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HomeMy WebLinkAbout2007-01-02 =~ k~~,. f CITY OF ~.,~ eY1~IG~17 + ~ y 1DAH0 1'~ ~y ~~ Fc ~ Tr~ensu~ V nuE~ seec~ 1903 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambelrs 33 East Idaho Avenue, Meridian, Idaho Tuesday, January 2, 2007 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testi-nony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Vacant ~ Joe Borton _~ Charlie Rountree _~, Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 5 y ~~t/2 S.7~lldvwa~ 3. Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle: pr-Q SehtedJ 4. Adoption of the Agenda: ~~j7r~•v~c~ 5. Special Recognition to Sandy Salvesen: ~j`"~'~`a' 6. Consent Agenda: A. Approve Minutes of October 2, 2006 City Council Joint Workshop Meeting: e~~ryY,,,,~ B. Approve Minutes of November 28, 2006 City Council Regular Meeting: ~jono-~c~ C. Approve Minutes of December 5, 2006 City Council Regular Meeting: G7~~vc, D. Resolution No. ~ 7'' S~`~ :VAC 06-014 Request for a Vacation of the 20 foot wide utility and imgation easement located Meridian City Council Meeting Agenda -January 2, 2007 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ on the west half of Lot 13 of Crestwood Subdivision No. 1 by Brighton Development, Inc. - 4055 East Leigh Field Drive: ~jo,~orc. E. SHP 06-012 Request for Short Plat approval for 3 condominium units on 1 lot in a C-G zone for Bonito Condominium No. 1 by WM David Evans - 2949 East Copper Point Drive: a~j-,r~~.. F. SHP 06-013 Request for Short Plat approval for 21 condominium units on 2 lots in a C-G zone for Bonito Condominium No. 2 by WM David Evans - 3023 East Copper Point Drive: a~/nvc.. G. Agreement for Independent Contractor Services with Star Construction, LLC for Temporary Septic Tank Construction: ~p/~~ H. Water and Sewer Easement Agreement for Sundance Subdivision No. 5 by Settlers Crossing, LLC: alr~~ I. Water Main Easement Agreement for Cherry Lane Christian Church House Relocation by Cherry Lane Christian Church: •~~a~ J. Change Order Number 3 to Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation with Cascade Pipeline Corporation for $1,000.00: L~~~v~c, K. Task Order 0658a with Civil Survey Consultants, Inc. for Surveying Services Related to Water Main Easement not to exceed $2,000.00: w~~~ L. Approval of State Highway 20/26 Corridor Study Letter: ~~,,,,~ M. Agreement for Economic Development with Virtus Enterprises, LLC: ~~-~,,•c~ N. Agreement with New Heritage Theatre Company: ~ ~io /- J.-o7 7. Special Recognition /Presentation by Mayor de Weerd: -~'o ~~~hWa~dfG 8. Swear in David Zaremba as^Council Member Seat # 1: ~'r~r~-~- ~ ~ Gi 9. Department Reports: A. Planning Department 1. Discussion of Proposed City Council - ACHD Commission Joint Meeting Topics: r-,~~~~~s,,,toC. Meridian City Council Meeting Agenda -January 2, 2007 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • B. Mayors Office 1. Appointment of Planning and Zoning Commissioner: <T~h. Zook _ a~,~-~,.ov~t ~iL~vt ~i~dowa y 2. Appointment of Parks and Recreation Commissioner Youth Member -Stephanie Priess: ~~~+~{- 10. Items Moved from Consent Agenda: ha,tic.. 11. Public Hearing: AZ 06-055 Request for Annexation and Zoning of 1.12 acres from RUT to an R-4 zone for Gene and Freda Babbitt by the City of Meridian Public Works Department - 2570 South Locust Grove Road: /~-~~ d.,t- ,~/~' ~ G~..e ,~,.- ,~~n-c, 12. Public Hearing: AZ 06-053 Request for Annexation and Zoning of 2.0 acres from RUT to a L-O zone for Ada County Highway District Locust Grove Road Pond by Ada County Highway District - 1280 North Locust Grove Road: ~,~,~~Q-~. yGl~c ¢ ~~~ ~. ,~~,~~.~ 13. Ordinance No. _ d 7 - l 2 ~ ~ AZ 06-038 Request for Annexation and Zoning of 5.53 acres from RUT to an R-8 zone for Nursery Subdivision by Gary Fors - 570 South Linder Road: A,P~y,nov-v 14. Ordinance No. ~ 7 '" l Z ~ ~ Amendments to Do4 Licensing Ordinance: ~„„ ~,.t 15. Ordinance No. 07-899: AZ 00-006 Request for annexation and zoning of 12.73 acres from RT to L-O and R-15 zones by Vicki Welker /Gold River Companies, Inc., for proposed Sommersbv Subdivision fka Valeri Heights Subdivision at the northeast comer of West Pine Avenue and North Ten Mile Road: k jrrr~vK- 16. Election of City Council Officers: t~o~ /'~~ ~' ~Jr2di7,(Gr~.t' Meridian City Council Meeting Agenda -January 2, 2007 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Aevs~ Par ~'v R~~~ ~lo-hec. ~an~,s• a_ ~ . CITY OF ~~~~Yi~i~n ;, 1DAH0 , f~ h Fc ~~ ~ T`~ns°`eE V nu~'~ ~ ~s03 CITY COUNCIL REGULAR MEETING AGENCA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, January 2, 2007 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Vacant Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: 5. Special Recognition to Sandy Salvesen: 6. Consent Agenda: A. Approve Minutes of October 2, 2006 City Council Joint Workshop Meeting: B. Approve Minutes of November 28, 2006 City Council Regular Meeting: C. Approve Minutes of December 5, 2006 City Council Regular Meeting: D. Resolution No. :VAC 06-014 Request for a Vacation of the 20 foot wide utility and irrigation easement located Meridian City Council Meeting Agenda -January 2, 2007 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. on the west half of Lot 13 of Crestwood Subdivision No. 1 by Brighton Development, Inc. - 4055 East Leigh Field Drive: E. SHP 06-012 Request for Short Plat approval for 3 condominium units on 1 lot in a C-G zone for Bonito Condominium No. 1 by WM David Evans - 2949 East Copper Point Drive: F. SHP 06-013 Request for Short Plat approval for 21 condominium units on 2 lots in a C-G zone for Bonito Condominium No. 2 by WM David Evans - 3023 East Copper Point Drive: G. Agreement for Independent Contractor Services with Star Construction, LLC for Temporary Septic Tank Construction: H. Water and Sewer Easement Agreement for Sundance Subdivision No. 5 by Settlers Crossing, LLC: I. Water Main Easement Agreement for Cherry Lane Christian Church House Relocation by Cherry Lane Christian Church: J. Change Order Number 3 to Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation with Cascade Pipeline Corporation for $1,000.00: K. Task Order 0658a with Civil Survey Consultants, Inc. for Surveying Services Related to Water Main Easement not to exceed $2,000.00: L. Approval of State Highway 20/26 Corridor Study Letter: M. Agreement for Economic Development with Virtus Enterprises, LLC: N. Agreement with New Heritage Theatre Company: 7. Special Recognition /Presentation by Mayor de Weerd: 8. Swear in David Zaremba as Council Member Seat # 1: 9. Department Reports: A. Planning Department 1. Discussion of Proposed City Council - ACRD Commission Joint Meeting Topics: Meridian City Council Meeting Agenda -January 2, 2007 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Meridian City Council Meeting January 2, 2007 A meeting of the Meridian City Council was called to order at 7:10 P.M., Tuesday, January 2, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Charlie Rountree and David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, John Overton, Joe Silva, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call this meeting to order. Welcome to the Meridian City Council meeting. It is January 2nd. It's ten minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: I would like to wish you all a Happy New Year and if you notice I'm here celebrating the Broncos and I say Go Broncos. You know, it's not just Boise, it's Boise State University and we all celebrate the victory that they had last night. Certainly made the entire state of Idaho proud. So, I couldn't help myself. Okay. Item 2 is our pledge of allegiance. Tonight we will ask our former staffer Steve Siddoway and Boy Scout to lead us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle: De Weerd: Thank you, Steve. Usually we present a City of Meridian pin to the person who leads us in the pledge, but we know you have one, so I will forego the ceremonial presentation. Item 3 is our Community Invocation. Tonight we will be led by Pastor Burton Roberts. We appreciate you being here with us. He's with Meridian Gospel Tabemacle. If you will all join us in the community invocation or take this as a moment - - or an opportunity for a moment of silence. Robert: Thank you, Mayor and Members of the Council for this privilege. Let us pray. Most gracious and kind Heavenly Father, we do pause this night in the midst of all the reason we have to share together the joys of living in this wonderful state and in this Meridian City Council January 2, 2007 Page 2 of 24 wonderful city. We do seriously ask, Father, that you would allow us to invoke your presence upon the proceedings tonight. We come to these always knowing that we need wisdom, we need guidance, we need your strength to proceed as a community. We are so thankful for the many blessings that you have bestowed upon us. We thank you for the leadership that we have in this city. We ask, Father, that this night, indeed, you will guide and lead and direct each part. We ask these things in the wonderful name of Jesus Christ, our Lord and Savior, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor Roberts. We appreciate you being here with us tonight. Item 3 -- or Item 4 is adoption of the agenda. Bird: Madam Mayor'? De Weerd: Mr. Bird. Bird: Item D on the Consent Agenda, the resolution number is 07-544. We have been asked to table Item N on the Consent Agenda to January 9th, 2007. And Item 13 and 14 ordinance numbers 07-1284 and 07-1285 and with that I would move that we approve the agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as presented -- or, I'm song, as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Special Recognition to Sandy Salvesen: De Weerd: Now I found out how loud Mr. Wardle was. I was missing an aye there. Okay. Item 5. We have an opportunity to kick off our year in a very appropriate way. I was fortunate to have received a very heart-felt a-mail from Sandy Salvesen's husband and it went beyond just being a proud husband, I think it's certainly something that reminds us of our responsibility to the families that are left here behind for our deployed veterans and soldiers and the roll that we can play to make things better for the families and for our military soldiers that are serving. So, I'd like to read you kind of a -- some portions of that a-mail if I could. This is from Sergeant First Class Daniel Salvesen of Meridian and he wrote: Hello. I am a Meridian, Idaho, soldier deployed from Afghanistan. My wife Sandy Salvesen -- and I'm sorry if I keep messing up your name - - has taken it upon herself to help the soldiers from my aviation unit by sending hundreds of donated gifts, such as model cars, craft kits, ceramics, books and more. She is very shy and feels it is no big deal, but she has no idea how much it positively impacts our Idaho soldiers. I did not ask for the good will my wife has sent. She took it upon herself. My wife is like that, a very giving person. She did this with the help of Meridian City Council January 2, 2007 Page 3 of 24 veterans and staff at the VA hospital in Boise where she works. You see, she was in the Army for four years and her dad was in the military for 30 years, so she knows what it's like. When she started asking around at the VA hospital to see what they could do for deployed soldiers she was swamped by responses. The VA donated hundreds of model cars, helicopters, wood and leather craft kits, books, games and paints. My wife was so excited to send them, too, but she had one minor problem and that was how she was going to pay for shipping. She found it hard to raise the postage money. My two children also wanted to help, so they went door to door asking for donations. Sandy finally figured it all out. She went to the post office in Meridian and got several hundred flat rate boxes and she and the kids packed them with the donated items. It took about 1,500 dollars to send them. Sandy got the help of several people from the VA, the VFW post and other outside entities who set up donation cans. They eventually collected enough donations to ship all the boxes. Sandy spent countless hours packing, organizing and sending boxes and I commend her. Once I saw the looks on the soldiers' faces I knew Sandy had touched the hearts of everyone and made them happy. Soldiers still come up to me and ask if we are going to receive anymore packages, because they enjoyed them so much. Sandy is a very caring and giving person and when she sets out to accomplish something she usually finds a way to accomplish it. I'm very proud of her and want to say publicly that she is my hero. And, Sandy, I would like to say that -- and I'm sorry my voice was kind destroyed last night at the football game, but you are our hero, too, and I would like to recognize you. If you will, please, come forward. Okay. One thing I was not blessed with is not to be emotional as a mayor. That's one thing I just haven't gotten about this job, you know. So, pray for strength, Pastor Burton. Okay. This is a certificate of recognition and it's presented to you, Sandy, with love from your husband and appreciation from the City Council and myself from the City of Meridian. In recognition of your personal investment of time and resources to make a positive difference in the lives of soldiers serving our country overseas, your tireless work on behalf of these brave men and women is greatly appreciated and sets a shining example of volunteerism for us all. Thank you so much. Do you have anything you would like to add? Salvesen: There is a lot of people out there that need to have this. I don't think that I should have awards. There is a bunch of people that helped get this all together and there is more out there that are helping and I think they should be recognized, too, but I don't know how to do that. But thank you. De Weerd: Well, thank you, Sandy. And, you know, by recognizing you, Sandy, it gives us a chance to let others know those efforts are appreciated. And I know there is heroes all over our communities in this valley, but we appreciate the example that you set and a model and a reminder of the soldiers that are over there serving our country and how important they are and how important their families at home are, too. So, thank you so much for joining us. Salvesen: Thank you. Meridian Ciiy Council January 2, 2007 Page 4 of 24 De Weerd: And are these your kids? If we could get you to stand up and if you will tell us your name, we would appreciate it. Tyler, how old are you? You're 13. Danielle is 16. We appreciate what you have done to support your mom, too, in this endeavor. I'm sure that it was a collective effort and we appreciate your family and what you have done. And Kristen and Jim, what is your relationship? Are you with the VA hospital? Thank you for joining us tonight. We appreciate your efforts. We appreciate the service to our country. Thank you. Item 6: Consent Agenda: A. Approve Minutes of October 2, 2006 City Council Joint Workshop Meeting: B. Approve Minutes of November 28, 2006 City Council Regular Meeting: C. Approve Minutes of December 5, 2006 City Council Regular Meeting: D. Resolution No. 07-544 VAC 06-014 Request for a Vacation of the 20 foot wide utility and imgation easement located on the west half of Lot 13 of Crestwood Subdivision No. 1 by Brighton Development, Inc. - 4055 East Leigh Field Drive: E. SHP 06-012 Request for Short Plat approval for 3 condominium units on 1 lot in a C-G zone for Bonito Condominium No. 1 by WM David Evans - 2949 East Copper Point Drive: F. SHP 06-013 Request for Short Plat approval for 21 condominium units on 2 lots in a C-G zone for Bonito Condominium No. 2 by WM David Evans - 3023 East Copper Point Drive: G. Agreement for Independent Contractor Services with Star Construction, LLC for Temporary Septic Tank Construction: H. Water and Sewer Easement Agreement for Sundance Subdivision No. 5 by Settlers Crossing, LLC: I. Water Main Easement Agreement for Cherry Lane Christian Church House Relocation by Cherry Lane Christian Church: J. Change Order Number 3 to Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation with Cascade Pipeline Corporation for $1,000.00: Meridian City Council January 2, 2007 Page 5 of 24 K. Task Order 0658a with Civil Survev Consultants. Inc. for Surveying Services Related to Water Main Easement not to exceed $2,000.00: L. Approval of State Hiahwav 20/26 Corridor Stud Letter: M. Agreement for Economic Development with Virtus Enterprises, LLC: De Weerd: Okay, Council, I am getting better at that this. At least I didn't sob this time. Okay. Item 6, our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Item D is resolution number 07-544 and also Item N has been asked to be pulled and tabled to January 9th, 2007. With that I move that we approve the revised agenda, Consent Agenda, and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda with the removal of Item N. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Special Recognition /Presentation by Mayor de Weerd: De Weerd: Okay. Council, I know that there was discussion prior to this next item that there needed to be some kind of a recant of a previous presentation from at that time Councilman Wardle with a BSU fight song, but I guess we will forego that tonight. If you will, please, come up to the front. Okay. Where is Shelly? Well, Councilman Wardle, I guess can I still call him that? Former, past, expired Councilman Wardle. We appreciate your service to the community. We have enjoyed serving with you on Council. I think we all said all the flowery things last meeting and they were heart felt and certainly deserved and I would like to present you with this plaque and I will read this to those in attendance. To Shaun Wardle, City Council Member, City of Meridian, presented in recognition of your contributions and service to the City of Meridian as City Council Member from January 2004 to December 2006. The City of Meridian greatly appreciates your dedication and commitment to serve this city and community. So, we present this to you with our heart felt thanks for your service. ~ i Meridian City Council January 2, 2007 Page 6 of 24 Wardle: Thank you. De Weerd: Now, this is also ceremonial, too, is the presentation of his name tag. We already tried to reuse it, because we like to pinch every penny, but since we can't I am going to present this to you and display that with pride. Wardle: Thank you. De Weerd: Thank you. And, Councilman Wardle, felt that it was very appropriate that I presented that plaque to in my Bronco blue. Wardle: That will go down in the record as one of the best games I have ever seen. De Weerd: Okay. Will you, please, step up to the mike to say that? Dean, did you get that? Okay. Thank you. We wanted to make sure we had something else on the public record from Shaun Wardle before he departed. Rountree: It sounded like a motion. Bird: Yeah. De Weerd: Well, Council, I would like to -- I haven't been listening to the news or radio reports, but when the Broncos come back in town I -- Rountree: They are back. De Weerd: They are? Rountree: Yeah. Bird: Just some of them. Some of them come back. A lot of them went home to their families, so -- De Weerd: There was no ceremonial return in the airport or anything like that? Berg: Yes. At the Varsity Center. Bird: Yeah. De Weerd: Oh. Well, then, I hereby proclaim today as Bronco Day in the City of Meridian. Bird: Mayor Beiter gave them the key to the city and Governor Otter gave them the red carpet. De Weerd: Well, very good. Meridian City Council January 2, 2007 Page 7 of 24 Bird: Orange, blue, and white. De Weerd: Very well deserved. Bird: They will have -- I'm sure have a parade through downtown and at that time, Mayor, I hope you can participate. De Weerd: Well, I think as many times as -- I saw some cars driving down the road today, everyone was flying their Bronco flags and so I can proclaim today as Bronco Day -- BSU Bronco Day in the City of Meridian and that's why I'm dressed like this. Item 8: Swear in David Zaremba as Council Member Seat # 1: De Weerd: Okay. Item 7 is -- Item 8. We will ask our clerk to, please, swear in our new Council Member David Zaremba for Seat No. 1. Mr. Zaremba. Berg: Okay. Please raise your right hand and repeat after me. I, David Zaremba, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Idaho and the Laws and Ordinances of the City of Meridian, Idaho. And that I will, to the best of my ability, faithfully perform the duties of the office of City Council in the City of Meridian, Idaho, during my continuance therein, so help me God. (Repeated by Councilman Zaremba) Berg: Congratulations. Zaremba: Thank you. De Weerd: You can join us up at the dais and, then, you can say a word. Berg: Right here. You're sitting right here. De Weerd: Now, wait, you have to have a hug from your wife first. Hey, David. We are all about protocol here. Zaremba: Thank you all very much. It is an honor to accept this appointment and I offered to make some remarks about what I expect my priorities to be and immediately, no surprise to anybody, I'm actually going to go sideways from that. A couple of things. Local events. I had the opportunity to be at the BSU game in Phoenix. It was exciting. It was a heart stopper two or three times and I'm thrilled for the local joy. Also, on the national stage, this being a national day of mourning, there are small circles in the world and big circles in the world. My brother and my sister and I were born in Grand Rapids, Michigan. My parents had a small business there. They were very active in the community. They were friends with a young lawyer named Gerald Ford. My dad and Meridian City Council January 2, 2007 Page 8 of 24 Gerald Ford stayed in touch throughout the years and he has in his files, although my dad is gone now, too -- he has in his files a couple letters on Whitehouse stationery and one of the things that he always said about Gerald Ford was here is a man that what you see is what you get. Truly a nice man. And this is being repeated over and over in the media, but I'm sure people feel the media is obligated to say that when a president passes on. It's actually the truth in this case and from a friend of his, my dad, I can verify that that is the truth. Beyond that, I would like to introduce here to see my swearing in is my wife Euphemia Zaremba. Sitting next to her is my Grandmother Georgia James. My wife occasionally tries to convince me that she was her grandmother first, but we have adopted each other, so we kind of cut my wife out there. Beyond that I would like to appreciate the honor that Mayor Tammy de Weerd has bestowed on me by appointing me to this position and that the Councilmen Rountree, Bird, Borton, and former Councilman Shaun Wardle, by confirming my appointment to this position, I appreciate that. I certainly hope I can live up to that honor and I'll give the short version of my priorities. Transportation, Economic Development, and a Junior College in Meridian. But beyond that I hope that as I serve the City of Meridian people are able to say of me that what you see is what you get and that I treat everybody fairly. Thank you very much. De Weerd: Well, having served the city for six years on planning and zoning I think so far so good, what you see is what you get, and we appreciate every moment you have given this community and we welcome you to sit up here with us and we look forward to serving with you. Zaremba: Thank you. De Weerd: So -- and thank you, Renee, and Grandma. Because I didn't even know your name, I just know you as Grandma, so -- we appreciate you being here to support David tonight and it is the beginning of that, so beware. And I had to do that after he was sworn in, not before. We didn't want you to change his mind. Okay. Item 9: Department Reports: A. Planning Department 1. Discussion of Proposed City Council - ACHD Commission Joint Meeting Topics: De Weerd: Okay. Under department reports, Item 9-A, our planning department. Canning: Madam Mayor, Members of the Council, I just wanted to give a quick update on the draft agenda for the joint meeting with the Ada County Highway District. Because of the holidays we have had a hard time getting this circulated, so we just wanted to make sure you were aware of what was on the draft agenda at this point. As I was driving here I realized there is another important item to add to that -- would be an update on the downtown Meridian transportation management plan they are working on Meridian City Council January Z, 2007 Page 9 of 24 the details of that now and there may be some changes that you need to be aware of. So, I would ask that that be included on the agenda. And, then, for next month it also might be wise to get an update on the 3rd Street extension for Meridian. Other than that I would like to know if there is anything you would like us to request be on that agenda. It is getting fairly full, but if there is another important item we will get that on there. De Weerd: Okay. Council, I know that we did receive an a-mail from Pete and -- who made a couple of suggestions. Mr. Berg, maybe you could tell us what the agenda is looking like right now. Canning: Oh, I'm sorry. It's on your sheet that I usually give you, your project update sheet. I put it on there. De Weerd: Okay. That is -- that's very impressive. All in an hour. Council, any questions? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Anna, the only thing that -- and I think it's a short item -- a brief update or refresher on the Locust Grove status and timeline. I don't think that's a bad idea to hear about that even quarterly. Canning: The roadway or the overpass, sir? Borton: Roadway. Canning: Thank you. De Weerd: Okay. I don't think other is going to be on there, because time will not permit anything further. But, Mr. Berg, if you can submit that on behalf of the city as an agenda for our joint hearing to be held next Monday and for those in attendance we have listed here introduction of our new city councilman, who is not a stranger at ACHD, so that one will be brief. Update on Ten Mile interchange specific area plan, which the City of Meridian will provide. Update on ACHD's five year work program provided by ACRD. Status of impact fee collections also presented by ACHD. Discussion of revenue increasing options and also discussion on upcoming legislative session that will be a joint discussion. And the addition of a request for an overview on the Locust Grove Road improvement, as well as the downtown traffic management plan. Does that sound good, Council? We will do 3rd Street at our next quarterly meeting. Okay. Got it, Mr. Berg? Okay. Thank you. B. Mayors Office 1. Appointment of Planning and Zoning Commissioner: ~ ~ Meridian City Council January 2, 2007 Page 10 of 24 De Weerd: Okay. Under the Mayor's office, with the departure and addition of Councilman Zaremba a and, now, see I got to say Councilman Zaremba first. Zaremba: Thank you. De Weerd: I might add. We do have a vacancy on the Planning and Zoning Commission. I have talked to all of -- each of the Planning and Zoning Commissioners individually to talk procedurally about the direction we wanted to go and I do bring in front of you an appointment of a former employee and who is now working in the private sector in transportation planning and other stuff, so -- that was technical, uh, Steve. My appointment in front of you tonight for your consideration for Planning and Zoning Commissioner is Steve Siddoway. The term will be until January of 2009, which will complete Councilman Zaremba's term and I would like to ask for your consideration and approval of this appointment. