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HomeMy WebLinkAbout2008-12-02i E IDIAN~--- i A CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, December 2, 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 presenfer." 1. Roll-call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by 4. Adoption of the Agenda: 5. Consent Agenda: A. Change Order No. 1 with Civil Survey Consultants for Well 27 Design for the not to exceed amount of $15,064.00: B. Professional Service Agreement with USSSOA for Assignment of Basketball Officials: C. Resolution No: Water /Sewer Rate Increase: D. Resolution No. MYAC Amended Bylaws: 6. Department Reports: A. Planning Department: Meridian City Council Meeting Agenda -December 2, 2008 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 1. Update Seeking Acceptance of Bids for Split Corridor Phase 1: 7. Items Moved from Consent Agenda: 8. Continued Public Hearing from October 28, 2008: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C-G zoning district for Overland Village by Relo Development - 3330 East Overland Road: 9. Tabled from October 28, 2008: VAC 08-001 Request for a Vacation of the existing right-of-way of S. Rackham Way for Overland Village by Relo Development - 3330 East Overland Road: 10. Public Hearing: AP 08-005 Request for City Council Review for an Appeal of the Planning Director's denial of Instant Equity Auto's request for Certificate of Zoning Compliance approval (CZC 08-010) to operate without connection to city services AND denial of an Alternative Compliance (ALT 08-004) request for reduced landscape buffers adjacent to Fairview Avenue and a residential zoning district for Instant Equity Auto by The Land Group -1065 East Fairview Avenue: 11. Public Hearing: RZ 08-006 Request for Rezone of 1.39 acres from I-L to C-G zone for Lanark Property by Patrick McKeegan - 3131 and 3163 E. Lanark: 12. Ordinance No. AZ 07-012 Request for Annexation and Zoning of 258.39 acres from RUT to C-G zone for Meridian Town Center by CenterCal Properties, LLC -Northwest Comer and Northeast Comer of North Eagle Road and East Fairview Avenue: 13. Ordinance No. 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 Reaency at River Valley (REVISED) by Mason & Stanfield - 2500 North Eagle Road: 14. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation); Meridian City Council Meeting Agenda -December 2, 2008 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~rE IDIZ IAN',=- ~J CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, December 2, 2008 at 7:00 p.m. 1. "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." Roll-call Attendance: David Zaremba Charlie Rountree Brad Hoaglun Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by 4. Adoption of the Agenda: 5. Consent Agenda: A. Chance Order No 1 with Civil Survey Consultants for Well 27 Design for the not to exceed amount of $15,064.00: B. Professional Service Agreement with USSSOA for Assignment of Basketball Officials: C. Resolution No: Water /Sewer Rate Increase: D. Resolution No. MYAC Amended Bylaws: 6. Department Reports: A. Planning Department: Meridian City Council Meeting Agenda -December 2, 2008 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1. Update Seeking Acceptance of Bids for Split Corridor Phase 1: 7. Items Moved from Consent Agenda: 8. Continued Public Hearing from October 28, 2008: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C-G zoning district for Overland Village by Relo Development - 3330 East Overland Road: 9. Tabled from October 28, 2008: VAC 08-001 Request for a Vacation of the existing right-of-way of S. Rackham Way for Overland Village by Relo Development - 3330 East Overland Road: 10. Public Hearing: AP 08-005 Request for City Council Review for an Appeal of the Planning Director's denial of Instant Equity Auto's request for Certificate of Zoning Compliance approval (CZC 08-010) to operate without connection to city services AND denial of an Alternative Compliance (ALT 08-004) request for reduced landscape buffers adjacent to Fairview Avenue and a residential zoning district for Instant Eauity Auto by The Land Group -1065 East Fairview Avenue: 11. Public Hearing: RZ 08-006 Request for Rezone of 1.39 acres from I-L to C-G zone for Lanark Property by Patrick McKeegan - 3131 and 3163 E. Lanark: 12. Ordinance No. AZ 07-012 Request for Annexation and Zoning of 258.39 acres from RUT to C-G zone for Meridian Town Center by CenterCal Properties, LLC -Northwest Comer and Northeast Comer of North Eagle Road and East Fairview Avenue: 13. Ordinance No. 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 Rectencv at River Valley (REVISED) by Mason & Stanfield - 2500 North Eagle Road: 14. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation); Meridian City Council Meeting Agenda -December 2, 2008 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • ., •° ~ _® CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, December 2, 2008 at 7:00 p.m. Convene a 7:01 "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 _ Brad Hoaglun Charlie Rountree _ Keith Bird ® _ Mayor Tammy de Weerd A. Chanae Order No 1 with Civil Survey Consultants for Well 27 Desi n for the not to exceed amount of $15,064.00. B. Professional Service Agreement with USSSOA for Assignment of Basketball Officials: C. Resolution No: rose 8- Water /Sewer Rate Increase• D. Resolution No: ropsd - 7 : MYAC Amended Bylaws: 6. Department Reports: Meridian City Council Meeting Agenda -December 2, 2008 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • A. Planning Department: 1. Update Seeking Acceptance of Bids for Split Corridor Phase 1: resents oion o reo en approval o Itrnt i 2 - it /re ba 12. Ordinance No. ropose -1 1 AZ 07-012 Request for Annexation and Zoning of 258.39 acres from RUT to C-G zone for Meridian Town Center by CenterCal Properties, LLC -Northwest Comer and Northeast Comer of North Eagle Road and East Fairview Avenue: prove: it I are a 13. Ordinance No. ropose 0 -1 2 AZ 08-003 Request for Annexation and Zoning of 12.06 acres from RUT to R-40 (10.56 acres) Meridian City Council Meeting Agenda -December 2, 2008 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. '" ~' • • and C-C (1.15 acres) zones for Regency at River Valley (REVISED) by Mason & Stanfield - 2500 North Eagle Road: rove: ird/ are 14.Executive Session per Idaho State Code 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation); Into Exec. t 9:29 irl oalun t f Exec 10:12 ird/are a jurn 10:12 ird/ o lun. Present at Meeting Tracy B. -Police Joe Silva -Fire Pete F. -Planning Clint D. -Public Works Steve S. -Parks Bill N. -Legal Kristy Little - ACHD Meridian City Council Meeting Agenda -December 2, 2008 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian Citv Council December 2.2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, December 2, 2008, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, David Zaremba, Keith Bird, and Brad Hoaglun. Members Absent: Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Tracy Basterrechea, Joe Silva, Steve Siddoway, Clint Dolsby, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I'll go ahead and start tonight's meeting. I'd like to welcome those of you that have joined us this evening. For the record, it is Tuesday, December 2nd. It's 7:00 o'clock. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Okay. Item No. 2 is our pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by De Weerd: Do we have a member of our clergy with us tonight? I didn't think so. Item 4: Adoption of the Agenda: De Weerd: We will go ahead and skip on to the next item, which is Item 4, adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Let's see. On the agenda for this evening, under the Consent Agenda, which is Item 5, number C, the resolution number will be 08-636. Number D, the resolution number will be 08-637. On the regular agenda, Item 12, the ordinance number is 08- Meridian City Council December 2, 2008 Page 3 of 49 1. Update Seeking Acceptance of Bids for Split Corridor Phase 1: De Weerd: Item 6 under Department Reports, we have our Planning Department speaking on the split corridor. Friedman: Thank you, Madam Mayor, Members of the Council. What you have before you tonight is a report on the acceptance of bid by ACRD for the first phase of the split corridor project. The highway district has received seven bids. They have identified the low bidder, Nampa Paving, who has proposed, essentially, doing the project in either altemative, altemative one being the normal course; altemative one being the expedited course for the same price. That price came in about 32 percent below the engineer's estimate and if they were to go with the alternate bid number two, that would cut approximately 60 days off the construction time. So, essentially, because of the agreement between the city, the Meridian Development Corporation, and the highway district, the district is seeking your concurrence on the -- on the bid. And I believe that the commission will be opening that -- or examining that tomorrow at their commission meeting. De Weerd: Thank you, Pete. Christie, do you have anything you want to add? Council, any questions for Pete? Bird: Looks good. De Weerd: Steve? Siddoway: Thank you, Madam Mayor. I just wanted to point out that in the memo that is provided in our package from the Planning Department it does mention the anticipated maintenance cost for this. You have seen this before. It came before you as we discussed the interagency agreement that was signed a couple of months ago and while we are not seeking formal approval of an actual bid on the landscape maintenance cost tonight, I do want to make sure that that's in front of you and clearly anticipated that we would be coming forward with an enhancement for next year and we will have to wait and see if we need an amendment for this year, depending on how quickly that split corridor does get built and come online. If it's late in the season, we may -- we hope to be able to absorb it into this year's cost. We do have a budget in there that's based on several months of service, which may not be needed. So, we hope to have some savings based on that 2009 number, depending on when the actual project comes on line for us to maintain.. That's all. Thank you. Unless there is any questions. De Weerd: No. Steve, thank you for pointing that out. Council, any questions, comments? Alls I heard was expedited. Bird: Madam Mayor? Meridian City Council December 2, 2008 Page 5 of 49 and the city and ACHD were cooperatively working together on this project. So, again, all you're recommending is that they award the bid as proposed to the low bidder and to that alternative two, as Council Member Bird stated. De Weerd: So, it's a recommendation. Bird: Call for a voice. De Weerd: I don't have a motion. I would ask -- Bird: I move that we approve -- or we recommend to the Ada County commission to approve alternate bid number two and awarding of the contract to Nampa Paving. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: I'm sure Pete or -- and Christie will get the word back. Okay. I know it will be written up in the report this evening.. And we will play nice. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. Items -- there were no items moved from the Consent Agenda. Item 8: Continued Public Hearing from October 28, 2008: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C-G zoning district for Overland Village by Relo Development - 3330 East Overland Road: Item 9: Tabled from October 28, 2008: VAC 08-001 Request for a Vacation of the existing right-of-way of S. Rackham Way for Overland Village by Relo Development - 3330 East Overland Road: De Weerd: Items 8 and 9 were continued public hearings from October 28th on AZ 08- 001 and tabled Item VAC 08-001. I will ask for staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. As the Mayor indicated, you have before you a request for reconsideration of your decision on an annexation as zoning and right of way vacation for nine acres located at the northeast comer of Overland Road and Eagle Road. The proposed project seeks approval of commercial zoning to allow the property to develop with retail office and restaurant uses. The applicant has not submitted a subdivision application, but intends to do so at a later date if the applications are approved. They had submitted a concept plan for the Meridian City Council December 2, 2008 Page 7 of 49 keep that in mind as this project develops to be beyond what's being considered this evening. We discussed with the design team some -- we attempted to analyze what are our options. One of the options we explored was a connection to Eagle Road via an emergency access easement along the northwest comer of the project that would provide for emergency access only -- just up a little bit more, Pete. Thank you. That would provide for emergency access. ITD denied that request, even though it was only being made for emergency access. So, that brings us back to our primary access point that we need to consider this evening, which is off of realigned Rackham, which we have to have that access point because of the unique circumstances that are presented with this particular site at this particular location. This site is typically serviced by Fire Station Four, which is south of this site on Eagle Road. If it has to go through the Silverstone business park to access this project via westbound Overland, if this access was cut off from us, we would travel -- normally, the direct access would be -- the shortest route would be come up to Eagle and Overland, tum right, that access would be approximately three-quarters of a mile, if we had the most direct route. If we have to go through the Silverstone access, it adds another tenth of a mile -- 9/10ths of a mile. Not that much. But, nonetheless, it impacts our response time. The real critical problem becomes if the secondary engine is tied up and the second due engineer's location, that being station one at 540 East Franklin, responds, probably- most likely from coming eastbound Overland through Eagle. If they have to go up to the Silverstone business park, then, we are looking at going from a response distance of 2.6 miles to 3.5 miles. Again, that's a time and distance thing. So, it considerably hampers the second due engine company required at this site, either if the first company is due -- is already tied up or if it's a structure fire reported at this location. So, what the design team brought forward to us was a keyed left tum, which would be on the realigned Rackham. We were supportive of that, because this ends up becoming -- to kind of recap the access point, aright-in access on the most westerly driveway. Access only. This is a right-in only here. Further over to the east is a right-in, right-out, with a protected left tum in there, be an island that the developer is proposing to install to separate -- to prevent, I should say, left tum movements from vehicles coming out of the project and we are supportive of that, as probably police is -- the police department is for, you know, accident -- in the interest of accident prevention as vehicles cross -- or attempt to cross a very busy Overland Road. One of the things that I discussed with the fire chief in working through our access -- unique access problem associated with this is the issue if we are able to access right here on the realigned Rackham, that we are concerned about the issue of traffic that gets stacked back here during commute hours and the developer furnished us with an ACRD traffic cam tape with about two hours of tape, one hour in the moming during moming commute hours and one hour during the afternoon commute hours. When I viewed that tape it was either obstructed approximately -- either partially or completely obstructed 14 times in the a.m. and either partially or completely obstructed approximately 18 times in the p.m. It's a perspective that the traffic camera gives you at the elevation that you totally can't see what the obstruction is, but what's important, if we can go down through our slides there, please. This -- this was some pictures that I shot yesterday via the ACHD camera at mid day and you can see obstruction in the upper left-hand comer and the lower right-hand comer and this mid day, this is not even commute hours. This is just some examples of Meridian City Council December 2, 2008 Page 9 of 49 De Weerd: Yes. Zaremba: I think I heard you say something that's new to me, but it certainly makes sense, and that is that if you have buildings over 35 feet there need to be three accesses available? The applicant is requesting to go up to 65 feet, so where would the three accesses be? Silva: Mayor, Councilman Zaremba, to clarify, that's 30 feet and anything in excess of 30 feet would require three access points. So, when you kind of go back, if we were able to maintain the realigned Rackham would be one. The signalized Silverstone would be two. And, then, the access point that's shown off of Topaz -- Zaremba: The right-in only? Silva: Yeah. Well, it's the one that's further east that kind of shows -- further east that goes through the subdivision to the east. The other choice would be to run at this point being that right-in only at the very west end of the project, for a total of three. Zaremba: So, it doesn't necessarily have to be a direct access, it just has to be a way you could get there, even if you had to drive around a little bit. Silva: Basically direct access. Yeah. Zaremba: Okay. Silva: Our preference is direct access, because we don't want to inhibit the movement into this very large project when it ultimately builds out. Zaremba: Thank you. De Weerd: Okay. Any further questions? Friedman: Madam Mayor? De Weerd: Yes. Friedman: Council Members, just one additional comment. As you will see in some of the proposed development agreement conditions, there is a proposal that the applicant contribute to proportionate share for the construction of a bridge across Eight Mile Creek, which would ultimately, then, end up at that signalized access coming out of Silverstone and with that it could be a drive aisle -- we are not necessarily requiring a full public street, but it would be a -- just vehicular access and with that access you could ultimately with the bridge being built, have three accesses into this site and we would also, then, recommend that this one stub that had been originally shown on the Meridian City Council December 2, 2008 Page 11 of 49 through here a little bit. We will start with the park and ride lot. I think, Madam Mayor, you made some comments about the park and ride lot and they were well taken. We are glad to say -- and I know Christie Little is probably glad on behalf of ACHD that it's used a lot. It's really crowded. And that's a good thing. We think primarily -- and I think Pete pointed this out -- the relocation of Rackham Way improves the safe access to the park and ride and the improvement of the site design not only enhances safer access, you have got additional parking if the lot's full -- there are no plans to necessarily to expand it. But if the lot's full you're going to have more parking opportunities and safe access, which we all want, because we want to make sure this continues to get utilized as we go forward. Nary: Joe, can you pull that other mike closer to you? Borton: This one? Nary: Either one. Borton: Okay. Nary: Yeah. That's good. Borton: Better? Sorry about. that. And ACHD's been supportive, obviously, of the continued use of the park and ride. The second issue which was addressed -- and I believe Councilman Rountree had brought it up and it was a good question, it was regarding the flood way crossing plan. So, we went back and we met with Kyle Radek and tried to confirm what .had been done and make sure it's -- all the T's were crossed and the I's dotted. You have got this in the packet -- in your packet and Eight Mile Creek and Five Mile Creek flood way study, which was done and had been approved and I will show you that memo here, which is in your packet. Part of the thing that we really teamed in reviewing the flood way study was where can we put the best crossing location. Well, the