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HomeMy WebLinkAbout2007-10-09CJ (~E IDIAN~- CITY COUNCIL SPECIAL MEETING /WORKSHOP AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 9, 2007 at 6:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: _~ David Zaremba _}~ Joe Borton Charlie Rountree ~_ Keith Bird ~ Mayor Tammy de Weerd 2. Adoption of the Agenda: ~cv~ a.r ~ ~, l~~ ,~ G~ 3. Update of East 3rd Street Study: ~Lu~f~-~- 4. Discussion of Gated Communities: (60 min.) ~~~ ~~~~ 5. Review of Personal Services Contracts for Inspection Services in the Building Department: (10 min.) ~~ ~- ®~. ~~ c~G ~~ 6. Discussion of Proposed Changes to the Private Securi License Ordinance: (10 min.) ~-- 7. Discussion of Proposed Changes to Parking Ordinance: U,ilG con 8. Discussion of Executive Personnel Benefits Program Policv: ~'~`~ d r,rl~ 9. Discussion of Proposed Changes to the Travel 8r Expense Policv: ~ v~~w ~.r1/~'~• 10. Discussion of Renewal and Amendment of Patio Lease at Generations Plaza: (10 min.) ~~~ vr- ®yc., ~~ cf ~ 11. Discussion of Joint Meeting between City of Boise Citv Council and City of Meridian City Council: ~~ y~, ~,,,2c ~~rau. Meridian City Council Special Meeting /Workshop Agenda -October 9, 2007 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. l Z ~ f~J~ eU.i ~! fi+G fwt,.~ t,,. an. ~ ~ ~h-S'~ °`^- ct /.~ ~ih ~ ~ ~r ~~i~e r I' ~ ~, Executive Session per Idaho State Code 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation); Meridian City Council Special Meeting /Workshop Agenda -October 9, 2007 Page 2 of 2 All materials presented at public meetings shall become properly 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. ~~ 4 Hui. R YI"_ ~~~ ~ ~~ CITY OF ~~'~~~~~ ~ ~~ "_ ;-''_-ie'~ w, ~YlG~1~17 ~- IDAHO ~~~ tip. ~~'`'~k o ~~ ~I`ftEi15URE v'~11~ ~ I 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 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 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. Eth Street 888-5242/fax 884-1159 NOTICE OF SPECIAL MEETING /WORKSHOP MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting /Workshop in the City Council Chambers at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, October 9th, 2007 at 6:00 pm. The Meridian City Council will be discussing the following agenda items Update of East 3"i Street Study: Discussion of Gated Communitie,~: Review of Perso~a~ Services Contracts forJnsoection Services. in the Building, Department: 110 min.1 Discussion of Prouased Ch~naes to the Private Security License Ordinance: Discussion of Proaosed Changes to Parking Ordinance: w Qiscussion of Executive Personnel Benefits P~garam Policv: Discussion of Proriose~l Chanaes,~q the Travel & Exaense Policv: Discussion of Renewal and Amendtnent of Ratio Lease at Generatigns PIS: Discussion of Joint Meeting between City of Boise City Council and Citv of Meridian. City Council: Executive Session per Idaho State Code 67-2345{1){f~ The public is welCOme to attend. `e\e```~~e s ~ I ~ ° ~ ~ ~ ~ J ~ ~ ~ ~; ,, DATED this 5th day of October, 2007. `®°°°~~ , ~~~ ~ ~~ '%; c~' ~ .w.....,4,__ ~ ,~,_ WILLIAM G. BERG, Meridian City Council Special Workshop !Meeting - Octd~te All materials presented at public meetings shall become property ofd, j Anyone desiring accommodation for disabilities related to document please contact the City Clerk's Office at 88&4433 at least 48 hours prior '',,. ~'- ~ITY FALL 33 EAST IDAHO AVENUE li/IERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 ~®~~ :' Printed on recycled paper ~!~ ~ ~ '~ -~ ~..9- c~ cam. ~-rnc~~ r_s~ ~ ~°.s. ~:~ CITY OF rw ~"i'i ~ IDAHO y' 6F c ~R %~' TREASURE ~~~Y 1 1983 MAYOR Tammy de Weerd NOTICE O~ SPECIAL MEETING / WOIZKSI'1OP CITY COUNCIL 1VlEMBERS MEIRi®~AN CSC C®VNV'L Keith Bird Joseph W. Borton Charles M. Rountree (NOTICE IS HEREBY GIVEN that the City Council Of the City of David Zaremba Meridian will hold a Special Meeting /Workshop in the City Council CITY DEPARTMENTS Chambers at Meridian City Hall, 33 East Idaho Avenue, Mendlan, Idaho, City Attorney/HR 703 Main street on Tuesday, Qctober 9th, 20®7 at i3:00 pm. The Meridian City Council 898-5506 (City Attorney) 898-5503 (HR} Fax 884-8723 will be discussing the following agenda items Fire ^- update of East 3"d Street Study: 540 E. Franklin Road 888-1234 /fax 895-0390 - Discussion.of Gated Communities: Parks & Recreation 11 W. Bower Street ~•• R@YieW Of PerSOnai SerylCeB ,Contracts for inspection Services in the 888-3579 /fax 898-5501 Building Department: (10 min.- Planning ~ Discussion o~ Proposed Chances to the Private Security License 660 E. Watertower Lane Ordinance• Suite 202 884-5533 /fax 888-6854 ~ Discussion of Proposed Changes to Parking Ordin,~nce: Police 1401 E. Watertower Lane Discussion of Executive Personnel f3enefrts Program Policv: `_, 888-6678/fax 846-7366 Discussion of Proposed Changes to the Travel & Expense Policv: Public Works 660 E. Watertower Lane ~ Discussion Of Renewal and Amendment of Patio Lease at Generations Suite 200 Pte: '- 898-5500 /fax 898-9551 - Building ~ Discussion of Joint Meeting iaetween City of Boise Citv Council and Citv 660 E. Watertower Lane of Meridian Citv Council: Suite 150 887-2211 /fax 887-1297 ~ Executive Session per Idaho State Code 67-2345(1)(f) - Wastewater 3401 N. Ten Mile Road The public is welcome to attend. R,~~~e~lll ~~~.l,,, 888-2191 /fax 884-0744 `~ ,,e~ "'~ ~, - Water DATED this 5th day Of October, 2Q07. ~.~°`~ •b `~ ~ `''-~ 223 5 N.W. 8th Street 888-5242 /fax 884-1159 WILLIAM G. BERG, .fit. - ITY~ ~ eM - Meridian City Council Special Workshop /Meeting - Octt~er 9, 2007 Ali materials presented at public meetings shall become property oi~}Ie C eridia$r~~~ Anyone desirin accommodation for disabilities rel t d t d t ~ ` g a e o ocumen s, o ~ ' ~ ~ please contact the City Clerk s Office at 888-4433 at least 48 hours prior i~ ,, c n~ ', ~ ~~, CITY I TALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FWANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper ~E IDIAN CITY COUNCIL SPECIAL MEETING /WORKSHOP AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 9, 2007 at 6:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter," 1. Roll-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Update of East 3rd Street Study: 4. Discussion of Gated Communities: (60 min.) 5. Review of Personal Services Contracts for Inspection Services in the Building Department: (10 min.) 6. Discussion of Proposed Changes to the Private Security License Ordinance: (10 min.) 7. Discussion of Proposed Changes to Parking Ordinance: 8. Discussion of Executive Personnel Benefits Program Policy: 9. Discussion of Proposed Chances to the Travel ~ Expense Policy: 10. Discussion of Renewal and Amendment of Patio Lease at Generations Plaza: (10 min.) 11. Discussion of Joint Meeting between City of Boise Citv Council and City of Meridian Citv Council: Meridian City Council Special Meeting /Workshop Agenda -October 9, 2007 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. 12. Executive Session per Idaho State Code 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation); Meridian City Council Special Meeting /Workshop Agenda -October 9, 2007 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. ~ - Broadcast Report Date/Tlme 10-05-2007 05:51:46 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884278 Local Name 1 Une 1 Loca! ID 2 Local Name 2 Line 2 Total Paaes Scanned : 3 This document :Failed (reduced sample and details below} Document size : 8.5 "x11 " ~ Ntgse t-CZS t trr its.-tom ~ N(7tcC9. - lht~n~s-1 ~~ 1gAH0 ~vaTxn~vw$' ,~ tVfAYOIi rn~,y a~ We«a NOTICE 0I' $PECIAI. MEETING ! iff~RKBIiOP Ctrr ClX7NC1L AABMe~s.9 xe5th airs MERIDIAN CITY COUNCIL TnsepI* w. Sortan es,ersks M. xounhee NOTICE tS HER£BY GtVE1J that the City CanmcU at:9ee City o4 1lavid Zateznba bA9ridtAP1 WBt ~ Meeti(IQ / ~ Ji1 the ('illy COtatcU Cm DBFAIt7N1ENTS Chambers at Mmtd"tan G`~Y ~. 33 E~eat Idaho Avenue A18rtafi~l tdatl0 City Atturney/1-SR , ~ , ~- c aao { +tY ~Y) on TAY, October 8tfi, ~O7 et 8~0 pm. The Meridian C>'t)r Coundt ~~ } vrgi be disamsing the 8 agenda Hems Foe - tlPdrte ~ East 3`d St/vet Sttwy: 560 & Franklin Road 888.1294 /fax 69350 Aarkv & RecreaPion I S W. Hower Street '" BB8~33791 fax 898-3501 $ E~We Pat of reo ~ die PriveGe 8tne~v Lien_ ~ 660 tertower Lease Suite 302 884-55331 FaxBBB-6SSQ Poiiae 1401 F.. WatertowerLene 888.66781 feat 84{rT366 P r,twl~w4ta~ M ,~g the Traael a Eta Pe17,: +560 H. Water'wwer Lecre - sous zno J 898-S.rit101 fax ~8-9351 - Building - Discasslt~t ~.toL9t SI-eeEim ttatween qta ~ t3etea ~ c.:uncii City: 660 8 Wetertower Lane , df tom,.;. t.'ILY r4 . Huite 150 887.32]1 / fax 887-1z9a - EtteCttthN6 $easlal Per tdetw Stttfe Cede of 2846{11ttj • Wastewater lwp~~ 34011~.'rtRl114HoRoad ~.~y {~ ~r ~y~..~ Thee\B,N1i101~tPBiODrrtatda{yLiRi. ~\\tt/]I111.1i6 888-a1911faxBea-ma4 j:' \, ~.~\ . HATED this btt d f O b Q `` ~ '"' - water 2235 N W $th Street t ay o cxo er, Za 7. c ~ ~ ' i$c L O~ ^` ~ . . 888-52921 fsx 884-1159 ~ 1WILtJAM .BERG. n~erw~anCCycam~ aps~lwott®naplt-oa~era aH s ~eaated et v~ tttee8ngs std l~eaane property o~ anyronattp aexarertodetioe torrektadto doaenetds lease o r~t9 eH cue p o re y s oraoe et ~-A433 at u~t aS nw~re anor 'c . C:m Hatt. 33 Ernst Ina>;f0 A,vi;rfus 11~BRiD1a~l, I[ra1DD 83682 (2(~) 888.933 CflYC3.6f{R-FAX e8942t8 FllQAh'C6&tr17LTfYBiUd1C-tUUC867-ast9 MAY~UB5L~FA~-FwxSah811~ FAntedmb+~do98aP~ Tnt~l o~..e~ r..st......d . er No. 001 Job 156 Remote Station 3810160 Start Timer 05:27:40 p.m.10-OS-2007 Duration 00:02:44 Pa es 9 3/3 Une 1 Mode EC Job T ype HS Results CP9600 002 156 8989551 05:27:40 p.m.10-05-2007 00:00:46 3/3 1 EC HS CP19200 003 156 2088848723 05:27:40 p.m.10-05-2007 00:00:35 3!3 1 EC HS CP28800 004 156 8886854 05:27:40 p.m.10-05-2007 00:00:38 3l3 1 EC HS CP31200 005 156 2088985501 05:27:40 p.m.10-05-2007 00:00:45 313 1 EC HS CP31200 006 156 8467366 05:27:40 p.m.10-05-2007 00:00:36 313 1 EC HS CP28800 007 156 8950390 05:27:40 p.m.10-05-2007 00:00:38 3/3 1 EC HS CP31200 '" Broadcast Report - ~ Date/Time 10-05-2007 05:51:53 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Locai Name 1 Line 1 Loca! ID 2 Local Name 2 Line 2 No. Job Remote Station Start Tlme Duration Pages Line Mode Job Type Results 008 156 2088882682 05:27:40p.m.10-05-2007 00:00:34 3/3 1 EC HS CP33600 009 156 8840745 05:27:40 p.m.10-05-2007 00:00:40 3/3 1 EC H5 CP31200 010 156 2088885052 05:27:40 p.m.10-05-2007 00:00:34 3/3 1 EC HS CP31200 011 156 8881983 05:27:40 p.m.10-05-2007 00:00:40 313 1 EC HS CP24000 012 156 2083776449 05:27:40 p.m.10-05-2007 00:01:08 3/3 1 EC HS CP14400 013 156 4679562 05:27:40 p.m.10-05-2007 00:00:40 3/3 1 EC HS CP24000 014 156 8886700 05:27:40 p.m.10-05-2007 00:00:00 0/3 1 -- HS FA 015 156 8841159 05:27:40 p.m. 10-05-2007 00:00:34 3!3 1 EC HS CP31200 016 156 8840744 05:27:40 p.m.10-05-2007 00:00:37 3/3 1 EC HS CP26400 Abbreviations: H5: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR. Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group3 WS: Waiting send MS: Mailbox save FA: Fall RP: Report EC: Error Correll • Meridian Citv Council Special Workshop Meeting October 9, 2007 The Meridian City Council Special Workshop Meeting was called to order at 6:00 P.M. on Tuesday, October 9, 2007 by President Councilman Joe Borton. Members Present: Keith Bird, David Zaremba, Charlie Rountree and Joe Borton. Members Absent: Mayor Tammy de Weerd. Staff Present: Bill Nary, Matt Ellsworth, Joe Silva, John Overton, Bruce Freckleton, Anna Canning, Len Grady and Will Berg. Item 1. Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Bird: Mr. President. Borton: Mr. Bird. Bird: We have been asked to add Item Number 12, Benefits for FY08 and move 12 to 13. With that I move we approve the revised Agenda and also to add on the Executive Session "a" along with "f'. Rountree: Second. Borton: It has been moved and seconded to adopt the agenda as amended. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Update of East 3~d Street Study: Borton: We are going to kind of feel out this format as we go. Item Number 3, the update on East 3~d Street. Matt it looks like you are up. We all have been presented some written materials before us and we will tum it over to you. Meridian City Council Special Workshop Meeting October 9, 2007 Page 2 of 41 Ellsworth: Thank you Mr. President and Members of the Council. Several weeks ago, we came before you with a 3~d Street update and this is the update on the study that will identify a route to extend 3~d Street north to Fairview to provide some relief for the Main, Meridian corridor. At Council's direction city staff has been working with MDC staff and the consultant to finalize the scope, develop cost estimates and bring those back to you. In the packet that I distributed before the meeting there is a brief rundown of the scope, some of the primary components as well as the entire scope and a little bit of background on this study to date. Last fiscal year Council budgeted $20,000 for this study for use in FY07. In the meantime, having transferred into FY 2008 now the funds that were previously budgeted for this study were carried over into the general fund reserve. So in order to move forward with this study, the primary request that staff was interested in bringing to you this evening was Council's approval of staff initiating the budget amendment process to transfer those funds from the general fund reserve back into the Planning Department budget for FY 2008. Turning over briefly to the final draft scope, the three alignments that have been identified for further study are 2 '/z, 3~d Street and also 4~' Street. The process will entail stakeholder and public involvement component, one on one stakeholder interviews as well as broader public open house to factor into the identification of a preferred alignment. Also considered in that criteria will be cost, existing conditions and so forth. As far as the schedule is concerned, the consultant anticipates five and one half months for those to proceed to conclude the study. So, with that I would entertain any questions that the Council has about the scope or the other request that is before you. Borton: Matt can you give us an outline of ACHD - I know you made reference earlier that they are going to be involved in the entire process. Is there any concern that this could all be completed or not be approved or accepted? Ellsworth: I have to have another discussion with ACHD staff to gage that. It is anticipated that ACHD would participate in the stakeholder interviews, as well as the public involvement meetings, but until we had the finalized scope and had the preliminary nod from Council we didn't want to bring that back over to shop it around all that much. Zaremba: Mr. President. Borton: Mr. Zaremba. Zaremba: On that subject I would comment that when Meridian and ACHD were jointly doing the study that eventually led to the split corridor subject, Terry Little and other ACHD people were very interested in discussing this exact subject and the consultant who we retained kept reminding us that that was outside of his scope, so we didn't pursue it; but I do know that ACRD looks on this as an important decision to be made and I think they are ready to help us which ever way we go. Meridian City Council Special Workshop Meeting October 9, 2007 Page 3 of 41 Borton: Council it looks like the request and the similar request is going to go before MDC to split the $40,000 expense evenly goes before their Board on October 10~". Any questions for Matt or concern over given direction to drive forward with this? Rountree: I think the Council had previously given that direction and I think we need to continue on. Borton: I agree. Zaremba: Consensus. Ellsworth: Thank you. Borton: Matt do you have an idea of how soon that budget amendment would come back? Ellsworth: Finance Department anticipates anywhere from three weeks to a month to have the amendment work through the process. It would be subject to a hearing back before Council in the meantime. Borton: Thanks Matt. Item 4. Discussion of Gated Communities: Borton: We have received the email and then again today some materials on the gated community discussion. I am not sure exactly who or where this topic originated with, but I know Ms. Canning is going to start tonight's talk and presentation. Canning: President Borton and Members of the Council I know that there is actually a representative from Oaas Laney here that has some specific proposals. I briefly saw his presentation as I was loading it up. So that may be an appropriate place to start because I think this discussion tonight was initiated tonight by Oaas Laney in their desire to do some gated communities within the study. So, if I could punt I would like to at this point. Borton: Consider it punted. If you could go ahead and state your name and address for the record; I appreciate you coming out. Bivens: My name is Steven Bivens and I live at 1001 Sleepy Hollow in Garden City, Idaho and I represent Oaas Laney, so thank you for having me Mr. President and Council. We put together a brief presentation on gated • Meridian City Council Special Workshop Meeting October 9, 2007 Page 4 of 41 communities and what we think it might add to Meridian and kind of addressing some of the concerns that maybe the city might have and not allowing currently and (inaudible). This is just a general description of what a gated community is. Gated community is a residential neighborhood characterized by a perimeter wall and fences containing controlled entrances for pedestrian bicycles and automobiles. Moving forward this is the current standard as we found it in the city code that gates or other obstacles should not be allowed. So it is pretty clear. So why do people want to live in gated communities? This has come from a book produced by (inaudible). She did an eight year study and these are the main points of why people like to live in gated communities through her years of study - a sense of community, safe havens for children, investment protection, well maintained communities, fear of crime or unfamiliar people and the needs and wants of retirees are the main reasons why people have chosen to move into gated communities. What we did is we chose a few gated communities that are currently within the city limits of Meridian. These are the four that we have chosen and kind of posed a couple of questions to them -why have you chosen to live there? Do you feel safer there? These are some of the comments that we have gotten from people that actually live in those communities within the City of Meridian. Most people feel that they are safer there and that they do have a good sense of community within the gated community. I would like to point out that through all of our research, I haven't found out at least that the gated communities are any safer than any other community because Police Departments are very quick to respond to everywhere, but it is a perception thing. It is not necessarily a reality thing, but people do like to feel safer. In the study published by the Urban Land Institute, they polled people that lived in gated communities and they asked them what was the importance of security in choosing that gated community and it was almost 70 percent of the people polled, so that was very important. Going a little bit further, they were asked do you believe that you have less crime in your community and about 70 percent again said yes and of those that said yes, 80 percent of those believed in this because of the gates. I had gone through some of the other city codes and talked to some city planners in and around the Treasure Valley and it appears that Meridian is the only one that strictly does not allow gated communities; it appears that they all allow (inaudible) PUD and that the city planners can choose to deny or accept that plan. These are what we feel are the advantages to having a gated community might be for the City of Meridian; increased property values. We have found in common studies having a gated community might increase single family residences by upwards of $50,000 a unit. Based on the 2005 Census Bureau, over 6 percent of the nation's population lives within gated communities and that has been rising. There is a large group of people that like to live in gated communities. Borton: Steve can I ask you one quick question? Do you have a resource you used -that first item you mentioned $50,000, I don't see a cite. Where do you come up with that figure? Meridian City Council Special Workshop Meeting October 9, 2007 Page 5 of 41 Bivens: You know actually in some of my research, I stole that off of the Palm Desert Police Department's website. So it is not a high level -that is where I found it from. Borton: Fair enough. Bivens: But there has been in some U.S. Today articles, we did see that they retain their value a little bit better if the surrounding area's value decreased, it wouldn't decrease as much, and it would retain its value stronger than surrounding areas. So, I can get you those if you would like that. Borton: sure. Bivens: The last point there is typically within a gated community you have private roads and things that lead to a less dependency on city resources. Some disadvantages that we could come up with is exclusion from surrounding citizens that they might feel that putting up gates because they are scared of the surrounding citizens or they want to be isolated and the other is access to the community for emergency personnel. Some of our solutions for that are commonly used are knock box rapid entry system or there are some communities that are starting to use an "e" key system, which their responders would have a communicator, like a garage door opener in the car that would work throughout the city. So, we are proposing that we modify Meridian's current ordinances to allow gates. (Inaudible) will primarily address a growing population and a large population and the desire to live in a gated community and feed that need and from our research Meridian is the only city in the Treasure Valley that does not allow the gated communities. So, we kind of think that it would serve Meridian well to have their people go elsewhere to live. Proposed action - Oaas Laney would like to lead the effort to draft an amendment to the current city code, which will do research on current ordinances in other communities and prepare the amendment. I would like to get the City Attorney's consent on the language and then present it at a later date to the Council. Are there any questions? Gorton: Thank you Steve. Council any questions? Rountree: I have none. Zaremba: Mr. President. Gorton: Mr. Zaremba. Zaremba: I would just comment that on further actions that since the can-ent ordinance was also reviewed by the Planning and Zoning Commission before recommendation to this Council that they should be made a part of any process that would end up here. Bivens: Okay. • • Meridian City Council Special Workshop Meeting October 9, 2007 Page 6 of 41 Canning: President Borton. Borton: Anna. Canning: I think what Oaas Laney is hoping for tonight is a nod as to whether Council will consider an amendment. You can't promise them anything tonight because they really need to come to you with a text amendment that would go to the Planning and Zoning Commission and before public hearings. But, I think they are hoping to gain some insight as to whether Council would entertain this idea or not. Bird: Mr. President. Borton: Mr. Bird. Bird: I would agree to that wholeheartedly because Iwas - I think gated communities are very nice. I would be the first to state that if my wife and I were to sell and move it would definitely be into a gated community. As you get older and want to travel more and leave your place and I know it is just aperception - I think there are ways now that the Fire and the Police are going to yell and scream and everything, but I can tell you that they have got opticom systems and they got this and they got that that will open those gates up. So this one Councilman would go ahead and draw a text amendment up and bring it back. Canning: President Borton we do have comments from the Planning staff and all the other staffs. Borton: Iwas just going to make reference to that and from what I have heard and I will let Deputy Chief Silva start and Lt. Overton and we have gotten good comments; particularly the comments concerning the Middle Ages. Iwas going to ask you to give us a historical perspective over the years when I read that. (Inaudible) all persuasive to me as far as the concems that Planning and Fire and Police have cited, so I guess Deputy Chief Silva I will turn it over to you first to outline some of your concems. I think, Steve, you need to hear them and at least for me they are huge hurdles while we can give a nod for the process to go forward, they might be insurmountable in my eyes in light of the public safety concems as I see it. So, Deputy Chief Silva if you want to give a synopsis of the fire issues and then Police and Planning as well? Silva: President Borton and Members of the Council have you received some correspondence from the Fire Chief with respect to this issue? Borton: Yes, we did. Meridian City Council Special Workshop Meeting October 9, 2007 Page 7 of 41 Silva: Okay. I am not going to belabor those points. However, I have been in council settings where we have talked extensively about the issues of connectivity and it seems like those things are the things that we try to promote as a city -connectivity and pedestrian friendly environments, as well as providing for essential service like Police, Fire and EMS and anything that we have that delays our response into our community or requires that we go around a given subdivision to gain entry to a place where we could have driven through a subdivision to access an adjacent street within an adjacent subdivision. That connectivity becomes extremely important and something we strive to work towards in all of our plans review for subdivision approvals. But, anything that we do that delays that -because there is no real universal way of making entry -the Fire Department in Meridian does have a standard way as he alluded to in his presentation about the knocks box key presentation; however, with that being said not all emergency responders universally have the same capability. As an example, the Police do not have the opticom system. A lot of departments use the opticom as a censor and they don't have our knocks box capability. So those limitations do hamper emergency response, not to mention other services that (inaudible) provided by other agencies within the city as an example, the garbage company making their pick up and delivery. You know there has to be provisions for all of those services that have to come in and provide services to those residents within those communities. I was going to let the Police comment on that, but you have read the Fire Chief's comments and those are some of the concerns that I would have to kind of just add to that. Borton: Lieutenant Overton. Overton: President Borton, Members of the Council I am really not going to harp on the middle ages. I thought that was interesting to find out where the history of them came from and we really aren't that far from the same belief as we are trying to build something to protect people on the inside. My hat is off to the applicant because I don't think he tried to sugar coat it. They use the word perception a lot and in many cases these gated communities are marketed that way and one of the reasons for the $50,000 more per lot figure that you threw out because I have the exact same number, so I probably read the same study you did was marketing. You could get $50,000 more because of the perception that people would have moving into that feeling safer. Unfortunately, when we started looking at a lot of the different studies on the crime effects inside a gated community they were very temporary. They were temporary in about a three to five year period the rate of crime inside the gated communities would rise to the same levels as those outside. Your traffic would be down. Your vehicle vandalisms would be sky high because on general random patrol, police don't go into gated communities. It is a hassle. They are doing random patrol and they are not getting inside those gated communities to do access and it is very easy in cases of vehicle vandalism cases, which we do suffer from in this city that all they have to do is watch a gate and know whether someone is coming in. So it doesn't allow us the element of surprise. Some crimes are obviously going to be • Meridian City Council Special Workshop Meeting October 9, 2007 Page 8 of 41 lower and then some crimes unfortunately are obviously going to be higher inside a gated community because although it protects the citizens, it can also protect a criminal once he is on the inside and we are on the outside. One of the real problems with having security inside a gated community and this has been seen in various parts of the country in doing it because we are since 1992 seeing a boom in gated communities in the south and other parts of the United States is in the perception of security, you have construction workers that have codes to get in. You also have, once people have moved in, you end up with pizza delivery drivers and the other fast food drivers getting codes to get into those. Now the type of gates and I know when I wrote and sent it to Council there are three different types of gated communities and the one that we are basically outlining here is called a lifestyle gated community. You are probably not going to be putting a security officer or security force in place. So you are really depending on the structure itself to keep people out and keep the good people safe. So there really is nobody watching and so you don't know 24 hours a day who is coming in and who is going out because it is basically only recording a number. The third major area that causes us concern of course is access because as Chief Silva pointed out, we don't have some of the tips and tricks in our cars that you do in some of the fire trucks. So, we would be waiting outside to get in. In most cases, most calls that we deal with, 80 percent or better are low priority calls, but it is that emergency call that those people on the inside that need immediate response we are not going to be able to get to them immediately because we are going to have a barricade in our way until we can get through that. With that I would stand for any questions. Borton: Thank you. Council any questions? Ms. Canning? I know Planning provided some comments as well. Canning: Yes, sir and I will try and summarize them that the first set of comments that I provided were in relationship to the Comprehensive Plan and to call out a number of specific action policies that were in conflict with the idea of a gated community. Three of those were pretty much in relationship to interconnected pathway systems and greenbelts. Most gated communities are trying to restrict foot traffic through the development as well as vehicular traffic. So, our ability to get the interconnected greenbelts and pathway system that we have been looking for kind of falls apart if there is a gated community in the center of that section. The second set of policies, which I think there is four of them were more addressed to vehicular and it talks about street connections between subdivisions at regular intervals to enhance connectivity and renewed development for appropriate opportunities to connect to local roads and collectors in adjacent developments. Develop methods such as cross access agreements to reduce a number of existing access points; restrict curb cuts and access points. So these are all about trying to minimize the traffic we put on the collectors in arterial roads through interconnected, be it driveways or streets in this case. So we are always looking for those street connections and that is one of the greatest concerns that I have with this is that we fight for every single Meridian City Council Special Workshop Meeting October 9, 2007 Page 9 of 41 street connection we can get. Every street stub that goes into commercial development, I am here fighting to get that extended you know. I mean we fight for every street and interconnectivity that we can get and to just say oh if you want to do gates then you don't have to do the interconnectivity, just the really doesn't ring true for me. It seems to impose a real different set of standards on these folks and I don't know how we deal with that in a code way. So those are the comp plan issues. With regard to the zoning ordinance the applicant has shown you the one restriction regarding gates, but there really is a lot more to deal with. It is the whole set up that we have for private streets are really called into question. Right now we allow private streets in really three different locations. One is when the Fire Chief needs it for addressing purposes on a commercial project; we ask for a private street so that we can get it named and get addresses in there. The second one is for multi-family developments, which is basically the same issue. We want to be able to get a street and the addresses in there. The third is we cut an allowance in the code for a reduced street section for what we call the (inaudible) developments -kind of half an alley and half a street and we came up with a new standard because ACHD didn't have anything to accommodate it, but ACHD has been working long and hard on revised street standards and they have something that will replace basically that third private street for the (inaudible). So once ACHD has that in place I was hoping to do a text amendment to actually not allow that as a private street anymore because we see the best interest of the city as having public streets that we know will be maintained. You can talk to other communities where they have got private streets -the maintenance issues of those are huge and over the long term they tend not to get very well maintained and become blight areas. We can all hope that we are not talking about that and maybe the value stays up on these, but the responsibilities for maintenance on those roads is huge and we would prefer to see them as public roads. So, we have got two issues. We have got this private street issue because they need that and most of the time they want single family lots and our code specifically says if you want single family lots on a private street, we don't allow for it. So it is not just the gate issue, it is the private street issue. The state code says you can't have an interconnected system of private streets. If there is a Highway District established for that county, you can't have an interconnected system of private streets. That is another reason why we have really tried to minimize the private street connections because the state code says they should be public streets. We would do it again in multi-family because that is a little unusual area. The way that developers are kind of getting around this is they essentially do amulti-family development condo off the individual houses and then self it that way as basically a single family condo unit. It doesn't ring true to the intent of the ordinance. The other communities that do it allow it by a planned unit development. Our planned unit development ordinances do allow you to ask for exceptions to standards. That is the whole idea behind a PUD is you can ask for exceptions to standards. They would have to meet the PUD requirements, which say that you have to be doing something new and innovative or trying to get a more dense project in there, so you need some allowances for beyond what our code calls for. So that Meridian City Council Special Workshop Meeting October 9, 2007 Page 10 of 41 PUD option is out there. We did amend that recently to open it up for a little higher density. You would have to be doing a unique, kind of innovative project. The gate probably in and of itself probably wouldn't qualify as innovations, but that option does exist in our PUD ordinance. The other one with regard to the gates or other obstacles shall not be allowed. That is a rather easy fix. The hard fix is the whole private and the inner-connected system of private streets. If there are two gates on this community, can you go from a public street to a private street to a public street again? What problems or challenges does that provide to ACHD, to garbage, to Fire, to Police and all of those folks? I did ask Lori Denhartag or someone from ACHD to talk about the implications for the private streets and the gated streets with regards to ACHD. Borton: Okay thank you Anna. Lori we appreciate you coming tonight. Denhartag: For the record, Lori Denhartag and I will give you my business address, 3775 Adams Street in Garden City with Ada County Highway District. Anna and I have talked about this issue a little bit. It has come up in some of the other jurisdictions that we serve. Some of the primary concems for the Highway District would be the same as your Police and Fire Departments has