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I, for one, think it's a fantastic addition to Planning and Zoning. I think Steve will do a wonderful job and is going to be an excellent fit there and a definite value to the City of Meridian. He has my wholehearted support. De Weerd: Thank you. Rountree: Madam Mayor, I concur and with that I would move that we approve the appointment of Steve Siddoway through the January 2009 term as a Planning and Zoning Commissioner. Borton: Second. De Weerd: Okay. I have a motion and a second to approve the appointment of Steve Siddoway as Planning and Zoning Commissioner. He will get to experience a seat on the other side of the bench and -- Zaremba: Madam Mayor, discussion? De Weerd: -- that would be -- yes, I'm sorry -- that would be until January of 2009. Mr. Zaremba. Zaremba: I did not want to leave off my words of support. I realize the vote indicates my word in support, but I can't think of anybody other than Steve Siddoway that I would like to have on the Planning and Zoning Commission. He has served the City of Meridian well. He and I have talked about many subjects over the years and I'm thrilled to have him available for the position. Meridian City Council January 2, 2007 Page 11 of 24 De Weerd: Thank you. I appreciate Steve's perspective and I tested it out a couple weeks ago. He still bleeds Meridian, so I think that qualifies. Okay. If there is no further discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Steve, do you want to say anything? Welcome back to town, by the way. Siddoway: Thank you. It's great to be here. I just want to say that I love this city. I have loved it since the day I moved in. I loved my time as staff to the City of Meridian in the Planning Department and serving the Planning and Zoning Commission in that capacity. This will be a new role for me. It's an opportunity for me to get back to this city that I love so dearly and to help shape its future. It's an important time. There is much going on. We are seeing -- we are still seeing great growth and I hope to bring a planner's perspective to that Commission and I thank you very much for this opportunity. De Weerd: Thank you. And, Jill, we thank you, too, because I think you already know what he's getting into and the time commitments. So, we appreciate your support and displaying that support by being here with him tonight. So, thank you. And, Steve, we look forward to having you serve on the volunteer side of things. So, we look forward to that. 2. Appointment of Parks and Recreation Commissioner Youth Member -Stephanie Priess: De Weerd: Okay. Council, Item 2 is appointment to the Parks and Recreation Commission of our youth member. Stephanie Priess is a senior, so this appointment will be through the end of her term as a student, but she has already been in front of the Parks Commission a couple of times. She headed up a sub committee that brought her recommendation from the Mayor's Youth Council on the skate park and how to address the ever -- never ending, I should say, debate on whether we should allow bikes on the skate park and I think they brought back some good dialogue to the Commission and some recommendations. Stephanie is my nomination for the youth member and that is usually only a year appointment, because of the constant movement of students, so I would recommend that it is through the end of August of this year 2007 and we will open it up for discussion. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council January 2, 2007 Page 12 of 24 Borton: The Parks Commission -- the Parks and Rec's Commission does a great job, it works hard with you in a variety of parks and rec applications and I think the inclusion of Stephanie will be a valuable addition to the commission. I think they wholeheartedly will welcome her -- her insight and perspective and with that I would move that we approve the appointment of Stephanie Priess to the Parks and Rec Commission through the end of August of '07. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the appointment of Stephanie Plriess to the Parks and Recreation Commission through the end of August 2007. If there is no discussion, Council, I will ask Mr. Berg to call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: Items Moved from Consent Agenda: De Weerd: Thank you. And thank you, Council. There were no items moved from the Consent Agenda. Item 11: Public Hearing: AZ 06-055 Request for Annexation and Zoning of 1.12 acres from RUT to an R-4 zone for Gene and Freda babbitt by the City of Meridian Public Works Department - 2570 South Locust Grove Road: De Weerd: So we will move to Item 11, which is a Public Hearing on AZ 06-055. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Gene and Freda Babbitt application. It's on the east side of Locust Grove Road, approximately a quarter mile south of Victory Road. You can see it there. It is an application for annexation and zoning. The Public Works Department is the applicant and they have applied for annexation and zoning to R-4 for approximately 1.12 acres. The site currently has one single family residence building and an accessory building and those will remain. The request for annexation is based on the fact that the well service to the house has dried up and the home needed to be hooked up to city water. Gene and Freda Babbitt did sign an affidavit of legal interest granting the Public Works Department authority to submit the subject application on their behalf. We don't have elevations. The Planning Commission did recommend approval at their December 7th, 2006, Public Hearing. No one spoke in favor or opposition or commented and there was no written testimony as well. Key issues of discussion by the Commission -- there were none. And there were no changes to staffs initial recommendation, nor are there any outstanding issues that we are aware of and there has not been any written testimony since the staff report was written. I'll answer any questions you may have. Meridian City Council January 2, 2007 Page 13 of 24 De Weerd: Thank you, Anna. Len, do you have anything you'd like to add? Grady: Madam Mayor, I think Anna's covered it fine. I'm available for questions. De Weerd: Okay. Thank you. Council, do you have any questions for staff at this time? Bird: I have none. Rountree: I have none. Borton: No. De Weerd: Okay. This is a Public Hearing. Is there anyone in the public who would like to provide testimony on this application? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more testimony, I move we close the Public Hearing on AZ 06-055. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing for Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 12 is a Public Hearing on AZ -- Bird: Oh, wait, Madam Mayor? De Weerd: I'm song. Bird: May I make a motion? De Weerd: Yeah, you just didn't do it fast enough. Rountree: We appreciate your effort, though. Bird: Madam Mayor, I would move that we approve AZ 06-055. Rountree: Second. Meridian City Council January 2, 2007 Page 14 of 24 De Weerd: I have a motion to approve Item 11. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: AZ 06-053 Request for Annexation and Zoning of 2.0 acres from RUT to a L-O zone for Ada County Hiahwav ®istrict Locust Grove Road Pond by Ada County Highway District - 1280 North Locust Grove Road: De Weerd: Okay. Item 12, Public Hearing AZ 06-053. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Ada County Highway District Locust Grove Pond. It's located on the east side of Locust Grove Road, approximately a third mile south of Fairview Avenue. It's highlighted there on your vicinity map. It is also an annexation and zoning request. The applicant, the Ada County Highway District applied for -- has applied for the annexation and zoning to L-O for about two acres. The site currently has one single family residence, which will be removed. The request for annexation is because ACHD wants to use the entire property as a storm drain pond. Staff is supportive of the landscaping proposed on the land -- on the plan prepared by The Land Group, dated 9/25/06. It appears to comply with the design standards of the master agreement we have with Ada County Highway District. The Planning and Zoning Commission recommended approval at their December 7th, 2006, Public Hearing. Doug Russell from The Land Group spoke in favor of the application. No one spoke in opposition, commented, or there was no written testimony regarding this application. There was no discussion by the -- or no key issues of discussion by the Commission, nor any changes to staffs initial recommendation. To our knowledge there are no outstanding issues before City Council and we have not received any additional written testimony since the staff report. I will answer any questions Council or Mayor may have. De Weerd: Okay. Council? Rountree: Madam Mayor'? De Weerd: Yes, Mr. Rountree. Rountree: Anna, could you tell me about what the maintenance arrangements are going to be for this site? It looks like it's fairly high level landscaping, so who is going to do what? Canning: Let me see if the staff report had a copy of the master agreement. There was that master agreement that we came up with a few years back and I believe what it is is Meridian City Council January 2, 2007 Page 15 of 24 they install the landscaping and, then, we are responsible for the maintenance of it. They generally don't use very high maintenance plants. There is someone from The Land Group here that could speak to the species used and their maintenance requirements and I can look at the staff report while they are doing that. Rountree: Okay. De Weerd: Thank you. Would you, please, come forward, state your name and address for the record. Russell: Madam Mayor, my name is Doug Russell, I'm with The land Group, 462 East Shore Drive, Eagle, Idaho. 83616. De Weerd: Thank you. Russell: And appreciate the opportunity to speak here tonight. Basically, we have done a couple of these things for ACRD and the City of Meridian, actually, on the prior ones I worked directly with Steve Siddoway and this time didn't have the pleasure, but I worked with some other staff and they have been most helpful. Basically, if you can see on this plan there is kind of an imaginary -- it's not really imaginary, but you can kind of see on the left side of the property there is kind of a heavier -- well, it's -- De Weerd: If you will take the mike there with you. Russell: Right here there is going to be a fence with a gate in this location and a gate in this location. This side of the fence we are going to implement a landscape design that's going to be quite favorable to the neighbors. It's going to have a nice streetscape feel. We worked really hard to -- in this design when we engineered it to maintain as many existing trees as we could on the site. So, that will really add a lot to it, because there are quite a few trees. It's my understanding that from the fence to the road the City of Meridian Parks Department will maintain it, but everything that's inside the fence, which will mainly be just a dry land seed mix, that will be maintained by ACHD, which pretty much equates to a couple of mowings a year, but nothing major. Outside the fence it will be irrigated, be on city water, and I have had a meeting with Elroy Huff at the City of Meridian parks and he is -- doesn't have any issues with the landscape plan in its current form. I would also just add that we did have a neighborhood meeting as required by the city and we did have one person show up and it happened to be the president or chairman of the neighborhood association that's directly across the street. They were thrilled about what was going in there. They liked the plan. I would also add that the reason we are going with the L-O zone is because that's what staff recommended, because they felt like that would have the least impact on the property to the north as it develops in the future. So, it's a good project. I think it°s going to be one of the nicer drainage facilities around. It's going to have a lot of trees and a nice frontage and it's going to, you know, service the improvements that are going to come in on Locust Grove here in the future. So, I think it's a necessary facility as well. We are definitely anxious to move forward with it. I actually got a phone call from Dale Kuperus Meridian City Council January 2, 2007 Page 16 of 24 of ACRD today asking about the status and if we can get through this round of hearings, then, we will move forward with a certificate of zoning compliance and, then, I think ACHD is looking to construct fairly soon, I guess. It all depends on what happens with their Locust Grove project, but I know they are kind of hounding me on the telephone to see when they can start moving forward. So, I'd stand for anymore questions you might have. De Weerd: Council, questions? Rountree: I have none. Bird: Madam Mayor? De Weerd: I do have a question. It's not in particular about this, but if you work with ACHD in their retention, are they looking for different ways of dealing with storm water and -- rather than just the ponds? Russell: Well -- De Weerd: I mean this one looks nice and it's going to improve that piece of property from what it currently looks like, but I guess my question is more as we move forward are there other ways of doing this, rather than these particular kind of ponds? Russell: Well, I haven't had specific discussions with ACHD as far as what their future plans are for, you know, taking care of drainage issues, but I can tell you that, you know, our firm -- we work on quite a number of projects from landscape architecture projects and civil engineering projects and, you know, we deal with storm water on a daily basis and, you know, this is definitely the most -- I guess economic way to deal with drainage. The only other way to really deal with it in this area, without having, you know, public storm systems, is to put it underground, which becomes very expensive. You have to have, you know, fairly large areas to deal with it, because there is just certain requirements you have to meet to be able to accommodate the volumes of water that come off of these streets and so it is quite difficult to do it in other ways on a project like this without, you know, really spending a substantial amount of money to do it. So, that's just kind of a -- I guess a little bit of insight from somebody who is in the profession. But as far as what ACHD plans to do, I couldn't tell you. We are, basically, contracted to provide a landscape and irrigation plan for the project, you know, after it was engineered. So, it's, really, more of an opinion than what ACHD's future policies are. But I think it might just give you a little bit of insight as to why they go this route. De Weerd: Well, thank you. Russell: You're welcome. Thank you. De Weerd: Okay. Thank you. ~ ~ Meridian City Council January 2, 2007 Page 17 of 24 Canning: Madam Mayor? De Weerd: Yes. Canning: I did find that language, if you'd like me to go back to it now or would you rather take more public testimony? De Weerd: No. Canning: Okay. It states that as part of the agreement ACHD's sole cost and expense will be to construct and install the storm water drainage system and landscaping and landscape irrigation systems and they have to get their plans approved by us and we have taken a look at those and they seem to generally comply. They are required to get a CZC. And, then, the city shall maintain the landscaping and operate and maintain the landscape imgation system thereafter at sole cost and expense of the city and, then, the following maintenance on the landscaping surrounding the ACRD storm water drainage facility is covered by the master agreement and that's grass care, pruning trees and shrubs, cleaning up of liter and debris and the application for shrubs and trees and ground cover. So, that is the summary of the maintenance agreement -- master maintenance agreement. De Weerd: Okay. Council, any questions on that? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I don't see that that differentiates that the way it was explained to us, that the -- along the streetscape would be maintained by the city and the enclosed portion of the pond would be maintained by ACHD, so -- Canning: I think this is correct. Rountree: Okay. Canning: Sony, Doug. It's probably similar to their -- if they have an issue with the way it functions they will probably go in and maintain it similar to the arrangements they have -- or easements they have with individual property owners. If it fails they will go in and reconstruct it or maintain it, but I think they are looking for us for the regular maintenance of that facility. Rountree: Just in the landscaping. Canning: Right. Meridian City Council January 2, 2007 Page 18 of 24 Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I think the way they differentiate it in a different part of the agreement is they split it between what they term heavy maintenance -- Canning: Yeah. Nary: -- and light maintenance and heavy is as Ms. Canning stated, that's the actual construction of the seepage beds or reconstruction of the seepage beds after a period of time. They maintain all of that and, then, the mowing and trimming and those things, that's done by the city, as well as the irrigation. And that's the same thing we do at Franklin and Locust Grove, as well as Meridian and Overland. De Weerd: Okay. Is there anyone who would like to provide testimony on this application? Okay. I just have a concern if we get too many of these, the impact it has on the parks department and personnel and I know that storm water retention has been a topic and it's starting to be a topic of greater significance as the valley gets larger and looking at environmental aspects and those kind of things, it certainly adds onto that maintenance. I think at one time we looked at this in our landscape ordinance on different ideas of how we could do some of the retention of storm water drainage and my -- it was a long time ago, so is there -- do we have staff members -- Len, does Kyle do some of this storm water type of work? Grady: Madam Mayor, not really. I think with his previous experience at ITD he probably got exposed to it, but to my knowledge he's -- he's not an expert or anywhere near that I would say. We can -- Public Works can get more involved if that's what it sounds like you're asking. De Weerd: I think maybe rather at our March joint meeting, Will, if you will note that as a topic, storm water drainage and -- or April. Yeah. That we can have a discussion and we will have some preliminary discussion points prior to that, Council, that we can bring back to you for anything that you want to add. But this is going to become an issue I think and we should be prepared to talk about it. Okay. We have a Public Hearing that's still open. I don't see any further testimony by the public. So, Council, I would entertain a motion to close Item 12. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close Item 12. Meridian City Council January 2, 2007 Page 19 of 24 Bird: Second. De Weerd: Okay. I have a motion and a second. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve AZ 06-053, Ada County Highway District Locust Grove Pond. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 12. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 13: Ordinance No. 07-1284 AZ 06-038 Request for Annexation and Zoning of 5.53 acres from RUT to an R-8 zone for Nursery Subdivision by Gary Fors - 570 South Linder Road: Item 14: Ordinance No. 07-1285 Amendments to Dog Licensing Ordinance: Item 15: Ordinance No. 07-899: AZ 00-006 Request for annexation and zoning of 12.73 acres from RT to L-O and R-15 zones by Vicki Welker /Gold River Companies, Inc., for proposed Sommersby Subdivision fka Valeri Heights Subdivision at the northeast comer of West Pine Avenue and North Ten Mile Road: De Weerd: Okay. Items 13, 14 and 15 are ordinances 07-1284, 07-1285 and 07-899. Mr. Berg, if you will, please, read these three ordinances by title only. And I hope you do a better than I just did. Berg: I'll try. thank you, Madam Mayor, Members of the Council. Ordinance 07-1284, an ordinance for annexation of property being a portion of the northwest quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and temtories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land Meridian City Council January 2, 2007 Page 20 of 24 use zoning classification of said lands from RUT to R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 07-1285. An ordinance amending Title 6, Chapter 2, Section 3 of Meridian City Code regarding definitions and City of Meridian dog licensing and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 07-899, an ordinance for annexation of property being a portion of southwest -- excuse me -- the south one half of the northwest one quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-15 and L-O in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. Berg: Is there any questions concerning these ordinances? Bird: I have none. Rountree: I have none. De Weerd: Okay. You have heard these three ordinances read by title only. Is there anyone who would like to hear it read in its entirety? And Ralph is being generous tonight. Hearing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd move we approve Ordinance 07-1284, 07-1285, 07-899 with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Items 13, 14 and 15 ordinances. If there is no discussion, Mr. Berg, will you, please, call roll. Meridian City Council January 2, 2007 Page 21 of 24 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Gorton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Lieutenant Overton. See, I always like to call on you guys just to make sure you're paying attention. Overton: Got you. I thought I was done. De Weerd: Before I move to Item 16 I thought maybe you would introduce our guests in the back of the room. Overton: Madam Mayor, Members of the Council, I'd be pleased to. Tonight we have the entire current code enforcement unit for Meridian Police Department and planning. We have supervisor Jenny Stoy with experience with Ada County Sheriffs Department. We have Code Enforcement Officer John Hust, who came to us from the Long Beach Police Department. And we have Code Enforcement Officer Abe Antonucci. He came to us with experience from Boise Police Department and Homedale Police Department. De Weerd: Well, thank you. And we appreciate -- we know that your jobs are not the most desirable, putting it bluntly. Okay. The most popular. But you are very important to us. We appreciate what you do. When you're feeling unappreciated, just know that we appreciate everything you do. So, thank you for joining us tonight and Happy New Year. Item 16: Election of City Council Officers: De Weerd: Okay. Item 16 is election of City Council officers. I will -- Bird: Madam Mayor, you can sit right there and take the nominations. De Weerd: Okay. Bird: I move that we nominate Mr. -- Councilman Joe Gorton for president of the City Council. Zaremba: Second. Rountree: Second. De Weerd: Okay. I have a motion and a second for a nomination of Joe Gorton for president of City Council. Do I have any other nominations? Zaremba: Madam Chairman? De Weerd: Mr. Zaremba: ! • Meridian City Council January 2, 2007 Page 22 of 24 Zaremba: I move that the nominations cease. Rountree: Second. De Weerd: Okay. All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Okay. We just closed the nominations. The nomination in front of you for Council president is Mr. Joe Borton, seat whatever. Seat Two. Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we -- I'd like to nominate Councilman Charlie Rountree for vice-president. De Weerd: Mr. Bird, can I -- Bird: Oh, you want to vote on that. Yeah. We better vote. I'm trying to get ahead now. De Weerd: Well, good. Back at you. Okay. Council, we do have the nomination of Joe Borton in front of you for president. I will ask Mr. Berg to call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: It's looking good. Okay. Nominations for vice-president. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd like to nominate Councilman Charlie Rountree for vice-president. Borton: Second. De Weerd: Okay. I have a motion and a second for Charlie Rountree as vice- president. Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. • Meridian City Council January 2, 2007 Page 23 of 24 Zaremba: I move that nominations cease. Bird: I'd second that. De Weerd: Okay. All those in favor? All ayes. Motion carves. MOTION CARRIED: ALL AYES. De Weerd: Okay. I need a motion to approve Mr. Rountree as Vice-President. Don't jump all at once. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve Charlie Rountree be vice-president. Bird: I already made the nomination. De Weerd: No, you just nominated. Now we need to approve. Bird: Oh. Okay. I second it. De Weerd: Do you second that? Bird: Yeah. De Weerd: Okay. Mr. Berg, will you call roll before we really foul up badly. Bird: Before we get it screwed up here. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Well, I present to you Mr. President Joe Borton and Mr. Vice- President Charlie Rountree. Next meeting we will ask our President to come back with assignments for liaisons and representative to certain boards and I do need to bring to the Compass board who needs to -- who is going to be those representatives and if there is any change to Valley Ride we need to do it through resolution, so -- Rountree: And Air Quality Board. De Weerd: Air Quality doesn't need a resolution. I think Valley Ride is the only one. • • Meridian City Council January 2, 2007 Page 24 of 24 Zaremba: I would comment that I currently serve on the air quality board. Idaho State's establishing a new regional air quality council. That board may have ashort-term life at this point and I would offer to continue as that member until such time as it doesn't happen. De Weerd: Okay. Well, they are always looking for willing victims, so -- Bird: That's fine with me. De Weerd: -- we will look for President Borton to bring back a list next week. Rountree: We have two members on that, because Shaun was a member as well. De Weerd: We will probably need a citizen at large. I think that's how it goes. The air quality board we had an elected official and, then, a citizen, is that -- Zaremba: That is true. Shaun Wardle was the other member, so I'm replacing Shaun and somebody needs to replace me. De Weerd: Okay. Hey, Ralph, you need a call to action. Can't just sit here every week and not expect to be a victim. Okay. Council, this is a real rarity and I wish you a Happy New Year and this is your gift. It is eight minutes after 8:00 and -- well, I guess it's 12 minutes after 8:00. I will entertain a motion to adjourn. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:12 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~ ~ ~,~~slldBRRitlf//// MAYOR Y DE WEERD ,~° r~'`~s~~-?~ `~'-~~j~`°® '~ c as ~'" a ~ AT~'~D: `~ ILLI~ 0 .~~ 44 l .23 ~ ®7 DATE APPROVED G. BERG JR., CITY CLERK • December 29, 2006 MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT ITEM NO. S REQUEST Special Recognition to Sandy Salvesen AGENCY COMMENTS CITY CLERK: S®e attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY fIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: r ~ ~ //~. CITY PARKS DEPT: ~~!~ MERIDIAN SCHOOL DISTRICT: P ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials pr®sented at publk tneeHnga shc11 become propsriy of the City of Meridian. N i ~ O O ~ ~ N ~•=~'` O ~ ~ O y ~ p,y ~~ ~ V ~ N ~ ~ ~ ~ ~ \~ ~ ~~~ ~ ~ ~ O V ~~ o !-~ a~ ~ °~~=' Q ~,a~~ ~ ~~ o E~~'k ~ y°~~' .a.' j~~ ~ V y _~o: ~ ~ ~~__ 0~ ~ ~ ` ~ y ~~~~ +Q~~~ . o ° ~ o ~ ~~ o~~~ ~~ y~ ,,rt - a~ .~ ~,.~ o ~= .~o a,.~ .