project site, in and of itself, has two access points on Overland. No additional access points are needed. If and when a 60 foot building wants to be placed there and a third access point needs to be provided, you know, that is completed when that -- or we will cross that bridge when the time comes. We will show you here a little bit what we found out -- De Weerd: I think there wasn't a bridge. Borton: Not the literal bridge. When you look back at the site plan, as we were trying to determine, in light of the flood way issues, where is the best way to assist in an off-site cooperation and one thing that we found was while this stub really didn't make sense and you will see from Mr. Radek's memo you have got about a 200 foot span here, which is -- it's just up to the project. It's obvious it's amulti-million dollar -- it's a little bigger than many portions of the Boise River. So, if we are going to -- if we are going to do an off-site improvement and we are going to try and help facilitate the med tech comdor, not only improve access to the site, improve access to Silverstone light, but Meridian City Council December 2, 2008 Page 13 of 49 wholeheartedly with Deputy Chief Silva and Chief Anderson have been great to work with on this. You know, we share the concerns that if this project is going to be successful, if you're going to have a retail shop or whatnot in this location, you want people to be able to safely get there and if there is a problem you want emergency personnel to be able to get there. That's critical. So, we agree to that. I think we have worked on a number of solutions that, in whole, they make the Council comfortable with approving the project tonight, but we will talk about those here briefly. Again, our thanks go out to the Meridian police personnel, in particular Deputy Chief Silva and Anderson -- Chief Anderson, who we met with, who has been quite frank with the challenges, but receptive to what we have tried to propose to get them fixed. One of the -- one of the key components which we think is important to give the Council and Mayor some comfort level is a letter in your packet from ACHD from Matt Edmond and, then, confirmed again by Gary Inselman, which makes reference to this left-in access on Rackham. Rackham at its current location is approximately a hundred feet, it's darn near at the intersection. In fact, one thing that I don't have in the slide, but, Madam Mayor, if I could pass out -- I brought a copy of the current existing conditions. De Weerd: You can also pull out the Elmo and show it on that. Just pull the drawer and lift that up. Borton: Sorry about that. One reason I'd pass it out also, because I want it -- you'd be able to have it in front of you as we go through some of the other slides and you can sort of see at the same time existing conditions and some of the changes. So, I have got copies if you think that would be helpful. What you're going to see -- can I mark on this as well? So -- thank you very much. Everyone knows this intersection, but it's just shocking to see what problems exist today that are -- that are being addressed by -- by this development. You can see what you have got right here is a full access within approximately a hundred feet of the intersection right now. There is no time for cueing, It's -- it's playing a game of Frogger, quite frankly, to cross lanes and get in the turn lanes to utilize whatever wants to be utilized, the park and ride lot right now. What makes the existing conditions more challenging -- and this current opportunity that much more important -- as I said at the start, the adjacent parcels are already annexed, already zoned, and it's our understanding that the parcels up to the north could come forward with a project of up to 60,000 square feet and utilize this access right here, which is an absolute disaster as it stands right now, let alone someone else trying to utilize it, so -- I have just a couple more minutes. De Weerd: You don't have a couple more minutes. Gorton: I could talk for -- De Weerd: You can summarize. Borton: I can summarize. Pete, if I can go back to this. So, what's important now is ACHD's confirmed that the left-in access at Rackham will be preserved at all times for Meridian City Council December 2, 2008 Page 15 of 49 Borton: Madam Mayor, Councilman Zaremba, I don't think that should be there. I think when the concept -- there wasn't a new ingress into that property intended. So, I guess you could ignore that additional entrance. That portion should not be any different than the original one. Zaremba: Okay. Borton: Did I answer your question? So, it's -- it's there a that one exists. I mean that's a real crude way to fix it. But that's a good question. Zaremba: Okay. Second question. 'The -- continuing along Rackham Way, if that stub street no longer need -- come back down again. If that stub street no longer needs to be there, the space and the pavement and the labor to do that, could that be moved over and make the parking lot ride just slightly bigger for the same cost? Borton: Madam Mayor, Councilman Zaremba, could it from an engineering perspective, I'm sure it could. At least the cost of doing that allocated towards park and ride. I don't know if ACHD wants it expanded, how that would happen. There has been no discussion, at least from my understanding with ACRD, to improve it or expand it. I see head shakes to the negative from our ACHD rep. I see where you're going and I like the idea, but I'm not so sure there is an option that allows for that. Zaremba: Okay. Am I right that that stub street is going to go away, though? You have no need for it if you don't bridge. Borton: Councilman Zaremba, correct. Zaremba: Okay. Just a thought. Borton: Okay. Thanks. De Weerd: Okay. Any other questions from Council? Bird: I have none. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Joe, you talked about -- we talked about building height and the three accesses if it's over 30 feet and, then, there was some proposals for 65 feet. It sounded like that if there is not three access in the early phases, that there could be some agreement that the buildings aren't going to exceed a certain height or what -- what would your folks -- what are they willing to do on something like that if there is not three accesses provided? Meridian City Council December 2, 2008 Page 17 of 49 Borton: Thank you, Madam Mayor. It's probably warranted. In the big picture, the concept -- wrap-up comments would focus on what was highlighted a little bit earlier before was this project is an island in Ada County surrounded by annexed and zoned property. While we try and have projects come in as a whole, and you want to assemble parcels and have them come in, this one can't do that. You're not going to see these people come in and all try annex as a group. There are unique challenges we think we have addressed. And when we make comment about the OptiCom as one of several solutions that all together assure emergency access that -- that Christie just talked about, that they will coordinate with fire personnel, that these requirements will be part of a DA that will be approved by fire prior to building permit. That's what we propose. One of the challenges for an application to come forward and move to those engineering stages is we need to know that the city's comfortable, will approve the annexation, include those conditions to be met within the DA and don't allow any building permits until they are done -- until that's accomplished and that's what we propose. The striping, the signing, the OptiCom installation, the assurance that there is proper alignment with the fire truck and that -- so it works on Overland, that needs to be accomplished prior to building permit. We can't go spend the funds to engineer that, we can't go dig up ACHD's street and install that, obviously, without knowing that the city is comfortable that we have addressed the emergency access issues. Nothing's perfect, nothing ever is anywhere, but we think the combination of solutions that we have provided, again, with Deputy Chief Silva assistance, to assure emergency left-in access through this approved project site. And we appreciate your time and attention and patience. We'd ask that you -- that you vote to approve the annexation and that the DA come back with those specific elements. De Weerd: Thank you. Council, any -- Bird: I have none. De Weerd: -- questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Again, one of the smaller points, but exploring the OptiCom idea again, the center, of course, would be on the fire truck. The first assumption is that the receiver would be at the intersection of Overland and Eagle, but I -- if I'm understanding you correctly and it probably makes more sense, there is a receiver at Rackham that would operate the signal at Eagle and Overand. Borton: Madam Mayor, Councilman Zaremba, before I babbled on too long that was kind of where Iwas -- I was trying to go, because I think that's a great question. What would happen is -- and I will be extremely crude and quick in this -- is you would have an OptiCom -- and I'm generally speaking -- in this location, an additional one, so as emergency personnel tum on their green light, this gets triggered to make this green. Meridian City Council December 2, 2008 Page 19 of 49 Bird: I have nothing further. Hoaglun: Question for Deputy Chief Silva. De Weerd: Okay. Hoaglun: I just want to know your thoughts, Joe, on that type of system. I mean it's not a perfect system. I mean I don't know if there is something we can make more robust. I think of some of these crossings, like at Lowell Scott on McMillan where you actually have lights that stop traffic to let -- could you do something like that on half that road to keep that traffic from crossing that line with an OptiCom system, but I'd like to know your thoughts on this. Silva: Thank you. Madam Mayor, Councilman Hoaglun, I want to talk -- you know, speak to that. I appreciate that question, because it's an excellent one. There was quite a little bit of debate about this -- whether or not this would solve our access problems,. especially with the OptiCom. Our preference and our discussion for the fire chief is that we have alighted -- stop bars or painted white lines, that that would help draw attention to the fact that that -- we need to have a keep clear zone bars, painted white lines, that would help draw attention to the fact of that keep clear zone and, obviously, that's been an application, because it's been applied in Nampa. There are some concerns here and Mr. Borton referred to it. You know, the time it takes the reaction -- the reaction time, the signal would cycle, six seconds, for example, for it to turn green and approximately 14 seconds for it to start to clear, but when we move through that many vehicles stacked going westbound, that takes awhile for those vehicles -- you know, once a fire truck and, you know, the -- I guess the distraction of a fire truck going by for them to realize, oh, the light has turned green, I now need to move forward. I can go. That takes a little while for that reaction to set in for the cars to start -- you know, start moving forward. I honestly do think that that's going to be a problem and this particular application or approach is -- is not something we have applied in any other intersection or area or project within our jurisdiction. The other -- the other concern and the most likely scenario at this location, that being an EMS call, that constitutes about 80 percent of our -- our business. If you try to consider what would happen in there you would have the first responder coming from Fire Station Four on Eagle Road. The secondary unit-would be the ambulance coming most likely out of St. Luke's. So, they now approach and whoever see -- whatever vehicle or whatever sensor sees the first vehicle, that's going to grab that signal and control it. So, most likely Fire Station Four with first access to the signal area to Overland control that, they make their right, and roll around the comer. One of the other concerns is it's going to be quite a wait for the EMS unit coming out of St. Luke's if you kind of think about it, because now the light has turned green for westbound Overland and now no vehicles can move southbound, equipped with OptiCom, so the ambulance has to stage back for sometimes -- I think as much as three and a half minutes for recovery of the traffic signal to get back into the normal sequencing and to allow the ambulance to gain control of that intersection and perhaps Christie can speak to that more accurately, but Meridian City Council December 2, 2008 Page 21 of 49 we think you could feel comfortable approving it with -- with that caveat, because I think we -- I think we can get there. But to keep the intersection clear, that's a great question. De Weerd: We just hope we have more alert drivers. I'm sorry, I just couldn't stand that. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: My comment on -- and that's why I was trying to think, you know, what -- what other things could be done and I mean because it -- something has to be done if this property is to be developed before that other comes in, a third access point, you know, that's what I'm trying to think and I'm not a traffic engineer and don't study this stuff, but, you know, I think of those crossing guards where they -- they stop traffic and -- and let the kids cross McMillan Road is where I'm thinking of just east of Lowell Scott and -- because you have heavy -- heavy -- heavily traveled roads, it's five lanes, and I don't know if something like that works. You know, the lights on the -- they also have lights -- blinking lights and the striping, but then, they have an overhead and I didn't know if -- if we have an overhead there for that westbound traffic, if that turns red, so people know they come to that point, they have to stop and you have clearance through the -- through the intersection on Eagle Road if that would help or if that's just an added expense that doesn't help. You know, I want to talk about solutions that just cost money and really don't do what they are intended to do, but I don't know, I'm just trying to think of ways -- how can we make it work for that -- for that time being, but I don't know if there is anything else like that out there or e and if I might ask Deputy Chief Silva, in Nampa what you're talking about is just the -Nampa uses the blinkers within the -- the striping. Silva: That's correct. Madam Mayor, Councilman Hoaglun, I want to also comment on something that you just said that perhaps we could have a flashing yellow light that would be similar to the signal at station one. One of the problems we have experienced, quite frankly, have been the -- when the motoring public becomes accustomed to just seeing that yellow flashing light when it sequences to red, they don't stop. That's the experience that we end up -- what we have considered in our future signal installations at fire stations is a full -- it would totally work like a conventional signal with a green, yellow, and red, which is something that they are accustomed to looking at and they are actually cued to-look at it and respond to it when it turns red and we think we might have a greater success rate -- Boise fire, for example, installed that at Fire Station 14, which is their new station in west Boise and they seem to have greater success with that type of signal installed in front of their stations. Hoaglun: Madam Mayor, I just think, you know, we'd have to get ACHD partners on board with something like that to explore it. I mean this is -- just to see if there is something that could be done on something like this. I don't know. Meridian City Council December 2, 2008 Page 23 of 49 Bird: Before I make a motion here, I -- I think they have went out -- this applicant, with the help of our staff and our fire department, has went out and probably for the situation done as good a job as they possibly could and while it's not probably a hundred percent fool proof, I think it's about 90 percent. At least it seems like to me it's a workable solution that they have agreed upon and have worked hard to do. And my -- my concem when we denied this was -- was the emergency access, so I think they have taken care of that. I would have no problem with the stipulations that's been set forward by the applicant and by the staff and public testimony to pass this, but I'll let -- before I make a motion, let the other comments come out if they want. De Weerd: Clint, any final comment on the flood plain issues? Public Works feels that those have been resolved with the new proposal? Dolsby: Madam Mayor, Members of the Council, the only concem that we do have that's remaining. It's up off of Eagle Road where I think they showed some photos of where they had widened the road to include a sidewalk there. If we continue that widening going north, we would need to make sure there is rise in that area. But the other area where they are proposing the crossing, I think that looks fine and that's complied with the requirements that we need, the crossing that Mr. Borton proposed that he'd work with Kyle on. De Weerd: But that's just something that can be worked out -- Dolsby: Yeah. De Weerd: -- as the project moves forward. Dolsby: Yeah. Would make sure they have no rise when they come through with it. De Weerd: Thank you. Pete. Friedman: Madam Mayor and Council Members, just a couple of other suggestions, depending on which way you go. As we said on the site plan that we really don't see a need for this stub up here and the concem that Council Member Zaremba raised about eliminating the access on this curve there, we would -- we would also recommend that the development agreement include a revised site plan eliminating that stub, eliminating that driveway and, then, showing a stub, whether this building moves or somewhere showing a stub coming to the edge of the property line over here for future crossing of the creek there. In addition, I think we would want to work with Mr. Borton and articulate language that he was directing to Council about the solutions for the access at the relocated Rackham. I don't have that language currently in a proposed development agreement, so we would want to get that language from him. De Weerd: And those were all included in discussions I know. Certainly the stub and the closing off of the -- I guess the sub further south was part of your discussion with the applicant as well. Meridian City Council December 2, 2008 Page 25 of 49 De Weerd: Okay. I have a motion and a second. Any discussion? Hearing none, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. We have Item 9 is on VAC 08-001. Friedman: Thank you, Madam Mayor, Members of the Council. This is a corresponding application or concurrent applicant with this. The issue we had before was -- as Council -- when the Council denied the annexation previously there was no need to move forward with the vacation of the right of way of the existing Rackham Road, but now that Council has voted to approve the annexation, we would recommend that you also approve the vacation of the existing right of way of Rackham Road. De Weerd: Does the applicant need to add anything? That's good. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I move we approve VAC 08-001 and to include all staff comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 9. Any discussion? Hearing none, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Public Hearing: AP 08-005 Request for City Council Review for an Appeal of the Planning Director's denial of Instant Equity Auto's request for Certificate of Zoning Compliance approval (CZC 08-010) to operate without connection to city services AND denial of an Alternative Compliance (ALT 08-004) request for reduced landscape buffers adjacent to Fairview Avenue and a residential zoning district for Instant Equity Auto by The Land Group -1065 East Fairview Avenue: Meridian City Council December 2, 2008 Page 27 of 49 Burrup: Just want to thank you for reconsidering our application. We feel that the work we have done with the city staff over the previous six weeks has been very productive. As Mr. Friedman pointed out, the items that we are -- that we are at this point willing to put into the development agreement, I just want to point out one more thing. In a prior public hearing we had -- you had asked the question of what type of work we were going to do in the garage located at the rear of the building. And at this time we do have a need to do vehicle service and detail for the cars that we sell and get prepared to sell. What we would like to do is be able to raise the roof on that building in accordance with the building department, get the permits that we need for that, be able to raise the roof, so we can put a vehicle lift in there and do the service. It would -- it would be -- we don't market service to the public. It's for our own in-house use and occasionally we have customers that have bought cars from us. that will need something and so we do that. But outside of -- outside of that, we just want to add that point to clarify prior questions in City Council meetings. De Weerd: Had you shared that with staff? Burrup: Yes. In fact, I detailed that in this letter, which was given to staff and I think it -- we, actually, provided a copy of the letter to -- to go to you as well prior this meeting and we talked about it with Anna at length. She just thought it would be a good idea for us to make sure it was brought up to you. According to the city code and everything, she and Bill Parsons looked it all up and were within the -- the allowances of the zoning -- what the zoning allows by doing that, but we just wanted to clarify. That's what we desire to do. De Weerd: And the existing septic system is adequate to that kind of use? Burrup: Well, we -- our plan, really, now is to -- you know, with two years we are most likely just going to hook up to sewer right away, just -- it probably won't make sense to have to tear out things later again. We don't need to have a bathroom or anything like that out there, so it -- you know, the Central District Health Department will have to approve the building permit that we do as well and if it's not okay on the septic, then, you know, Iwill -- I'm sure it would be denied through the building permit process. But if we do go ahead and connect to city sewer right now like we are thinking we will, it won't be an issue anyways, it will be connected to the city sewer -- to city services all together. De Weerd: Well, Pete, I guess in your evaluation with the kind of disposal with having repairs on site, is a septic or our plans -- is that something Central District Health will require a hookup to city services? Friedman: Madam Mayor, Members of the Council -- Madam Mayor, I would have to check with them to double-check, but I would think that the -- I'm sure they'd probably allow that use on a septic system in the county, but we -- of course, we would prefer they connected to city services right away when they are annexed and into the city, but I Meridian City Council December 2, 2008 Page 29 of 49 Hoaglun: Question for Dan, then. So, primarily what you're needing that building for is as you receive cars, cars come in you prep them for sale, there is minor work needed, that's -- that's where you want to do the work. A customer wants -- they drive a car off the lot, they are going to buy it, they come back, say, you know, I have got this rattle in there that -- that wasn't there for the test drive, can you check it out. I guess just to reconfirm -- that's, basically, what you're going to be doing in this -- in this facility that you're going to raise the roof on. Burrup: Yeah. Yeah. Absolutely. And, you know, that's why we can't say we are not going to charge. I mean sometimes vehicle sales are as is sales and, though, a majority of the time we just take care of our customers, there are the occasions when we do need to charge for the services that they ask for and so we -- we would need to be able to -- to do that. But, like I said, it's not something that we are going to go out to the public and say come get your -- you know, AC service done here. Hoaglun: Madam Mayor, that's what I was going to follow up. So, you buy a car from us, we will grease job, oil change for life, and all of a sudden you got a traffic, you know, going in and out of there. That's not something you're going to be doing at that location. Burrup: Well, we would want to bring people back to do those types of things through us. The service that we -- you know, our marketing plan is to bring people continuously to the lot, but it's -- it's to our own customers that have come in and bought cars -- we want to take care of them throughout the ownership of their vehicle and we want to offer our services to them throughout that time. But, like I say, to put an ad in the paper or to advertise on our signage that we are going to -- that we are a full service shop, that's not our objective. We do just want to be able to take care of our customers. Hoaglun: Madam Mayor, I have a question for Pete. De Weerd: Uh-huh. Hoaglun: If you could educate me on the zoning request and what they are talking about doing with that. Is that in compliance or are we in a gray area or are we okay with that? Friedman: Well, I think we are somewhat in a gray area given the kind of storied history of this site, as I understand it. Primarily the auto sales is a permitted use and, actually, vehicle repair is, but, you know, again, because we are trying to craft or get a use onto the site that hadn't been originally contemplated in the original development agreement, I think if we can add a condition to the development agreement among the other things that somehow that this shall not be used as a general vehicle repair and servicing center, that it, really, should function and be secondary to the principal use of the site, which are retail sales -- or sales of automobiles. That any repairs and servicing is subordinate and, you know, shall not be advertised or represented as being available to the general public. Did I answer your question, Councilman? Meridian City Council December 2, 2008 Page 31 of 49 Burrup: Yeah. Bird: He can always come back and if he wanted to add a couple three more bays on, but -- Burrup: Right. Bird: -- at this time. Burrup: Absolutely. Bird: Okay. De Weerd: I just wanted to add that clarity. Hoaglun: That they would be allowed to raise the roof the four feet to accommodate the lift, yeah. Bird: Sure. I don't see any problem with that. I just don't want them getting bigger. Hoaglun: Sure. Bird: Because I think that they got -- what he's telling me is -- I don't know if they are going to be capable of changing -- and this small of building they are not going to be able to do too much, but -- De Weerd: Okay. Any other questions from Council? Okay. Thank you. Burrup: Again, thank you for your reconsideration. De Weerd: Thank you. This is a public hearing -- yes, sir. Christensen: Madam Mayor, Members of the Council. This is a much nicer facility by the way. I'm kind of a big dude, so it's nice to have the room. Just not to beat a dead horse, but just to -- De Weerd: If you will, please, state your name and address. Christensen: My name is Ed Christensen. 10221 Fairview Avenue. Instant Equity Auto. Just to kind of put it in perspective, at this point we are not a franchise, so it's not -- the oil changes lifetime things -- we are a pretty small organization. Right now we have got about a hundred cars. We have got one mechanic. To put it in perspective, with the -- the facility that we are looking at now, raising the roof, we can only put one lift in that building still and now at this point we would have doubled our inventory, so we are nearly looking at 200 cars. I'm already paying my mechanic overtime as it is, so we really don't have the capacity at this point to bring in people off the street and that type Meridian City Council December 2, 2008 Page 33 of 49 Document development commitment regard to south property line, five foot buffer and eight foot fence -- five foot buffer is provided and the applicant now proposes a six foot fence, which I think is probably more legitimate and more. used out there, so I would go along with a six foot fence. Allow the septic system to be in place for 24 months, but within 24 months they will be hooked up to city water and sewer. And applicant to provide cross-access as indicated on the revised site plans. And with that I also would include all applicant, staff, and public testimony. Hoaglun: Second. De Weerd: Okay. I have a motion and a second. Zaremba: Discussion? De Weerd: Discussion, Mr. Zaremba. Zaremba: Did we want to add a fifth element to the DA, allowing raising the roof, but not expanding the facility to -- beyond its use for nonpublic use? Bird: The maker of the motion would have no problem including that in. I'm sure that with the testimony and stuff that Mr. Nary would add that in. These four points were the ones I just wanted to make sure were put in and that's what the staff had requested and -- but I would agree with you, Mr. Zaremba, that that's probably a good point to make, that we do get that in, too, and I'm sure Mr. Nary's already noted that. Hoaglun: And the second agrees. De Weerd: Well, I would note that it is public use, it's just -- until they are hooked up to sewer, they are agreeable to calling it a secondary use. But I mean their customers are the. public, so -- Zaremba: That's true. De Weerd: So, it all depends on what your definition of public use is and I just don't want that to limit and be interpreted by someone that wasn't involved in this decision. So, I'm sure Mr. Nary can craft that appropriately, but I just wanted that clarified on the record. Bird: And the maker of the motion would agree with that, Mayor, that we are not encouraging solicited business. Hoaglun: Yes. De Weerd: Okay. Any further discussion, before I really get confused? Okay. Madam Clerk, will you, please, call roll. Meridian City Council December 2, 2008 Page 35 of 49 study and that additional landscaping be required on site to comply with our current UDC standards. The applicant -- also, the Commission and the applicant discussed the fact that the applicant should not be required to install the 35 foot wide landscape buffer adjacent to Eagle Road, due, in part, to slope conditions that exist there and I believe we have documentation on the record from ITD saying that it would not be appropriate -- we considered this also when we did some CZC's for the existing building. Or we didn't do existing CZC's, but we did consider it when we were reviewing the existing building on the site. The key Commission changes to the staff recommendation were that a development agreement be added that the applicant not be required to install the landscaping buffer. However, one outstanding issue for the Council is that there needs to be clarification that a CZC -- a CZC would be required for the existing buildings and all future tenants for a change in use from industrial to commercial. As it's happened since the previous mattress company left that area and Sleep With Grace went into occupancy of the building, when you look at their activities, they really are more geared towards retail than warehousing. About one-third of their space is warehousing. The rest to show room and retail and that would be consistent with our code, because a change of use would require a CZC. So, the Commission recommended approval of this to you at their November 6, 2008, public hearing, with the recommendation that a specific development agreement provisions being included to prohibit drinking establishments. That a new trash enclosure be constructed that complies with UDC standards and specifically the chain link fencing, with or without slats, does not qualify as screening material. That there be a five foot sidewalk constructed adjacent to Lanark along the north boundary of the site and construction of a ten foot wide multi-use pathway on the west side of Eagle Road along the east boundary of the site within the right of way or within a public access easement and that street lights be installed consistent with the Eagle Road corridor study. Also that the site and the future users will comply with current UDC standards and that they obtain fire department approval for a tumaround on the site that meets current fire code requirements. Right now the site is a little constrained as to the ability to get a fire apparatus in there and tum it around, although I know Deputy Chief Silva has looked at the site, staff has looked at the site, and we believe there are -- is an ability to just do some restriping within the parking lot to achieve the type tumaround that the fire department has requested and, again, that CZC applications also be submitted for changes of use on the site. So, with those provisions in a development agreement, the Commission has recommended approval of the application to you. De Weerd: Pete, I would have a question on -- what is the traffic impacts in I-L versus C-G? Friedman: I-L, probably, is a little bit lower than C-G I would think, because it's more light industrial and so forth. C-G, which is general commercial and retail, probably have a little bit greater trip generation than I would think warehousing would be. De Weerd: But not something significant enough to be concerned on the left-hand turn movement onto Eagle Road? Meridian City Council December 2, 2008 Page 37 of 49 Hoaglun: Okay. And, then, to follow up, Madam Mayor, then -- but they are going to be required to construct a ten foot wide multi-use pathway within that right of way, is that -- Friedman: Within the right of way, Council Member, or within an easement if it so -- you know, if -- depending on where the right of way is in relation to their property. Hoaglun: Okay. So, there is room to be able to put that in and with the slope -- I mean it could get a little tricky, but -- Friedman: Well, then, they have to do some form of retaining structure put in to support it or a portion of it. Hoaglun: Okay. Thank you. De Weerd: Okay. Anything further? Would the applicant like to comment? Good evening. McKeegan: Good evening. Madam Mayor, Council Members, my name is Patrick McKeegan. My address is 280 North Latah, Suite 100, Boise, Idaho, and I'm representing Mr. Sigmont in this matter. As you may recall, about a year ago we came before you with a similar request in conjunction with a conditional use application. Both of those were denied at that time and we feel that we paid attention and that's the reason we are back before you. We, actually, came to the city and said we would be willing -- we actually requested the development agreement, so we could be very clear as to what we -- what we wanted and what we would agree to and what everybody was going to get. And for the most part this -- this application is -- is the same as that, with the exception that the development agreement would not allow any drinking establishments in this location. It's just not appropriate. And there is really no need for it. This property -- the property directly to the -- and we are going to -- I'm going to be playing with the new toy here, so we are going to see how this works. This property -- on, that doesn't work. That is already zoned C-G. Come back. Okay. The property across the street is zoned C-G. The property south of Franklin Road on this side of the street is zoned C-G. This little piece here is just a one or two lot enclave that have not been zoned C-G. We feel that C-G is consistent with the rest of Eagle corridor to act as a buffer between our use -- between Eagle Road and the much heavier industrial uses behind us. The difficulty Mr. Sigmont has had trying to lease this property over the last three or four years is that as an industrial use it's not really large enough to provide for industrial users. The buildings have already been constructed and we consistently get people that want to come in and provide like retail services or office services, but when we tell them that it's going to take a process of a conditional use, which may or may not be approved, then, they go down the street to somebody else and we end up with a building that stays vacant. The rezone would also eliminate the need for us to be coming in here and spending our time and your time on conditional use applications for every use that we felt we need -- was appropriate for the site, but was not a part of allowed in the industrial zoning. The site as it sits, with some minor modifications or some minor tweaks that have changed because of code changes since we originally Meridian City Council December 2, 2008 Page 39 of 49 ordinance by a factor of four, so we have plenty of spaces, we can lose a couple of spaces and put in the hammerhead and meet those requirements and we will work with Mr. Silva and his staff to do that. The buildings have been constructed. They are in compliance with the city. They are attractive buildings, we don't plan on doing anything to the interior, except there may be some signage applications, which would be a separate application and, again, once we get the -- once we pull the first application, we will probably -- we will have a CZC application with that, which will take care of all the zoning problems and after that point we wouldn't anticipate needing to have those applications, because we -- unless an ordinance change and we have a significant change in use, but we have no problem with the requirements as stated. Just to -- I guess to conclude, we feel that the C-G zone is appropriate, because it -- you really do need -- this is one of the -- this is near one of the main entrances to the city and I don't believe that -- I mean we have had -- I don't believe that you truly want, as people come down Franklin Road with R.C. Willey and all their landscaping and stuff on one side and how the rest of the city is developing, on this -- on our side of the road, on the east side of the road, to have some of the industrial uses that could go in there right now without any kind of approval and they are pretty heavy -- heavy types of things. I think that Mr. Sigmont has spent a lot of money on the property at making it attractive, because he wanted to have an attractive building that would match the rest of Eagle Road to help the city and, obviously, to help him lease the product. If you remember what the buildings looked like five years ago, the old concrete pre-cast things, we have come a long ways and we have made a significant investment and now we are asking for your approval of the rezone, so that we can at least have parody with the rest of Eagle Road. I understand that there is currently, you know, 150,000 square feet or whatever of retail space available on Eagle Road, but at this point Mr. Sigmont does not have parody without the zoning that the rest of the -- of the comdor does have and we just really want to have it and we hope that what we have done is going to help as the property to the north develops and the property so the south that is zoned like this, develops it will be consistent. And with that I will just, again, reiterate that we are in agreement with stafFs conditions of approval and the development agreement and we will stand for questions. De Weerd: Okay. Thank you. Council, any questions for the applicant? Okay. Thank you. McKeegan: Thank you, ma'am. Thank you, Council. De Weerd: It does not look like there is any further public testimony. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Pete, I got question. While I'd like to see a sidewalk on both sides all the way down there, I don't think you're going to see -- you don't have any now and you're probably not going to -- this would be the only piece of sidewalk you would have. How Meridian City Council December 2, 2008 Page 41 of 49 McKeegan: Madam Mayor, Councilman Bird, we do have curb, gutter, and sidewalk along Lanark Street. Bird: You already have it? McKeegan: Except for that little piece at the comer. We have had to provide that during the last project. Friedman: Correct. McKeegan: We have -- we have ACRD approved curb cuts and our property is improved. We have the only piece of sidewalk on Lanark Street. Bird: Why am talking, then? McKeegan: Sir, I do not know why -- Bird: I misunderstood you, Pat. McKeegan: And we agree that -- Bird: It's there, let's leave it. Friedman: Madam Mayor and Council Members, there is a portion of sidewalk on there, again, as Mr. McKeegan said, it's just a portion that wasn't put in on the eastern section of the site. McKeegan: Maybe six feet. Five or six feet. De Weerd: And I would wonder if the ten foot pathway would be -- that was more what I thought you were referring to. If -- I don't know where he's going to put. a ten foot pathway when you have a two foot to 18 foot difference from one end of the property to the other. McKeegan: Might -- Madam Mayor, Members of the Council, I think our -- we are not trying to get out of the requirement, but I'm like you, I don't like building things and, then, having them tom out, you know, when the development down at Eagle Road and Overland went in and they -- they had the funding to completely rebuild this comdor, and all of a sudden we have spent ten or 15,000 dollars on something and they come and bull doze it and, then, they got to spend ten or fifteen thousand more dollars of the taxpayers' money. I think if there was a mechanism where we could, you know, trust fund for it or agree that at the time the improvements are made that we would -- what it would work to accommodate that, I think, you know, we would be willing to do that. We never -- Meridian City Council December 2, 2008 Page 43 of 49 Hoaglun: Second. De Weerd: We have a motion and a second to close the public hearing on Item 11. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I had a question for Bill. Bill, in the -- in the development agreement, that ten foot wide -- I agree with the Mayor, I -- right now I -- I don't know how you put that thing in and have it practical. Is there a way we could tie into the development agreement that when it becomes applicable that they would do that at that time, without having to put up a bond or anything like that? Is there any way we can tie that -- legally tie that to the development agreement, Bill, and would be -- if he should sell the property would still go with the property? Nary: Madam Mayor, Members of the Council, we can certainly put a condition in the development agreement. I think the problem is -- and we have had that discussion among some of your other projects tonight, is -- is the timing and enforcement. Obviously, we can force a development agreement through your typical contract remedy, but, you know, .normally, we have a much stronger hand when it's tied to a building permit, a CZC, or something else that -- so, without -- without having some letter of credit or something else held up for it. Because, essentially, what you're wanting is at some future date if it doesn't get done, that we have the ability to do it and using the contract remedy in a lawsuit and those types of things as a remedy may be difficult to fashion now into an agreement with language that gives us some future date that the city decides now is the time to build the -- or construct something. Not saying we can't, I'm just saying it's probably -- it may be more difficult to enforce. Bird: Okay. Thank you, Bill. Madam Mayor? De Weerd: Mr. Bird, just a minute. If -- if that can be researched so that it's -- the DA will need to come back; right? Nary: Right. De Weerd: Okay. If that could be researched and maybe appropriate language if -- if you can't find a mechanism that would work, I guess you just put in the ten foot path provision, but -- in lieu of another alternative, I guess. Nary: We can do that. Meridian City Council December 2, 2008 Page 45 of 49 Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1391, an ordinance AZ 07-012 Meridian Town Center, Center Cal, for annexation of two parcels for annexation purposes situation in the southwest one quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands to C-G, general retail and service commercial district, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: City of Meridian Ordinance No. 08-1392, an ordinance AZ 08-003, Regency at River Valley, for annexation of a parcel of land a portion of the southwest one quarter, northwest one quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands to R-40, high density residential district and C-C, community business district, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard these two ordinances read by title only. Is there anyone who would like hear it read in its entirety? Seeing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ordinances 08-1391 and 08-1392, with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve these two ordinances. If there is no discussion, Madam Clerk, will, you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council December 2, 2008 Page 47 of 49 Holman: Madam Mayor, Members of the Council, Bill, it looks like Item E on the -- 4-E, that's a continued public -- continued public hearing from November 25th for the -- 2007 consolidated annual pertormance -- De Weerd: Yes. That's our Community Development Block Grant. That has been officially set. Bird: We have to hold the 16th. Yeah. De Weerd: Yeah. Nary: And, Madam Mayor, Members of the Council, I guess I was under the understanding Council Member Rountree is not here next week, but is here the 16th. De Weerd: That's what Mr. Bird said. Bird: That's not what the a-mail said. Holman: No. The information -- the dates that he gave me said this week and the 16th. Nary: Oh. My mistake. Holman: Now, whether he gave me the wrong dates or not, I don't know. But I wrote down -- Bird: He will be back -- he will be back Saturday. Holman: Okay. De Weerd: This Saturday? Bird: Saturday or Sunday. Yes. He told me. But I don't know where he's going the 16th. He just told me he was -- Nary: Sony. De Weerd: I thought he was gone through the 10th. Bird: I don't know either, Bill. I'm just with you. Just call the meeting, Tammy, and we will be here. De Weerd: Okay. Well, very good. We don't have a meeting next week. Dang. Lucky you, Tracy. You got the good month for this. Bird: Madam Mayor? Meridian City Council December 2, 2008 Page 49 of 49 ATTEST: cJ ~ , ~~ JAYCEE . HOB, ~ ~k,~RK .~ o~°~ ,~, rF o $E,AL 9 O~ ~~ ~ ~O ~~ ,,,,,.~ e o~~,,,~ overt '//0j«ffflfltllllllll\``\ November 26, 2008 MERIDIAN CITY COUNCIL MEETING December 2, 2008 APPLICANT REQUEST Change Order No. 1 with Civil Su for the Not to Exceed Amount of $15,064.OC ITEM NO. S-A Consultants for Well 27 Design 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: See cltached A-p~x°`re-- OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. u CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • Change Order No.: 1 Project Number. 06700 Date: 11/20/2008 EfReilive Date: CONTRACTOR: Clvll Surv®y Consultants PROJECT: We1127 Design The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Dasciptlon: 1 } Additional Design and Construction Staking. 2) Artesian flow well head Design. 3) SCADA programming. 4) NMID License Agreement Update. 5) Rate Adjustments for design fees and construilion services. 6) Change in Subcontractor Reason for Change Order: Change in Scope of work. Attachments: Letter of Request from Civi) Survey Consultants CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $26,500.00 Original Contrail Completion Date: Original Contrail Completion Days: Net changes from previous C.O.'s.: Net Days change form previous C.O's: No. 0 to Q No. 0 to 0 $0.00 Contract Price Pdor t4 this C.O.: Contrail Completion Date before this C.O.: $26,500A0 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $15,064.00 Contract Price with all Approved C.O.'s: Contrail Completion Date with all Approved C.O.'s: $41,564.00 RECOQMMEND D: (CONSTR C~T~O MANAGER) ACCEP QNT TOR) ~ By: B~zENT A• 849 K / ~~~.r c~,f1' By. ~Tii+ro Date: //- ,2 5 - Zoo ~ ate: ~ //- Pi APPROVED: (ciTY pu c ING AG COUNC[L APPROVAL By: Keith Watts II "~ ~~~~~<<tiuuiull -h / ~ ~,,, ~`~~, i~~r,' / Date: ' D t \` ~ ~~ 'I~ ' ~ ~ ~ _6 a e: ~ ~ / 'r ` i r APPROVED: TTEST: ~~~ 2 ~T~ S~l~ By: Mayor Tammy de We$fd By: City Clerk, Jaycee Holtifan ~ Date: ,~// 12- ~ -O ~ Date: 1~- S - O ~'~ c~ ''''''~~---h'yrt'' yj1'~~~~~~~,`~~ \J Glean K. Bennett, P.LS. President Timothy A, Bur~ss, P.E• Vice Presidera civil Srurvey ~onsliltants, Inc. 14x0 E. Watertowar Sk suite >ao Meridian, Idaho 83642 (Z08~888-4312 Fex 888-0323 November 5, 2008 Kyle Radek, PE City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Re: City of Meridian -Well No. 27 Dear Kyle: Our Agreement for T'rofessional Services for the Well 27 project was executed in November 2004, Since then, the project has changed adding additional work effort not anticipated when the original scope of services was prepared„ I am requesting a supplement to the original agreement to cover this additional work and adjust for the four year delay in completion ofthis project. I have enclosed a copy of the original executed agreement for your reference. I have also attached a summary of alI billings as of 1114/08. As of November 4, 2008 we have billed a total of 18,474 for design fees. This number is $900 higher than shown on my November 4 billing due to the fact that I had not included my March 5, 2006 billing in my budget summary. I will correct this during the next billing cycle. Work that I consider a change in scope is as follows: 1. The Cherry Lane Christian Church needed to install landscaping along the northerly edge of their PreAerty ~ Apri12006. This required that the by-pass/flushing pipeline from the well lot to Ten Mile Creek be constructed as a separate project, The separate project added design effort and construction staking that was not originally included in the scope of services. I estimate the fees for additional work associated with this change are one half of Bills No. 2 and 3 and all of Bill No. 4 for a total of $2,185.04. 2. When Well 27 was actually constructed it was found to be a flowing artesian well. This required that we prepare a special separate detail for a well head capable of diverting the artesian flow during development and test pumping. Since you still planned to postpone design and construction of the pumping facilities, Ed Squires recommended that you have the ability to flush the well to preserve water quality until the pumping facilities are installed. This required that we prepare a separate set of design plans for improvements to handle the artesian flow until the P~F~ facilities are constructed. I estimate the fees for additional work associated with this change are all of Bill No. 6 and one half of Bills No. 9, 10 and all of Bills No. 11 and 12 for a total of $5,03b.50. • • Radek November 5, 2008 Page 2 of 3 3. When the original scope of services was prepared city policy was that the contractors install a SCADA panel and antenna furnished by Meridian. All SCADA stazt up and programming was performed by Meridian once the well was completed and accepted. This policy has now changed so that the equipment will be furnished by the contractor as part of the construction contract and SCADA programming will be provided under the design services contract. DC Engineering's fee proposal for the SCADA programming is $2,500.00. 4. You have requested the new pumping facilities include the ability to by-pass flows whenever the well starts after remaining idle. This requirement was not included in the original project. The License Agreement with the Nampa Meridian Imgation District allowing for flows to be by- passed to 'Ten Mile Creek was obtained prior to this new requirement and does not allow for this type of discharge. A modification to the existing agreement will be required. Since Ten Mile Creek is a drain rather than a canal I anticipate that obtaining this modification will be possible, but I have not approached NMID regarding this issue at this time. Assuming everything goes smoothly, I estimate approximately 8 hours of Project Engineer time will be required to update the license agreement, which will add approximately $760.00. This does not include any direct expenses for charges by NMID's attorney, which I will pass through at cost. 5. Originally Well 27 was to be constr~ccted in ZOOS. Construction was delayed due to water quality issues discovered when the test well was constructed, and due to changes in anticipated demands in the area. Billings submitted to date have been made at the current hourly rate at the time of billing. There are some original budgeted hours that aze not currently billed, ar included in another supplement item, for which I am requesting an increase to adjust to current rates. I have attached two spreadsheets to support this request, one for the design fees and one for the construction services fees. The combined total for this item is $4282.50. 6. I originally planned to use Mulder Engineering for electrical design and Kartchner Engineering fox mechanical design. On my recent projects I have been using the services of DC Engineering for both electrical and mechanical design. It is my understanding that DC Engineering is also providing most of the SCADA programming for Meridian making them a good choice for this projecK. I have enclosed a copy of their proposed scope of services and fee estimate. This proposal includes $5,000 for electrical and mechanical design, which is $300.00 over the original budget. The following summarizes the fee adjustments requested above by item number: Change No. 1 = $ 2,185.00 Change No. 2 = $ 5,036.50 Change No. 3 = $ 2,500.00 Change No. 4 = $ 760.00 Change No. 5 = $ 4,282.50 Change No. 6 = $ 300.00 Total Fee Increase = $15,064.00 Radek November 5, 20~$ Page 3 of 3 I spoke to Fd Squires this morning regarding the well. He indicated that his proposal to restrict portions of the well screens for water quality purposes should not affect the selection or design of the pumping equipment. Ed is not finished with this design, but indicated he would have well capacity and drawdawn information to me by next week. For purposed of this supplement I have assumed we will have a standard vertical turbine pump configured for the artesian well. Please let me know if you need any additional information to support this request. Sincerel /~~~L~'' im Burgess, P.E. enc. Memo Ta Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Brent Blake, Kyle Radek Date: 11/24/08 Re: Dec 2 City Council Meeting Agenda Item The Public Works Department respectfully requests that the following item be placid on the Dec 2 City Council Consent Agenda for Council's consideration. Approval of Chance Order #1 for Civil Survev for Well 27 Design. The change order is the result of additional work not anticipated in the original scope. Recommended Council Action: Approval of Change Order #1 to Civil Survey Consulthn~ for the NOT TO-EXCEED amount of $15064.00 and authorize the Mayor to sign and City Clerk to test Thank you for your consideration. • Page 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Ghange Order No.: 1 Project Number. 0670c Date: 11/20/2008 Effective Date: CONTRACTOR: Civil Survey Consultants PROJECT: Well 27 Design The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Desctption: 1) Additional Design and Construction Staking. 2) Artesian flow well head Design. 3) SCADA programming. 4) NMID License Agreement Update. 5) Rate Adjustments for design fees and construction services. 6) Change in Subcontractor Rsason for Changs Order: Change in Scope of work. Attachments: Letter of Request from Civil Survey Consultants CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $26,500.00 Original Contract Completicn Date: Original Contract Com lotion Da Net changes from previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 0 No. 0 to 0 $0.00 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $26,500.00 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $15,064.00 Contract Price with all Approved C.0 's: Contract Completion Date with all Approved C.O.'s: $41,564.00 RECOMMENDED: {CONSTRUCTION MANAGER) ACCEPTED (CONTRACTOR) By: BY Date: Date: APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPR01/E ATTEST: By: Ma r Tamm a rd ~ By: City Clark, Jayt~e Holman Date: Date: L~ G3enn K. Beimett, P.L.S. President Timothy A. Burgess, P.E. vice Presidcrn Suite 100 Meridian, Idaho 83G42 (2U8~88-4312 Feu 888-0323 November 5, 2008 Kyle Radek, PE City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Re: City of Meridian -Well No. 27 Dear Kyle: Our Agreement for Professional Services for the Well 27 project was executed in November 2004. Since then, the project has changed adding additional work effort not anticipated when~the original scope of services was prepared I am requesting a supplement to the original agreement to cover. this additional work and adjust for the four year delay in completion of this project. I have enclosed a copy of the original executed agreement for your reference. I have also attached a summary of all billings as of 11/4108. As of November 4, 2008 we have billed a fatal of 18,474 far design fees. This number is $900 higher than shown on my November 4 billing due to the fact that I had not included my March 5, 2006 billing in my budget summary. I will correct this during the next billing cycle. Work that I consider a change in scope is as follows: The Cherry Lane Christian Church needed to install landscaping along the northerly edge of their property in Apri12006. This required that the by-pass/flushing pipeline from the well lot to Ten Mile Creek be constructed as a separate project. The separate project added design effort and construction staking that was not originally included in the scope of services. I estimate the fees for additional work associated with this change are one half of Bills No. 2 and 3 and all of Bill No. 4 for a total of $2,185.00. 2. When Well 27 was actually constructed it was found to be a flowing artesian well. This required that we prepare a special separate detail for a well head capable of diverting the artesian flow during development and test pumping. Since you still planned to postpone design and construction of the pumping facilities, Ed Squires recommended that you have the ability to flush the well to preserve water quality until the pumping facilities are installed. This required that we prepare a separate set of design plans for improvements to handle the artesian flow until the pumping facilities are constructed. I estimate the fees for additional work associated with this change are all of Bill No. 6 and one half of Bills No. 4, 10 and all of Bills No. 11 and 12 for a total of $5,036.50. Civil Survey Consultants, Inc. 1400 E. Watertower St. ~J Radek November 5, 2008 Page 2 of 3 3. When the original scope of services was prepared city policy was that the contractors install a SCADA panel and antenna fiunished by Meridian. All 5CADA start-up and programming was performed by Meridian once the well was completed and accepted. This policy has now changed so that the equipment wilt be famished by the contractor as part of the construction contract and SCADA programming will be provided under the design services contract. DC Engineering's fee proposal for the SCADA prograuuning is $2,500.00. 4, You have requested the new pumping facilities include the ability to by-pass flows whenever the well starts after remaining idle. This requirement was not included in the original project. The License Agreement with the Nampa Meridian Irrigation District allowing for flows to be by- passed to Ten Mile Creek was obtained prior to this new requirement and does not allow for this type of discharge. A modification to the existing agreement will be required. Since Ten Mile Creek is a drain rather than a canal I anticipate that obtaining this modification will be possible, but I have not approached NMID regarding this issue at this time. Assuming everything goes smoothly, I estimate approximately $ hours of Project Engineer time will be required to update the license agreement, which will add approximately $760.40. This does not include any direct expenses far charges by NMID's attorney, which I will pass through at cost. S< Originally We1127 was to be constructed in 2005. Construction was delayed due to water quality issues discovered when the test well was constructed, and due to changes in anticipated demands in the area. Billings submitted to date have been made at the current hourly rate at the time of billing. There are some original budgeted hours that are not currently billed, or included in another supplement item, for which I am requesting an increase to adjust to current rates. I have attached two spreadsheets to support dais request, one for the design fees and one for the construction services fees. The combined total for this item is $4282.50. 