c g m —0o o V Qc E Cw I+ CID M mw M a)25- C) JE; (D m 3 m o m mcL U �EMM �� N C Q r� U p > H m O O` = C O. m Off. cc m c m O c m g c O N m C N m � c m N c E LL- C: c E 1O a m U U (D m M w N .9 f` V O) ' N � c o o m E a a 42) m Q U ®N l6 C U► O O. w >+ m LL 1 0 > > E ERt CR o'er c6 c0 :�[ LL c g m —0o o V Qc E Cw I+ CID M mw M a)25- C) JE; (D m 3 m o m mcL U �EMM �� N C Q r� U p > H m O O` = C O. m Off. cc m c m O c m g c O N m C N m � c m N c E LL- C: c E 1O a m U U M N W to ®N mtl C r 40 r H Z uiui OLU Ci O o N e a O O ~ ti 0 Co loll 0 ll I I I- > > E ERt CR o'er c6 c0 :�[ LL c g m —0o o V Qc E Cw I+ CID M mw M a)25- C) JE; (D m 3 m o m mcL U �EMM �� N C Q r� U p > H m O O` = C O. m Off. cc m c m O c m g c O N m C N m � c m N c E LL- C: c E 1O a m U U May 23, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Public Works Department ITEM NO. 7-B-2 REQUEST Discussion on Annexation and Utility Services for County Subdivisions AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: LD 1 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. To: Jaycee Holman, Tara Green From: Clint Dolsby, P.E., Acting City Engineer CC: Thomas Barry, Public Works Director Date: 05/22/2008 Re: Proposed Agenda Item for May 27, 2008 City Council Meeting MAY 2 � 2oo8 C; tY Of Meridhar, City Clerk Office The Public Works Department respectfully requests the following item be placed on the May 27 City Council agenda, under department reports, for Council's consideration: County Developments Located in the Impact Area Reguesting Services Several County Developments within the City of Meridian's impact area have approached the Public Works Department requesting water and sewer services. Issues that are related to them connecting to City services include: • Annexation • Funding sources for infrastructure improvements • Fee waiver requests • Existing infrastructure analysis for integrity • Fire flow requirements • Single point of services connection viability • Consent orders from DEQ for contamination of the County subdivision's water system. The Public Works Department is seeking direction from Council with regard to the approach for County Developments that wish to connect to City services. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 kik k ;dpt 411 4; vr 2 A4 Al 9" May 23, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Purchasing Department ITEM NO. 7-C-1 REQUEST Change Order No. 3 with Suncoast DBA B&B Steel Erectors, Inc. for Meridian City Hall Phase 3 for a Not to Exceed Amount of $17,085.05 i AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR:. CITY ATTORNEY CITY POLICE DEPT: CITY ProVC FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: t ADA COUNTY HIGHWAY DISTRICT: e SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: 4 OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented of public meetings shall become property of the City of Meridian i �Ih t e t 4 Q s2 1. fir, i°42 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 03 PROJECT NO. CH -06-001 DATE: 05/08/08 EFFECTIVE DATE: CONTRACTOR: SUNCOAST dba B&B STEEL ERECTORS PROJECT: MERIDIAN CITY HALL - Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASId35 Loading Dock ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order. Additional of loading dock. Scope of work to project Attachments: Change order items description, dated 4128/08, with contractor quotes. PCO#3 dated 4128/08 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $73,265.000 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. - to 02 No._ to — (calendar days) $2,945.13 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $76,210.13 8/28/2008 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. 33 (calendar days or date) $17, 0$5.05 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: t (calendar days) $93,295.18 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION ER ACCEPTED: (CONTRACTOR) Petra Inc. Suncoast dba B&B Steel Erectors By: Thomas R Co N! By. Todd Bloom Date: ! G & Date: .511 (0 a i APPRO D: (dry PURC ING AgtNT) COUNCIL APPROVAL / CG�/t.(Z �-- By: Keith Watts G Date: '457– t' t� O ,t��1t�tlrrlq//q� Date: APPROVED: (Cf1Y) '• "/J,� ATTEST: 4 By: Mayor Tammy de Weerd By City Cleric, Jaycee an= *`T_ Date: Date: HpI 7 s qx i 33 PP r t t e: Q t E . - • MAY i 0 2008 3 City Of Meridian City Clerk Office Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann Date: 5/20/08 Re: May 27 City Council Department Report The Purchasing Department respectfully requests that the following item be placed on the May 27 City Council Agenda under Department Report. B&B Steel Erectors Inc. Change Order #3 Additional work per Architect's Supplemental Instructions "ASI #35 Loading Dock. All work under this Change Order #3 will be completed pursuant to the existing Ornamental Metal Fabrications contract dated July 17, 2007. Recommended Council Action: Approve Change Order #3 to B&B Steel Erectors, Inc. for a Not -To -Exceed amount of $17,085.05, authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 0 PROPOSED CHANGE ORDER kl%V No. 00003 323-4500 BOISE, IDAHO RCE -1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI#35 DATE: 4/28/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Todd Bloom CONTRACT NO: 17 Suncrest Corp DBA B&B Steel Erectors P.O. Box 5735 Boise, ID 83705 Phone: 208-342-0695 Fax: 208-343-4157 RE: To: DESCRIPTION OF PROPOSAL **All taxes are included in costs** Item Description 00001 ASI#35- Loading Dock, Screenwall & Ramp (0011#02): furnish and install trash enclosure gates, bollards, ramp and stair railing. B&B quote 4123/08 APPROVAL: By: Date: sr//L Expc&tian From: Number: Quantity Units Unit Price Tax Rate Tax Amount Net Amount 1.000 LS $17,085.05 0.000/0 $0.00 $17,085.05 Unit Cost: $17,085.05 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Narkup: $0.00 Total: $17,085.05 By: &%w` mcrest Corp DBA B&B Steel Erecto Lombard Conrad Architects Date: M 1 !0 iob Date: S slots MERIDIAN CITY HALL PROJECT NO: CH -06-M SUNCOAST dba B&B STEEL ERECTORS - Phase 3 (17) 04/28/08 CHANGE ORDER NO 3 CHANGE ORDER ITEMS 1 ASI 35 Loading Dock, Screenwall & Ramp (COFM2) $ 17,085.05 Fumish and install trash enclosure gates, bollards, ramp and stair railing B&B quote 4/23/08 $ 17,085.05 Page 1 of 1 174/ X / 117171 1 15: Jb "0444410 "60 .5l CtL tl�li I r'm%= 171 / oz B&B ERE RS Vuiiding the West Since 1977' 4:0 CHANGE ORDER PROPOSAL W/o R DATE: April 23, 2008 TO: petra Incorporated Attn: Tom Coughlin PROJECT: Meridian City Hall, Meridian, Idaho SUBJECT: ASI #36 — Loading Dock Railings. Gates, Bollards, Etc. Provide labor, equipment, hoisting and supplies to install the following Items In accordarm with the AISC Coda of Standard Practice and the plans and specifications prepared by Lombard - Conrad Architects dated 7/21/07. INCLUDES: Fabricate and install guardrails and handrails for concrete ramp and stairs by loading Fabricate 6 bollards DumpstIT guide angles, Trash gates with associated hardware. This prig Includes core drilling for railing systems on . EXCLUSIONS: Install of embedded items, Light gauge metal framing and all related attachments, Touch-up painting, Nonferrous metals, Loose steel lintels, Use taxes on materials provided by others. Installation Labor = 97 Hours x $45.00/Hr. _ $4,365.00 Supplies = Fuel, Grout, etc. = $ 105.00 Equipment = Forklift, Welder = $ 350.00 Mobilization = $ 225.00 Steel = See attached Quote = $10,746.00 Mark-up 415% of Labor and Supplies ($5,045) _ $ 756.75 5% of Fab[icated Steel (810.746) _ $ 537.30 TOTAL CHANGE ORDER PRICE: $17,085.05 Submitted By: CIJWV14&-r�od A. Bloom Vice President V} t A •3}, Y it � ji� S z Yp t �•. z =Fi ;., ....� .` ii.:'€. i'#d. a, 4.�d � {i "1 ':. �. .� ;.: ra� i x .1, .: �^� a'-.' 1�., �, 4-t 04/23/2008 15:36 2083434 B&B STEEL. ERECT* YAC*: 02/02 Apr 18 2008 8:31RH Mountain Steel Fab. 208 344 6168 P•2 A rWCLtox48"-AA-4(M6Q) 722 F-Awmi Bored.PA: 2094"4166a abdcRcz4m 11 CHANGE ORDER Projt Meridian City ftu n ASI" Custo"M Date Es#inwie # Palm Incorporated 1097 N'. Romio Piave lt�eridian, Idaho 83642 14/18/Z008 2378 D�pt�On City Tsui &WW0*(6)•d"pip boffu& pd=4 (4)2"x21xai'6" guide l 1%74600 wahmp 107 BMW fen oaf pipe aab an vd& wall mount b mdko% 10 ll� yg � ft*ofpcd mount hudmd 58 limes ftd of suwd rail, (3) T 6" bw9p1aW embeds veldt tt bw ams for Saveen wW gates, (2) Sot of4' r x s low Sasso waU gees, sUV 4mwbgpo corng for railim aU ma W px d and dellvmd to,j"ie. lbmlios wW BMW= sisal, t rebeG OPWW. ffib h paint, powder come& m ok Bid good for 30 days Todd: $10,746,00 yg � y3 s� � 0 0 May 23, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Purchasing Department ITEM NO. 7-i-2 REQUEST Change Order No. 3 with MJ's Backhoe & Excavation, Inc for Meridian City Hall Phase 2 for a Not to Exceed Amount of $35,204.00 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 6 � CITY OF .MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE- ORDER CONTRACTOR: MXS BACKHOE PROJECT: MERIDIAN CITY HALL'- Phase 2 Core & Shell • CHANGE ORDER NO. 03 PROJECT NO. CH -06-001 DATE; 5-06-08 EFFECTIVE DATE: The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions to ASI#35-Loading Dock, Removal & Replacement of Unsuitable Material. in South Parking Lot, Furnish & Install Irrigation Box. ALL OTHER TERMS AND CONDITIONS - .REMAIN THE SAME. Reason for Change Order: Additional scope of revisions per listed ASI, Unsuitable Material and Irrigation,lBox Attachments: Change Order Items Description, dated 4/29108, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 61.0,314:00 Original Contract Times: Substantial Completion 8/28108 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 02 �. $207,534.80 No._ to — (calendar days) � t: None Contract Price Prior to this Change 00rder� Contract Times prior to this Change Order. $81 %,848.80 i (calendar days or date) 6/28/2008 Net Increase of this Change Order. ; • Net Increase (decrease) of this Change Order. $35,2Q4.00 1 (�endar days or date) :None Contract Price with all Approved Change tiers: Contract Times with all Approved Change Orders: $853,052.80 (calendar days) Substantial Completion 8/28/2008 .RECOMMENDED: (CONSTRUCTION GE ACCEPTED: (CONTRACTOR) Petra Inc. By: Thomas R. Cou hli MJ's Backhoe By: Tyler Crofts— Date:®��a� e- Date: APPROVED: (CITY PURCHA ING A ENT) COUNCIL APPROVAL � ► / �. ccs - CL By: Keith Watts tt�►tlttnUt I$ Date: S, ' b , O Q Date:�,`.