stated as well as your Planning staff has stated. Connectivity would be one of the main concems of the Highway District - if we have required an adjacent development to stub a public street, we have a project that comes in, proposes a gated community and we are not looking at extending that, then essentially we have placed conditions on an adjacent property owner that no longer serve that project. So you know a developer has put time, effort and money into constructing a public stub street and now all of sudden everybody says, sorry we don't need it anymore, thanks for your investment. So I think that is one of the concems that we have certainly when we are requiring public stub streets, we are anticipating that we will require the extension or connection to those in the future. That is certainly why we require them as a beginning point. One of the other concems and maybe just as a point of interest as Anna mentioned, if the streets are to be gated the Highway District would not allow them to be public. Probably in any given year we get anywhere between five and ten requests from property owners living on private streets asking us to take over their private roadways. They no longer can pay for the maintenance or upkeep of their roads. Their roads have perhaps got along fine and well and they have done some limited maintenance for any number of years and they get to a certain point and they just say we don't have the funds as a homeowner's association to maintain these roads or to a reconstruction on the roads and then they come to the Highway District and say can you please take our road as a public road. So we received those requests probably on a monthly basis and all over the county on existing private roads. I think the long term maintenance costs are certainly a concern and whether or not a homeowner's association, some of them are certainly large enough and are set up well enough to be able to handle that long term maintenance cost, but I think it is important to consider the viability of those homeowner's associations maintaining the streets for the long term because that Meridian City Council Special Workshop Meeting October 9, 2007 Page 11 of 41 certainly is a concern and certainly is a question that we face and often times we have seen a number of private streets when they come to us they make a lot of sense that they do become public, but then you are talking often about reconstructing whole roadways so that they can meet current public standards. Most often it is in drainage systems that they face the most cost that they are looking at reconstructing because perhaps they weren't constructed to public standards initially. If something like this were to come forward and it would come to the Highway District for comment, I think you would see comments particularly from our staff related to -you know if there was some really important connections that we have been looking at recommendations to require public streets and not allow the gates. In some limited circumstances, you know the Highway District may see that maybe we are back in a comer, there are no other existing stub streets where perhaps it could work and maybe that is a situation Anna is talking about where that type of application could be made through your planned unit development process. But I think that is some of the things certainly like Anna said, you know, every stub street seems like we battle for it, we fight for it because we think they are important. We think interconnectivity between the neighborhoods is important and that seems what many of our communities are striving for. I know some of the communities in Boise, some of the H qualified communities that we have seen, I know that they have done some private streets, not necessarily gated, but there has been some newer projects in Boise. I think some of the residential ones are just being sold. There is a project on Cloverdale and Ustick that is just underway. They provided limited connection points to the public street system, but they did connect in some ways; they don't have gates, but they wanted controlled entry points. So they just reduced their number of access points, which of course we are supportive of particularly on Cloverdale. So I think there might be some ways to achieve some of the things they are looking at, perhaps without doing gated communities. Certainly if this moved forward we would work with your staff and commenting on that and more than likely it would have to be a case by case basis in terms of the Highway District's review for the need for connectivity and things of that nature. Then what Anna was saying related to your current private street ordinance we are looking at bringing forward some policy changes to allow some reduced street sections; been working with your Fire Department and other Fire Department's in the Valley and in the county to come up with that in response to a lot of the projects we have been seeing where these homes were facing on the green or facing on the mew that you have seen here in Meridian. So, we are striving to find creative solutions to provide public access to these properties. I think Meridian had found - in your new code, I think you had found a creative solution to allow it where perhaps the Highway District was lagging behind. I think we are there now and so we are hoping we can move forward with that and allow public street access for these people. I would be happy to stand for questions. Rountree: Mr. President. Borton: Mr. Rountree. Meridian City Council Special Workshop Meeting October 9, 2007 Page 12 of 41 Rountree: Lori you indicated that on a monthly basis, ACHD receives a request to take over private roads. What is the percentage of those requests that are honored? Denhartag: It would probably be less than 10 percent. Most often the costs - the roads were not constructed to our standards. There are some tests that they can do; you know to verify the construction of the road. We will review the previous plans or some testing that they have to do. Most often it is in the drainage systems that they faced the most costs because then we say if you want to convert that to a public street, you have to bring it up to public street standards which may ultimately end up costing the neighborhood more money than the money that they would have to put into it for the maintenance. That has been a concern. There are a limited number of circumstances where we have a development come through. They are perhaps not prepared to turn it over as a public street at the time of development. They construct it to our standards. We review the plans. We inspect the construction and at a time when they are ready and they make that request, we can accept those. So there are some limited times where developers, for whatever reasons have gone through that process, but then they have gone through upfront testing and inspection and plan review to insure that it has been constructed to public standards. Rountree: So is that a requirement that is viewed when on those few instances when the requests are accepted that they meet a standard, not necessarily a current standard? Denhartag: Currently it is that they meet the current standard. We do try to in circumstances perhaps where they are close, we do try to work with them. We do have an instance, an example in Garden City is actually the street that serves their Post Office and City Hall is currently a private street. So we are working with Garden City. They have some major drainage issues over there to handle that existing street drainage, but we see the benefit of a public street serving the City Hall and the Post Office over there. Rountree: Thank you. Borton: Any other questions Council? Rountree: I have none. Grady: Mr. President, Members of the Council as far as Public Work's issues as long as we have reasonable access to our water and sewer easements, we don't have too many concerns. In the case of an upset condition, we don't have to be there in minutes, but we would have to be able to get in in tens of minutes otherwise things could get ugly. Provided we have guaranteed access 24 /7 we are fine. • Meridian City Council Special Workshop Meeting October 9, 2007 Page 13 of 41 Gorton: Eric Oaas, I see you have raised your hand. Oaas: President Gorton, City Council Members, Eric Oaas, 519 W. Front, Boise. I just wanted, if I could just take a few minutes and maybe we could respond to some of the concerns that have been expressed and maybe a little bit of perspective from our standpoint. First of all, I think that I lived in a gated community and not really because I was seeking a gated community when I moved into it, but I particularly liked the lot and ended up building there. I have found, however, that my experience in living there I have encountered all of the issues that have really been brought forth here. Specifically the security issue with the (inaudible) Police Department. It is in Garden City by the way. What we have done in our community is we have a camera system that is mounted. It looks like a birdhouse mounted at the entrance gate and so -the camera system records everybody coming in and out of the development everyday, every minute of the day and it is well lighted. So it actually gives whether we like it or not, it does give us the opportunity to go back when there is specific vandalism to go back and look at that specific period of time and find exactly or at least narrow done the potential for who might be coming in and creating a vandalism. It is certainly not fail safe, but it does actually provide an ability to sort of give us better information. The patrols that Garden City does in our subdivision are normal. Any time I see the Garden City patrol officers going through the outer subdivision, they make their way into our subdivision as well. So it doesn't seem to be impeding - again, I am just giving you my personal experience, so I can't generalize, but it doesn't seem to be impeding their ability to patrol in our gated community. The interconnectivity issue I really believe from a walking path perspective, again relating to what we have done is we have a gate, but it is not locked and so visitors and people walking dogs and pets and children, come in and out all of the time. I walk my dog all of the time in the development and I see all kinds of interesting people and actually I have very pleasant conversations. But, it isn't a situation where nobody is allowed to come in and go out on the residence. It is just a nice place to walk. By the way, the walking paths through the development go out and connect right up to the greenbelt through a gate that isn't locked either. So we see an awful lot of people walking through the development. So the interconnectivity from a walking path perspective is just not there. The interconnectivity issue is not there. With regard to the private streets issue, yes, we do bare the cost in our homeowner's association of maintaining our roads and we completely recognize that and by the way we have set aside funds over a long period of time and just last year we actually repaved all the private roads and development. So from our perspective we are willing to bare the costs and by the way we have put our money where our mouth is and it works. The stub street issue, the interconnectivity with stub streets and adjoining property is an interesting, I guess and I guess my concern there is if you preclude the Council's ability to take a look at the specific merits of a particular proposed development. In our case, the development that ultimately that we would like to bring forth to the Council is on the comer of Victory and Locust Grove and the • Meridian City Council Special Workshop Meeting October 9, 2007 Page 14 of 41 nature of that piece of property, from an interconnectivity standpoint is just extremely difficult because of the natural bamers through the property. We have got Canal; we have got Ten Mile Creek and so these are sort of natural barriers that don't really promote a lot of interconnectivity to the Tuscany Subdivision. So, to me it doesn't make a lot of sense to say that gosh, we are sort of creating this situation where the stub street or the interconnectivity to an adjoining subdivision just doesn't work - it sort of hampers that ability. Where in this case, there is some natural characteristics through the property that create bamers in and of themselves. So, if you sort of preclude a developer from bringing something to you and saying here is what we proposed, we would like to do a gated community and we sort of fit it in with the natural barriers of this specific piece of property. That is sort of taking that decision-making out of your hands, where we think it should be. I guess I would close with the concept of a PUD is as Ms. Canning has proposed as being the only way to really look at the Council or a developer bringing to the Council a proposal for private streets. In our case we had what we thought was avery -was it innovative? I wouldn't say it was innovative, but we had a very wonderful development that we had planned initially on that piece of property and because of our inability to really get that to work within the current ordinances, we basically weren't able to find a way to bring it -and all due respect to Ms. Canning, she tried to work with us to find a way to make it happen, but it just wouldn't work. We couldn't make it pencil based on the density. However, we believe that we have done with that piece of property is we think we found a way to make it work - we acquired some adjoining property, but at the end of the day we would like to bring back to the Council - (Tape turned over) Oaas: -- a particular concept, which we think had an awful lot of merit. So in summary, we would just as a developer, we just like to have that specific language removed from the ordinance to give you, as a Council, the opportunity to look at a specific project and determine whether it makes sense or not. Why close the door and take that decision out of your hands? Thank you very much. Borton: Thank you, Eric. The purpose of the discussion is just that a discussion and I applaud you for coming forward, Eric and Steve with the information you presented. It is clearly not the time we are actually making a decision on whether or not gated communities are to be allowed and an ordinance should be amended, it is whether or not the Council wants to give the head nod to encourage you to go forward and spend the time, knowing good and well that you can spend a lot of time and effort, investigation and try and resolve lots of the concerns that we have heard today and come before the Council and that amendment might not be approved and I know you understand that and appreciate the early jump you are trying to get on it. The overriding - I will give you my two bits. The overriding concern that I would have understanding that we are not making any obligation going forward - is that any removal of the no • Meridian City Council Special Workshop Meeting October 9, 2007 Page 15 of 41 fence, or excuse me, no gate restriction would need to preserve the cities, all city services unfettered access to the property as though it were a public street? It is immediate 24 /7 for Public Works, Fire, and Police as best as possible and that may not be achievable. That might be asking too much, so when I talk about my initial hesitancy, again it might be something insurmountable for me, but I don't know if would sit here today and say I don't want to encourage you to try and investigate some way to solve the problem, but it seems like that is your request. That is where I stand on it and it would be fine going forward if there is some way to try and do the near impossible, maybe. At least in my eyes. Zaremba: Mr. President. Borton: Mr. Zaremba. Zaremba: Along those same lines, the one statement that there shall be no gates or obstructions across public roadways or whatever the exact quote is doesn't really give the sense of how much staff time has already been spent on what it resulted in being in that one sentence. I was on the Mayor's Process Improvement Group that helped write the new Unified Development Code. I have said that plenty of times. We struggled for a long time on that subject and the struggle was trying to come up with the requirements that could be met that would meet the needs. We discussed the false sense of security and whether we even wanted to offer a false sense of security to the citizens. We discussed the connectivity measures and all the others and we actually even kept that longer than we might have and I don't know if the Mayor has changed her perspective, but at the time, she wanted us to keep at it. Her statement essentially was there are people who want gated communities and why. should they have to go to Eagle to get them. We want to be inclusive in Meridian and we did struggle for a long time to come up with criteria that worked. So on the one hand, I would applaud and welcome your effort to come up with better criteria than we could that will satisfy the needs, not to speak for the Mayor but I think that she would too unless she has changed her mind in the few years since then. The one thing that I would ask though is since you have offered to take this on that it not involve a lot of our staff time. Our staff has made their issues clear and our Planning and Zoning staff has spent a lot of time when they are writing the UDC, as I say much more than that one sentence would indicate. So certainly consult with them when you feel you need to, but please don't lean on them for much of the work because I don't think that is fair to them as well. They certainly will put time into commenting on it and you need to work with them to get the best comments that you can, but I think my statement would be go forward if you can come up with something better than what has already been discussed, I would do my best to be open minded. Rountree: Mr. President. Borton: Mr. President. Meridian City Council Special Workshop fVleeting October 9, 2007 Page 16 of 41 Rountree: It is always nice to have a black and white ordinance because it makes it really easy for us and I really appreciate that at times. But, many years ago, I got through the tough pronunciation of that little two letter word "no". I don't have a problem saying no if I don't think the project is right. We are on a regular occasion look at variances to our ordinances and variances to situations that are cut and dried. I think there might be cases where gated communities will work in Meridian. We have got some that work in Meridian. I don't know that we have ahistory -well we live in a neighborhood where there are four of them. I don't know that they are a burden at this point and time. I guess if we had 400 of them they might be. I don't see that happening, but I think if Eric and company are interested in trying to come up with a solution that we might consider, I am open to that. I am not saying I am going to agree with it, but if you want to expend your energies more power to you. I would say let's take a look at it and let's take a look at it with our eyes wide open and we have got a great staff that has told us the kinds of issues that they have helped us avoid with a black and white ordinance, so we might not necessarily want to fall into that vague category, but let's take a look at it and see what we come up with. Borton: Councilman Bird. Bird: Well, I think I have pretty well stated mine. I have no problem with it. I would and I would be truthful with you, (wouldn't - if I was to move from my place, I would buy in a gated community, but that is not going to happen. I would be real interested in the Fire and the Police telling me what problems they have with (inaudible) and them going in there because I have road with Police Officers and we have drove through gated communities, not like a public. Driving through them - in fact I just went out there the other day and drove through two of them. I hate to say this with an ACHD lady here, but I would sooner drive on their roads than I would on our public roads. Anyway, I encourage Eric to go fon+vard. I think they are an asset to the community. I am like Charlie, I don't think I would want 400 of them, but I think they are a real asset to the community. Canning: Councilman Borton. Can I make a suggestion for Mr. Oaas? Borton: Anna. Canning: I haven't looked at our PUD standards since we adopted them because no one has ever used them. We did go back and open up the purpose statement recently for some because no one is using them so obviously there is no benefit to it right now. I would go and look at the PUD stuff because I think that that project was close to a PUD and I was just looking at it. Even the existing PUD's do allow for private streets. So we have already kind of contemplated some private streets in a PUD, so I think that that would be the best way to go, if we go down this route. It is more onerous, but that means we get four instead of 400 and it does require a higher level of design and detail, but • Meridian City Council Special Workshop Meeting October 9, 2007 Page 17 of 41 I think that those are the kind of insurances that the Council will need ultimately in order to approve that kind of community as well. So, I would encourage you to look at text modifications in that area. Borton: Thanks Anna. Eric it looks like you have got the nod to go forth and begin the process. I appreciate the efforts and keep us and staff posted with timing and when you expect to have something back. Oaas: President Borton and Council we appreciate it. We will go back and we will be very sensitive to taking an undue amount of time with the staff. We understand how busy they are. We will be in touch. Item 5. Review of Personal Services Contracts for Inspection Services in the Building Department: Borton: We have got these emailed to us in advance by Bruce. I didn't even see you come in. We appreciate you sending those out in advance and I will tum it over to you. Freckleton: Well good evening. When we were before you with the fees a few weeks next back, Mayor brought up that it was about time for contracts, which I had been working on and as Councilman Borton said I emailed these out to you guys I think about two weeks ago trying to get some feedback if you wanted to see any changes and that sort of thing. I did get a couple of comments. At Councilman Gorton's request we put it on the agenda tonight for any open discussion that you might want to have. So, with that I will stand for any questions you might have or suggestions. Borton: Bruce the only thing that I saw that jumped out and maybe it is not a concem and Mr. Nary is not here is the liability policy is at least a million. I don't know if that is enough for some of the work that they are doing -maybe should be higher? The increased cost might be negligible - or maybe that is not a concem. Bird: Mr. President I think that that has been a standard policy that we had. I am with you. I would like to see a million with adouble -most of them do have double indemnity on -you know it automatically goes to two million and stuff like that, but I question the million dollars, but I think that is basically what our requirements (inaudible--). Borton: Mr. Nary the question that I had asked - just a question of concem and maybe not a real big one is whether or not the million dollar minimum liability was sufficient? Whether it should be a little higher? That doesn't get you very higher today in courtrooms. • Meridian City Council Special Workshop Meeting October 9, 2007 Page 18 of 41 Nary: Mr. President, Members of the Council certainly that is a negotiable point. Maybe what we could do is have that discussion with our insurance agent to see if he has a recommendation or if it should be higher, maybe five or ten million. Obviously the cost for that goes up I would guess substantially for the higher ones. Hasn't it been, if I am correct Bruce, we have had these million dollar standards in there for as long as I remember? Bird: We had it to five hundred when you come on. Nary: I think there probably was the belief that because of the tort claim statute that might buy you some additional, I guess, liability exposure, but I don't know. I certainly think we can explore it. I don't know what is an appropriate amount and they obviously are going to want some of that cost to be recouped somehow, but we certainly could explore where five or ten million would be more appropriate. Maybe it is not the same all the way across the board. I mean, some of the trade types of inspectors' liability risk may be significantly less than the building inspectors for example. Some of the larger building inspector ones probably have a higher risk to them than the plumbing contractor might. Borton: I don't ask it to make an impediment to approval of these particular contracts, but it is just something that jumped out and I don't know if - Nary: Maybe if Bruce has an opportunity or Mr. Berg or myself, but between now and when we bring them we can at least have that contact with our insurance agent to see if he has at least a recommendation for us. Freckleton: Is the tort claim limit $500,000? Nary: Yes. Berg: General liability is a million I think for the city and that is probably where we came up with that million dollars. If I remember I think that is what Bill Nichols recommended to just make it the million. But the question is where does it quit from the city's liability to their personal liability and that is where they need to be more concerned with. Nary: Right. They may be indemnifying us for a million dollars. They may be wanting to have their own ten million dollar policy or five million or whatever and that may be in their best interest, but what they indemnify us for is really all we are concerned with. Borton: Okay, it is on for the 16~' on coming back, so again I don't have any concern if you have an answer before the 16~' or not. Something to be aware of. Meridian City Council Special Workshop Meeting October 9, 2007 Page 19 of 41 Freckleton: It is something I could certainly coordinate through Will and we can get an answer to that. Berg: We can send those agreements to ICRMP and just ask that specific question of what would you recommend those limits be and they probably would come back to us well the city's exposure is this much, but maybe a recommendation to each of those individual, I guess they are limited liability corporations or some kind of a company where their limits may need to be not just a million dollars. Nary: So we could probably send them both to our insurer, All American as well as ICRMP both and just get their feedback. We could do that. Bird: Mr. President. Borton: Mr. Bird. Bird: Just a question on that and maybe Len might have -what kind of insurance liability do we get from the engineers and stuff that we hire that draw our sewer plants and stuff --? Or our plants out at the Wastewater Treatment - that is where your biggest neck stuck out. Grady: Mr. President, Members of the Council generally we are a million dollars. It used to be five hundred like you said and we have gone up to a million and some of those are pretty (inaudible) projects and we are happy with that. Borton: Council any other questions? Mr. Rountree. Rountree: Mr. President and it is not a question it is a statement for Bruce and Len and Bill. As long as the contracts or agreements are written in such a ways that you are comfortable that those folks are accountable to the City of Meridian and that they will work to whatever performance standard they are given then I am okay with it. But if they start wiggling around on that like they have done in the past in terms of who they are accountable to, I want to explore another avenue. I don't want any more phone calls about some of these guys and their own way of doing things because it is their empire because it isn't. It is the City of Meridian. Bird: Mr. President. Borton: Mr. Bird. Bird: I would like to echo those sentiments because - and I think Bruce has taken care of this and I don't want one subcontractor being the only one that can issue building permits. When he is out of town, we wait weeks for our building permits. I had it happened to two personal people; one a son and one a church ~ ~ Meridian City Council Special Workshop Meeting October 9, 2007 Page 20 of 41 because of him being out of town and I think Bruce has taken care of that and I think that is what Mr. Rountree was alluding to and I don't want it either ever again. Grady: Mr. President, Members of the Council regarding that statement Bruce and I have discussed some options recently that we feel by next year we will put some teeth into how we can serve the public better. We are confident that we have a solution. Bird: As a follow up I think the last couple of years ago when we redid the contracts I think we got ourselves in a lot better position, put the city on top instead of on the bottom and now we just have got to make sure that one person doesn't run the whole department. Zaremba: Mr. President. Borton: Mr. Zaremba. Zaremba: It is possible that Councilman Bird just answered my question, but I am going to ask it anyhow. I read one of them fairly thoroughly and scanned the rest of them and they seemed reasonable to me and the points that have been brought up have been good, but my question was going to be the people that were asking to sign these is this the same contract that they have been signing for the last two or three years and we are just renewing it or are there some surprises in there for them? Freckleton: That is a good question. Mr. President and Councilman Zaremba last year we made some pretty good changes to this contract. We beefed up the accountability; we added some language in there about them doing work in their field of business within the city limits that that is prohibited. We also added a lot of language in there about co-employment issues; you know blurring that line between employee contractor relationship and that sort of thing. These are basically the same contracts as last year. I have changed dates and I wanted to get your input on anything that you might see that you wanted to add this year, but as they stand right now it is identical to last year; just some dates are changed. We have made, I feel, some significant improvements in the Building Department in the last two or three years. The level of accountability is a lot better than it used to be. We have got Bret Bjornson downstairs now who is our Building Inspector Coordinator, who is a certified Building Inspector, both commercial and residential. So people coming through the front door to ask questions, we have got a body there that can deal with questions on the phone and in person. We are conducting field surveys satisfaction surveys from our customers to find out if we do have problem areas so that we can address them quickly. We also conduct quarterly meetings with our inspectors to make sure that everybody is on the same page and I feel like we have gained a lot of • Meridian City Council Special Workshop Meeting October 9, 2007 Page 21 of 41 ground. That is not saying that we don't have more to ground to gain, but I think we have come a long ways. Bird: I would second that. I think Councilman Rountree would too. Rountree: I agree but there is always room for improvement. Borton: We will have them up on the 16~'. Freckleton: Do you want me to go ahead and explore the insurance? Bird: As long as Bill and Will are okay with it, I am for it. Freckleton: Okay, thank you. Item 6. Discussion of Proposed Changes to the Private Security License Ordinance: Nary: Mr. President and Members of the Council the first item I have for discussion is a request regarding our private security license. We found a recent application. A person wanted to appeal their denial and what had happened is when the police had done the background check they found a number of criminal offenses, but they were all pretty old, some as old as 35 or 40 years old. But, all of them were outside of the three year window that exists in our ordinance currently. Right now if you ask for a private security license and if you have any criminal offense in the last three years you are not allowed to have one. If it is outside of the last three years it doesn't matter what it is. So if you are on a murder conviction and you were paroled, you can have a security license. You can have a rape conviction you can have a security license. Obviously, in this day and age those are conceming to us and Councilman Borton had asked us to look into that, so I think it should be in your packets a proposed amendment to our ordinance and the other thing that I was looking at is we tried to create a little bit of clarity and the language, but basically for certain types of -for misdemeanor offenses we kept the same three year window. If they had a misdemeanor within the last three years they still wouldn't be entitled to a security license and then we also accepted out certain offenses like firearms, battery and domestic violence types of crimes and we gave those a longer period of time for a solution so those have a five year window. We said if you had a prior felony conviction that you wouldn't be entitled to any security license and we try to distinguish when discussed it in our office on whether or not there were some felony offenses that probably as not as conceming, but it really is harder to sort of split that hair and we felt that it was reasonable from the city's standpoint to exclude that permanently that you wouldn't be entitled to a security license with us. Again I think that the legal basis issue that we would have to wrestle • • Meridian City Council Special Workshop Meeting October 9, 2007 Page 22 of 41 with is what we are trying to prevent of the harm or concern that we have (inaudible) related to what we are basically creating an ordinance for. We felt comfortable enough at least in our staff that we could defend that in relation to felony prior offenses. We also told the time -that was the other thing that was just missing again, our ordinances just old and those types of things just weren't thought of, but it didn't even have any tolling times. So if you had been in jail for ten years for rape and you got out yesterday, but the conviction was ten years ago, you could have it because it didn't make any difference how long ago or whether or not you were in jail the entire time. We put that in the ordinance as well so that the time period does sort of stop. The other question that we have for you to contemplate is that we can bring this particular ordinance forward at any point if it is acceptable to you. But, I have an email correspondence with Ms. Smith, she currently does a lot of the licensing for the Clerk's Office, not all, but she said this standard might be applicable for all of our licenses or at least for the majority of them or for some of the ones that we have for escorts and some of the other types. I asked her if she could identify that or Mr. Berg has an opportunity to identify that we may want to just apply it to the standards for all of them if you would like us to do that. I hadn't prepared it in that fashion. I did it for the private security section. But, we could certainly look at doing that if that is your direction. Borton: Thank you Mr. Nary. Council any questions on the private security license? Rountree: Mr. President just a question. How does the direction we are going in terms of defining who and who can't compare with other communities in the Valley so we don't get cross wise with Boise giving more leniency and having somebody licensed in Boise that is operating occasionally here and you know cross jurisdictional? Nary: Mr. President, Members of the Council, Councilman Rountree it is stricter than some of the other cities. I mean, it is already stricter some of it. I got a call the other day from a gentleman who had a DUI a year and one half ago and was denied a security license under our ordinance and he was going to appeal it because he was already granted one in the City of Boise. So they don't have a restriction for that. So, it is probably stricter and probably these standards are significantly stricter than what we already do and maybe much more restrictive than what other cities do. So it really is sort of up to you. The security one is a little concerning to us. I know it is to Mr. Berg as well because again, you are giving people keys and access to buildings after hours; to gated communities after hours; to lots of places that we feel as a city have a responsibility to at least assure the public that people that are doing that have at least not a significant criminal history. Rountree: I don't disagree I was just curious - • Meridian City Council Special Workshop Meeting October 9, 2007 Page 23 of 41 Nary: I think it is probably stricter than most. That is not a bad thing. Zaremba: Mr. President. Borton: Mr. Zaremba. Zaremba: I have too nitpicky or typographical type of questions and one