6, I originally planned to use Mulder Engineering for electrical design and ICartchner Engineering for mechanical design. On my recent projects I have been using the services of DC Engineering for both electtical and mechanical design. It is my understanding that DC Engineering is also providing most of the SCADA programming for Meridian making them a good choice for this project. I have enclosed a copy of their proposed scope of services and fee estimate. This proposal includes $5,000 for electrical and mechanical design, which is $300.00 over the original budget. The following summarizes the fee adjustrnents requested above by iteril number: Change No. 1 Change No. 2 Change No. 3 Change No. 4 Change No. 5 Change No. 6 Total Fee Increase _ $ 2,185.00 _ $ 5,036.50 _ $ 2,500.00 _ $ 760.00 _ $ 4,282.50 _ $ 300.00 _ $15,064.00 Radek November 5, 2Q08 Page 3 of 3 I spoke to Ed Squires this morning regarding the well. Ike indicated that his proposal to restrict portions of the well screens for water quality purposes should not affect the selection or design of the pumping equipment Ed is not finished with this design, but indicated he would have well capacity and drawdown information to me by next week. For purposed of this supplement I have assumed we will have a standard vertical turbine pump configured for the artesian well. Please let me know if you need any additional information to support this request. Sincerel ~'~~~ im Burgess, P.E. enc. November 26, 2008 MERIDIAN CITY COUNCIL MEETING December 2, 2008 APPLICANT ITEM NO. S-B REQUEST Professional Service Agreement with USSSOA for Assignment of Basketball Officials AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached 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. 1 • PROFESSIONAL SERVICES AGREEMENT WITH UNITED STATES SPECL~I.TY SPORTS OFFICIALS' ASSOCIATION This PROFESSIONAL SERVICES AGREEMENT WITH UNITED STATES SPECIALTY SPORTS OFFICIALS' ASSOCIATION (hereinafter "Agreement") is made this ~°~ day of December, 2008 (the "Effective Date"), by and between the City of Meridian, a mumclpal corporation organized under the laws of the State of Idaho (hereinafter "City"), and the United States Specialty Sports Officials' Association, a general nonprofit corporation organized under the laws of the State of Idaho (hereinafter "USSSOA"). WHEREAS, the respective governing bodies of City and USSSOA are mutually interested in providing basketball programming in the City of Meridian that is safe, well- organized, and conducted according to appropriate rules and regulations; _ __ _ _ _ NOW,. THEREFORE, for good and_valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and USSSOA agree as follows: I. General obligations of USSSOA. A. Assign officials. USSSOA shall provide at least two (2) officials to officiate each and every City basketball game listed on the City Basketball Schedule. The USSSOA Official Assignor may be reached as follows: 1. Generally: Al Crager, (208) 433-1973 2. Before or during games: Al Crager, (208) 921-0648 B. Train officials. USSSOA shall provide the officials it assigns for City basketball games the opportunity to receive classroom and on-court training from USSSOA and to become certified by USSSOA. Upon request, USSSOA shall provide City with an updated list of certified officials. C. Evaluate officials. USSSOA shall, as necessary, evaluate all officials' eligibility for assignment in any game; such judgment shall be exercised with due respect to the expressed judgment of the City as to an official's ability in mechanics, rules interpretation and game judgment. D. Recruit officials. USSSOA shall make reasonable efforts to recruit and retain a roster of qualified officials sufficient to ensure the availability of officials for all City basketball games listed on the Official City Basketball Schedule. E. Notify officials. Each and all of the following provisions shall apply to all officials provided by USSSOA, and USSSOA shall notify all officials of their obligations to: PROFESSIONAL SERVICES AGREEMENT FOR USSSOA - MPR BASKETBALL PAGE 1 OF 1 1. Provide USSSOA and City twenty-four (24) hours notice of unavailability for games at which they are assigned to officiate. 2. Arrive at the court at least ten (10) minutes prior to the scheduled game time in order to evaluate court conditions and hold apre-game conference with the playing teams. Officials arriving after game time shall be subject to disciplinary action including, but not limited to reduction of one-half (1/2) the game wage. 3. Start each and every game at the time listed on the Official City Basketball Schedule. 4. Record and notify the City of any and all player warnings or ejections, unsafe facility conditions, and/or injuries by 5:00 p.m. the following business day. 5. If an official on the USSSOA roster of officials for City basketball games is a player in the same league, such official shall be ineligible for assignment to officiate games within his or her division unless no other official on the roster is available or all team captains in the division agree to waive this provision, provided that City shall make the final decision on such matters. 6. Where a team forfeits a game at game time, the players present may elect to play a practice game, in which case the game shall be played and officiated in the same manner as a scheduled game, provided there are enough players on each team as required by league rules and all, players participating in the practice game are on a City league team registered with USSSA. Officials shall be paid full game fees for a forfeit at game time, whether or not a practice game is played. II. General obligations of City. A. Schedule games. City shall schedule all City basketball games, including the date, time, and location thereof, and shall list all such information in writing in the City Basketball Schedule. City shall provide the City Basketball Schedule to the USSSOA Official Assignor at least one (1) week prior to the first game, except that City shall provide the 2008-2009 City Basketball Schedule to the USSSOA Official Assignor on or before December 3, 2008. B. Register teams with USSSA. City shall register all basketball teams in the league with the United States Specialty Sports Association ("USSSA"). It is recognized by both parties that in order for a basketball game to be aUSSSA-sanctioned game, the playing team must be registered with USSSA and the officiating official must be registered with USSSOA. It is further recognized by both parties that USSSOA worker's compensation coverage for its officials covers injuries incurred in the course of USSSA-sanctioned games. C. Recruitment assistance. City shall aid in the recruitment of officials through public service announcements and communications with athletic program participants. PROFESSIONAL SERVICES AGREEMENT FOR USSSOA - MPR BASKETBALL PAGE 2 OF 2 III. General obligations of both parties. A. Game rules. Playing rules for basketball games shall be agreed upon between USSSOA and City. City shall not establish local rules which modify, add to, or override USSSOA rules without input from USSSOA. Upon request from USSSOA, City shall provide written interpretations of local rules to the USSSOA. USSSOA shall interpret and apply any and all rules of the game that are not affected by local modification. B. Evaluation. The USSSOA and the City agree to evaluate each other's effectiveness in the program and provide constructive recommendations for change. Both parties shall meet at the end of each season to review all actions taken under this Agreement. IV. Game scheduling and cancellation. A. City authority to cancel games. City retains the authority to cancel any game at any time. City shall cancel a game already in process only for good cause, and where City exercises such authority City shall notify the USSSOA Official Assignor of such cancellation either before such cancellation or within two (2) hours thereafter. B. Rescheduled games. Where a scheduled game is cancelled or not played for any reason, City shall reschedule such game and shall notify the USSSOA Official Assignor of such rescheduled date, time, and location. USSSOA shall make every effort to provide officials for such game. Where games are rescheduled due to a valid rule interpretation protest or due to an official's inappropriate actions during a game, USSSOA shall provide officials at no cost to the City. C. USSSOA failure to provide officials. If USSSOA is unable to provide at least two (2) qualified officials for any scheduled game, USSSOA shall notify City of such inability at least twenty-four (24) hours prior to such game. V. Compensation and payment. A. Amount. City shall pay USSSOA for professional services set forth herein at the rate of $50.00 per game, except that: 1. Where USSSOA fails to provide any official for a scheduled game, or where no USSSOA-assigned officials appear for a scheduled game, City shall pay nothing to USSSOA for that game. 2. Where USSSOA provides only one (1) official for a scheduled game, or where only one (1) USSSOA-assigned official appears for a scheduled game, even if City is able to find a substitute official, City shall pay USSSOA $35.00 for that game. 3. Where City notifies the USSSOA Official Assignor of a game cancellation by or before 12:00 p.m. of the day of the game: PROFESSIONAL SERVICES AGREEMENT FOR USSSOA - MPR BASKETBALL PAGE 3 OF 3 • • a. For the first scheduled game: City shall pay nothing to USSSOA. b. For the second scheduled game: $25.00 if there is a first and third game; otherwise, City shall pay nothing to USSSOA. c. For the third scheduled game: City shall pay nothing to USSSOA. 4. Where City notifies the USSSOA Official Assignor of a game cancellation between 12:00 p.m. and 4:00 p.m. of the day of the game: a. For the first scheduled game: City shall pay $50.00 to USSSOA. b. For the second scheduled game: City shall pay $50.00 to USSSOA. __ - _-- _. c. For the third scheduled game: City shall pay nothing to USSSOA. 5. Where City notifies the USSSOA Official Assignor of a game cancellation between 4:00 p.m. and the start of the game, City shall pay USSSOA $50.00 per game, unless such cancellation is made due to inclement weather, unforeseen facility cancellation, or unforeseen equipment malfunction, in which case City shall pay $25.00 per cancelled game to USSSOA. B. Payment method. USSSOA shall send an invoice to City on a weekly basis, and City shall mail payment to USSSOA at the address set forth herein. VI. Notices. Communication between the City and the USSSOA OfFicial Assignor regarding day-to-day matters shall occur via a-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed via United States mail, addressed as follows: Colin Moss, Recreation Coordinator Meridian Parks & Recreation Department 33 E. Broadway Ave. Suite 206 Meridian, Idaho 83642 Gary Bassett United States Specialty Sports Officials Association 201 Gourley Boise, ID 83705 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein PROFESSIONAL SERVICES AGREEMENT FOR USSSOA - MPR BASKETBALL PAGE 4 OF 4 provided. VII. Seasonal Review. • At the conclusion of each season, iJSSSOA and City shall together review the season to address any problems which may have arisen and to discuss possible improvements. VIII. Conflict Resolution. If either party believes that the other parry is not fulfilling its obligations as established by this Agreement, the complaining party shall give written notice of its complaint to the other party. The party receiving the complaint shall, within fifteen (15) calendar days, correct the sihiation and confirm the correction in writing, or reject the complaint, explaining the mitigating circumstances and/or why a remedy cannot be achieved. -- - - _ - IX. Assignment. City shall not assign or sublet all or any portion of City's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of USSSOA. USSSOA shall not assign or sublet all or any portion of USSSOA's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representatives, successors, and assigns of the parties. X. No agency. Neither USSSOA nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in their use and occupancy of facilities at which games are played. XI. Indemnification. USSSOA and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in USSSOA programming, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by USSSOA or any USSSOA employee, agent, contractor, official, officer, servant, guest, and/or invitee, at or in its use of game facilities or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises at game facilities; USSSOA accepts game facilities for use as is, both at the Effective Date of this Agreement and for each game at which officials are provided. PROFESSIONAL SERVICES AGREEMENT FOR USSSOA - MPR BASKETBALL PAGE 5 OF 5 • XII. Insurance. A. Liability insurance. USSSOA shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of USSSOA or any USSSOA employee, agent, contractor, official, officer, servant, guest, and/or invitee, USSSOA covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. B. Worker's compensation. At all times during the course of this Agreement, USSSOA shall provide worker's compensation coverage in the amount required by law for each and every official it provides to officiate at USSSA-sanctioned City basketball games. Worker's compensation is included in each per-game fee and shall be paid to the State Insurance Fund by USSSOA. XIII. Compliance with Laws. In performing the scope of services required hereunder, City and USSSOA shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. XIV. Discrimination Prohibited. In performing the Services required herein, USSSOA shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap. XV. 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. XVI. Term of Agreement. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on March 31, 2009 unless earlier terminated or extended in the manner as set forth in this Agreement. If the parties to this Agreement fail to mutually extend this Agreement, and neither has terminated the Agreement, the term of this Agreement, or such other terms as the parties have agreed upon in writing, shall be renewed automatically for one-year periods thereafter unless terminated by either party in the manner provided in this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR USSSOA - MPR BASKETBALL PAGE 6 OF 6 XVII. Default and termination. A. Penalty for default. If USSSOA defaults in its obligations while the basketball season is in progress, USSSOA shall compensate City in the amount of $50.00 per each scheduled game remaining in the season. B. Grounds for termination. Grounds for termination of this Agreement shall include, but shall not be limited to: 1. An act or omission by either party which breaches any term of this Agreement. 2. An act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party. 3. A change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. C. Termination process. Either party may terminate this Agreement by providing fourteen (14) days advance written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A seven (7) day cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon provision of written notice of termination. XVIII. 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 a.s the remainder of the Agreement is reasonably capable of completion. XIX. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. XX. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder maybe asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. PROFESSIONAL SERVICES AGREEMENT FOR USSSOA - MPR BASKETBALL PAGE 7 OF 7 XXI. Apulicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. XXII. AuAroval Required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and USSSOA. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. UNITED STATES SPECIALTY SPORTS OFFICIALS' ASSOCIATION: -- _ _ - BY: r~e~eeatib~i' 2, 2~8 Gary B sse Date USSS A Registered Agent STATE OF IDAHO ) I HEREBY CERTIFY that on this ~a~day of ~ , 2008, before the ss: undersigned, a Notary Public in the State of Idaho, personally appeared Gary County of ~ ) Bassett, laiown or proved to me to be the person who executed the said ®~'`'~p~eeoea®as®~.® instrument, and aclaiowledged to me that she executed the same. 1TT WITNESS >~` ~ ~gla; ®®® OF, I have hereunto set my hand and affixed my official seal the day s ~ ~~®°" ••• ~O '•A~ ye in this cert' ate fir t above written. ~~® ?, ~• ~iJ adC ® d ~ a a~: o c for Idaho ~p® ~, c~~ ~® `l0~ ®®® ®e Residing at Idaho ~' ti ®® ~ e® My Commission Expires: p / °m ~ ••••e•®®® o° BY: '~ ~ ~2' Z ~~ Tammy de' eerd Date Mayor ~~,,,,,,,,,,,,,,,,~ `, .~. ,,; Of ~~igj ~~ Attest: ``,.~~~~ 0~,~~,,~'', T o ~O ~~~~ _ Ja ee Ho an = 9 ~' City Clerk ~%, "9~T ta,~t ,,. ~ ~~~ mri rt~» PROFESSIONAL SERVICES AGREEMENT FOR USSSOA - MPR BASKETBALL PAGE 8 OF 8 • • November 26, 2008 MERIDIAN CITY COUNCIL MEETING December 2, 2008 APPLICANT ITEM NO. S-C REQUEST Resolution -Water /Sewer Rate Increase AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aftached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDL~N BY THE CITY COUNCIL: RESOLUTION NO. 4 - D J ~p BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION RATIFYING THE COUNCIL'S APPROVAL OF PUBLIC WORKS FEE SCHEDULE FOR WATER AND WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 25, 2008, the City Council of Meridian, held a hearing on the adoption of the updated Public Works Fee Schedule for water and wastewater assessments as shown by Exhibit "A" and incorporated herein by reference; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said updated Public Works Fee Schedule; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the updated Public Works Fee Schedule for water & wastewater assessments is hereby adopted. A copy of the fee schedule is attached as Exhibit "A". Section 2. That the Director of Public Works is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately on the day of , 2009. ADOPTED by the City Council of Meridian, Idaho ~ day of 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of , 2008. ATTEST: 0~.