~.., a a~ a~~iooco ~w ~ ~ c~ c~ c~ o, co ~ O ~ O N N`^w ~w i ~~ ~~ a~ E Niy Hero of the Year By SFC Daniel Salvesen ~ ~tifi~ I have decided to submit an award that T feel is fatally deserved and justified. I did not ask for any of the good will that my wife has sent to the 1-183D AVN' Task Force deployed in Afghanistan, my wife took it upon herself to make sure we all were taken raze of, not just me, my wife is just like that she is a very giving person. She did this with the Help of the Veterans and Staff ax the VA Hospital where my wife works. When I first started this deployment my wife asked me what we had. available to do, I told her we had a sma11 BX (Base Exchange) with just the basic necessities, and we had an MWR (Moxale Welfare Recreation) with a pool table, ping pong tables, and a variety of old movies, and tons of books. My wife works at the Veterans hospital in Boise, and she was in the Active Army for 4 years, plus her Dad was in the Military for 30 years so she knows what its like to be in the Military. She started asking around ax the VA to see what they could do for the deployed soldiers in Afghanistan, she was swamped by the response she got from the Vets and the Staffbecause they all wanted to help us out. The VA donated several hundred Model cars, helicopters, wood and leather craft kits, books, games and prints. My wife was so overwhelmed and excited to send them here for everybody. But she had one minor problem and that was the money to pay for the shippiwg. Sandy went to the Military and asked them if they could send the many boxes to us at Afghanistan, they said no we can't send them because it is not military equipment and becaa~se of funding. Sandy then had to take them home and she stored them. in the garage, there were so many boxes that she couldn't even park her car in the garage. When I called her she was just about in. tears and very upset because she was so excited to send them to everyone and now she couldn't. I asked her to call the FRG (Family Readiness Group) and see if they have any money to help send the boxes, but they didn't have that kind of money so I asked her to try and get donafions. My 2 children were very excited to send the boxes also and wanted to do all they could to get them over to the deployed soldiers so they went door to door asking for donations but only got enough to send a couple of boxes. Sandy finally figured it all out she wetrt to the Post office in Menidiaa and got several: hundred flat rate boxes and her and the kids peaked the flat rate boxes with all the hundreds of donations, and figured it would take about $1500. to send them. Sandy got the help of several people from the VA and other outside entities and they set up a donation can and week by week she had enough donated to send all, the boxes. Sandy has spent countless hours packing, organizing and sending boxes and I commend her. Once we started receiving the items people seemed happy to get something to break the monotony of our everyday routine. Ater a while soldiers would come up to me and ask when we were going to get some more of the Models, and craft kits in, because they enjoy them. Once I saw the look on people faces I knew Sandy had reached out again. and touched the heart of some one and made them happy. Sandy is a very caring and giving person and when she sets out to accomplish something she usually finds a way to accomplish it. I am very proud of her and want to say she is my hero of the year. SFC Daniel ~. Salvesen HHC, I-183D AVN Task Force Talon Salerno, Afghanistan December 29, 2006 MERIDIAN CITY COUNCIL MEETING Jgl'lUgfy 2, 2007 APPLICANT ITEM NO. 6-A REQUEST Approve Minutes of October 2, 2006 City Council Joint Workshop Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS Date: Phone: Staff Initials: Mat®rtals preser-ted at public meetings shall become property of the City of Meridian. December 29, 2006 MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT ITEM NO. ~ - ~j REQUEST Approve Minutes of November 28, 2006 City Couneii Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: T Materials presented at public meetings shall become property of the City of Meridian. December 29, 2006 MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT ITEM NO. 6-C REQUEST Approve Minutes of December 5, 2006 City Council Regular Meeting 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: iDAHQ POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Dote: Phone: Emailed: Staff Initials: Materials presented at public meethtga shag become property of the City of Merfdlan. December 29, 2006 VAC 06-014 MERIDIAN CITY COUNCIL MEETING January 2, 2007 __ APPLICANT Brighton Development, Inc. ITEM NO. 6-D REQUEST Resolution -Request for a Vacation of the 20 foot wide utility and irrigation easement located on the west half of Lot 13 of Cres#wood Subdivision No.1 - 4055 East Leigh Field Drive 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: ~ ~ r2, r L Materials presented al COMMENTS Se® attached Resolution Sk ~' aqi ~~ Date:' ~ ap Phone: ~~ g .~~ cod ,CAh~Staff Ini als: T meetings shall become properly of the CHy of Meridian. ADA COUNTY RECOR .DAVID NAYARRO AMOUNT .00 ~ BOISE IDAHO 0110410 50 PM DEPUTY Bonnie Oberbi lig III IIIIIIIIIIII IIIIIIIIII II II I II II III RECORDED-REQUEST OF 1~~'~01~~8 Meridian City CITY OF MERIDL~N RESOLUTION NO. D 7- ~¢¢ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE A RESOLUTION VACATING A 20 FOOT WIDE PUBLIC UTILITIES AND IRRIGATION EASEMENT ON THE SOUTHERLY LOT LINE OF THE WEST HALF OF LOT 13, CRESTWOOD SUBDIVISION #1, LOCATED IN THE SOUTHEAST 1/ OF THE NORTHEAST 1/ OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 19, 2006 the City Council of the City of Meridian, held a hearing on the vacation of a 20 foot wide public utilities and irrigation easement on the southerly lot line of the west half of Lot 13, Crestwood Subdivision # 1, located in the Southeast I/ of the Northeast 1/ of Section 31, Township 4 North, Range 1 East, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the vacation of a 20 foot wide public utilities and irrigation easement on the southerly lot line of the west half of Lot 13, Crestwood Subdivision # 1, located in the Southeast '/a of the Northeast 1/a of Section 31, Township 4 North, Range 1 East, City of Meridian, Ada County, State of Idaho, is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION OF PUBLIC UTITLTIES, DRAINAGE AND IRRIGATION EASEMENT IN CRESTWOOD SUBDIVISION Page 1 of 2 • • PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Z ~ day of tTu- ~'K ~"- `~ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, `~' ~!~ n. rc. w.. this 2 r day of ~ , 2007. ATTEST: WILLIAM G. i~~._. ~ ~ STATE OF IDAHO, ) ss County of Ada ) \e~Y ~ <..~ie WEERD ~a ~ ~ a ~® ~ P ~ s BERG, ., CITY CLE ~ ~'~ . ~° ,~.~~° //'~~ll/11i91 44440®~a\o\'' On this ~ day of ~ni ~(~ ~ ~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the ~y and year first above written. ;~t4'"OTA1l,~,~~~: ,~,_, ~l, 1(lb CYl ~ ~ Q .ty (SEAL l~ ~ ~'~ NOTARY PUBLI/C-~ ~FOR IDAHO • ~ RESIDING AT: t1.~ lC~ U..I' 1 ,1, I b ~ `,~ ,.' ~ MY COMMISSION EXPIRES: 10-I 1-I , R ~•~~ ~ ~1 ~ ,~0~ ••~~ JJJJ...•JJJ- ~ ~~• •~~ OF~~. VACATION OF PUBLIC UTITLTIES, DRAINAGE AND IRRIGATION EASEMENT IN CRESTWOOD SUBDIVISION Page 2 of 2 • Legal Description of Easement to be Vacated U n 'veering 1Vorth West, LLC N. Ancoslni Place, Suite 180 Bmee, Idaho 83704 (208) 376-5000 • Fax Project No. OS-047-01 Date: September 14, 2006 QUENZER COMMONS SUSDMSION NO.10 20 FOOT ZPfIY,ITY EASEMENT TO EE VACATED DESCRIPTION An easement located in the SEl/4 of the NE 1/4 of Section 31, T. 4 N., R.1 E., BM, Meridian, Ada County, Idaho, mare particularly described as follows; Commencing at the section corner tmnutnon to Sections 31 and 32 of said T. 4 N., R. 1 E., aad Sections 5 and 6 of T. 3 N., R.1 E., B.M.; Thence North 00°31'35" Eaat, 2659.04 feet on the section line common to said Sections 31 aad 32 to the 1/4 section comer common to said Sections 31 and 32; Thence leaving Said BeChOn line, North 89°46'20" West, 1317.76 feet on the east-west mid-s~tion line of said Section 31 to thecenter-east 1/16th section comer of said Section 31, said point being the REAL POl`1VT OF BEGINNING; Thence North 00°35'Z7" East, 20.00 feet on the north-south 1/16th section line of the NE 1/4 of said Suction 31; Thence leaving said 1/16th section line, South 89°46'20° East, 280.00 feet; Thence South 00°35'27" West, 20.00 feet to a point on the oast westmid-section line of said Section 31; Thence North 89°46'20" West, 2$0.00 feet unsaid tmd-section line to the real point of beginning. Q°~ N°. ~o, za vtliHy B+ea a 6a vented Daoa~°° PREPARED BY: E°E~~°6 est, LLC WIV4 F b 88~ ~ ~9-i~-ux~ SR w James R R'ashbarn, pLS Peg° 1 oC l Exhibit A Location of Easement to be Vacated. _~ u '-~"~ c3 r 0 z 0 V'1 ~„~, w ~wz ~~°- Q~~ _~ 0 a N i~ 0 Z x 0 a 0 0 0 4 W K 0 J a z 0 a 0 m ~_ 0 0 0 ~o ~- q d w " !C = t7 0 M ~ e ~ _ -'~. F- w b 9 ~ J ~ S F e V I ~ f ~ . ~ ~ o ~E ~ R I S 'ON N0151A109f15 ily~ N I S Y B 321 6 0 7 J y O V a W Z W a ~~ b~~ ~ v: 'N zu.~c n n ,p ,~ a ~_~_ ~~ I ~I~ ~1 ~~ ~~ s 5 d Exhibit A December 29, 2006 SHP 06-012 MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT WM David Evans ITEM NO. 5-E REQUEST Request for Short Plat approval of 3 condominium units on 1 lot in a C-G zone for Bonito Condominium No.1 -2949 East Copper Point Drive 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 SGHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached See attached Staff Comments OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc meetings shall become propetiy of tits Oily of Meridian. December 29, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT WM David Evans SHP 06-013 January 2, 2007 ITEM NO. S-F REQUEST Request for Shorf Plat approval of 21 condominium units on 2 lots_ in a C-G zone for Bonito Condominium No. 2 -3023 East Copper Point Drive 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 See aftached See attached Siaft Comments OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CHy of MerWian. • • December 29, 2006 MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT ITEM NO. 6-G REQUEST Agreement for Independent Contractor Services with Star Construction LLC for Temporary Septic Tank Construction AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc meetings shall become property of the Cityr of Meridian. M+ • • AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 22nd day of December, 2006, and entered into by and befinreen the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Star Construction, LLC hereinafter referred to as "CONTRACTOR", whose business address is P.O. Box 157. Star, ID 83669 and whose Public Works Contractor License # is C14428 INTRODUCTION Whereas, the City has a need for services involving Temporary Septic Tank Construction ;and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a page 1 of 11 royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a time and Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, page 2 of 11 retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2007 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and page 3 of 11 • specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its properly, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. page 4 of 11 • 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required bylaw. The CITY shall be named an additional insured on both the General Liability and Automotive policies. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. page 5 of 11 6.2 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.3 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 6.6 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Star Construction. LLC Attn: Ancil Irminger P.O. Box 157 Star. ID 83669 Idaho Public Works License #: C14428 page 6 of 11 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. page 7 of 11 • • 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, page 8 of 11 • oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF BY: .., . Dated: l2 ''2'Lr~~ STAR C STRUCTI N, LLC Y: ANCIL IRMIN R Dated: ~~ -- .~- ®~ /~ ~ ~~~9 ~ ~ x ,y~~ C~ ~~ .-~ Jr ''~ 7 Attest: ;~` ®~ ~.;~:~~ ~ ~~®_ P~° '-,; WILLIAM G. BERG JR., ITS ~ ~.~ $J`~ ~~a ® °' ,~~ !i/''//'''~11 B90ii19~~a~~~y~ Approved as to Content Approved as to Form CITY ATTORNEY Department Approval BY: NAME: ~-~ ~--~"-~~ TITLE: ~~aY~~ ~z'~~s~iC. Dated: I~/ ~ (~~ page 9 of 11 • Attachment A SCOPE OF WORK Install Septic Tank • Contractor will install a 1500 gallon septic tank in sewer line in alley between 611 and 641 N Main Street. Tank will be installed so that sewer flows into and out of tank. Activate Septic Tank At City's request, Contractor will plug tank outlet. Abandon Septic Tank At City's request, Contractor will abandon septic tank page 10 of 11 Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $ 15,000 and will be payable in one lump sum at completion of project. TASK DESCRIPTION DATE ESTIMATE A, Install Septic Tank TBD $9,000 g, Activate Septic Tank TBD _ C, Abandon Septic Tank TBD $3,000 D. E. F. G. H. TOTAL on completion of Task C $12,000 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. page 11 of 11 L J • December 29, 2006 MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT ITEM NO. 6-H REQUEST Water and Sewer Easement Agreement for Sundance Subdivision No. 5 by Settlers Crossing, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: Ste cdMched CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: '~ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. .,,~ ,,,• ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .80 ! BOISE IDAHO 01/18107 01:30 PSI DEPUTY Neava Hanep RECORDED-Ri:QU~sr OF III IIIIIIIIIIIIIIIIIIIIIIIIII Meridian City i F~7139~ 14~ WATE~t LINE AND WATER METE~t EASEMENT THIS INDENTURE, made this ~~~day of ~_d ~ , 2006, between Settlers Crossing LLC, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party ofthe second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right of-way across the premises and property hereinafter particulazly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience ofthe Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easementandright-af-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. TIIE GRANTORS hereby covenant and agree that they will not place or .allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part ofthe right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Line and Watermeter Easement 05161-EasemenPt Water. oc C THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful cleans of all persons whomsoever. IN WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ,lets Cro~/ ing~..LC. ~Ar. ~rw'~ WM David Evans- Manager Settlers Crossing LLC. STATE OF IDAHO ) County of Ada ) On this ~~`~` day of ~C~j'+1 ~JG' 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared~,k~,av~m or identified to me to be a member of GE LLC that executed the within instrumen and ac _ow edged to me that said entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~t~ y NOTARY PUBLIC FOR IDAHO SOT Aft ,~ = Residing at ~Ui Se / D ~~~ s` Commission Expires: eQ' /~j' 30// ~ pU8 L1C~~ ~ '„~ oo.,~Q,~~ ~~~~i~'~ OF t'DQ;~~~~~ Water Line and Watermeter Easement 05161-Basement Water. c .~ GRANTEE: CITY OF MERIDIAN Tammy de Wee yor ~;,~~~_ ~ by William G. Approved lay City Council On: `\`\~~~~~ t>> ~ i t i i !emu ~,rt,;f: ~ ~ ~ ~.3 ,,, .~ ~=,,; fir. e:,~,.._.._..~..:r~}~ ~ ~~ i~ ~~, *~` ~~ ,,/~~~U111 X11111`1',`• STATE OF IDAHO, ss. County of Ada ) On this ~ ~-'~day of ~it~~ ~ 20~,before me, the uztdersigned, a Notary Public in and for said State, personally appeared T de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fast above written. S~~ti~~s~ (SEAL) r • Water Line and Watenneter Easement NOTARY PUBLIC FOR IDAHO Residing at: ~'?'Z~. ~~~~- .a~~ Commission Expires: ~G~ ~.~ / ~ 05161-Easement Water.doc ~-_-_ ~ _r Tt?OTHMAN-ORTON ENGINEERING COMPANY CONSULTnva FNGTNI?ERS, SURVEYORS AND PLANN$RS 9777 CHINDEN BOULEVARD BpiSE, IDAHO 83774-2008 208-323-2288 • FAX 208-323-2399 lmise~toengrco.com Project No: 05161 Date: November 21, 2006 Page: 1 of 5 EX~IIBTT "A" City of Meridian -Water & Sewer Easement Descriptions For Proposed Sundance Subdivision No.5 Water Easement No. 1 A 10-foot wide strip of land in Lot 21, Block 7, of SUNDANCE SUBDIVISION N0.3, 'located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, mazked by a found brass cap, bears N.00°S 1'27"E., 2b50.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'2T'E., 300.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 46.67 feet to a point on the northerly line of an existing City of Meridian Saaitazy Sewer and Water Easement, as showm on said SUNDANCE SUBDIVISION N0.3; being the POINT OF BEGINNING; thence, leaving said northerly line, 1) N.00°27'27"E., 35.98 feet; thence, 2) N.45°00'00"W., 18.70 feet; thence, 3) N.4S°00'00"E., 10.00 feet; thence, 4) 5.45°00'00'E., 22.89 feet; thence, 5) S.00°27'27"W., 40.17 feet to a point on the northerly line of said existing City of Meridian Sanitary Sewer and Water Easement; thence, along. said northerly line, 6) N.89°34'42"W., 10A0 feet to the POINT OF BEGIlVNING. Water Easement No. 2 A 14-foot wide strip of land in Lot 21, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: CONIIVIENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, >naaarked by a found brass cap, beazs N.00°51'27"E.,.z650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 300.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 281.17 feet to a point on the northerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3, being the POINT OF BEGINNYNG; thence, 1) N.00°24' 07"E., 34.01 feet; thence, H:1031611WPAes1SUTtVEY1D°sc's\ExhA-wA1'ER & SEWER ESMIS.doc BOISE • COEUR d'.~LENE • CALDWEI.L PaaA ~ ~ TOOTH111AN-OltTO1V ENGINEERING COMPANY Project No: 05161 Date: November 21, 2006 Page: 2 of S 2) S.89°35'53"E., 14.00 feet; thence, 3) 5.00°24'07"W., 34.02 feet to the northerly line of said existing easement; thence, along said northerly line, 4) N.89°34'42"W., 14.00 feet to the POINT OF BEGINNING. W ter Ease nt No. 3 A 10-foot wide strip of land in Lot 26, Block 7, of SUNDANCE SUBDIVISION NO.3, ' located in the Southwest quarter of Section 31, Township 4 North, Range 1 ~ast, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, mazked b3' a found brass cap, bears N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 300.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 326.46 feet to a point on the northerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3, being the POINT OF BEGINNING; thence, 1) N.00°32'58"E., 71.79 feet; thence, 2) N.45°00'00"W., 56.60 feet; thence, 3) N.45°00'00"E., 10.00 feet; thence, 4) S.45°00'00"E., 60.80 feet; thence, 5) 5.00°32'58"W., 75.96 feet to the northerly line of said existing easement; thence, along said northerly line, 6) N.89°34'42"W., 10.00 feet to the POINT OF BEGINNING. Water Easement No. 4 A 20-foot wide strip of lead in Lot 26, Block 7,. of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 3 i, Townsbip 4 North, Range 1 East, $oise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, marked by a found brass cap, bears NAO°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 300.00 feet; thence, leaving said westerly tine, B) 5.89°34'42"E., 354.02 feet to a point on the northerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3, being the POINT' OF BEGINNING; thence, 1) N.00°51'S0"E., 107.31 feet; 2) S.$9°33'24"E., 20.00 feet; thence, H:\o516~~WP81~1SURVEYU7asdslExhA-WATER & SEWER ESMTS.doc w \ A -! TOUTHMAN~ORTON ENGINEERING COMPANY Project No: 05161 Date: November 21, 2006 Page: 3 of 5 3) 5.00°51'50"W.,107.30 feet to the northerly line of said existing easement; thence, along said northerly line, 4} N.89°34'42"W., 20.00 feet to the POINT OF BEGINNING. V~7ater Easement NQ. 5 A 10-foot wide strip of land in Lot 25, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 ~ East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: CUMNIENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Sectian 31, marked by a found brass cap, bears N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, ~ . A} N.00°51'27"E., 277.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 252.15 feet to a point on the southerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3; thence, along said southerly line, the following courses: C) 5.00°25' 18"W., 9.00 feet; thence, D) 5.89°34'42"E.,136.07 feet; thence, E) 5.68°56'02"E., 6.25 feet to a point on said southerly line, being the POINT OF BEGINNING; thence, along said southerly line, 1} 5.6$°56'02"E., 10.00 feet; thence, leaving said southerly line, 2} 5.20°57'05"W., 10.84 feet; thence, 3) N.69°02'05"W., 10.00 feet; thence, 4} N.20°57'05"E.,10.86 feet to the POINT OF BEGIlVNING:~:~~ Water Easement No. 6 A variable width strip of land is Lot 25, Block 7, of SUNDANCE~ SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: CUM1VxENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter comer of said Section 31, marked by a found brass cap, bears N.00°S 1'2T'E., 2650.12 feet; thence, along the westerly line of said Section 31, A} N.00°51'27"E., 277.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 252.15 feet to a point on the southerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3; thence, along said southerly line, the following courses: C) S.40°25' 18"W., 9.00 feet; thence, H:105161\WPfdesISTJRVEY1Desc's1FrxltA-WATER & SEWER ESMTS.doc l~aae ~_of___.L TOOTAMAN-ORTON EN~TNG COMPANY Project No: 05161 Date: November 21, 2006 Page: 4 of S D) 5.$9°34'42"E., 49.96 feet to the POINT OF BEGINNING; thence, leaving said southerly line, 1} 5.00°00'00"W., 95.77 feet; thence, 2) 5.36°47'41"E., 45.02 feet; thence, . 3) 5.53°12' 19"W., 17.50 feet; thence, . 4) N.36°47'41"W., 41.82 feet; thence, 5) N.00°00'00"W., 108.91 feet to the southerly line of said existing easement; thence, along said southerly line, ,. 6} S.89°34'42"E.,12.09 feet to the POINT OF BEGINNING. Water Easement No. 7 A 10-foot wide strip of land in Lot 22, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Mezidia~o, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, marked by a found brass cap, bears N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 277.00 feet; thence, leaving said westerly line, B) S.$9°34'42"E., 8d.26 feet to a point on the southerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3, being the POINT OF BEGINNII~IG; thence, along said southerly line, 1} 5.89°34'42"E., 10.00 feet; thence, 2) 5.00°22'44"W., 7.58 feet; thence, 3) N.89°37' 16"W., 10.00 feet; thence, 4) N.(?0°22'44"E., 7.59 feet to the POINT OF BEGINNING. WaterlSa~nitarv Sewer Easement No.1 A 20-foot wide strip of lead in Lot 21, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter comer of said Section 31, marked by a found brass cap, bears NAO°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°5I'27"E., 300.00 feet; thence, leaving said westerly line, B} 5.89°34'42"E.,1$0.16feet to a point on the northerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3, being the POINT OF BEGINNING; thence, 1) N.56°44'40"W., 20.01 feet; thence, H:~0516RWPfiks~,SURVEY1Dasc's\ExItA WAT$R ~ SEWI;RESMTS.doc ~ ~ ~~ ,. . -: " TOOTBhIAN-ORTON ENGINEIItING COMPANY Project No: 05161 Date: November 21, 2006 Page: 5 of 5 2} N.33°15'20"E., 20.00 feet; thence, 3} S.56d44'40"E., 5 LOl feet to the northerly line of said existing easement; thence, along said northerly line, 4) N.89°34'40"W., 36.89 feet to the POINT OF BEGINNING. Water/Sanitary Sewg~ Easement No 2 A variable width strip of land in Lot 22, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Ravage l;~ast, Boise Meridian, City of Meridian, Ada County, Idaho, described~as follows: ' COMMENCING at the southwest comer of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 3'I, marked by a found brass cap, bears , N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 277.00 feet; thence, leaving said westerly line, B) 5.89°34'40"E., 219.49 feet to a point on the southerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3, being the POINT OF BEGINNING; thence, along said southerly line, the following courses: 1) 5.89°34'4Z"E., 32.66 feet; thence, 2) 5.00°25' 18"W., 9.00 feet; thence, leaving said southerly line, 3) 5.89°59'59"W., 7.44 feet; thence, 4) 5.00°00' O1 "E., 96.71 feet; thence, . ' 5) S.89°59'59"W., 40.90 feet; thence, ~ . 6) 5.48°25' 18"W., 30.35 feet; thence, 7} N.41 °34'42"W., 10.00 feet; thence, 8) N.48°25' I8"E., 60.26 feet; thence, 9) N.00°00'O1"W., 78,62 feet to the POINT OF BEGIlvNING. H:~041611WPfilasISURVEY~Desc's~ExhA WATER $t SEW$R 1r3MTS.d°c ,~ .~ NOT TO SCALE EXHIBIT "E3" -SKETCH MAP CITY OF MERIDIAN -WATER/SEWER EASEMENTS FOR PROPOSED SUNDANCE SUBDIVISION NO. 5 LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31 TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO ~~~ ~°~ ~~~ ~~ ~~'~ ~l 38J31 tl ~~ 9I~'IINCE p 114 3 SUNDANL~ SUBDIVISION N0. 3 .~ ..~ ~? U~f~ ~~A4 Laaa~ 4~5 `'~~~ r, l S T E R E, s G ~` r~ 4 ~3~s ,~, /zJo4/~b ,c, i ~~~9r~ of ~0"~~5 H. Mca~ TOOTHMAN--ORTON ENGINEERING CO. ENGINEERS SURVEYORS PLANNERS 9777 CFflNDEN BOULEVARD B08~, fQAF10 83714-2~8 PHONE: 208-323-2288 FAX: 208-323-2399 E-fB.E: H:\05161\WATER 6YLDIb~ DATE12/O1J06~ JOB:0516y~3-1W -- ~, I w~~,~~m~,- a -- Z g__ 1 ( ~j3 ~ ~' ~ IFR FA4ffi7- ~. u ms. rn a `` ® r.~em~ r~ em.nred ws a ~ Mpbr Eammnt No. 8 i 1 _..~ ~. - - &~OAlCE X91011 !14 3 - - vl~a+asm I Bouwaw+r w+opa~u uor tare EIi6tRiti I.~f LRff PRDP09~ IAf NUIIBFR ~ J Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 12/26/2006 Re: Proposed Agenda Items for January 2, 2007 City Council Meeting DEC 2 ~ 2006 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the January 2, 2007 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water and Sewer Easements for Sundance No. 5 by Settlers Crossing LLC. Typical Water and Sewer.Easements. Recommended Council Action: Approve the Water and Sewer Easements for Sundance No. 5 by Settlers Crossing LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. City of Meridian Public Worfcs Dept. RECEIVEII • Page 1 • WATER LINE AND WATER METER EASEMENT THIS INDENTURE, made this ~~day of ~ e • , 2006, between Settlers Crossing LLC, the party of the ftrst part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; ' WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over'and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area ofthe easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the azea described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the azea described. for this easement, which would interfere with the use of said easement, for the purposes stated herein: THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Line and Watermeter Easement 05161-Easement Water.doc • THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. .GRANTOR: lers Cro in~I,LC. WM David Evans- Manager Settlers Crossing LLC. STATE OF IDAHO ) ss County of Ada ) On this ~~`~'~ day of ~CL!'K ~31,r , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared lcnov~m or identified to me to be a member of GE LLC that executed the within instrumen~aric~ ac~owMledged to me that said entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. r~oTARr~';`~ ~.... PUBLIC ~~! ~~~~i~F 0 F I~ Pe~~~~ ~!2 rte. G~ ,~Cc~~/ NOTARY PUBLIC FOR IDAHO Residing at ~UiS.e / D Commission Expires: 8' /°J' ~O// Water Line and Watermeter Easement 05161-Easement Water.doc .. i r GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this day of , 2006; before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Line and Watermeter Easement 05161-Easement Water.doc ... TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CI-IIIJDEN BOULEVARD BOISE, IDAHO 8377 4-2008 208-323-2288 FAX 208-323-2399 boise~toengrco.com Project No: 05161 Date: November 21, 2006 Page: 1 of 5 - EXHIBIT "A" City of Meridian -Water & Sewer Easement Descriptions For Proposed Sundance Subdivision No.S Water Easement No. 1 A 10-foot wide strip of land in Lot 21, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: CONIlY.