that is actually - in the title in the second line it says qualifications for "s" private - is "s" a typo or should that be the word "a"? Berg: Just so you know I have not gone through my typing teaching corrections yet, so - Zaremba: The automated system wouldn't pick that up anyway. Nary: I think that has the right font for Mr. Berg, but it doesn't necessarily have the right footer yet. So yes that is a typo. Zaremba: So the bold thing where it says 3-8-4 -this whole listing is actually disqualifications, not qualifications in my opinion. Then here is the real question. "A" is not over 18 years of age and I interpret that as they have to be 19, right? Because being 18 is not over 18. But is that the intent that they have to be 19? Nary: The intent is that they have to be 18 and a day. Zaremba: So the wording would have to be is not 18 years of age or older or is not past their 18~' birthday, so if they are past their 18~' birthday they are okay or if they are 18 or older, but not just older than 18? Nary: We can say no person shall be issued a license that is not at least 18 years of age at the time of application or something like that. Zaremba: That is what I was trying to clarify because the way it reads to me is that they would have to be 19. That was it. Berg: Just on another note, Councilman, the Police Department especially Bob Stowe that gets to review them and John in his absence has had some difficulties in dealing with some of these licensing and this really makes a lot clearer and easier for them to approve and deny and have some grounds to do that. Like you said, the Attorney's Office has to defend this, but they are the ones that have to get the initial okay. So it is a lot better for them. Nary: Just for an example, the gentleman that had really old convictions and didn't have anything very recent, but was a concern to the police, we didn't have any grounds to deny it. The gentleman who had a DUI a year and one half ago, which may or may not be the most critical, but certainly it would be an exclusion under our ordinance currently or even if we passed this new one, again this is a • Meridian City Council Special Workshop Meeting October 9, 2007 Page 24 of 41 different issue but more recent, so we really don't have a reason there. He doesn't have anything to appeal and he is not going to. Those are things that police really do have a struggle when you have -this creates, I think, a better set of guidelines for them. Zaremba: Mr. President. Borton: Mr. Zaremba. Zaremba: Another question that comes to mind as you mentioned who security licenses would likely be given to is there any distinction either in our ordinances or state ordinances or whatever between just private security guards and those that would carry a weapon? Nary: We have probably one of the most liberal states in the country for carrying firearms and so there are federal restrictions in regards to domestic violence offenses and so if you have a domestic violence offense pending at a form of judgment and all those things you may not be allowed to cant' a firearm. Many the security companies don't cant' firearms. I mean many of them don't. They still would be subject to the state law in regards to that and the state law preempts cities from creating different laws in regards to carrying firearms; so we couldn't create a different ordinance restricting the use of that because the state law preempts it. Item 7. Discussion of Proposed Changes to Parking Ordinance: Nary: I am trying to make this the longest ordinance we could ever have. This might seem familiar to you and that is because it is. We were fairly close a few months back to getting this finally back in front of you for final approval. Chief Musser raised some concerns and that provision that's now included here, school and city property, we had been using for certain types of parking offenses and you notice that now that is taken out and we tried to incorporate that into the body of the ordinance. Our intention really was that when you looked up parking in the city code you could look in one place and it would tell you about parking on streets, parking on public property, parking where it is posted, a certain fashion that you were required to obey and that they wouldn't be two or three different spots to look for one type of behavior. So I think we have got that, but then Lt. Overton had some suggestions this morning. So I don't know particularly, but he could certainly raise those and we could talk about them, but alf we did with this latest redraft was take the provision of our city code, the school and city property and we took the parking provision out. What Chief Musser told me was that the officer occasionally would be either asked by the School District to enforce on school properties or if they were going to use this in the parks; if they were going to use this for people who either extended stay in the park, parked against • • Meridian City Council Special Workshop Meeting October 9, 2007 Page 25 of 41 regulations that were posted in the parks whether it is time limitations -some of the ones I noticed for example at the pool in Storey Park there are certain areas that are designated for the pool to use. They are posted properly and so that provision allows us to enforce that if we choose. Our here next to City Hall we currently have it posted two hour limited parking, which actually applies to the entire world including our own employees so that has been a little bit troubling, but when we get to a new City Hall and having to deal with parking issues probably more and more as downtown becomes more used we probably will have areas like that so we still need a section to address that in some fashion. Some of it for parking; some of it for other stuff. We try to incorporate that - I am not saying this is perfect. It is hard to read a little bit so I understand that that has been kind of challenging and we are trying to get through it. Rountree: Mr. President. Borton: Mr. Rountree. Rountree: Question on that posting of no parking or time or restriction on parking and you mentioned the pool and you mentioned trying to enforce it on the school. I guess the question is can our Police Department enforce parking ordinance on property other than public property or public property that doesn't belong to the City of Meridian? In case of the pool that is Western Ada; in the case of the school is the School District. Nary: Well, it is clear you could have an inter govemmental agreement to do that because they are taxing entities between - I don't believe there is any authority in the state code that would allow us to enforce it in a shopping mall. They would have to police that themselves. They could certainly hire their own police force, but I don't think the public taxpayers could do that; but because it is a taxing entity, I think the inter govemmental agreement section of the state code is broad enough to allow us to do that. We don't have that currently and that would be something we could do. I think most of the time -when Chief Musser talked to me about it; most of the school property was done by the SRO at the direction of the school, so deals mostly with the high schools. Mostly in just getting kids to obey the school rules, which they have the ability to enforce. Rountree: Yeah, they really couldn't ticket them like - Nary: Right and they didn't ticket them. They could scare them into moving their car. But I'll work with Lt. Overton on his recommended changes, but I did want to at least bring this back to you again and maybe we would bring it back in a few weeks again for an initial discussion or whether we put it on for one reading and in case there are other changes that you would like to see or if you have concerns we could certainly do whatever you would prefer. • • Meridian City Council Special Workshop Meeting October 9, 2007 Page 26 of 41 Gorton: Bill is this - is there some correlation with what MDC is doing in their parking plan and I know they were having real recent public hearings on time limitations for parking and parking enforcement. Are we going to make this amendment and then add some more amendments real soon thereafter with what MDC comes up with? Nary: Mr. President, Members of the Council I thought of that. I had a discussion with Mr. Wardle from MDC about that and of course they are looking at what time limitations and such should be appropriate in the downtown core. This doesn't really impact that. I mean, unless it is in a private lot, it wouldn't really impact that. Most of the street parking is normally going to get enforced by the state code provisions regarding obeying the traffic controlled devices, obeying the signs. There is provisions on here if it was in a city lot, for example, the city owned parking lots this does allow us to cite within that and then they had talked about what enforcement mechanism they would use, police and how they would pay for it and those things. I don't see a conflict. I don't see an amendment necessarily having to follow on the heels of that either because I think the state code allows what we are going to be doing with that. So if it is all right with you I will work with Lt. Overton and you will probably see it again in less than a month, not six months. We will bring it back. Item 8. Discussion of Executive Personnel Benefits Program Policy: Nary: Council this one really is a clean up. We had a discussion a few months back about this particular one. We passed some basically director benefits a few years ago. We enhanced some of our benefit packages for the directors in the city. We found that one of the positions that we had, one of the appointed officials positions that we had wasn't covered by that. You felt that was appropriate. It was the only position that wasn't covered by that you felt was answerable both to the Mayor and the Council and made sense to fit into this program. So this is really just a cleanup of that policy to basically change some of the language, include the appointed officials. It gives some opportunity at the end of that. If you would like you can take it out certainly saying that you can't from time to time direct that if you want other positions included in that, you can do that. We would then just make sure that we track that of which ones have been approved to do that, but we can amend the policy at that point. But, other than that this really just follows the policy that we get implemented previously and then there was a provision here. It is the last bullet and was a discussion that we have had and again this is totally just a discussion point for you if you would like that. It is actually the last two bullets. One of the issues that comes up periodically in the city is that we do our annual increases based on the employee anniversary date and there had been discussion among the directors and with the Mayor about maybe basically taking all of the director positions and putting them at one anniversary date rather than sprinkling them throughout the year, • Meridian City Council Special Workshop Meeting October 9, 2007 Page 27 of 41 making it more consistent. We had discussed that as a possibility at some point for all of the city to do that. There is some fiscal impact to do that if we did. Right now Finance was not supportive of doing that and my staff who does all of the data entry weren't real supportive of doing that, yet, but we thought it might make sense from the director's standpoint again that the directors know that as we begin each budget year they would basically have all of the anniversary dates be the same and then also the pay could then be reviewed by you folks as well as the Council for the city. If you want that that is fine. If you don't think that's really within your purview that is fine too; whatever you think is appropriate. I was asked to include it for discussion. Borton: Council any questions? Berg: Mr. President at one time we did shift directors to October 1St. So is this a couple of recent ones that were hired that need to be addressed or --? You know because there is just a whole bunch of us that is all of sudden were shot there and the Mayor had to do their evaluations. Bird: I was shocked when - Nary: Yeah, I know Mr. Strong's was not in October. I know Anna's is not in October. I believe Chief Musser's was not in October, so it really just depends. From what I understood historically, Mr. Berg is right I think they also did this once before. Lt. Overton keeps track of this kind of stuff too, but I think because it was before but what happens is again it is the issue of what happens is do we do this annually for everybody? Do we do it on anniversary dates when people get promoted or what? I don't really have a preference other than it is simpler to me if it was all at once; it is just that it is a lot of paperwork to do all at once. We have discussed with our merits system and we haven't finalized that. We have done some changes to the format a little bit this year that we think will make it a little bit, again a little easier to use. I mean I think we have made it easier and easier to use and I think we are still working on that to make it a real, I guess, continuing breathing document, but one of the things that we talked about was on the PAD's that we use for the employees that we might want to do those, again, not necessarily tie it around annual increases, but do those in the systematic way where the director ones may be done in late spring, April or May time period or June or somewhere in there and then after that the Sr. Managers of those departments within and the PAD process would take period during that period subsequent June or July and then the rest of the employees would be August and September and that way as they filter down from directors to managers to employees that that whole accountability system makes sense to folks. It is not scattered throughout the year, which is currently is but it really is driven by really following strategic guidelines as we do them manually, as we work through the budgets annually that we many those things up. We haven't finalized that, but there was some discussion with that with some of the directors and I think that there is some real value to considering that, but again we haven't finalized it. • • Meridian City Council Special Workshop Meeting October 9, 2007 Page 28 of 41 This was again something that was brought to my attention that there might be a more systematic way with all of the directors and provide some, I guess, some continuity as to when these things get done because of time and constraints they aren't always done. Bird: Mr. President. Borton: Mr. Bird. Bird: Coming under a system where we were all on a calendar year and whether we go on a fiscal year or calendar year I don't care, but I would like to see this all married into like one time for everybody. I mean, to be truthfully I don't know if I would be working and keeping my mind in line if I had 15 different anniversary dates for my employees to make sure that when their anniversary date got up, their pay got raised or whatever. So if we do it all atone time, you get over and it is done with. I am sure there are some employees out there, not by anybody's fault that has went a month or two without getting a raise because they don't understand and the poor old director has been busy and you know if you have got a lot of people in there - I know the firemen get their raises October 1St. I don't know how the police -are you an anniversary dates, too? (Speaker unknown): Yes, lots of them. Bird: That has to be a nightmare. Berg: Well, the HR Department does a fine job of notifying the directors of who's evaluation is coming up, but you are correct when you are trying to keep track of especially a larger department like the Police or Public Works, how many different employees at different anniversary dates because they are different dates. It could be March 16th or April 21St and it is just scattered throughout. Nary: You are correct, Mr. Berg there certainly are times where we have gone even beyond one month to get that done. I think we are going to get there and I think if we can make the format and the method and all of that work better then I think it all does work together, but I don't think we are there yet. But, I agree with you. I guess because I worked in a system for 15 years that that is what you did. You knew October 1St. The downside is we have a little bit of flexibility when we have that gap. You know we fund at the beginning of the fiscal year all of the positions and the rates of pay. So, we buy us some cushion for flexibility of positions when we don't give increases because the person's increase doesn't come until January or March or whatever it is. It is not a big deal to me, but as I told departments to understand that that might be your cushion sometimes on your flexibility in your pay when you do that. It is just an issue. It is not a reason we can't do it, it is just a reason we need to be cognizant of if we do. • Meridian City Council Special Workshop Meeting October 9, 2007 Page 29 of 41 Rountree: Mr. President I guess I would take the opposite on that. I can see the directors because they are appointed and they are going to be reafFrmed or reconfirmed every year anyway, pretty much or at least every election cycle. I would not want to be a director and have 15 people accountable for performance reviews under my supervision; hopefully it is six or less. But, I still wouldn't want to have a week in the year that I had to do six performance appraisals. I would rather do that sprinkled throughout the year with the good help of HR telling me when folks are done, but the real reason I would rather do that is that if you are going to lever your finances at all you need that flexibility of that staggered payout and you can lever that to your advantage in a department and as a city. Given our payroll now, there probably is not a lot of wiggle room but as we grow it is going to be hard to have that and take it back if we ever do want to lever those funds when we have given it up. So I would be a little hesitant about not looking at anniversary dates for the fiscal reason. Nary: I could add to that. At my other job before I left I had 11 people that I directly supervised and you are exactly right. Having 11 performance evaluations to do in about six weeks' time is a lot of work and it doesn't allow you to do much of any other work. Rountree: If you are going to do it right. Nary: Yes, if you are going to do it right. What we found in the city is we don't have many managers that have more than five to eight, you know less than 10 normally of people that they directly supervise that they would have to do their evaluations. Actually it may have changed recently, but I know when we first had this discussion a year or two ago the Mayor had the most direct reports in the city and most of the other directors or other managers didn't have quite as many. Some have changed. Some have more and we changed that, but that is a valid point. I mean, it isn't that much to do and it does buy us some room. But, if you would like me to include that for the directors in this policy I certainly can. It is up to you folks. Zaremba: Mr. President. Borton: Mr. Zaremba. Zaremba: I guess I have a question. First are there two rating sys#ems? Is there a merit system and a cost of living system and the second question to that would be it would make sense to me at least to do a cost of living on whatever their anniversary is, the computer just needs to keep track of that. But, even though I know it is a lot more work at one time, if there is also a merit increase to be considered I would think a director would want to have a pot of money that they can distribute among their people and they would want to make that selection all at the same time. Meridian City Council Special Workshop Meeting October 9, 2007 Page 30 of 41 Nary: Mr. President, Members of the Council, Councilman Zaremba we do not have cost of living increases anymore. We only have merit and those are done annually. There are generally enough funds and again it is the same issue that Councilman Rountree brought up. How much is in your personnel line? The way they finance it for the merit pool for each department is, for example, this year the merit pool is four percent. So, the Finance Department - (Tape turned over) Nary: -- that we have there has never been an issue of having adequate funding to fund all of the increases. In the smaller departments what they did is they basically created, for lack of a better term, a fiscal anomaly. They added actually instead of it is a four percent pool they would normally add on the smaller departments like Mr. Berg's department or mine or the Finance an additional one percent into the personnel line so that way there is adequate funding because sometimes with the smaller number of employees you end up where if the top raise is five percent, well somebody has to get three because there is not enough money. Well, what they found is if they could put a small amount of money and it may even be less than one percent into that line it allows for that ability that if you had all of the employees really rate out as the superior performers, you'd still have adequate personnel dollars to fund it. Again, we haven't had an issue or a problem with that. We have over the last two years consistently tracked on all of our merit increases and it has been pretty consistent that of the three different ratings that we have the middle rating tends to be about 65 percent of the employees; the satisfactory rating is approximately 35 percent of the employees and then the top rating is about ten percent. So it tends to break out fairly consistently every year so there is adequate money there to do it, but that is how they fund it to make sure there is enough and like I said that little extra of not everybody gets an increase in October really helps spread it out over the whole system. Borton: Well totally a different topic -the only question that jumped out is what if you employ a director who is uninsurable for life insurance purposes? Are they entitled to alternate compensation of equal value for the premium that you are not paying on their behalf? Nary: Don't know. You are just full of questions I can't answer. I am sorry. Borton: There is no caveat that, assuming they are insurable or if insurable they get $100,000? Nary: No and the cost is so small to the city that it is -when we actually implement it there is no additional costs. The cost of the city is so small sort somebody really wants the $17 a year, I guess we could give it to them. But, no one has ever asked. It is such a miniscule amount of money for the insurance coverage. I guess I would not have interpreted that since -the question would • Meridian City Council Special Workshop Meeting October 9, 2007 Page 31 of 41 come to me is I would not interpret this as some sort of (inaudible) plan that could have this or not that and we will pay you the difference, like some employers do. We wouldn't do that. Borton: You just don't get it? Nary: Right, you just don't get it. Council any other questions on the policy? Bird: I have none. Borton: Clear as mud? Nary: I will bring it back for approval here in the next week or two. Item 9. Discussion of Proposed Changes to the Travel ~ Expense Policy: Nary: Members of the Council I have the travel expense policy in front of you and this is just the current existing policy. This doesn't have any changes or amendments to it at the moment. We had a lengthy and somewhat heated discussion today about this particular policy. I guess the first question for you is we have for a number of years had a policy that allows -basically we reimburse for expenses for meals for people that are traveling and most of the time - I have to sort of separate this a little bit in my mind and maybe not for you folks, but what primarily started this discussion was dealing with people that were traveling on city business for a conference or a training opportunity. Right now we pay actual expenses. They need to provide us receipts. They can eat up to $50 a day. If they eat $20, they get $20. If they $50 they get $50. If they eat $60 they get $50. They bring us the actual receipts. Finance has been concerned for two reasons. One it can be a real accounting nightmare to track that. People use the city credit card sometimes on trips if it is a senior level manager or department director and they will use the city credit card and they still track all of the receipts, but the card bill comes in sometimes before the receipts get to Finance. They honestly get receipts requests for reimbursements for gum and for a pop and an ice cream cone or Mr. Grady's personal favorite, Preparation H. Why you would want the public to know you needed to buy it or that you needed it is beyond me, but so they get lots of odd requests and sometimes really cumbersome requests - stacks of receipts. You know for a small department like mine it is generally not a big issue, but for a larger department like Police or Fire or Public Works it can be -you know, like Police Mike sent four people to a training class that is a two week class. They may have stacks of receipts to have to sift through and make sure the meals match up and they didn't pay for two people and they didn't buy alcohol and they didn't buy their wife's meal who happened to go along or whatever. So it can be a real nightmare. The other issue and concern for Meridian City Council Special Workshop Meeting October 9, 2007 Page 32 of 41 Finance is trying to make sure we complied with all of the IRS regulations and the IRS is very, very particular about this subject and are very concerned when people go above whatever the federal perdiem is, what the individual city's perdiem's are, how those are accounted for and whether that is actually income or not income and Ms. Kilchenmann made it pretty clear to us that she feels personally responsible for the city's finances and making sure we are compliant with the federal regulations and I don't disagree with that. Their proposal that they would like to consider and the reason I didn't bring you a draft amendment is I think that we have to rewrite this if we are going to do it. It is really wordy and real hard to understand in its current form, but they what they would like to do is go to a perdiem policy; use the federal regulations and basically what we discussed today when we finally got to conclusion was we weren't talking about a perdiem for travel within the Treasure Valley -Mountain Home to Caldwell, Ontario area. You know those we generally do actual costs. Somebody goes to a training class in Caldwell for a day and they eat lunch, we generally just paid for that. We don't give them a perdiem to go there. That over night stay was really the trigger to when the perdiem was appropriate and we would use the federal guidelines as to what that perdiem is because they vary by city and location and such and they are generally pretty good and they break them out by time of day when you leave and meals that are provided and for an example if you are going to leave at six o'clock on a Saturday morning to travel to D.C. and you won't get home until Tuesday night at midnight then you can calculate how many meals would you be entitled to and if meals are provided for your conference. There is a certain percentage that is allowed for breakfast and a certain amount for lunch and if those are provided those are taken out of your perdiem and you get this amount of money and you can buy gum or Preparation H to your heart's content. It is easy to track. There is a system that the IRS requires where you basically have to fill out the form and they want to assure that you went. Again, I don't think that that is an issue for us, but I think that that is the IRS's concern that people get these perdiems and (inaudible) large places and they just don't go. They don't even attend it and then they get this money as free income. So that would be their preference. They don't think it is necessary to do the perdiem for hotel, only because the majority of the issues when we are dealing with, at least for training and for conferences predominantly there is a provided hotel and so if there is a provided hotel, it is sometimes easier to stay there and sometimes the perdiem doesn't always quite match up with very well with wherever the conference is located. So you might save $50 on a hotel room and then spend $50 getting the cab because that may be your only means to get to where the conference is daily to get back and forth. They didn't think that was probably a big issue to them at the moment and they thought we could really just prepay those and pay the actual expense and it is not an issue for that. We had a lengthier discussion and this is in some guidance that we are seeking from you on the other types of travel. So not travel for trainings and conferences where we can match up meals and flights and times, but trainings for other city business. Chief Anderson had to go to Wisconsin last year to take a fire truck there and go back and get the fire truck. We have had engineers from Public Meridian City Council Special Workshop Meeting October 9, 2007 Page 33 of 41 Works that have to travel to a location to view some process or machinery of some sort that we may want to incorporate into the city. So whether those things trigger the same types of things, the Finance Department would say yes they should. What the director's discussed is whether or not you folks think there should be at least some ability if expenses go beyond that standard perdiem's for those types of events that there is some ability to come and request that additional reimbursement and whether or not you would want to see that or whether you would not want to allow that. I guess that is really your call. I told him I would ask you and see what your preferences were, but again they would craft the policy. They want to be the administrators of this particular policy, I guess, in conjunction with my office to make sure that employees are doing the guidelines, but their concern that we make sure we meet IRS standards and that we don't have an issue because otherwise they have to cut W2's or 1099's depending on what it is and they want to have to do that. So that is the issue in a big nutshell. Bird: Mr. President. Borton: Mr. Bird. Bird: Bill one of my biggest concerns on this policy and I realize and I appreciate Stacy's concern over managing the money, but the four of us up here are responsible to the taxpayers for how it is taken care of. We have got to get away that these receipts are turned in in a timely manner. People that have credit cards if they don't get them turned in we need to figure out a way to do it. Five days is plenty to get - if you go to a trip and you get back you should have - I don't care if it is a week's trip, you should be able to sit down and that should be your first priority when you come back to work to get it over there because that little gal is breaking rules of accounting by paying off our credit cards before she has receipts to consider. I don't know how many of you guys carry credit cards, but I will guarantee my wife doesn't pay a credit card if she doesn't have the receipt. We are asking these gals do that because we are too lazy to get our receipts in and I am not excluding anybody from the Mayor and Council down. So let's put some bite in there. Your perdiem I think is great, but I think when we write this up before it comes to us, my suggestion would be to get with the Finance Department and the directors and make sure that this is very doable for everybody and I don't believe any trips should be treated different than any other trips. I think they all should be the same. That is my two cents' worth. Rountree: Mr. President. Borton: Mr. Rountree. Rountree: Bill I think Stacy's goal in the direction that came from her previous life. It sounds exactly like the State's system and it is a clean system. You have so much allowance for meals per day based on when you leave your station to ® • Meridian City Council Special Workshop Meeting October 9, 2007 Page 34 of 41 when you get' back to your station; it is broken down by breakfast, lunch and dinner, so much for each one. You can eat as much or and I know guys who traveled with their post (inaudible) and pocketed the perdiem, but you know there is nothing you can do about that. The other thing that this State system allows is a phone call home for $10. If it is a $2 phone call or if it is a cell phone, everybody put $10 on their expense account and it went through and receipts for hotels, whether it is included in registration or not, receipts for hotels. Any travel, whether it was for training or conference or an engineer going to look at a structure or fabricator or whatever, all the same -perdiem based on the city and the federal rate for that city because if you go to D.C. it costs you a whole lot more to eat than it does if you go to Lewiston and the federal rate establishes all of those and you know in advance what you are going to get or you can establish an amount. The state establishes an amount, it doesn't matter what city you eat in you get $50 bucks. It doesn't matter where you are in the world, but it is something that IRS sets the standard for; we don't have to wont' about receipts, everybody is treated the same. I guess the thing that I would like to see is that people their resources more and if they have got a personal credit card, know that if they get their expense voucher in the day they are returned in a couple of days or less they are going to get an expense check that they can apply towards their credit card bill. I agree with Councilman Bird if they are on the city's dime on a city credit card that credit card better be back within a day of their return and their receipts and their charges on that better be accountable or I think the policy ought to be real clear it is their dime. There is no reason for that. It is not that hard to do. Nary: The only other thing and I think that you are all probably aware of it and I think that we have had this discussion before and I think the system that the Finance is talking about in the long run works a lot better. It is simpler for the employees, it is simpler for accounting. Once people get used to it, I think it is fine. Probably the only reason where I work before one of the reasons the Council at that point took the policy that was similar to ours is because they had the impression that the employees were basically getting $100 for perdiem and they are eating hotdogs at Circle K and they are just keeping $80. So that is why they went to an actual cost. Well right now we have 300 employees, so the actual cost reimbursement is very inconvenient. When we have 500 employees it will be really inconvenient and as we get larger it will become almost impossible - I mean someone is going to just do that all the time - Rountree: It will cost you just as much to keep track as what you think you are saving. Nary: Exactly. So, I think although there is the potential that you will probably sometimes be paying more in perdiem than the person probably ate and I use myself as an example. I went to Portland to a conference last year, we paid actual costs and I was there for four days and they did provide meals and I think I spent $80 to eat for four days' worth. If we did a perdiem system, it probably o • Meridian City Council Special Workshop Meeting October 9, 2007 Page 35 of 41 would have been a little higher than that, but I think in the long run that little bit of difference managed out over the number of employees we have and the accounting for it all would really work out for the city's favor. Rountree: On that system there were actually some of us that put in for perdiem less than the maximum amount, if we didn't need that. Not a lot of people did that. Bird: Joe could go on $10 a day the way that he eats Borton: If you use that perdiem policy, would you lose the ability to restrict the way it is expended? Like right now you can't spend it on alcohol and things like that. So, basically you just buy whatever you want? Nary: You buy whatever you want. Bird: If they go for three days, they get $150 perdiem for three days. Nary: Depending on where you go. Bird: I agree with Councilman Rountree that you don't go to Lewiston, Idaho at the same price as you go to Sun Valley, Idaho or Coeur d' Alene or Washington, D.C., so you have to have some judgment too, which they do. Nary: You know there wouldn't be restrictions, but I think you know what we have again it is that trying to always account for who ate what -you know one of the other problems that we have and I am sure you folks have all seen in your line of work is trying to get split checks, trying to get copies of receipts sometimes is next to impossible. You go to dinner with ten people; most restaurants won't give you ten checks. I went to this Portland conference