� of APPROVED: (C� ' ' By: Mayor Tammy de Weerd ATTEST* By: City Clerk, Jaycee olman 8 Date: Date: `s z t • Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann Date: 5/20/08 Re: May 27 City Council Department Report MAY 2 6 2008 C,ity Of Meridian Cid Clerk Office The Purchasing Department respectfully requests that the following item be placed on the May 27 City Council Agenda under Department Report. MJ's Backhoe and Excavation. Inc Chance Order #3 Additional work per Architect's Supplemental Instructions "ASI #35 Loading Dock All work under this Change Order #3 will be completed pursuant to the existing Sitework contract dated May 8, 2007. Recommended Council Action: Approve Change Order #3 to MJ's Backhoe & Excavation, Inc. for a Not -To -Exceed amount of $35,204.00, authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 ANNIL PROPOSED CHANGE ORDER k"It No. 00003 323-4500 BOISE, IDAHO RCE -1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI#35 & Unsuitable Material DATE: 4/28/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Mike Apostolou CONTRACT NO: 3 MTs Backhoe 6679 S. Supply Way Boise, ID 83716 Phone: 208-433-0933 Fax: 208-433-0935 RE: To: From: Number: DESCRIPTION OF PROPOSAL **All taxes are included in costs** Item Description Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 ASI#35-Loading dodo, Screewall & Ramp 1.000 Ls $4,231.00 0.00% $0.00 $4,231.00 (ODR#02): excavate & baddill for footing & walls at dock, trash enclosure & walls. MIs change order request #11, dated 4/18/08 00002 Install Irrigation weir box at west side of project. 1.000 LS This box was previously deleted from the stype of work prior to bid and then not as part of the work done pre-bid. MYs change order request #12, dated 4/22/08 00003 Overexcavate, haul -off and import new material for 1.000 Ls the south parking lot and the seepage beds. MPs change order request #12, dated 4/22/08 APPROVAL: By: — Date: Expedition 1 /jj �W $2,796.00 0.000/0 $28,177.00 0.000/0 $0.00 $2,796.00 $0.00 $28,177.00 Unit Cosi $35,204.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $35,204.00 Lombqrd pnrad Architects Date: 5 p ib E MERIDIAN CITY HALL PROJECT NO: CH -06-001 MJ'S BACKHOE & EXCAVATION - Phase 2 (03) CHANGE ORDER NO 3 CHANGE ORDER ITEMS ASI 35, Unsuitable Material & Irrigation Box 1 ASI 35 Loading Dock, Screen Wall & Ramp (COR#02) Excavate & backfill for footing & walls at dock, trash eneclosure & walls MJ's change order request #11, dated 4/18/08 2 Install Irrigation weir box at west side of project. This box was previously deleted from the supe of work prior to bid and then not as part of the work done pre-bid. MJ's change order request #12, dated 4/22/08 3 Overexcavate, haul -off and import new material for the south parking lot and the seepage beds. MJ's change order request #12, dated 4/22/08 Page 1 of 1 4,231.00 2,796.00 28,177.00 e 04/29/08 35,204.00 May 23, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Purchasing Department ITEM NO. 7-C-3 REQUEST Change Order No. 1 with TTE-Pre-Com for Meridian City Hall Phase 3 for a Not to Exceed Reduction of -$29,687.37 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY O�T vd\� CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. E a ¢ ii fi < #pp s 3 �i ' ` g i aA CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 01 PROJECT NO. CH4H0-001 DATE: COMM EFFECTIVE DATE: CONTRACTOR: TTE-PRECOM PROJECT, MERIDIAN CITY HALL - Phase 3 Tenant Improvement The Contractor is huff directed to make the following changes from the Contract Documents and Plans. Description: Incorporate nwbdons per ASI 75, RFI 82, arid PR 01 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Ori Additional scope or revisions per listen! ASI. RFI, and PR Attachments: Change order items description, dated 4MV8, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Prig $219,000.00 Original Contract Times; Substantial Completion 1128M Net changes form previous Change Orders Net changes form previous Change Orders No. -to - No.—to _ (wiendardays) $0.00 Nos Contract Price Prior to this Change Order: Contract Times prior to this Change Order (Wer5dar days ordate) $219,000.00 8128PZ008 Net Increase (decrease) of this Change Omer Net Increase (decrease) of this Change Order. (calerderdep or date) ($29,687.37) None Contract Price with all Approved Change Off: Contract Titres with all Approved Change Orders: $188,312.63 (C8WtdWdqP) Substantial Completion =40008 RECOMMENDED: (CONSTRUCTIONGER) ACCEPTED: (CONTRACTOR) Petra Inc. TTE-Pham By: Thotnea R In Date: eY/Zy %r Nic AAstleford ` Date: C$ / Z % — APPROVED: (CnY COUNCIL APPROVAL By: Keith Watts Dale: Date: J _ —(-7-'0t3 '5� t`tttt!1mni///,,,'' APPROVED: (C17'Y) G By. 113y: �'d Mayor Tammy de Weerd City Clark, Date: Date' V -I($ ' a Holrp�uh x t r g� pq ¢¢$ f y ",$ 9 Meo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann Date: 5/22/08 Re: May 27 City Council Department Report MAY 2 Clerk Of Bee, The Purchasing Department respectfully requests that the following item be placed on the May 27 City Council Agenda under Department Report. TTE-PreCom Change Order #1 Additional work per Architect's Supplemental Instructions "ASI #75, RFI#62 & PR#01. All work under this Change Order #1 will be completed pursuant to the existing Ornamental Metal Fabrications contract dated October 23, 2007. Recommended Council Action: Approve Change Order #1 to TTE-PreCom for a Not -To -Exceed reduction of -$29,687.37, authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 IF r pv(( § ¢j i }j � k i CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER 0 CHANGE ORDER NO. 01 PROJECT NO. CH -06-001 DATE: 04108/08 EFFECTIVE DATE: CONTRACTOR: TTE-PRECOM PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI 75, RFI 82, and PR 01 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME Reason for Change Order: Additional scope or revisions per listed ASI, RFI, and PR Attachments: Change order items description, dated 4/8/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $219,000.00 Original Contract Times: Substantial Completion 8/2808 Net changes form previous Change Orders Net changes form previous Change Orders No. -to - No._ to _ (calendar days) $0.00 None Contract Prig Prior to this Change Order. Contract Times prior to this Change Order. (calendar days or date) $219, 000.00 8/28MOOB Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days or date) ($29,687.37) Norte Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (caleralar days) $185,312.63 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTIONGER) ACCEPTED: (CONTRACTOR) Petra Inc. TTE-Precom By: Thomas R ugh4n Date: L�/Zy By: Nic Astleford Date: a $ t APPROVED: (CrrY PUWNA COUNCIL APPROVAL By. Keith Watt Date: — 2 O _ Z) A Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: r A' , r$ r r# � fl t t iw e PROPOSED CHANGE ORDER No. 00001 323-4500 BOISE, IDAHO RCE -1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & RFI Pricing DATE: 3/21/2008 PR03ECT: Meridian City Hall 3OB: 060675 TO: Attn: Nic Astleford CONTRACT NO: 36 TTE-PreCom 710 S Orchard St. Boise, ID 83705 Phone: 344-3660 Fax: 344-0095 RE: To., DESCRIPTION OF PROPOSAL **Ail taxes are Included in casts** Item Description 00001 RFI#62 Reduce data cable qty (COR#1)- Reduce data cable quantity at each (4) Cat -6A drop location m (2) CAT -6A drops per RFI#62. This deduct Is based on the drawings as of 12/19/07 depicting the current cable tray routes. Changes In the cable tray routing could effect pricing. PRECOM quote 12/19/07 00002 ASI#75 Added Data Drops (COR#3)- Install 40 additional Cat 5E plenum cables from the data room on Firs 1,2, & 3. Cable to be unterminated for future use. PRECOM quote 3/21/08 00003 PR#01 Mayors Suite Revisions. PRECOM quote 3/21 APPROVAL: By: 9 Date: EspedWon From: Number: Quantity Units Unit Price Tax Rate Taut Amount Net Amount 1.000 Ls ($40,727.37) 0.000/0 $0.00 ($40,727.37) 1.000 LS $11,040.00 0.00% $0.00 $11,040.00 1.000 1S $0.00 0.000/0 $0.00 $0.00 Unit Cost: ($29,687.37) Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: ($29,687.37) By. Sr. 4AX ak4m�m TiE-PreCom Lombard rad Architects Date: 4( Z Q —pa