~ APPROVED: ~L ~,~,,""~ ~ ~ u' "I~r~YOR MY de WEERD ,, ~r~o -. A~ ~~~p PUBLIC WORKS FEE SCHEDULE FOlY''~di~'~~l{. WASTEWATER ASSESSMENTS - I of I ~~ • EXHIBIT A 2008 PUBLIC WORKS FEE UPDATE PROPOSAL ASSESSMENT FEES Scheduled Upate (Dates listed are WASTEWATER Current Pro osed Last U date anticipated effective date) $2,749.00 No change Oct-07 WATER $1,794.00 No change Oct-07 Pressurize Irrigation Assessment for Secondary Connection $525.00 No change OCt-07 WATER 8~ SEWER RATES WATER Current Proposed Last U date Scheduled Update (Dates listed are anticipated effective date) Base (Administrative) Fee $4.04 $4.24 OCt-07 Jan-09 Use Charge (per 1000 gallons): $1.39 $1.46 Oct-07 Jan-09 WASTEWATER Current Pro osed Base (Administrative Fee): $4.74 $4.98 OCt-07 Jan-09 Use Charge (per 1000 gallons): $3.04 $3.19 Oct-07 Jan-09 MISCELLANEOUS WASTEWATER AND WATER CHARGES Scheduled Update (Dates listed are Wastewater Current Pro osed Last U date anticipated effective date) Private Sewer System Review $1,000.00 No change Feb-05 By Individual Private Lift Station O&M agreement No change May-06 Septage Dump per 1000 gallons $48.00 No change May-06 Water Current Pro osed Last U date Meter Adaptor Kit $80.00 No change May-06 Meter MXU Transmitter $85.00 No change May-06 (1) Meter Adaptor Kit $80.00 No change May-06 (2) Meter MXU Transmitter $85.00 No change May-06 (3) Meter MXU for 1 in & larger meters $144.00 No change May-06 3/4 inch meter $146.00 No change May-06 1 inch meter $183.00 No change May-06 1 1/2 inch meter $399.00 No change May-06 2 inch meter $542.00 No change May-06 4 inch turbo meter $2,052.00 No change May-06 4 inch compound $2,884.00 No change May-06 (1) Required on some commercial projects when developer's engineer/architect species a larger meter setter than the meter that is initially required. For example, a 2-inch setter is specked and a 2-in meter will be used when the project is built out. However, only a 1 1/2-inch meter is initially needed, requiring the adaptor kit the water division presently pays for. (2) Recovers cost of radio read transmitter unit on all new meters set. (3) Recovers full cost of a single MXU unit in situations where two meters cannot share a single meter vault. MXU units for most residential serve two meters serving two houses. Page 1 of 2 EXHIBIT A 2008 PUBLIC WORKS FEE UPDATE PROPOSAL ASSESSMENT FEES Scheduled Upate (Dates listed are WASTEWATER Current Pro osed Last Update anticipated effective date) $2,749.00 No change Oct-07 WATER $1,794.00 No change Oct-07 Pressurize Irrigation Assessment for Secondary Connection $525.00 No change OCt-07 . WATER & SEWER RATES Scheduled Update WATER Current Proposed Last U date (Dates listed are anticipated effective date) Base (Administrative) Fee $4.04 $4.24 OCt-07 Jan-09 Use Charge (per 1000 gallons): $1.39 $1.46 Oct-07 Jan-09 WASTEWATER Current Proposed Base (Administrative Fee): $4.74 $4.98 OCt-07 Jan-09 Use Charge (per 1000 gallons): $3.04 $3.19 Oct-07 Jan-09 EOUS WASTEWATER AND WATER Wastewater Current Proposed Last Upd Private Sewer System Review $1,000.00 No change Feb-05 By Individual Private Lift Station 08~M agreement No change May-06 Septage Dump per 1000 gallons $48.00 No change May-06 Scheduled Update (Dates listed are anticipated effective da Water Current Pro osed Last U date Meter Adaptor Kit $80.00 No change May-06 Meter MXU Transmitter $85.00 No change May-06 (1) Meter Adaptor Kit $80.00 No change May-06 (2) Meter MXU Transmitter $85.00 No change May-06 (3) Meter MXU for 1 in & larger meters $144.00 No change May-06 3/4 inch meter $146.00 No change May-06 1 inch meter $183.00 No change May-06 1 1/2 inch meter $399.00 No change May-06 2 inch meter $542.00 No change May-06 4 inch turbo meter $2,052.00 No change May-06 4 inch compound $2,884.00 No change May-06 (1) Required on some commercial projects when developer's engineer/architect species a larger meter setter than the meter that is initially required. For example, a 2-inch setter is specified and a 2-in meter wil l be used when the project is built out. However, only a 1 1/2-inch meter is initially needed, requirin g the adaptor kit the water division presently pays for. (2) Recovers cost of radio read transmitter unit on all new meters set. (3) Recovers full cost of a single MXU unit in situations where two meters cannot share a single meter vault. MXU units for most residential serve two meters serving two houses. Page 1 of 2 • November 26, 2008 MERIDIAN CITY COUNCIL MEETING December 2, 2008 APPLICANT ITEM NO. S-D REQUEST Resolution -- MYAC Amended Bylaws AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: Jj MERIDIAN SCHOOL DISTRICT: ' ~J ((// ~ v` ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION AMENDED BY-LAWS OF THE MAYOR'S YOUTH ADVISORY COUNCIL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS a Mayor's Youth Advisory Council of the City of Meridian was established on February 15, 2005; and WHEREAS, the youth of the City of Meridian constitute an underutilized resource of ideas, knowledge and experience with respect to the City and its affairs; and WHEREAS, the students of Meridian area high schools are willing to devote their time and energy into improving the City and the community to encourage local youth to become more familiar with the workings of local government through education and participation through the Mayor's Youth Advisory Council; and WHEREAS, on November 18, 2008, the Mayor's Youth Advisory Council prepared and adopted Amended By-Laws, as attached Exhibit "A", to provide organization of the Mayor's Youth Advisory Council, its actions and agenda; and WHEREAS, on December 2, 2008 the City Council of Meridian, upon the recommendation of the Mayor's Youth Council, approved adoption of said Amended By- Laws of the Mayors Youth Advisory Council. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian has adopted the Amended By-Laws of the Mayor's Youth Advisory Council attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION ADOPTING THE AMENDED BY-LAWS OF THE MAYOR'S YOUTH ADVISORY COUNCIL Page 1 of 2 ADOPTED by the City Council of Meridian, Idaho ~ day of 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this ~' day of ~ , 2008. APPROVED: 22° ~~~~ MAYOR, fiA.~ MY de WEERD ATTEST: ``\\\\`~~,,~,~~„~9'','. ~, y , ., :~ ~~°R'or~ '- o ]EAL YC L. HOL N, CITY ALE ~~ '~ RESOLUTION ADOPTING THE AMENDED BY-LAWS OF THE MAYOR'S YOUTH ADVISORY COUNCIL Page 2 of 2 MAYOR'S YOUTH ADVISORY COUNCIL OF THE CITY OF MERIDIAN, IDAHO (By laws) WHEREAS the youth of the City of Meridian, Idaho (hereinafter "the City") constitute an underutilized resource of ideas, knowledge and experience with respect to the City and its affairs; and WHEREAS the Mayor of the City of Meridian (hereinafter "the Mayor") desires and seeks input from the youth into the affairs and issues of the City through a Mayor's Youth Advisory Council; and WHEREAS the students of Meridian area high schools are willing to devote their time and energy into improving the City and the community and to encourage local youth to become more familiar with the workings of local government through education and participation through the Mayor's Youth Advisory Council; NOW THEREFORE, the Mayor and the City Council of the City of Meridian hereby establish the Mayor's Youth Advisory Council and the following By-Laws. ARTICLE I. INTENT The intent in preparing and adopting these By-Laws is to provide a framework for organization of the Mayor's Youth Advisory Council, its actions and agenda. It is not the intent of the City, or the officers and members hereinafter described to create a legal entity of any sort including without limitation, a corporation, non-profit corporation, limited liability company, partnership nor any other business orquasi-public entity. ARTICLE II. OFFICES The principle location of the Mayor's Youth Advisory Council shall be at the Office of the Mayor, 33 E. Broadway Avenue, Meridian, Idaho 83642. The Mayor's Youth Advisory BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL -Page 1 of 9 • Council may have such other offices as the Executive Committee may designate or as the business of the Mayor's Youth Advisory Council may require from time to time. ARTICLE III. MEMBERSHIP AND MEETINGS Section 1. Monthly Meetings. The Mayor's Youth Advisory Council may hold eighteen (18) meetings during the school year, two (2) in each of the months between September and May of the school year. The meetings shall be held on the 2~d and 4~ Monday of each month. These meetings will be held as regularly scheduled unless otherwise noticed. Section 2. Special Meetings. Special meetings of the members, for any purpose or purposes, may be called by the Executive Committees. Section 3. Place of Meeting. The Executive Committee may designate any place as the place of meeting called by the Executive Committee. If no designation is made, or if a special meeting be otherwise called, the place of meeting shall be the principle location of the Mayor's Youth Advisory Council. Section 4. Notice of Meeting. Written notice stating the place, day and hour of the meeting and, shall, unless otherwise prescribed by statute, be delivered not less than forty-eight (48) hours nor more than thirty (30) days before the date of the meeting through the regular City policies and procedures. The notice of a regular or special meeting of the Mayor's Youth Advisory Council shall specify the purpose of the meeting, including amendment to these By-Laws, or business to be transacted at such meeting and the agenda to be considered. Section 5. Quorum. The Quorum is established for the meeting by the majority of the members of the Executive Committee present. The number present is established by BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL -Page 2 of 9 • • the current number of elected members of the Committee. If the quorum is lost during the course of the meeting the official meeting is over. Section 6. Membership. Membership on the Mayor's Youth Advisory Council is open to all high school students in the 9~ through 12~ grades who either: attend a Joint School District No. 2 school located in Meridian; or another high school located in Meridian; or who live in the City limits of Meridian with a strong interest to be involved in the future of the City of Meridian and attend a school outside the City of Meridian. Representation and involvement is encouraged from the following schools: Mountain View High School, Meridian Academy; Central Academy; Meridian Technical Charter High School, Cole Valley Christian School; Meridian Medical Arts Charter School, Meridian High, or Rocky Mountain High School. Section 7. Voting. All Members present shall be the voting members of the Mayor's Youth Advisory Committee. Voting shall be in the public meeting and may not be by secret ballot, unless for the election of Members to the Executive Council. Section 8. Participation. Members are asked to serve on a minimum of one Mayor's Youth Advisory Council committee, city committee or project as assigned. It is important that members miss no more than two of these meetings during the school year to assure that youth has proper representation and a voice at these meetings. ARTICLE IV. EXECUTIVE COMMITTEE Section 1. General Powers and Duties. The business and affairs of the Mayor's Youth Advisory Council shall be managed by the Executive Committee. The Executive Committee shall be responsible for planning the agenda for the school year and for each of the monthly meetings of the Mayor's Youth Advisory Council along with the Mayor, setting and proposing potential subcommittees, and discharging any other responsibilities assigned by the Executive Committee. BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL -Page 3 of 9 • • Section 2. Officers: Number, Tenure and Qualifications. There shall be nine (9) members from the body of membership of the Mayor's Youth Advisory Council who serve as officers on the Executive Committee. Officers shall be elected by the membership at the last meeting of the year for the next school year. The officers of the Executive Committee shall consist of achairperson, avice-chairperson (or chairman- elect), secretary, treasurer, and historian. The chairperson may not serve for more than two consecutive terms. Officers are to be selected as "at-large" representatives. At the first meeting of the subsequent school year, the remaining members of the Executive Committee shall be elected and shall consist of a representative from each of the traditional high schools in the City (Meridian, Mountain View, and Rocky Mountain) as well as one "at large" representative from one of the remaining high schools or high school students within the City. If no candidate(s) from the respective schools applies then the candidate(s) may be selected "at-large." The remaining members as detailed above shall constitute the rest of the Executive Committee. The non-officers can be assigned specific duties or may assist the designated officer's with their respective duties. Section 3. Regular Meetings. A regular meeting of the Executive Committee may be held without notice other than this bylaw, at times and dates established by the Executive Committee. The Executive Committee shall provide, by resolution, the time and place for holding one (1) additional regular meeting during the months of June, July or August immediately following the school year without notice other than such resolution. Additional regular meetings shall be held at the principle office of the Mayor's Youth Advisory Council in the absence of any designation in the resolution. Section 4. Special Meetings. Special meetings of the Executive Committee may be called by or at the request of the chairperson or other officer, and shall be held at the BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL -Page 4 of 9 • principle office at the Mayor's Youth Advisory Council or at such other place as the Executive Committee may determine. Section 5. Notice. Notice of any additional or special meeting of the Executive Committee shall be given as outlined about in Article III, Section 4 of these by-laws. The notice shall specify the purpose, agenda, or business to be transacted, at the meeting. Section 6. Quorum. A majority of the number of Executive committee members are fixed by these By-Laws (i.e.: five) shall constitute a quorum for the transaction of business at any meeting of the Executive Committee. If the quorum is lost during the course of the meeting the official meeting is over. Section 7. Election and Term of Office. The officers shall be elected annually as described in Article IV, Section 2. Each officer shall hold office until resignation, termination and removal, or disqualification in the manner herein provided. Section 8. Vacancies. Any vacancy occurring on the Executive Committee because of resignation, removal, and disqualification or otherwise shall be filled in the same manner as required for the election of officers by these by-laws. An officer so elected to fill a vacancy shall serve the unexpired term of the predecessor in office. Resignation is the voluntary choice of the Committee member to relinquish their duties and position. Termination and removal is an action taken by the Mayor's Youth Advisory Council acting at regular meeting and must be by motion and second to remove the executive committee member for cause for failure or refusal to perform the duties of their respective office. Atwo-thirds majority of the members present must be in the affirmative to terminate and remove the Committee member. Disqualification shall apply when a member no longer is a student eligible to participate in this Council by suspension or expulsion from the School or moving from the School District. No BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL -Page 5 of 9 • action by the Council is necessary other than acknowledging proof that the Committee member is no longer qualified to hold office. Section 9. Powers and Duties. The powers and duties of the officers shall be as provided from time to time by resolution or directives of the members. The chairperson shall preside over and conduct all meetings of the Mayor's Youth Advisory Council and of the Executive Committee, determining agendas for the monthly meetings of the Mayor's Youth Advisory Council and the Executive Committee, act as spokesperson for the Mayor's Youth Advisory Council, act as signatory on all documents for which the Mayor's Youth Advisory Council provides authorization to sign, delegate authority to any officer or member of the Mayor's Youth Advisory Council if circumstances so warrant, and act upon any other matters and in the manner authorized by the Mayor's Youth Advisory Council. The vice-chairperson shall act in the place of the chairperson upon the chairperson's absence or inability to act as authorized herein, and take action as delegated by the chairperson. The secretary shall prepare the minutes of each meeting of the Mayor's Youth Advisory Council and Executive Committee prior to the next monthly meeting, prepare and mail the notices of each meeting and prepare and enclose the agendas for each meeting with the notice of such meetings. The treasurer shall be responsible for all financial matters of the Mayor's Youth Advisory Council including the budget and financial reports. The historian shall act as the record keeper of all activities of the Mayor's Youth Advisory Council, shall keep archives of the minutes and agendas, and create a yearly scrapbook of the activities of the Mayor's Youth Advisory Council. Section 10. Agendas. Any member of the Mayor's Youth Advisory Council may submit a request for placement of any item on the agenda to any member of the Executive Committee for consideration at the next monthly meeting. Such request shall be placed BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL -Page 6 of 9 on the agenda at the discretion of the chairperson and, if placed upon the agenda, shall be considered at a monthly meeting determined by the Executive Committee, provided adequate and sufficient notice of the item for consideration has been given as set forth herein. ARTICLE V. SUBCOMMITTEES Section 1. Standing committees. The Executive Committee shall be the only standing committee of the Mayor's Youth Advisory Council. Section 2. Ad hoc committees. Any other subcommittees the Mayor's Youth Advisory Council determines are necessary shall be created for a limited term of the remainder of the school year and shall continue during such school year at the discretion of the Mayor's Youth Advisory Council. Such subcommittees shall be created by a majority vote of a quorum of members at any of the scheduled meetings of the members. ARTICLE VI. AMENDMENTS These By-Laws may be altered, amended, or repealed, and new By-Laws may be adopted by the Executive Committee with prior written notice to the members as provided herein; provided, however, that such alternations, amendments or repeals first be authorized by atwo-thirds (2/3) vote of all members of the Mayor's Youth Advisory Council, and provided further that a vote by proxy shall not be permitted. ARTICLE VII. ADOPTION AND EFFECTIVE DATE The foregoing amended By-Laws were regularly adopted at the meeting of the Mayor's Youth Advisory Council, and thereafter ratified at the meeting of the City Council of the City of Meridian held on the Eighteenth day of November, 2008. BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL -Page 7 of 9 These By-Laws shall be effective as of the date of adoption by the City Council. 