~NCING at the southwest comer of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, marked by a found brass cap, bears N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 300.00 feet; thence, leaving said westerly line, B) S.89°34'42"E., 96.67 feet to a point on the northerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3; being the POINT OF BEGINNING; thence, leaving said northerly line, 1) N.00°27'27"E., 35.98 feet; thence, 2) N.45°00'00"W., 18.70 feet; thence, 3) N.45°00'00"E., 10.00 feet; thence, 4) 5.45°00'00'E., 22.89 feet; thence, 5) 5.00°27'2T'W., 40.17 feet to a point on the northerly line of said existing City of Meridian Sanitary Sewer and Water Easement; thence, along. said northerly line, 6) N.89°34'42"W., 10.00 feet to the POINT OF BEGINNING. Water Easement No. 2 A 14-foot wide strip of land in Lot 21, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest corner of said Section 31, mazked by a found aluminum cap, from which the west quarter corner of said Section 31, mazked by a found brass cap,,bears N.00°51'27"E.,.2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 300.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 281.17 feet to a point on the northerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION NO. 3, being the POINT OF BEGINNING; thence, 1) N.00°24'07"E., 34.01 feet; thence, H:\05161\WPfiles\SURVEY1Desc's\ExhA-WATER & SEWER ESMTS.doc BOISE COEUR d'ALENE CALDWELL TOOTHMAN-ORTON ENGINEERING COMPANY Proj ect No: 05161 Date: November 21 _, 2006 Page: 2 of 5 2) 5.89°35'53"E., 14.00 feet; thence, 3) 5.00°24'07"W., 34.02 feet to the northerly line of said existing easement; thence, along said northerly line, 4) N.89°34'42"W., 14.00 feet to the POINT OF BEGINNING. Water Easement No. 3 A 10-foot wide strip of land in Lot 26, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest comer of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, mazked by a found brass cap, bears N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 300.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 326.46 feet to a point on the northerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUl*TDANCE SUBDIVISION NO. 3, being the POINT OF BEGINNING; thence, 1) N.00°32'58"E., 71.79 feet; thence, 2) N.45°00'00"W., 56.60 feet; thence, 3) N.45°00'00"E.,10.00 feet; thence, 4) S.45°00'00"E., 60.80 feet; thence, 5) 5.00°32'58"W., 75.96 feet to the northerly line of said existing easement; thence, along said northerly line, 6) N.89°34'42"W., 10.00 feet to the POINT OF BEGINNING. Water Easement No. 4 A 20-foot wide strip of land in Lot 26, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: CONIlVIENCING at the southwest corner of said Section 31, mazked by a found aluminum cap, from which the west quarter corner of said Section 31, marked by a found brass cap, beazs N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 300.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 354.02 feet to a point on the northerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION NO. 3, being the POINT OF BEGINNING; thence, 1} N.00°51'50"E., 107.31 feet; 2) 5.89°33'24"E., 20.00 feet; thence, H:\05161\WPfileslsURVEY\Desc's\ExhA-WATER 8c SEWER ESMTS.doc TOOTHMAN-ORTON ENGINEERING COMPANY Project No: 05161 Date: November 21, 2006 Page: 3 of 5 3) S.00°51'50"W., 107.30 feet to the northerly line of said existing easement; thence, along said northerly line, 4) N.89°34'42"W., 20.00 feet to the POINT OF BEGINNING. Water Easement No. 5 A 10-foot. wide strip of land in Lot 25, Block. 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: .COMMENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, marked by a found brass cap, bears N.00°51'2?"E., 2650.12 feet; thence,. along the westerly line of said Section 31, A) N.00°51'27"E., 277.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 252.15 feet to a point on the southerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION NO.3; thence, along. said southerly line, the following courses: C) S.00°25' 18"W., 9.00 feet; thence, D) 5.89°34'42"E., 136.07 feet; thence, E) 5.68°56.'02"E., 6.25 feet to a point on said southerly line, being the POINT OF BEGINNING; thence, along said southerly line, 1) 5.68°56'02"E., 10.00 feet; thence, leaving said southerly line, 2) S.20°57'05"W., 10.84 feet; thence, 3) N.69°02'05"W., 10.00 feet; thence, 4) N.20°57'05"E., 10.86 feet to the POINT OF BEGINNING.`: Water Easement No. 6 A variable width strip of land in Lot 25, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, marked by a found brass cap, bears N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A} N.00°51'27"E., 277.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 252.15 feet to a point on the southerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3; thence, along said southerly line, the following courses: C) 5.00°25' 18"W., 9.00 feet; thence, H:\05161\WPfiIesVSURVEY1Desc's\ExhA WATER & SEWER ESMTS.d~ TOOTH111AN-ORTON ENGINEERING COMPANY Project No: 05161 Date: November 21, 2006 Page: 4 of 5 D) 5.89°34'42"E., 49.96 feet to the POINT OF BEGINI~TING; thence, leaving said southerly line, 1) S.00°00'00"W., 95.77 feet; thence, 2) 5.36°47'41"E., 45.02 feet; thence, 3) 5.53°12'19"W., 17.50 feet; thence, 4) N.36°47'41"W., 41.82 feet; thence, 5) N.00°00'00"W., 108.91 feet to the southerly line of said existing easement; thence, along said- southerly line, 6) S.89°34'42"E., 12.09 feet to the POINT OF BEGINNING. .Water Easemern No. 7 A 10-foot wide strip of land in Lot 22, Block 7, of SUNDANCE SUBDIVISION NO, 3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest comer of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, mazked by a found brass cap, beass N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 277.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 86.26 feet to a point on the southerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3, being the POINT OF BEGINNING; thence, along said southerly line, 1) S.89°34'42"E., 10.00 feet; thence, 2) S.00°22'44"W., 7.58 feet; thence, 3) N.89°37' 16"W., 10.00 feet; thence, 4) N.00°22'44"E., 7.59 feet to the POINT OF BEGINNING. _ Water/Sanitary Sewer Easement No. 1 A 20-foot wide strip of land in Lot 21, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest comer of said Section 31, mazked by a found aluminum cap, from which the west quarter comer of said Section 31, mazked by a found brass cap, bears N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 300.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 180.16 feet to a point on the northerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3, being the POINT OF BEGINNING; thence, 1) N.56°44'40"W., 20.01 feet; thence, H:1051511WPfi]es1SURVEI'~Desc's~ExhA WATER & SEWER ESMTS.doc ! ~i TOOTHMAN-ORTON ENGINEERING COMPANY Project No: 05161 Date: November 21, 2006 Page: 5 of 5 2) N.33°15'20"E., 20.00 feet; thence, 3) 5.56°44'40"E., 51.01 feet to the northerly line of said existing easement; thence, along said northerly line, 4) N.89°34'40"W., 36.89 feet to the POINT OF BEGINNING. Water/Sanitary Sewer Easement No. 2 A variable width strip of land in Lot 22, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1:East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the southwest comer of said .Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, marked by a fouiid.brass cap, bears . N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 277.00 feet; thence, leaving said westerly line, B) S.89°34'40"E., 219.49 feet to a point on the southerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown. on said SUNDANCE SUBDIVISION N0.3, being the POINT OF BEGINNING; thence, along said southerly line, the following courses: 1) 5.89°34'42"E., 32.66 feet; thence, 2) 5.00°25' 18"W., 9.00 feet; thence, leaving said southerly line, 3) S.89°59'59"W., 7.44 feet; thence, 4) S.00°00'01"E., 96.71 feet; thence, 5) S.89°59'59"W., 40.90 feet; thence, 6) S.48°25' 18"W., 30.35 feet; thence, 7j N.41°34'42"W., 10.00 feet; thence, 8) N.48°25' 18"E., 60.26 feet; thence, 9) N.00°00' O l "W., 78.62 feet to the POINT OF BEGINNING. H:\05161\WPfiIesISURVEY\Desc's\ExhA-WATER & SEWER ESMTS.doc EXHIBIT "B" -SKETCH MIAP CITY OF MERIDIAN - WATER/SEWER EASEMENTS - FOR PROPOSED SUNDANCE SUBDIVISION N0. 5 LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31 TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERfDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO ~yl SUNDANCE SUBDIVISION N0. 3 1 ~ ~ -I~ ~. `~ 1 1 rsae ad ~.~ sa en ~ NOT TO SCALE `"" ., ® ~ ue,~ w~ F.m~mmt ~. a . ® Z ( ,~ ,p w~. w.. I I ~ I ~~ I I ~~ zr I ~ u 1 ,~.~~ ww.. N,. , s ~ O ss 1 wm~. w, z I q 1 I -ro.,ad, sue. ~ w~ w. , ~~ ~ ~' m aa~r~mmr.~ w~amas.c~sa,aJ~ o I tiw aeasar~+sr Z _ ~s rs enr r.~,ns, Z wem~an w. ~ - - - I as ~~ s 1 ,~ I = w~ s.w. A w~ F.oem.~t ~. z ~ ~ ~ wabr Emmett Na s I i I ~ 3~ ( ~ a BLOC~C 1 ~I ~ ®I ~ I O O I I ~_ I 1 ~ s~swAWCE sre~a+ tao. a ® ® sls~atcE waav>swrt taa s 36 31 1 6 --- E. USTICKR0.9D --- I S\O~pL LAND sG ~~5 ~~~1 ST EJR~,E~ ~` a ~' "` 7316 ~~~~~~ o ~ ~ ~ ~ ~~~yE OF ~O~~~c'` \ H. McP~ PaoPeesEC nor t~ oasnNC wr tn~ O3 ~o~u Lor Nun TOOTHMAN-ORTON ENGINEERING _ CO. ENGINEERS SURVEYORS PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 FAX: 208-323-2399 E-FlLE H:\D5161\WAiER ESMLDWG oar: ~z./oi/os JaB:05161-85-100 December 29, 2t~76 • MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT ITEM NO. 6-~ REQUEST Water Main Easement Agreement for Cherry Lane Christian Church House Relocation by Cherry Lone Christian Church AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubik meetings shall become property of the City of Meridian. ~_ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 • - BOISE IDAHO 01/18107 01:~ PM DEPl1TY Neava Haney RECORDED-REauEST DF III 11111111111111111 Meridian City i ~~~~~ i ~#~ WATER MAIN EASEMENT THIS INDENTURE, made this 4 day of (fit 20 d between Cherry Lane Christian ~- _rL Church the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and. hereinafter called the Grantee; WITNESSETH: .. -~- WHEREAS, the Grantor desires to provide a water main right of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through as underground pipeline to be constructed by others; and QVHEREAS, it will be necessary to maantain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be r~eived by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operatian and ~*+ » P*+* ~*+ce of a water main over and across the following described property: (SEE ATACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Cnaartee, with the flee right of access to such facilities at any and all times. _ ___ _ _ TO HAVE AND TO HOLD, the said easement and right-of-way umto the said Grantee, it's successors and assigns forever. TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in malting firbure repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to uadertalting such repairs and replacement. However, the CYrdntee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush places within the area. described in this easemerrt. THE GRANTOR hereby caven~mts and agrees that it will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. PaE w~ M~ East r~ x ~sHrr wax THE GRANTOR hereby covenants with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful, claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its signature the day and year fu~t herein abovewritten. STATE OF IDAHO ) )~ County of Ada } on this % ~ day of W~ C. - , 20D ~ ,before me, the undersigned, a Notary Public in and for said State, personally appeared Larry L• Woodard, Outreach Minister and Elder of the cormsration that executed the within instrument, and acknowledge to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~r~r;:••-- :iii •. i ~Q~~~~ '. A~~ 'VB V~G . ~ .~ ~. ~fJ~_ •..• ~~Q NOTARY_ PIT~i~C FOR IDAHO ~- Residing ' at d s ~~c'~ p , CornrnicaiOn Expires: ~<.. ~ ~1 Z ~ ~~ 4../ water Main Easement page 2 P8~ CITY OF MERIDIAN Tammy dg~Weerd, ., .~. ~ i G. $erg, Jr., City Approved by Council on STATE OF IDAHO, ) . sS. County of Ada, ) ~+ :. ~ ``~ ~, ~ ::~ ? G .:_ , +~' ! .tea ~: .:. :~ ,;, 'rnrn~ ~amr~~• On this j~y of ~ a i ~t~~~U 2~, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to tine within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official. seal the day and year first above written. SEAL Notary Public for Idaho Residing at: •'1'1'1, (l,~ 4J/ c~ My Commission Expires:_ 10 ° ~ ~ I 1 Ek~IBIT "A" A Water Line Easement situated in a portion of the SEl/4 of the SE1/4 Section l0, Township 3 North, Range 1 West, Boise Meridian, City of 1Vleridian, Ada County, Idaho and more particularly described as follows: Commencing at the SE corner of said Section 10, thence along the East line of said Section i0 N00°27'06"E a distance of 903.64 feet to a point, from which a brass cap monument marking the NE comer of the SE1/4 of said Section 10 bears N00°27'06"E a distance of 1742.43 feet, thence leaving said East line N89°18'26"W a distance of 25.00 feet to a point on the West right-of way line of Ten Mile Road marking the POINT OF BEGINNING; Thence leaving said West right-of--way line N89°18'26"W a distance of 58.49 feet to a point; Thence S31°38' 18"W a distance of 35.95 feet to a point; Thence N58°21'42"W a distance of 20.00 feet to a point; Thence N31 °38' 18"E a distance of 47.28 feet to a point; Thence S89°18'26"E a distance of 69.73 feet to a point on said West right-of--way line; Thence along said West Right-of--way line S00°27'06"W a distance of 20.00 feet to the POINT OF BEGINNING. Said easement contains 2,574 square feet or 0.06 acres maze or less and is subject to all existing easements and or rights-of--ways of record or implied. ,~-- See attached "Exhibit B" and by this reference is made a part thereof. C0661 I9 Water Line Easement 121406.doc EXI-IIEIT "~" i~ATE~ EASEl~1ElVT A PORTION OF THE SE 1/4 OF THE SE I/4 OF SECTION 10 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2006 CL PINE STREET .. ~. i..~~.,,,,,~. 1r ~ f~ } ~+ / 777~~~C~ ~~ ~~~ D~ 1~~'~ ~~ _ ,•-- ry~~ E 1 /4 CORNER 10 11 M d~~ N 'a' r` r I S00'27'06"W S89' 18'26"E 69.73' 20.00 i n a W8 ~ ~ W 8 P.0.8. ~ ~p- ~ N w q~ / ~ / N89'18'26"W 58.49' ~ ~ ~ ~ ~ ~ ~ w ~ .^/ / ' '` ~ ~ z / o / N89' 1$'26"W ~ N F ~~ C~ 25.00'o~ ~ ~7 35.95 i N5$'21'42"W 20.00' LEGEND -~ - - - - - BOUNDARY LINE I ~ - - ROAD CENTER LINE "~ . o - EASEMENT LINE ~ ....................... TIE LIN E W(8") NEW WATER LINE Qo FOUND 5/8" REBAR FOUNp BRASS CAP i C] CALCULATED POINT. NEW FIRE HYDRANT 10 11 O P.O.B. POINT OF BEGINNING + ~ 15 14 'C c• KNs ~ FRANKLIN ROAD DATE n 12-14-06 F{ DRAWN BY: lJ ~WS CHERRY LONE CHRISTIAN CHURCH HOUSE RELOCATION PINNY CLE SCALE: w.~.-r ~ R e,.o. ~ ~ M ~ N -r Engineers, Inc. N 1 "a30' ,n~: a e..e.a.. n. s.a. e. ea.., ieeiw ems t Croe1 aes-~neo D...... ~ ..! L J Memo To: Mayor De Weerd 8~ City Council From: Karie Glenn CC: File Date: 12/20/2006 Re: Proposed Agenda Items for 12/26/06 City Council Meeting ~E~ 2 ~ 2006 City ®f° ~eridiasi City Clerk ice The Public Works Department respectfully requests that the following items be placed on the 12/26/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for pro~ect1. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for project1 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. f, City of Meridian Public Works Dept. RECEIVED • Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this 4~ ay of P,t~ 20 ~ between Ch Lane Christian -~ ~'y Church the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide a water main right-of--way across the premises and property hereinafter particulazly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to ma;ntain and service said pipeline from time to time by the Grantee; NOW, TI~REFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement far the operation and maintenance of a water main over and across the following described properly: {SEE ATACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operaton of a water line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and. right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND~AGREED, by and between the parties hereto, that the Grantee, in making firture repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertal~ing such repairs and replacement. However, the Grantee will not be responsible for regain'ng~ replacing or restoring any permanent strvctures,lazge trees or brush placed within the azea described in this easement. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, lazge trees or brush within. the area. described. for this easement, which would interfere with the use of said easement, for the purposes stated herein. Water Main Easement Page 1 EASMT WTR • THE GRANTOR hereby covenants with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its signature the day and year first herein abov~writt~en. STATE OF IDAHO ) ss County of Ada ) On this ~ day of ~~ C . , 20 ~ ~ ,before me, the undersigned, a Notary Public ian and for said State, personally appeared Larry L. Woodard, Outreach Minister and Elder of the corporation that executed. the within instrument, and acknowledge to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz fist above written. ~~~;::••...:: ;r~~s ~_ A~~ l.,+G ~.~r:.~•... ~:r ~d NOTARY PLT.~LIC FOR IDAHO Residing ~ a e~~~~s ~~~ ~ Commission Expires: ®~~ ~ ~ °~ ~ C j Water Main Easement Page 2 F.ASMT WTR CITY OF MERIDIAN Tammy de Weerd, Mayor William G. Berg, Jr., City Clerk Approved by Council on STATE OF IDAHO, ) County of Ada, ) ss. On this day of ,2005, before me, the undersigned; a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz first above written. SEAL Notary Public for Idaho Residing at: My Commission Expires: EkFIIBIT "A" A Water Line Easement situated in a portion of the SE1/4 of the SEl/4 Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the SE comer of said Section 10, thence along the East line of said Section 10 N00°27'06"E a distance of 903.64 feet to a point, from which a brass cap monument marking the NE comer of the SE1/4 of said Section 10 bears N00°27'06"E a distance of 1742.43 feet, thence leaving said East line N89°18'26"VW a distance of 25.00 feet to a point on the West right-of--way line of Ten Mile Road marking the POINT OF BEGINNING; Thence leaving said West right-of--way line N89°18'26"W a distance of 5.8.49 feet to a point; Thence S31°38' 18"W a distance of 35.95 feet to a point; Thence N58°21'42"W a distance of 20.00 feet to a point; Thence N31 °38' 18"E a distance of 47.28 feet to a point; Thence S89° 18'26"E a distance of 69.73 feet to a point on said West right-of--way line; Thence along said West Right-of--way line S00°27'06"W a distance of 20.00 feet to the POINT OF BEGINNING. Said easement contains 2,574 square feet or 0.06 acres more or less and is subject to all existing easements and or rights-of--ways of record or implied. ~° See attached "Exhibit B" and by this reference is made a part thereof. C066119 Water Line Easement 121406.doc y-~~~~~~~ 99~ 99 ~~~~~ E1'3~1J1!'i~N~ A PORTION OF THE SE 1/4 OF THE SE 1/4 OF SECTION 10 T0~'1'NSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 200fi CE PINE STREET "„ a ffdd~~~~,€a r ~._ ~ ~i ~~ r r t 4 ~ ~~ ~~ ®~~ I E 1 /4 ~ CORNER 10 11 i M N ~. I ~- 500'27'06"W S89' 18'26"E 69.73' 20.00 ~~ ~-- - - - r A ~ }~ P.O.B. ~ a 4~/ / N a N89' 18'26"W 58.49 ~ ~ ~ w ~ „~ ~ o z .^,/ ~ (~ N89' 18'26"W ~ ~ F 25.00' o t~ \ / S31'38'18"W I I °z 1 ~7 35.95' N58'21'42' W 20.00' LEGEND --- --- BOUNDARY LINE - - ROAD CENTER LINE EASEMENT LINE TIE LINE NEW WATER LINE FOUND 5/8" REBAR FOUND BRASS CAP i cp o• rn ....................... W(8") RR^ ~°l P.O.B. DATE 12-74-06 B _ R DRAWN BY: L_ cws SCALE: 1 "=30' CALCULATED POINT. NEW FIRE HYDRANT 10 11 -- - - O POINT OF BEGINNING 15 14 ~ FRANKLIN ROAD CHERRY LANE CHRISTIAN CHURCH HOUSE RELOCATI W A T E R E A S E M E N T PINNY CLE Engineers, Inc. X1352 W: Eaaa.tM 6., Su~1. B, Bd.., ImM 83111 (]OBI BB1-1180 December 29, 20D6 MERIDIAN CITY COUNCIL MEETING APPLICANT January 2, 2~7 rrEM No. 6-J REQUEST Change Order No. 3 to Water and Sewer Improvements in conjunction with the Locust Grove Grade Separation with Cascade Pipeline Corporation for $1,000.r~ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: G~-/~ ADA COUNTY HIGHWAY DISTRICT: 1 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: Materiels presented at public meetings shall become property of the City of Meridian. CHANGE ORDER N0.3 DATE OF ISSUANCE EFFECTIVE DATE OWNER. City of Meridian CONTRACTOR: Cascade Pipeline Corooratlon. ~~ CONTRACT: Water and Sewer Imorovements in Coniunction with the Locust Grove Grade Separation Descnpbon: This change order consists of the following work: '~~ • Adjust manhole to approximate grade of new road by adding a 2-foot barrel section. CHANGE IN CONTRACT PRICE: Original Contract Price $ 212,198.00 Net Increase (Decrease) from previous Change Orders No. 0 to 0 $ 20.530.00 Contract Price prior to this Change Order. $ 232.728.00 Net increase (decrease) of this Change Order. 1 000.00 Contract Pric®with all approved Change Orders: $ 233.728.00 _, CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. _ to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase {decrease) this Change Order: Substantial Completion: Ready for final payment: {days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) RECOMMENDED APPROVED ~~~~ inJ'~ A ~1. .` %. rr-•tii ~r'w~ 'ice iiri-i ~'+J ~ Kyle Ra k, PE Staff Engineer Tammy V eerd, Mayor , illiam G.~~rg~Jr., Ciiy Date: ~r' ~~ oG -'/8---v ~`.~~:`.:~,. ....;-~ ~.-p 7 Date: .~ Date: Approved by City Council: ~" ~`" ~ ~ ~~•,~''~~ ~~.~r,~~~-~{~``q~- ~ ~ `~ EJCDC 1910-8-8 (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated Genera! Contractors of America and the Construction SpecNications Institute. • C~ J ~~c~~v~~ ~E~ 2 ~ 200 Memo City ®f serf man Caty Clerk ice To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~f~ CC: File ' l~~ %~ Date: 12/28/06 Re: Proposed Agenda Item for January 9, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 9 City Council agenda, under Consent Agenda, for Council's consideration: Change Order Number 3 to Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation: This change order adds the work of raising an e~asiang manhole close to the approximate grade of the new road. This item was omitted from the construction plans. The change order will cost $1,000. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order Number 3 for Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation for a cost of $1,000 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 • CHANGE ORDER N0.3 DATE OF ISSUANCE EFFECTIVE DA' OWNER Citv of Meridian CONTRACTOR: Cascade Pipeline Corporation. CONTRACT: Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation Description: This change order consists of the following work: • Adjust manhole to approximate grade of new road by adding a 2-foot barrel section, CHANGE IN CONTRACT PRICE: Original Contract Price $ 212.198.00 Net Increase (Decrease) from previous Change Orders No. 0 to 0 $ 20.530.00 Contract Price prior to this Change Order: $ 232,728.00 Net increase (decrease) of this Change Order: ~ 1.000.00 Contract Price with all approved Change Orders: X233.728.00 RECOMMENDED Kyle Ra k, PE Staff Engineer Date: ~~ Zd' ~~ Approved by City Council: APPROVED CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change ftom previous Change Orders No. _ to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) Tammy de Weerd, Mayor Date: ATTEST William G. Berg, Jr., City Clerk Date: EJCDC 1910-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. December 29, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT January 2, 2007 ITEM NO. 6-K REQUEST Task Order 0658a with Civil Survey Consultants, Inc. for Surveying Services Related to Water Main Easement not to exceed AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See dthoched 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: ~,Y ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAMO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at pubNc meeflngs shall become property of the City of Meridian. TASK ORDER N0.0658a CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (SURVEYOR) This Task Order is issued by Owner and accepted by the Surveyor pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN SURVEYING SERVICES RELATED TO WATER MAIN EASEMENT PURPOSE The Surveyor's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally b® described as Land Surveying Services. TASK 0658x. --WATER MAIN EASEMENT Per the City's request, Surveyor will prepare and provide the Owner with a legal description of a 20' wide easement for the recently constructed water main at Plum Creek Northwest Lumber. The Owner will prepare the easement document and record the easement and legal description with the Ada County Assessor's office. Surveyor will order title reports and perform topographic surveying as required to complete legal description. The Owner will provide site markings indicating the location of newly constructed water main. TIME OF COMPLETION Surveying services will be completed prior to February 19, 2007 COMPENSATION The Not-To-Exceed amount for this Task Order No. 0658a is two thousand dollars ($x,000.00). The hourly rate for services and direct expenses is attached (Prevailing Fee Schedule Effective October 1, 2006) and by this reference made a part hereof. CITY OF MERIDIAN SURVEYOR BY: - TAMM WEERD, MAYOR BY: GLENN K. BENNETT ,/ / ~+ ~ ~~ PRESIDENT /~~~~j~v`[~Lii 4~ L~ / ~~r rr;r. r, y ~ ~ - -i... ".. -. '- V ~ 1:.~'.::-..i :~:ii + ~~ 'j' WILLIAM G. BERG, JR., I CLERK :,~ -y+a ~: ~ ~. l~.