Date: S 1,N 0 0 MERIDIAN CITY HALL PROJECT NO: CH -06-M PreCom - Phase 3 (36) 04/21/08 CHANGE ORDER NO 1 CHANGE ORDER ITEMS 1 RFI 62 Reduce Data Cable Qty (COFM1) (40,727.37) Reduce data cable quantity at each (4) Cat -6A drop location to (2) CAT -6A drops per RFI -062. This deduct is based on the drawings as of 12/19/08 depicting the current cable tray routes. Changes in the cable tray routing could effect pricing. PRECOM Quote 12/19107 2 ASI 75 Added Data Drops (COR#03) 11,040.00 Install 40 additional Cat 5E p4enum cables from the data room on Firs 1,2 & 3. Cable to be unterminated for future use. PRECOM quote 3121/08 3 PR 01 Mayors Suite Revisions PRECOM quote 3121 Page 1 of 1 0.00 - (29,687.37) • - r. PRS com �'RECI stON t:t]MMUNILATIDN� �V CHANGE ORDER (CREDIT) PROJECT NAME: ' Meridian CityH$II �, Q 002 DATE: 12-19-07 N 11F I PRECOM JOB NO: 4863 t CHANGE ORDER NO: CONTACT: CUSTOMER: ADDRESS: PHONE: 1 Adam Johnson Petra Incorporated 1097 N. Rosario Street Meridian, ID 83704 208-023-4500 The following changes are hereby authortzed by the'above referenced client and are subject to all tefms and conditions of the original scoM of wofk agreement DESCRIPTION OF CHANGES: Reduce cable quantity at each (4) CAT -6A drop location to (2) CAT -6A drops at each location as requested in RFI # 00062. This Is a deductive change order based on most current drawings depicting current cable tray routes. Price could change due to changes In cable tray routes. TOTAL OF CHANGE ORDER: (40,727.37) SUBCONTRACTOR OR VENDOR AGREES TO MAKE THE HEREIN DESCRIBED CHANGES IN ACCORDANCE WITH THE TERMS OF THE ORIGINAL SCOPE OF WORK AGREEMENT. CLIENT APPROVAL: SIGNATURE Barry L Williams ACCEPTED BY DATE 12-19-07 DATE RCE -1280 PRECOM, INC. PHONE (208) 344 -WW 710 S. Orden! Street FAX (208) 344-0095 BOISE, IDAHO WM hft@PreoDm-it.com 11F I t $ a j t a Hid VU r ' 41' a # Ill :if 4.'-4 . 3'.i ° E i a a i ! 2>.t •.� .: 'e .,_: r. 4PRE" CO, lyow munioaklon Solution — �1 P p C 1 S -113N C O M M U N I C A 7 1 A""- 6 CHANGE ORDER PROJECT NAME: DATE: PRECOM QUOTE NO: ASI NO: CONTACT: CUSTOMER: ADDRESS: PHONE: Meridian City Hall 3-21-08 1845 75 Jon Anderson Petra Incorporated 1097 N. Rosario Street Meridian, ID.83704 208323-0500 The following changes are hereby authorized by the above referenced client and are subject to all terms and conditlons of the original &*pe of work agreement. DESCRIPTION OF CHANGES: Install (40) additional CAT -6e 4 -pr. plenum cables from each data room on floors 1, 2 & 3 and leave un terminated for a total o (120) cables. jf; S ► TOTAL OF CHANGE ORDER: $11,040.00 AA440 LABOR: $2,790.00 MATERIALS: $8,250.00 SUBCONTRACTOR OR VENDOR AGREES TO MAKE THE HEREIN DESCRIBED CHANGES IN ACCORDANCE WITH THE TERMS OF THE ORIGINAL SCOPE OF WORK AGREEMENT. CLIENT APPROVAL: Preconl: NAME (Print) SIGNATURE Nicholas Astleford ACCEPTED BY DATE 3-21-08 DATE PRECOM, INC. _ RCE -1260 710 S. Orchard Street PHONE Com) 344-36M BOISE, IDAHO 83705 FAX (206) 344-0095 W0@Prewm-Inc can May 23, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Purchasing Department ITEM NO. 7-C-4 REQUEST Change Order No. 1 With American Wallcover, Inc. for Meridian City Hall for a Not to Exceed Amount of $7,665.30 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached r ff ix i t c s (+ _ 3 •C pt _ � d • � • � { x ] ,.. � 1 i } . 5 j$j� ' yyg�'-0 f3: E 5 5 E € i ' } } ( , : v a S.� , i , / .i 4.; •, z} r� §. Ay y €.r. 0 Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann Date: 5/22/08 Re: May 27 City Council Department Report 0 MAY 2 2 2908 dOf Meridian i4tyClerk Oce The Purchasing Department respectfully requests that the following item be placed on the May 27 City Council Agenda under Department Report. American Wallcover, Inc. Chance Order #1 Additional work per Architect's Supplemental Instructions "ASI #32, 36 and RFI #43. All work under this Change Order #1 will be completed pursuant to the existing Drywall, Fire Proofing *& Acoustical Ceiling contract dated July 17, 2007. Recommended Council Action: Approve Change Order #1 to American Wallcover, Inc. for a Not -To -Exceed amount of $7,665.30, authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 A s. z f, '3 .5 i p> r 5{ s{ �S €s r .9 �k, 0 • CITY'OF MERIDIAN CHANGE ORDER NO. 1 33 EAST IDAHO PROJECT No. MERIDIAN, ID 83043 DATE: 12-16-2007 EFFECTIVE DAYS: 11-26417 CONTRACT CHANGE ORDER CONTRACTOR: AMERICAN WALLCOVER, INC. PROJECT: DRYWAL, FIRE PROOFING & ACOUSTICAL RILING TILE The Contractor Is hereby directed to make the following changes from the Contract Douunents and til.ins. Desciptlon: Additional Dryw per RFI #43. Ceiling Tae charW pa, ASI 032. Elevator Equipment Room ct"o porASI 038. ALL OTHER TERMS AND CONDMONS REMAIN THE SAME. Reason (or Change Ordor: Architects Supplemnetal InsVuc ions ANachoments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: A(jobvil Conlux:l Prep $1,038,550.00 09gbwl Corwacl Tiaws: Not changes. form previous Change Ordcrs Not chmigos fort» previous Change Ordora No._ to $0.00 No._ to � (reAmlor dap) Contract Price prior to this. Change Order.. Contract Imes prior to 1w. Change Ordor: $1,038,550.00 (Tarda m ow Not Increase (docream) of this Change Order. Net Increase (docron: e) of this Chanoo Order. $7,665.30 tc9�roaro��ra) NONE Cortiract Prlco with all Approved Change Ordam: Contract Times with all Approved Change Orders: $11'046,218.30 trarc+va>r;l RECOMMFNtpgor) APPRO : IN PURCI ACCENT)) Dy Data: � '? Dy 0th! nate:_ ACl:f=wPYED (cm%m lar) lam ricc ., we►llewflt, Sx. COUNCIL APPROVAL tote: 5 `-.0 - L1- O e)Date: APPROV[Maide ATTEST: ` 8y: Mayor ;ftor By c;1y pork. = Gate: -1 , 3 - OE - . Dote: z SE L ' l---• --- 9 • May 23, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Purchasing Department ITEM NO. 7-C-5 REQUEST Change Order No. 2 with American Wallcover, Inc. for Meridian City Hall Phase 3 for a Not to Exceed Amount of $1,968.60 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: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached V/ {S f 2 `••Y i do 3i„ _ '< .;ig i g¢ e p i s y � � i3 ( Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann Date: 5/22/08 Re: May 27 City Council Department Report 0 R—VscjTjvBD MAY 2 2006 City' apt°Weridan CV Clerk or The Purchasing Department respectfully requests that the following item be placed on the May 27 City Council Agenda under Department Report. American Wallcover, Inc. Change Order #2 Additional work per multiple Architect's Supplemental Instructions "ASI'sn. All work under this Change Order #2 will be completed pursuant to the existing Drywall, Fire Proofing & Acoustical Ceiling contract dated July 17, 2007. Recommended Council Action: Approve Change Order #1 to American Wallcover, Inc. for a Not -To -Exceed amount of $1,968.60, authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER 0 CHANGE ORDER NO. 02 PROJECT NO. CH -06-001 DATE: 04/08/08 EFFECTIVE DATE: CONTRACTOR: AMERICAN WALLCOVER PROJECT: MERIDIAN CITY HALL - Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASrs 22, 39, 41,44, 45, 60, 51, 56, 60, 62, 63, 65, 67, 68, 69, 70, 71 and RFPs 58, 65, 68, 69, 70, 84, 101 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order. Additional scope or revisions per listed ASI's & RFI's Attachments: Change order items description, dated 418/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 1,03$,550.00 Original Contract Times: Substantial Completion 8128108 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 01 No., to „ (calendar days) $7,665.30 None Contract Price Prior to this Change Order. IContract Times prior to this Change Order. (calendar days or date) $1,046,215.30 8/28/2008 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days or date) $1, 968.60 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $ 1,048,1$3.90 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCT] ACCEPTED: (CONTRACTOR) Petra Inc. American Wallcover By: Thomas R. Coughl 4 By: Pierce �'(�� ��..r•+ Date: Date: kA . 019 -6% APPROVED: (CI Y PURS COUNCIL APPROVAL By. Keith Watts Date: Date: ``0%ittttutg1���, 27 68 ,`� „5' of ```` APPR�V��:1C - ATTEST: By. Ma r eerd Date: By: City Clerk, Jaycee Holman a Date: • O on f • May 23, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Purchasing Department ITEM NO. 7-C-6 REQUEST Change Order No. 1 with AATronics for Meridian City Hall Phase 3 for a Not to Exceed Amount of $4,527.86 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: V SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann Date: 5/22/08 Re: May 27 City Council Department Report �J MAY ? 