and I went to dinner with ten people and luckily one of them said I will make copies of them and I will send them to you and he sent them the next day, but it is not easy to do. It is a pain. All right so we will work with Finance and clean that up and then bring that back to you. Freckleton: President Borton if I could add just one last comment to that. I have worked here just long enough to remember that we had a cash perdiem system in the city for several years and we went away from it and we missed it the day after we went away from it because this system with having to make sure - I have lost I don't know how many receipts over the years and if you lose them you are out because generally it is hard to get them back and I have been on a trip to D.C. and I have wanted to eat at the hotdog vendor on the street and he is not going to give me a receipt and so I am not eating there because you are restricted on what you can do. So the cash perdiem system was a far easier one for accounting and far easier for the employees when we had it before. o • Meridian City Council Special Workshop Meeting October 9, 2007 Page 36 of 41 Item 10. Discussion of Renewal and Amendment of Patio Lease at Generations Plaza: Nary: You should have this on your packets as well. Mr. Baird from my office has talked to Mr. Banoid. Some of you may not have known we actually owned the ground or the plaza is where the patio is for the building immediately adjacent used to be the 43 Degree's restaurant. The new restaurant is supposed to open here shortly, so we needed to get the lease back in play. It hadn't been used for a while so Mr. Banoid is going to make up the payment for last year that he didn't make. We had a percentage increase in there annually previously which expired in 2005. I think this time the proposal is three percent rather than four percent is what they are asking for. They wanted to be able to extend the patio at some point and wanted to be sure that it would meet both design review guidelines from the Planning Department; when they did that they also increased the rent because of the additional square footage that they would be able to use in that location. We have to do the set of regular meetings, but Mr. Baird wanted to have it on the agenda tonight so that you would have an opportunity to look at it in advance of it being on next week's agenda. So if you have any other questions for it, I don't want to take any more time with it, but if you have any I would certainly take those and if not, we will bring it back probably next week is what I would anticipate. Bird: I don't see any problem with it. I hope they do extend it all the way down there. Item 11. Discussion of Joint Meeting between City of Boise City Council and City of Meridian City Council: Nary: Mr. Borton if you wouldn't mind, I have Item 12 that is right after that and if I could just do that one it would be fairly quickly. Borton: You bet. Borton: I think we mentioned this last week or two weeks ago about the desire - Bird: (Inaudible--) before September 24~' because Elaine and I talked about it. Rountree: Elaine and I talked about it last week. She wanted to know how to get it scheduled. I said to call Will. Zaremba: She has talked to me about getting together too and said there is a lot of stuff we haven't talked about. She wasn't more specific. • • Meridian City Council Special Workshop Meeting October 9, 2007 Page 37 of 41 Borton: We could sit here now - I don't know if you guys have calendars or send us emails and have you get us emailed dates to Will every available evening in the next 30 days. We will see what matches and then - Bird: Let me know. Joe why don't you get a hold of Elaine and you two set up a date and see if that will work. Rountree: Well I want to know what we are talking about because I don't want to go in there and - Gorton: So like if it is just transportation - Rountree: If it is just transportation I don't know that I would necessarily want to go and listen to no roads. Gorton: It is transportation - Bird: Ustick and Fairview as I understand it. Gorton: And Blue Print and adequate public facilities. Rountree: Well I guess if it is adequate public facilities, fine; Blue Print, fine, but if it is a project specific that Dave is already working on or one of us is already working on in a group I don't want to talk about it and not - we are supposed to be doing that as a team approach in the community, not us teaming up with Boise or - Zaremba: -- trying to go around somebody else. Yeah, I agree. Borton: We could invite them to join us at the Police Station, I presume, out here? Rountree: I am not sure if they will let us in out there. They are toughening up their policy. Overton: You have to follow the rules. Bird: We have all got keys; we can get in. Zaremba: We need to find a place to meet where they are forced to drive through the Franklin, Ten Mile intersection at about 6:00 at night to get to the meeting. Bird: No we need to make them come out Fairview or Ustick about that time. i • Meridian City Council Special Workshop Meeting October 9, 2007 Page 38 of 41 Zaremba: So we can discuss whether those are more important than the East Park Center Bridge. Bird: I don't think you are going to get that changed. Borton: We will just get it set. Nary: Treasure Valley Baptist Church has a room there and could meet there. Gorton: Anyone traveling, taking time off or gone for a week or Hawaii or --? Okay we will get it set soon. Zaremba: Mr. President. Gorton: Mr. Zaremba. Zaremba: On a similar subject what has happened with trying to meet with Kuna? Do we give up? Borton: Well for what I know, which isn't a lot they are in the midst of tumultuous election season where the boundary hadn't been at least what I was told, concern number one because some people don't know what job they might have by the time decisions are made. Then I recently saw maps sent out from the Mayor and Anna that had not only is Lake Hazel not the boundary, it is actually now north of Lake Hazel where they are coming. So soon it will be Overland and then the Freeway. I don't think there is a point in scheduling a meeting until after the election, but should come real soon thereafter. I haven't heard any request from Kuna to meet, it was just -they have got their issues. So, probably the first of the year. So, Council anything else? Zaremba: Who are we emailing to with potential availability? Rountree: Run it through Will - Zaremba: Okay and just give you some choices Berg: And non choices. Rountree: Mr. President. Gorton: Mr. Rountree. Rountree: I know this is a workshop and this is not on the agenda, but I am going to bring it up and maybe Mr. Nary - I am not going to ask for an answer, but we can talk about it at some point and time. I have gone through your HR manual and you did a great job. It is really nice to see all of that stuff -the one a • Meridian City Council Special Workshop Meeting October 9, 2007 Page 39 of 41 confusing item to me is that as you read through it, there is no clear distinction between a city employee and a City Councilman. In some spots it calls out City Councilman applicability and in other spots one has to assume it is or it isn't. So I think that is a point that we all probably need some clarification on at some point and time in the future, but yes, you did a great job. It is nice to have all of that in one spot and if is clean and it is straight forward and I think you covered just about anything and everything you would want to cover. So, good job. Nary: We can look at that. Thank you. Item 12. Executive Summary for Insurance Benefits: Nary: Sorry for the last minute on this. I just got this yesterday from our benefits consultant. These are our cost of benefits for this fiscal year. You may have noted for our medical Blue Cross we have a zero percent increase again, which was actually a great advantage to the city. If you recall last year was a two percent decrease, so now they haven't increased it at all for this year so they are still at a rate less than they were two years ago and that was per person. So that was a very good thing for us. That was probably our biggest positive. We also had zero percent increase for dental, which also hasn't been at zero for the last few years. We have always had a slight increase and we didn't this year. The other increases are fairly small. We have our EPA program. I think it is a 1.76 percent increase; our vision service plan has no increase. The United Heritage renewal was a small minor increase. We did increase the coverage for employees. If you recall we discussed this with the Fire Union contract. We did increase the general coverage for all employees for life and accidental death benefit. They did that at a pretty minimal rate increase and they actually allowed the increase for October 1St. So I actually signed the document before October 1St that would put it into place now so it is consistent with the Fire Department's union contracts. So all employees have the increased coverage with again no additional costs to the employee and a pretty minimal cost to the city. The express flex is one, if you note, there is a pretty lengthy discussion about it. We have had issues with service and if you have had any discussion with employees, we have had some issues with service off and on for the last couple of years with our provider. This year we have had more than we are comfortable with for our dependent care service with flex spending. So Ms. Clinton who is our Benefit's Specialist, she did research these other ones. We found this other provider. It is local. Their tum around is very quick. Probably the biggest asset we have had in the last few years was the Bennie Card that we have that you should all have that is a great access for employees to use their medical benefits. It is much simpler to use. One of our challenges with our current provider is we have had employees who go to the doctor and have to make sure they keep the receipt and send it in, which clearly should be covered and clearly doesn't have any reason that should have to be sent in to them and we have had that happen Meridian City Council Special Workshop Meeting October 9, 2007 Page 40 of 41 a lot. Then we have had other employees who said they went and bought their prescription and they have to go do that. But, yet if they went and bought an over the counter medication they didn't. So there is a lot of inconsistency from the provider. This new provider has the benefit card, has a quick tum around time, has a history of quality service from other providers that we have consulted and they are cheaper. So it seemed like a good reason to switch. When we do our sign up for benefits we are going to have to do it with every employee because the benefit cards are also different. That was my other criteria that I didn't want another red card so people would be confused which card they had. So we will have to go through that with each employee so they know what benefit they have and which one it covers, but it is a cheaper program and again we have continually increased our express flex type of dollars, which also as you remember saves the city money; all the money that people put into these types of plans, lowers their reported income which also lowers the amount of payroll taxes that we pay. Rountree: So there will be an open enrollment of that the first of January? Nary: Actually we do it in November for the sign ups and it begins the first of January. That is it. Borton: Thank you Bill. Item 13. Executive Session per Idaho State Code 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation); Bird: Mr. President. Borton: Mr. Bird. Bird: If we have no more I would move we go into Executive Session as per Idaho State Code 67-2345(1)(a)(f). Rountree: Second. Borton: It has been moved and seconded to go into Executive Session. Mr. Berg please call roll. Roll Call Vote: Bird, aye; Rountree, aye; Zaremba, aye; and Borton, aye. ALL AYES. MOTION CARRIED. EXECUTIVE SESSION: ~- i Meridian City Council Special Workshop Meeting October 9, 2007 Page 41 of 41 Rountree: I move we come out of Executive Session. Bird: Second. Borton: It has been moved and seconded to come out of Executive Session. All those in favor say aye. ALL AYES. MOTION CARRIED. Borton: Motion to adjoum? Rountree: Move to adjoum. Zaremba: Second. Borton: It has been moved and seconded to adjoum. All those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 9:14 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: /~~~~ TAMMY DE RD, MAYOR ATTESTED: a~-~?iy~~~ /~i l®~ 2 3~ ®7 DATE APPROV~~a14sa~o~~ae®~rB ,~ "~.~ .. ~ - ~~ ~,~ _ G. BERG, JR., ITY CAE ~~,, ~`~`~ ~ ~ ~m•~ x. ty ''l~~. ham/ P ~.V. y ~f/. anti `•1 c ~~. /~'PPP7i~i'1.iYi1',~ October 5, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT ITEM NO. 3 REQUEST Update of the East 3rd Street Study 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 Ctty of Meridian. October 9, 2007 COMMENTS ~~y~ ~~ • City Council Special Meeting/Workshop '~ ~ ~ ~~ Tuesday, October 9, 2007 ®~~ ®~ 200 pity ~~M~rida 3. Update of East 3rd Street Study ~~~ ~l~a-~ ~'~~ Situation: Per Council direction, City and MDC staff worked with the Consultant (Six Mile Engineering) to finalize the Scope of Work and estimated cost of this project. The full scope is attached and a summary is provided below. 'The Consultant estimates that the total cost of this project as outlined in the scope is $40,000. MDC staff will present the same scope and cost estimates to the MDC Board at the October 10, 2007 Board meeting, and request that MDC enter into a joint agreement with the City, splitting evenly the cost of this project. Last fiscal year (ending on September 30, 2007), Council budgeted $20,000 for this project. Before the end of the fiscal year, however, the funds previously budgeted for this project were not carried over into the FY 2008 Budget and were moved into the General Fund Reserve. As a result, in order to transfer funds from the General Fund Reserve into the Planning Department Budget, staff must initiate a budget amendment (in the amount of $20,000). Request: Staff requests Councils permission to move forward with the budget amendment process. Pending Council's approval of this request, an amendment in the amount of $20,000 will be submitted for the East 3rd Street Extension and Alignment Study. Scope of Work Summary: The alignments that this project will consider are 2 %2 Street (extend 3rd Street from Carlton Avenue to 2 '/2 Street and back to 3rd Street north of Bradley Avenue), 3rd Street (along the existing 3rd Street from Carlton Avenue to Fairview Avenue), and 4d' Street (extend 3rd Street north from Carlton Avenue to 4~' Street then back to 3rd Street north of Bradley). The Consultant will prepare and consider cost estimates and analyses for each alternative in identifying the preferred alignment. Stakeholder and Public Involvement: The City and MDC, with the assistance of the Consultant, will conduct stakeholder interviews with impacted parties. One open house will be held for this study and will be attended by the City, MDC, and the Consultant. • Alignment Study Report: The Consultant will prepare a report documenting the study process, alignment options, evaluation criteria, and preferred alignment alternative. The report will summarize existing conditions, right-of--way impacts, cost estimates, agency and stakeholder input, and outcomes from the property owner and public informational meeting. Schedule: The Consultant anticipates that this project will conclude in approximately five and a half months from notice to proceed. • SCOPE OF WORK, BUDGETAND SCHEDULE 3RD STREET EXTENSION ALIGNMENT STUDY SCOPE OF WORK PROJECT UNDERSTANDING This study will identify an alignment for the extension of 3`d Street from Carlton Avenue north to Fairview Avenue. This extension will provide internal area trips access to Franklin Road on the south and Fairview Avenue on the north. The potential alignment options to be evaluated are: ^ 2 '/ Street -Extend 3`~ Street from Carlton Avenue to 2 '/2 Street and then back to 3`d Street north of Badley Avenue. (As directed by the City and MDC, there is the possibility that 2'/ Street may be closed near the shopping center at Fairview Avenue in the future so extending 3`d Street to the 2'h Street intersection with Fairview Avenue is not being considered.) ^ 3`d Street -Extend 3`d Street north along the existing 3`d Street bearing from Carlton Avenue to Fairview Avenue. ^ 4t" Street -Extend 3`d Street north from Carlton Avenue to 4~" Street and then back to 3`~ Street north of Badley Avenue The general study area is bounded by Fairview Avenue, Main Street, 5t" Street and Pine Avenue. This study is being conducted for the City of Meridian and the Meridian Development Corporation (MDC). These agencies will lead the public involvement effort to engage stakeholders and the public in the development of the preferred alignment. PROJECT TASKS TASK 1 -MAPPING 1.1 Project Control and RNV TASK 2 -PUBLIC INVOLVEMENT 2.1 Stakeholder Involvement 2.2 Public Open House Meeting TASK 3 -ALIGNMENT ALTERNATIVES 3.1 Typical Sections 3.2 Develop Alignment Options SCOPE OF WORK, BUDGETAND SCHEDULE OCTOBER 1, 2007 3RD STREET EXTENSION ALIGNMENT STUDY PAGE 'I OF 8 3.3 Alignment Cost Estimates 3.4 Alternative Analysis and Recommendations 3.5 Alignment Study Report TASK 4 -PROJECT MANAGEMENT 4.1 Project Coordination and Meetings 4.2 Project Administration PROJECT TASK DESCRIPTIONS TASK 1 -MAPPING Preliminary alignment alternatives will be developed using GIS files provided by the City of Meridian in digital format, including right-of-way boundaries, parcel ownership information, and the most current aerial images. No survey will be performed as part of the development of the preliminary alignment alternatives. Once a recommended alignment alternative has been approved by the City and MDC, the surveying Subconsultant will perform the necessary research to establish the existing right-of--way centerline and tie the centerline to the coordinate system used for the aerial photography and GIS files (Ada County GIS Base Map Datum). Individual parcel property lines will be identified for up to 46 parcels along the recommended alignment alternative. The property lines will be based on information from deeds and plats. Initial research of the deeds for the properties within the study area will be performed to determine and confirm property lines along the right-of--way. Title reports for each of the properties will not be requested and are not included in this scope of work. 1.1 Project Control and R/W: Subconsultant will perform necessary research to locate existing section comers and establish project control and existing centerline to facilitate property ownership and future supplemental field surveys. The control will be translated, if necessary, to the Ada County coordinates used for the aerial photography and GIS files provided by the City of Meridian (Ada County GIS Base Map Datum). Right-of--way will be identified for up to 46 parcels along the approved alignment alternative and will be based on information from deeds and plats. Property boundaries fronting the approved alignment will be surveyed. Deliverables: ^ Project Control and Right-of-Way Mapping SCOPE OF WORK, BUDGETAND SCHEDULE OCTOBER 1, 2007 3RD STREET EXTENSION ALIGNMENT STUDY PAGE 2 OF 8 • • TASK 2 -PUBLIC INVOLVEMENT The City and MDC will lead the public involvement effort. The Consultant will support the City and MDC in the public involvement process by preparing exhibits and providing technical information and staff at the meetings. Project talking points will be developed by the City and MDC with technical assistance from the Consultant. The project talking points will be used by the City and MDC as communication materials such as media releases, letters, and newsletters/self mailers. 2.1 Stakeholder Involvement: The City and MDC will coordinate with stakeholders to identify project issues. The City and MDC will conduct stakeholder interviews. The stakeholder interviews will identify project issues. Interviews are likely to involve entities such as roadways, utilities, railroad, irrigation districts, developers, neighborhood associations, property owners and local and state agencies. The City and MDC will document the relevant provisions of stakeholder comprehensive plans and programs and provide overview information to the Consultant for inclusion in the alignment development. The railroad crossing on 3'~ Street is outside of the project area but the Consultant will contact the railroad and solicit input based on potential increased traffic volumes at the crossing. A summary of the coordination with the railroad will be submitted to the City and MDC documenting input provided by the railroad. Deliverables: ^ Railroad Coordination Summary 2.2 Public Open House Meeting: One open house public involvement meeting will be held for this study and will be attended by the City, MDC, and the Consultant. The purpose of the public open house meeting will be to: ^ Provide the public the opportunity to identify issues of concern. ^ View alignment options and typical roadway section. ^ Present the three 3~d Street alignment alternatives approved by the City and MDC. ^ Obtain comments from meeting attendees. The City and MDC will advertise and schedule the public open house meeting. The meeting will be attended by the City, MDC, and two Consultant representatives. The Consultant will prepare the display SCOPE OF WORK, BUDGETAND SCHEDULE OCTOBER 1, 2007 3R0 STREET EXTENSION ALIGNMENT STUDY PAGE 3 OF 8 • • boards. A draft copy of the boards will be reviewed by the City and MDC prior to the open house. It is assumed that no more than six presentation boards will be needed for the public open house meeting. A summary of comments received will be prepared by the City and MDC. Deliverables: ^ Display Boards for Public Open House Meeting TASK 3 - ALIGNMENT ALTERNATI~(ES The Consultant will develop three horizontal alignment options for the 3`d Street extension based on existing conditions, comprehensive plans, stakeholder interviews, and agency comments. The alignment options will be developed in close consultation with the City and MpC and based on policies from ACRD, current land uses and proposed and approved developments. The limits of each alignment alternative will start where tie alignment diverges from the existing roadway and end where the alignments connects to the existing roadway. 3.1 Typical Sections: Roadway typical sections will be developed for the 3`~ Street extension. Typical sections will be based on ACHD's Policy Manual, recommendations from ACHD's Transportation and Land Use Integration Plan, and MDC's streetscape guidelines. Because 3`~ Street is not functionally classified, COMPASS forecasts are not available to help determine the roadway lane configuration for the typical sections. As a result, the typical section lane configuration will be based on existing traffic demand and input from stakeholders on future traffic demand. No formal traffic report will be submitted as part of this study. Deliverables: ^ Typical Sections 3.2 Develop Alignment Options: Consultant will develop the following alignment options for the proposed 3`d Street extension: ^ 2'/z Street -Extend 3`d Street from Carlton Avenue to 2 '/ Street and then back to 3`d Street north of Badley Avenue. (As directed by the City and MDC, there is the possibility that 2 '/ Street may be closed near the shopping center at Fairview Avenue in the future so extending 3`d Street to the 2'/2 Street intersection with Fairview Avenue is not being considered.) ^ 3`d Street -Extend 3`d Street north along the existing 3`~ Street bearing from Carlton Avenue to Fairview Avenue. ^ 4th Street -Extend 3`d Street north from Carlton Avenue to 4th Street and then back to 3`d Street north of Badley Avenue SCOPE OF WORK, BUDGETAND SCHEDULE OCTOBER 1, 2007 3RD STREET EXTENSION ALIGNMENT STUDY PAGE 4 OF 8 • • The alignment options will include horizontal alignment information and intersection geometry to the limits of improvements. Roll plots of the alignment options will be prepared and delivered to the City and MDC for review prior to the Public Open House Meeting. Deliverables: ^ Roll Plots of Alignment Alternatives 3.3 Alignment Cost Estimates: The Consultant will prepare a planning level opinion of probable project costs (engineering, right-of--way, construction) for each of the three preliminary alignment alternatives. The cost estimates will be utilized in the alignment analysis and could be used for future project programming and budgeting with appropriate unit cost updates for inflation. ACHD will provide estimates of R/W unit costs. 3.4 Alternative Analysis and Recommendations: Each alignment option will be evaluated based on the following criteria: ^ Alignment cost estimates ^ Agency, stakeholder, property owner, and public input ^ Traffic operations ^ Consideration for adopted plans and active plans The Consultant will present the analysis methodology and recommend a preferred alignment to the City and MDC for review and comment or approval. Comments will be documented and addressed as necessary to finalize the preferred alternative. The survey Subconsultant will perform survey activities described in Task 1.1 for the preferred alignment alternative approved by the City and MDC. Deliverables: ^ Preferred Alignment Alternative 3.5 Alignment Study Report: The Consultant will prepare an Alignment Study Report that will document the study process, the alignment options considered, evaluation criteria, and the preferred alignment alternative approved by the City and MDC. The report will summarize existing conditions, right-of--way impacts, cost estimates, agency and stakeholder input, and outcomes from the property owner and public informational meeting. Exhibits will be included illustrating the alignment options. An electronic copy of the Draft Alignment Study Report will be submitted to the City and MDC for review and approval. The City and MDC will distribute copies of the draft report to the appropriate agencies for their review and comment. Review SCOPE OF WORK, BUDGETAND SCHEDULE OCTOBER 1, 2007 3RD STREET EXTENSION ALIGNMENT STUDY PAGE 5 OF 8 comments will be addressed and documented. One hard copy and one electronic copy of the Final Alignment Study Report will be submitted to the City or MDC. 11" by 17" plans sheets (hard copy, PDF and .dwg format files) of the approved alignment will be prepared and delivered to the City and MDC. Deliverables: ^ Alignment Study Report ^ 11" by 17" Plan Sheets of Recommended Alignment TASK 4 -PROJECT MANAGEMENT 4.1 Project Coordination and Meetings: The Consultant will coordinate with the City, MDC and ACHD. The Consultant will coordinate with project team members and respond to inquiries from agencies. A project kickoff meeting will be conducted that will focus on the project objectives and key success factors. Additional meetings with the City and MDC will be held on an as-needed basis to discuss project status and any outstanding issues. The Consultant will prepare meeting notes for each meeting. 4.2 Project Administration: The Consultant will prepare and submit monthly invoices and status reports and will provide general project oversight and administration. SCOPE OF WORK, BUDGETAND SCHEDULE OCTOBER 1, 2007 3RD STREET EXTENSION ALIGNMENT STUDY PAGE 6 OF 8 i BUDGET Our time and materials reimbursement, not-to-exceed budget is detailed below. LABOR HOURS PE II PEI EIT TOTAL TASK 1 Mapping 1.1 Project Control and RNV 2 2 4 TASK 1 TOTAL 0 2 2 4 TASK 2 Public Involvement 2.1 Stakeholder Involvement 6 8 14 2.2 Public Open House Meeting 6 8 24 38 TASK 2 TOTAL 12 16 24 52 TASK 3 Alignment Alternatives 3.1 Typical Sections 2 6 4 12 3.2 Develop Alignment Options 12 54 24 90 3.3 Alignment Cost Estimates 4 12 8 24 3.4 Alignment Analysis and Recommendations 12 24 36 3.5 Alignment Study Report 16 40 16 72 TASK 3 TOTAL 48 136 52 234 TASK 4 PROJECT MANAGEMENT 4.1 Project Coordination and Meetings 8 12 20 4.2 Project Administration 10 10 TASK 4 TOTAL 18 12 0 30 TOTAL LABOR HOURS 76 166 78 320 BUDGET TOTAL HOURLY TOTAL LABOR HOURS RATE COST PE II 76 $ 104.00 $ 7,904 PEI 166 $ 90.00 $ 14,940 EIT 78 $ 78.00 $ 6,084 TOTAL LABOR 320 $ 28,928 DIRECT EXPENSES Copies/Mounting (Lump Sum Estimate) $ 400 Land Solutions $ 8,425 TOTAL DIRECT EXPENSES $ g,g25 TOTAL BUDGET $ 37,753 SCOPE OF WORK, BUDGETAND SCHEDULE OCTOBER 1, 2007 3RD STREET EXTENSION ALIGNMENT STUDY PAGE 7 OF 8 s> p era I r. ~ ~ ~ ~, ~ e,~' is ~) ra ~ a,~; ~ n. rtp ~ ~ ~ ,., . _ _ _ _~_ EE .... 3 ~~ ~ 3 `~ ., ,~ ~ ~~ ~ -~ ~~~ ~ .~ ~- 3 ~ ~ 3 ~ ~ ~ F 3 ~ ~ ct F ~ ~ 3 ~ 3 ~ ~ 3 .~ ~ ~ ~ ~ i t f ~ ~ ( S 3 3 £ { y..... .~ .......Y Y..._.. .. ._t_... ~ ........ .__..._. a .... _.. _...._ ._ _. ..... ..j._ 8 ~ c,Eg Ad9 ~ ~' ~ ~ ~ ® ~ ~ gory ~ tip; ~ 6A ~ iS4 ,~ ~ ~ ~ ~ N ~.~~, ,_ 3 ~_ ~' ~~ ~ ~~ 3r ~ ..F it '~ i ni 1e ~ E i ~ ! ~, ~; ~~' I I i ~J October 5, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Discussion of Gated Communities October 9, 2007 ITEM NO. ~ AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY Q ) CITY POLICE DEPT: ~ ~J`J ~ v_ CITY FIRE DEPT: ~, (/w ~ v" 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. Page 1 of 1 ~ i Tara Green From: Sharon Smith Sent: Monday, October 01, 200711:10 AM To: Tara Green Cc: Will Berg Subject: FW: Gated Community Follow Up Flag: Follow up Flag Status: Green Attachments: Gated community.doc Tara, For Oct 9th. Thanks!! From: Peggy Gardner Sent: Monday, October 01, 2007 11:06 AM To: Will Berg; Sharon Smith; Tammy de Weerd; Robert Simison; Charlie Rountree; David Zaremba; Joe Borton; Keith Bird Subject: Gated Community I combined all of the comments I have received from staff in regard to Gated Communities. I understand this will be a topic on the Oct. 9, Pre-council Agenda. Please see the attached document. PEGGY GARDNER Administrative Secretary to Mayor Tammy de Weerd City of Meridian Phone 884-2468 ext Zoo 10/5/2007 • From: Ron Anderson Sent: Thursday, August 16, 2007 4:37 PM To: Peggy Gardner; Anna Canning; Len Grady Cc: Robert Simison; ]oe Silva Subject: RE: Gated Community Discussion item Here are a few thoughts on gated communities from my perspective. Gated communities are very popular with seniors and people desiring to live in more upscale developments. For the most part they provide the residences with a sense of security and belonging which is the same thing we attempt to create with our Neighbor Watch & National Night Out programs. On the flip side the gates can cause delays for emergency crews responding to 911 calls and in some cases can even create demographic barriers between upper middle and lower class neighborhoods. Our Mayor and Council have been working very hard to tear down barriers and create a diverse community where everyone from the first time home buyer to the retired executive can live, work and raise their families. There are provisions in the Fire Code that allow the fire department to require all gates to be accessed in a similar manner; examples are; siren activation, Optimcom activated, universal key, or keypad security systems. Each one of these has its own set of drawbacks, for example Opticom is only used by fire and EMS agencies and requires expensive equipment be installed on both the gate and each emergency response vehicle. Siren activation is discouraged because it requires the use of sirens in the middle of the night when responding to medical calls which wakes surrounding neighbors and can potentially increases the anxiety in cardiac patients. Keypads and Keyed system as you can imagine are difficult to maintain as codes must be changed constantly to maintain the security and keeping track of the many code numbers is next to impossible, Keys are difficult to maintain and must also be changed occasionally for security reasons and can become lost. In many cases emergency responders have to drive through several subdivisions to get to the address where they are going, if each subdivision were allowed to have gates we would have to stop at the entry into each subdivision to open gates before proceeding which is not practical for emergency vehicles or delivery trucks. If we look at our current philosophies of creating neighborhoods that encourage connectivity and walk-a-bility the gated communities are not a • • good fit. As an example my wife and I were out walking the other night around the subdivisions that surround the Lakes at Cherry Lane and as we walked through the subdivisions we encountered a couple of neighborhoods that our access was completely blocked by locked gates., is that the kind of neighborly friendly subdivisions we want to allow. I would submit that if Meridian has become a community where the only way that people can feel safe is to be locked behind a large steel gate, than it's time for a change. Again these are my thoughts only and I would love to hear yours Sincerely Ron L Anderson Fire Chief Meridian Fire Department (208) 888-1234 • From: Anna Canning Sent: Monday, August 20, 2007 11:16 AM To: Tammy de Weerd; Joe Borton Cc: Robert Simison; Joe Silva; Len Grady; Ron Anderson; Peggy Gardner Subject: RE: Gated Community Discussion item Dear Mayor and Joe, Ron did an excellent job detailing the concerns associated with gated streets. In support of those concerns, I would like to provide information on specific Comprehensive Plan policies and zoning ordinance standards that conflict with the concept of gated streets as well. There are several comprehensive plan policies that specifically call out for an interconnected pedestrian pathway system throughout the City. They are: Chapter V Goal I Objective A Action 2. Identify feasible interconnected greenbelt areas along waterways, railroad, etc. Chapter VI Goal II Objective A Action S. Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Chapter VII Goal IV Objective CAction 6. Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. As Ron pointed out, gated residential developments not only disrupt the vehicular connections, but also the pedestrian connections. There are also a several comprehensive plan policies that address an interconnected street or drive aisle system. They are: Chapter VI Goal II Objective A Action 6. Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Chapter VI Goal II Objective A Action 13. Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. Chapter VI Goal II Objective A Action 12. Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets. Chapter VII Goal IV Objective D Action 2. Restrict curb cuts and access points on collectors and arterial streets. We work very hard to ensure proper connections between subdivisions so that cars and bicyclists and walkers are not forced onto the arterial street system to travel within their neighborhood. I am concemed that it will be difficult to insist on stub streets while other developments are allowed to completely gate off the street system. With regard to the zoning ordinance, there are two specific provisions that apply to gated streets. The primary issue is in regard to private streets. ACHD will not maintain gated streets, therefore they must be private. The purpose statement for private streets is as follows: The regulations of this article are intended to provide better circulation and safety within commercial, industrial, mew, and multi family developments by establishing a clear emergency vehicle travel lane and private street name addressing for properties that do not have internal public roads. It is not the intent to approve private streets for single family, duplex and/or townhouse developments other than those that create a common mew through the site design. Because mew developments depend on a mix of public and private streets, they would not be a candidate for a gated residential development. (Please note that we added private streets for mew developments because there was not an appropriate ACRD street section to accomplish that development pattern. The ACHD Commission will consider a new minor local street section that is specifically designed to accommodate such a pattern. Staff will likely recommend that the private street allowance for mew developments be removed once ACHD has an appropriate street standard.) Therefore, the only possible pattem under our current standards would be for amulti- familydevelopment. Ihave concerns about allowing private streets under more circumstances. Typically, private streets are not as well-maintained over time as public streets. In Boise and Garden City, private streets have become a blight problem in many smaller residential developments. The private streets are very expensive to maintain and can be a huge burden to smaller developments. Furthermore, the private street standards specifically state: Gates or other obstacles shall not be allowed. Obviously, the latter standard would need to be removed before any gated communities would be possible. Please consider that this would allow any private street development-largely multi-family apartment complexes-to place a gate at the entrance. To summarize, I am very concerned about making a move to allow gated streets. My primary concern is that it will lead to a circulation that forces vehicle and pedestrian trips onto the arterial and collector roadway system. Secondarily, I feel it creates a community of enclaves rather than of inclusiveness. I feel that the standards for allowing gated communities will be difficult to administer and will allow gates where they really are not appropriate. Thirdly, I feel that the necessary changes to the private street standards will allow more residential private streets and more blighted areas once those private streets deteriorate and are too expensive for the homeowners to maintain. Anna From: Len Grady Sent: Monday, August 20, 2007 11:32 AM To: Peggy Gardner; Anna Canning; Ron Anderson Cc: Robert Simison Subject: RE: Gated Community Discussion item As long as PW has 24/7 access to the water and sewer lines, we have not other concerns. Len L.J August 27, 2007 u TO: Chief Bill Musser FROM: Lt. John A. Overton RE: Gated Communities: Pros, Cons, and impacts of CPTED Chief, The following is taken out of articles related to the above topic. These are not my own words but taken from articles that I have read, summarized and have copies of. history: The history of gated communities goes back to the Middle Ages and the Renaissance, and providing gated enclaves for the King and their families and loyal followers. It provided them with security during times of siege. Types: There are three well known types of gated communities; lifestyle communities, elite communities, and security zone communities. All of them are designed to keep the criminal element or just the unwanted out. The type of gated communities we are most apt to see in our area is the lifestyle communities where they are simply trying to keep. everyone else out and enjoy the amenities of their private community without outside interruptions or distractions. Security: Although many of these gated communities have only the gates to keep them private, some of them also hire security services and have guards monitoring the premise 24 hours each day. This tends to be more prevalent in the elite and security zone communities than in the lifestyle communities. These additional security items can really increase the costs of living in some gated communities. Many of these communities also must maintain there own streets, parks, recreation, and garbage collection. Statistics: Since 1992 these gated style of communities are being built at a record pace across the country. In many cases it is strong marketing of keeping your family safe and building a strong interior community that attract many families. As much as 15% of new homes in the south are being built in gated communities compared to 10% in the west. In the northern United States the rate is much lower at 3% of overall new homes. Pros: Many people do feel safer living in a gated community. Their perception in a gated community in San Antonio, Texas is that they feel safe even when they are alone, and they feel safe even leaving their kids home along inside the walls where they wouldn't outside. They feel a "sense" of safety that they never felt on the outside. Another purported benefit of the gated communities is a stronger sense of community on the inside. Along with that comes the automatic reduction in traffic throughout the neighborhood. They can let their children play in the street. On the financial side, real estate experts estimate that gated communities in the same general area are worth $50,000 more than the equivalent property outside. Cons: It is believed that they are destroying our sense of community by walling themselves off from the rest of the community. A mixed open society is needed for a strong social and political democracy. The gated community does not promote an open society and fosters segregation. It is causing much greater divides between the haves and the have-nots where your socio economic status determines your ability to live inside the gates. Do they work?: They are marketed as being able to keep crime rates down. In reality they at most marginally affect the crime rate for those that live on the inside. While the immediate crime rates are reduced, over time it is only a marginal reduction in the overall rate. Burglary rates only tend to drop for the first year then tend to rise back to the same rates as on the outside of the gated community. It is also believed quite strongly (and I believe as well) that those who live in a gated community live in a false sense of security. The marketing gimmick only works until all of the pizza and other food delivery drivers have the code to get inside. Even in the most secure communities, they tend to be trusting there security to a $9 - $10 and hour security guard. There is also the hindrance that they can cause to public safety emergency vehicles trying to get in to the gated area. In areas around the country with large amounts of these gated communities, the fire trucks must carry around a briefcase full of access keys and codes to get in, increasing the possibility of delayed response to serious safety of medical issues. Neighborhood Watch: Many people are abandoning the stand by neighborhood watch programs for the gated communities. In most cases, the neighborhood watch can be just as safe as the gated community. CPTED: A very effective method for reducing the opportunity for crime is through environmental design. While this is stressed for non-gated communities, it is a very effective tool for reducing the rate of crime in certain neighborhoods. When coupled with a strong neighborhood watch program it has every chance of reducing the crime rate as much as being in a gated community if not more, especially in the long term. With that being said, there are five main elements of CPTED with one of those being access control too which gated communities are an excellent example. Summary: Gated communities are not anti CPTED but an element of CPTED. They are not the answer to being a victim of crime and do not replace a sense of community, or being a responsible andnosey neighbor and being active with a neighborhood watch program. August 27, 2007 From Melissa Delaney: Gated communities are basically examples of the castle mentality where they turn their backs on the neighborhood surrounding them, rather than joining with them to strengthen the entire community. CPTED practitioners do not support that model because it creates little islands separate from the whole. Gated communities are a type of common interest development, but are distinct from intentional communities. In some contemporary views the concept of gated communities can exhibit a pattern of class segregation by building fences, cutting off relationships with neighbors, and removing themselves to any city wide internal problems and conflicts. To some the gated communities and their use of (and enforcement of) CC&R's are instituting an extreme expression of the American dream. In southern Los Angeles 30% of new home market is focused on gated communities and in fact, gated communities have seen a greater increase in property values, most likely because of the sort of self selection of residents and the exclusion of others. Real estate developers build gated communities to appeal to buyers' desire for security and prestige. Do gated communities provide absolute safety and security? That would depend on how the gated community fortifies itself. Many CPTED practitioners criticize gated communities because they offer a false sense of security, more of an illusion than reality. National crime statistics show that gated communities have no less crime than non- gated neighborhoods. [1] Also of concern is the impairment of bicycle and pedestrian connectivity by gated communities. To many CPTED practitioners if you use many of the design principals of CPTED you can achieve the same effect of gated properties. One could argue that physical segregation is not always necessary to create defensible space, that is, to establish control over a particular space. One could use symbolic barriers to obtain the same effect. Consideration by the developer / builder / city should be given to using the strategy of creating defensible space. One example of a successful gated community is the Five Oaks neighborhood of Dayton, Ohio. This was at one time a white middle class neighborhood, soon the demographics changed and crime began to creep into the neighborhoods. To credit the city, planners (working with residents came up with a solution to curb criminal activity) by increasing the risk for criminals entering the area. They divided the neighborhood into 10 mini-neighborhoods, with one portals entrance into each neighborhood with attractive brick pillars. Other streets were blocked off by iron gates hung on brick piers. These gates could be unlocked to provide access to emergency and maintenance vehicles. Internal streets would become cul-de-sacs, and openings at the sides of the gates would permit free access to pedestrians. This drastic but effective plan did bring crime down in the area. [2] However, we aren't talking about that type of application here in Meridian. I would surmise that the application here would be more in line of creating an exclusive area, separate from the rest of the community. • • Although, speaking for myself I am not necessary a supporter of a gated community concept, I can see the attraction of that concept to many - even if it is flawed. 1. Blakely, E.J. and M.G. Snyder (1998) "Separate places: Crime and security in gated communities." In M. Felson and R.B. Peiser (eds), Reducing crime through real estate development and management, pp. 53- 70. Washington D.C. Urban Lane Institute 2. Cisneros, Henry G, Secretary of Housing and Urban Development "Defensible Space: Deterring Crime and Building Community" pp. 16-20 -----Original Message----- From: Bob Stowe To: Jeff Lavey Sent: Tue Aug 28 09:46:26 2007 Subject: RE: Gated Community Discussion item Captain Lavey, I agree with Chief Anderson's assessment of gated communities. I would also add that from a police perspective, closed gates present obstacles that can prevent delays in our response to emergencies as we have unique problems different from the fire department. The police department has more vehicles and personnel that require knowledge of the codes or means of access which is problematic. Our officers usually work in one-man cars therefore do not have someone that can look up a code before arriving on scene, so they must stop, look up the code, and enter it properly. If it is siren activated, another problem is that would announce our presence at a time when we may not want a suspect knowing we are on scene. The other options given by Chief Anderson are expensive and not necessarily practical for police vehicles. We have more than just our marked patrol cars, such as unmarked (detective and administrative) cars and motorcycles that also respond to emergencies. Another issue is that if a community is gated it will not receive the patrol presence that other neighborhoods do. A physical barrier is also a mental barrier, even if it is only sub-consciously so officers will be less likely to enter the community. The gated communities do provide a sense of security to the residents, however the most successful one have had guards at the gates and a private security service.. My personal opinion as a police officer, without repeating what Chief Anderson has said, is that I am opposed to them in Meridian. Lt. Bob Stowe Meridian Police Dept. (208) 846-7338 • o~ CD _. C. 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V ~. ~~ ~ `A, `~ " i (^~) O c 3 v • ~ ~ ~ ~ ~t ~ C~ ~ ~ ~- CD ~ ~ ~ ~ +~ ~ ~ ~ ~ CD cD ~+ ~ CIS t'_ ~ ~ ~ ~ Ci) r-" ~ ~ ~ ~ `C ~ C~ ~ : ~ ~- ~• o ~ ~ r ~ 4 ~ n ~ `'~ ~ ~ ~. ~~ ~ n ~ - ~ -_ ~ -~, ~ ~ ~ CD ~ ~ w ~ ~ ~ '~ ~ C7 "h ~D ~ ~ ~+ ~ ~ cD - tD .. ~. ~. ~ ~ ~ O ~ Q ~ ~, ~ ~ ~ ~ tD t'D ~, 1• _ CD ~- ~` ~--~_ O O ~ ~ ~ ~ ~ ~ .~, ~ CD p O. .~ • October 5, 2007 MERIDIAN CITY COUNCIL MEETING October 9, 2007 APPLICANT ITEM NO. !~ REQUEST Review of Personal Services Contracts for Inspection Services in the Building Department AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See a#tached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: r~ v ~~ CITY PARKS DEPT: G~ ~ ~ 1 ' MERIDIAN SCHOOL DISTRICT: ~ e G~I WAY DISTRICT: ADA COUNTY HIGH /q (// SANITARY SERVICE COMPANY v ~/ CENTRAL DISTRICT HEALTH: ~/U~ ~ NAMPA MERIDIAN IRRIGATION: r~ V 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. • October 5, 2007 MERIDIAN CITY COUNCIL MEETING October 9, 2007 APPLICANT ITEM NO. ~ ~ REQUEST Discussion of Proposed Changes to the Private Security License Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See afFached 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 tha City of Meridian. ! • CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 3, CHAPTER 8, SECTION 4 QUALIFICATIONS FOR S PRIVATE 5ECURTY LICENSE; MERIDIAN CITY CODE, WITHIN THE CITY OF MERIDIAN; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 8, Section 4 of the Meridian City Code be amended as follows: 3-8-4: QUALIFICATIONS: No person shall be issued a license who: A. Is not over eighteen (18) years of age. B. Has been convicted, paid a rty fine, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear for, or completed any sentence of confinement for any feleay~ misdemeanor charge, except for crimes involving firearms, battery, or domestic violence, within three (3) years prior to the date of making application for such license; provided; that neither offenses regulating the operation and licensing of vehicles-a~ l~s, other than driving while under the influence of ' substance and/or reckless driving, nor violations offish and~ame laws, shall ~ be grounds for disqualification. Any time sgent incarcerated for the disqualif >~ing offense shall toll the three (3) year period. Exoneration from a misdemeanor charge within three (3 years prior to the date of application shall not be considered as a disqualification for this license. C. Has been convicted, paid a fine, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear for, or completed any sentence of confinement for any misdemeanor charge for crimes involving firearms, battery, or domestic violence, within five (5) years prior to the date of making application for such license. Any time spent incarcerated for the disqualifying offense shall toll the five (5) year period. Exoneration from the charge within five (5) years prior to the date of application shall not be considered as a disqualification for this license. • • D. Has been convicted paid a fine been placed on probation received a deferred sentence, received a withheld iud~ment suffered the forfeiture of a bond for failure to appear for, or completed anv sentence of confinement for anv felony offense in this state or any other state m the applicant's lifetime Exoneration from a felony charge shall not be considered as a disqualification for this license • ~ Page 1 of 1 Will Berg From: Sharon Smith Sent: Tuesday, October 02, 2007 11:27 AM To: Will Berg; Tara Green Subject: FW: privatesecuritylicense.qualifications.2007 For the sake of not having an attachment sent to you Will, here is the cut/paste on this. Thanks. Section 1. That Title 3, Chapter 8, Section 4 of the Meridian City Code be amended as follows: 3-5-4: QUALIFICATIONS: No person shall be issued a license who: A. Is not over eighteen (18) years of age. B. Has been convicted, paid any fine, placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear or complete any sentence of confinement for any ~ele~-er misdemeanor within three (3) years prior to the date of making application; provided, that offenses regulating the operation and licensing of vehicles and fish and game laws, other than driving while under the influence of intoxicating beverages and reckless driving, shall not be grounds for disqualification. C. Has been convicted, paid any fine, placed on probation, received a deferred sentence, received a withheld judQanent, suffered the forfeiture of a bond for failure to appear or complete any sentence of confinement for any felony offense in this state or any other state in the applicant's lifetime. D. If the applicant was exonerated for the felony offense it shall not be considered as a disqualification for this license. E. Any time spent incarcerated for the disqualifying offense shall toll the three (~ vear period in Section A of this ordinance. From: Bill Nary Sent: Tuesday, October 02, 2007 11:20 AM To: Emily Kane; Sharon Smith; Bob Stowe Subject: privatesecuritylicense.qualifications.2007 The Council asked to review an amendment to this section at the October 9th meeting. Is this adequate? 10/4/2007 • • Page 1 of 1 Will Berg From: Bill Nary Sent: Tuesday, October 02, 2007 11:21 AM To: Will Berg Cc: Michelle Albertson Subject: FW: privatesecuritylicense.qualifications.2007 Attachments: privatesecuritylicense.qualifications.2007.doc The council asked for an amendment to this ordinance for discussion on the 9th. I already sent to Sharon and Stowe. Bill Nary City Attorney/HR Director City ofMeridian 703 Main Street Meridian, ID 83642 208.898.5506 or 208.898 5503 (office) 208.884.8723 (fax) From: Bill Nary Sent: Tuesday, October 02, 2007 11:20 AM To: Emily Kane; Sharon Smith; Bob Stowe Subject: privatesecuritylicense.qualifications.2007 The Council asked to review an amendment to this section at the October 9th meeting. Is this adequate? 10/4/2007 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 3, CHAPTER 8, SECTION 4 QUALIFICATIONS FOR S PRIVATE SECURTY LICENSE; MERIDIAN CITY CODE, WITHIN THE CITY OF MERIDIAN; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 8, Section 4 of the Meridian City Code be amended as follows: 3-8-4: QUALIFICATIONS: No person shall be issued a license who: A. Is not over eighteen (18) years of age. B. Has been convicted, paid any fine, placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear or complete any sentence of confinement for any f~ler~ry~ misdemeanor within three (3) years prior to the date of making application; provided, that offenses regulating the operation and licensing of vehicles and fish and game laws, other than driving while under the influence of intoxicating beverages and reckless driving, shall not be grounds for disqualification. C. Has been convicted ain d any fine placed on probation received a deferred sentence received a withheld judgment, suffered the forfeiture of a bond for failure to ap ep ar or complete any sentence of confinement for any felony offense in this state or any other state in the applicant's lifetime. D. If the applicant was exonerated for the felony offense it shall not be considered as a disqualification for this license. E. Anv time spent incarcerated for the disqualifying offense shall toll the three (3) year period in Section A of this ordinance. Will Berg From: Sharon Smith Sent: Wednesday, October 03, 2007 4:05 PM To: Will Berg; Tara Green Subject: FW: privatesecuritylicense.qualifications.2007 comments From: Bob Stowe Sent: Wednesday, October 03, 2007 4:03 PM To: Bill Nary; Emily Kane; Sharon Smith Subject: RE: privatesecuritylicense.qualifications.2007 • Page 1 of 2 I'm thinking at least 5 years. These people aren't police officers but some may carry firearms (domestic violence would be a prohibition to carry) so I think we aren't unreasonable. Lt Bob Stowe Mer/d/an Po/%e Dept (208) 84!'x7338 From: Bill Nary Sent: Wednesday, October 03, 2007 3:45 PM To: Bob Stowe; Emily Kane; Sharon Smith Subject: RE: privatesecuritylicense.qualifications.2007 Maybe we identify firearms and domestic violence convictions and give them a longer exclusionary period. It would seem reasonable to me that we would want further distance from those serious misdemeanors. Maybe 5, 7, or 10 years. Bill Nary City Attorney/~-iR Director Ci[y ofMeridian 703 Main Street Meridian, ID 8362 208.898.5506 or 208.898503 (office) 208.884.8723 [fad From: Bob Stowe Sent: Wednesday, October 03, 2007 8:23 AM To: Bill Nary; Emily Kane; Sharon Smith Subject: RE: privatesecuritylicense.qualifications.2007 I am trying to see into the future for any loopholes, but what do think about certain misdemeanors such as convictions that include violence or weapons? Lt. Bob Stowe McNd/an Po/Ice Dept (208) 848-7338 From: Bill Nary 10/4/2007 .' • ~ Page 2 of 2 Sent: Tuesday, October 02, 2007 11:20 AM To: Emily Kane; Sharon Smith; Bob Stowe Subject: privatesecuritylicense.qualifications.2007 The Council asked to review an amendment to this section at the October 9th meeting. Is this adequate? 10/4/2007 • Page 1 of 1 Will Berg From: Bill Nary Sent: Thursday, October 04, 2007 9:44 AM To: Will Berg; Bob Stowe; Sharon Smith; Emily Kane Subject: privatesecuritylicense qualifications 2007.draft2 Attachments: privatesecuritylicense qualifications 2007.draft2.doc Here is the draft again. 10/4/2007 • • CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 3, CHAPTER 8, SECTION 4 QUALIFICATIONS FOR S PRIVATE 5ECURTY LICENSE; MERIDIAN CITY CODE, WITHIN THE CITY OF MERIDIAN; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 8, Section 4 of the Meridian City Code be amended as follows: 3-8-4: QUALIFICATIONS: No person shall be issued a license who: A. Is not over eighteen (18) years of age. B. Has been convicted, paid a ~y fine, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear for, or completed any sentence of confinement for any ~e~ misdemeanor charge, except for crimes involving firearms, battery, or domestic violence, within three (3) years prior to the date of making application for such license; provided; that neither offenses regulating the operation and licensing of vehicles-a• 1-aws, other than driving while under the influence of ' substance and/or reckless driving, nor violations offish and game laws, shall ~ be grounds for disqualification. Any time spent incarcerated for the disqualifying offense shall toll the three (3) year period. Exoneration from a misdemeanor char within three (3) years prior to the date of application shall not be considered as a disqualification for this license. C. Has been convicted, paid a fine, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear for, or completed any sentence of confinement for any misdemeanor charge for crimes involving firearms, battery, or domestic violence, within five (5) years prior to the date of making application for such license. Any time spent incarcerated for the disqualifying offense shall toll the five (Swear period Exoneration from the charge within five (5) years prior to the date of application shall not be considered as a disqualification for this license. • D. Has been convicted, paid a fine, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear for, or completed anv sentence of confinement for any felony offense in this state or any other state in the applicant's lifetime. Exoneration from a felony charge shall not be considered as a disqualification for this license. . ~ Page 1 of 1 Will Berg From: Bob Stowe Sent: Thursday, October 04, 2007 3:20 PM To: Bill Nary; Will Berg; Sharon Smith; Emily Kane Subject: RE: privatesecuritylicense qualifications 2007.draft2 Looks good to me. Thanks Bill Lt. Bob Stowe Mer/d/an Po/%e Dept (208) 84lr7338 From: Bill Nary Sent: Thursday, October 04, 2007 9:44 AM To: Will Berg; Bob Stowe; Sharon Smith; Emily Kane Subject: privatesecuritylicense qualifications 2007.draft2 Here is the draft again. 10/5/2007 Page 1 of 1 Will Berg From: Bill Nary Sent: Friday, October 05, 2007 9:16 AM To: Tara Green; Will Berg; Sharon Smith Subject: For 10/9 workshop discussion Attachments: privatesecuritylicense qualifications 2007.draft2.doc; directorsbenefits.amd.2007.doc; trave1.2007.doc Bill Nary City Attorney/HR Director City ofMetidian 703 Main Street Meridian, ID 83642 208.898.5506 or 208.898-5503 (office) 208.884.8723 (fax) 10/5/2007 . ~ Page 1 of 1 Will Berg From: Sharon Smith Sent: Friday, October 05, 2007 9:27 AM To: Bob Stowe; Bill Nary; Will Berg; Emily Kane Subject: RE: privatesecuritylicense qualifications 2007.draft2 Does this same situation exist in our other license code sections? Should we be amending them all rather than one at a time? 10/5/2007 . ~ Page 1 of 1 Will Berg From: Bill Nary Sent: Friday, October 05, 2007 9:28 AM To: Sharon Smith; Bob Stowe; Will Berg; Emily Kane Subject: RE: privatesecuritylicense qualifications 2007.draft2 Maybe you could identify which ones and then maybe we could ask the Council on Tuesday and get that direction. Bill Nary City Atzorney/HR Director City of Meridia~i 703 Main Street Meridian, ID 8362 208.898.5506 or 208.898,5503 (office) 208.884.8723 (fax) From: Sharon Smith Sent: Friday, October O5, 2007 9:27 AM To: Bob Stowe; Bill Nary; Will Berg; Emily Kane Subject: ItE: privatesecuritylicense qualifications 2007.draft2 Does this same situation exist in our other license code sections? Should we be amending them all rather than one at a time? 10/5/2007 Will Berg From: Sharon Smith Sent: Friday, October 05, 2007 9:28 AM To: Will Berg; Tara Green; Sheree Finch Subject: FW: privatesecuritylicense qualifications 2007.draft2 So we won't be getting any license approvals back next week........ -----Original Message----- From: Bob Stowe Sent: Friday, October 05, 2007 9:27 AM To: Sharon Smith Subject: Out of Office AutoReply: privatesecuritylicense qualifications 2007.draft2 I will return on Monday, October 15, 2007. 1 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 3, CHAPTER 8, SECTION 4 QUALIFICATIONS FOR S PRIVATE SECURTY LICENSE; MERIDIAN CITY CODE, WITHIN THE CITY OF MERIDIAN; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVII)ING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 8, Section 4 of the Meridian City Code be amended as follows: 3-8-4: QUALIFICATIONS: No person shall be issued a license who: A. Is not over eighteen (18) yeazs of age. B. Has been convicted, paid a ~ fine, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appeaz for, or completed any sentence of confinement for any €elen3+~ misdemeanor chazae, except for crimes involving firearms battery, or domestic violence, within three (3) yeazs prior to the date of making application for such license; provided; that neither offenses regulating the operation and licensing of vehicles l~s, other than driving while under the influence of ~r+°°~°~~~„~-''°~~°~' '-°~ substance and/or reckless driving, nor violations offish and game laws, shall ~ be grounds for disqualification. Any time spent incazcerated for the. disquali ing offense shall toll the three 3 veaz period. Exoneration from a misdemeanor chazae within three 3 yeazs prior to the date of application shall not be considered as a disqualification for this license. C. Has been convicted, paid a fine, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appeaz for, or completed any sentence of confinement for any misdemeanor charge for crimes involving fireazms, battery, or domestic violence, within five (5) years prior to the date of making application for such license. Any time spent incazcerated for the disqualif~g offense shall toll the five (S~yeaz period. Exoneration from the chazge within five~5) yeazs prior to the date of application shall not be considered as a disqualification for this license. • D. Has been convicted, paid a fine, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear for, or completed any sentence of confinement for an,, fly offense in this state or an_y other state in the applicant's lifetime. Exoneration from a felony charge shall not be considered as a disqualification for this license. L J i October 5, 2007 MERIDIAN CITY COUNCIL MEETING October 9, 2007 APPLICANT ITEM NO. '~ "~ REQUEST Discussion of Proposed Changes to Parking Ordinance AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached ~~ Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, SECTION 5 SCHOOL AND CITY PROPERTY; REPEALING TITLE 7, CHAPTER 2, SECTION 6 EXTENDED PARKING PROHIBITED; AMENDING TITLE 7, CHAPTER 2, SECTION 8, MERIDIAN CITY CODE, REGARDING PARING ON PUBLIC STREETS, OR PUBLIC PROPERTY WITHIN THE CITY OF MERIDIAN; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 7, Chapter 1, Section 5 of the Meridian City Code is hereby amended to the following: 7-1-5: SCHOOL AND CITY PROPERTY: It shall be illegal for any person to operate, ride, or stop erg any bicycle, vehicle or animal on any property owned, rented or used by any school district or any property owned, rented or used by the city, contrary to any sign or marking erected and intended to control, direct or restrict the movement, stopping, or standing e~ of any bicycle, vehicle or animal. Section 1. That Title 7, Chapter 1, Section 5 of the Meridian City Code be repealed. N~ nnr-cnn ~ 11 1 1.,' 1 ~i.,.oe~ „11,.x, ,. .,...t1:.. r ~__..__ r__ _ _ ~ _ r r r uYvu ° , -- ---- .,......a~) . •~ v t ~ . Section 3: That Title 7, Chapter 2, Section 8, Meridian City Code is hereby amended to read as follows: 7-2-8: PARKING ON PUBLIC STREETS OR PUBLIC PROPERTY In addition to any other parking requirements and/or prohibitions found in this Code the following shall be required: A. Vehicles or trailers that must be removed from aublic streets or public aroperty within two (2) hours unless otherwise ezeffiated by this ordinance• PARKING ON STREETS, ALLEYS, AND PUBLIC PROPERTY -1 • No person shall park or place, or cause to be parked or placed, any of the following vehicles or trailers in or u on any public street or public proms ,regardless of whether such vehicle or trailer is attended or unattended, for a period in excess of two 2 hours: 1. Any vehicle, either motorized or unmotorized, having a gross vehicle weight (GVVV) capacity in excess of twelve thousand (12,000) pounds, except those that are specifically enumerated in sub-section 7-2-8 (B~ or 2. Any trailer1 regardless of type, that is not attached to a vehicle, or Z A«,......,~.,,.1..,,«o ,.,.,1,;101,.,.,.,0 e„~:,,„„1 „el~;.,lo o;~l+a.-,++,.E..,-:~o.l „ . , , " o , ~~~~~~ 4 3. Any vehicle designed or used primarily as farm or construction equipment. B. Vehicles or trailers that must be removed from aublic streets within seventy- two (72) hours• No person shall park or place, or cause to be parked or placed, any of the following vehicles or trailers in or upon any public street or public prosy, regardless of whether such vehicle or trailer is attended or unattended, for a period in excess of seventy-two (72, hours: 1. Any vehicle, includingbut not limited to a paSSeri~er car, truck, or commercial vehicle, with a GVW of less than twelve thousand (12,000)~ounds: or 2. Any motor home, mobile home, or recreational vehicle, either motorized or unmotorized. Notwithstanding any provision of this ordinance, no person shall, at any time, sleep in, or allow any person to sleep in, anv motor home, mobile home, or recreational vehicle, either motorized or unmotorized. 3. Any trailer that is attached to a vehicle. C. Vehicles or trailers that must be removed from uublic property within two (2) hours No person shall arp k or place in or upon or public property, regardless of whether such vehicle or trailer is attended or unattended, and regardless of whether the owner of such pro >l ertY has conveyed permission to do so, for a period in excess of two (2) hours: PARKING ON STREETS, ALLEYS, AND PUBLIC PROPERTY - 2 • • 1. Any motor home, mobile home, or recreational vehicle, either motorized or unmotorized. Notwithstanding andprovision of this ordinance, no person shall, at any time, sleep in, or allow any person to sleep in, any motor home, mobile home, or recreational vehicle, either motorized or unmotorized, that is parked or placed in or upon public prosy.. 2. Any trailer that is attached to a vehicle. D. Vehicles or trailers that must be removed from aublic urouerty aursuant to Hosted signage• No person shall park or place, or cause to be parked or placed, any of the following vehicles or trailers in or upon any public ~ro~ertY regardless of whether such vehicle or trailer is attended or unattended, contrary to any sign or marking erected and intended to control, direct or restrict the stopping, standing or parking of any vehicle or trailer l~: E. Time Limit: At the expiration of the respective time limit set forth in subsections A, B, C, and D of this section, the vehicle or trailer shall be removed from the block or location, or farther than five hundred feet (500'), whichever is farther, from the streety, or public property in or upon which it was p~~~parked within the immediately preceding applicable time limit for a minimum of twenty-four (24) hours. ' ~~. F_ Exceptions: The provisions of subsections A, B, C and D of this section shall not apply when a vehicle is parked: 1. For the purpose of loading or unloading posses; materials, or merchandise when such ~ materials or merchandise are actually being loaded or unloaded; ~. 2. For any purpose incident to any ongoing, lawful construction project, where such construction project is conducted under a valid City of Meridian building_permit and is located within one hundred feet (100') of such construction project; ~. 3. For any purpose incident to a lawful commercial or industrial operation located in any residential area and conducted under a valid conditional use permit or other such valid permit issued by the City of Meridian and so long as such vehicle or trailer is parked within one hundred feet (100') of such commercial or industrial operation. ~. 4. Any vehicle owned by a public utility, entity, or agency that is visibly marked and identified as such and used in the response to emergencies. PARKING ON STREETS, ALLEYS, AND PUBLIC PROPERTY - 3 5. Any vehicle or trailer parked in a City Park during its hours of operation or with the specific permission as allowed by Ordinance. Section 2: That pursuant to the affirmative vote ofone-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 , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2007. MAYOR ATTEST: CITY CLERK PARKING ON STREETS, ALLEYS, AND PUBLIC PROPERTY - 4 Page 1 of 1 ~~ Will Berg From: Bill Nary Sent: Friday, October 05, 2007 9:16 AM To: Tara Green; Will Berg; Sharon Smith Subject: For 10/9 workshop discussion Attachments: privatesecuritylicense qualifications 2007.draft2.doc; directorsbenefits.amd.2007.doc; trave1.2007.doc Bill Nary City Atzorney/HR Director City ofMeridian 703 Main Street Meridian, ID 83642 208.898.5506 or 208.898503 (office) 208.884.8723 (fax) 10/5/2007 ~~ CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, SECTION 5 SCHOOL AND CITY PROPERTY; REPEALING TITLE 7, CHAPTER 2, SECTION 6 EXTENDED PARHING PROHIBITED; AMENDING TITLE 7, CHAPTER 2, SECTION 8, MERIDIAN CITY CODE, REGARDING PARHING ON PUBLIC STREETS, OR PUBLIC PROPERTY WITHIN THE CITY OF MERIDIAN; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 7, Chapter 1, Section 5 of the Meridian City Code is hereby amended to the following: 7-1-5: SCHOOL AND CITY PROPERTY: It shall be illegal for any person to operate, ride, or stop er~ar~ any bicycle, vehicle or animal on any property owned, rented or used by any school district or any property owned, rented or used by the city, contrary to any sign or marking erected and intended to control, direct or restrict the movement, stopping, or standing e~gar~g of any bicycle, vehicle or animal. Section 1. That Title 7, Chapter 1, Section 5 of the Meridian City Code be repealed. RT 1. 11 1 1,' 1 o4.~a ~ 11 1.1' ®.+, ~f a ? Section 3: That Title 7, Chapter 2, Section 8, Meridian City Code is hereby amended to read as follows: 7-2-8: PARHING ON PUBLIC STREETS OR PUBLIC PROPERTY In addition to any other parking re~,uirements and/or prohibitions found in this Code the following shall be re uq fired: A. Vehicles or trailers that must be removed from public streets or public property within two (2) hours unless otherwise ezempted by this ordinance• • PARKING ON STREETS, ALLEYS, AND PUBLIC PROPERTY -1 No person shall park or place, or cause to be parked or placed, any of the following vehicles or trailers in or upon any public street or public ~roperty, regardless of whether such vehicle or trailer is attended or unattended, for a period in excess of two 2 hours: 1. Any vehicle, either motorized or unmotorized, having a gross vehicle weight (GVW) capacity in excess of twelve thousand (12,000) pounds, except those that are specifically enumerated in sub-section 7-2-8 (B)(2); or 2. Any trailer, regardless of type, that is not attached to a vehicle, or ~~ ar`,y'-ziivt9r 1.., o~ ,,,.,1.;101.,. ~~ „ ~•»-°scti~6~ci~~cnaxcrmvtrniz~vi ~rs~neter3~~~ 4. 