~ , `~' ~aC~ ;= ,,,~~~,~ cat `~~~,,~~,,, • ~-r-ni n~~~+ Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.E. Vice President Labor: CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2006 ProjecfManager Chief of Surveys Project Engineer Land Surveyor Design Engineer 1 Design Engineer 2 Design/Survey Technician 1 Design/Survey Technician 2 DesignlSurvey Technician 3 Direct Expenses: GPS Vehicle 2-Wheel Drive Vehicle 4-Wheel Drive Outside Printing Long Distance Telepho~ Sub-Consultants ~ivil Survey consultants, Inc. 1400 E. Watertower Street Suite 100 Meridian, Idaho 83642 - $ 1 OS.00 per hour - $ 105.00 per hour - $ 95.00 per hour - $ $5.00 per hour - $ 85.00 per hour - $ 80.00 per hour - $ 70.00 per hour - $ 66.00 per hour - $ 55.00 per hour - $ 40.00 per hour - $ No Charge - $ No Charge - $ Cost ie - $ Cost - $ Cost (208)888-4312 Fax 888-0323 ~J ~~~~~~~ Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer SGT CC: File ~ /~; Vii, City ®f ten iidza~v. City Clerl~ Office Date: 12/28/06 Re: Proposed Agenda Item for January 9, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 9 City Council agenda, under Consent Agenda, for Council's consideration: Task Order 0658a with Civil Survey Consultants Inc. for Surveyina Services Related to Water Main Easement Services under this task order will include services including surveying as necessary to provide a legal description for a water main easement over the water main constructed on Plum Creek's property in partnership with the City. The not-to-exceed amount for the task is $2,000. Recommended Council Action: The Public Works Department recommends that City Council approves Task Order 0658a with Civil Survey Consultants, Inc. for Surveying Services Related to Water Main Easement for a cost not to exceed $2,000 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 ! • TASK ORDER NO. 0658a CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (SURVEYOR) This Task Order is issued by Owner and accepted by the Surveyor pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN SURVEYING SERVICES RELATED TO WATER MAIN EASEMENT PURPOSE The Surveyor's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Land Surveying Services. TASK 0658a. -WATER MAIN EASEMENT Per the City's request, Surveyor will prepare and provide the Owner with a legal description of a 20' wide easement for the recently constructed water main at Plum Creek Northwest Lumber. The Owner will prepare the easement document and record the easement and legal description with the Ada County Assessor's office. Surveyor will order title reports and perform topographic surveying as required to complete legal description. The Owner will provide site. markings indicating the location of newly constructed water main. TIME OF COMPLETION Surveying services will be completed prior to February 19, 2007 COMPENSATION The Not-To-Exceed amount for this Task Order No. 0658a is two thousand dollars ($2,000.00). The hourly rate for services and direct expenses is attached (Prevailing, Fee Schedule Effective October 1, 2006) and by this reference made a part hereof. ' CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Attest: SURVEYOR BY: GLENN K. BENNETT PRESIDENT WILLIAM G. BERG, JR., CITY CLERK Glenn K. Bennett, P.L.S. President Timothy A Burgess, P.E. Vice President Labor: CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2006 Project Manager Chief of Surveys Project Engineer Land Surveyor Design Engineer 1 Design Engineer 2 Design/Survey Technician 1 Design/Survey Technician 2 Design/Survey Technician 3 Direct Expenses: GPS Vehicle 2-Wheel Drive Vehicle 4-Wheel Drive Outside Printing Long Distance Telepho~ Sub-Consultants Civil Survey Consultants, Inc. 1400 E. Watertower Street Suite 100 Meridian, Idaho 83642 - $ 105.00 per hour - $ 105.00 per hour - $ 95.00 per hour - $ 85.00 per hour - $ 85.00 per hour - $ 80.00 per hour - $ 70.00 per hour - $ 65.00 per hour - $ 55.00 per hour - $ 40.00 per hour - $ No Charge - $ No Chazge - $ Cost ie - $ Cost - $ Cost ~~ (208)888-4312 Fax 888-0323 • December 29, 2~6 MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT ITEM NO. G-L REQUEST Approval of State Highway 20126 Corridor Study Letter AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached " ,~ ~~ ~~~`/ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubpc meeMnps shall become property of the City of Meridian. January 2, 2006 Charles Trainor • Director of Planning Community Planning Association of Southwest Idaho 800 S. Industry Way; Ste. 100 Meridian, ID 83642 RE: State Highway 20/26 Corridor Study Mr. Trainor, The Mayor and City Council of the City of Meridian recognize the importance of State Highway 20/26 (Chinden Boulevard) as a major regional transportation corridor in the Treasure Valley. As such, the City of Meridian supports the efforts of Community Planning Association of Southwest Idaho (COMPASS) and Idaho Transportation Department (ITD) in preparing the 20/26 Corridor Study. On November 28, 2006, Don Matson, Principal Transportation Planner for COMPASS, attended aPre-Council Meeting during which he presented an update on the Corridor Study. The City offers the following preliminary comments based upon Mr. Matson's presentation: In regards to the Subjective Screening of Access Management Options- • The City requests that COMPASS revisit the classifications of Alternatives 7 and 8 as "High Potential Impacts" in both Displaced Structures and Proximity Impacts (Noise). If structures are displaced as a result of widening 5H 20/26, then noise impacts cease to be problematic. • The study identifies Alternatives 7 and 8 as "Medium Potential Impacts" for Disruption of North-South Travel. The City requests that the consultants reevaluate the level of impact for these alternatives. If overpasses and interchanges are constructed (as identified in Alternative 7 and implied in Alternative 8), north-south travel will improve significantly. • The City requests that the consultant team include a column related to the impact to displaced people; furthermore, the impacts related to displaced structures are appropriate for inclusion in the Cost column. ~ The City requests further clarification of the methodology and/or metrics the project team used to determine "low," "medium," and "high" potential impacts when the comparative columns are so different (Cost, Air Quality Emissions, Proximity Impacts, etc.). Page 1 of 2 • In general the City is interested in knowing whether or not roundabouts are appropriate at any intersections along the corridor. Creative solutions to transportation-related issues should be kept in mind. Looking forward to implementation, the City requests that individual projects along the corridor be identified and included in the ITD Horizons program as the importance of this corridor, and its inability to function in the necessary manner, increases continually. The City is interested in modifying the Future Land Use Map as identified in the Comprehensive Plan to ensure consistency once the Corridor Study is complete. Of particular interest to the City are (1) the proposed collector roadway network, and (2) right-of--way needs in preserving the corridor. City staff will continue working with the project team as this study moves forward, and will maintain regular contact with the Mayor and City Council as new developments occur. The City appreciates Mr. Matson's time in providing an update on the 20/26 Corridor Study. We look forward to future updates as this study moves forward. Sincerely, Tammy de Weerd Mayor cc. Don Matson Matt Stoll Page 2 of 2 r: ~ . s; ,.. , CITY pF err~tc~ • ~`L ~ ~~ ~ ~ ~ IDAHf) tlYC6 MAYOR 1903 Tammy de Weerd January 2, 2007 CITY COYINCIL J,Y;EMBERS Keith Bird Joseph W. carton Charles M. Rouzttree Charles Trainor Shaun Wardle Director of Planning Community Planning Association of Southwest Idaho CITY DEPARTMENTS 800 S. Industry Way; Ste. 100 city Attoxey/FIR Meridian, ID 83642 703 Main Street 898-55Q6 (City Attorney) 1tE: State Highway 20/26 Corridor Study 898-5503 (HR) Fax 8848723 Dear Mr. Trainor, Fire 540 E. Franklin Road The Mayor and City Council ofthe City ofMeridian recognize the importances of 888-1234 /fax 895-0390 State Highway 20/26 (Chinden Boulevard) as a major regional transportation Parks & Recreation corridor in the Treasure Valley. As such, the Gity of Meridian supports the efforts 11 w Bawer Street 888-3579 /fax 898-5501 of Community Planning Association of Southwest Idaho (COMPASS) and Idaho Transportation Department (TrD) In preparing the 20/26 Corridor Study. On Planning November 28, 2006, Don Matson, Principal Transportation Planner for 660 E. Watcrtower Lane Suite 202 COMPASS attended aPre-Council M ,~,'~,„~, which he resented aII u date ~ during p p 884-5533 /fax 888-6844 on the Corridor Study. The City offers the following preliminary comments rolice based upon Mr. Matron's presentation: 1401 E. Watcrtower Lane 888-6678 /fax 846-7366 In regards t0 the Su~ijective Screening ofAccessMc~agement Options- Public Works • The City requests that COMPASS revisit the classifications of 660 E. Watcrtower Lane AlternatiVeS 7 and 8 as "High Potential Impacts" in both Dispkrced suite 2ao Structures and Proximity Impacts (Noise). If structures are displaced as a 898-5500 /fax 895-9551 result of widening SH 20!26, then noise impacts cease to be problematic. - Building . The study identifies Alternatives '1 and 8 as "Medium Potential Impacts" b60 E. Wa tertower Lane Suite 150 for Disruption of Narth,South Travel. The City requests that the ss7-2271 ! fax ss7-1297 conailtants reevaluate the level of impact for these alternatives. If -Wastewater overpasses and interchanges are constructed (as identified in Alternative 7 3401 N. Ten Mile Road and implied in Alternative 8), north-south travel will improve 888-23.91 /fax 884-0744 significantly. - water + The City requests that the consultant team include a column related to the 2235 N.W. 8th. Street impact to displaced. people; fiuthermore the impacts related to displaced 888-5242 J fax 884. 1159 , ~~,~ are appropriate for inclusion in the Cost COlumiL • The City requests further clarification of the methodology and/or metrics the project team used to determine "low," "medium," and "high" potential Page 1 oaf Z CITY HALL 33 EAST IbAHp AYENIJE MERIDIAN, IDAHO $3642 (208) 888-4433 CITY CLECtK -FAX 858-42J8 FINANCE 6s LTIiL1TY BILLING - FAX 587.4813 MAYOR'S OFFICE -FAX 8848714 Printed on recycled paper • impacts when the comparative cohimr-s are so different (Cost, Air Quality Emissions, Proximity Lnpacts, etc.). In general the City is interested in knowing whether or not roundabouts are appropriate at any intersections along the corridor. Creative solutions to transportation-related issues should be kept in mind. Looking forward to implementation, the City requests that individual projects along the corridor be identified and included in the TTD Horizons program as the importance of this corridor, and its inability to function in the necessary manner, increases continually. The City is inerested in modifying the Future Land Use Map as identified in the Comprehensive Plan to ensure consistency once the Corridor Study is complete. Of particular interest to the City are (1) the proposed collector roadway network, and (2) right-of-way needs in preserving the corridor. City staff will contiuoue working with the project team as this study moves forward, and will maintain regular cornact with the Mayor and City Council as new developmerrts occur. The City appreciates Mr. Matson's time in providing an update on the 20/2G Corridor Study. We look forward to future updates as this study moves forward. Sincerely, 1~~71l7' GZ~~ Tammy de eerd Mayor cc. Don Matson Matt Stoll Page 2 of 2 ~ ~ December 29, 2006 MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT ITEM NO. 6-M REQUEST Agreement for Economic Development with Virtue Enterprises, LLC 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 CEMRAL 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. ~ i ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIItTUS ENTERPRISES, LLC TffiS AGREEMENT, effective this 21 day of December, 2006, by and between the CITY of Meridian, a municipal corporation organized. under the laws of the State of Idaho, hereinafter referred. to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and VIRTUS Enterprises LLC doing business and hereinafter referred to as "VIRTUS", 2043 E. Redwick, Meridian, Idaho 83642, a limited liability corporation organized under the laws of the State of Idaho. 1. Scope of Services: VIRTUS has designated a primary team to serve the needs of this Agreement. That team is identified as: Phil Stiffier, Sr. -Project Team Leader Josh Grant Project Execution Specialist Phil Stigler, Jr. -Founder and CEO, VIRTUS Enterprises, LLC Shaun Wardle -Executive Vice President The team shall be the CTTY's contact and shall be accountable to the City and the conditions of this Agreement. Any changes to the make-up of the four (4) designees or the designated roles as defined shall require the Mayor and Council consent. The CITY is awaze and does contemplate that VIltTUS will hire other personnel and contract with other resources to serve the needs of this Agreement. Those decisions shall remain within the discretion of VIRTUS. A copy of the RFP prepared by VIRTUS shall be incorporated by reference and attached to this Agreement. A Scope of Work prepared by VIRTUS is attached to the Agreement and is hereby incorporated by reference. VIRTUS shall perform all services, made a part of this Agreement and may receive additional duties as assigned the aze consistent with the intent and objectives of this agreement. If VIRTUS believes the additional duties are outside the scope of the Agreement they must raise that issue to the Mayor as soon as reasonably possible. VIltTUS shall act under the direction and at the pleasure of the Mayor and CITY Council. They shall be responsible for coordination of the CITY's economic development strategy, which includes downtown economic development in cooperation with the Meridian Development Corporation (MDC) (as it relates to commercial and industrial development). VIRTUS's work is characterized by duties associated with planning, developing, managing, and completing economic development projects and programs; coordinating with business and development interests; and partnering with the ECONOMIC DEVELOPMENT COORDINATOR AC3REEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTU$ ENTERPRISES, LLC -PAGE 1 OF 1 O • business community for funding on specific projects. They will act as liaison with CITY departments and officials; and represent the CITY where appropriate in economic development meetings The Mayor will provide VIRTUS with assignments in terms of broad practice, precedents, policies, and goals. Work may be reviewed by the Mayor and/or City Council for fulfillment of program objectives and conformance with City policy and practice. The focus of the Economic Development Coordinator shall be around five (5) primary areas that have been developed over the last year incorporated by reference and attached to this Agreement: • Corridors • Existing Business Developments • Positioning/Planning • Economic Development Relationship Building • On-Going Tracking and Support The general nature of the work involved as the Economic Development Coordinator shall include, but are not limited to the following areas: weekly business visits if that can be accommodated with the Mayor's schedule, coordinating the maintenance of a website, working on the development of the marketing materials and the continued efforts with the Medical/Health Sciences district (this includes working on a targeted business list for recruitment); and follow-up with the Economic Development Council in partnering opportunities; respond to business inquiries, Economic Development partners, developers and their projects; the South Meridian and Ten Mile planning activities as they relate to Economic Development and the necessary follow up. VIRTUS will coordinate, when appropriate, with other CITY departments such as Building, Planning and Zoning, and the City Attorney's office. Additionally VIRTUS will coordinate, when appropriate, with the Meridian Chamber of Commerce or the Boise Palley Economic Partnership. VIRTUS agrees to, and does hereby grant the CITY the rights to reproduce use and disclose for CITY purposes, all or any part of the reports, data, technical information and client information furnished to the CITY under this contract. All information received by VIlZTUS, during the course of this Agreement or the preceding Agreement between VIRTUS and the CITY shall be the intellectual property of the CITY, however obtained, and in whatever format obtained, shall be the properly of the CITY. To the extent permitted by Idaho law, such information shall be confidential and therefore shall not be disclosed to third parties unless permission is first obtained from the Mayor. Upon termination of ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN 'THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 2 OF 10 • services provided under this agreement, VIRTUS shall promptly deliver all materials and equipment received by VIRTUS to the CITY. VIRTUS shall not retain any such materials or information in any form unless VIRTUS has received written permission from the CITY. Nothing herein shall be construed to violate the Idaho Public Records Act. VIRTUS retains all rights to proprietary information received due to their existing relationship with AspireOn, Inc., Meridian Development Corporation (1VIDC), or other contracted partners. VIltTUS shall retain exclusive right to that information. This Agreement does not prohibit VIRTUS from engaging in other business agreements with other public or private enttities for matters unrelated to Economic Development. The City reserves the right to limit or exclude VIRTUS from entering into other Economic Development agreement during the term of this Agreements with other public entities. An agreement with the MDC is exempt from this prohibition. VIRTUS may act as the spokesperson for the CITY in fuutherance of this Agreement, but shall coordinate that effort with the Mayor's office. The CITY shall reserve the right to be the lead and spokesperson on any CITY related matter. Furthermore, the CITY shall approve and may provide the letterhead and business cards necessary for the fiutherance of this Agreement to VIRTUS. If the City provides the business cards and letterhead it shall be at the CTTY's expense. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2007 unless earlier terminated or extended. 3. Indemnification and Insurance: VIRTUS shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by VIlZTUS, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. VIlZTUS will provide services to the CITY and shall be liable for all acts of their employees while upon the premises of the CITY. Additionally, VIRTUS shall maintain Workers Compensation Insurance, in the statutory limits as required by law. VIRTUS shall provide the CITY with a Certificate of Insurance, or other proof of insurance evidencing VIIZTUS's compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, VIltTUS shall immediately submit proof of compliance with the changed limits. Evidence of all insnran~ shall be submitted to the CITY Clerk with a copy to Meridian CITY Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. The CITY will further indemnify VIRTUS for any losses, claims, actions, or acts by the CITY, its agents or employees, taken in furtherance or related to the information provided from ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CTTY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC-PACE 3 of 10 VIRTIJS. VIRTUS shall not be liable to the CITY and the CITY shall hold VIRTLTS harmless for acts or omissions related to Economic Development efforts done prior to the effective date of this Agreement. 4. Independent Contractor: In all matters pertaining to this agreement, VIRTUS shall be acting as an independent contractor, and neither VIRTUS nor any officer, employee or agent of VIRTUS will be deemed an employee of CITY. VIRTUS shall maintain offices separate from the CITY. VIlZTUS may have access and use of CITY conference rooms for meetings in furtherance of this Agreement. Any contacts that originate with the CITY in regards to Economic Development will be hansmitted and communicated to VIRTUS in the most efficient and expeditious manner. 5. Reporting Relationships: VIlZTUS shall be compensated for their consulting services pursuant to and specified in attached Exhibit "A." For the purposes of contact for compliance with this Agreement VIRTUS may deal exclusively with: Mayor Tammy DeWeerd City of Meridian 33 E. Idaho Meridian, ID 83642 At the Mayor's direction any information may be simultaneously transmitted to the Mayor's staff 6. Reporting: VIRTUS agrees to prepare and furnish a monthly activity report for payment of services by the CITY. The report shall consist of information that can be disseminated to the public and show the progress towards each of the five (5) Primary areas described in paragraph 1. The first report shall be due at the end of January, 2007 and at the end of each subsequent month thereafter. VIRTUS firrther agrees to meet, at a minimum of, every other week with the Mayor to discuss progress and activities performed. In general the status report for this meeting will include details regarding: contacts made; inquiries regarding -new or expanding business, fielding of the original call, number of calls to collect information, material/packet sent, follow up on status, etc. VIRTUS further agrees to provide a quarterly summary presentation to the City Council in a public meeting of progress and accomplishments related to the fulfillment of the terms of this Agreement. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGB 4 OF 1 O i 7. Compensation: VIRTUS will receive a retainer of $7650.00 per calendar month for all services within the Scope of Services and accompanying axtachments and incorporated herein by reference. If expectations are not being met by either party then the parties may Meet and Confer as contemplated by this Agreement. VIRTUS shall be responsible to provide a summary activity report of services provided on a monthly basis as described in paragraph 6. VIRTUS will be paid monthly. If this Agreement is entered into ar terminated within a calendar month VIRTUS shall be entitled to a pro-rated portion of payment for that month. It is contemplated by the parties that VIRTUS may incur necessary expenses in the performance of their duties under the terms of this agreement. It is agreed upon by the parties that such day-today expenses include, but are not limited to, office supplies, general copying, and postage, business related types of expenses are included in the monthly retainer. The CITY will reimburse for previously authorized color copying and. mailing of marketing materials. The CITY may also consider reimbursement for extraordinary expenses. This shall include but is not limited to large scale copying for mass mailings, development and printing of new marketing materials, conducting large scale seminars or workshops, travel outside of Ada or Canyon County for activities of such magnitude that they could not have been included in this Scope, but fiuther the Economic Development intent of this Agreement. Any such request for reimbursement of extraordinary expenses, including but not limited to travel outside of Ada or Canyon County, and the associated registrations, fees, or costs of attending seminars, institutes, or conferences shall be brought separately for consideration before the City Council for specific authorization prior to incurring the expense. All appropriate receipts must be provided for reimbursement after approval. 8. 1Voticec: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 ATTN: MAYOR'S OFFICE VIRTUS 2043 E. Redwick Meridian, Idaho 83642 ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC-PAGE 5 OF 10 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that VIRTUS shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Services required herein, VIIZTUS shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancesizy, age or disability. 13. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of VIRTUS' S records with respect to all matters covered by this Agreement. VIRTUS shall permit the CITY to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, and other daxa. relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data. or other materials prepared. under this Agreement that are property of the CITY. VIRTUS does use material prepared and copyrighted for ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 6 OF 10 their use in furtherance of this Agreement and contain proprietary information that derives separate individual economic value to VIRTUS. Those documents may not be reproduced without the express written consent of VIlZTUS. Documents that aze restricted by this condition must be clearly marked and identified by VIRTIJS to claim this exclusion. Said proprietary materials shall remain the property of VIRTUS and utilization of such proprietary materials by the CITY outside of this Agreement or ongoing beyond the term of this Agreement would require a separate licensing agreement to be entered into by the parties. 16. Comlrliance with Laws: In performing the scope of services required hereunder, VIRTUS shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of YIRTUS' S compensation, which aze mutually agreed upon by and between the CITY and VIRT'[JS, shall be incorporated in written amendments to this Agreement. 18. Itenev~al: No less than one hundred and twenty (120) days prior to the end of this Agreement VIRTUS may notify the CITY of their desire to enter into a new agreement with the CITY. Failing to do so is not a baz to a new agreement, but may be considered by the CITY in their decision. The CITY may request information regazding any requested changes to the proposed Agreement upon renewal including but not limited to Scope of Work and Compensation. The Notice of desire to enter into a new agreement and the CTTY's request for information regazding changes to the agreement does not bind either party to a final agreement. It is contemplated by both parties to this Agreement that the intent of the Notice and Request are merely for exploratory purses and both parties will have to enter into formal negotiations and consensus prior to the entering into a new Agreement. 19. Termination: For Canse: If, through any cause, VIRTUS, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepazed under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, the CITY may immediately terminate this agreement with notice to VIRTUS. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OlF MERIDIAN AND VIRTUS ENTERPRISES, LLC-PACE 7 OF 10 Without Cause: If the Mayor and the City Council determine that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to VIIZTLTS of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. The City Council may also unanimously, without the consent of the Mayor, terminate this agreement without cause subject these provisions. VIRTUS may also terminate this agreement at anytime by giving at least thirty (30) days notice to CITY. If the termination is within a calendar month the period of time shall extend to the end of the month beyond the thirty days. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by VIRTUS under this Agreement shall, at the option of the CITY, become the CTTY's property, and VIRTUS shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. This shall include apro-razed portion of the contract to the end of the termination period. Notwithstanding the above, VIRTUS shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by VIRTUS, and the CITY may withhold any payments to VIRTUS for the purposes of set-off until such time as the exact amount of damages due the CITY from VIlZTLIS is determined. This provision shall survive the termination of this agreement and shall not relieve VIlZTUS of its liability to the CITY for damages. 20. Constriction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes arty and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. The parties also understand that VIRTUS has an existing Agreement with the MDC that is authorized by the CITY. The CITY may contract with VIRTIJS to perform other functions not included in the Scope of Services of this Agreement. Any such contemporaneous agreements shall also be in writing and may be substantially similar to this Agreement. ECONONIIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OP MERIDIAN AND VIRTLTS ENTERPRISES, LLC -PAGE 8 OF 1 ~ 22. Applicable Law: This Agreement shall be governed by and construed and enforced. in accordance with the laws of the State of Idaho, and the ordinances of the CITY of Meridian. 23. Meet and Confer: The parties to the Agreement hereby agree to meet and confer regarding any disputes that may arise in the course of this Agreement and to seek consensus. This provision shall not apply if the CITY wishes to terminate this Agreement for cause. If consensus cannot be reached then the parties have not waived any available remedies available by law or this Agreement, up to and including termination of this Agreement. 