2 200b City Of Meridian City Clerk Office The Purchasing Department respectfully requests that the following item be placed on the May 27 City Council Agenda under Department Report. AATro_nics Change Order #1 Additional work per PR01 & Intercom System Changes. All work under this Change Order #1 will be completed pursuant to the existing contract dated July 17, 2007. Recommended Council Action: Approve Change Order #1 to AATronics for a Not -To -Exceed amount of $4,527.86, authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 3 k r' '[ 4 S { 0 3 f { 0 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 01 PROJECT NO. CH -06-001 DATE: 04/09/08 EFFECTIVE DATE: GUN I RAGTUR: AATRONICS PROJECT: MERIDIAN CITY HALL - Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per PR 01 & Intercom System (COR#01) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed PR 01 and Intercom System (C.OR001) Attachments: Change order items description, dated 4/9/08, with contractor quotes & PCO's CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original 'Contract Price $204,378.72 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No -0- No._ to _ (calendar days) $-0- None Contract Price Prior to this Change Order: Contract Times prior to this Change Order. :$204,378.72 (calendar days or date) 8/28/2008 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order. $4,527.86 (calendar days or date) None Contract Price with all Approved Change Orders: Contract Times.with all Approved Change Orders: $208,906.58 (calendar days) Substantial Completion 8/2812008 RECOMMENDED: (CONSTRUCTION E ACCEPTED: (CONTRACTOR) Petra Inc. By: Thomas R. C ughli AA Tronics /y������ By: Rick Stanley ,V 7 r ei Mraq Date: / ��� Date: �q r O APPROVEW-(R I GENT) COUNCIL APPROVAL By: Keith Date: D - -� %%116�u�r„�// Date: S -- n: - 2-1. Q. APPROVED: (C ATTEST: By: Mayor Tammy d rd By: City Clerk, a cee Holman ' S�l71JJ Date: +"� - 3 _ o Q Date: , • ' Ok z i p y Ij� SI UI 1097 N RC6ARI0 STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX (208) 323-4507 TITLE: Intercom & Mayors Suite PROSECT: Meridian City Hall TO: Attn: Debbie Knippert RE: AATronics 10 N Liberty St. Boise, ID 83704 Phone: 208-343-0900 Fax: 208-344-9087 To: From: DATE: 4/7/2008 308: 060675 CONTRACT NO: Number. KYA JJ�'''iliV11��ROP-OSAI�-�.�4_,.,__<3..'"�..�=�ryS..ara•s�_�.._,i s,...s,�t,:.._.x..ad�n.�,�.. ,_.. ,_ ..v... �,_'_�x, **AII taxes are Included in ams** 00001 Inter m System (COR#1)- Provide two way 1.000 IS $5,142.69 0.00% $0.00 $5,142.69 co pas wr on system nantFaciured by Aiptame. The proposal is based on the inieroom system general notes on street# iZ11S. Per AATronks proposal dated 3/6108 00002 PR#1 Mayors Suite Revisions (RFP#2P)- Remove 1.000 LS ($614.83) 0.00% $0.00 ($614.83) projection screen and add flat panel monitor to Rm#346. AATroNcs quote 4/2/08 Unit Cost: Unit Tax: Lump Sum: Lump Tax: 00/6 GC Markup: Total: $4,527.86 $0.00 $0.00 $0.00 $0.00 $4,527.86 APPROVAL: Dr. z '4A By: Pe a no atexl AA Lombard Conrad Architects Date: / ff " Date: _Mcky / Zoog Date:.�''Z 6 0 Y EXXN—o MERIDIAN CITY HALL PROJECT NO: CH -06-001 AATRONIC, INC - Phase 3 (37) 04/09/08 CHANGE ORDER NO 1 CHANGE ORDER ITEMS 1 Intercom System (COR#01) - Provide two way 5,142.69 communication system manufactured by Aiphone. The proposal is based on the intercom System General Notes on sheet number F2.11 S. Per Aatronics proposal dated 3/6/08. 2 PR 01 Mayors Suite Revisions (RFP -02) (614.83) Remove projection screen and add flat panel monitor to Rm 346. Aetronics quote 4/2/08. 4,527.86 Page 1 of 1 AATRONICS, INC. 10 N. Liberty Street Boise ID, 83704 City of Meridian Tim Elliott 33 E. Idaho Ave. Meridian, ID 83642 555 208-8884433 � �al 00�p - o 7 - Project Number B5863BAC2 4/2rAW Page:1 Change Order Proposal 208-343-0900 Fx M8-344-9087 Project Title: PRI - Mayor's Suite Display Change Qty Mfg -Item No. Description Meridian City Hail Change Request - PR1 Room 346 - Remove Prolwdw System: -1 Sanyo-PLCXT25 4500 Lumen 1000:1 Contract XGA LCD Projector 1.62- 2.12:1 Lens -1 Da -Lite -74677 "' BOARDROOM,120D 69X92NPA MW -1 Chief-RPMU UNIVERSAL RPM -1 Chlef-CMA440 CEILING PLATE, 8" X 24" Room 346 - Add Fiat Panel Monitor 1 LG-60PC1 DC 60" Plasma TV - 60" - ATSC, NTSC -169 -1366 x 768 - Surround 1 Secure Mount-WT35 Fits TV sizes 37" to 62" Tilts +/-15, dual gang box receptacle This Change Order Proposal Is Varid for 30 Days. I Accept This Quote Ethan R Wheeler, Design Consultant Date: • Page 1 of 1 Tom Coughlin From: Ethan Wheeler [othan.whoefer@aatronics.com) Sent Wednesday, April 02, 2008 3:56 PM To: Tom Coughlin Subject PR -1 Change Request Attachments: MCH Change Order B5863BAC2 - Mayor's Suite 4-2-08.pdf TOM, Rick Stanley asked me to send the attached change order to you regarding PRI for Meridian City Hall. We are removing the projector and screen in the mayor's suite and replacing it with a 60° plasma monitor. Please contact Rick or myself If you have any questions. Thanks, Ethan Wheeler SYSTEMS DESIGN CONSULTANT AUDIO - VIDEO - CONTROL AATRoNics, INC. 10 N. LIBERTY ST. BcHsF, IDAHo 83704 OFFICE: (208) 343.0900 MCr. 112 ETH AN,W.HEY-4-ZRWA&T-FtOki-Crp.!;QMI 4/V2008 M -ar; I A, AdIkk low CHANGE ORDER REQUEST k No. 00001 323-4500 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 a PHONE: (208) 323-4500 • FAX: (208) 323-4507 TME: Intercom System DATE: 3/20/2008 PROJECT: Meridian City Hall 706: 060675 TO: Attn: Rick Halsteen CONTRACT NO: 37 AATronics 10 N uberty St. Boise, ID 83704 Phone: 208-343-0900 Fax: 208-344-9087 RE: To: From: Number. D9SOUPTIO' OF-PROVOSAL Intercom System - Provide and install two way communication communication systems as manufactured by Aiphone. The proposal Is based on the Intercom System General Notes on sheet number E2.11S. This proposal Includes the two conductor wire from contractors equipment to the door but does not include providing or connecting to tate door opening mechanism. The door strike to be provided and installed by the door hardware contractor. Per Aatronics quoted dated 3/6/08. Unit Cost $0.00 Unit Tax: $0.00 Lump Sum: $5,142.69 GC markup: $0.00 Lump Tax: $0.00 Total: $5,142.69 Tom Coughlin Rick W. Date -Date: ra ( a *' E£r $Ate" i 1 AATRONICS, INC. 10 N. Liberty Street Boise ID, 83704 208-343-0900 FX 208-3449087 • • Proposal * • to: Petra Incorporated Michael Nigh 1097 N. Rosario Street Meridian, ID 83642 Tel: 208-323-4500 Mfr -Part No. AIP ACC3/A AIP-LEDA AIP-LDC1 C/A AIP-BBX1 E AIP-PT1210N AIP-RYPA West Penn Wire 2532718 West Penn Wire -25291B TRONiCS-PHASE 316/2008 Fax 208-323-1147 0 * * Proposal Project Number: B5863BACI For: WIWI Marl LIRy mall Aiphone Intercom System Meridian City Hall Site: A w4rnnif-4 3/6/2008 Unit Price Extended Thank you for choosing AAtronics. communication system This proposal is to provide and install the two-way manufactured by AlPhone at the Meridian City Hall Project. The Proposal is based on the Intercom System General Notes on sheet number E2.1 is of the Pmject drawings. This -proposal includes the 2 conductor wire from our adaptor to the door but does not include providing or connecting to the door opening mechanism. That door strike should be provided and installed by the door hardware contractor. 1 Aiphone ACC -3/A Chime and All Call Adaptor 1 Aiphone LE -DA Flush Mt Stainless Steel Door Sta. 2 Aiphone LDC-1C/A Master Station 2 Alphone BBX-1 E BackboX For LDC -1 C/A 1 Alphone PT -121 ON 12 -volt Transformer 1 Aiphone RY PA Relay For Door Release 1000 8 COND 22 (7X30) BARE SHIELDED CMP 1000 2 COND. 22 (7X30) BARE SHLD CMP 1 Misc Hardware and Connectors 1 Installation Labor AATRONICS, INC. Project: B58s38AC1 r IE k 4 . y � i, t i ii 4 �gk 9 ` May 23, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Purchasing Department ITEM NO. 7-C-7 REQUEST Change Order No. 4 with Sidewalks, LLC for Meridian City Hall Phase 2 for a Not to Exceed Amount of $64,519.57 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: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached j'' . 3 ? Ja 'V' 13 RIT i Ll Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann Date: 5/22/08 Re: May 27 City Council Department Report • RECEIVE MAY 2 2 2008 City. �� Meridian City Clerk Office The Purchasing Department respectfully requests that the following item be placed on the May 27 City Council Agenda under Department Report. Sidewalks, LLC. Chance Order #4 Additional work per Architect's Supplemental Instructions "35 and RFI's 63. and 71". All work under this Change Order #4 will be completed pursuant to the existing Concrete contract dated April 10, 2007. Recommended Council Action: Approve Change Order #4 to Sidewalks, LLC for a Not -To -Exceed amount of $64,519.57, authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 k G� CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 0 E ORDER NO. 04 'T NO. CH -06-0e CONTRACT CHANGE ORDER NTRACTOR: SIDEWALKS, LLC JJECT: MERIDIAN CITY HALL - Phase 2 Shell a Core Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. aription: Incorporate revisions per ASI 36, RFrs 63, 71, Job Conditions, Field Directive & BSE Backcharge ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME Reason for Change Order: Additional scope or revisions per Iistml ASI, RFI, Job Conditions, Field Directive & BSE Backcharge Attachments: Change order items description, dated 4/9/08, "ll contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $655,595.35 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 03 No._ to $165,029.00 --(calendar days) None Contract Price Prior to this Change Order: Contract Times prior to this Change Order tAin AW 129 (calendardaysordate) Net Increase (decrease) of this Change Order $64,519.57 contract Price with all Approved Change Orders: 6885,143.92 I:UMmENDED: (CONSTRUCTION traTh Inc. Thg Thomas B: rf 8 'ROVED: (CITY PURQMAJMI,AG. Keith Watts S: 6 —.