3. Any vehicle designed or used primarily as farm or construction equipment. B. Vehicles or trailers that must be removed from public streets within seventy- two (72) hours No person shall park or place, or cause to be parked or placed, anv of the following vehicles or trailers in or u op n any public street or up blic ~ro~y, regardless of whether such vehicle or trailer is attended or unattended, for a period in excess of seventy-two (72 hours: 1. Any vehicle, including but not limited to a passenger car, truck, or commercial vehicle, with a GVW of less than twelve thousand (12,000) pounds; or 2. Any motor home, mobile home, or recreational vehicle, either motorized or unmotorized. Notwithstanding anYprovision of this ordinance, no person shall, at any time sleep in or allow anYperson to sleep in, any motor home, mobile home, or recreational vehicle, either motorized or unmotorized. 3. Any trailer that is attached to a vehicle. C. Vehicles or trailers that must be removed from public property within two (2) hours No person shall arp k or place in or upon or up blic property, regardless of whether such vehicle or trailer is attended or unattended, and regardless of whether the owner of such property has conveyed permission to do so, for a period in excess of two (2) hours: PARKING ON STREETS, ALLEYS, AND PUBLIC PROPERTY - 2 1 Any motor home mobile home or recreational vehicle either motorized or unmotorized Notwithstanding anyprovision of this ordinance, no person shall, at any time sleep in or allow any person to sleep in anymotor home mobile home or recreational vehicle either motorized or unmotorized, that is parked or placed in or upon public property. 2. Any trailer that is attached to a vehicle. D. Vehicles or trailers that must be removed from public property pursuant to posted signage• No person shall park or place or cause to be parked or placed any of the following vehicles or trailers in or ugon anypublic property regardless of whether such vehicle or trailer is attended or unattended, contrary to any sign or marking erected and intended to control, direct or restrict the stopping, standing or parking of any vehicle or trailer E. Time Limit: ~ `~ C o... I}ra~~ At the expiration of the respective time limit set forth in subsections A, B, C, and D of this section, the vehicle or trailer shall be removed from the block or location, or farther than five hundred feet (500'), whichever is farther, from the street,-a'~, or public property in or upon which it was p~~parked within the immediately preceding applicable time limit for a minimum of twenty-four (24) hours. ~es~el gene. F_ Exceptions: The provisions of subsections A, B, C and D of this section shall not apply when a vehicle is parked: 1. For the purpose of loading or unloading pass~n~s~ materials, or merchandise when such pr~~s, materials or merchandise are actually being loaded or unloaded; ~. 2. For any purpose incident to any ongoing, lawful construction project, where such construction proiect is conducted under a valid City of Meridian building permit and is located within one hundred feet (100') of such construction project; ~. 3. For any purpose incident to a lawful commercial or industrial operation located in any residential area and conducted under a valid conditional use permit or other such valid permit issued by the City of Meridian and so long as such vehicle or trailer is parked within one hundred feet (100') of such commercial or industrial operation. ~ 4 Any vehicle owned by a public utility entity or agency that is visibly marked and identified as such and used in the response to emery PARKING ON STREETS, ALLEYS, AND PUBLIC PROPERTY - 3 r_1 U 5. Any vehicle or trailer parked in a City Park during its hours of operation or with the specific permission as allowed by Ordinance. Section 2: That pursuant to the affirmative vote ofone-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 , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2007. MAYOR ATTEST: CITY CLERK PARKING ON STREETS, ALLEYS, AND PUBLIC PROPERTY - 4 Page 1 of 1 ~ 1 U Will Berg From: Bill Nary Sent: Friday, October 05, 2007 9:22 AM To: Will Berg; Sharon Smith; Tara Green Cc: Ted Baird; Emily Kane; Michelle Albertson Subject: One more ordinance for Tuesday's discussion Attachments: Parking ResAreas 2007 revised final.1.doc Bill Nary City Attorney/HR Director City ofMeridia~t 703 Maim Street Meridian, ID 8362 208.898.5506 or 208.898 5503 (office) 208.884.8723 (fad ~'~ ~J 10/5/2007 • October 5, 2007 MERIDIAN CITY COUNCIL MEETING October 9, 2007 • APPLICANT ITEM NO. ~ REQUEST Discussion of Executive Personnel Benefits Program Policy AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See aHached y~~ ~- ~~,, Date: Phone: Staff Initials: Materials presented at pubnc meetings shall become property of the City of Msddian. • • CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 5.5 SUBJECT: EXECUTIVE PERSONNEL BENEFITS PROGRAM PURPOSE: To provide fair and equitable benefits for the Department Directors, Appointed Officials, and other specified employees of the City. The City acknowledges that certain employees by the nature of their position and expectation of the job will work well beyond the requirements and expectations of other positions within the City and hold the highest amount of accountability for the direction of the various Departments or responsibilities that they have. These individuals are accountable to the Mayor, the City Council, and the citizens of Meridian. POLICY: The Executive Personnel of the City serve the public in the highest and most critical positions within the City. The expectation is that they will perform and meet the expectations of the Mayor and the City Council. This benefit plan was developed to insure that the City of Meridian can attract and retain the most qualified personnel of this caliber. This plan provides cost effective and positive incentives to recognize the value and enhancement quality executive personnel can provide to the benefit of Meridian and its citizens. AUTHORITY & RESPONSIBILITY: Human Resources will be tasked to monitor and implement the requirements of this policy. Human Resources will further be responsible to keep the benefits provided under this policy current with the job market through it normal measures. PROCEDURES AND RELATED INFORMATION: The Executive personnel shall receive the following benefits in addition to the other City benefits provided. In areas where these benefit exceed the regular employee's benefits, the Executive personnel shall receive the greater benefit. • No introductory period of employment; • Annual Leave accrual at 16 hours per month with a maximum accrual of 3 84 hours; • Ability to convert up to '/Z of accrued vacation leave annually (maximum annual conversion amount is 100 hours) and direct it to a City deferred compensation plan (All IRS regulations must be adhered to); • Upon beginning of emploXment, the Director will receive a bank of 40 hours of sick leave and 16 hours of annual leave; • The City will pay for life insurance coverage of $100,000 ; • • • If necessary, the City will provide up to the 21 days of paid coverage to qualify for Short Term Disability program (STD). The Executive personnel's own available leave must be applied first; • If necessary, the City will provide "make-up" pay between STD and the Executive Personnel's salary for up to 90 days or until Long Term Disability (LTD) becomes available. The Executive personnel's own available leave must be applied first. • If necessary, the City will provide "make-up" pay between LTD and the Executive personnel's salary for up to 90 days. The Executive personnel's own available leave must be applied first. • Regardless of actual hiring date each The Executive personnel shall have an employee Anniversary Date of October 1 of each year. • Annually after October 1~` of each year the Executive personnel's salary will be reviewed and adjusted by the Mayor with the input of the City Council, the new pay will become effective as of October 1~ and will be reflected in the first pay period of the fiscal year and every month thereafter until the next fiscal year. Pay adjustments will be based upon the current City merit pay system. OTHER CITY PERSONNEL The Mayor may request, and the City Council must approve, any other additional personnel to be included in this program. Human Resources and Finance will be responsible to keep track of any other employees or positions that are included in this program. • CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 5.5 SUBJECT: ~XECUTI`'E PERSONNEL BENEFITS PROGRAM ~~~ Deleted: DIRECTOR . Formatted: Left, Indent: Left: 0", PURPOSE: To provide fair and equitable benefits for the Department Directors} Hanging: I^ ---- ~~~c,inted Officials and other specified employees of the City. The City ~~~0 ~ acknowledges that pertain em~loyees by the nature of their position and _.,. - Deteted: the Directors expectation of the job will work well beyond the requirements and expectations ~f other positions within the City and hold the highest _ . - Deleted: inexcesa amount of accountability for the direction of the various Departments or responsibilities that they have. These individuals are accountable to the -- -- -- - - Deteted: The Directors Mayor, the City Council, and the citizens of Meridian. POLICY: The executive Personnel of the City serve, the public in the hii;hest and ~ Deleted: Depai?memDirectors most critical positions within the City. The expectation is that theX ®wlll _ Deleted: ag appointees pursuant ro perform and meet the expectations of the Mayor and the City Council. I~'° ~~ This benefit plan was developed to insure that the City of Meridian can De1~0 Director - attract and retain the most qualified personnel of this caliber. This plan _ _. - - Meted: D;rector's. ~ provides cost effective and positive incentives to recognize the value and enhancement quality executive personnel can provide to the benefit of Meridian and its citizens. AUTHORITY & RESPONSIBILITY: Human Resources will be tasked to monitor and implement the requirements of this policy. Human Resources will further be responsible to keep the benefits provided under this policy current with the job market through it normal measures. PROCEDURES AND RELATED INFORMATION: The,~xecutive personnel shall receive the following benefits in addition to the other City benefits provided. In areas where thesepenefit exceeclthe regular employee's benefits, -. the xecutt~ a personnel shall receive the greater benefit. -- • No introductory period of employment; • Annual Leave accrual at 16 hours per month with a maximum accrual of 384 hours; Ability to convert ~ to '/z of accrued vacation leave annually (maximum annual conversion amount is 100 hours) and direct it to a City deferred compensation plan (All IRS regulations must be adhered to); • Upon be~i»YiII~ of employment, the Director will receive a bank of 40 hours of sick leave and 16 hours of annual leave; • The City will pay for,~ife insurance coverage of $100,000;_ Deleted: Department Directors Deleted: Directors _ Deleted: s Deleted: Director Deleted: an additional $80,000 in -' Deleted: above and beyond the City provided covernge If necessary, the City will provide up to the 21 days of paid coverage to qualify for Short Term Disability program (STD).,The Executive persomlel's own --.. ova' able leave must be applied first; If necessary, the City will provide "make-up"pay between STD ands Executive Persomlel's salary for up to 90 days or until Long Term Disability (LTD) becomes available. The Executive personnel's,pwn available leave must ------------------- be applied first. If necessary, the City will provide "make-up"pay between LTD and the Executive personnel's,~salary for up to 90 dais. The Executive personnel'_„own available leave must be applied first. • Regardless of actual hirine date each The Executive personnel shall have an t- employee Anniversary Date of October 1 of each year • Annually after October 1~` of each year the Executive personnel's salary will be _- reviewed and adjusted by the Mayor with the input of the City Council the new pay will become effective as of October 1; `and will be reflected in the first pay period of the fiscal year and every month thereafter until the next fiscal year Pay adjustments will be based upon the current City merit ay system F OTFIER CIT~C" PERSONNEL The Mayor may request and the City Council must approve any other additional personnel to be included in this pram Human Resources and Finance will be responsible to keep track of any other employees or positions that are included in this program. - Deleted: Directors Deleted: Director's Deleted: Directors Deleted: Director's Deleted: Directors .~ Formatted: Bullets and Numbering Formatted: Superscript Formatted: Superscript Formatted: Indent: Left: 0.25" Leaves . . Page 1 of 1 Will Berg From: Bill Nary Sent: Monday, October 08, 2007 6:09 PM To: Will Berg; Sharon Smith; Tara Green Cc: Audi Clinton; Tammy de Weerd; Joe Gorton Subject: FW: 2008 Executive Summary -For 10/9/07 Meeting Attachments: 2008 executive summary.pdf Can we add this to the meeting tomorrow night? Also can we add an (a) to the exec session too? Bill Nary City Atiorney/HIZ Director City of ~Meridivi 703 Main Street Meridian, ID 8362 208.898.5506 or 208.898-5503 (office) 208.884.8723 (faa~ From: Trepagnier, Denise [mailto:denise.m.trepagnier@mercer.com] Sent: Monday, October 08, 2007 4:36 PM To: Bill Nary; Audi Clinton Cc: Morris, Lois; Aguilar, Denise Subject: 2008 Executive Summary -For 10/9/07 Meeting Hi Bill, I'm attaching a copy of the 2008 Executive summary for your meeting tomorrow. If you'd like anything else, please let me know. I will be in the ofFce all day tomorrow : ) Thank you, ~e~ T~epa MERCER 225 N. 9th St., Suite 300 Boise, ID 83702 (208) 338-6445 Telephone (208) 338-6475 Fax 10/9/2007 City of Meridian 2008 Annual Report ~y ~~i°Vt u~'~,~1~"1? , ,~,~: ~' f'" 4 ,d° -- z- .~~~ v." City of Meridian Executive Summary Mercer appreciates the opportunity to present City of Meridian with their 2008 renewal report. The intent of this report is to inform the Employee Benefits Committee of the proposed renewal rates and discuss the results of our analysis. Blue Cross of Idaho (BCI) issued the renewal request for the City of Meridian's 2008 plan yeaz proposing a 0% increase. Mercer evaluated the renewal and determined the increase requested from Blue Cross was substantiated based on claims utilization data and underwriting practices identified by Blue Cross. We also had Blue Cross looked at an alternative funding plan, which is not aself-funded option but aMini-Max Plan. The difference between the minimum premium and the maximum premium amounts were not significant enough to warrant any funding changes at this yeaz's renewal. Delta Dental issued the renewal request for the City of Meridian's 2008 plan yeaz proposing a 0% increase. Mercer obtained a proposal for dental coverage from Blue Cross of Idaho to check market pricing to determine the appropriateness of Delta Dental rates and plan design. Our findings conclude the City currently offers the best plan to the employees through Delta Dental. Mercer recommends the City renew the Blue Cross of Idaho PPO Plan, making no plan design changes. City of Meridian 2008 Annual Report In addition to the renewal rates, we also requested options from Delta Dental for consideration. They provided us with 2 options. One increased the annual maximum to $1,500 from the current $1,250 at a 4% increase to current rates. The second option was a PPO Dental Plan which restricts the dental network; this option provides a discount of 5.9% off the current premiums. Our recommendation is to renew with the current Delta Dental Plan with the largest network of dental providers to ensure the employees are able to see the Dentist of their choice. Currently the City's utilization is at 13.5% and employees utilize on average 6.8 sessions per case. This illustrates the value of this benefit to the City's employees. We recommend the City continue to provide this benefit during the 2008 contract year. Mercer did obtain a proposal for EAP services from another vendor comparing fees and services. ACI is a company based out of San Diego but has a local representative as well as contracting arrangements with many of the mental health providers in the Treasure Valley. Services were comparable to the current EAP program; however, the fees were a bit higher. Obtaining the proposal allowed Mercer to conduct a complete analysis of the EAP program and identified services not currently being utilized. During the 2008 Plan Year it is our recommendation that BPA provide to the City supervisor trainings on various topics, as well as conduct brown bag lunches to the employees on topics that would benefit the entire employee population. Business Psychology Associates (BPA) is proposing a 1.76% increase in their rate from $1.70 pepm to $1.73 pepm for the 2008 Plan Year. This increase represents a $93.60 annual increase to the City's budget for the 2008 financial year. Mercer was able to negotiate a 2 year rate guarantee to the renewal contract. Blue Cross of Idaho administers and consolidates the billing with the medical plan while the VSP network is utilized. There will be no premium increase for this program for the 2008 Plan Year. United Heritage provides the Group Short Term Disability (STD), Long Term Disability (LTD), Group Life AD&D and dependent life, Voluntary Life AD&D coverage for City of Meridian. City of Meridian 2008 Annual Report The rates for the 2008 Plan Year are identified as follows: SHORT TERM DISABILITY: $0.19 per $10 of weekly benefit - no increase requested for the 2008 Plan Year. LONG-TERM DISABILITY: $0.45 of covered payroll -this represents a $0.03 increase compared to 2007 Plan Year. GROUP LIFE & AD&D INSURANCE: $0.17 per $1,000 of Life Insurance coverage and $0.05 per $1,000 of AD&D coverage -this represents a slight decrease in rates however, the employee Life and AD&D benefit was enhanced to $50,000 for each line of coverage from $25,000 in the 2007 Plan Year. This change in benefit went into effect October 1, 2007 and will renew again January 1, 2009. City of Meridian has utilized Xpress Flex formerly Payroll America to administer the Section 125 plan since the plan was implemented in 2001. The current monthly administrative fee is $5.50 per employee per month (pepm) for the medicaUdependent care reimbursement plan. The administrative services from Xpress Flex have declined over the past couple of years, therefore, Mercer obtained a proposal from Discovery Benefits. Discovery Benefits is based out of Minnesota, however, they have such an amazing on-line service as well as quick claim turnaround time. Mercer recommends the City of Meridian move their administrative services to Discovery Benefits as their services and fees are $4.00 PEPM for administration plus $1.00 PEPM for the debit card. These rates are very competitive in the marketplace. VOLUNTARY LIFE/AD&D INSURANCE: Rates will vary based on age and amount of coverage. The rate offered for the 2008 Plan Year will remain the same with no increase. SUBJECT: PURPOSE: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 5.5 ~XECUTIVE PERSONNEL BENEFITS PROG __ t-~ .--- Deleted: DIRECTOR •' Formatted: Left, Indent: Left: 0", To provide fair and equitable benefits for the Department Directors,~___ Hanging: t.^ Appointed Officials and other specified employees of the City. The City - ~ ~~~ acknowledges that pertain employees by the nature of their position and _- _---- oersted: the D;rectors expectation of the job will work well beyond the requirements and expectations ~f other positions within the City and_hold the highest--.---- oersted: ;n excess amount of accountability for the direction of the various Departments or responsibilities that they have. These individuals are accountable to the --_.-- oersted: TbeDirectors ------------------------------------------------------------ Mayor, the City Council, and the citizens of Meridian. POLICY: The kxecutive_Personnel of the City serv~Ethe_public_in_the highest and _;_-.--- oersted: ixpa*~eacDire~m~ -------------- ------------------------------ - most critical positions within the City. The expectation is that they will ~ ~ ~ oersted: ag appointeea pursuant to perform and meet the expectations of the Mayor and the City Council. ~` Iaaho code. This benefit plan was developed to insure that the City of Meridian can ~ ~r~' »irector attract and retain the most qualified personnel_of this caliber. This plan _------- oersted: Directors. - -- ------------------------ provides cost effective and positive incentives to recognize the value and enhancement quality executive personnel can provide to the? benefit of Meridian and its citizens. AUTHORITY & RESPONSIBILITY: Human Resources will be tasked to monitor and implement the requirements of this policy. Human Resources will further be responsible to keep the benefits provided under this policy current with the job market through it normal measures. PROCEDURES AND RELATED INFORMATION: The executive personnel shall receive the following benefits_in addition to the other City __-..-- oersted: nepatwtentDir~tors - ------------------------------------ ------------------------------------ benefits provided. In areas where thesepenefit exceedthe regular employee's benefits,_ <-_.--- Deleted: D;rector: the ~xecutive_ personnel shall receive the greater benefit. _ _ _ _ _ _ _ _ _ `~ ---------------------------- ---------~ Deleted: s - -----------'~_ `''~ Deleted: Director • No introductory period of employment; • Annual Leave accrual at 16 hours per month with a maximum accrual of 384 hours; • Ability to convert ~ to '/a of accrued vacation leave annually (maximum annual conversion amount is 100 hours) and direct it to a City deferred compensation plan (All IRS regulations must be adhered to); • Upon beginning of employment, the Director will receive a bank of 40 hours of sick leave and 16 hours of annual leave; • The City will pay for~ife insurance coverage of $100,000_ -.-- Dented: ao addiflonal $so,ooo is -' Deleted' above and beyond the City provided coverage • • If necessary, the City will provide up to the 21 days of paid coverage to qualify for Short Term Disability program (STD).,~'he Executive personnel's__own available leave must be applied first; • If necessary, the City will provide "make-up" pay between STD ands ----- Executive Personnel's salary for up to 90 days or until Long Term Disability (LTD) becomes available. The Executive personnel'spwn available leave must - ---- - be applied first. • If necessary, the City will provide "make-up" pay between LTD and the Executive personnel's ~salary_for up_ to 90 days._ _ The Executive personnel's pwn ----------- available leave must be applied first. • Regardless of actual hiring date each The Executive personnel shall have an employee Anniversary Date of October 1 of each year. • Annually after October lit of each year the Executive personnel's _salarX will be_ reviewed and adjusted by the Mayor with the input of the City Council, the new may will become effective as of October 1St and will be reflected in the first pay period of the fiscal year and every month thereafter until the next fiscal year. Pay adjustments will be based upon the current City merit pay system. OTHER CITY PERSONNEL The Mayor may request, and the City Council must approve, any other additional personnel to be included in this program. Human Resources and Finance will be responsible to keep track of any other employees or positions that are included in this program. _ _ -" Deleted: Directors _ Deleted: Director's _ "" Deleted: Directors _ -"" Deleted: Director's `~ Deleted: Directors '-- -- - Formatted: Bullets and Numbering "" "" Formatted: Superscript -" "" Formatted: Superscript t"----- Formatted: Indent: Left: 0.25" • October 5, 2007 MERIDIAN CIIY COUNCIL MEETING October 9, 2007 APPLICANT ITEM NO. ~ ~' REQUEST Discussion of Proposed Changes to the Travel 8~ Expense Policy AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See alfached CITY POLICE DEPT: CITY FIRE DEPT: I CITY BUILDING DEPT: CITY WATER DEPT: ' ~/ ~ CITY SEWER DEPT: V" ~ V ~ " CITY PARKS DEPT: ~ (~' V MERIDIAN SCHOOL DISTRICT: r~ ~' ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CI1y of Meridian. • • CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.5 SUBJECT: TRAVEL AND EXPENSE REIMBURSEMENT PURPOSE: To outline the City's policy regarding travel and reimbursements for related expenses. POLICY: An employee on authorized City business shall be reimbursed for expenses incurred in completing his/her work-related assignment in accord with the procedures established within this policy. AUTHORITY & RESPONSIBILITY: Each City employee is responsible for providing verified receipts for any expenses for which reimbursement is requested for authorized travel and expenses in accordance with the City's Ethics Ordinance (#787) and consistent with Idaho Code. PROCEDURES AND RELATED INFORMATION I. TRAVEL AWAY FROM THE CITY The department head or Mayor must approve all travel away from the City in advance. Travel expense reports must be completed and submitted to Accounting within ten (10) working days from the completion of the authorized travel. All expenses related to the trip should be reported on the expense report, ie: airfare, lodging, meals, etc. II. ADVANCE TRAVEL REQUEST A. Employees may request advance travel monies by completing an Accounting Check Request form and submitting it to their deparhnent head at least five (5) business days prior to departure. The approved form would then be submitted to the Accounting Department at least three (3) days prior to departure. B. Within ten (10) working days from the completion of the authorized travel, an employee shall submit an itemized travel expense report accounting for reimbursable travel expenses with all original receipts including all receipts for charges made on the City credit cards to his/her Department Head for approval. The approved form will then be submitted to the Finance Department for processing. C. If actual reimbursable expenses are less than the amount of the advanced monies, the employee must return the excess amount upon submission of the request for reimbursement and accompanying documentation. D. If actual reimbursable expenses exceed the amount of the advanced monies, and all expenses are approved, the employee will be issued a check for the balance during the next regular accounting cycle. E. If an employee has elected to wait until completion of their authorized business travel before requesting reimbursement for their travel expenses, the reimbursement request will be submitted to the department head and Finance Department as noted above. Reimbursement will be made during the next regular accounts payable cycle. III. TRAVEL EXPENSES NOT ALLOWABLE A. Expenses for side trips not involving City business are personal and will not be reimbursed by the City. B. Expenses for travel between home and the office or for other non-official purposes. C. Expenses incurred by an employee while on leave. D. The City does not pay for the alcohol or entertainment expenses. Entertainment includes any additional costs paid for in-room movies. II. TRANSPORTATION A. Employees should use the most practical mode of travel from the standpoint of time and expense. B. Reimbursement for travel by common carrier will be limited to the lowest cost means of travel unless it is unpractical or not available. C. Reimbursement of mileage for use of a private owned vehicle will be at the most current IRS allowable mileage rate. D. Allowable mileage will be computed according to the latest official state highway map or mileage charts. E. The use of City of Meridian vehicles for personal or other non-official business is strictly prohibited. Home to office driving is only permissible when beginning or ending an authorized trip outside of regular business hours, or for other reasons considered in the best interest the City. The Mayor must approve full time assignment of a City vehicle to an employee. • • F. The City will reimburse employees for taxi or bus fares to the depots, airports, and hotels and other ground transportation costs necessary to conduct City business while traveling. Receipts must be provided. III. LODGING EXPENSES A. The actual cost of lodging plus applicable tax will be reimbursed. Lodging costs may be direct-billed to the City with prior approval of the department head. B. At the time of making reservations or registering, employees will identify themselves as City employees and whenever possible secure the accommodations at the government rate, if available. VI. MEAL EXPENSES Employees are allowed up to $50 per day for meals (including gratuities) Meals must be justifiable and reasonable. Receipts must accompany the expense report to Accounting for reimbursements. When employees are on City business for less than twenty-four (24) hours, a partial day reimbursement will be paid. Exceptions- If an employee will be traveling out of the country or out of the state to an area where the $50 meal allowance is not practical the employee will be required to get approval for the difference, from his/her department head. The Mayor must approve any exceptions for the department head. The Mayor also may approve any exceptions in the absence of the department head. VII. OTHER REIMBURSEMENT When other federal, state or local agencies directly reimburse an employee for travel, training, and other related training costs, and where such costs were borne by the City, the employee will be required to endorse that reimbursement check over to the City. The reimbursement check must be submitted to the Finance Department within three (3) days of receipt. VIII. COMPLIANCE Failure to comply with any of the terms of this policy may result in legal and/or disciplinary action, up to and including termination. • CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.5 SUBJECT: TRAVEL AND EXPENSE REIlVIBURSEMENT PURPOSE: To outline the City's policy regarding travel and reimbursements for related expenses. POLICY: An employee on authorized City business shall be reimbursed for expenses incurred in completing his/her work-related assignment in accord with the procedures established within this policy. AUTHORITY & RESPONSIBILITY: Each City employee is responsible for providing verified receipts for any expenses for which reimbursement is requested for authorized travel and expenses in accordance with the City's Ethics Ordinance (#787) and consistent with Idaho Code. PROCEDURES AND RELATED INFORMATION I. TRAVEL AWAY FROM THE CITY The department head or Mayor must approve all travel away from the City in advance. Travel expense reports must be completed and submitted to Accounting within ten (10) working days from the completion of the authorized travel. All expenses related to the trip should be reported on the expense report, ie: airfare, lodging, meals, etc. II. ADVANCE TRAVEL REQUEST A. Employees may request advance travel monies by completing an Accounting Check Request form and submitting it to their department head at least five (5) business days prior to departure. The approved form would then be submitted to the Accounting Department at least three (3) days prior to departure. B. Within ten (10) working days from the completion of the authorized travel, an employee shall submit an itemized travel expense report accounting for reimbursable travel expenses with all original receipts including all receipts for charges made on the City credit cards to his/her Department Head for approval. The approved form will then be submitted to the Finance Department for processing. C. If actual reimbursable expenses are less than the amount of the advanced monies, the employee must return the excess amount upon submission of the request for reimbursement and accompanying documentation. • D. If actual reimbursable expenses exceed the amount of the advanced monies, and all expenses are approved, the employee will be issued a check for the balance during the next regular accounting cycle. E. If an employee has elected to wait until completion of their authorized business travel before requesting reimbursement for their travel expenses, the reimbursement request will be submitted to the department head and Finance Department as noted above. Reimbursement will be made during the next regular accounts payable cycle. III. TRAVEL EXPENSES NOT ALLOWABLE A. Expenses for side trips not involving City business are personal and will not be reimbursed by the City. B. Expenses for travel between home and the office or for other non-official purposes. C. Expenses incurred by an employee while on leave. D. The City does not pay for the alcohol or entertainment expenses. Entertainment includes any additional costs paid for in-room movies. II. TRANSPORTATION A. Employees should use the most practical mode of travel from the standpoint of time and expense. B. Reimbursement for travel by common carrier will be limited to the lowest cost means of travel unless it is unpractical or not available. C. Reimbursement of mileage for use of a private owned vehicle will be at the most current IRS allowable mileage rate. D. Allowable mileage will be computed according to the latest official state highway map or mileage charts. E. The use of City of Meridian vehicles for personal or other non-official business is strictly prohibited. Home to office driving is only permissible when beginning or ending an authorized trip outside of regular business hours, or for other reasons considered in the best interest the City. The Mayor must approve full time assignment of a City vehicle to an employee. F. The City will reimburse employees for taxi or bus fares to the depots, airports, and hotels and other ground transportation costs necessary to conduct City business while traveling. Receipts must be provided. III. LODGING EXPENSES A. The actual cost of lodging plus applicable tax will be reimbursed. Lodging costs may be direct-billed to the City with prior approval of the department head. B. At the time of making reservations or registering, employees will identify themselves as City employees and whenever possible secure the accommodations at the government rate, if available. VI. MEAL EXPENSES Employees are allowed up to $50 per day for meals (including gratuities) Meals must be justifiable and reasonable. Receipts must accompany the expense report to Accounting for reimbursements. When employees are on City business for less than twenty-four (24) hours, a partial day reimbursement will be paid. Exceptions- If an employee will be traveling out of the country or out of the state to an area where the $50 meal allowance is not practical the employee will be required to get approval for the difference, from his/her department head. The Mayor must approve any exceptions for the department head. The Mayor also may approve any exceptions in the absence of the department head. VII. OTHER REIMBURSEMENT When other federal, state or local agencies directly reimburse an employee for travel, training, and other related training costs, and where such costs were borne by the City, the employee will be required to endorse that reimbursement check over to the City. The reimbursement check must be submitted to the Finance Department within three (3) days of receipt. VIII. COMPLIANCE Failure to comply with any of the terms of this policy may result in legal and/or disciplinary action, up to and including termination. • • October 5, 2007 MERIDIAN CITY COUNCIL MEETING October 9, 2007 APPLICANT ITEM NO. ~ t~ REQUEST Discussion of Renewal and Amendment of Patio Lease at Generations Plaza 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 CHy of Meridian. • Page 1 of 2 Tara Green From: Sharon Smith Sent: Friday, October 05, 200711:41 AM To: Tara Green Subject: FW: Generations Plaza Lease Renewal -it's ready to go! Attachments: Amendment of lease -Generations Plaza Patio 100507.doc; generations plaza Iease.PDF From: Ted Baird Sent: Friday, October 05, 2007 11:37 AM To: Bill Nary; Will Berg; Sharon Smith Cc: Robert Simison; Stacy Kilchenmann; Joe Borton Subject: Generations Plaza Lease Renewal -it's ready to go! We have reached agreement with the landlord of the Generations Building regarding the patio lease for the restaurant space adjacent to the City park. The lease agreement needs to be presented to the City Council along with a Resolution (required by IC 50-1409) whereby the Council declares the leased property to be not currently needed for City purposes, and declaring the terms of the lease to be just and equitable. The landlord (Gary Benoit) wanted the lease to be in place by the projected opening date of 10/15. The earliest date to put the resolution on a Council consent agenda is 10/16. To avoid additional delay, I have requested (and Will Berg has agreed) to put the matter on the 10/09 workshop for discussion only. Here are the terms of the renewal: Benoit will pay the $2,563 payment that was due on 10/01/06 upon receiving an invoice from the City (this will bring them current). - The base annual rent for the renewal lease will be $2,665, due on 10/01/07 but payable anytime before 12/01 /07. - The renewal term is for 5 years, with an annual increase to be either 3% or the CPI, whichever is greater. - There is an option for two additional 5 year terms (potentially securing use of the patio through September 30, 2022), at a lease rate to be negotiated later. - Amplified live music will be allowed, to the same extent as amplified background music, with the stipulation that the music not interfere with any uses going on in the park, and as long as it complies with any applicable noise ordinances. - Alterations and improvements to the patio need to be approved in writing, with the concurrence of the Parks Director (for parks compatibility issues) and the Planning Director (for design review approval). - Benoit has the option to extend the 18 foot wide patio to the north along the building, at which time the agreement would be amended and the annual rent would be increased on an additional square-foot basis. We could not locate an electronic file or the original lease, so this renewal and amendment is presented in a format that incorporates all other terms of the original lease that are not modified. Let me know if there are any questions or concerns. 