2008-09 members of the Meridian Mayor's Youth Advisory Council Executive Committee. BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL -Page 8 of 9 • November 26, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING December 2, 2008 APPLICANT Planning Department ITEM NO. 6-A-1 REQUEST Update Seeking Acceptance of Bids for Split Corridor Phase 1 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 ~~ ~~,~ ~,~ ,~' ~~~, Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. u City Council Regular Meeting Tuesday, December 2, 2008 6.A.1. Update Seeking Acceptance of Bid for Split Corridor Phase 1: Background The project bid results were opened and read in the ACHD auditorium at 3 pm, November 18, 2008. The low bid was submitted by Nampa Paving in the amount of $3,174,724.03, which is 32% below the original Engineer's Estimate. The bid results are presented in the table below. BIDDERS ALT 1 BID ALT 2 BID Nam a Paving $3,174,724.03 $3,174,724.03 Central Pavin $3,300,000.00 $3,300,000.00 Knife River $3,455,189.62 $3,498,367.86 WF Construction $3,496,849.40 $3,574,849.40 Idaho Sand and Gravel $3,535,195.00 $3,535,195.00 Theuson Construction $3,704,071.63 $3,856,833.60 Kerr Contractors _ $4,523,187.90 $4,623,187.90 The table reflects pricing for a normal construction schedule (Alt 1 Bid) and an accelerated construction schedule (Alt 2 Bid). Substantial completion of roadway construction is scheduled for September 14, 2009 under Alt 1 and July 13, 2009 in Alt 2. Both alternatives anticipate completion of landscaping no more than 32 days after completion of the road work. ACHD staff recommends the expedited schedule in Alt 2 which, for the low bid response, does not impact the cost of the project. Under the recommended alternative, the landscaping portion of the project has an anticipated completion date of August 14, 2009, and the bid was $410,997.20. ACHD will be reimbursed by Meridian Development Corporation for the landscaping portion of the bid within 120 calendar days after the completion of the work. After completion, maintenance costs for the City as estimated on August 15, 2008 are as follows: • 2009: $13,689.00 • 2010: $17,703.00 • 2011: $18,234.00 The Special Provisions document for the project stipulates that: Due to Meridian Dairy Days, the Contractor shall not work on Main Street between Watertower Lane and Franklin Road between June 14, 2009 and June 23, 2009 regardless of what phase of construction is underway. No equiment shall be allowed in the area described during this time period, and all construction equipment and debris shall be cleaned up and removed from the premises, including all adjacent areas within 20 feet of Main Street. No equipment will be allowed in the Storey Park Area during this time period. Request ACHD staff will recommend that the Commission accept Alternative Bid 2 and award the contract to Nampa Paving at the December 3, 2008 ACHD Commission meeting. Council Action The City Council's input to and/or support of the bid response recommended by ACHD staff. C~ November 26, 2008 • AZ 08-001 MERIDIAN CITY COUNCIL MEETING December 2, 2008 APPLICANT Relo Development ITEM NO. $ REQUEST Continued Public Hearing from October 28, 2008 -- Request for Annexatio and Zoning of 9.06 acres from RUT & R1 to C-G zones for Overland Village - 3330 East Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CIl`Y 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 Previous Item Packet /Minutes Preps-~ ro n~0 r~~, - c~ Contacted: Date: Emailed: Phone: Staff Initials: Materials presented at public meetings shall become property of the GNy of Meridian. • • November 26, 2008 AZ 07-012 MERIDIAN CITY COUNCIL MEETING December 2, 2008 APPLICANT CenterCal Properties, LLC ITEM NO. REQUEST Ordinance -- Request for Annexation and Zoning of 258.39 a es from RUT to C-G zone for Meridian Town Center -- northwest corner of North Eagle Road and East Fairview Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Staff Initials: Materials presented at public meetings shall become propery of the City of Merldtan. COMMENTS See attached Ordnance 1 0~ ~~ Date: Phone: ADA COUNTY RECORDER J. D ID NAVARRO AMOUNT .00 I • BOISE IDAH01?J04/08 10:1 DEPUTY Vicid Allen RECORDED-REQUEST OF III I'II~I~III~II~I~III~III~II~~III III Meridian City 1081 ~~96~#3 CITY OF MERIDIAN ORDINANCE NO. ,~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 07-012 MERIDIAN TOWN CENTER -CENTER CAL) FOR ANNEXATION OF TWO PARCELS FOR ANNEXATION PURPOSES SITUATED IN THE SW 1/ OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LINIITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT ___ __COP_IES OR_T_HIS_ORDINANCE_SHALL__BE_FILED WITH THE__ADA_COUN_T_Y_____ ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE- CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Center Cal. SECTION 2. That the above-described real property is hereby annexed and re-zoned C-G (General Retail and Service Commercial District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 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. ANNEXATION - AZ 07-012 MERIDIAN TOWN CENTER -CENTER CAL Page 1 of 3 --J • SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1 /2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of /;~7 ,~~ , 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of , MAYOR T. ATTEST: ~C~`J``'`'~~yy~~~~^R~'~~~''~, ~ o ~ JAYCE L. HOLMAN ~ ~R~~ • ~'~ .~'' ,,~~'',~C''~LtN'~C ~~~ ~~` <~ej~'''t l t t t ii IDi11111t~~,``` de WEERD ANNEXATION - AZ 07-012 MERIDIAN TOWN CENTER -CENTER CAL Page 2 of 3 • STATE OF IDAHO, ) ss. County of Ada ) On this day of ' , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~J ANNEXATION - AZ 07-012 MERIDIAN TOWN CENTER -CENTER CAL Page 3 of 3 ~ i EXHIBIT A LAND PLANNIND CIVIL END~NEERIND LAND9DAPfi ARDH~Tfi°TURfi LAND SURVHY 0 Property Legal Description and Depiction I W R G • Boundary Description of New Parcel la ' for Meridian Centercal, LLC Job'No.6077070.00 A parcel of land situated in the southwest quarter of Section 4, Township 3 North, Range 1. East, Boise Meridian, Ada County, Idaho, being mo;eparticularly_ _described as £ollows;_ Commencing at a brass cap marking the southwest comer of Section 4, Township 3 North, Range I East, Boise Meridian; Thence N00°10'43"E, 2618.49 feet along the west line of the southwest quarter to a brass cap marking the west quarter-section comer of Section 4; Thence N89°51'0.1'6, 70.00 feet along the north line of the southwest quarter to a brass cap on the.east right-of--way line of North Eagle Road, the POINT OF BEGINNING: Thence N89°51'01 "E, 1237.95 feet along, the north line of the west half.of the southwest quarter of Section 4; ~. Thence S00°08'50"W, 182.63 feet; Thence 16.85 feet on a curve to the right, having a radius of 51 ] .67 feet, a central angle of 1 °53' 12", a chord bearing of SO1 °05'26"W, and a chord length of 16.85 feet; Thence S02°02'02"W, 720.47 feet; Thence 381.38 feet on a curve to the left, having a radius of 488.33 feet, a central angle of 44°44'49", a chord hearing of S20°20'22'6, and a chord length of 371.76 feet; Thence N89°49' 17"W, 1344.74 feet to the east right-of--way line of North Eagle Road; Thence N00°10'43'6, 1260.65 feet along~the eastright-of--way line of North Eagle Road to the POINT' OF BEGINNING. The above-described parcel contains 35.85 acres, more or less. Subject to any existing easements orrights-of--way bf record or appazent. 1773EaslWlndingOreakOrive EagIa,ID 636'16 PH 208/246.8300 FX 208/246.8320 wwar:mgdssign.com wxw.wrgdesign.c°m Page 1 of 1 • ' ©©~ D E S I G N I N C. Boundary Description of New Parcel lb for Meridian Centercal, LLC ' Job No. 607707b.00 ' A parcel of land situated in the southwest quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: - ~ Commencing at a brass cap marking the southwest confer of Section 4, Township 3 North, Range 1 East, Boise Meridian; ~LAN° ~ Thence S89°46' 17"E, 2023.25 feet along the south line of the southwest quarter, PLANNING 'T'hence N00°13'43"E, 52.81 feet fo the north right-of--way line_of__East Fairview Avenue,.the - POINT OF BEGdNN1NG: Thence N89°59'29"W, 777.49 feet along the north right-of--way line of East Fairview avlL Avenue to a 5/8 inch rebar, _ EN°INEERINO ' . ' ~ Thence S00°00'31"W, 5.00 feet along the north right-of--way line of East Fairview Avenue to a 5/8 inch rebar; ,. Th n N89°59'29"W 631 00 f l th h ri h e ce , . eet a ong e nort g t-of--way line of East Fairview LAN OB°APE ARCNrcecTUae Avenue~to a 5/8 inch rebar, . , Thence N00°00'31"E, 10.00 feet along the north right-of--way line of East Fairview Avenue to a 5/8 inch rebar; LAN° Thence N89°59'29"W, 85.91 feet along the north right-of--way line of East Fairview ' ~ SURVEY Avenue to a 5/8 inch rebar; Thence N85°18'52"W, 122.64 feet along the north right-of-way line of East Fairview Avenue to a S/8 inch rebar, ATER ° Thence N89°59'29"W, 217.51 feet along the north right-of--way line of East Fairview s+~~ Avenue to a 5/8 inch rebar; o ~ o 4 9D 3 Thence N57°25'03"W, 129.24 feet-along the north right-of-way line of East Fairview i '' y~ ~ Avenue to a brass cap on the eastright-of-way line of North Eagle Road; !J ,? `~'q F ~F Q~g ~/ Q~ Thence N00°10'43"E, 657.35 feet along the east right-of-way line of North Eagle R ad t b C y HAFT, S.9 o o a rass cap; 1173 East Winding Creek Orive Eagle, l0 Thence N02°06'43"W 250.20 feet alon the east ri t of-wa line of North e > g ~ - y e3sts Road to a brass cap; PN 208/246.8300 FX 208/246.8320 www.wrgdesign.com www.wrgtleslgn.com I Page 1 of 2 New Parcel 1 b continued.. . i Thence N00°10'43"E, 272.29 feet along the east right-of--way line of North Eagle Road to a 5/8.inch reliar on the south line of the north half of the west half of the southwest quarter; Thence N00° 10'43'B, 48.74 feet 8long the east right-of--way line of North Eagle Road; Thence S89°49' 17•"E, 1344.'74 feet; Thence 16.69 feet on anon-tangent curve to the left, concave easterly, having a• radius of 488.33 feet, a central angle of 1°57'31", a chord bearing of S43°41'33"E, and a chord length of 16.69 feet; Thence S44°40' 18"E, 649.89 feet; Thence 118.21 feet on a curve to the right, having a radius of 511.67 feet, a central angle of 13° 14' 13", a chord bearing of S38°03' 12'3;, and a chord length of 117.95 feet; Thence N89°59'29"W, 13.73 feet; Thence 281.58 feet on anon-tangent curve to the right, concave westerly, having a radius of 500.00 feet, a central angle of 32°15'58", a chord bearing of S16°07'22"E, and a chord length of 277.87 feet; Thence S00°00'37"VJ, 475.04 feet to the POINT' OF BEGINNING. The above-described parcel contains 53.94 acres, more or less: Subject to any existing easements or rights-of--way of record or apparent. Pa e:2~of 2 ©©~ g D E S 6 G N I N C. r~ ~~ ~ Reraroi~ 70.00' 5 vam o~ eeprnntny •o Legend - - ~~ Lfne - _ _ ~- _ _ - Seclbn l6re _ - i - Esietinq Rghl-of-Woy Lino ~ JJ - Seelhm Cornet i AA y( - Cuata-Sactbrl Caner S~j( (( J, . 0 - Proyortr Carty I Porcel io _ __ !g a R 35.95- Acres t , 9~ ~' d~ N ~b 8' '17'Y' r "j r- --- -________ ____ ____-___-___. !o , a Lhre Table s ~ Um BNn! Lt 'ry Gwa Table Corn Deno Redtw Chord Bear( Chord Cl •aJ' 'M sa •ao'aa 5 4 ~----- r it i t ©®~ Ne w P ~ rc el 1a E x h ib it Project No. 607 7070.00 D !! B I O N 1 N O. ~ J T / 1 p ~ p ~ p ~ ~~ridi° `~~ ~I ~1/~i, 'w t Date= M ~7~v1~~ cl~x Odre, ~ r1 ~ V~ AAariaien Ceniercal, LLC 3calel P - 350 ""~•~••.~•••~ CRyglAarkfattldolw Sheet No. 10} 1 r. 5r4 --------- ------------------ Legend i - eamamY Line - SxUan Lins ~ - - - Edsltng Right-of-vroY LMe - s«~ ~~ ~ - ~~a<_s~~ ~~ _I._ _ ~ - Property Cwmr -- ~- is - -G- ~ ~ ~ 11 4 I ~ ~ ~~ . . ~ ~~C TF OF ~V~`15 yAEL S.0 , I ~ o L7 Parcel ib ~ ' ~ 53.94 Acres t i . s, Lhe Tahla ~ ~ LJrN • 'M ~ Ls u ~~ ~ ~ Ls ' ~ u ou ; ~ I ~ o I~ i i I~ LI ~ i Po1M o/ B~BI^^~Y 5 4 s• ' t$S (UJ ~9J Eap falMar Awnw ~8'IB'1TE 204J.7JT___~_ ____ __----___~___ ___. ©®© New Parcel 1b Exhibit Prate ~• sono~ooo D @ • I O N 1 N o. i~@riC~iaR Town Center ate' o'~°va ~s taemc orbs rax. ~2 M ~ ~ met ~LLC Sc~81ei T350' °1°°'®•~•r.'" ®•P°,~•°~ Sheet Ne t of 1 CalVB Table Curn DNM Radlw C1ieN Grord Cf C2 'JI' 8. ' cJ a' 7, u COMMENTS November 26, 2008 AZ 08-003 MERIDIAN CITY COUNCIL MEETING December 2, 2008 APPLICANT Ma$on & Stanfl@Id ITEM NO. ~ 3 REQUEST Ordinance -- Request for Annexation and Zoning of 12.06 acres from RUT to R-40 and C-C zones for Regency at River Valley -- 2500 North Eagle Road 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: See attached Ordinance „Q~r}" ~~ \ • Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. ADA COUNTY RECORDER J. YID NAYARRO AMOUNT .00 12 BOISE IDAH012-04IOB 10:+1 DEPUTY Ylcltl Allen II I I' II'I'I I I' II I I' II I II I I'I I II I ~I'II RECORDED-REQUEST OF Meridian C1ty i ~Ei 1 ~'~~42 CITY OF MERIDIAN ORDINANCE NO. ~O - ~~9a BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 08-003 REGENCY AT RIVER VALLEY) FOR ANNEXATION OF A PARCEL OF LAND BEING A PORTION OF THE SW'/ NW'/ OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS TO R-40 (HIGH DENSITY RESIDENTIAL DISTRICT) AND C-C (COMMUNITY BUSINESS DISTRICT) IN THE MERIDIAN CITY CODE; - - - ---- PROVIDING-T_HA-T_-COP_IES__OF T-HIS_~RDINANCE_SHALL_BE_FILED~?KI_T-H THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BYLAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Mason & Stanfield. SECTION 2. That the above-described real property is hereby annexed and re-zoned R-40 (High Density Residential District) and C-C (Community Business District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 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. ANNEXATION - AZ 08-003 REGENCY AT RIVER VALLEY Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. 'That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~, - - day of ,g / , 2008. APPRO D BY THE MAYOR OF THE CITY OF MERIDL~N, IDAHO, this ~---day of ~ , 2008. __.____.__.._._.____._..... _ . _ _ ~-~` MA AMMY de WEERD ATTEST: ~~~~~~~-.--u, ~,,,,,,~~~/ .~~~`````~~ ~ 119 i~~~'''% Q ~ v i i = AL JAYCE . HOLMAN, CIT'~ C ~~`~ O ,, ,~ ~ ~~. ANNEXATION - AZ 08-003 REGENCY AT RIVER VALLEY Page 2 of 3 ~J STATE OF IDAHO, ) . ) ss. County of Ada ) On this ~ day of ~'Cel~ , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have here to set my hand and affixed my official seal the day and year first above written. ®®~®.o® __ (SEAL) ®®~"~®T~4~_~®, OTARY UBLIC FOR IDAHO ~ o ~`,'~'® RESIDING AT: ~~ ® ~ ~ MY COMMISSION EXPIItES: ' ® ~ , ~ ~ i ~``. ' ~e s 1~.~__ IV~~®®• • ®®®®®F ~ os®s ®®®~• ANNEXATION - AZ 08-003 REGENCY AT RIVER VALLEY Page 3 of 3 _... _ Legal Descriptions & Exhibit Maps ~~ $~ Sm4~v~. ~ • ;._ ~ ~: ,} ITT, ;P,~Q,'ssrpNA;l:~}y(,',~y~~r Li~9Vb.cS~i~~'XQ7tsi~ ~i-~° ..: , . ~~4 ~~~a~-Sr~^~ x~yr:~~~~:}ia~.esa~lzs~ iCAI:bA`~,j'~A710~i~.1~ Fk~tt:(20$}.434=0~'9 Emsil: dbo~i-~ne ~~~~ $a~}t i3itil'deis• ~JU~~T(;~.: ~JV:~~9~ D~1''~; A,prif ~1:8, 20Q6' ~~S~D•A1~1]V~XA'170N Aper~~l ofla~d'b~n~a por~iiui itfS'R~ ~J..4~V 1~4' 0!'S~,ori4; 2a~i~ip:'3 t+l'c~ age 1 'r~+tise• Nrend Cjty of ~e~ri'~ian, ~c?a•~ismpiy~daho;;a4 stiowaa: do tliat ~I.~l~ o~ ~nrvey'~ot 6. b~$.; rev~rded as InstruiYi Via, l'04;12'4t~;•~ gn ~$eAt ~8. ~QQ4 ~ the O~cce c~` th~• R~ox~et of Att',a. F~Upt3!, I~aho,'~r'q, ~ler_~nj! '~F'~ouF, J,lc. fo~t.lirian. Weiss: anot+~ i;ly'acsaa'$eZtas~oll'bws: ~n~i~1D$~~t1~•~iAetr+oF.~idSW~•r~'•N•W ~4,.¢VaSctli III.6.ccirner~u~mon~to~eGliops4 ~d'~,: said: eori~r #jears ~,'b0° 3'~ 08'! ~:, n disi~c~ of l:~~1,~7 •fdct ~~ ~e N`VV cparer•of ~a#d. Section.#:. ~tiet-c~~:'0~?b 8'6~' .L~:"•Vrl`;.c•d~jst8!id~q#'~t6:~0itfilp~etly~8dd~~, along~Ete•westerl~:boitiadgry~ pf~?tid'~'W'~2/4I~W 114::to f~P(?1_N'~ OF B~~II~G; '[~~co.~.,89°~#' 44'r'E:,-~a~l%sfeid~eof~~.~~.~q;•(foi~erdy ~tk.to ~tpoipt.oa:tbe~e7y. tutu.o#'that•i~rtain.~ty~Ctl•reca,dedes Tsstrumant~in;~50~8~3d iirt~ ~%e of ~eQa~eT Q~.~. Cqu~rt~3!r'~, S~o~jt •cnbin~~ited '~~ ~d f4lnnd S/$ itlcli dSCneier 4b4in..pia 'fence aT$a~.tlig bpy!:~~;~i'd' R'.~P•~iaveyhlo.:6~38~•the ~`ollo.pour~.a~; ~li~cB a~8~n~~g ~: •$9° •x'•49" .~•. ~ ~c~s:C~3;tl.(~0. fee~..(Pbt~'° ~ to a round 3i8 ih6h . ~~ ~tpia' ijied "ASCi PAS x'31.4"; 'ticeI~f tl0° ~'6' l~ 1"~&;.sr• ~`stence ~~ 21.8;08. ~'ee~: f~-unekiy Ntut6 218;9 f~et~ to ~l~binf o'n.•ili~ so~~o~,~~i~t ~:+~x~usr.~~:.~~i~ i~oo~s~a~ yea 8~~as~ui~at~o:~'~;p!C0~7(t~i'~i1 •~lie 0~`ce•o~~e •I~•~otdpr.afl~a~ta~':Ydaho,~iif'pdipt wiines.St~0~3:¢' 1~?''~V.~g-dQf4Q;Q¢.f~t•.8'~und.5.I8i:~diameter.i#oapii~ '~.~!~ .c4nhni~i$ a1i~Agit~boutttlarja ~f ~d]~cacd:d~Surv~llfo: 6d3$•auutd'BIggg•lh~:•sput?lerl~+, ~'ioundary: of.sai~~il•Ttd:1:Q4.04~0'~St~e .follo~Vic;'g~}kts~••aiid'tlislimpas: T.henC~ h`1.84:~'26' l •!•" ~~•., s dtsiance tsf 1~~4S.faeg ~fq,~got+. N..$3.`~•$0'.F.):fi4 a• po~}4;. .~ , ~:~ §`~'~'~l~:4u uvt,, 'P;~br:~o)w~c.h',1,4m~u,~vero~;.~ ~~-~v~fi. ~ea8~,~.~t.3, ~`Y'~cns~•~..dG" l~8".495F~.,.ad}sfence,o~~64:Qp ~eey(fo~inc,~ly ~. C~° ~S'~.?,.~a g~oini,.~id~pot°.nb k~fe~ei-r~ei S. 4S~,2b' 7 k~ W,, a.daSt~.cg of ~9.t)tt feet:wit~h at`ow1~ ~l8 i1~ch :dian~ter rod,pin '`~:e~c•.e..~ •3.4~ 4'S:~ 45io~;,.~ distance of~2~:~'~#e~f~fc~e~~~ S•. ~~° ~?~,)ato•a ~iai9 mid point ~~feo~fced~~S.. 86°• ~: ~•.S"• ~!.,. a iti.~ap'c~ ~gfY.~,30 few°~with mound SIB fncb• d"saipeZe~t i~an. pin tti~lteil "AS.C.r:~GS'Z3.1'4:'•'; . 'Te~.S, 7Pd~ S6' $~" bra distance~o£13:Z;ftO feet,{f6imet~y 5.: 7T° ~5°~ ),.tq a found 5!$ iueh digrnere; ixpft tiin marled `"A,Fta' PL,S 73 x4?~ Th'en~s $.'&5°.~'3' 49":x.,. a d~ {~~1.74 ~ feeta(~'oai4rty 5. $G•° k0'L..),,•tp.apotnt;wid point refetenceii'~:. ~~7°~ 4~~ ~"~ 91?.~ a••distancs~ of'30:00 •foei wit~•a#ouit'd<~~/8 i~h ~ismex~r i~on.•~ wed "ASG p~ 7~l.4";. '7'1ik4ice ~, 4t)a 43' ~#9°• ~, a dist~nc~•o1' 364:9:8 Vii; ~fojrrly S:, 4 ~ ° 2Q'E.; a dislai;c~ of 365.3p :fe~ta; tc?, ~ fouled .51.8 utu11• cii~iia.. iroii.pin. m~ik~1 `".~Sa~P~S ~3 i'4~'; Tticrice~ $. '1,2~' S$' 49'' E.,. a dist#~eo oir'99,~9 ~feel,{#diit~edy S..'J~° ~5;~.~ a distance .off ~$34:feet)> to ~.TttliAt an~ the .easteily-l>ciiiida~y ~;f•~d SCE ~,t4.~V 1?~, said poiirt iv~.~oe:~ett S. 00° ?i0'4$^'W:, ;a• di'S~azice. gf'~13A0 deck ~i~, $ fo'wt~l 5/8 iitR'h d~tel~ toa pin fed ~`AS~' P:~S'~ 73.14' b ~'h~ce •i~ ~ s~ul~ei•1y. bound~agry oF~iillastrii~i~nt ~o~. i~•p4d47Qa9• ani~• L~ntirilm'ag`~tpn~ ~~• bbtw'dq~!O~d:~~i.O`, td.f~~~J_`ill'VCy•1~[Qr4~V3~'.Dya'~Ot!4'~° i~..rr~'SitSfAi~¢fA~'~~Xa~•1~S~~dLn~fQ6!i+~F.!y ~iuttr.~ distancR at' 1' 1~~~$6• feet), ~lo~ the ~,`~~• bout c~~s~id 'S:•111f Xt4 fi1~W ~.~4 fo t6C S~ ;eornec ofsaid 5~V''I~/4.I~17 ]/4.~ {~en'te~v~est ~1~6 i~r~c~'),.s~iiid"crp#~er'fuq~-ent~d'vvi$ o f4W.gd S~$' ia~ di~n:i~'oit. p~iti.~te~1 ~~,T ~'~S 434'•x"'; - '~henc~ t~7> ~9°:4fi~' z~"' fit:;, o ~di~ttce 4f: 4'1'$,~7.fcei;(nerly VK~ u.:disitugce :0~97~:24_ feetj, aloag'the'~iutbteity. bciun~y a~ said $VV ]~~ 7~V t %4 Ui~•a ~ur~d 5f$ ii~h diaFitel~r.:irctapin.inarihed. uASa;P:>;,~:~`)~4~` vlt~cb.~:-$~° 43•' :2•l~' E„ a-t~i o~~SO Q0~ feeti'roiflL ~'V~"oo~er~ af' ~id:s~l-' 1-t.4• ~~. l rd;(3t?t •comeh coin~rian to s~ji4msr 4 aud_.~~; ~4nee'N: tIQ'°.3ta' :l I" E,,,~~listaiice of 180:p0 feet (fismrier~Y I~litrtt-~, fd fifound5.~'~ia'ch di~cter •:iron~~a'marked"`ASC~~R~:,S 2374";, 'I~ien4e~V: $-4° 45'"21'~~'9l~•: a distar~pe o#'`49:$~.foai,~f~eity"We~);to a psint~oo:ihe reasierly h4'~d~'y ti~that ~C Warranty ~eed~ ~eeorded~ astnsttum~atNo. 774~180br•~n the Q1~iice of t~ R•ecor'des•o~' . cgt,~iy,, Ida}io, said' port ~o~iuipenfed w~idt~.tot~td_".51.$~ irich dia~eteCr itc)n join. ]~F •QO" -~.~" ~•1'~ E.s ~.diS~noe .of".T~3:.Ei0 ~£ee; ~(fo~erl~ laTortFij, alonS t>ie. easterly' brnmda~y :ofsaicl.I.ostst~ti~nt~Nb;.77;4'1:~806, tQ a:it,.~aid:po~t'w~~ S. pia" 3:e: l l~' W.,d dist~eg of ":t•,t}t?.4~otic .a f~un~ $~ pic~6:8iameter' iio~.~ia marrk~d ~"A,S:t# PI.~ 4~';~ -- ~._ •s+~~.tri~: ~3.,~ :p'Rr/!?~f0,1'kC EM1'~/1Vp.y ~'~~!EY~ASy,~ 3'Mi~ pis 3'~ ~. ggcb ~Fi'dilderry A9ullf 'ltami7y~~ IZASkSwv~liega~s~l~is~A.~.utexdgc .F ~~1 Ttienee X1,,.:8:9'•43' 2~'~ ~:i.a distsncs o~~•30:1~4 f~t,(.fpr~ierl~: ~JV) ~~9t~g tlte.no~e~ly~~ou~.dary. .9#`said eat l~il; .7?A„1$;bG ta'~~ ~j4.i~~. ati. tbe.e~~~~ tionbti~j? o£t6a~ said• VlFarmnty Deed• ~srtrurnen~Nt~: ~5~11~843A~«saic~;pdinf t~oiiuia~nted wa~l~ ~ found S/.$ i tti~ii~tAr~r~in pain. f~ Thence ~cot~gm8 ~:• gg° .45' Z~.» W., s dis~c,A. of 7Q;90~ ~'8et, algtng too e5ttension:of sai~• ~~o~~~•tadti~~Y~tG ~ ~iroini ;9d :-vvest~rfy ~8owtzi~g o~said S W 114 N'~V 1J4; '1.Nt .Uq'~ 3~6' 1:1''x„ ~rdi~~i3co of 2~`18<~4 felt albpg fhe•ea~rl~ b~i~d~+ cif ~i~d Wa~:agCy :D.kustruinetni~~95b~$!#3~} to tk-e•'P~JII~l OF $F-tGD.l1TG. - ~&is P~' c¢i~t~iis j.~ ~ :mss more: or less. .All.a~~ot?ang •tc- tfie•~+~cbcd of ~,~s.t+ncot'ded iii.~the Office of the. Ada Ca~tnti+ lte~(i~ttr. .~?tJBiT~.GT'•'~O~ ill ein~ ~~tS of ~raY •~d~easament~ o~recvrd or. iin~Rlied appea~:ii-g. o~ the ~t~ve>:deil;pel o~'.lend; . This ~ bon w~ wtitt~ta ~vithcnt# the~•l~ae~t of aC1i?~Il P ~ ail. va'~ar~' ~eyt ~.c~3ulSes sljorivn~.:hn~weiepr firdtii thaKc~risin.l~cord~af•Sui~~ ~tir.~"G~`•38';Itcc¢rd'ed As fnstrc~nent.IVo: "1.04:1'24Q:1$" inih~ Ofl~.ce o€t1~~ I~~ot+d+~ ~f A~:•C~~tY~ Ide~ho. 1 sY ~~'~~'s c C-C Bot]ntiary ~~~~ ~ ProfesSior-al Engineers, Land Swveyors artd Planners oe~~yy ~ 314 Bsdiota SC CaiduVall, (D 836'QS 671. ~ ~ a .~nc: r Ptt (~) 454~25H Fez (200) 454-0979 e-mail; dhol~s.us FOR: Bacli Builders JOB' 1V0.: N\[1205 DATB: June $; 2006 AMVE7fATION PROPERTY DESCIt1PTION PARCEL. ~ A parcel of land being a portion ofthe SW 1/4 NW I/4 of Section 4, Township 3 North, Range 1 Bask, Boise Meridian, City of Meridian, Ada• Cmmty Idaho, as shown oa that certain Record of Survey No. 6638, recorded es Inshipnent No. ]04]'24018 on Sept. 28, 20'04 in the 015ce of the Recorder ofAda'Cbuaty, Idaho. by AudeiSon Su<veysnouls Ice. for.Brian Weiss, more particuhu'ly deabribed as follows: Commencing at the SW cQ~ of said SW l/4 NWl•/4, (W]/4 comer of 3ectioa 4), said conbei monunu:Med with a~brass dis15 Thence Ai. 00° 36' 08" E. a distance of 543.94 that alons•the westerly.bouadary o$said SW 1/4 NWl/4 to the POYNa OF BliGI1VNIi1TG,; Thence $: 89° 23' S~" E. a distance of 70:00 ~ pe#pertdicular to said wily bounil~y to a point monumepted with a foimd3/8>inch diameter iron pro; Thence continuing S. 89° Z3' S2" E. a distance of 23A<00 feet to a found 5/8-inch di~neker iron pia; Thence S. 00° 33' S4" ~lT. a distance of 2.17.06 feet to a found 5/8-inch diameter iron pin; Thence, N. 89° 45' 23" R'. a distance of 230.15 feet parallel with the southerly boundary of said SW t/4 NWl/4 to a fodmd 5/8-inch diameter upon pin; Thence, N. 89° 45' 23" W. a distance of 7000 feet parallel with the southerly boundary of said SWI/4 NWlf4 to a found S/fi-inch diameteriroupuly Thence N. •00° 36' 11"E a distance Of 218.94 feet•paYaUel with the westerly botmdary of said SWl/4I~iW114 to the POIIVT OF BEGLIVNLDiG. Tlijis paiccl contains 1.