— Y. L Mayor Tammy Increase (decrease) of this Change Order ndar days or date) tract Times with all Approved Change Orders: ,radar days) bstantlal Completion 8/2812008 ,EPTED: (CONTRACTOR) ewalks, LLC Ben Bardai7 NNrllfil p Date: 5 - /'�� 't WA ATTEST: , By: City C rk, ayc:es Holman Date: or t P'*n►r'rr nrltTN 4 t_ R i fU '§ g �s ! 0 May 23.2008 Department Reports MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Purchasing Department ITEM NO. 7-C-8 REQUEST Change Order no. 1 for Heroes Park Construction With Boise Excavation LLC for a Not to Exceed Amount of $9,779.25 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: vx 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. ', � xii r p 5V d I To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Agent CC: Tara Green, Elroy Huff Date: 5/21/08 Re: May 27 City Council Meeting Agenda Item • MAY 2 2" 2008 City Of Meridian City Clerk Office The Purchasing Department respectfully requests that the following item be placed on the May 27 City Council Consent Agenda for Council's consideration. Approval of Change Order No. 1 for Heroes park Construction. This Change Order is for additional bedding material under the west end of the hockey court. Recommended Council Action: Approval of Change Order No.1 for the Not - To -Exceed amount of $9,779.25, and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 e g kf fk 0 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 1 PROJECT NO. PKS-08-001 DATE: 5120108 EFFECTIVE DATE: 511108 CONTRACTOR: BOISE EXCAVATION, LLC PROJECT: HEROES PARK CONSTRUCTION The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Materials and labor for extra bedding materials under the west end of the hockey court Also the curbing on the east and of the park. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for change order: Additional material needed. Attachements: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $149,936.56 Original Contract Times: Completion 5123108 Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ No._ to _ (calendar days) $0.00 None Contract Price Prior to this Change Order. Contract Times prior to this Change Order. i alePr (calendar days or date) $149,936.56 5/23/2008 Net Increase (decrease) of this Change Order. Net Increase (decrease) of Oft Change Order. (calendar days or date) $9,779.25 Contract Price with all Approved Change Orders: ContractTimes with all Approved Change Orders: (calendar days) $159,715.81 5/23/2008 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED: (CONTRACTOR) By F By: William CaseyJ,W Dale: A/ ' Date: APPROVED: (CRY PURC AGENT)/'/COUNCIL APPROVAL OF By: Keith Watts Date: .5— 2 _ Date: G - % �� ��• APPROVED ATTEST: By: Mayor Tammy de W By Criy Clerk, ayoee L o�nan 7 - Date? Date: Date: _ 1(0 '� � 7 .P, terr.1 j} #F i alePr 3 F y q L 6 { 3 l f $ May 23, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Parks Department ITEM NO. 7-D-1 REQUEST Discussion on Boys & Girls Club AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: Dc—� u S s ed 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. # 4 j A 1 119 t 53 i x • May 23, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Parks Department ITEM NO. 7-D-2 REQUEST Budget Amendment for Additional Attendants at Settler's Park Splash Pad for $27,202.00 CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 1 {{ g ' TIT F Z 41 4'r a� O N I o m co a f6 N CL C C � U .N f6 O y N m O a y O 3 N V C o o ma) 3 0 c C > > CL '- a) O E o 0 ti o a ._ aw E Q o C m O U C O G! d1 y y O N N N� 'O L y y N L 7« 69. 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C O •- w w .0 LO 7 W I- UJ J 'cm ¢ ¢ a w O U >N `O LU +y, CL CL W WU5 � >-2 9 CL cU cc Lu Cr l <CD M Z4=.LL 4'r a� O N U N f6 N CL X � y m N C 3 � 7 C � CL O C N m y r 7 a N w O N CD v C D N 7 o fA c O « - t13 1 N CL o a v CL N CL N N M a w W y cm M. cr c U c »L(D. 0 O r _ p v 7 C O p > O EN m m a S N Z) O U! 0 N m m 0 C CL ani �E � X c E w' C O U .0 LO 7 y Um 'cm rg >N `O �c0m 9 E �.CL 4'r a� O 3 N CL O a R fA t13 *61 ff} H I w C m A � CL xLI.� O e N U O iTLC C rg �c0m E y u) n U. Q U m yyEE �>• m m OV M '-'I p >'cUW.o 5LLLL EW LdZ 0 o G U) C 7 d rOqrrNMLlf O r O N N N N W O V C t'o.NN90000a V C r r r N � N.N N a O L- 4'r a� May 23, 2008 FP 08-004 MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Spurwing Limited Partnership ITEM NO. 9 REQUEST Request for Final Plat approval for 65 single family building lots and 5 common lots on 20.51 acres in an R-4 and R-8 zone for Olive Tree at Spurwing Subdivision -- north of West Chinden Blvd. & west of N. Spurwing Way AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: AFereVc, 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 Response to Staff Report Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 5', � '�_'� .te :: :.:. E: i 4.`y? ,`�.� f�� t;, +. .;.� � z; nt, �;F #ear ;.� .• .� ��t �F.' YDS: ' BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF SPURWING LIMITED PARTNERSHIP, FOR FINAL PLAT APPROVAL OF 65 (35 DETACHED, 30 ATTACHED) RESIDENTIAL BUILDING LOTS AND 6 COMMON LOTS IN A R-4 AND R-8 ZONE FOR OLIVETREE AT SPURWING SUBDIVISION, LOCATED WEST OF N. MERIDIAN ROAD AND NORTH OF W. MCMILLAN ROAD, SW % OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 1 WEST C/C May 27, 2008 CASE NO. FP -08-004 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on May 27, 2008, and the Council finding that the Administrative Review is complete from Jenny Veatch, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 27, 2008, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING OLIVETREE AT SPURWING SUBDIVISION LOCATED IN A PORTION OF THE SW '/ OF SECTION 23 and T4N, RIW, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OLIVETREE AT SPURWING SUBDIVISION / (FP -08-004) Page 1 of 4 sg_ 5 ti. M tg 0 BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 5/16/08, SHEET 1 OF 3, PATRICK A. TEALEY", Spurwing Limited Partnership, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Jenny Veatch, Assistant City Planner for the Planning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 27, 2008, listing 10 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 10 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 3 pages, and by this reference incorporated herein, the response letter from Jenny Veatch, Assistant City Planner for the Planning Department, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incorporated herein and the additional requirements of the Council taken at their May 27, 2008 meeting as follows, to -wit: 1. Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OLIVETREE AT SPURWING SUBDIVISION / (FP -08-004) Page 2 of 4 It ypp § {p3p <x !t £ ) ppf tt s ! Y Ski Al central sewage and central water; that run-off is not to create a mosquito breeding problem. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OLIVETREE AT SPURWING SUBDIVISION / (FP -08-004) Page 3 of 4 ;v ipipip p '$J ) # £ }� Y ^ 4 ✓ is ( 3 # t: `: ;. 8 t al- it 5 + { 3 � #` s It f 0 By action of the City Council at its regular meeting held on the day of Ma a , 2008. By: Attest: aycee Dolman, City Copy served upon Attorney. By: �J City Clerk's Office ``\`��„uui�+►►►,,,�� Tammy de erd y of Mayor, Ci of Meridian d AL 'f "fir ts� • �. eg, ��ttinent, Public Works Department, and City Dated: U -G—C)--1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OLIVETREE AT SPURWING SUBDIVISION / (FP -08-004) Page 4 of 4 i CITY OF MERIDIAN PLAPING AND PUBLIC WORKS DEPARANTS STAFF REPORT STAFF REPORT: Hearing Date: May 27, 2008 TO: Mayor and City Council FROM: Jenny Veatch, Assistant City Planner 9V 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Olivetree at Spurwing Subdivision Request for Final Plat Approval of Olivetree at Spurwing Subdivision Consisting of 65 Single -Family Building Lots and 6 Common Lots on 20.51 Acres in the R- 4 and R-8 Zoning Districts by Spurwing Limited Partnership, (File# FP -08-004). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Spurwing Limited Partnership, has applied for final plat approval of 65 single-family building lots (35 detached and 30 attached) and 6 common lots on 20.51 acres of land for Olivetree at Spurwing Subdivision (fka — Spurwing Patio Homes Subdivision). The zoning districts for the proposed subdivision are R-4 (Medium Low -Density Residential District) and R-8 (Medium Density Residential District). Olivetree at Spurwing Subdivision is located on the north side of W. Chinden Boulevard and west of N. Spurwing Way in the SW % of T. 4N., R. 1W., Section 23. This property was previously platted as Lot 3 and portions of Lots 2 and 4, Block 1 of Spurwing Subdivision. The City Council approved the preliminary plat for Spurwing Patio Homes Subdivision on February 20, 2007. If the conditions of approval below are complied with, the submitted final plat will substantially comply with the approved preliminary plat. Staff recommends approval of Olivetree at Spurwing Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ -06-043), preliminary plat (PP -06- 045) and variance (VAR -06-020) applications for this subdivision. 2. If the City Engineer's signature has not been obtained by 2/20/09, the Final Plat approval shall expire. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. FP -08-004 Olivetree at Spurwing Subdivision FP.doc PAGE 1 i CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTONTS STAFF REPORT 4. Revise or add the following note(s) on the face of the plat prepared by Engineering Solutions, LLP, stamped on 5/16/08 by Patrick A. Tealey, prior to signature of the final plat by the City Engineer: *.) Revise to read from signature page, "... I, Leaffd A Grady, P, lines;C*aphieally depic4 on the faee of the plat a fi-ve (5) feet ninimum uglity easement along the interior- let lines. �kGr-aphieally depiet on the faee of the plat a ten (10) feet miff� u4ility easement along all right of ways. -Add -a note, "Lots 7 & 9, Bleek 1, sh" have a -ten (10) feet pedestfian pathway easement for- aeeess-te eeaunea Let 8, Bleck 5. The landscape plan, prepared by Brooks Design Group and dated 4/11/2008 is approved with the following changes. a.) Provide a minimum of one (1) deciduous tree per 8,000 square feet of open space area. b.) Revise common Lot 8, Block 1 to include trees. C.) Revise Lot 34, Block 1, so that no trees are located in the thirty (30) foot sewer easement. d.) Graphically depict the ten (10) foot pedestrian pathway on Lots 7 & 9, Block 1, connecting to common Lot 8, Block 1. e.) Provide a pathway lighting plan for Lot 44, Block 1. Submit three copies of a revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. Said plan shall be consistent with the changes listed above. 6. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 7. Four -foot tall bollard or similar pathway lighting is required along the pathway located in Lot 44, Block 1. 8. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 10. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. FP -08-004 Olivetree at Spurwing Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTONTS STAFF REPORT GENERAL CONDITIONS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. The applicant shall provide a 20 -foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 5. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 6. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. Any existing domestic well system within this project shall be removed from domestic service per FP -08-004 Olivetree at Spurwing Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTONTS STAFF REPORT City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 14. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. STAFF RECOMMENDATION Staff recommends approval of the final plat for Olivetree at Spurwing Subdivision (FP -08-004) with the above stated comments and conditions. Exhibits 1. Site Plan 2. Landscape Plan FP -08-004 Ohvetree at Spurwing Subdivision FP.doc PAGE 4 CITY OF MERIDIAN PLAING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT ru„ an� OZLTVIaqpzmm AVE um NUMUMMON A RESUBDAISIM CW LOT 3. AND Pt RIMS OF LOTS 4; Bi s �, sPUemG SUBDIMSM LOCATED IN THE SW 114 Of Ike CTNiH 23; TAX. FLIX. BM. — — z 1114 72 0,9 s31�.niai a3maaE q 4 S�TP1. / �! 0� br_ _ 01 � ip {Plajta'!A/ • M4 �7' Exhibit I ------------—- PAGE.— PAGE 5 8 �➢Q 7k76W[i©il[BW AO fOID LQ eWSL ID y$p ! z }} f # ffd! pZ I a §#}, CITY OF MERIDIAN PLAOING AND PUBLIC WORKS DEPARTONTS STAFF REPORT Exhibit 1 PLAT SHOWM OEXVZVVR=AW N A RESUBDIVISION OF LOP 3. AND PORTIONS OF LOTS 2 & 4. BLOCK 1. SPURWNG SUBDIVISION LOCATED iN THE SW 1/4 OF S'ECTft 23, T.4N., R.iW D.IA. YERVAN, ADA COUNTY. 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KSS^V¢24' =1mTA TY � 7>79�cE3�[Y� AYY,r3v�T✓ PAGE 7 APPMA1 M CM i'IMMM 0� G.G tl - �4�ci�5 PL+ dl Rs sl Ulv � C'Rk�. l31 AP17 UM OF C" COLWM A=FTkGM Or RBA COLAJIY. P omy A. "MT R' .1�.'/af N rLatTe1 Fi NRTJi" e'I P� !e.¢+ a mat _Pli'�' F'r4Kl fkigC' 4FFNO!J� CF C"MU 0.4M CT HEATH 074""7 f�qy�: AY PiSi+t:Iw:I:' sZT-a n Grn �". `ne QA ,•ncb'W 13 euR P.}Ir Lilf,: Ir1d'dE ID e C x4til0 Lt M 4Ya iYA �tlye p[ (gq'Ya T! C?.m Y�r �G �t-�a!1 K .a✓'h4�i -iPhR iiG1>»�C. 1.14, C.a`.til�na. m m �' a a aml4[+c Cc asrs+ma. Cr.m, =TE or mom rmkm1✓£9 s. �a aa+ Sr rt caa'iY"`esu^i a rur aa-ux o �QA"W R. A`6B�9r 4N3 GflrWP9 '!DIH tt'.P CEMMATE OF =W" f VaMFltff9 .fuTAl4"n K. Aireir � Ka +�ro_mn r ra._.,.a w..ca ea .cl air c CITY OF MERIDIAN PLAOING AND PUBLIC WORKS DEPART91NTS STAFF REPORT Olivetree at pumum sr ate "�qqay.®Ya�v e,IDm 1Be ao �r�-zr° Pa, la .a � vaen•es�Baptar- iv Bra -G r vs. t]r u� ra ra-� i �� as Bi A-va vam ® a �Ye�vrpr aiva�'9si "0.3 !.t �ia.,r1w ws a_e. �q 9r ea � is ev fy�a.�.ayy� 4 i b, e.i s • BB��� wawFVYa_t0.7�1._ BY 4 •. a �•eP,HM" MWaYI sT Y a Atlyw.ry w! w !w hY A 4 ���y���� bar 9.i ��f v� tfiliY.BW rv@ ® qct YY • a a•`«�C w vY c a oY n a dBa� c tss"Yvs "i as +PaYP,r� r! ec t BY ®. g. h � UirppY�y.�O'ylYs Q -Ll 11 v ter•'-� "�ssrsr �PR�BA0.BB_Q4E R4PM¢^ NOTES Exhibit uaao<+msesa iw.i ss®!lsc�l. acesn aa,shss� o sma wma a<mr•s i•ar er.,ua. Y+uriaira `sr�v �w�u�v'a�+.ay.s. amu..®rw—..n,.r: w:•, Exhibit 2 PAGE 8 ' picn`.a S�itim RY Y Ni { � �®ayrea tS 4�4ru� n, B fl. lbmtuictrted &franc >5aU Olivetree at Spwving L=dwape Ptah L1 m q It t wAal � A� d -jl Exhibit 2 PAGE 9 v CITY OF MERIDIAN PLAONG AND PUBLIC WORKS DEPART TS STAFF REPORT Exhibit 2 PAGE 10 L4 r11fill A i ry .:a .y, ae _ t t Exhibit 2 PAGE 10 L4 .7 Jennifer Veatch From: Jennifer Veatch seat: Tuesday, May 27, 2008 4:06 PM To: Anna Canning Cc: 'Shari' Subject Comments for Olivetree at Spunving Fla Page 1 of I Applicant will comply with first bullet. Strike Mast 3 bullets from report as applicant has provided notes or face of plat regarding these. 1. Revise or add the follo,.ving note[sl on the fare of the plat prepared by Engineering Solutions, LLP stmnped on Sf l fluid to Patrk-k- k Tealey, prior to signature of the final plat by the City Engineer: *.� Revise to read frmn ,;ignaturo page, "... I* , etk4,- Thanks, .^�Sb`el?=i f1n i'.i34S1Ci ';aoichan Phmmng 0cpamcnt Ufj r- 4,amorrower Lauf, 5une oS Medd n, iia K1642 200034.5533 208.88K6854 afar) Pe11Pt1fP.'!7�rn ')-rg fib ink G ft» 50-7/2008 0 E! k4tW&: !IIEI�fG S TI[LF May n --wos Mayor and City Council City of Meridian 33 Fast Idaho Avenue Meridhm ID 83642 Re: Ofivetm at Spurwing Subdivision Fite No. FP -084104 M-ar Mayor and Council: 0 1029 N. Rosario Strem Sivite 100 Meridian ID 83642 Phone: (20$1938-0980 Fax- (209) 9311- 941 E-mail: es-beckynvqwestnet We have reviewed the staff commenLs, for the City Council hearing date of May 27. 2008, ;arid have the following responsts:: SUE SPECMC CONDMONS The applicant will comply. NENOW =440 3. The applicant,%vi ll comply - 4. - 'the applicant %ill revise the signature page to delete Lenard Grady, - Notes I and 2 already take ewe of the ewsement.% We prefer not to depict these easements graphically. - Note I already takes care of the easemcnt& We prefer not to depict these Casements graphically. - This emetuent is already shown graphimIly on the plat. The other casements shown graphicall,.Y are not side lot line casements, they are recreati(m easements for the he tit of the adjacent property owner, CTWUMemsaw I jl,-A SVtfing5�1'cmroMy f2),dov Mayor and City Council May 23. 2008 Page 2 5. a. The applicant v011 comply. b. The applicunt mill comply. C. The applicant will comply. d. The I0 -foot pedestrian pathway is already graphically depicted on the pla e. The applicant .vill comply. 6. The applicant will comply. 7. -1 he applicant %Nrifl comply. 8. The applicant .%ill comply. The applicant wall comply 10. Noted, GENERAL CONDITIONS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant,.,kill comply 4- The applicant will comply. i. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant Wl comply. 9. The applicant will comply. 10. The. applicant %ill comply. 11. The applicant will comply. 12. The applicantiArill comply. diu Pr -I LL-- -A Mayor and City Council May 23o 20U8 P49C ti 13. the applicant v --ill comply. 14. The applicant vwill comply. We appreciate stairs review of our proposed proicet 131mge kel tree to call if you have additional cornatents or questions. Sincerely. Enginevring Solutions, LLP BeLky McKay Pfflt= BM:ss cc: Spuming Limited Partnership Uad S9MUV�MWOO OJ�i 4=1 NzttngI'cnWmry Imcfaet 12' do,-. ;f May 23, 2008 AZ 08-003 MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Mason & Stanfield ITEM NO. 10 REQUEST Continued Public Hearing from May 20, 2008 -- Request for Annexation and Zoning of 12.06 acres from RUT to R-40 and C -C zones for Regency at River Valley (Revised) -- 2500 North Eagle Road AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: 9 CITY ATTORNEY� � �� CITY POLICE DEPT: 11 nT CITY FIRE DEPT: CITY BUILDING DEPT: A P ro 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. f '.# is � •`� � � � } } §� � p. 1 }{� �. � � i 44 `i{ g� � ".� {fgg f a•: b �A 'd �{I I - 'I pI y� JI :. } 0 3 3 4 Il'i t 3 0 • May 23, 2008 CUP 08-004 MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Mason & Stanfield ITEM NO. 11 REQUEST Continued Public Hearing from May 20, 2008 -- Request for a CUP for a multi family development in a proposed R-40 zone for Regency at River Valley (Revised) -- 2500 North Eagle Road AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: I I nd I ,^S Ry- rA lJoVY ll 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. '= May 23, 2008 VAR 08-002 MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Mason & Stanfield ITEM NO. 12 REQUEST Continued Public Hearing from May 20, 2008 -- Request for a Variance to UDC for a reduction in number of parking spaces required for multi dwellings in covered carports or garages for Regency at River Valley -- 2500 N. Eagle Road AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: FindinT F 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. 