10/5/2007 • ~ Page 2 of 2 Ted Baird 898-5506 10/5/2007 i • Renewal and Amendment of Lease for Generations Plaza Patio THIS AGREEMENT is made and entered into this .day of October, 200 by and between the City of Meridian, 33 E. Idaho, Meridian Idaho, 83642, a municipal corporation of the State of Idaho ("Lessor"), and Generations Building LLC, g1o Main Street, Suite 358, Boise, Idaho, 83702 ("Lessee"), an Idaho Limited Liability Company. WITNESSETH: WHEREAS, Lessor and Lessee have entered into a Generations Plaza lease agreement dated October 1~, 2000, in which the Lessor, among other provisions granted to the Lessee certain premises commonly referred to as the "patio" located at Generations Plaza in downtown Meridian to be occupied and used for the purposes stated therein; and, WHEREAS, the October i~,zooo lease agreement contained an option to renew the lease after the expiration of the initial five year term on September 30, 2006; and, WHEREAS, the Lessee did exercise the option to renew in a timely manner and Lessor has continued to allow Lessee to rent the patio space under the terms of the October ~~, 2000 lease agreement; and, WHEREAS, Lessee has agreed to pay the October i, 2006 annual rent payment in the amount of $2,553.00 upon receipt of an invoice from Lessor; and, Renewal and Amendment of Lease for Generations Plaza Patio -page 1 of 8 • WHEREAS, in consideration of the $10o paid by Lessee on August 15, 2006 to secure the option to renew the agreement, Lessor agrees to renew and amend the agreement as set forth herein; and, WHEREAS, The parties agree that the October 1~, 200o agreement shall be incorporated, and shall be considered to be incorporated in this agreement by this reference except insofar and only insofar as the terms, conditions and provisions are replaced, modified, changed or amended by the further provisions of this Agreement; and, WHEREAS, Lessor and Lessee further agree that the sole modifications of, changes in, and amendments to the terms, conditions and provisions of the agreement, dated October 1~, 2000, which are made in it and which shall be applicable to all renewals and extensions of the agreement made and provided for in it, consist of the following: A. TERM, BASE ANNUAL RENT, AND ANNUAL RENT INCREASE: The terms and conditions pertaining to annual rent payments found at Section #1 appearing in the agreement on page 2, shall be replaced, modified, changed and amended to read as follows: The term of the renewed lease Agreement shall be deemed to have commenced on October 1, 200 for a term of five (5) years terminating on September 30, 2oi2. The 200 annual base rent amount of $2,665.00 was due as of October ~, 200 and is payable on or before December 1, 200. Renewal and Amendment of Lease for Generations Plaza Patio -page 2 of 8 LJ The annual base rent shall be adjusted annually to offset any increases in costs and expenses over the previous year. Beginning with the annual rent payment due on October i, 2008, and on each year thereafter on the same date during the five (5) year renewal term, the annual rent shall be increased by the greater of (a) three percent (3%) of the annual rent in effect for the preceding year or (b) an amount equal to the increase determined by the most current Consumer Price Index for all Urban Consumers, All Items, published by the United States Department of Labor, Bureau of Statistics ("Index"). Said adjustment shall not be less than the rent paid during the immediately preceding period. If the Index is discontinued or revised during the term or, if for any reason the Index statistics are not available, the adjustment in the rent shall be computed by reference to whatever statistics are at the time available most nearly resembling the statistics reflected in the Index. B. OPTION TO RENEW: The terms and conditions pertaining to the option to renew and consideration appearing in the agreement as Section #2 on page 2 shall be replaced, modified, changed and amended to read as follows: Provided that this Agreement shall be in full force and effect and that the Lessee shall not be in default hereunder, the Lessor hereby grants to Lessee an exclusive option to renew this lease for two (2) successive additional five (5) year terms, the first commencing on October i, 2oi2, and extending through September 30, 2oi~ and the second commencing on October i, 201, and extending through September 30, 2022. The renewal terms shall be upon the same terms and conditions contained in this Agreement, save and excepting rent. Renewal and Amendment of Lease for Generations Plaza Patio -page 3 of 8 The rental for each renewal period shall be negotiated by Lessor and Lessee; provided, however, that in the absence of agreement, the annual rent for the renewal period will be set by three arbitrators, one chosen by Lessor, one chosen by Lessee, and those two arbitrators choosing a third. The parties agree that the annual rental for any renewal period set by a majority of these three (3) arbitrators will be binding on Lessor and Lessee, will constitute the annual rental for the renewal period, and will be payable by Lessee to Lessor on October 1 of each year during the renewal period. Should Lessee desire to exercise any option to renew provided for herein, Lessee shall notify Lessor in writing no later than midnight on August 15 during the last year of the current lease term and pay Lessor the sum of $ioo.oo as the consideration for the option to renew. In the event of Lessee's failure to notify Lessor of its intent to renew in the time and manner specified and pay the consideration, the option to renew, and any subsequent options to renew shall be null and void. C. USE OF PREMISES. The terms and conditions pertaining to the use of the premises found at Section #,3 appearing in the agreement on page 3, shall be replaced, modified, changed and amended to read as follows: Lessee covenants and agrees that the leased premises shall be used solely as a patio immediately adjacent to real property where Lessee maintains a building which houses a restaurant on the ground floor. The patio and entrance area shall be used ancillary to the restaurant for the furnishing of space for restaurant patrons to consume food and beverage. Provided that this Agreement is in full force and effect, the leased premises shall not be considered to be a part of the Lessor's adjacent Generations Plaza Renewal and Amendment of Lease for Generations Plaza Patio -page 4 of 8 • public park and shall not be considered to be a part of the park and shall not be subject to any rules, regulations, or ordinances pertaining to public parks unless specifically provided in this Agreement. Amplified background and amplified live music shall be allowed on the premises provided that such amplified music is in compliance with any applicable noise ordinance and provided that such amplified music does not interfere with any uses of the adjacent Generations Plaza public park. Lessee further agrees to restrict patron usage of the patio area to the hours of io:oo a.m. through i2:oo midnight. No signage shall be allowed on the leased premises nor shall signage be allowed on the adjacent Generations Plaza public park. Further, no advertising or promotional materials for alcohol or tobacco products, including "brand" items shall be allowed on the leased premises. D. ALTERATIONS AND IMPROVEMENTS: The terms and conditions pertaining to Alterations and Improvements found at Section #5 appearing in the agreement on page 4, shall be replaced, modified, changed and amended to read as follows: Lessee shall be entitled to make modifications and improvements to the existing patio, including awnings, enclosures, and extensions of the patio, only if such modifications and improvements are approved in writing, in advance by Lessor. In the event that the patio is extended to the north, the annual rent shall be adjusted on apro- rata additional square foot basis on mutually agreed-upon terms and conditions to be memorialized in a written addendum to this Agreement. Approval by Lessor shall not be given without the concurrence of the Parks Director and the Planning Director. The Renewal and Amendment of ]Lease for Generations Plaza Patio -page 5 of 8 Parks Director's review shall be based on issues related to compatibility with the adjacent Generations Plaza public park. The Planning Director's review shall be based on all applicable city rules, regulations, and guidelines, including the Meridian Downtown Design Guidelines and any other applicable design review criteria. Lessee shall also be required to secure any required building permits. Lessee agrees that upon the termination of this Lease, any and all improvements designated for removal by Lessor shall be removed by Lessee at Lessee's own cost, provided, however, that any damage which might be occasioned by the removal thereof shall be repaired at Lessee's expense. Such damage occasioned by the removal of designated improvements shall include the cost of restoring the leased premises for use as a public park, including reimbursement by Lessee of any costs incurred by Lessor for installing landscaping on the leased premises, including the following: Excavation, topsoil, concrete edging, irrigation systems, planting material, planter bed preparation, and mulch. All other improvements as shall have been added or made by Lessee which Lessor does not designate for removal shall revert to Lessor and become a part of the leased premises. E. ASSIGNMENT OR SUBLETTING: The terms and conditions pertaining to assignment or subletting found at Section #8 appearing in the agreement on page 5, shall be modified, changed and amended to read as follows: Replace all references to "Smoky Mountain Pizza & Pasta, Meridian, LLC" with "Andrew's Rib Shack Meridian, LLC" Renewal and Amendment of Lease for Generations Plaza Patio -page 6 of 8 • F. GOVERNING TERMS AND CONDITIONS: Lessor and Lessee agree that, except solely as replaced, changed, modified, or amended above, the terms, conditions, and provisions of the agreement dated October 1~, 200o shall apply to, and shall govern, this amendment of the agreement, and any and all further renewals or extensions of it. IN WITNESS WHEREOF, the Lessor and Lessee do execute this Agreement the day and year first above written. By: Attest: William G. Berg, Jr., City Clerk CITY OF MERIDIAN LESSOR Mayor Tarnmy de Weerd GENERATIONS BUILDING, LLC LESSEE By: Renewal and Amendment of Lease for Generations Plaza Patio -page 7 of 8 ~J STATE OF IDAHO, ) ss County of Ada, ) • On this day of , 200, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of Generations Building, LLC, who executed the instrument and acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) ss County of Ada ) Notary Public for Idaho Residing at: My Commission Expires: On this day of 200, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Commission expires: Renewal and Amendment of Lease for Generations Plaza Patio -page 8 of 8 • Meruiian Cit~+Pre~Council Nle~ing ~, October 3, 2tlao Page 11 same rules. Councilman Anderson, did you have any more questions on that? That was just an overview of our report. We wilt have another one out later this month. Anderson: 1 did have one. You said we show a loss. We pay a penalty for withdrawing tha# money early? Smith: Yes. {?ffsets on the interest earned. We do contact our investment agents ahead of time to let them know what's coming out. We work with water and sewer also to find out what expenses they have to make sure this money is in the checking account. We try to !et them know three months in advance. Hopefully this next year we won't see any penalties. With that,l think, Mayor and Council, that's ~ if you don't have any questions. B. Panics and Recreation ©irector -Tom Kuntz: Z. Patio Lease for Smoky Mountain Pizza at Generations Plaza: Kuntz: That was on for tonight. !have to go to a PAL Board meeting to talk about the 56-acre park. The first item on there is the lease for the patio at Generations Plaza. Really, that's just -- I'm not requesting any action tonight because of the lateness of get#ing that to you. I would tike to come back in two weeks hopefully for an option. There will be a few changes that staffs going to make this week, and we're going to have to get a revised copy for your workshop next Tuesday, and then that will give you a whole other week before your next Council meeting on the '! 7~' of actober. The first item, give you aheads-up that this is coming down the road. Stewart Laney and Benoit has not had a chance to look it over, so we'll fax that to them tomorrow, and that will give them a couple weeks to make comments. 2. Storey Park Irrigation System Bids: The second item you should have in your packet was actually in your mailbox yesterday: just a request for Council to deny the bids for Storey Park Irrigation. I'm willing to answer any questions. l may come back tonight. So it's on to make sure that happens. That would be great. Anderson: Tom, I had a question then, what's going to happen when they widen Franklin Road? Is it going to (inaudible) is going to have #o be moved? Kuntz: Elroy has done the research on this, but he's had a leng#hy discussion with them this last week. His concern was that if we leave it where we've 'got it specked right now, then, yes, we wi0 have to move it. if we move it further out in the park, it's going #o be obtrusive with the expansion of the Chamber building when that happens. What he's pursuing is a brand new location that would be Meridian City Camcr~ Me~Ing Qdcber 77, 2Q00 Page 41 • • r,_ Bird: Mr. Mayor, may I ask Tom one other question? Tom, on that rod iron fence, how high do you want it? Do we need to specify that or what kind of a - Kuntz: Well, I think in the negotiation process, we were talking about four-€oot or ftve--foot maximum. Bird: Thank you. Mr. Mayor. Cowie: Mr. Bird. Bird: 1 move that we approve the Final Plat for 129 building Lots and 22 o#her lots on fi8.44 acres of Bear Creek Subdivision - S#oddard Road and Overland Road with the specifics offsite construction of sewer will be bonded for 190 percent prior to signature of Final Plat by engineer and construction to be started by October 1, 2001 and on the northeast and south boundaries of the park to have a four or five-foot rod iron fencing a!1 the way around and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Anderson: Second. Cowie: Motion made and seconded to approve the Final Plat of the Bear Creek Subdivision -129 building to#s and 22 other cots based upon the mot;on that was given including staff comments. Bird: Yes. Cowie: Any further discussion? Hearing none. Roll-call vote, Mr. Berg. Roll-call: Anderson, aye; Bird, aye; McCandless, aye; De Weerd, aye. MOTION CARRIED: ALL AYES. B. Parks and Recreation Director -Tom Kuniz: 1. Patio Lease for Smoky Mountain Pizza at Generations Plaza: Cowie: Department Reports. The treasurer is not here. She did it last month - the last meeting. Our Parks and Recreation Director, Tom Kuntz. Kuntr: Thank you ,Mayor and Council, Item Ido. 1 that you have in your packet is the patio lease for Smoky Mountain Pizza at Generations Plaza. After review by the developer and by the Parks and Recreation Commission, who unanimously voted in favor of this lease at last nights meeting -- there was one item which they would like to see changed and that pertains to no gates in the • t Meridian C3lyy Councfr Meeting Odo6er 17, 2000 Page 42 perimeter fencing around the patio. They would like to see that stricken from the agreement. Bird: Where's that at, Tom? McCandless: I believe it's page 5. Bird: Yes, 1 see it. So what you want is any gates and the fence musf be approved in advance by the Parks and Recreation. Is that what you want stricken? - Kuntz: Actually, as long as i#'s left in there, that's fine and then I just won't approve them. !thought it was worded a little differently than that. The second and last Item, which they would like to see changed, and this was from a phone conversation with Scott Stewart today. They need to have a minimum of a ten- year lease with Smokey Mountain and if they don't then they're in violation of their agreement with Smokey Mountain. As you can see, the way #his is written, the first five years is actually less than that. It commences on December 1 ~ and goes through September 30~', which should be about - !s that eight months? Nine months? Ten-month period, and the reason that we structured this lease to go October 1 through September is to revolve around our fiscal year, and both the City Attorney and myself agree that that is the best way to structure this lease. So, as a compromise, what I proposed to the developers today, so that they can live up to their ten year lease is that the fast tease period would actually be five years and #en months, so that it would go #hrough -- the first segment of the lease would actually go through October 1, 2005, which would be five years and ten months. is my math right here? Bird: Four years and ten months. You're actually in five years, but you're not in five fiscal years. Kuntz: Okay. So, we need this to run -the first term to run five years and ten months. Bird: So you need to go to 2005, then. Kuntz: Correct. Bird: Okay. You've got your ten months on 2001. You've got your fast year on 2002, 2003, 2004, 2005 and 2006. Kuntz: Okay. So we would need to amend the amount, and 1 believe that amount was figured on a four percent increase per year, and then take that through October 1, Zoos. Bird: You need to change the dates. • t ~ October'i7~, 2000 ~ ~ Page43 Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Tom, as far as the option to renew goes, would it be an additions! five- yearterm beginning a# the end of that five year and #en months? Kuntz: Yes, sir. Nichols: So we'd need to change those dates as well Kuntz: 1 did have one other issue, lt`s on page 9, Item Na. 15. This pertains to the garbage dumpster, and as you can see, Item No. 15, mid-paragraph. Lessee wit! allow the lessor to dispose of six bags of litter per week. That's based upon that will have six garbage can receptacles there in the Generations Plaza when it's complete. In exchange for allowing them to acr~ess #heir dumpster, the lessee will also be responsible for keeping the dumpster area clean and in an orderly fashion. Shari's office has gone through about three or four different changes. To acclimate you, this is Pine Street traveling from 1~, traveling down Pine Strut This is their new parking lot, which you can pull in. This is the alley. This is 1 Street here.. This is the vacated portion that we have discussed extensively and this is the existing City Pine Street parking lot, which right now, runs this direction and will be rerouted at their expense to run the opposite direction. What we're looking at, as an option to make it safest for the garbage company, and we've met down there with representatives acouple of times now. They've actually brought a garbage truck down there, which is a front load machine. Originally, the dumpster was here, but it was turned so that they would came into the new parking lot, come into the dumpster and then I believe they would have to back out of this parking lot because this fuming radius from the parking lot into the alley way was not enough. It would come in here and grab the dumpster in the front of the toad here, and then since this radius wasn't wide enough, they`d have to back out here. Shari, you can jump in here anytime you want ta. What we felt was a safer solution is they would come down the alley this direction and across this City property here to gain their -dump the dumps#er, then back up into the alley and then pull out our parking lot. So, in exchange for allowing them to come across this, they've agreed to let us dump the weekly trash from here, which they will be generating from their building. Anyway, to allow that into the dumpster. Shari may have some comments. Stiles: We just told them that we were not going to allow them to have the Building Permit for this until this whole issue was straightened out because instead of three or four, it's probably been 10 or 12 different versions of this I have seen. After this parking agreement arrangement was approved by Council, ar that's what you felt your approval was, Ada County Highway District said, °No way are we going to allow you to do that° So I think they finally did go back to • ~,.. t Meridian Giiy Councr7 M~(ng Odabec'E7, 2x00 Page-04 Ada County Highway District and go# this configuration approved. I know tha# Tom was able to negotia#e with #hem to get that. 1 think that that's the least they can do is allow you to dump the garbage there. Wha# we were concerned about, #oo, was their clean-up of the area, particularly since these little things here are grease barrels that wi!! be used by the restaurant if there's a restaurant here and Smokey Mountain Pizza -and wanted to make sure and 1 see tha# he's included in the lease agreement that if there's any clean-up of that area required, that they'll be responsible for doing that. Hopefully - Bird: Those are grease barrels? Stiles: So, I don't know. It was more out of consideration for Sanitary Service Company than for this development. Otherwise, they'll (inaudbie) -they would have to go down the alley here and then come out and then they'd have to come out here just to pick up the one dumpster and then come back around -wanting to cooperate for Sanitary Service's sake and that's why that proposal was considered. We told them that we're not approving any site plan that show this configuration unless the Ci#y Council approves it. Bird: How big of a dumpster holder is that? How tall is the things and everything? !t's not going to be able to be accessible by kids, is it -coming over the top, if you`ve got grease barrels in #here? Stiles: !don't think they've shown any plans on it.1 would imagine that's going to be six feet high. It's a six cubic yard dumpster, which is the bare minimum. Bird: Yes, but what about the grease barrel? Stiles: Well, it almost Looks Pike it's some kind of a gate here. Bird: Are they going to cover that? Stiles: It looks like they have a wall that goes around on the three sides here - Bird: Yes, to cover the dumpster with a ga#e. Stiles: And it also looks like there's a gate here. Bird: The grease barrels are going to be in a separate area, aren't they? We might wan# to look at enclosing that. Anderson: It is. It just doesn't have a roof over it. Stiles: Well, it would be enclosed because it has a fence around - Mer3duut Cfiiy council Maetlng October i7, 2000 ~~ t Bird: Well, I mean does it have a roof over it - a complete enclosure. I think you're required to do that in Boise, but I'm not sure. There's a lot of things, t think Ron will vouch for this. It's very susceptible to flame. Kids could start a fire. 1 think, in Boise - in fact, ! Imow the restaurants my brother awns -they're completely enclosed and roofed over - if I remember right -for the grease things. 1 think we'd better look into it, Shari. 1 think you and Tom ought to fnd out if that is -Maybe Ron can answer. I don't know. Anderson: i don't know what type of barrels these are -whether they're all '""` End of Side 3'""' Anderson: -- bring them out full and set them there or whether they'll be going out periodically and putting more grease in#o them or - Bird: They have to be separated. They want them separated from the actual garbage can. That's actually a separate enclosure that's hooked to it, Tammy. It needs to be enclosed. De Weerd: So, why--does it have to be by the garbage ran? Can that - Bird: Why can't it be next to the building -back of the building? Stiles: They don't wan# it next to them. Bird: 1#'s for Mire, probably. Anderson: ft's.flammability. Bird: 1 know. My brotheYs are all off the building. Kuntz: The other issue that I guess I'll just touch on because it came up at fihe Commission meeting last night and I was asked #o address it last week -- Their plans with Public Works show the drainage from the roof of this building is going to be piped to this seepage bed underneath their parking lob but instead of running it in their attic, they were going down the back of the building to the seepage bed. They ran it down the side of the building in two spots and then piped it and asked far a permanent easement through this flower bed, as well as their waterline -instead of running it in the floor of #heir building, they want to put it underneath the patio and run it through this flowerbed and into the side of the building. The Parks Commission, last night, voted unanimously not to allow them to do that. I contacted Ward today and told him that they need to include ail of that in their building and not on our property. Now, I don't know if that needs to be included in the cease. t didn't think it did. Bird: That wouldn't be in our part of the cease. • n~id~, cny caimal IVt~inD o~ta~ ~~, xooo ~~ Kuntr: But we will be making sure that that happens. Bird: What was their objections to coming dawn tike that? I know one on the commission that's done ~ in buildings before. Stiles: What they initially proposed, when they brought in their site plans is all o€ their storm water in City property. Kuntr: A seepage bed. Bird: I antlers#and that, but to picture your roof and stuff -what they're doing is bringing it down the side of the building and coming down into a deal and then they'll run it into the seepage bed over there. it's probably because of the contour of the roof that they want -- that it meets better at that locaflon -than it does in the back to get the stuff drained with ail of your units and stuff on top. I don't see any problem with going through a flower bed. i believe this is done quite commonly in the building business, but that's strictly up to Planning and Zoning and not me. Kuntr: Weil, we just thought it was strange that they wanted to do all that on our property. Bird: WeU, you rent it by the square foot. don`t you? Kun#r. The area that they want to run that through, Gouncil member Bird, is not included in this lease. Bird: I know, but it would be a taken easement to go through that and actually, what's it going to hurt in your bower bed? Kuntz: Probably nothing, until they need to tear it up. Bird: Weil, as long as they tear it up but they have got to replace it to back to normal. Stiles: They know that they can't vacate it clear to here. Kuntz: Right. So, on the lease tonight, I'm asking for your approval with the changes on the first lease period and the dates being changed. Bird: And also, the gates were okay. Isn't that right, Tom? . De Weerd: Mr. Mayor. Come: Mrs. De Weerd. ,` Meridian Ci~+Count~! Me~ir~g October 77. Z0t10 Page 47 De Weerd: If there are no further questions or comments, t would attemp# a motion. Mr. Mayor. Cowie: Mrs. De Weerd. De Weerd: !move that we approve the lease for Smoky Mountain Pizza at Generations Plaza with the suggested changes as noted by Parks Director, Tom Kuntz and to also have them pursue enclosure on the trash and oil area and have the attorney draw up the appropriate papers and have the Mayor sign and the Clerk attest. Bird: Second. Cowie: Good job. Motion made and seconded to approve the patio lease of Smakey Mountain Pizza at the Generations Plana with the changes of Mr Kuntz and also full enclosure of the grease area and have the attorney draw up the proper order and the Mayor to sign and the Clerk to attest. Any further discussion? Hearing none. Roll-cal! vote, please. Rolf-cell: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES. Kuntz: Mayor and Council. Just clarification for myself on the waterline and the drain from the roof. If they can't work out asystem -•especially on the drain to where they can retain the piping inside their attic of their building and come down the back, ! jus# want to make sure I'm clear on your direction as far as how far ! should take this issue. De Weerd: Mr. Mayor. Cowie: Mrs. De Weerd. De Weerd: I think that as long as there is an agreement in place that anytime those need to be repaired that they would pay for putting things back as they were, we should be okay. 1. Update on Master Pathway Agreements with Nampa Meridian Irrigation District: Kuntz: Thank you. The next item is just a really brief update on the Master Pathway Agreement. The Meridian Parks Department met with Boise City Parks and Ada County Parks approximately three weeks ago. The Boise City Attorney was also in attendance. We went page by page over the Master Pathway Agreement and made some changes. Ada County and Boise City Attorney met with Nampa Meridian irrigation District's attorney, Dan Steenson and those • r ~ f LEASE With Option to Renew THIS AGREEMENT is made and entered into this j 7~ day of ~C ~~ ~ ~' X000, by and between THE CITY OF MERIDIAN, ss E. Idaho, Meridian, ID Ss642, hereinafter referred to as the "Lessor," and GENERATIONS BUILDING, LLC, an Idaho Limited Liability Company, 91o Main Street, Suite 240, Boise, ID 8s7o~, hereinafter referred to as the "Lessee." WITNESSETH: WHEREAS, Lessor owns a parcel of unimproved real property immediately adjacent to real property where Lessee is constructing a brand new building which will house a restaurant on the ground floor; and WHEREAS, Lessor, as one of its goals, has determined that revitalization of downtown Meridian is in the best interests of its citizens; and WHEREAS, in furtherance of Lessor's goal of revitalizing the older portion of Meridian, it is necessary to draw people and interest to the downtown corridor; and WHEREAS, Lessee wfll construct and maintain a patio and landscaping which will match and correspond well with the Lessor's improvements to its Generations Plaza; and WHEREAS, it is in the best interests of Lessor and its citizens that this Lease be entered into. NOW, THEREFORE, based upon the mutual covenants contained herein, the parties agree as follows: That the said Lessor, for and in consideration of the rents, covenants and agreements hereinafter mentioned on the part and behalf of the said Lessee to be paid, kept and LEASE With Option to Renew - 1 • +.. performed, does by these presents grant, demise and lease unto the said Lessee, and the said Lessee does by these presents hire, rent and take from the said Lessor, that certain unimproved real property and premises described as follows, to wit: An area i s feet wide by 62.6 feet long located in the Southeast corner of Lot 3, Block 5, of the Amended Plat of the Townsite of Meridian, Ada County, Idaho. TO HAVE AND TO HOLD said premises, together with the appurtenances, privileges, rights and easements thereto belonging, unto the said Lessee for the term of five years, ten months, said term to commence on December 1, 2000, and terminate on September 30, 2006, for the rental and upon the terms and conditions as follows: i. RENTAL: Lessee covenants and agrees to pay annual rentfor thepremises as follows: ~ $1822.50 on December i, 2000; 2 ~0 ® •:ei~ I, 200" . ~ 2~190t~Fier~1~;2'0,~0.-,~y $~~Oe nber~,iG~2003;~ f 2369~on,~~tol~er~:~1.12004° and /$2~ts4~.oriFOctober'=1;:,2006-.~~ ~~~t~~ 2. OPTION TO RENEW AND CONSIDERATION: Provided that this Lease shall be in full force and effect and that the Lessee shall not be in default hereunder, the Lessor hereby grants to Lessee an exclusive option to renew this Lease for an additional five (5} pear term certain commencing October i, 2006, and extending through September 30, 2011, upon the same terms and conditions contained in this Lease, save and excepting rent. The rental for the renewal period shall be negotiated by Lessor and Lessee; provided, however, that in the absence of agreement, the annual rent for the renewal period will be set by three (3) arbitrators, one chosen by Lessor, aae chosen by Lessee, and those two choosing a third. The parties agree LEASE With Option to Renew - 2 • that the annual rental set by a majority of these three (s) arbitrators will be binding on Lessor and Lessee, will constitute the annual rental for the renewal period, and will be payable by Lessee to Lessor on October i of each year commencing October i, 2006. Should Lessee desire to exercise this option to renew this Lease Agreement, Lessee shall (i) notify Lessor in writing no later than midnight August 15, 2006, of its intention to exercise the option to renew and (2) pay Lessor the sum of $ I00.08 as the consideration for the option to renew no later than midnight .August 15, 2006. In the event ofLessee's failure to notify Lessor in the time and in the manner specified and pay the consideration for the option, this option shall be null and void. In the event that Lessee does not exercise the option as herein provided, then Lessor shall have the right to place signs upon said leased premises indicating the same aze available for lease or sale and Lessor shall have the right during the remaining period of the Lease Agreement to show the leased premises to prospective lessees or purchasers. s. USE OF PREMISES: Lessee covenants and agrees that the leased premises shall be used solely for the construction of a patio immediately adjacent to real property where Lessee is constructing a building which will house a restaurant on the ground floor, entrance area, and associated landscaping for use in connection with the building that is to be built immediately east of the leased premises. The patio and entrance area, once constructed, shall be used ancillary to the restaurant which will be housed in the adjacent building and for the furnishing of space for restaurant patrons to consume food and beverage. No amplified Iive music shall be allowed on the premises. Amplified background music, which is the same as any background music which may be supplied inside the restaurant building will be allowed, provided, however, that such background music must be low in volume and must not interfere with any uses of the adjacent city park LEASE With Optian to Renew - s • • Lessee fiuther agrees to restrict patron usage of the patio area to the hours of 10:00 a.xn, through i~:o0 midnight. No signage will be allowed on the patio. Further, na alcohoI or tobacco advertising, including "brand" items on the patio will be allowed. 4. MAINTENANCE: Lessee agrees to maintain the demised property in as good condition as the same are in at the time Lessee shall take possession of the demised premises, reasonable wear, tear and damage by fine elements excepted. In exchange for use oftheparking lat by the public, the Lessee agrees to maintain the parldng lot and keep it in as good a condition as it now is, reasonable wear and tear excepted during the remainder of fihe term of this lease. Lessee shall be responsible for annual maintenance and repair, including striping and sealingduring each pear of this lease. 5. ALTERATIONS AND Il1~ROVEMENTS: Lessee shall be entitled to construct on the leased premises a patio and landscaping approved by the Lessor as contained in the drawing dated August 14, loop, from The Land Group, Inc., which is attached to this Lease as Exhibit "1" and, by this reference, incorporated herein. Lessee shall be required to erect a non- combustible, non-site-obscuring fence around the patio area. Any gates in the fence must be approved in advance by the Director of Parks and Recreation for Lessor. Lessee shall reimburse Lessor for any costs incurred by Lessor for installing landscaping on the Lessee's premises, and such landscaping shall include the following: 1. Excavation; b. Top soil; c. Concrete edging, 5. Irrigation system; s. Planting material; and 7. Planter bed preparation and mulch. Lessee agrees that upon the termination of this Lease, such improvements designated for removal by Lessor shall be removed by Lessee at Lessee's own cost, provided, LEASE With Option to Renew - 4 • t ~ however, that any damage which might be occasioned by the removal thereof will be repaired at Lessee's expense. All other improvements as shall have been added or made by Lessee which Lessor does not designate for removal shall revert to Lessor and become a part of the leased premises. 