24. Approval Required: This Agreement shall not become binding until signed by VIIZTUS, approved by the City Council, signed by the Mayor and attested by the City Clerk of Meridian. The parties agree that the effective date of this Agreement shall be from December 21, 2006. Dated this day of _ , 200_ VIlZTUS Enterprises, LLC er, S Dated this ~ day of ~ 200 7 CITY OF MERIDIAN BY: TAMMY DE E ,MAYOR ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN TIC CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 9 OF 10 Dated this ~ %~day of ~~~-~z. 200 7 Attest: ~/~h WII..LIAM G. BERG, tt~i~ltii~~ii: a`4~4~\®a~~ ~'~~ t `/Al ski®®dsi s ~ ~ = q~ ~,~ s CITY CLBRK ~ ,,gar J'// v ~„~~~@,a ~oe~rri@a~~ i~aaaaeeaa~ ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC-PAGE 10 OF 10 t o .i t DRAFT SCOPE OF SERVICES Exhibit "A" The following document ident~es Economic Development Team Consulting Services to be performed for the City of Meridian. I. Proj®ct Outcome Focus Areas: 1. Business Enterprise Corridors a. Develop marketing plans for corridors i. Medical ii. North: Hi-Tech iii. Ten Mile iv. South: Bio-Tech/Nutraceutical b. Target development for corridor recruitment c. Marketing materials -joint promotion and coordination between City, Private, and MDC d. Identify, plan, and work with appropriate City officials for infrastructure needs e. Active and passive targeted recruitment efforts 2. Existing Business Development a. Facilitate four meetings per month with Meridian businesses (inclusive of site visits with the Mayor) b. Engage participation from Meridian businesses in economic development efforts c. Research and identify possible capital networks for supporting economic development d. Plan an economic development meeting of Meridian businesses (work with Chamber to have them coordinate this effort) 3. Positioning/Planning a. Promote and tell the story of the City's vision and economic development plan for excellence as directed by the Mayor b. Coordination with Chamber on outlined plan for enhancing workforce training and follow up on progress c. Communicate/update appropriate parties (Mayor, Leadership, Council, and/or Economic Development Counal) on a routine basis. d. Routine updateslmeetings and collaboration with the Mayor (twice a month) 4. Value Project Facilitation a. Work with Development Services Manager and Building Coordinator to facilitate quality service for building coordination issues (collaboration and cooperation in meeting needs). b. Identify can-ent value projects and maintain acurrent/updated list of activities. c. Work as a liaison and catalyst as needed on ident~ed value projects to maintain momentum and ensure projects meet their goals for development (working collaborativelywith Planning, and City Attorney's Office). 1 ASpI CQp~. .w 5. Economic Development Relationship Building a. Active participation in identified State and Treasure Valley economic development groups/committees b. Identify and proactively engage and maintain relationships with community partnerships, MDC, Chamber, etc (public and private) who represent significant stakeholders c. Opportunities for joint promotion and coordination with Chamber developers, businesses, MDC, other communities, etc 6. Ongoing Tracking & Support a. Manage and direct economic development website updates, maintenance, and development as needed b. Track reasons why businesses are choosing, or not choosing, Meridian or Idaho c. Maintain a current list of necessary statistical database information (or acxess other City departments) d. Begin building an inventory database of businesses II. Retainer Understanding: A. General Retainer Assumptions and Terms: 1. Retainer will be prepaid on a monthly basis and deemed due upon the 1~ of every month. 2. Monthly Retainer - $7,500/month III. Expenses Out of pocket expenses directly incurred in association with perForming the services as outlined above will be submitted to the Ciiy for reimbursement. Expenses are anticipated to include, but are not limited to: IuncheoNmeetings costs for attendance at approved meetings/sessions (i.e. BVEP, State Economic Meetings, etc), and tradeshows. As directed, approval will be obtained from the City prior to incurring expenses. 2 `~ . Aspir~~. ~ ~ • ~a C O y. W j m O "'~ ~~ ~ ~ Q W N Ill (Q ~~ ~ O ~ O 0 0 ~' (Q ~~ ~~ ~ ~ a. S?o < ~y ~ ~~ m j m Q ® a ~c ~. ~;~ do~~~ $ O~ o.D n~ _ ~ y ~ ~~~~~ a ~ ~, 0o jcjn ym~'vaci ma. ~~ya coy~'•°'o ~m >>~cu ~~0.:d~ a p `~ ~ y ~ ~ 'D co c~2. ,.o a y ~ o~ 0~ m~ 0 ~a o~'~a ~g n~i~~<m 0'~~ p m ~ y C1 O O.~p' O- °. a °. ~ $ 3 ~ ~; m 0 ~. cu 0 y coif aim°v~, oO~oN °.~ ~ ~O 0 ~ ~o -, m ~ m a a~0 °, ~~ N 3 ~~ o• c~ 'ate ~ 3~ oa ~ ~ ~ ~ ~o ~ o: y a 0 ~ v -o ~C3 yin 03 ~. y O O a ~ ~ ; ~D C C7 O -p y ~ y y ~ N m ~ mr- ~ n3 ~ ~ m ~ o s ~ m ~ ~ ~ 0 ~ o v ~ ~ o- y o ~• m i T O ' 1 < N C~ n ~ ~ ~~ X O Sv (D C ~ ~* O ~' N ~~ ~~ ~ ~ O ~ ~ ~ ~~ ~ ~ ~ o ~a$ ~ ~o nn~ v ~v~m~ Da~=10 0 0 o g u; - m~ 0 n 0 ~ •o chi ~-~:°:~°~i ~;~ ~ ~ ~3 m ~ ~ ~ n. ~~ ~.cQ m y y`~~ W vC'..C „Or O j NtG ~ ~a~'~;~'O m 3 N C O C > > ~ ~ pl " s'~ y ~ 'D ~Q ~D ~ -., a ~ ~;> >•~ ~Ol g $ a ~ ~ ~°c -o ~a c<o chi ~r'rN ..~i < 0-0 ~ .. O an ~ 0 ni o ~ 001 y-o ~ ~~'- ~ ~ ~ ~c~ m~°'d 0cc' 0 ~ ~ ~, ~. -o - ~ ~:`~ 0 m ~ ~ 0 ~' m y g ~ m .-~. ~ ~ .O ~ O ~ O d! ~G 7C - -+ N ~ rt ~ ~: ? ~ y -o O -'~ ~ o. ~ ~ ~~p. ~ o; off,. (o'~ N (D a N 3 N rt ~ () ~ .. O O •°0~nn~i 0 u•°i~ ~v~~ ~-o°o 0 -~5~ -, o -~~ °. o o n~ 3 m ~mc~°- ~ o~ ~ mN v0iflai' ~on. $~a~ao ~rn a a~>> ~$ z m ~> > ~. g C~$. m ~° g c m o 0 c~ .. Q. 0 0 0 $ y y v, a ~. ~ ~ a3cn ~ 'a•~l. 3 $~ a ~ ~'~ ccc~n o -~ 3 ~~3$ ~o m o acc ~ ~ ~ ~ a v0, a~ H ~'~ ~~m'v° 0 ?$ v o ~-°o y ~0 ~ .. o ~' ~ ~ moo o ~ =°~ m x'330 ~Dc~ ~ ~, o ~, -' o °, 'c~ ~ m 3. 3 0 0'3' ~ O1 ~ n ~ ~ 0~~ ~ ~ occ' d n< ~m va, ~ o ~1 c-' ... -, 3 ~D O a 7 y W I71 ~ O ~ O~ to m rS' .=- ~D C .~' O ID 0~ X ~~ ~ ~ O ~ ~ N C1 ~ ~ O ~ ~ a '-I -~ a o -o a 3 0 ~~ _ ~~ m ~ ~ 8, -. ~~ ~ o (D j y a Q cc ~ ~ ~- ~. n O O n O rn~ •V e~~- J O e-t O V+ • i r~ ~~: 8 -- ~< ~1 1"YI ~ ~ ~~4 ~r .~ c~~. ~ 0= ~9®~ Proposal and Statement of Qualifications: Economic Development Coordination Services ~ i November 13, 2006 Economic Development Coordination Selection Committee City of Meridian c/o Will Berg, City Clerk Meridian City Hall 33 East Idaho Avenue Meridian, Idaho 83642 RE: Economic Development Coordination Services -Proposal and Statement of Qualifications Dear Selection Committee, Virtus Enterprises is pleased to submit this statement of qualifications for Economic Development Coordination Services to the City of Meridian. Our team approach and extensive experience/knowledge will provide the coordinated resources for proactive execution to further the City's goals for economic excellence. These professional services will provide a catalyst support team for the City's ongoing initiative of being "Built for Business and Designed for Livingfl. Our team resides in Meridian, and has worked closely with community leaders, various stakeholders, and City leadership and staff to further the economic viability of our fast growing City. We are committed to supporting the City's focus for ongoing managed economic growth and positive economic stability. The time is now to effect changes and take the Economic Development initiatives to another level of professional services. Meridian's economic landscape will prosper through planned diversification and value added job growth while supporting existing, emerging, and new businesses (targeted quality recruitment). Our firm belief is that the City has spent the last several years building a solid foundation for a forvvard focused and strategic execution plan. At the direction of the Mayor and Council, our approach will include integration of current coordinated efforts and resources to achieve measurable results. Virtus Enterprises brings to the City of Meridian experience not only in economic development, but specific experience in leadership development, relationship management, real estate finance, municipal planning, strategic planning, project design/execution, construction management, and financial accountability. In addition to these competencies, our team has solid knowledge of the planning and development process in Meridian inclusive of relationships with staff performing these functions. Team members also bring strong relationships and experience in working with Cities, Counties, Chambers, State and Federal agencies, businesses and related stakeholders related to Economic Development. This includes direct experience with such entities impacting, partnering, and working with the City of Meridian. We look forward to the opportunity for collaborative discussion of our presentation and the potential for working with the City to achieve desired objective. Sincerely, Phil Stiffler Sr Excellence Catalyst 2 TABLE OF CONTENTS Section 1-Qualifications & Experience of 4 Staff Assigned to Project 1.1-Description of Firm 5 1.2-Firm Qualifications 6 1.3-Project Responsibilities g 1.4-Consultant Team 10 Section 2-Relevant Experience 13 2.1-Relevant Projects 14 2.2-Letters of Reference 1 g Section 3-Proposed Approach 26 Section 4-Appendix 28 4.1-Resumes 29 4.2-Relationship Disclosure 36 4.3-Client List 37 4.4-Program Sample 38 3 Section 1 ,~= Qualifications & Experience of Staff ~~~ Assigned to Project Qualifications & Experience of Staff Assigned to Project Section 1.1-Description of Firm Section 1.Z-Firm Qualifications Section 1.3-Project Responsibilities Section 1.4-Consultant Team 4 Section 1.1 Description of Firm Virtus Enterprises LLC was established in the state of Idaho with its headquar- ters and primary offices located in Meridian. Virtus is a recently established sis- ter entity to Aspireon.com Inc., a long standing and well established perform- ance consulting organization. The Stiffler Family, as the principals and owners of both entities, established Virtus as an independent entity to focus on out- sourced management execution services. As a related entity to Aspireon, Virtus has the benefit of drawing on the estab- lished expertise, capabilities, and project management knowledge of Aspireon. Virtus Enterprises will provide the City of Meridian with proven competencies, methodologies, and experience coupled with focused leadership execution nec- essary to align resources for achieving goals and success. The overall capabilities and talent resources of the Virtus Team augment the attributes of our Project Team Leader. This will provide the City with valuable access to the strategic resources and support of a collaborative team with di- verse capabilities. Resumes and background information on a selection of core team members is provided in this packet. Virtus has identified an outcome and local community motivated Project Team Coordinator with proven management capabilities, a demonstrated commitment and passion in support of the City's vision. As the Project Team Leader, Phil Stiffler Sr. will serve as the primary coordination liaison with the Mayor. He will bring accountability, enthusiasm, and the leadership courage to drive identified initiatives to accomplish the City's goals. In addition, Virtus Team members Josh Grant, Phil Stiffler Jr., and Shaun Wardle have been selected to provide the primary execution efforts to assist Phil in this endeavor. These individuals share the same passion and commitment to the Meridian Community and also possess substantial experience engaging public and private sector entities. We recognize, appreciate, and look forward to addressing the opportunities, challenges, and responsibilities facing the City of Meridian. Virtus is uniquely qualified to meet challenges that may arise in pertorming the proposed contract and is committed to allocating, as needed, the appropriate team expertise and resources to drive results and achieve the identified objectives. The Virtus Team is anxious for the opportunity to provide accountable and coordinated management services consisting of achieving the vision for economic excel- lence. 5 • Section 1.2 Firm Qualifications Economic ®evelopment -Extensive and diverse background in all multi- faceted aspects of meaningful economic development, growth, value added business recruitment (job creation), infrastructure support planning, and assis- tance to existing and emerging businesses. Experience includes working with economic development entities, direct business recruitment activities, visioning/ strategic planning with Cities, supporting and implementing marketing strate- gies, and consulting~nancing support to businesses. Specific related accom- plishments and activities in support of qualifications are summarized below: • Demonstrated integration experience for developing collaborative relationships for economic develop- ment between cities, counties, educational institutions, chambers, developers, other govemmental agencies, and stakeholders. • Extensive background in working with Cities in overall strategic planning inclusive of alignment/ integration for meaningful economic development initiatives to benefit of overall stakeholders. • Direct continued consulting on a national basis (traveling and supporting execution efforts) with entities in food related manufacturing processing and inspection products, distribution businesses, pharma- ceutical inspection, interactive technology deployment, entertainment venue industry, and marketing services for doverse enterprises. • Extensive experience working with emerging companies and educational institutions on transferring technology to the private enterprise. • Development of concentrated forecasting models based on historical data. • Effective budget preparation and execution. • Specific knowledge of municipal financing and budget process. • Annual budgeting processes streamlined and measured monthly after approval. • Significant efforts managing transactions relating to real estate acquisition and financing. • Interim construction financing and long-term debt structuring. • Experience with both private equity and institutional lenders. Strategic Planning -The Virtus Team has over 50 years of results-based stra- tegic planning/positioning experience. Virtus goes beyond traditional ap- proaches to strategic planning. Our strategic positioning services encompass implementing a dynamic positioning capability that allows an organization to identify and target opportunities as well as rapidly adapt to new challenges or changing markets/business assumptions. • Provided department specific and organization-wide strategic positioning and execution efforts to out- line objectives, action items, and facilitate accountability for the present and future in both public and private organizations. • Delivered focused and results oriented strategic positioning for economic development efforts for sev- eral Cities (working with all stakeholders to help prioritize and focus initiatives). • Actively engaged on major projects working with emerging companies, educational institutions, and govemmental agencies on transferring technology to the private enterprise. • Developed targeted marketing planning for focused quality job growth. • Workforce development, strategic planning, and implementation. 6 Section 1.2 Firm Qualifications Project Execution -The referenced Virtus team represents over 50 years in proven project leadership capabilities garnered from leading a wide range of functional and cross disciplinary teams. The Virtus Team has successfully im- plemented and managed strategic and operational management processes for entities inclusive of business enterprises, municipalities, real estate developers, and public utilities. With a focus on strategic%perational execution we have es- tablished areputation for driving operational results by: • Implementing a proven project execution process that identifies goals, objectives, and acxountabilities based on organizational capabilities and stakeholder/customer feedback. • Meeting deadlines, driving outcomes, and overcoming challenges. • Translating strategic goals to daily accountability and pertormance management. • Practicing proactive communication and conflict resolution. • Harnessing anticipatory and contingency thinking concepts and processes. Leadership & Communication -Virtus takes a proactive role to internal and external communication of necessary information to ensure effective dissemina- tion and coordination of data as well as a collaborafive approach to problem pre- vention/resolution. Our team consists of breakthrough~nnovative leaders, pos- sessing leadership courage and dynamic communication abilities as well as strong anticipatory and strategic thinking competencies with the capability to drive performance, change, and excellence. • Consulted on and directly lead the development, management and implementation of regional and national marketing campaigns ranging from new product/service launches to complete corporate re- branding efforts. • Close work with Public Relations agencies designed to implement public awareness campaigns. • Facilitate strategic positioning and visioning sessions with City Councils, Boards of Commissioners, and Boards of Directors. • Keep client leadership well informed with concise and focused summary data to help make timely and well informed decisions and support a results driven environment. • Communication efficiencies, including effective web-site design and update. • Public Speaker Series Delivery-Community groups such as Chamber of Commerce, IGwanis, and Rotary. • Direct lobbying intertace with governmental agencies. • Demonstrated track record for proactive communication of efforts with internal staff and external stake- holders. • Brand, image, and product messaging conceptualization and development. • Strategic and tactical marketing communications. • Results driven, targeted marketing/advertising, and promotions activities. 7 Section 1.2 Firm Qualifications F ,; ___ -. ~~ Relationship Management - Virtus has proven capabilities in managing rela- tionships with clients. • Professional track record of acxountability and exceptional customer service • Proactive communication and coordination with related parties to build mutually beneficial solutions. • Integrity and values based honest engagements in order to build long term relationships • We consider our clients as partners and strive to achieve common objectives with them • We celebrate the successes of our clients • We believe in hard work, due diligence, and continued learning in order to maintain insight, anticipate needs. and prepare for opportunities, in order to achieve positive results for our clients. • We maintain our values and commitment to the clients of our clients 8 • Section 1.3 Project Responsibilities Below is a list of the key responsibilities, divided into three levels A, B, and C. Below each responsibility are the individuals that will be assigned to execute the identified responsibility. Individual qualifications are identified in Consultant Team Bios located in Section-1.4 and in resumes located in the Appendix, Section 4.1. Strategic Developer Employer Project Execution Strategic Engagement EX@CUtlon (i.e. real estate Marketing 8 development and Recruitment Level A reuse Phil Stiffler Sr Phil Stiffler Sr Josh Grant Phil Stiffler Jr. Phil Stiffler Sr Josh Grant Shaun Wardle Josh Grant Phil Stiffler Jr Stakeholder Communication Developer Relationship Management Level B Josh Grant Virtus Execution Support Personnel'" Virtus Execution Support Personnel* Phil Stiffler Sr. Support Functions Trends -Market Analysis -Database Mgmt - Website Mgmt Level C Virtus Execution Support Personnel* Flll such activities will be coordinated with City officials and staff to allow for timely communication and professional customer service. *Virtus has access to a number of internal and contracted resources with the rele- vant experience and proven capabilities to perform the identified functions. Such resources will be allocated strategically to this project to accomplish overall objec- tives and performance expectations. ~' ;-- ~~ Section 1.4 Consultant Team Phil Stiffler Sr -Project Team Leader Phil has over thirty years of broad based business management, corporate banking, and consulting experience. He has delivered and implemented fo- cused services related to proactive engagement, performance coaching, team collaboration, leadership enhancement and strategy execution. Phil's client experience includes diverse business enterprises, service organiza- tions, public utilities, government entities, financing sources and real estate/ economic development related entities. His background includes direct hands-on experience and initiatives regarding overall Economic Develop- ment and Business Recruitment success. His banking~nance background includes corporate financing for national and regional organizations and SBA and various governmental grants and programs for communities and eco- nomic development initiatives. He has continued to build relationships, establish buy-in and ownership, and overall enthusiasm with the people engaged. This effort has translated to op- timum performance and accountability for results. He has made a personal commitment to Leadership Enhancement initiatives, coaching leaders to demonstrate leadership courage and take the responsibility for "telling the story" for their organization. Examples of direct experience and exemplified accomplishments in Eco- nomic Development related activities are bulleted below: • Team leader on successful recruitment of Hewlett Packard to their Liberty Lake, Wash- ington location. Direct marketing and relationship building efforts for over a year in com- petition with other possible locations. • Over six years of focused national account marketing and client management to major Fortune 500 companies across the U.S. inclusive of providing comprehensive financial services (cash management, corporate financing, international banking, investment al- ternatives, and M&A support) to these same entities. Demonstrated success in growing overall portfolio, relationship enhancement, and recruiting the business of these enter- prises. • Principal catalyst for formation of one of the first Economic Development entities (as separate entity) from the Chamber of Commerce in Western U.S. Initial Board Member of this entity. • Primary overall consultant for over three years for a major resort and condominium de- velopment in Hawaii-oversight for planning, legal issues, financing, relationship with gov- ernmental entities, and overall execution. • Direct management of a diversified mortgage banking operation inclusive of underwriting and placement experience for multi-family, commercial, residential, and condominium projects. io ~: I I' ~i, ~~ J Section 1.4 Consultant Team Josh Grant Project Execution Specialist Josh possesses over 9 years of successful background in relationship sales, marketing and management as well as project management. With over 6 years with Virtus/AspireOn, he has assisted in the strategic positioning/ planning process of multiple clients - developing a new strategic positioning, execution, and accountability process for clients to translate their plan into results. He has worked with both public and private organizations in various process innovation efforts to evaluate and identify new methods to maximize resources, reduce costs, and performed market opportunity. As a results ori- ented project manager, he frequently exceeds client expectations (timelines and deliverables). Josh is currently serving as a member of the MDC and City Wireless commit- tee, providing valuable research and input to the overall implementation of the downtown wireless initiative. In previous positions, Josh has been recognized with several awards for pro- duction/results. These awards include "Best in Class", Top 20 "rookie" loan officer (nationally), and "A" team. Phil Stiffler Jr.- Founder and CEO Virtus Enterprises LLC With over a decade of results based experience in strategic implementation, change management, project execution, and business leadership/ management Phil has assisted numerous private and public sector organiza- tions in driving positive perFormance. As a Co-Founder of AspireOn Inc. he has been instrumental in implementing leadership, strategic planning, project execution, and performance processes for manufacturing, software develop- ment and information services companies as well as numerous municipalities and public utilities. As a founder of Virtus, Phit is utilizing his proven leader- ship, business development, and strategic implementation expertise to drive growth and optimized performance for Virtus clients through outsourced proc- ess management. With regard to the proposed Meridian Development Coun- cil project, his capabilities and experience will provide valuable input and ef- fort, as needed to augment the Virtus team, in regard to strategic planning, operational management, marketing, project execution, and business recruit- ment. ii ~ ~ Section 1.4 Consultant Team Shaun Wardie-Executive Vice President Leadership" is the phrase most commonly used to describe Shaun's personal philosophy. He believes in empowering those on the team, while leading from the front. Results cannot be derived simply through delegation, they must be earned with hard work and perFormance. Interacting with Shaun may at times push con- ventional limits of expectation, but the rewards and results continue to materialize. Graduating from Meridian High School and completing his undergraduate degree at the University of Idaho provide Shaun with a solid background in business phi- losophy. The balance of exceptional professional achievement and strong com- munity leadership make him the ideal candidate for Project Manager of the MDC contract. Professionally, Shaun is currently the Chief Operations Officer of the Idaho Ath- letic Club. In his tenure, the company has grown from 2 locations to 8, and from 90 employees to over 300. Shaun's focus on building new facilities begins with real estate selection and market research. Shaun has had direct dealings in the entitlement process with the cities of Boise, Eagle, Meridian, and Caldwell, along with ACHD, ITD, Army Corp of Engineers, and all local Utility providers. Elected to the Meridian City Council in 2003, Shaun's tenure in office has focused on economic development and investment in public safety. The Council elected him as President in January of 2005. Achievements Shaun has been involved in at the City include creating a new partnership with Lakeview Golf Course, site se- lection and planning of a new City Hall facility, determination of a downtown trans- portation model, along with work on many parks including a partnership with P.A.L. at Heroes. Various board and commission appointments on behalf of the City include the Meridian Development Corporation, Ada County Air Quality Board, and the Parks and Recreation commission. Shaun's many awards include the Idaho Business review 40 under 40 Most Ac- complished Individuals (2005), Meridian Chamber of Commerce nomination for Outstanding Business Person of the Year (2006), and Small Business of the Year (Idaho Athletic Club 2001). 