4 It ILA `,rt I i May 23, 2008 VAC 08-004 MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Primeland Development ITEM NO. 13 REQUEST Public Hearing -- Request for a Vacation of a portion of the public utility easements platted with Verona Nos. 2 & 3 Subdivision for Verona Nos. 283 Northeast Corner of West McMillan Road and North Ten Mile Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Report CITY ATTORNEY CITY POLICE DEPT. CITY FIRE DEPT: ppfo vt, Prcpalm CITY BUILDING DEPT: CITY WATER DEPT: A ®l��Io 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 Comments Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. } �ryt 0 May 23, 2008 ZOA 08-001 MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT City of Meridian Planning Department ITEM NO. 14 REQUEST Public Hearing -- Request for a Zoning Ordinance / UDC text amdmt to modify, clean up and add specific sections to the UDC for Unified Development Code Text Amdmt No. 4 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: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached P&Z Item Packet / Minutes See attached Staff Report Continue PUH 1 (' Nearing Alt A r � � s } i : a 3 3 ,s 8 i � s 1 �' x i 3 W I. ➢ i E t j 5 i 0 May 23, 2008 RZ 07-014 MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT Kastera Development, LLC ITEM NO. 15 REQUEST Ordinance — Request for a Rezone of 30.08 acrfes from R-8 to C -N and TN -C zones for Cavanaugh — southeast comer of South Meridian Road and East Victory Road 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: See attached Ordinance Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ADA COUNTY RECORDER JJWD NAVARRO AMOUNT .00 12 • BOISE IDAHO OfiMO 10:2 DEPUTY VIcM Allen III I�II�IIIII"`IIIII�III'III'iI' I �II RECORDED -REQUEST OF 18065957 City of Meridian CITY OF MERIDIAN ORDINANCE NO. 0 — 13(0 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT PROJECTS WEST, INC., THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-07-014 CAVANAUGH) FOR REAL PROPERTY BEING A PARCEL OF LAND IN THE NW % OF SECTION 309 TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE -ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE- ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO C -N (NEIGHBORHOOD BUSINESS DISTRICT) AND TN -C (TRADITIONAL NEIGHBORHOOD CENTER) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to -wit: DBSI Tanana Valley, LLC. SECTION 2. That the above-described real property is hereby re -zoned from R-8 (Medium Residential District) to C N (Neighborhood Business District) and TN -C (Traditional Neighborhood Center) 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 re -zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re -zone said property. RE -ZONE OF CAVANAUGH — RZ-07-014 - Page 1 of 3 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 of the 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 annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. �j PASSED BY tTHE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Tr1 2 1 day of 1 1 t 2008. PROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this TI day of na%5 — , 2008. D ATTEST: JAYCEE HOLMAN, CITY RE -ZONE OF CAVANAUGH — ,MA01, of de WEERD 0 • STATE OF IDAHO, ) ) ss. County of Ada ) On this 21 qday of eo 2008, before me, the undersigned, a Notary Public in and for said State, personally a peared TAMMY de WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. *01101111 ••'* A G`•'•• (SEAL) +.• ;a G ' a. .y - iOr i�.� Ry. 00 lqbfA—RY PUBLIC FOR IDAHO RESIDING AT: a 1dl w _l . I D MY COMMISSION EXPIRES: &l 1-11 RE -ZONE OF CAVANAUGH — RZ-07-014 - Page 3 of 3 , REV{ ROYAL BY Project: 10-06.074 AUG 2 3 2007 Date: July 5, 2007 Revised: Auger 22,. 2007 MERIDIAN PUBLIC WORKS DEPT. PARCEL DESCRIPTION OVERALL CAVANAUGH COMNERCIAL SITE That portion of the Northwest YG of Section 30, Township 3 North, Range 1 East, Boise Merliftn, Ada County, kWw, and more particularly described as follows: Commenting at the Northwest corner of Section 30 from which the North w comer of said Section 30 beers North 89'4211 East, 2,450.83 feet, thence along the Northerly boundary tine of the Northwest 16 North 89'42VV East, 650.00 feet to the POINT OF BEGONNG thence continuing along said Northerly boundary line North 89'42'09' East, 1,236.83 feet; thence South W'1751' East, 350.00 feet; thence along a crave to the right 317.50 feet, having a radius of 317.50 feet, a delta of 57' 1745", and a tong chord which bears South 28' 21'01' West, 304.44 feet:; thence South 57'4328" West, 46.19 feet; thence along a curve to the left 237.06 feet, having a radius of 682.50 feet; a delta of 1905404', and a lortg cord which bears South 47'4626' West:, 235.87 feet; thence South 35'432T West, 50.00 feet; thence along a awe to the left 173.56 feet, having a radius of 530.56 feet, a delta of 18044'34", and a long chord which bears South 26.21'10' west, 172.79 feet; thence South 19'04'50" West, 7.82 feet to the Northerly right -of way of the Ridelnbaagh t„and-, thence along said right-of-way the following 3 cmffses 1. North 70.55116" West, 1,086.88 feet; L thence along a curve to the right 116.85 feat, laving a radius of 250.00 feet, a delis of 26'4648', and a tong d»d which bears North 5731W West,115.79 feet; 3. thence North 44'08'28' West, 329.64 feet to the Easterly right-of-way of South Meridian Rd.; thence along said risht-cf-way North W'25'38' East, 275.4a feet; thence North 67.10'51" East, 65.31 feet to the Soudmiy right-of-way of L Victory Rd.; thence along said right-of-way North 85'5845" East, a9.71 feet; thence continuing along said right-of-way North 89024W Eat, 430.98 feet:; thence North 00'1751- West, 32.00 feet to the POINT OF BEGINNING. Contac 30.079 acres, more o Prepared by: J -U -B ENGHMPS, Inc. Ronald M. Hodge, P.LS. RMH:GEH:Ihc HADMI04W074 - ICOME a CIMMUO Sub%10-Wo74AftftDmoiptl XBXI 64V4{ar t Cwwwdal Sial c Project: 10.06-074 Date: July 5, 2007 PARCEL DESCRIPTION CAVANAUGH COMMERCIAL SITE ZONE CN EAST That portion of the Northwest'/ of Section 30, Township 3 North, Range i East, Boise Mwidian, Ada County, Idaho, and more particularly described as follows: Commencing at the Northwest corner of Section 30 from which the North 14 corner of said Section 30 bears North 89.42'09" East, 2,450.83 feet, thetas along the Northerly boundary line of the Northwest Y+ North 89.42!09" East, 1,351.38 feet to the POINT OF BEGINNING; thence continuing along said line, North 89.42'09" East, 535.45 feet; thence South 00-1751- East, 350.00 feet; thtme along a curve to the right 266.25 feet, having a radius of 317.50 feet, a delta of 48.02'50, and a long curd which bears South 23'4334" West, 258.52 feet; thence North 42'7845" West, 53.55 feat; licence along a curve to the left 179.30 feet, having a radius of 200.00 feet, a delta of 51'21'54 , and a long chord which bears North 67.59 4Z West, 173.35 Beet; thence South 86' 1921" West, 56.47 feet; thence North 03'40`39" West,177.90 feet; thence North 48'4039" West, 133.72 feet; thence along a curve to the right 168.91 feet, having a radius of 200.00 feet, a delta of 4802324", and a long chord which bears North 24.2857' West, 163.94 feet; thence North 00'17'75" West, 67.92 feet to the P01NT OF BEGINNING. Containing 5.129 acres, more or less. Prepared by: J -U -B ENGINEERS, Inc. Gregory E. Holimsvig, P.L.S. er':Evi 'LJ0y4. LAy1j AUG 2 2 2007 ORKS DEPT IC OF Dye GEH:ihc H-wsPliO4"74 - tfUWM CWWWO sub%10-0b-07+Afttn%DuffOftu%10-CW4-cavanaUP Cwmv retat site CH ZMd+oc S, 8 f 4W .` 3; aft ` ..- -�...... .« .. -_-_ . � .irn. r .v......r..-......... w..•...7.i..r.i.'..... ...t.'..r. ..r.,..... .�+. ....tL .:1 f.tt. Project: 10-06.074 Date: July 5, 2007 PARCEL. DESCRIPTION CAVANAUGH COMMERCIAL SITE _ - ZONE CN WEST That portion of the Northwest Ni of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the Northwest comer of Section 30 from which the North V4 corner of said Section 30 bears North 89.42'09' East, 2,450.83 feet, thence along the Northerly boundary line of the Northwest % North 89'42'09" East, 650.00 feet to the POINT OF BEGINNING; thence North 89'42'09" East, 81.49 feet; thence South 00'1715' East, 386.10 feet; thence along a curve to the right 100.73 feet, having a radius of 298.00 feet, a delta of 19'2205" wId a long chord which bears South 09'23'48" West, 100.26 feet; thence South 19'04'50" West, 123.38 feet; thence along a curve to the left 105.84 feet, having a radius of 100.00 feet, a delta of 6063877", and a long chord which bears South 11' 1423" East, 100.97 feet; thence South 19'04'44" West, 43.80 feet to the Northerly right-of-way of the Ridenbaugh Canal; thence along said right-of-way the following 3 courses 1. North 70'55'16' West, 304.07 feet; 2. thence along a curve to the right 116.85 feet, having a radius of 250.00 feet, a delta of 26'46'48", and a tong chord which bears North 57'31'52' West, 115.79 feet; 3. thence North 44'0877 West, 329.64 feet to the Easterly right-ofway of South Meridian Rd.; thence among said right-of-way North 00.2538" East, 275.48 feet, thence North 67' 10'51" Fast, 65.31 feet to the Southerly right-of-way of E. Victory Rd.; thence along said right-of-way North 85'58'45" East, 89.71 feet; thence continuing along said right-of-way North 89'2450" East, 430.98 feet; ROYAL thence North 00'1751" West, 32.00 feet to the POINT OF BEGINNING, BY Containing 8.461 acres, more or less. Prepared by: J -U -B ENGINEERS, Inc. Gregory E. HoWmAg, P.LS. AUG 2 2 2007 MERIDIAN PUBLIC WORKS DEPT. GEH:Ihc HADMIC-C&C74 • Kasten Cavanaugh Sub110-06-074 AdminlDesaipdmnsllo a&o74•Caranw* CommWsdM Site CH Wc"Oc r .. . �. ... ...........w.e.x .r . � _ w.f1... v.J ....r......1M.!w ,..N M....r n .. ....