$0 acres more or less. Also, this.parcel' is subject to all easements and rights-0f way of record or implied: R-40 Boundary ~•.~a~n ,: Pt~tessTarial ~r~)~a~ets, Viand ~utiteyors Brad Planhers `-` . ~-~ ~ ~''-~ 3f4 B~djo:~a fit, C'al(i+rv.~li, IQ'8$6b5 . ~~r~l /n~ Phcj41)~6 ~x•t2Q$,}A54.~979• :e;ineil~ dho ~~ naent~ ~~ ~ROi'~~tTY 1?i~SCON~ ' ~a..,x~~UZ~ f~-eta p del of 1$nd 6.e~pg-8 peirtion• of the S'W ii~9 3V V.V t!4 of.S~tid~t 4,, 'IFowri~~ip 3 North; Range 1. 1~ast;'~oise lvie~rdian; ~(ty~.Qf ~Vlerjdian, Ada Minty 4, •~s• shown on t6at:~Rec~rd of ~SprveyNo. tiCz~$,,trcq a,~;'Unst:,~rtt No. 10412A01•$• on, dept: Z8, 20Q4•:ia•the QRice of the Reeder oEa; Cpuiity+>:t~tio; h3' fipde~son;.survey {"n+pup; :lnc.:fvr Brian ~!eiss, more p~itict>larly ilesari't~ed`•as f,411.oivs: C~mmeneigg at i~e'$:W°aopie2 oi`~said S'N~i~/4 NV~1/,4,. (11VtlA icbider .oi':Seciio~•4), said corner mon~tmente~lfi+~1A:m.'b'tass•disk; . ~trnFe'S, 89°' 4S' •23n iG• a cistauroa oi'$'39 O i feettq t1~~ 1f'(?I1V~ •Q~.BE~~, said paint :cnOnninented~ with •a found ~!$•idcti diameter uqn p~-' °iienee 1~: UO° 36".08" L, •a distaaoe of 1•${?,00 :feet paraflel witti:ttie y~+~siterly btiu~acy oE;seud ,SW 1/47JVi<• Yfi4 tq•a ~dutid ~f8•-~b:c~iAingter irasi~y 'Th~c~'N: S9°4.3' 23~' R~::a di'st~~e p#'4S:8b.~eet•gar~l~l vyiftt t~ snIy.tiouhaar~ o~'seid• S~U~~V~I9 ~ a:lapnnd ~/~-ixirl~~siiameteriron pir~;: ec:ltifi ~°" 3•d.'• OS•'' R, a distance of 1 ~15,Q~ •~eet i~~ •vY.#tb t#+e wesietty 6ougdar}~ of mid S`4V 1l41N'V~ 1~/4 •ta a found Sl$=iii~h~ia~meitt~ i_i~oi~.p T~TY..O,pa 33' S.4"'E, adise o#`21.~7,;06#~t#o• a~'o~51$=i~ch.,•8i't1i~le~pi~ 'ThenceN;•~'3:6~' 4~''T:•a:(~an~e of~l$.Q8 t'eetileT~v~th•t~i+vestealyi~~gdoij'o€~idSW I/4.~f 1/4 to a~aint•that_fa?zls~ni t$e Sciutl-~Sfoygtr ~`I'henbe~ayong said South Sfo~i:•t6e ~bllo~gg•covrsea and diS~iances; 7.fieuce N,. $4°:2t~~ Q•$"~E.. a t.'lis~oe: ttf 17.43' i~t~o a pQit~ 3?lieb~e. ~,• 6C° 9:6?' ~~".~;. a di~~ of X4:00 f~t~:~ Pow 'The~a~ $.,.34° 4:8~ 5.2"'~ ~~,~-st~on-bf:~2~7:9~'fc;~f ta~a'~irit; ~7ie~is:e•'S, fix" 16''S2",~aili~nse of13.-2,(H~'feet:to:a;~oint; 7~ence.S: $5.4 33' Sz" lr.:a dis#aaee~:cSf x7'4:90~ feet to a~oiut;. 3~icece S•, 40°•43' S2",1r, a ~.muoe •of 3.64:98'Feet~tb ~i Hirai;, • ~ - .... ik1A50N`&..SC~ELD, Y,YC. ~S'i9J~t?YO.~.S,.IG~N~`I~,T'dc ~ty41Y1~i ~tiT p~e~2• ~'S. 72°":x$, $~''•~.,at~iStce o~99:2~ 'to a ~iaten~ibe e~ste~•bdundary of•s~id.SW.lt4 ~1}Nll4; ~~~ 1+easaid .slou~i S 06n 3R' S2" W. ~..disraiice Qf 11 feet ulbng:~i~l ca~terl~ :b4waciaiy tq. ~E cgm~r o€ said ~R!114 NCI.%4, mid c~rr~e; ~gnuaaelat~ with a fouad ~'~8-iiia~i dianicte~r• iror~~~iia; Tkene~ 1~', ~}' 43'• 23", W. a .distance of ~78}.3~' fear a~idg•tho •5:gt',1~ ~booAdary bf S~iid .$V1-a./.4 ~.V:V[~1~4 ~b ~n.PtJJN~' •OTf B~t'f'R~11~1~: This,:e~ c~ntiaip~: ~1~.36';secgs rriuie or•'t'e,~~.. _ 41:a~~:'!~i~~arce~.is•~prbjmotto.:ellea~ement~and.ri~s:~f~wayof.record~~or•m~lied: ~gY _ . '~"~~~ .C ~~ t1.~T~K ROAQ ~F ~w~as~ Svaroro s» 1 jyj.1 3`T:4} ~ ~ _. ~i : 12.06 ~~~ ~h ~~~1°w ~~ 0. 0 .• 1IaE TA~;E Lt~E .BEARNG. F714fM7C£ 1.4 589'23'49!E' 0~ 62' S4Fi '311~J ]O.oO tJ' 8:. 3S1t ' .' L4. S27•iTfiJ"13 ~pAp /.alCfC~t~S, . , N ~~ ~~ •~ ?~ ~ ~+c . ~~ --- __--~9'_ ~ Y41 L•S ~Q' 8Y_„!~% d .101)'1bt) J~11~1..25 Scbfe: 1°=,270' p~~pUlN pp.L.841G wpRKg CEPS -'_ ~. _ ._ LEC~END~ ~cutoled point: F~an`d bXOSS; ~ ir~auiir~nf !: ou~d ~S/6 i[~h dW. kon p1n w/plgsdt~ cop "`A~SG pL~ 7314', ur~ess oU,erwTse noted. Witness. cosrter ~~~ t;o~r~x ti,~ ~~~ ~ ' atii0'7 c ~ ~d s • 33 I ~ ~ FOItdT ~ ~f;1~1G PAR~L 1 F ~ ~ k93~ X314 , _ X9.23`52"E _ _ ' ks 7314 ~ ~ ~ ' I ~ ~ i ati 1. $i} Acres. ~ I ~ ~ N PtopOSad o~c.{ i 4 asr i~ 37Ya 230.15' pS4 LS 7344 ~. ~' ~ 6i,E Fi~I.E j ~"' ~ , 4@IE Ki G~5TMICE t I l3 589733 I . 7P.9'24`E 7 ' I ~ Fr( 1 I 1 A50 45 A9~ LS X7]4 I ~ e ~ r~{S__~ -SfiO1~E51B~ifi?Y ~A7E'Rr3L __y_.,~t,;~_=,.~._ S4 ~4 Gor. AwQ LS 731 ~ 9 I Pa~c~, y ®wfsR A ~i ' osro % mo~mrt aaroe! 1 _~ as0'1-'!c an~era ~ r= aaP 8'iTl~ Me lNBoEbBCtldOJ~Q r~ u - ~--~ $ ---r >~:T - ~. 4 1~ n~ ~B a ^ w ~~ ~~. \• iY t ` I .41 "x~ ` ~. Gt Ye! w _ • ~Ey. `v r~v~ ' vas ~'' ~u~a5,z~ n~~~ ~~~~ ,~ I~ f .I 7 1 I I 1 -,~ ~, \i. `._ r r~ November 26, 2008 MERIDIAN CITY COUNCIL MEETING December 2, 2008 APPLICANT ITEM NO. ~ 4 REQUEST Executive Session per Idaho State Code 67-2345(1) (f) 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 Mertdlan. COMMENTS i • MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joe Borton Charles Rountree David Zaremba CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2355 N.W. 8th Street 888-5242 /fax 884-1159 DELIQUENCY FOR TURN OFF Schedule for December 3, 2008 Cycle 1 MAYOR: This letter attests to the fact that no water users have requested apre-termination hearing for December 2, 2008. Users having delinquent utility bills will be shut off on December 3, 2008. The total amount past due is $14,426.18 The number of past due customers is 141 ~~ w Sheltie L. Gallagher Utility Billing Manager CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 830)42 208) 888-4433 CITY CLERK -FAX 888-4218 CITY ATTORNEY / HR -FAX 884-8723 FINANCE & UTILITY BILI:ING -FAX 887- 13 MAYOR'S OFFICE -FAX 884-H 116 . ~ i • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Dec 02, 2008 03:54pm Current Period: 12/05/2008 -Transactions Included Through: 12/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<}7700000001 Customer.Bill Cycle = 1 Customer.CustomerTgpe = {not like} BANKRUPTCY% Customer.disconnected =False Customer.shut off list =False Customer.Vacant =False Ref No Cust No Name /Service Address Past Due Balance 1 36.69.0632.01 ADAMS, RAYMOND & VICKIE 89.35 175.93 1348 PEACOCK ST E 2 30.74.2968.03 ALVAREZ, JOSE 55.07 121.04 1577 PINTAIL DR W CANCELED D/P PER CUSTOMER REQ. AS OF 8/29/07-CUSTOMER IS OWENRS DAUGHTER. WILL SEND IN NEW FORM FOR D/P WITH NEW ACCT. INFO.-DB 8/29/07 3 37.37.3808.03 ANSELME-SOUTHALL JULIE 127.31 160.01 2156 BEARTOOTH WAY S 4 35.35.0042.03 ANTONOV, ALEX ~ GALINE 62.98 138.34 2730 GREEN CANYON DR E 5 30.74.3110.03 ARENDS, GARRICK 8~ STEPHANIE 52.83 165.26 919 EGRET DR W NO ARRANGEMENTS, NO CHECKS 6 45.25.0310.02 ARNOLD, MICHEAL S 53.12 100.79 1341 SICILY ST E 7 36.51.0001.01 ATM DEVELOPMENT, LLC 698.78 1,538.08 SPK - CABELLA CREEK 8 36.69.0490.02 BABCOCK, KATHRYN 70.08 115.21 1186 SHEPHERD ST E NO ARRANGEMENTS FOR RENTERS!!!!! 9 21.48.2000.02 BAKER INVESTMENTS, LLC 180.09 249.81 2145 FAIRVIEW AVE E 10 36.88.0125.02 BARKER, JEFFREY 106.61 150.19 2219 BLACKSPUR WAY S 11 22.51.2622.01 BENTLEY, DONALD 166.64 393.57 505 KING ST E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Dec 02, 2008 03:55pm Current Period: 12/05/2008 -Transactions Included Through: 12/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 12 24.62.0202.04 BEUCHE, KURT 69.54 112.26 750 GRAY CLOUD WAY N 13 23.02.1580.02 BLESSENGER, RONNIE 8~ HAZEL 70.14 118.49 14182NDSTW 14 35.35.0120.02 BONVILLAIN, CLAY & WELLS, TONI 90.33 154.13 2601, LOFTUS WAY S 15 25.05.0292.02 BOORMAN, RICHARD & LISA 184.02 294.06 1226 CEDAR CREEK PL N 16 35.38.0501.02 BOOS, THOMAS 56.88 88.22 3195 HUDSPETH AVE S 17 24.03.0396.05 BOOTHE, KEVIN & KITTY 73.70 158.39 841 TALL PINE PL N 18 35.35.1458.01 BORING, SCOTT & ROCHELLE 95.36 146.94 3139 BEAMER CT E 19 45.25.0307.03 BOULLY, MISTIE 82.25 133.67 1411 SICILY ST E 20 22.50.1988.04 BRANDY, M. & WIEDENHEFT, A. 84.95 156.64 1112 CROSSBILL CT E 21 30.74.3242.01 BRINER, RICK & VALARIE 50.52 113.42 439 PELICAN WAY S RENTER PAYS TOTAL DUES + FEES 22 21.21.9114.01 BRYAN & KART HERMANSON TRUST 69.03 126.35 1977 WILSON LN E - C & D (RIGH 23 24.62.0203.04 BUECHE, KURT 93.83 151.17 742 GRAY CLOUD WAY N 24 30.74.0372.03 BURGESS, BRANDI ~ MILLER, B 63.48 139.34 673 FULMER CT 25 25.95.0810.03 CARLSEN, PAUL D 68.53 167.77 905 WOLFSBURG AVE N 26 23.02.4590.01 CARNAHAN, JOHN 73.41 168.69 1231 13TH ST W • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Dec 02, 2008 03:55pm Current Period: 12/05/2008 -Transactions Included Through: 12/05/2008 Shutoff Minimum of $ 50.00 compared to Delinque nt Balance Ref No Cust No Name /Service Address Past Due Balance 27 24.03.0850.03 CASTON, CASEY & MEGAN 66.84 165.52 674 BROWNFIELD WY N 28 30.74.3518.06 CASTRICON, JENNIFER 59.42 111.00 971 HONKER DR W 29 20.46.0232.03 CHAN, KIN WA 68.53 165.49 3612 PRESIDENTIAL DR E 30 32.32.4944.04 CLARK, ANDY I & SARAH 131.10 194.03 493 TRUSS AVE S 31 29.07.0892.03 CLUPHF, CHRIS 68.64 119.93 1900 MERGANSER DR W #1 32 46.18.0409.03 COFFEY, MICHAEL & BRANDY 55.24 132.59 4149 CUBOLA AVE S 33 35.35.5028.03 COLDWELL BKR TOMLINSON GRP 56.25 81.77 2870 GOLD BAR AVE S 34 22.20.0054.02 COOPERSMITH, R. & WITHEREL, C. 50.81 115.39 1233 GALLANT LN N NO ARRANGEMENTS FOR THE RENTERS PER PM! 35 23.02.4280.03 CORBETT, ANITA K 85.95 196.79 1226 MAPLE ST , 36 20.46.0330.03 CURTIS, MICHAEL & DEANNA 109.47 161.02 3524 EISENHOWER DR E 37 24.04.1694.05 DEL VECCIHO, MICHELE 146.74 225.24 2634 LEROY CT W NO ARRANGEMENTS ALLOWED UNTIL 9/23/09 38 46.16.1329.02 DEUTSCHE BANK - LEBOIS REALTY 56.08 298.29 2169 SICILY ST E 39 23.02.5840.02 DJ INVESTMENTS INC 79.76 159.39 1338 CARLTON ST W 40 30.74.2764.02 DOCKINS, KARA 111.00 175.19 1476 CRESTWOOD DR W 41 24.04.1166.03 DONALDSON, NEAL 105.78 160.22 2620 FORECAST ST W i • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Dec 02, 2008 03:55pm Current Period: 12/05/2008 -Transactions Included Thro ugh: 12/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 42 24.04.1312.02 DRIPPS, NICHOLE 55.11 119.69 2805 EBBTIDE ST W 43 25.95.0818.01 DUPLEX, KENNETH 66.85 164.67 4279 NEARBY ST W NO ARRANGEMENTS ALLOWED UNTIL 3/20/09-CUSTOMER USED 2ND ARRANGEMENT ON 5/16/08-DB 44 20.47.1228.03 DYER, GEORGE & NOYAK, CYNTHIA 92.31 152.30 4158 STONEBRIDGE DR E NO ARRANGEMENTS ALLOWED FOR RENTERS PER PM!! 45 22.50.1734.03 EARLS, SHIRLEY 88.86 136.14 1308 MERIDIAN ST 46 46.16.1323.02 EDWARDS, RICHARD & JILL 91.24 151.52 2315 SICILY ST E 47 45.20.0305.02 ELWELL, BRANDY & PAMELA 127.76 201.73 3268 MURLO WAY S 48 30.74.2754.01 EVERMAN, DAVID 111.60 221.68 1372 CRESTWOOD DR W 49 35.35.0087.04 FIELDS, SCOTT & CHRISTINE 111.16 179.12 2832 INDIAN CREEK DR E NO ARRANGEMENTS ALLOWED FOR FIELDS UNTIL 3/3/09 DUE TO BROKEN ARRANGEMENT-DID NOT KEEP LAST ARRANGEMENT--DB 3/4/08 NO ARRANGEMENTS ALLOWED UNTIL 9/25/08-CUSTOMER USED 2ND ARRANGEMENT ON 2/26/08-DB 2/26/08 50 22.50.0280.02 FIELDSTED, CHRISTY 141.49 201.64 1026 MERIDIAN ST 51 24.04.1708.02 FREINWALD, CLAY JR 77.12 156.86 2628 LEONARD ST W 52 30.74.1034.02 FULLER, LANCE 116.50 309.50 44 ROSE CL 53 34.34.6098.02 GALLOWAY, BRENT 116.02 191.72 3472 SHERGAR CT E _ RENTER PAYS TOTAL DUE + FEE -- NO • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Dec 02, 2008 03:56pm Current Period: 12/05/2008 -Transactions Included Through: 12/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance ARRANGEMENTS FOR RENTERS PER HPM!!-!!!!!!!!!! 54 22.50.3836.01 GIBBONS, SAMMY & SHEROL 56.77 124.53 1510 SOTHESBY ST E 55 25.95.0750.02 GOMEZ, CAROLINA 91.54 151.69 954 OXWICH AVE N 56 22.50.2238.03 GRIFFIN, TIMOTHY & ASHLEY 114.43 165.88 1086 CRESTLEY AVE N RENTER PAYS TOTAL DUE + FEE 57 29.07.0966.03 HAASE, TRAVIS & RAGOSA, C 56.10 94.65 1789 CALCITE CT W RENTER PAYS TOTAL DUE + FEE 58 23.02.0488.03 HANDLEY, JEREMY & FITTING, MIC 95.00 137.09 680 APPLEGATE ST W RENTER PAYS TOTAL DUE + FEE 59 23.01.2020.02 HARRELL, MARTY 69.80 102.53 309 IDAHO AVE W 60 23.02.2360.03 HARWOOD, AMANDA 137.43 209.12 202 WASHINGTON AVE W 61 46.20.2092.01 HEARTLAND TOWNHOMES PROP MGN 69.06 -94.91 3240 MILAN PL S 62 25.05.0220.01 HESSING, WILLIAM 90.69 260.84 3887 BIG CREEK CT W 63 25.25.0154.04 HILLGER, KENNETH 50.56 103.77 3321 WAVE DR W 64 25.05.0722.02 HOLLEY, ANNA 109.01 192.96 3540 FIR CREEK CT W #1 65 37.72.0228.03 HOOPES, ELIZABETH 153.37 214.28 2109 COVEY AVE S NO ARRANGEMENTS ALLOWED FOR RENTER (LARA) UNTIL 1/29/08 DUE TO BROKEN ARRANGEMENTS. CASH ONLY TIL 1/29/08 DUE TO NSF WRITTEN TO GET/KEEP WATER ON. 66 24.03.0100.02 HORSLEY, SHANE 61.75 101.66 631 TIDWELL WAY N • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL ~ Page: 6 Standard Payment Customers Dec 02, 2008 03:56pm Current Period: 12/05/2008 -Transactions Included Through: 12/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 67 30.74.2474.02 HORTWICK, JOHN 98.32 126.59 1348 KIMRA ST W 68 25.95.0732.02 IBARRA, VINCENT & LISA ANN 103.43 194.04 930 PORTCHESTER AVE N 69 30.74.0680.03 JAACKEL, ZINA 89.20 137.84 702 BARRETT ST W 70 24.03.0874.03 JOHNSON, RANDY D 55.99 99.84 599 BROWNFIELD WY N 71 25.25.0108.04 JOHNSON, SHERI LYN 160.45 227.63 3240 WAVE DR W 72 35.65.0236.02 JONES, DAVID 8~ AMY 53.20 110.44 2521 RIVER DOWNS PL S 73 24.04.1138.02 JONES, NATHAN 58.71 92.80 1040 MAU RA AVE N 74 23.02.5510.03 JONES, SAMUEL 93.27 191.32 1501 MAPLE AVE 75 22.50.2360.04 KEANE, PATRICK 8~ JESSICA 53.88 123.05 1287 DRUCKER ST E 76 30.30.6222.04 KLAHR, KEITH B 57.51 83.03 1348 JACKSNIPE DR W 77 30.30.6242.02 KOLLING, MATT 157.94 205.32 1144 GRAYLING AVE S CASH ONLY PERM. FOR FLAUGH-DB 6/9/08 REMOVED CASH ONLY & NO ARRANGEMENT ALERTS-DB 8/16/07 NO ARRANGEMENTS TIL 8/3/07!!!-CASH ONLY TIL 8/3/07 FOR FLAUGH (RENTER) WHO WROTE NSF TO KEEP/GET WATER BACK ON. 78 35.35.0196.04 KOTTS, BRIAN 8~ ELIZABETH 118.07 171.01 3183 TAGISH PL S 79 37.37.3340.04 KYNASTON, RODGER L JR. 182.76 211.03 478 BEAR TRACK DR W 80 20.46.0372.03 LARSEN, PAUL 61.35 149.50 1057 CAUCUS WAY N • • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Dec 02, 2008 03:57pm Current Period: 12/05/2008 -Transactions Included Through: 1 2/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 81 30.74.0106.05 LAWRENCE, JOHN 112.43 178.67 580 LYNHURST PL 82 30.74.3250.02 LEVITY, MONTE 98.33 184.02 519 PELICAN WAY S 83 30.30.6240.03 LEWIS, GARY 51.54 114.21 1162 GRAYLING AVE S 84 46.55.0110.03 LONGSTREET, JAMES 50.07 129.20 1720 ADDISON DR E 85 23.02.1890.03 LOPEZ, JESSICA 54.22 105.77 324 MAPLE AVE W RENTER PAYS TOTAL DUE + FEE 86 22.50.2336.01 MAGNUSON, ERIC 67.52 125.13 1228 SHELLBROOK DR E 87 24.04.1984.02 MALL, RANDY W. 8~ KRIS 61.15 130.51 2167 SONOMA DR W 88 30.74.0394.03 MANTHA, TRAVIS 8~ APRIL 105.94 157.39 766 FULMER CT 89 24.04.2016.01 MARKS, EUGENE & JEANNE 116.12 229.33 2188 SUNNY SLOPE DR W 90 23.01.1330.03 MARZ, KIMBERLY 60.57 115.19 8133RDSTW 91 36.69.1274.03 MAYBON, AARON 65.21 144.11 2657 ANDROS WAY S 92 46.60.0078.03 MCAFEE, ROBERT & LEANNE 64.44 89.96 3698 ARNO AVE S 93 36.69.0564.06 MEHMOOD, ADINA 103.27 128.79 1088 BORZOI ST E 94 34.60.0409.03 MEYERS, BEN 102.49 179.32 2786 PROUD WAY S 95 24.62.0223.03 MIDDLETON, DENNIS ~ PAMELA 54.19 122.15 2991 MARBETH CT W 96 35.38.0505.03 MITCHELL, JAMES 51.73 91.67 3073 HUDSPETH AVE S RENTER PAYS TOTAL DUES + FEES a • • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Dec 02, 2008 03:57pm Current Period: 12/05/2008 -Transactions Included Through: 12/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 97 24.03.0036.04 MOELLER, SCOTT 101.10 159.36 696 TIDWELL WAY N RENTER PAYS TOTAL DUE + FEE 98 24.04.0922.03 OCHSNER, FRED 146.38 208.05 972 MAURA PL N NO ARRANGEMENTS ALLOWED FOR RENTER OCHSNER UNTIL 8/11/09--BROKEN ARRANGEMENT 99 23.02.0210.01 O'HARE, ANTHONY & JANET 88.86 156.10 1030 4TH ST W NO ARRANGEMENTS ALLOWED PERMANENTLY FOR O'HARE (RENTER) DUE TO BROKEN ARRANGEMENTS IN THE PAST WITH THE CITY AT OTHER PROPERTIES.--DB 5/19/08 RENTER PAYS TOTAL DUE + FEE 100 36.36.1002.02 OVERMAN, RONNIE 126.56 198.19 687 FOREST RIDGE DR E RENTER PAYS TOTAL DUE + FEE-NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM 101 22.51.1340.02 PATIO COVERS UNLIMITED 51.79 277.13 760 RALSTIN ST N 102 37.72.0250.02 PRATT, KEVIN & SHANDA 124.80 204.43 2136 COVEY AVE S NO MORE ARRANGEMENTS ALLOWED FOR PRATT (RENTER) UNTIL 11/5/08-BROKE ARRANGEMENT-DB 11 /6/07 USED 2ND ARRANGEMENT ON 10/19/07.-DB 10/19/07 103 24.61.0107.02 PROUGH, CARLENE 65.11 112.52 889 CLARA AVE N RENTER PAYS TOTAL DUE + FEE 104 34.60.1214.03 QUINTANA, ROBERT & EMIKO 121.81 183.64 2695 TEDDY AVE S RENTER PAYS TOTAL DUE + FEE CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Dec 02, 2008 03:58pm Current Period: 12/05/2008 -Transactions Included Thro ugh: 12/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 105 20.47.1002.04 RANGEL, JUAN 181.61 290.71 1020 PARKDALE AVE N (CORNER) 106 23.02.1450.01 RANSLEY, MICHAEL E 181.28 232.80 1419 1ST ST W 107 37.37.3118.02 RICE, JAMES 8~ LIZETTE 59.75 143.00 2870 DENALI WAY S 108 30.74.3536.05 RODRIQUEZ, R. & FEESE, H. 127.61 212.80 1016 MUSCOVY AVE S RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM!! 109 25.09.0058.01 ROTELLA, ROB & JILLENE 130.55 190.99 936 BRITT PL N REMOVED NO ARRANGEMENTS ALLOWED-HAS BEEN OVER AYEAR-IF ONE BROKE, CUSTOMER IS AWARE WILL BE PERM. NO ARRANGEMENTS!!! ROTELLA BROKE ARRANGEMENTS MADE ON 6/26/06.-ROTELLA'S PH: 208-412-4064 110 22.50.4630.01 RUEPPEL, RONALD 476.13 600.20 46 PINE AVE E 111 23.01.0220.05 SABALA, CHRIS 81.14 116.02 330 BROADWAY AVE W 112 24.62.0211.03 SAEPHAN, KEVIN 151.72 215.23 2972 MARBETH CT W 113 35.10.0137.02 SAGECREST APARTMENTS 70.80 173.44 1805 OVERLAND RD BLDG #37 114 30.74.2324.02 SALAZAR, SERGIO 66.55 99.28 1125 CRESTWOOD DR 115 23.01.0890.03 SALCINOVIC, KADIFA & SEFIR 57.92 112.80 608 3RD ST W RENTER PAYS TOTAL DUE + FEE 116 22.51.0310.05 SCHNEIDER, KURT 118.73 160.03 406 BROADWAY AVE E 117 36.69.1292.03 SIMMONS, BRETT 107.98 207.49 584 WHITEHALL ST E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 10 Standard Payment Customers Dec 02, 2008 03:59pm Current Period: 12/05/2008 -Transactions Included Thro ugh: 12/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 118 46.46.6226.03 SMITH, JOHN & BRANDY 122.76 195.81 3477 CAPULET WAY S 119 36.36.0182.02 SPARKS, HEATHER 224.92 255.94 2723 PINE BAR PL S 120 23.02.1830.03 STANSELL, MICHAEL 55.24 114.00 208 MAPLE AVE W 121 23.02.5370.03 STEPHENS, MICHAEL 8~ JEWELYA 165.78 217.59 1425 ELM PLACE 122 37.72.0114.04 STEPHENS, ROBERT 78.22 143.80 2013 GULL COVE PL S RENTER PAYS TOTAL DUE + FEE 123 24.04.1438.06 STEP-UP LLC 227.87 294.95 2960 SHERYL ST W NO ARRANGEMENTS ALLOWED FOR THE RENTERS-THE OWNER DID NOT SELECT AN OPTION 124 22.50.3740.03 STOWE, LISA 8~ ROBERT 102.77 158.89 938 SCRIVNER WAY N RENTER PAYS TOTAL DUE + FEE 125 24.03.0828.03 SWENSON, WILLIAM & NANCY 118.99 170.28 2429 SNYDER ST W 126 23.02.6010.02 SWINDELL, JOE & CRYSTA 79.46 153.77 1037 12TH ST W 127 24.04.0936.01 TIMM, SEAN 57.32 91.15 2443 CARLTON ST W 128 22.50.0680.01 TRUST, LINDA HOOVER 72.96 120.48 1320 4TH ST E 129 46.16.1305.01 TUSCANY HOA 61.94 76.15 3782 FIRENZE WAY S - POOUCLUB 130 45.20.0611.01 TUSCANY VILLAGE POOLHOUSE 62.67 62.71 1375 PIENZA ST E 131 37.50.0401.02 VIERRA, ROSE 103.22 152.65 237 ORSO DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 11 Standard Payment Customers Dec 02, 2008 03:59pm Current Period: 12/05/2008 -Transactio ns Included Thro ugh: 12/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 132 30.74.3342.03 WALLANDER, REGINALD 8~ LISA 59.08 126.70 1463 GANDER DR W RENTER PAYS TOTAL DUE + FEE 133 45.20.0321.02 WARDWELL, KEVIN & KRISTI 214.49 242.76 3528 MURLO WAY S 134 23.02.6080.01 WEBB, GERALD 55.33 96.63 1036 12TH AVE W 135 30.74.2746.02 WELLBAUM, WILLIAM & AMANDA 316.83 342.35 1298 CRESTWOOD DR W 136 23.02.0412.03 WERNER, GERALD 82.15 160.00 669 CRITERION ST W 137 23.02.1006.03 WHITE, GREG 82.16 148.90 957 WEST 14TH AVE N 138 24.03.0376.02 WHITE, PHIL & MEL 133.69 407.57 788 ROTAN AVE N 139 22.51.3580.02 WHITE, WES & KELLY 130.18 244.27 126 KING ST E 140 25.95.0418.02 WHITMORE, MELINDA & CHRIS 71.11 140.10 4560 HEARST DR W 141 25.25.1040.03 WOLDEGABREAL, LULU 53.59 119.56 1350 WALES AVE W (CORNER) Grand Totals: 141 Customers Listed 14,426.18 24,980.19 Report Criteria: Terminated customers not included Customer.Cust No () _ {<}7700000001 Customer.Bill Cycle = 1 Customer.CustomerType = {not like} BANKRUPTCY% Customer.disconnected =False Customer.shut off list =False Customer.Vacant =False