12 Relevant Section 2 Experience Relevant Experience Section 2.1-Relevant Projects Section 2.2-Letters of Reference i3 r. Section 2.1 is. ~~ Relevant Projects City of Richland 505 Swift Blvd Richland, WA 99352 Start Date: 2001 End Date: Aspireon continues to work with Senior Leadership and City Coun- cil as requested to reinforce positive organizational pertormance. Richland is a full service City that employees over 500 people and has an oper- ating budget of nearly $200 million. Aspireon initially began working with the City of Richland to facilitate their culture transformation/shared values efforts. Their values identification and implementation process has provided them with a common bond and enhanced their teamwork, environment, and decision making efforts. Aspireon has worked with the City to provide department spe- cific as well as overall economic development strategic positioning and execu- tion/implementation efforts. Aspireon has also worked closely with City Coun- cil and Senior Leadership to facilitate a common understanding of vision, mis- sion, and objectives and focus efforts on improving overall leadership courage, credibility, engagement, and execution to enhance strategic positioning, team- work, and accountability. References: John Darrington -City Manager Ph: 509 942 7381 Bill King -Deputy City Manager for Community and Development Services Ph: 509 942 7583 Tony Corsi - Director of Public Safety Ph: 509 942 7359 i4 Section 2.1 Relevant Projects City of Kennewick 210 West Sixth Avenue P.O. Box 6108 Kennewick, WA 99336-0108 Start Date: 2003 End Date: AspireOn continues to work with the City of Kennewick as requested to meet identified needs. With over 60,000 residents, the City of Kennewick operates with over 350 em- ployees and maintains a focus on building its infrastructure, developing partner- ships, maintaining afamily/fun-oriented community, and guiding growth. Since being engaged by Kennewick, our efforts have included significant interaction with Senior Leadership, the City Council, management at various levels, and the Human Resource Department. Present services are centered on leadership evaluations and coaching reference new talent recruitment and/or advance- ment/career pathing of present staff. The City continues to use and build off of the Strategic Planning and Implementation platform/process collaboratively de- veloped with Aspireon's consulting support. Leadership also continues the di- rection for reinforced Leadership Development, enhanced communication, and supportive coaching and mentoring. AspireOn continues to provide supportive consulting to Kennewick for accomplishment of targeted objectives. We have a valued long term relationship with this client consistent with our approach to all our clients. We have demonstrated performance to this client and remain com- mitted to necessary knowledge/ongoing due diligence (valued by our clients) to insure we are a valued resource to their performance and success. References: Bob Hammond -City Manager Ph: 509 585 4251 Terry Walsh -Director of Employee and Community Relations Ph: 509 585 4242 i5 is Section 2.1 Relevant Projects TRIDEC Start Date: 1999 End Date: 2001 The Tri-Cities Industrial Development Council (TRIDEC) is the lead economic development organization for Benton and Franklin Counties offering assistance to expanding businesses in the Tri-Cities area. It is supported by private enter- prises as well as cities, counties, and educational institutions. For approxi- mately 24 months, AspireOn was contracted by TRIDEC to work with various stakeholders to pursue development opportunities as well as support emerging enterprises. Consulting services covered the following areas: • Workforce Development strategic planning and implementation (working with CBC, WSU, communities, stakeholders and business enterprises). • Assistance in the realities regarding transfer of technologies from site to emerging enterprises (as well as direct consulting support to re- lated entities) and private sector opportunities. • Direct consulting support related to input for planning regarding "assets" for economic recruitment to the area. • Focused efforts on leadership and talent development and change management for enterprise companies. • Specific support and delivery of services in cooperation with the na- tionaUnternational HAMMER Training Center on various soft skill training and/or execution on other programs and deliverables. • Strategic positioning support with stakeholders of TRIDEC (i.e. utili- ties, cities, etc.) as well as direct consulting services with HAMMER, Fluor, DOE, Battelle, Dyncorp, HEHF, and local entities in support of overall economic development catalyst support. References: Sandy Matheson - sandymatheson@msn.com -Board Member and Committee Chair of TRIDEC -Presently Washington State Governor's Cabinet Member -Manager Washington State Pension and Retirement Fund 16 Section 2.1 Relevant Projects NoaNet Business Office -Chehalis 111 Devereese Road Chehalis, V1YA 98532 Start Date: 1999 End Date: 2001 Northwest Open Access Network (NoaNet) is a not for profit wholesale telecom- munications company formed by several Public Utility Districts (PUDs) in Wash- ington to bring high-speed telecommunication services into underserved com- munities for utility uses and use by their constituents. AspireOnlVirtus was engaged in the 4Q of 1999 by one of the founding PUD members of NoaNet to assist with strategic planning, solidification of member financing, operational execution, public relations strategy, and stakeholder col- laboration facilitation. Our efforts were vital in establishing NoaNet as a viable entity and getting the NoaNet operation up and running. Work performed in- cluded, but was not limited to: • Facilitating NoaNet strategic planning sessions, inclusive of Vision and business model definition as well as stakeholder relations and development of member governance processes. • Development of public-private sector partnerships for technology im- plementation and viability. • "Last mile" business model/solution consulting to individual Public Util- ity members. • Consulting relative to defining NoaNet public policy and related public relations communications. • Establishment of performance monitoring processes and governance guidelines for use by the NoaNet member board in managing NoaNet activities and accountability. References: James Sanders -General Manager (Benton PUD) Ph: 509 582 1225 Gary McCollum -Manager of Broadband (Benton PUD) Ph: 509 585 5386 ~~ Section 2.1 Relevant Projects Key Technology 150 Avery St Walla Walla, WA 99362 Start Date: 2002 End Date: Continuing involvement Key Technology is a publicly traded corporation and a recognized global leader in the development and manufacturing of automated inspection and material handling systems. AspireOnNirtus was initially engaged by Key Technology to design and imple- ment an internal leadership development program for the organization. Our re- sults and demonstrated capabilities resulted in an expansion of this relationship to encompass a more active catalyst role on the part of AspireOn to assist Key Technology on a number of fronts. These efforts ultimately resulted the suc- cessful expansion into new geographic and business markets, an organizational realignment driving increased accountability and responsiveness, and measur- able improvements in organizational leadership effectiveness. Said efforts in- clude: • Executive level leadership development and "Future Leader» identifi- cation and training system. • Strategic Planning, inclusive of identification of expansion opportuni- ties, new market opportunities, new market penetration plans, and the defining of a new company vision and strategic focus. • Overall organizational realignment to support greater flexibility, re- sponsiveness, the new strategic focuses. • New business process definition and implementation. • New business unit ramp-up and implementation. • Accountability system implementation, inclusive of accountability defi- nitions, performance measurement, and manager training. • Strategic planning process implementation and accountability system integration. • Project execution facilitation and management. References: Randy Unterseher -Director-Global Sales Operations Ph: 509 301 2447 Neil Burck -Strategic Accounts and Latin America Ph: 541 480 7518 ~s ~ti ~' .. ,_, Section 2.2 u Letters of Reference Letters of Reference City of Kennewick City of Richland Federal Highway Administration Key Technology ig . ~' October 26 2006 - - `~-"~~ To Whom It May Concern: Over the past few years, we have hired AspireOn under the leadership of Phil Stiffler to guide the City of Kennewick, WA through several challenges related to strategic planning and alignment. We have been satisfied with Mr. Stiffler's approach and deliverables in all of those cases. In many instances, he has over - delivered; i.e., gone above and beyond the scope of services contracted to make certain that we were completely satisfied. I feel the following fairly characterizes the approach and results of AspireOn during our collaborative work: • Good grasp of public service industry and understands the need to balance priorities; e.g., economic vitality with citizens' perception of quality of life issues; • Clear and concise regarding performance targets; • Focus on streamlined approach to meeting those targets; • Fleacibility in adapting the approach as necessary during the entire process, especially in regards to establishing and utilizing milestones; • Creativity demonstrated throughout, especially in dealing with varying personalities with varying priorities; • Works to lowest necessary level of understanding while maintaining the interest and involvement of those ahead of the curve; • Meets hard deadlines, appropriately negotiates around softer deadlines; • Creates foundation and builds upon that with each subsequent coaching effort. I recommend AspireOn and Phil Stiffler without reservation to anyone desiring help in aligning organizational priorities and establishing the systemic framework for successfully negotiating through various challenges in delivering on those priorities. Phil has been an important contributor to the success of the City of Kennewick. I can be contacted at (509) 585-4238 or robert.hammond@ci.kennewick.wa.us for more information related to our collaborative working relationships with AspireOn and Mr. Stiffler. Respectfully, ~~ Bob Hammond Kennewick City Manager CITY MANAGER'S OFFICE 2iC VV 6th Avenue ~ PO Box 6108 ~ Kennewick,, 'JVA 99336-0~0~ (509 i 585-4238 6 Fax ~ 509 ~ .585-44-45 OFFICE OF THE CITY MANAGER MS-04 509-942-7381 Telephone 509-942-7379 Fax 505 Swift Boulevard, P.O. Boz 190 Richland, WA 99352 ~~Cht®17~ Telephone 509-942-7390, 1?az 509-942-5666 www ci.richland.wa.us November 7, 2006 To whom it may concern---Potential client or contracting entity Dear Sirs: In 2001, I was hired as city manager of Richland, Washington. During my first six months in the position, I ascertained a need to change the operating culture of the city organization. The predominate culture in the area was heavily influenced by the U.S. Government Hanford Nuclear Reservation which is located just north of the City, where most of the employment base of the area is located, and from which the City gained its political and organizational independence in 1958. Although the City has been a separate organization since 1958, it still operated in many respects like a Hanford satellite organization. A culture change was needed and as city manager, I needed professional assistance to orchestrate that change. Phil Stiffler and his associates at AspireOn were retained to assist us in identification of shared values, organizational restructuring, leadership development and alignment of the elected leaders with the city administration. Phil has lived in the area and understood the conditions I was working under. He was instrumental in coaching me on how to approach needed changes, assert staff accountability, and with repeated emphasis orchestrate a new operating environment for the city organization. In summary, AspireOn assisted the City with: • Values Integration for a enhanced organizational culture and performance • Strategic Positioning/ Leadership Direction for the City (inclusive of balanced Economic Development integration initiatives and facilitating meetings with various stakeholders) • "Organizational Alignment" initiatives and action between Council (elected officials) and Leadership • Catalyst facilitation consulting to further collaboration between various parties (teams and departments) Leadership enhancement coaching AspireOn November 7, 2006 Page 2 I know for a fact that I would not be as far ahead with achieving organizational change in Richland without his assistance. Phil and his team helped raise the focus and emphasis on cultural change and was an outside voice that said to the organization, "You need to change the way you do business." Please contact me at 509.942.7381 if you have any questions concerning AspireOn qualifications and my experiences using them in Richland. • ~,w~~ of TgANaao9 U. S. DEPARTMENT OF TRANSPORTATION ne ~ FEDERAL HIGHWAY ADMINISTRATION ,~ IDAHO DIVISION c i 3050 LAKEHARBOR LANE, SUITE 126 _ ~ BOISE, IDAHO 83703217 F e 208334-1843 c ~~~' Idaho.FHWA@ihwa.dotgov 8T'~TE8 OF October 24, 2006 Potential Client or Contracting Entity Attention: To Whom It May Concern RE: Reference Letter for AspireOn/Related Entities We hired the firm of AspireOn in 2004 to augment our efforts in improving teamwork and overall staff performance. They were selected after a series of interviews with various firms in the Boise area. We were very explicit in our desire to have a productive off-site workshop culminating in more than a feel good experience. AspireOn worked closely with us to develop an agenda that addressed our specific circumstances. As part of their preparatory effort they attended our all employee meetings and observed behaviors. For the workshops, their custom-crafted workshop experience led to the staff developing a unique set of values. These values became the basis for efforts to implement change within our local office, They were careful to allow us to develop our own ideas rather than providing answers to us. This created employee ownership of the results. They remained neutral during their facilitation efforts but typically provided thought provoking comments that stimulated discussion. I saw the eradication of some interpersonal issues between employees and a reduction of others. When the workshop concluded, we were left with several implementation tasks. The employees were ready to address those tasks with a rekindled excitement. A series of positive process improvements were implemented that remain in effect today. Based on our workshop experience, we engaged AspireOn to coach our leadership team. They presented us with a personal evaluation document to gauge the strengths of the existing leadership team, offered insights in understanding individual team members and presented an overall leadership team coaching plan. The results have been excellent in gaining a better appreciation for the talents each person brings to the team. ~e~ ' ~ ~~~ ~~ 9 T8G9 ~ 3`~ ~~o„ ~~ c n~g1 ~~1\~ t ~~~~~~ ~ l1 ~ II j .~~ • i 2 We were so satisfied with the professionalism exhibited throughout the original workshop and its overall success that in 2Q06, we approached AspireOn to conduct another workshop for us. They renewed employee contacts and have started the process of creating another customized agenda. I am confident that we will again benefit from the combination of expertise and personal commitment that AspireOn so aptly provides. Sincerely, S eph A. Moreno Division Administrator a 1 \~>`~%~ ~ r ~a,ll - ~ J ~ ~ ~ i ^ ^- ®~. October 23, 2006 RE: Reference Letter for AspireOn/ Vi~°tus Enterprises To whom it may concern: I am. very pleased to provide this reference letter for IVIr. Phil Stifrler and lus talented working staff at Aspire®n/~7irtus Enterprises. Ivey Technology, Inc. has hsd. the opportunity to benefit from the professional results-based consulting services of AspireOn for over three years. Because of the diverse business loaowledge, overall. integrity, and direct catalyst approach of the firm, a continued positive impact on achievemeYrt of goals and overall performance for our company has resulted., Ivey Technology and I ~rsonally, have derived direct benefit from their supportive execution and reality-based training in the following crease ® Leadership Development ® Team Dynaffiics Performance ® Process Systems Alignment and. Improvement ® Project I!/Ianagement for Results ~ Conflict resolution and building consensus through collaboration • Performance li/Ianageffient-t~ccountability/Systems ~ Strategic Positioning and Easiness .Execution Asp irtus Enterprises and associates are very alistinctive by virtue of their pars®na,1 commitment, solid business sense, relationship approach and contagious passionlexrthusiasm for success. Your consideration and use of AspireOn services automatically equates to a good busuaess decision, based on our experience. I highly recommend their services to any entity desirous of achieving positive results and performance optimization. I will continue to utilize their services whenever possible to assist in my business initiatives and endeavors. Please feel free to contact me directly as I would be pleased to provide any further information. I can be reached by a-mail or phone at the following: Phone: (509) 3943371 E-mail: runterseher~key.net Sincerely u~ Randall IJnterseher Director Sales Operations Ivey Technology, Inc. 150 Avery Steeet, ~a1la Walla, OVA 99362 • Section 3 Proposed Approach ~rtus Enterprises will take steam-oriented approach to executing results for the City of Meridian. This team approach will consist of: • A Project Team Leader who will provide coordination of resources and serve as a liaison to the Mayor. This position will also serve as a lead for negotiations~nteractions with large companies, strategic engagement with developers, assisting with focused recruitment, and helping formulate strategic marketing and planning efforts. • Project Team support to provide input and value on individual specialties as needed to accom- plish goals and objectives and deliver results. This will include overall project execution, which may consist of business recruitment, developer execution management, employer relations, coordination with educational institutions, collaboration with City staff and public/private agen- cies as necessary, marketing, grant responses, and representation at trade shows. This will also include managing new and existing developer relationships. • Administrative support from the Project Team (Vitus Execution Support Personnel) to prepare reports and assemble marketing materials as well as coordinate website updates, maintain an economic development database, and conduct research. This individual will also assist with stakeholder communication and managing developer relationships (new and existing). Enclosed in this section are visual representations of ~rtus Enterprises': • Team Approach to Contract z6 Outcome Process Flowchart • • Section 3 Proposed Approach Protect Inltiatfon FacIUUaUon Vision ` Promotioc Pwivate,.Se4tor Relatlomshi~ '' L Engagement 27 .~, Section 4 Appendix Appendix Section 4.1-Resumes Section 4.2-Relationship Disclosure Section 4.3-Client List Section 4.4-Program Sample 28 Section 4.1 Appendix-Resumes Resames Phil Stiffler Sr Josh Grant Phil Stiffler Jr Shaun Wardle 29 rn~i sty. s. Professional 1999-Present AspireOn/Virtus Enterprises Meridian, Principal/Ownernnd CEO-Excellence Catalyst ^ Sr. Consultant and Chief Storyteller ^ Joint Development of proprietary programs to enhance organizational and talent performance ^ Established credibility and diversified client base for these services: o Leadership Development o Organizational Alignment o Culture and Values Implementation o Performance Enhancement Programs o Strategic Positioning o Team Enhancement/Collaboration o Change Management Initiation o Project Management Training o Executive Coaching o Targeted Management Recruitment o Process Improvement o Diverse Customized Training Programs o Leadership/Team Retreats (Clients include private and public entities on a regional and national basis inclusive of diverse business enterprises, major govemmental contractors, cities, govemmental agencies, and service organizations) ^ Presently providing t1/irtus) outsourced direct management services for various business enterprises. 1980-1999 Business Consulting/Contracted Management Business Consulting/Results -baste for Client Sutxess ^ Consulting and contracted management services included: o Strategic Financial Planning o Business Plan Development and Execution o Preparation and representation in obtaining financing o Development of Marketing and Sales Plans o Implementation of Organizational Restructuring o Management Coaching o Developing and Solidifying Strategic Alliances o Risk Management Consulting o Development of staff training plans o Contracted sales and marketing of a service or product o Change Management o Merger and Acquisition Consulting and Implementation o Contracted overall Management of various enterprises o Business Pertormance Improvement o Business Diversfication Execution Planning o Integrated Strategic Planning and Execution o Offsite Leadership Team Retreats 30 o Development and Presentation of Products and Services to client's prospective customers o Specfic Project management of a Special Project for clients (Entities receiving these services over these nineteen years included banks, media/marketing firms, manufacturers, radio stations, mortgage companies, diverse retailers, automobile dealers, restaurants, distributors, vending and wholesalers, contactors, real estate developers, technology companies, advertising agencies, equipment leasing companies, diverse holding companies, software firms, hospitals and medical related providers, food brokers, insurance providers, accounting firms - inclusive of existing, emerging, and start up ventures). 1971-1980 Banking Portland, Spokane, Seattle Diverse Progressive Experience ^ Executive Management Trainee ^ Common Trust Fund Manager ^ Accounts Receivable Financing Specialist ^ Credit Examiner and Financial Analyst Bank Acquisitions ^ A.V.P and National Accounts Manager ^ V.P. National Accounts and Correspondent Banking ^ Corporate Banking Division Director (National Accounts, Cash Management, Int'I Banking, and Correspondent Banking-Member of Sr. Loan Committee) ^ Executive Loan Committee-Leasing and Mortgage Holding Company Subsidiaries Education Eastern Washington University ^ B.A., Business Administration o Emphasis in Management and Finance Unnrersity of Washington ^ Graduate Degree-Finance and Banking University of Southern California ^ Specialized Executive Program-Strategic Planning University of Oklahoma ^ Graduate of National Commercial Lending School Community- Sample Participation in organizations as follows: Professional ABA (American Bankers Association) Organization Government Relations Counsel- National Lobbying for three years in $~ Washington D.C. ^ Adjunct faculty Eastern Washington University- taught Graduate Course in Entrepreneurship ^ Former Member and Instructor for AMA and NNIA ^ United Way Loaned Executive ^ Rotary member ^ Board Member and Coach in Little League and Legion Baseball Associations ^ Chamber of Commerce Board Member and Chair of various committees ^ AAU Coach ^ Spokane Downtown Association-Committee Chair ^ Board Member for Economic Development Organization ^ YMCA Coaching and Advisory Committee 31 Joshua J. Grant Professional 2000-Present AspireOn Meridian, ID Education Execution Catalyst /Project Manager Client Responsibilities: ^ Benton PUD -senior project manager for leadership development, leadership candidate analysis, and culture survey ^ KEY Technology -execution catalyst for strategic positioning and performance management/accountability process integration ^ City of Richland -execution catalyst for leadership development, values integration, organizational re-alignment, and leadership candidate analysis. ^ City of Meridian - senior project manager for leadership development, accountability process integration, strategic positioning integration and execution, organizational re-alignment, management and employee career development/training program, and team alignment. ^ Lourdes Health Network -execution catalyst for strategic positioning ^ City of Kennewick -senior project manager for leadership candidate analysis and execution catalyst for strategic positioning. ^ NoaNet -execution catalyst for strategic positioning and alignment ^ Chervenell Construction - execution catalyst for leadership development ^ City of Ontario -senior project manager for leadership development and culture survey 1999-2000 GMAC Mortgage Loan Officer ^ Generate real estate loans Spokane, WA 1997-1999 Norwest Financial Cr~lit Manager ^ New Business Development ^ Business Account Management ^ Personal loan officer ^ Collections University of Montana Missoula, MT ^ B.S., Business Administration o Emphasis in Markefing o Emphasis in Management Spokane, WA 3a Phil9kilfler Jr. Processional Current Virtus Enterprises Meridian, ID Chief Executive Officer Responsible for overall financial, operations, and strategic management of Virtus Enterprises. In addition to defining Virtus product offerings, business model, and performance standards, I serve on Project Execution Leader on several Virtus acxounts. ^ Client engagement and interaction primarily focused on driving client growth through outsourced business development and marketing, client strategy execution, client product/service expansion, and enhancing client operational effectiveness. 1999-2006 AspireOn Inc. Meridian, ID Co-Founder 8. Executive Vice President ^ In addition to financial, operations, and strategic management of AspireOn, my efforts were primarily focused on program development, client & project management, alliance development and management, service and program quality, and delivery of various consulting services. ^ Designed and developed core models in the areas of Strategic Execution, Leadership, Dynamic Performance Systems, Change Management, Talent Development, Organizational Alignment for Results, Effective Project Management, and Culture Transformation that have been used as the foundation for delivery of service to numerous AspireOn clients and driven measurable positive results within said clients. Served as primary consultant to AspireOn clients on multiple performance system implementations, culture transformation initiatives, organizational realignments, leadership development programs, organizational performance evaluations. Managed multiple strategic implementation projects and served as an execution catalyst in assisting clients in defining new visions, developing marketing plans, transforming strategy in to accountability and effective alignment, and driving change. Acquired extensive experience in delivering talent development programs both in a one-on-one leadership development environment and in a classroom environment. Obtained first hand experience in performance improvement, strategy implementation, and business development operations as a coach/c~talyst in assisting both public and private sector entities across multiple product lines and diverse markets in these regards. 