�... ...:,.L....,....... Project: 10-06.074 Date: July 5, 2007 PARCEL DESCPJP77ON CAVANAUGH COMMERCIAL SrM ?ANE TNC That portion of the Northwest W of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the Northwest comer of Section 30 from which the North V4 comer of said Section 30 bears North 89'42'09' East, 2,450.83 feet, thence along the Northerly boundary One of the Northwest 14 North 69'42'09` East, 731.50 feet to the POINT OF BEGINNING; thence continuing along said line, North 89'42'09• East, 619.88 feet; thence South 00' 1715' East, 67.92 feet; thence along a curve to the left 168.91 feet, having a radius of 200.00 feet, a delta of 48'2324', and a long chord which bears South 24.28'57 East, 163.94 feet; thence South 48'403V East, 133.72 feet; thence South 03'40'39` East,177.90 feet, thence North 8601921° East, 56.47 feet; thence along a curve to the right 179.30 feet, having a radius of 200.00 feet, a delta of 51.21'54` and a Ions chord which bears South 67' 59'42° East, 173.35 feet; thence South 42.18'45' Fast, 53.55 feet; thence along a non tangent acne to the right 51.25 feet, having a radius of 317.50 feet, a delta of 09.1455`, and a long chord which gars South 52.22,26• West, 51.20 feet; thence South 57.4328" West, 46.19 feet; thence along a curve to the left 237.06 feet, having a radius of 682.50 feet, a delta of 19.54124' and a long chord which bears South 47'4626' West, 235.87 tet;- thence eet;tlhence South 3504377" West, 50.00 feet; thence along a curve to the left 173.56 feet, twhn a radius of 530.56 feet, a delta of 18.44'34" and a long chord which bears South 26* 2110' West, 172.79 feet, thence South 19*"50" West, 7.82 feet to the Northerly right -of --way of the Ridenbaugb Canal; thence along said right-of-way North 70'5516" West, 782.81 feet,- thence eet;thence North 19'0444" East, 43.80 feet; thence along a non tangent save to the right 105.84 feet, having a radius of 100.00 feet, a delta of 60 3877, and a long chord which bears North 11'1424" West, 100.97 feet; thence North 19'04'50' East, 123.38 feet; 0 . s. . ..IM.s.f, CwWardidSft July 5, 2007 Page 2 thence along a curare to the left 100.73 feet, having a radius of 298.00 feet, a delta of 19'22'05", and a long Chord which bears North 09'23'47" Fast, (00.26 feet; thence North 00.17'15" West, 386.10 feet to the POINT OF BEGINNING. Containing 16.489 acres, more or less. Prepared by: J -U -B ENGINEERS, Inc. .... Gregory E. Hotkesvig, P.L.S. 1dLUJ A- R� VAL BY AUG 2 2 2007 MERIDA" WORKS DEPT. PUSUC GEH:Ihc li.VM10.0W4 - Kmmm Cavanaugh Sub11046.074-AdmtMeucrfp*iva lo -0 ."+Cavmau& C==rdal S1* TNt doc ©. 0 isom RM ���i `Q f� sc CA •f MEN Fn i Z Us Frr Q D C OC � N Z N W me c� A r d oo w N � � LJ W 0 1 � 1 W N 1 czy To. o C sY o� Q uj Vra ICD N am wmm Is �n J r i { 3' IF e gP i { � r WON wam *s ag cv " QX R Icmqi d O N WON wam *s May 23, 2008 MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT ITEM NO. 16 REQUEST Ordinance No. 08-1366: Reconsideration for Final Decision Ordinance 2nd of 3 Readings 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: Emailed: COMMENTS See attached Ordinance Fw��k Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 CITY OF' MERIDIAN BY THE CITY COUNCIL: ORDINANCE NO. () $ ` I BU l0 BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE ADDING TITLE 1, CHAPTER 7, SECTION 10, MERIDIAN CITY CODE, REGARDING REQUEST FOR RECONSIDERATION FOR .FINAL DECISIONS OF THE MERIDIAN CITY COUNCIL OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho State Code and the Meridian City Code to make final decisions on land use matters; and WHEREAS, affected parties have the ability to appeal adverse decisions to the Court of appropriate jurisdictions; and WHEREAS, the City Council has the authority to unpiement procedural due process steps in its ordinances to assist affected parties with opportunity to be seen and heard by the City Council; WHEREAS, this additional portion of the process will not adversely affect any rights of the parties already established by law; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 7, Section 10, Meridian City Code is hereby added to read as follows: 1-7-10: REQUEST FOR RECONSIDERATION A. On Unified Development Code (UDC) land use application matters, that is governed by the Local Land Use Planning Act of the Idaho State Code, after a final decision of the City Council is rendered, but prior to the Findings of Facts, Conclusions, of Law, Decision, and Order are adopted a party may request the City Council reconsider their action. This step is optional and does not need to be done to allow the party the ability to appeal a decision of the City Council to a. court of appropriate jurisdiction as allowed by Local Land Use Planning Act of the Idaho State Code. To make such a request a party must meet the following criteria: 1) The requesting party must have been a party in the underlying action in one of the following: the City; the property owner of the subject property; the applicant for the project; or has presented written or oral testimony at the public hearing where the final decision was rendered; and 2) The request must be in writing and presented to the City Clerk no more than seven (7) calendar days after the council action and decision have been rendered; and ' 3) The request must state a basis for the request and a brief statement of issues and decision that the requesting party is asking to be reconsidered; and REQUEST FOR RECONSIIDERATION ORDINANCE -Page 1 of 3 `2 .3 3i i. 14 eE r} f Ft III d Y i 4) The request must include but is not limited to: (a) The party requesting reconsideration has relevant information; and (b) The relevant information was not previously presented and is in response to something brought up at the previous hearing; and (c) The information was not previously available. B. The City Council will consider the request at the next regularly scheduled' meeting and the requesting party is not required to be present. The requesting party will not have an opportunity to address the Council; nor shall the Council invite the requesting party to provide testimony regarding the matter. The Council may grant or deny the request. This will be the final decision of the City Council. C. If the City Council denies the request, the City Council will then approve the Findings of Fact, Conclusions of Law, Decision, and Order for the affected project. D.' If the City Council grants the request, the requesting party must pay the fee for a new public Bearing within ten (10) calendar days of Council grant of reconsideration. If the payment is not made to the City Clerk within the specified time frame, the City Council shall be notified at their next regularly scheduled meeting and the request for reconsideration shall be rescinded. E. All noticing shall be done in the same manner as all public hearings. If the applicant for reconsideration is not the property owner they may post the notice of hearing sign that is required by ordinance in the right of way, if they have permission of the appropriate authority. The City Council may waive this requirement if necessary. The City Council shall consider all relevant facts regarding the reasons the property has not been properly posted and may direct any reasonable measures it wants to assure that the public has appropriate notice. The new hearing shall be conducted in the same manner as all public hearings. F. Upon payment of fees, the City. Clerk will schedule a new public hearing for the application as allowed by the Meridian City Code and all noticing requirements shall be mandatory. The new public hearing and ultimate decision shall be a final action of the City Council. No Request for Reconsideration may be accepted by the City Clerk on the decision of the City Council from this hearing. G. Only one request for reconsideration by any party may be sought on any project. Section 2: That this Ordinance shall be in full force and effect upon its passage, approval and publication. REQUEST FOR RECONSIIDERATION ORDINANCE -Page 2 of 3 k � If { k ,: i 0 0 Y4, PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 3 day of _ .7LAnc, , 2008. APPROVED ,�BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this J 3 day of U nc,. 12008. ATTEST: ``````��► xA,Rrr��'''. SIAL '-QP ,''����rrrrNr�n neN►N����,``� REQUEST FOR RECONSIIDERATION ORDINANCE -Page 3 of 3 $f j ggyY jY } t i t3 3 May 23, 2008 MERIDIAN CITY COUNCIL MEETING May 27, 2008 APPLICANT ITEM NO. 17 REQUEST Executive Session per Idaho State Code 67-2345(l)(b) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.