6. WATER: Lessor agrees to supply the water for the irrigation of the landscaping on the leased premises. 7. COMPLIANCE WYTH LAW: Lessee agrees to comply with all municipal, state and federal laws, rules, regulations and ordinances and to do all things necessary to stay in compliance with the same. ASSIGNMENT OR SUBLEASING: Lessee shall be allowed to sublet the leased premises to Smoky Mountain Pizza & Pasta, Meridian; LLC, but such assignment or sublease shall not relieve Lessee of its primary liability under this Lease, and no other assignment or sublease shall be allowed without the Lessor's consent, which consent shall be discretionary as to the Lessor. In the event Smoky Mountain Pizza & Pasta, Meridian, LLC vacates the premises during the term of this Lease or any extension hereof; and Lessee does not replace its tenant or in the event Lessor does not consent to a replacement tenant, then this Lease shall terminate and all rents theretofore paid by Lessee shall be retained by Lessor and Lessee shall not be entitled to any refund for prepaid rent. 9. NONDISCRIMINATION: Lessee will not, on the grounds ofrace, color, religion, sex, age, or national origin, discriminate or permit discrimination as to any person or group ofpersons in any manner. Non-compliance with this provision shall constitute a breach of this Lease, and in such event, Lessor may take the appropriate action to enforce compliance, terminate this Lease, or seek judicial enforcement LEASE With Option to Renew - 5 • ~' 10. AUTOMATIC CANCELLATION: It is understood and agreed that voluntary or involuntary filing of bankruptcy, or assignment for the benefit of creditors, or. any other act of insolvency by or on behalf of the Lessee shall automatically cancel this Lease, and Lessor shall be entitled to immediate possession of fhe leased premises. 11. DAMAGE OR DESTRUCTION: If the leased premises shall be damaged by fire, the elements, explosions or other causes, Lessee will, at Lessee's own proper cost and expense, cause the same to be repaired and restored to the same condition as before such damage was done, subject to delays due to adjustment ofinsurance claims, strikes and other causes beyond Lessee's control or, in the alternative, Lessor shall cause such repaix to be made and Lessee shall reimburse Lessor therefor from insurance proceeds received by Lessee. If the demised premises shall be so damaged as to be unfit in whole or in part for occupancy or use in the manner and form as theretofore used, Lessee shall cause the same to be promptly restored, repaired and rebufit to the extent.of Lessee's obligations for. maintenance under the terms of this Lease. 12. FIRE IFTA~ARnS; The Lessee shall not do anything in the premises or bring or keep anything therein which will increase the risk of fire, or which will conSict with the regulations of the fire department or any fire laws, or with any fire insurance policies on the buildings, or with any rules or ordinances established by the board of health, or with any municipal, state or federal laws, ordinances or regulations. is. LABOR CONTRACTS AND EMPLOYEES: The parties hereto expressly covenant and agree that all Iabor contracts and employment agreements with employees shall be made directly with Lessee and that all such employees shall be deemed solely the employees of Lessee and in no way employees of Lessor. Lessee covenants and agrees to indemnify and hold LEASE With Option to Renew - 6 • harmless Lessor ofand from any liability for any acts ofemployees ofLessee or any acts ofpersons working for Lessee under a labor contract. . 14. RIGHT' OF II~TSPECTION: Lessor shall have the right to enter the demised premises at any reasonable time to examine the same and to determine the state ofregair or alterations which shall or may be necessary for the safety and preservation of the premises. 15. WASTE PROHIBITFI?: Lessee shall not commit any waste or damage to the premises hereby leased nor permit any waste or damage to be done thereto, On a daily basis, Lessee will insure that the leased premises is kept clean and free of debris and litter. Lessee will allow the Lessor to dispose of six {6) bags of litter per week, in Lessee's dumpster, in exchange for access across Lessor's property for solid waste disposal service. Lessee will be responsible to keep the dumpster area clean and in an orderly fashion. 16. LIABU.ITY: Lessor shall not be liable for any inJ ury or damage which may be sustained by any person or property of the Lessee or any other person or persons resenting from the condition of said premises or any part thereof, or from the street or subsurface, or from any other source or cause whatsoever, nor shall the Lessor be liable for any defect in the building and structures on said demised premises, latent or otherwise, and Lessee agrees to indemnifiy and hold harmless Lessor from such liabfiity. 17. LTABII.ITY INSURANCE: Lessee shall maintain a comprehensive liab>Zity insurance policy covering the above-demised premises during the term of this Lease with a responsible insurance company, all at the sale cost and expense ofLessee, in the names and for the benefit of Lessee and Lessor in the sum of $i,UOO,ooo.04 single-limit coverage. Lessee shall furnish Lessor with a certificate of such liability insurance stating that said insurance is in fidi force and e$'ect during the term of this Lease or any extension thereof. LEASE With Option to Renew - 7 • 1s. FIRE AND EXTENDED COVERAGE INSURANCE: Lessee shall be obligated to maintain fire and extended coverage on the leased premises for the full insurable value thereof and Lessee shall name Lessor as an additional insured thereon. Lessee shall furnishLessor with a certificate of such insurance coverage at least annually. Lessee may maintain fire and extended coverage on the contents and personal property of Lessee located on or within the leased premises as Lessee desires, but Lessor shall be under no obligation to maintain any fire or extended coverage insurance on those contents or persona]. property of Lessee. 19. CONDEMNATION: If the entire premises, or a substantial part thereof, are condemned or taken by purchase in lieu thereof, then this Lease shall terminate as of the time possession is taken. Any condemnation award shall be divided between the parties hereto in accordance with and in proportion to their respective Lessor and Lessee interests. ~o. SURRENDER OF POSSESSION: Lessee agrees to surrender possession of said leased premises to Lessor at the expiration of this Agreement, or any extension thereof in the same condition as when the same were entered into by Lessee, wear and tear, reasonable use and occupancy and damage by the elements excepted. 2 i. DEFAULT AND FORFEITURE: Time and the strict and faithful performance of each and every one of the conditions of this Agreement is expressly made the essence of this Agreement If Lessee fails to make any payment, or fails to perform any other obligation unposed by this Lease Agreement, this shall constitute a default hereunder, and ifLessee shall fail to cure that default within thirty (s0) days after Lessor has served notice upon Lessee of said default indicating the manner in which Lessee is in default, Lessor, immediately, and without further notice or demand upan Lessee, shall have any or all of the following rights and options: LEASE With Option to Renew - 8 • • (a) To specifically enforce this Lease Agreement by suit in equity; {b) to declare this Lease Agreement null and void, forfeited and ternrinated,.as of the date of the breach, and to retain, as liquidated damages and reasonable rental, all payments theretofore made and all improvements placed upon the premises, and to enter and repossess said premises; (c) to mitigate Lessor's damages occasioned by Lessee's default by retaking possession of the leased property and reletting same, or any portion thereof, to other lessees, and, upon that occurrence, Lessee shall receive a credit against the rental due by Lessee under this Lease Agreement in the amount of rental received by Lessor from reletting the leased property, or any portion thereof, to other lessees. Lessee shall, however, remain obligated to Lessor, pursuant to the terms of this Lease Agreement, for the difference between the rental received by Lessor from reletting the leased property, or any portion thereof; to other lessees and the amount of rent due actually due pursuant to the terms of this Lease Agreement by Lessee. If Lessee shall fail to surrender possession of the demised leased property to Lessor, upon demand by Lessor, the Lessee shall be deemed guilty of an unlawful and forcible detention of said leased property, If Lessee shall abandon or vacate said leased property, or if this Lease Agreement be terminated for breach of any of the covenants and agreements herein contained, Lessee hereby agrees to pay aII reasonable expenses incurred by Lessor in obtaining possession of said leased property from Lessee, including reasanable legal expenses and attorney's fees, and to pay such other expenses as the Lessor may incur in putting the leased property in good order and condition as herein provided, and also to pay all other reasonable and necessary expenses or commissions paid by Lessor in re leasing the leased property. In the event of notification of default by Lessor to Lessee and Lessee does in fact cure such default, then and in that event Lessee LEASE With Option to Renew - 9 • • ~,. shall pay, in addition to all arrearages as existing under the notice of default, the reasonable attorneys fees incurred by Lessor in determination of the default and the notification to the defaulting Lessee. The foregoing rights and remedies are not intended to be exclusive, and all parties shall have any and all other remedies permitted in law or equity. The rights and remedies of the parties are not intended to be mutually exclusive except to such extent that they are inherently and necessarily contradictory, and it is intended that all permissible remedies and rights maybe exercised concurrently or successively, or both. 22. HAZARDOUS SUBSTANCES: Lessee represents and warrants that the premises will never be used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous substances as those terms are defined by applicable Federal or State laws and regulations. Lessee agrees to indemnify and hold harmless Lessor against any and all claims and losses resulting from a breach of this provision of this agreement. This obligation to indemnify shall survive the payment of the indebtedness and the satisfaction of this agreement 2S. TERMINATION: Notwithstanding the foregoing, this Lease shall terminate in the event the improvements to the leased premises as contemplatett by this Lease have not been completed by Lessee by June 1, 2001, and in that event, all rents theretofore paid by Lessee shall be retained by Lessor and Lessee shall not be entitled to any refund for prepaid rent 24. ATTORNEY'S FEES: In the event an action is brought to enforce any of the terms or provisions of this Lease, or enforce forfeiture thereof for default thereof by either of the parties hereto, the successful party to such action or collection shall be entitled to recover from LEASE With Option to Renew - 10 • the losing party a reasonable attorney's fee, together with such other costs as may be authorized by law. In case suit shall be brought for an unlawful detainer of the said premises for the recovery of any rent due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of Lessee to be kept ar performed, Lessee shall pay to Lessor all casts, expenses and attorney's fees which shall be incurred by Lessor in enforcing the covenants and agreements of this Lease Agreement 25. NOTICES: All notices required to be given to each of the parties hereta under the terms ofthis Agreement shall be given by depositing a copy ofsuch notice in the United States mail, postage prepaid and registered or certified, return receipt requested, to the respective parties as theix respective addresses as set forth in the beginning of this Lease Agreements or to such other address as may be designated by writing delivered to the other party. All notices given by certified mafi shall be deemed completed as of the date of mailing except as otherwise expressly provided herein. 2s. 'REPRESENTATIONS: It is understood and agreed by and between the parties hereto that there are no verbal promises, implied promises, agreements, stipulations, representations or warranties of any character excepting those set forth in this Agreement. 27. BINDING EFFECT: The provisions and stipulations hereof shaIl inure to the benefit of and bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto. 28. RECORDING: The parties hereto agree that they wfil not record a copy of this Agreement, Lessee's occupancy of said premises being notice of Lessee's interest therein, and LEASE VV'ith Option to Renew - i 1 • ! ~~ ~~ the recording of said Lease by Lessee shall, at the option of Lessor, constitute a default in the terms and conditions hereof. 29. SITUSs This Lease is established and accepted by the Lessee under the laws of the State of Idaho, and all questions concerning its validity, construction and administration shah be determined under such laws. S0. HEADINGS: The bolded paragraph headings are for convenience only and are not a part of this Lease agreement and shall not be used in interpreting or construing this Lease agreement. s X. SEVERABILITY: If any portion or portions of this Lease shall be, for any reason, invalid or unenforceable, the rema~inang portion or portions shall nevertheless be valid, enforceable and carried into effect, unless to do so would clearly violate the present legal and valid intentions of the parties hereto. IN WITNESS WHEREOF, the Lessor and Lessee do execute this Lease Agreement the day and year first above written. ATTEST: THE CITY OF MERIDIAN LFSSO~ a Robert D. Cowie t``~~l pf Ni'''~''~ ~9 c~`~~wo~,~ ti ~~ William G. Berg, Jr., Ci CIe z RESOLUTION NO._ = 9~, ~o~' ~~~~~Jltii~ illt'it-LW'ti LEASE With Option to Renew - 12 (. {".. ATTEST: RESOLUTION NO. STATE OF IDAHO, ) ss: County of Ada, ) BUII.DING, LLC On this `ZZ ~'~' day of _ ~ ~~~'-~''. ~OOO, before me, a Notary Public, personally appeared Robert D. Corrie and Wil3iam G. Berg, Jr., knows or identified to me to be the Mayor and the City Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. . ,~~^^^^•+~s ~,t~,~~' ' SC ,r~~~+ {SEAL) ;~i' ~ ~ ~t'`~. Notary Idaho ~~. . ~ Commission Ezpires: -r?~i ~b 6 oFl~ ta.^ STATE OF IDAHO, ) . ss: County of Ada, ) Oa this ~~ day of ~~i62~'s11.~,,~~, , ~ppp, before me, a Notary Public, personally arreared ~ and _, known or identified to me a be ~~~~,~,_ and .respectively, of Generations Building, LLC, who executed the instrument or the persons that executed the instrument on behalf of said Generations Building, LLC, and acknowledged to me that such Generations Building, LLC executed the same. Ns~-------•r~j. (S ~ ; otary Public for Idaho ,e ~'~ AIR y ~ „~.. : * ~ Commission Expires:_ ~!-~2..0 # pUr'~•• O '` `~ LEAs d',T •••° - ...~~ With Opt16~.~~~ is • ja/2:iWork\M\Meridien i5960M1stewarttanepixnoitlease.frm LEASE With Option to Renew - 14 { D ~~ ~ ~~ -~ S$ ~ ~ A~ ~~ ;~ :~: _~ • ••` ••'•P• • F~ 1' .1N .. •~ •J•j ••~V •~ • ••• .. •f ~•p • ~. • 0 . i 1. i. • j ~ J. ~ .~ i :~ • ~ ~ •. ~ '3 r t, • ,~ s :' r D ~ ~~ •,• •s.• ~. _ 1 ~rl- . •11J y ~~ hh~ Ml ~., 0 ,~ ~,. . .. +. r .5 S P1 ~ t ••••1• t .~.. U • f . . 1N. :. r. ti ~~ ~~ ~Z . ~ . ~ ~ M- yjiEST IdAHQ STREET October 5, 2007 ~~ MERIDIAN CITY COUNCIL MEETING October 9, 2007 APPLICANT ITEM NO. ~ J J REQUEST Discussion of Joint Meeting between City of Boise City Council and City of Meridian City Council AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meethtgs shall become property of the City of Meridian. i Tara Green From: Will Berg Sent: Friday, October 05, 200712:28 PM To: Joe Borton Cc: Tara Green Subject: FW: Joint meeting Bring up at workshop? -----Original Message----- From: Amanda Brown [mailto:ABrown@cityofboise.org] Sent: Thursday, September 27, 2007 2:22 PM To: Will Berg Subject: Joint meeting Hi Will! Peggy in the Mayor's Office said that you would be just the person that I needed! Council President Borton has been in contact with our Council President Elaine Clegg about gathering the members of the Boise and Meridian City Councils together for a joint meeting. Can you help me on gathering potential dates that would work for your Council and getting the meeting set up? Thanks! Amanda Amanda Brown Council Administrator (208)384-4410 abrown@cityofboise.org Will Berg From: Amanda Brown [ABrown@cityofboise.org] Sent: Thursday, September 27, 2007 2:22 PM To: Will Berg Subject: Joint meeting Hi Will! Peggy in the Mayor's Office said that you would be just the person that I needed! Council President Borton has been in contact with our Council President Elaine Clegg about gathering the members of the Boise and Meridian City Councils together for a joint meeting. Can you help me on gathering potential dates that would work for your Council and getting the meeting set up? Thanks! Amanda Amanda Brown Council Administrator (208)384-4410 abrown@cityofboise.org ~,",~ ~yw' as i Will Berg From: Peggy Gardner Sent: Wednesday, September 19, 2007 4:48 PM To: Will Berg; Sharon Smith Subject: Joint Meeting with Boise City Council Page 1 of 1 I received a message from Amanda at the City of Boise. She said Joe Gorton had talked with Elaine Clegg about setting up a meeting to discuss issues that impact Boise and Meridian. Robert thought you would schedule the council joint meetings. Amanda 384-4410 Joe Gorton talked with Elaine Clegg about a joint meeting to discuss issues PEGGY GARDNER Administrative Secretary to Mayor Tammy de Weerd City of Meridian Phone g84-2468 ext 204 9/25/2007 October 5, 2007 MERIDIAN CITY COUNCIL MEETING October 9, 2007 ~~/ 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: COMMENTS OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shaA become properly of the City of Meridian. • • ~~ ®C~ ®~ 2007 ~zty ~f Meridian City ~l~rk {~.F~e~ 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 October 9, 2007 Cycle 2 MAYOR: This letter attests to the fact that no water users have requested a pre-termination hearing for October 9, 2007. Users having delinquent utility bills will be shut off on October 10, 2007. The total amount past due is $ 17.928.11. The number of past due customers is 186. Jaycee Holman Billing Manager CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAxO 83642 208) 888-4433 crrY ci.Exx - Fnx 888-4218 crrY nTTOxrrEY / xR - FAx 884-8723 FuvArrcE & trrn.rrY Bu.LtNG - FAx 887 13 MAYOR's oF'FtCE - Fnx 884-8116 a CfT'Y OF MERIDIAN • Shutoff Account List -MASTER LIST Standard Payment Customers Current Period: 10/20/2007 -Transactions Included Through: 10/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Page: 1 Oct 09, 2007 04:41 pm Report Criteria: Terminated customers not included Customer.Cust No () _ {<}8800000001 Customer.Bill Cycle = 2 Customer.disconnected = No Customer.shut off list = No Ref No Cust No Name /Service Address Past Due Balance 1 3.15.0145.02 BERGERON, TROY $ TERESA 90.58 178.20 1822 RATTLESNAKE CT W 2 3.15.1403.02 IVERS, BEN & MIMI 82.51 139.15 1807 HAM RAPIDS ST W 3 3.15.1414.02 REYNA, ANTHONY & MARIA 100.88 153.09 1850 MARTEN CREEK DR W 4 3.15.3708.02 DAVIS, WILLIAM & KATHLEEN 97.28 151.75 2667 LADLE RAPIDS ST W 5 3.15.3801.01 WOLFE, BRANDON AND ZANE, STERL 73.41 116.81 5625 BIG CEDAR AVE N 6 3.15.4522.03 CARR, ERIC 173.85 237.17 2155 RATTLESNAKE DR W 7 3.18.0912.02 WATTS, HEATHER 83.81 129.34 2306 APGAR CREEK DR W B 3.90.0050.02 KNIGHTON, PAUL I£ NICOLE 78.02 128.50 5433 AREZZO AVE N 9 3.90.0609.03 AYALA, ROBERT 74.31 122.35 5296 AREZZO AVE N 10 3.92.0308.02 SOSA, MARCO & CELINA 72.87 120.61 3027 LOST RAPIDS DR W 11 4.70.2505.03 LEWIS, BRAD 81.18 128.52 5366 FOX RUN WAY N 12 4.70.2702.02 HARAS, RAY & DEBBIE 82.53 178.14 1298 BACALL ST W NO ARRANGEMENTS ALLOWED FOR RENTERS PER PM!!lIIII THIS IS A CASH ONLY ACCOUNT AS LONG AS THE RENTERS (HARAS) ARE LIVING AT THIS PROPERTY DUE TO PREVIOUS RENTALS BY THEM IN MERIDIAN. , ~ • CITY OF MERIDIAN Shutoff Account List -MASTER LIST page; 2 Standard Payment Customers Oct 09, 2007 04:41pm Current Period: 1 0/20/2007 -Transactions Included Through: 10/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 13 5.50.0311.02 MCCLINTOCK, DAN 79.00 132.56 863 BONffA CANYON ST E NO ARRANGEMENTS FOR THE RENTER PER THE OW NERI 14 6.06.2014.02 DOKE, BRIAN & SHARON 84.08 132.73 2310 COMISKY ST E 15 6.06.9992.03 STEWART, CHRISTOPHER 87.00 157.18 2020 WHITE HAWK CT E 16 7.40.0146.02 PARR, SUSAN 98.74 147.04 3535 SUMMERPARK AVE N 17 7.48.1624.02 ALLEN, RALPH 74.32 110.87 3763 PANKRATZ WAY N 18 7.48.2112.02 NUTT, DAVID 8 KATHERINE 98.05 154.85 2578 SATTERFIELD ST E 19 8.08.0154.03 W EBER, THOMAS 77.26 204.68 3253 LILY TURF AVE N 20 8.08.0544.02 DAVIDSON, TAMI 103.24 184.89 835 WASHAKIE ST E 21 8.08.0550.02 ULRICH, BRENT & ERICA 91.45 202.38 3880 LEGACY WOODS AVE N 22 8.08.1058.05 LOPEZ, THERESA & LITTY, JOSEPH 71.71 124.55 245 MOSKEE ST E 23 8.08.1554.05 FABITZ, DANIEL ~ CATHY 82.12 137.33 386 SANTIAGO DR E 24 8.08.5188.04 HAUGEN, CELINE 89.65 171.29 1198 GRAND CANYON ST E 25 8.30.2804.02 AZCUENAGA, T. ii HAMMONS, J. 80.37 125.42 3951 HERITAGE VIEW AVE N IF SHUT-OFF THE RENTER MUST PAY THE BALANCE AND THE TURN-ON FEE 26 8.81.0518.02 WILLIAM & TIFFANY REEDER 84.57 135.31 3958 W ESTON AVE N 27 8.81.0820.02 ROMAN, MARLENI 100.68 123.74 3850 KILBERRY AVE N CITY OF MERIDIAN Shutoff Account List -MASTER LIST Page: 3 Standard Payment Customers Oct 09, 2007 04:41pm Current Period: 10/20/2007 -Transactions Included Through: 10/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / SerNce Address Past Due Balance 28 9.09.0082.05 OSHIELDS, LISA 93.19 151.39 3787 ALEXIS WAY N 29 9.09.0284.02 MAIR, JULIE & BRUCE 69.71 116.09 3839 PRICE WAY N 30 9.09.0722.03 COUCH, BRUCE & CAROL 78.57 140.52 3875 THAIN AVE N 31 9.09.9020.02 ALLEN, NANCY & RUSSELL 92.48 152.82 4043 ZION PARK WY N 32 9.09.9318.02 HANSEN, EDWARD & KRISTIE 85.05 139.08 4376 TALL GRASS AVE N 33 8.15.3711.02 WADE PILLING, DR. 81.22 136.30 4795 SUMMIT WAY N 34 9.90.1912.02 ALLEN, RALPH 80.54 147.41 3945 BRYCE CANYON PL N 35 9.82.1206.03 GRAY, STERLING 84.84 212.81 1206 TIDA ST W 38 9.92.7102.02 BARNES, SABRINA 98.28 143.84 4488 MOLLY AVE N 37 10.10.0072.03 HARTLEY, DOROTHY 75.12 118.72 3137 PUDU CT W 38 10.55.1320.02 WEISWEAVER,CHARLESBJAMIE 82.59 136.59 2526 TORANA DR W 39 10.55.3008.02 MARTIN, MICHAEL & STEPHANIE 84.29 153.88 2376 QUINTALE DR W 40 10.55.3225.01 SAUL, KEVIN 73.03 314.44 1982 MILAZZO ST W 41 12.40.0209.02 MARTINEZ, ROBERT 82.24 185.01 3397 ELMSTONE AVE N 42 12.40.0221.03 VERHULST, PATRICE 61.88 139.47 3527 MAPLESTONE AVE N 43 12.40.0231.02 MILLER, M./AYEN W J FELL, T. 84.28 158.94 3498 ELMSTONE PL N NO ARRANGEMENTS FOR R ENTERSI I! I I I I I l l l l l l • CfTY OF MERIDIAN Shutoff Account List -MASTER LIST Page: 4 Standard Payment Customers Oct 09, 2007 04:42pm Current Period: 10/20/2007 -Transactions Included Through: 10/20/2007 Shutoff Mini mum of $ 50.00 compared to Delinquent Balance 44 12.40.0310.04 LAMSON, AARON & KRISTINE 97.71 139.24 3324 ELMSTONE AVE N 45 13.09.0819.03 NETTLEHORST, WILLIAM 91.08 151.88 2839 ELISHA AVE N 46 13.13.0020.02 HALE, DWAINE & LATICIA 108.88 285.09 4960 CLASSIC DR W 47 13.13.8122.03 BRINKERHOFF, JAMEE & DOUG 104.92 234.57 5078 FAIRBOROUGH DR W 48 13.13.8444.02 ELLIOTT, JOE & LISA 124.22 180.78 5080 MOONLAKE DR W 49 14.19.0224.08 WHITE, C. & JOHNSON, T. 70.72 118.12 2609 TURNBERRY WAY N 50 14.19.1202.01 PUGMIRE, JEFF & PAM 105.08 187.06 4733 DAWSON DR W 51 14.19.5494.05 BURCHFIELD, MATTHEW 89.45 146.37 2853 VALAM AVE N 52 14.20.0094.02 SHEA, JOE & SUZANNE 88.10 194.63 1962 PEARTREE AVE N 53 14.20.0140.02 TIDWELL, COREY 123.20 240.18 1721 GREENFIELD AVE N 09/01/04 - 09:54 AM -- BalderaM MARY BAILEY WAS OWNER ON THIS ACCOUNT BUT SHE HAS SOLD THE PROPERTY SO THEREFORE THERE WAS CHECK THAT SHE SEND IN CHECK NO 1877 FOR $53.72 THAT WAS APPILED TO THIS ACCOUNT AND IT SHOULD HAVE BEEN APPLIED TO THE PROPERTY ADDRESS 1480 N STONEHENGE WAY MERIDIAN ACCOUNT NO 225019323 WILL WRITE UP AN ADJUSTMENT TO HAVE THIS DONE 54 14.20.1708.01 CORDRY, MARK 130.80 271.98 2121 SCIOTO PL N 55 14.20.1910.02 WINN, MICHELLE 82.89 180.31 18651NTERLACHEN WAY 58 14.20.1990.02 FULLMER, LANE 8 ADAM 87.82 140.88 3727 QUAKER RIDGE DR 57 14.20.2042.02 LIZAMA 8 HERNANDEZ 78.63 218.89 1620 LAUDERHILL WAY N • CITY OF MERIDIAN Shutoff Account List -MASTER LIST Page: 5 Standard Payment Customers Oct 09, 2007 04:42pm Current Period: 10/20/2007 -Tran sactions Included Through: 10/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 58 15.15.0042.03 DAVIS, CAMILLE & FARRELL, D. 74.61 210.87 1680 CLAIRE ST W 59 15.15.1050.04 OLSON, MARK & JULIA 80.79 136.28 1703 LONESOME DOVE ST W 60 15.21.0012.02 RAINFORD, ROBERT & ALINDA 92.47 195.13 1722 TODD WAY 61 15.21.0038.03 DRAPER, RICHARD 92.32 188.54 1886 KRISTEN WAY 62 15.21.0506.02 HUMPHREY, DAVID & MARIE 122.73 212.73 2846 QUARRYSTONE WAY N 63 15.21.0508.02 PITCHER, CHRISTA & MIKE 108.84 255.66 2858 OUARRYSTONE WAY N CANCELED D/P FROM SAVINGS, AS BANK STATED °RDFI NOT QUALIFIED TO PARTICIPATE°--DB 9/11!07 PUT ON D!P (PITCHER/RENTER) 7/9/07 (SAVINGS)--DB 7/9/07 64 15.21.1004.02 RAMIREZ, TODD & ANNA 105.34 242.46 2981 QUARRYSTONE WAY N 85 15.21.1082.04 DONALDSON, DONNA 118.84 273.01 2863 FIELDSTONE WAY N NO ARRANGEMENTS FOR HUFF (?) CASH ONLY FOR HUFF DUE TO NSF TO GETIKEEP WATER ON. TO PROTECT OWNER, UNTIL FORM RECEIVED ADDING HUFF ON ACCOUNT, NO CHECKS OR ARRANGEMENTS ALLOWED: -DB BB 15.21.1078.02 COKER, RONALD B. 167.00 322.10 2717 WHITESTONE CT W 67 15.21.1116.03 BYRUM, STEPHANIE 105.78 218.56 2585 OLD STONE WAY N 68 15.21.1158.03 NILSON, ERIC & CHRISTINE 83.69 183.50 2472 MAXIE WAY N 69 15.21.1766.01 COFFMAN, RICK K. 82.02 194.31 1960 MARIANNA PL 70 15.21.1824.01 MORTON, PATRICIA 106.23 232.78 1963 TODD WAY ! • CITY OF MERIDIAN Shutoff Account List -MASTER LIST Page: 6 Standard Payment Customers Oct 09, 2007 04:42pm Current Period: 10/20/2007 -Transactions Included Through: 10/20/2007 Shutoff Min imum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 71 15.21.1934.01 JONES, DARICE 118.10 263.22 2612 MISTY DRNE 72 15.21.2058.05 SLADEK, GARY 75.82 125.03 1711 VICTOR AVE N 73 15.21.2828.03 McGUIRE, JOSEF & SARAH 85.13 198.73 2313 WARWICK AVE N 74 15.21.2840.08 ROBERTSON, SCOTT & JULIA 128.18 264.01 2999 BONNER ST W 75 15.21.2668.02 SEVY, JAMES 74.89 183.69 2302 MORELLO AVE N 76 15.21.2690.02 FINN, STEPHANIE 123.08 252.82 3072 KENDRICK ST W 77 15.21.2874.04 MEGLIOLA, LEONARD JR & 77.57 120.00 2952 FOXTROTTER DR W 78 15.21.2922.04 CUTLER, KIMBERLY 101.62 189.58 2805 ELK STREAM ST W CASH ONLY PERMANENTLY--CUSTOMER WROTE 2 NSF'S IN A MONTH-LAST ONE WAS TO GET/KEEP WATER ON.--DB-4/23/07 79 15.21.3034.05 MASELLI, TODD 85.45 214.53 3017 RAVENHURST ST W 80 15.21.3094.03 ZAVALA, AMANDA & DELANO 73.64 178.34 2918 THAMES AVE N 81 15.21.3168.02 FOWLER, MIKE 125.48 331.38 3038 THAMES AVE N 82 15.22.0330.01 JONES, ELDON & LORI 110.64 233.63 2312 MONACO WAY NO ARRANGEMENTS TIL 7/26/0711 DID NOT KEEP LAST ARRANGEMENTSIII 83 15.22.0790.03 CHRISMAN, RISHELLE 8 MICHAEL 70.83 181.42 2338 CHATEAU DR W 84 15.22.0866.03 ARGON, CHARLES & JESSICA 93.35 237.83 2310 KUBIK PL N 85 15.22.0946.02 MARTIN, JAMES 8 RUTH 103.91 210.72 2242 SANDALWOOD DR W • i CITY OF MERIDIAN Shutoff Account List -MASTER LIST Page: 7 Standard Payment Customers Oct 09, 2007 04:42pm Current Period: 1 0!20/2007 -Transactions Included Through: 10/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 86 15.22.1078.01 THOMPSON, JEFF 118.44 284.28 1955 SPARKLING PL N 87 15.22.1156.05 OVERTON, DAVID & KRISTINA 96.06 225.38 2303 RAINWATER CT W 88 15.22.1182.02 LUNDGREN, KRISTIN 124.74 287.28 2189 RAINFALL ST W 89 15.22.1214.03 HOWELL, TROY & MARY 109.47 231.94 2172 HENDRICKS ST W 90 15.22.1238.01 W EISS, DAVID M. 117.45 297.57 1853 COOL CREEK AVE N 91 15.22.1280.02 HERNANDEZ, STEVE & JOLENE 73.13 186.24 1859 RAINYCREEK PL N 92 15.22.1294.05 KOROL, JEROME 8 MARY ENSER 101.55 202.51 2102 LASHER COURT 83 15.22.1316.02 SHAW, OWEN & CHRISTINA 109.28 219.50 2007 MONACO WAY 94 15.22.1322.01 THEANDER, GLEN & KAREN 138.82 423.08 1845 MONACO WAY 95 15.22.1342.02 DUNN, LINDY 169.76 316.53 1877 MCGLINCHEY ST W NO ARRANGEMENTS ALLOWED & CASH ONLY FOR RENTER DUE TO NSF W RfTTEN TO GET/KEEP WATER ON BY KAYLA BURROUGHS. THIS IS TO PROTECT THE OWNER. 96 15.22.1418.02 EARLS, SCOTT & SHIRLEY 88.71 198.18 1745 MCGLINCHEY ST W 97 15.22.1452.01 HEELER, DENISE M. 74.68 163.44 1862 HILLMONT AVE N 98 15.22.1574.01 HEINTZ, JOSEPH 1895 CHATEAU DR W 99 15.22.2418.02 GINGHAM, KEVIN & NANCY 1795 TUMBLE CREEK DR W 100 15.22.2588.04 THOMAS, ALICE C 1883 LOW RY ST W 89.19 191.33 78.78 121.90 120.28 225.09 CITY OF MERIDIAN Shutoff Account List -MASTER LIST Page: 8 Standard Payment Customers Oct 09, 2007 04:42pm Current Period: 10/20/2007 -Transactions Included Through: 10/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 101 18.21.0309.02 SHADE, SHANE & TAMI 85.85 147.80 2759 RIDGEBURY AVE N 102 16.26.0311.02 PHERIGO, SHANNON & TROY 110.97 152.87 234 INDIAN ROCKS ST W 103 16.31.0226.05 AFRAM, HAMOURABI 78.95 132.93 1725 WEST 13TH ST N 104 16.31.0228.05 JACOBSON, CORY 74.76 117.91 1705 WEST 13TH ST N NO ARRANGEMENTS ALLOWED UNTIL 7/23/08--BROKE ARRANGEMENTS: -DB-7/24 105 18.31.0538.06 LEMA, BENJAMIN & HEIDI 94.98 219.53 1521 KINGSWOOD AVE 106 16.31.0648.01 SELLS, DAVID 72.96 141.50 1303 NEW PORT DR 107 16.31.0810.02 BOYLE, ARTHUR & MOLLY 77.74 137.10 2105 12TH ST NW 108 18.31.2240.02 KOBER, JAMES & IVY 82.86 168.10 1320 DARRAH DR 109 18.31.3284.02 PACE, ALAN & MARY JANE 71.83 118.05 1185 NEW PORT CT W 110 16.31.3502.03 PUTERBAUGH, RONALD & JUDY 82.37 177.43 1685 WEST 11TH AVE N 111 18.31.3594.02 STANDLEY, TERRY & HEATHER 87.85 252.98 925 YOST AVE 112 16.31.3816.01 REECE, DONALD 8 PATRICIA 81.94 178.33 2026 W EST 10TH AVE N 113 18.32.0230.01 MCFADDEN, LEONARD 8 CLEORA 97.79 301.18 104 CHERRY LN W 114 18.32.0568.03 HICKS, JAMES 8 NANCY 101.35 217.12 1919 CRESTMONT DR 115 18.32.0910.03 CANNELL, FRANK & CATHY 115.84 199.78 2395 KELSEY PL N 118 18.32.0918.05 DOLLINGER, MARILYN M 95.41 185.82 688 W ILLOW BROOK DR W , Cff Y OF MERIDIAN Shutoff Account List -MASTER LIST Page: 9 Standard Payment Customers Oct 09, 2007 04:42pm Current Period: 10/20/2007 -Transactions Included Through: 10/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 117 16.32.0970.04 MOTTY, WENDY 98.79 154.13 244 SPICEWOOD DR W 118 18.32.1144.02 MOORE, NATHAN 121.73 291.31 447 CHRISFIELD DR W NO ARRANGEMENTS FOR THE RENTERS PER THE OW NERD 119 16.32.1178.04 CROSE, JEFFREY 72.36 140.52 161 SPICEWOOD DR W 120 16.32.1304.06 BRECKENRIDGE, TRAVIS 98.66 157.71 361 WOODBURY DR W 121 16.32.1310.03 THOMMASON, KANE 84.16 129.20 213 WOODBURY DR W 122 16.32.1362.04 ASH, TRAVIS 103.00 231.26 308 WATERBURY DR W NO ARRANGEMENTS FOR RENTERSI!! I I I l l l l l l l l 123 16.32.1432.01 BUEHRING, RANDI 78.78 138.81 572 WOODBURY DR W 124 16.32.1460.01 OSBURN, JODY 71.31 137.93 958 WOODBURY DR W 125 16.32.1686.05 SANCHEZ, JAVIER 106.51 182.14 29 WATERBURY DR W 126 16.32.1714.01 HANNEMAN, KIM 153.81 235.86 348 CLAIRE CT W 127 17.07.0211.02 PAPE, MATT 107.70 181.25 3098 TIMBERFALLS WAY N NO ARRANGEMENTS ALLOWED AND CASH ONLY UNTIL 7/23/07 FOR PAPE. WROTE NSF TOGET/KEEP WATER ON.--DB-7/23107 128 17.07.0305.02 MALONE, JOSH 3087 TIMBERFALLS WAY N 129 17.07.0404.02 LYMAN, CHARLIE ~ GINA 2912 TIMBERFALLS PL N 130 17.33.1830.05 BROOKS, LINDA 149 WOODBURY DR E 88.54 141.87 76.34 128.45 94.87 182.04 CITY OF MERIDIAN Shutoff Account List -MASTER LIST Page: 10 Standard Payment Customers Oct 08, 2007 04:43pm Current Period: 10/20!2007 -Transactions Included Through: 10/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 131 17.33.2280.02 NGALU, ITILIAME 91.10 151.84 2511 ARROW WOOD WAY N NO ARRANGEMENTS FOR RENTERS PER HPMIIIIIIII!llll 132 17.33.2302.01 GARRARD, DALE 114.74 155.01 588 BROWN BEAR ST E 133 17.33.2592.03 ATWOOD, K. ~ KIBBEE, J. 87.05 142.83 884 WAKELY CT E NO ARRANGEMENTS ALLOWED FOR ANY RENTERS PER THE OWNERIIIIIIII 134 17.33.2748.03 MALVEAUX, KEVIN & DAWN 82.84 137.33 659 EDGAR ST E 135 17.33.2752.01 GRAVES, DENNIS 76.44 253.41 3120 CAPE COD AVE N 138 17.33.3748.04 PAASCH, ROSEMARY 73.35 88.53 546 HAWK ST E 137 17.33.4346.01 HOLLOWAY, PAIGE 72.88 137.52 2531 LARCHMONT AVE N 138 17.33.4348.01 KINGSTON, CHARLES 78.56 183.12 2538 TUSCAN AVE N 139 17.33.7618.04 HANSEN, RYAN K & SARA E 108.45 108.45 112 EASTBROOK CT E 140 17.34.0480.02 BARKER, JAMIE & GINGER 84.05 123.74 2181 SAPPHIRE PL N 141 17.34.0504.04 KESSLER, SHANNON 124.36 270.38 2088 SAPPHIRE PL N 142 17.34.0814.07 PENDLETON, WES & PAULA 71.88 148.53 953 BLUE HERON ST E 143 17.34.0822.01 SITZLAR, RON 139.40 220.90 973 BLUE HERON ST E CANCELED D/P ON 12/4/08 FOR RENTER (HAMER)---DB. PUT RENTER (HAMER) ON DIRECT PAY 7/17/08. 144 17.34.0906.02 DRANSFIELD, ROBERT 81.32 168.99 1185 HUNTER DR E • Cif Y OF MERIDIAN Shutoff Account List -MASTER LIST Page: 11 Standard Payment Customers Oct 09, 2007 04:43pm Current Period: 10/20/2007 -Transactions Included Through: 10/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 145 17.34.1002.04 HARRIS, JERRY 8 LYNNE 83.93 179.41 2463 ARCHERY WAY N 146 17.34.1046.02 HAMUDOT, NADIR 88.83 175.81 2528 BOBCAT WAY N 147 17.34.1178.02 SHERBURNE, BROOKE 108.40 205.28 2580 BLACK BEAR WAY N 148 17.34.1288.01 FOURNIER, JAMES 90.58 163.31 2567 BLACK BEAR WAY N 149 17.34.1298.02 KELLY, JASON & JENA 116.45 184.50 2431 BLACK BEAR WAY N 150 17.34.1654.05 W EISHAAR, GEOFF 8 LYNN 82.57 136.50 821 HAWK ST E 151 17.34.1898.01 EDINGER, REX S. 70.12 143.21 2111 LARK PL N 152 17.34.2144.02 GILL, JAMES & GRANDEE 103.16 205.27 1841 JERICHO RD 153 17.34.2846.01 GOWEY, MICHAEL 76.85 187.30 1287 SHARPTAIL ST E 154 17.34.2848.08 BEATIE, LEONARD & ANDREA 74.90 237.31 3043 YELLOW PEAK WAY N 155 17.34.3240.08 DE GUZMAN, ALICE 198.72 330.58 1399 RINGNECK DR E 156 17.34.3254.02 POULSEN, BRIAN 78.47 182.41 3065 SHEEPHORN AVE N 157 17.34.3288.01 SCOTT, DIANNA 180.08 335.42 3048 BIG ROCK PL N 158 18.41.0812.03 ROSS, LEANNE 71.55 111.05 2541 DEVLIN AVE N 158 18.42.1134.05 BATES, KEILA 138.95 224.35 2000 APPLEWOOD AVE N 180 18.42.1182.03 BOND, JENNIFER 127.54 176.31 2076 DIXIE AVE N CITY OF MERIDIAN Shutoff Account List -MASTER LIST Page: 12 Standard Payment Customers Oct 09, 2007 04:43pm Current Period: 10/20/2007 -Transactions Included Through: 10/20/2007 Shutoff Mini mum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 161 18.42.1164.01 MILLER, AMBER K 83.86 118.00 2100 DIXIE AVE N 182 18.42.1230.01 PURCELL, KATHY 82.93 120.94 2241 CLARENE ST E 163 18.42.1878.02 MOFFTT, DON 112.82 213.04 2072 SEQUOIA PL N 164 18.42.1886.02 POPE, GERARD & JANET 100.23 181.56 1770 OAKCREST DR E 165 18.42.1988.01 BARRY, CLAY A 129.93 237.81 1960 MEADOW WOOD ST E 166 18.42.1888.03 RANSOM, JON 142.01 226.04 2219 MEADOWROSE PL N 167 18.42.2066.01 SAWAS, NAJI 82.10 160.00 2092 DEVLIN AVE N 188 18.42.2146.03 VIRIGN, DEBORAH 78.65 144.70 2358 DEVLIN AVE N NO ARRANGEMENTS FOR RENTERSIII 169 18.42.2252.02 LLOYD, JASON & CODI 111.17 198.08 2220 CHATEAU DR E 170 18.42.2258.02 MOONEY, JUDY 85.12 158.08 2174 CHATEAU DR E 171 18.42.2300.02 WILSON, KATHEY 151.07 227.76 2318 DIXIE PL N NO ARRANGEMENTS ALLOWED FOR ANY RENTERS PER THE OWNERIII 172 18.42.2332.01 MARIN, JOSE 134.59 228.73 1902 GREENMEADOW CT E 173 18.42.2350.02 AILSHIE, WENDY 103.79 183.06 1787 GREEN MEADOW CT E 174 18.42.2464.03 HART, SEAN & HOLLY 87.41 142.53 2438 LOCHNESS WAY N 175 18.42.2530.02 CRAW FORD, CHRISTIAN 88.04 144.58 2031 LOCHMEADOW CT E NO ARRANGEMENTS TIL 11/24/071!1--CASH ONLY TIL 11/24/07 FOR CUSTOMER WHO WROTE NSF TO KEEP/GET WATER BACK ON. CITY OF MERIDIAN Shutoff Account List -MASTER LIST Page: 13 Standard Payment Customers Oct 09, 2007 04:43pm Current Period: 10/20/2007 -Transactions Included Through: 10/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 176 18.42.2568.02 ESLINGER, KELLY 122.88 222.77 2158 LOCHMEADOW CT E 177 18.42.2582.01 CHAPMAN, LORRI 109.16 184.12 2542 MEADOWGLEN PL N 178 18.42.2712.03 LESTER, DAVID 8 JUDITH 81.08 154.81 2581 LAUGHRIDGE AVE N 179 18.42.2718.03 BRYANT, JOHN 119.46 194.93 2507 LAUGHRIDGE AVE N 180 18.42.2726.04 NONENMACHER, NICHOLE 75.41 148.62 1924 GLENLOCH ST E 181 18.42.2736.02 MARKOWSKI, MAREK 8 KIMBERLY 110.82 173.78 1817 MEADOWGRASS ST E 182 18.42.2752.02 BROWN, MICHAEL & DARLA 79.37 128.18 1900 MEADOWGRASS ST E 183 18.42.3112.04 PARKER, JAMIE 8 MIKE 100.75 141.33 1858 CHIMERE DR E 184 18.42.4068.02 WHEELER, BRYAN 100.83 139.00 1838 COUGAR CREEK DR E 185 18.43.0328.02 RODIN, ADAM & HEATHER 98.96 197.92 2288 CHANDRA WAY N (CORNER7) NO ARRANGEMENTS TIL 7/28/07111--CASH ONLY PERM: CUSTOMER W ROTE NSF TO KEEP/GET WATER BACK ON. 2ND NSF 186 19.10.1322.02 EAGANS, ROGER & CHRISTINE 87.00 138.69 4195 ARCH DR E NO ARRANGEMENTS FOR THE RENTERS PER THE OWNERII Grand Totals: 186 Customers Listed 17,928.11 34,021.08 Report Criteria: Terminated customers not included Customer.Cust No () _ {<}8800000001 Customer.Blll Cycle = 2 Customer.disconnected = No Customer.shut off list = No