33 Professional 1995-1999 PROGRESSIVE PROJECT EXECUTION EXPERIENCE EVP Marketing & Product Development JobQuest Inca . ^ Responsibilities included strategic alliance development, new product design, technology management, project management, product positioning and market analysis, and new market penetration as well as participation at a Senior Executive level on corporate strategy and operational management. ^ Designed and managed the development of multiple software products, inclusive of an injury evaluation and job transition analysis tool that was recognized as an industry leader by the vocational rehabilitation industry and a career enhancement tool widely used by individual consumers and career consulting organizations. ^ Designed and launched a web based services portal assisting job seekers and employers in job matching, career pathing, and performance enhancement. ^ Lead the successfully business and revenue growth by driving market expansion outside the companies core vocational rehabilitation market through successful penetration of the mass consumer job seeker and career consulting marketplaces. ^ Acquired extensive experience in regard to budgeting, product marketing, product production from concept to production and launch, management of personnel both directly and in a dynamic team environment, alliance management, change management, and strategy implementation. Vice President -New Ventures Caliper ^ Was responsible for leading and managing the launch of a new business unit/division within the company to focus on delivering expanded service offerings to existing customers and penetrate new markets with existing product offerings. ^ Spearheaded an extensive customer evaluation engagement for targeting customer value enhancement opportunities. ^ Designed and managed the development of new tools, services and corporate competencies to expand company product and service offerings. ^ Developed and implemented a marketing plan and business model within the new business unit that effectively expanded overall company revenues. ^ Acquired extensive experience in regard to key account management, project execution, new business model definition and launch, staffing and mentorship, major company and senior executive communication, marketing, and the dynamics and performance impacts of personalities and emotional intelligence. Education/ Business Administration with a Marketing Emphasis - Eastern Community Washington University ^ Volunteered coach for AAU, Legion Baseball, High School Football, YMCA, and Little League. 34 • (208) 883-4160 shaunwardle@yahoo.com Shaun Wardle Professional 1999-Present Idaho Athletic Club Chief Operations O~c:er ^ Development Director- Site selection of 5 New facilities ^ Personal Training Department Director - Created a new Profit Center within the organization, adding over 75 employees. ^ Building Design and Construction Management ^ Sales increase of 400% in 7 year period. 1998-1999 Delta Chi International Fraternity Iowa City, IA Leadership Consultant ^ Leadership development for college students ^ Educational and professional counseling Eduction University of Idaho Moscow, ID ^ B.S., Public Communication ^ Minor in Business Marketing Community Meridian City Council -Seat #1 ^ Term beginning 2004, Elected President January 2005 Ada County Air Quality Board ^ Meridian Representative appointed January 2004 Board of Directors, Meridian Chamber of Commerce ^ 2000 - 2003 Meridian Development Corporation ^ Board of Commissioners April 06 - September 06 Parent's As Teachers (University of Idaho Demonstration Project) ^ Board Member -Block Fest Advisory Committee Awards 2005 Accomplished Under 40 Recipient ^ Idaho Business Review 2006 Nomination for Small Business Person of the Year ^ Meridian Chamber of Commerce 2000 Small Business of the Year (Idaho Athletic Club) ^ Meridian Chamber of Commerce 35 - i Section 4.2 Appendix-Relationship Disclosure Shaun Wardle is currently President of the Meridian City Council. If selected as the Consultant team for Economic Development Coordi- nation Services, he will resign from his City Council position. The official resignation will happen before any awarded contract is rati- fied by the City. He will exclude himself from any participation in re- view, evaluation, or selection process regarding this RFQ/RFP. Though leaving the extremely rewarding position as an elected offi- cial is difficult, Shaun feels that there is greater work to be done by dedicating his efforts as part of a team to furthering community ob- jectives. AspireOn Consulting: Current contract with the City of Meridian to provide various consulting and training services. Virtus/AspireOn has submitted a response to the RFQ for Adminis- trative Services for the Meridian Development Corporation. Current decisions are being considered by the Selection Committee. If awarded the MDC contract, the Virtus team will be in an excellent position to create economies of scale and optimization of resources for both MDC and the City of Meridian. Full confidentiality issues shall be disclosed and will be handled with the utmost discretion. Accountabilities for appropriate fiduciary and stewardship responsi- bilities will also be maintained. The Virtus team does not foresee potential conflicting client issues as the goals of the organizations are very similar and appear to run a parallel course. We feel that the entire community will be better served by consolidating eco- nomicdevelopment and urban renewal services. 36 • Section 4.3 Appendix-Client List Performance for Success Leadership . Positioning • Environment • TaientlTeam The following is a partial list of organizations that have benefited from services of the AspireOn team: 3-E Rapidigm Tri-Cities Cancer Center Key Technology Port of Pasco Benton County Emergency Services NoaNet Campbell and Bruce COSTCO Department of Energy National Management Association Franklin PUD Fluor Daniel Hanford Lourdes Health Network GMAC Mortgage Benton County PUD Business Psychology Associates Caliper TRIDEC Benton -Franklin Substance Abuse Coalition Provizio Pasco School District FoodSenrice Brokerage Ltd. City of Richland American Bankers Association City of Meridian Private Industry Council (PIC) NWPPA (Northwest Public Power Association) Hanford Environmental Health Foundation HAMMER National Council on Aging Chervenell Construction City of Kennewick City of Ontario Portec Group International Federal Highway Administration Khamu Software 37 i • Section 4.4 Appendix-Program Sample Strategic Positioning Process •'Ongairig EmaluaUon'•• 0 OrtUllltl@S Performance ',Ongoingfvaluetlon , ;' o< customers, '~ - - - Pp r' '~,, Mai,ket ~ -- - - - - -; of Inlerrml CheAenges , I~~~, Improvement a cap~luiiee .,_ Success Management {Manageri~iit fnformatlon & Piogreas Rspordng) Communication 8 Accountability System Integration Bwdgeti'ng 8 Prioritization. Execution Maps Accountability, Resource Requirernents; Success Measurements $t~ategtc Values Strategic Focus Areas/ Guiding prl`ncipleslCulture to get there InltlatlV2S Vision Mission °Mihere are we going° °NUhy tare ere in buainess° ©Aap'veOn, Inc Copyriglrt 20l)5, All Rights Reserved 38 • Section 4.4 Appendix-Program Sample Strategic Positioning/Accountability Organizational Integration Strategic Focus Areas Organizational Department/ Initiatives Unit ositioning PI2 • Strategic D'tti>ter: • Assumptions '•:, •Impads ' • Critical Success ~ Aspin30n, Inc Copyright 2004, FUI Rights Reserved Strategic Map Position • De nit Objectives • Functional Accountabilities • Success efittitions • Strategic Responsibilities • Timefram • Leadership/Behavioral • Accou 'lity Leaders Expectations • Transtomiation Responsibilities Project Plans • Resource Requirements • TergetslMiiestorres 39 ~ ~ • December 29, 2006 MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT ITEM NO. 7 REQUEST Special Recognition /Presentation by Mayor de Weerd 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: (/'~ ~ r/ CITY PARKS DEPT: ~h,rNN~ vim' MERIDIAN SCHOOL DISTRICT: ~ ~~ ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • December 29, 2006 MERIDIAN CITY COUNCIL MEETING JQ11Uary 2, 2(}07 APPLICANT ITEM NO. REQUEST Swear in David Zaremba as Council Member Seat # 1 AGENCY COMMENTS CITY CLERK: See atFached CITY ENGINEER: CITY PLANNING DIRECTOR: GITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ~~ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Matedala presented at public meetMgs shall become property of the City of Meddfan. • CITY OF MERIDIAIIT Oath of Office ~ January 2, 2007 City Council Member *****~~ "Please raise your right hand and repeat after me" I, David Zaremba, do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and the Laws and Ordinances of the City of Meridian, Idaho and that I will to the best of my ability, faithfully perform the duties of the office of City Council in the City of Meridian, Idaho, during my continuance therein, so help me God. "Congratulations City Council Member David Zaremba" • CITY OF MERIDIAN ******* In the matter of the CITY OF ) MERIDIAN ) OATH OF OFFICE CITY COUNCIL MEMBER SEAT # 1 STATE OF IDAHO ) County of Ada ) :ss I, David Zaremba, do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and the Laws and Ordinances of the City of Meridian, Idaho and that I will to the best of my ability, faithfully perform the duties of the office of City Council in the City of Meridian, Idaho, during my continuance therein, so help me God. DATED this 2nd day of January, 2007. David Zaremba SUBSCRIBED AND SWORN TO before me this 2nd day of January, 2007. William G. Berg, Jr. -City Clerk • CITY OF MERIDIAIIT Oath of Office ~ January 2, 200? City Council Member ******* "Please raise your right hand and repeat after me" I, David Zaremba, do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and the Laws and Ordinances of the City of Meridian, Idaho and that I will to the best of my ability, faithfully perform the duties of the office of City Council in the City of Meridian, Idaho, during my continuance therein, so help me God. "Congratulations City Council Member David Zaremba" C~ December 29, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT Planning Department ITEM No. 9-A-1 REQUEST Discussion of Proposed City Council -ACRD Commission Joint Meeting Topics 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: ,,J~, y.J L CITY PARKS DEPT: ~ V ' MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPR MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials preser~fied at pubUc meetings shall become properly of tits CNy of Meridian. r ~ RECEI~ Requested Changes to the Agenda: Item 6N Agreement with New Heritage Theatre Company. Continue one week to January 9, 2007 Planning Department Report Joint Hearing with ACRD Draft Agenda for January 8, 2007: I Introduction of New City Councilman II Update on Ten Mile Interchange Specific Area Plan III Update on ACHD's Five Year Work Program IV Status of Impact Fee Collections V Discussion -Revenue Increasing Options VI Discussion -Upcoming Legislative Session VII Other (time permitting) Project: Gene and Freda Babbitt SAN ° 2 2007 ~itp cif Meridian City Clerk Office City of Meridian City of Meridian (Friedman) ACHD (t_evihn) ACHD (Brokaw) Elected Officials Elected Officials Location: east side of Locust Grove Road, approximately 1/3 mile north of Victory Road Applications: annexation and zoning Highlights of Proposed Development: The applicant, City of Meridian Public Works Department, has applied for annexation and zoning to R-4 for 1.12 acres. This site is currently improved with one single- family residential building and accessory building: The request for annexation is because the well that services this home .has dried up and the home needs to be hooked up to City water. Gene and Freda Babbitt have signed an affidavit of legal interest, granting the Public Works Department the authority to submit the subject application on their behalf. Elevations: No Commission Recommendation: approval at their December 7, 2006 public hearing. Summary of Commission Public Hearing: i. In Favor: None ii. In Opposition: None iii. Commenting: None iv. Written Testimony: None Key Issues of Discussion by Commission: None Key Commission Changes to Staff Recommendation: None Outstanding Issues for City Council: None Written Testimony since Staff Report: None Notes: r~ December 29, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT Mayors Office ITEM NO. 9-8-1 REQUEST Appointment of Planning and Zoning Commissioner 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 rG ~~a ~,~ 8~ ~~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Mate~als presented at public maetinps shall become property of the CHy of Mertdian. December 29, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT Mayors Office ITEM NO. 9-B-2 REQUEST Appointment of Parics and Recreation Commissioner Youth Member Stephanie Priess 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: }-- p j ~ SS CITY PARKS DEPT: V" r ~ /,~~ MERIDIAN SCHOOL DISTRICT: ~/" - W ADA COUNTY HIGHWAY DISTRICT: ~~,(~ SANITARY SERVICE COMPANY 1 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 of publk meetin~a sha8 become property of the t:Ity of Meridian. December 29, 2006 AZ 06-055 MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT City of Meridian Public Works Department ITEM No. 11 REQUEST Public Hearing -- Request for Annexation and Zoning of 1.12 acres from RUT to an R~4 zone for Gene and Freda Babbitt -- 2570 South Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SGHOOL 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 See attached P8tZ Item Packet /Minutes See attached Recommendations OTHER: See attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc meetings shall become property of the City of Meridian. :7 December 29, 2006 AZ Ob-038 MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT Gary Fors ITEM NO. ~ ~ REQUEST Ordinance -Request for Annexation and Zoning of 5.53 acres from RUT to an R-8 zone for Plursery Subdivision - 570 South Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Emailed: COMMENTS Se® attached Ordinance ~~ p~,l ~/ Date: ~'d'f ptip Phone: <~< <' < Staff Initials: Materials presented at public meeflngs shah become property of the CHy of Meddtan. ADA COUNTY RECORDER J. DA BOISE IDAHO 01112!07 09:24 A DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City 1AUARRO AMOUNT .00 1 ~7t~E}5~ 1 ~ CITY OF MERIDIAN ORDINANCE NO. ~ ~~ l Z BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-038 NURSERY SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING A PORTION OF THE NORTHWEST 1/ OF SECTION 13, TOWNSHIP 3 NORTH, R,.ANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISH- INGAND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate Iimits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Gary Fors. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the Cit`/ of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-06-038 NURSERY SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2 w~ day of ~'' , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7i~ day of _ ~~"''`,'vLCrvvf , 2007. MAYOR de WEERD ANNEXATION OF AZ-06-038 NURSERY SUBDIVISION Page 2 of 3 ATTEST: WILLIAM G. BERG, JAR STATE OF IDAHO, ) ss. County of Ada ) '~1111lf11Eli4t//r:A, ~~ ~~ ~...~, v - ,,~ p ~~ CITY ~~, ' ','~l/j/f 9311 11111;1~4A\y On this ~ day of ~.r•1a~~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~ YY1 ~ n ~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: ~..1~~~1, 6D MY COMMISSION EXPIRES: Id-11-I 1 ANNEXATION OF AZ-06-038 NURSERY SUBDIVISION Page 3 of 3 A. Legal Description ANNEXATION DESCRIPTION FOR PROPOSED NURSERY SUBDIVISION A parcel of land lying in the NW1/4 of Section 13, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a Brass Cap marking the NW Corner of said Section 13, said Brass Cap bears N.00°00'35"W. 2657.33 feet (formerly 2657.54 feet) from a 5/8 inch rebar marking the W 1 /4 Corner of said Section 13; thence S.00°00'35"E. 1862.31 feet (formerly 1862.19 feet) along the West line of the said NW 1/4 of Section 13 and along the centerline of S. Linder Road to a point marking the SW Corner of T1te Landing Subdivision No. 2, records of Ada County, Idaho, said point being the POINT OF BEGINNING; thence S.89°49'00"E. 30.00 feet along the south boundary of The Landing Subdivision No. 2 to a point lying on the east right of way of said S. Linder Road, Thence continuing 5.89°49'00"E. 960.16 feet along the south boundaries of The Landing Subdivision No. 2 and The Landing Subdivision No. 3 to a point lying on the westerly boundary of The Landing Subdivision No. 4; Thence S.00°00'35"E. 381.34 feet (formerly 379.b1 feet) along the said westerly boundary of The Landing Subdivision No. 4 to a point lying on the northerly boundary of The Landing Subdivision No. 7, and lying on the centerline of the Kennedy Lateral; Thence along the said centerline of the Kennedy Lateral the following courses and distances: N.60°43' 10"W. 164.27 feet (formerly 164.23 feet) along the said northerly boundary of The Landing Subdivision No. 7 to a point; Thence N.81 °30'40"W. 597.88 feet, a portion of this distance being along the said northerly boundary of The Landing Subdivision No. 7, to a point; Thence N.77° 14'25"W. 98.02 feet to a point; Thence N.56°05'40"W. 156.62 feet to a point lying on the said east right of way of S. Linder Road; 'Thence continuing N.56°05'40"W. 36.15 feet to a paint lying on the said West line of the NW I /4 of Section 13 and lying on the said centerline of S. Linder Road; Nursery Sub ANNEXATION descriptioro 0614061mm.doc Thence leaving the said centerline of the Kennedy Lateral, N.00°00'35"W. 86.73 feet (formerly 87.42 feet and 85.34 feet) along the said West line of the NW 1/4 of Section 13 and along the said centerline of S. Linder Road to the POINT OF BEGINNING. Said parcel contains 5.59 acres, more or less, and is subject to all existing easements and right-of--ways of record or implied. ROVAL M WORKS DEPT.tC Nursery Sub ANNEXATION description 0614061mm.doc ~S F ~ a a ~J'i Exhibit B a ~~o = o ~ o .E .7 I3 N M w ,1T798{ 3 ,Sfi a1latl 2Q~N1'1 'S *~,~ Noswae~ ratata aeon ~_ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.07- lZ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being a portion of the Northwest 1/a of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 5.59 acLes more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinan shall become effective on~~kig~" ~ "d~~ypf ~~ ~ z~~ , 2007. ~ ~ ~cg _ /i ~ " ~ ''i Mayor and City Council f the~ity eridian~~ By: William G. Berg, Jr., Cit~Cle " `~~ First Reading: ° Z'~ ~ p dopted aft st heading by suspension of the Rule as allowed pursuant to_Id~ 0-90 .°~ S. -NO Second Reading: ~ ~ing~ -'B®rrrera yiaao9~.- STATEMENT OF MERIDIAN CITY ATTORNEY A5 TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- ~ 2 ~ ~' The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- /Z ~ ~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). ~ ~~~~~ ~ DATED this ~ °~ day of , 2007. ~l~ ,~ William. L.M. Nary, City Atto~ ORDINANCE SU1ViMARY - AZ-06-038 NURSERY SUBDIVISION Page 1 of 1 ~J 1~ December 29, 2006 MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT ITEM NO. ~ 4 REQUEST Ordinance -- Amendments to Dog Licensing Ordinance AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: Cf1Y 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 POSE OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials• COMMENTS See attached Ordinance o~'j2 Materials presented at pubNc meetings shall become properly of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. ®~- lz~~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 6, CHAPTER 2, SECTION 3 OF THE MERIDIAN CITY CODE REGARDING: DEFINITIONS AND CITY OF MERIDIAN DOG LICENSES; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to track and regulate dogs within the City by providing for licensing thereof; WHEREAS, authorizing the Idaho Humane Society, veterinarians' offices, and pet product vendors to issue City of Meridian dog licenses on behalf of the City will facilitate dog owners' compliance with City dog licensing requirements; WHEREAS, the City of Meridian dog license fee schedule should be updated to appropriately reflect costs of administration of the City's licensing program; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 6, Chapter 2, Section 3 of the Meridian City Code is amended as follows: 6-Z-3: CITY OF MERIDIAN DOG LICENSE: H. 4. g. Verification of documentation demonstrating dog owner's compliance with all provisions of this title, including, but not limited to, rabies vaccination certification, spay or neuter certification if paying reduced license fee for spayed or neutered dog, ' ~'~and/or certification of visual or hearing impairment or disability if seeking exemption from license fee. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title AMENDMENT TO DOG LICENSING ORDINANCE PAGE 1 OF 2 and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this Z ~ ~ day of CG1vC~ ~ 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this 2 ~~ da Y of ~~~~-a~' ~J , 2007. APPROVED: ~~ TAMy~MY D RD, MAYOR ATTEST: e4 J~~~~:, ~ ~ ~^,,~``J~° °r~. ~.a'~ ' ® ~ ~ ~ ~"' WILLIAM G. BERG, ., TY C~.,E ~ ~~~ ` ~ \ ~~ °. v~,~ `vo ~®o~~'~aerrar~oa a~~~~~~~~\~ AMENDMENT TO DOG LICENSING ORDINANCE PAGE 2 OF 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.07- / 2 ~,~° PROVIDING FOR AN AMENDMENT TO MERIDIAN CITY DOG LICENSING ORDINANCE An Ordinance of the City of Meridian amending Title 6, Chapter 2, of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, ~~alfb"' sr,~,rdinance shall become effective upon passage and publication. ~~.~`~~~ Oar ~~ ~~~°'~., Mayor and City Council of the City o~Me 'dian By: William G. Berg, Jr., City Clerk -~ ,~~ First Reading: /~ Z 'V ~ Acf~ Rule as allowed pursuant to Idaho Code § ~~re ~ ~,~~ Second Reading: °- ~ Tlii'ril'~~~ading by suspension of the NO STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- / 2 ~ ~ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- f Z ~ ~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ~ ~ day of ~~~~- , 2007. William. L.M. Nary, Ci ey AMENDMENTS TO DOG LICENSING ORDINANCE PAGE 1 OF 1 • December 29, 2(~b AZ 00-006 MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT Vicki Welker /Gold River Comp, Inc. ITEM NO. T5 REQUEST Ordinance No. 07-899 -- Request for Annexation and Zoning of i 2.73 acres from RT to L-O ~ R-15 zones for Sommersby Subdivision tka Valeri Heights Subdirrtston -- nec of W. Pine Ave. & N. Ten Mile Rood AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See atfhached Ordinance 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: Q 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: Mater~ls presented at public meetings shah become property of the City of Meridian. ( ADA COUNTY RECORDER J. q` '! NAVARRO AMOUNT .00 r BOISE IDAHO 01!12107 09:24 n~~i DEPUTY Bonnie Oberbillig III I'll'III'I'II'~I'li'lli~~l~~ III ~~~ RECORDED-REQUEST OF 10 rE~~15 Meridian City CITY OF MERIDIAN ORDINANCE NO. ~ ~° BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAIBEMBA AN ORDINANCE (AZ-00-006 SOMMERSBY SUBDIVISION fka VALERI HEIGHTS SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING A PORTION OF THE SOUTH %: OF THE NORTHWEST 1/~ OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT ~A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIlVIITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TOR 15 (MEDIUM-ffiGH DENSITY RESIDENTIAL DISTRICT) AND L-O (LIlVIITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Liberty Pa~iers, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County} to R 15 (Medium-High Density Residential District) and L-® (Limited Office District) in the Meridian City Code. SECTION 5. That this Annexation was approved by the Meridian City Council on December 19, 2000 as Valeri Heights Subdivision AZ 00-006 and assigned an ANNEXATION OF AZ-00-006 SOMMERSBY SUBDIVISION (fka VALERI HEIGHTS SUBDIVISION) Page 1®f 3 Ordinance No. i;99, however the Ordinance was never recorded with the Ada. County Recorder's Office. SECTION 4. Thai the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 5. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian. to annex and re-zone said property. SECTION 6. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 7. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 9. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following afficials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 10. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCII.OF THE CITY OF NIEI~IAN, IDAHO, this ~~~ day of ~G~~r~, ~ , 2007. ANNEXATION OF AZ-00-006 SOM1dIE1tSBY SUBDIVISION (fkn VAI,EIti HEIGHTS SUBDIVISION) Page 2 of 3 APPROVED BY THE MAYOR OF THE CI'T'Y OF MERIDL~PPT, IDAHO, this ~ ~ ~ day of ~~~'t-~- ~ ~y 9 2007. ATTEST: ~~=.~~ WILLIAM G. BERG, JR., STATE OF ~AHO, ) ss. County of Ada ) '~ ~ .~`' ~ s~ 'sa///j'//ppp9999 9A9~14~~`~~1t',,~ On thus o7~ day of 2007, before me, the undersigned, a Notary Public in and for said State, ersanally appeared TAMMY de WEERI3 and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~d ~Il ~ NOTARY PUBLIC FOR IDAHO RESIDING AT: ~~~ ~~ d ~, `® MY COM~IISSION EXPIRES: 10- t ° I 1 ANNEXATIOI~T OF AZ-00-006 SOMMERSBY SUBDIVISION (tka VALERI HEIGHTS SUBDIVISIOllT) Page 3 of 3 EXHIBIT A AZ-00-006 LEGALS FOR R-15 AND L-O (R-15 Medium High Residential District): A parcel of land situated in a portion of the S'/2 of the NW'/ of Section 11 T.3N., R. 9 W., i3.M., Ada County, Idaho and being particularly described as follows: Gommencing at a brass cap marking the W'/o corner of Section 11, thence along the West line of said NW'/< N 00°25'27" E a distance of 460.09 feet to a point from which a brass cap marking the NW comer of said Section bears N QO°25'27" E a distance of 2196.33 feet said point being the POINT OF BEGINNING; . Thence continuing along said Section line N 00°25'27" E a distance of 239.80 feet to a 518 Inch rebar; Thence leaving said Section S 87°35'23" E a distance of 507.94 feet to a 518 inch rebar; Thence N 80°40'45" E a distance of 344.45 feet to a paint; Thence S 61°01'27" E a distance of 14.33 feet to a point; Thence S 00°49'03" W a distance of 739.62 feet to a 5/8 inch rebar; Thence along the South line of said NW'/< N 89°10'57" W a distance of 485.79 feet to a point; Thence leaving said Section line N 00°49'03" E a distance of 86.04 feet to a point; Thence along the arc of a curve to the right having a radius of 100.00 feet, a central angle of 22°04'49", an arc length of 38.54 feet and a long chord of 38.30 feet bearing N 11°51'28" E to a point; Thence N 22°53'52" E a distance of 51.44 feet to a point; Thence N 67°06'08" W a distance of 43.08 feet to a point; Thence N 89°10'57" W a distance of 156.38 feet to a point; Thence N 00°25'27" E a distance of 273.96 feet to a point; Thence N 89°34'33" W a distance of 200.50 feet to the POINT OF BEGINNING. Said parcel contains 10.96 acres more or less and is subject to all existing easements and rights-of-way of record or implied. and jL-0) Limited Office District: A parcel of land situated in a portion of the S'/2 of the NW'/4 of Section 11, T. 3N., R. 1W., 13.M., Ada County, Idaho and being particularly described as follows: BEGINNING at a brass cap marking the W1/4 corner of said Section, thence along the West line of said NW 114 N 00°25'27" E a distance of 460.09 feet to a point ftom which a brass cap marking the NW comer of said Section bears N 00°25'27" E a distance of 2196.33 feet; Exrueir a Thence leaving said Section line S 89°34'33" E a dis#ance of 200.50 feet to a poinf; Thence S 0°25'27" W a distance of 273.96 feet to a point; Thence S 89°10'5?" E a distance of 156.38 feet to a point; Thence S 67°06'08" E a distance of 43.08 feet to a point; Thence S 22°53'52" W a distance of 51.44 feet to a point; Thence along the arc of a curve to the left having a radius of 100.00 feet a central angle of 22°04'49", an arc length of 38.54 feet and a long chord of 38.30 feet bearing S 11°59'28" W to a point; Thence S 0°49'03" W a distance of 86.04 feet to a point; Thence along the South fine of said NW'/ N 89°10'57" W a distance of 368.85 feet to the POINT OF BEGINNING. Said parcel contains 2.87 acres more or less and is subject to all existing easements and rights-af--way of record or implied. EXHl61T A w _ ~ ~ '- ~. m ~ ,~ o = o~,~o C~ z~~ o _ o~ _ w ~Z - = ao.w'ZZ _ ~ ~ ~ ~ Q _o W ZO~U -~ p (V Z ~ Q who a ~ ~~~ ~~v o '.`-' J ~ z 0 U W V7 4_ W ~+_ Q' d' ~a U m Z FM-' ~' Ol' nl O w~ N I ~~ M I V) ~ ,Z9'6£L M „£0,66.00 S 3 Z ~ "',OB'6£Z 3rLZ,SZAON w r 0 0 N .~ L. .~ 7 ~ ~.i N N~ ~ I+M7 O ~ t0 ~ N I I W fD :d'_ tV ~3 W Z Z ~~NLO.- in Rg' J O W MNMZ Ip ~ W N N. IIU IIUU I~ N K Z 3 in.a rn ~ ~ m ~ ~~ N~ 7J O~'O I W t- f00 N ~ OO V' I Its Z RO'~ODU ~ J z I ~o ~ 3 I ~ w ~Fm I. M ~'1( Od. ~m aD w Rd (~ ,96_£LZ 3~LZ,SZ.00 N z z bom ~"~ __ O I3 0 U N Z ;~ W Vf O Im W I ~~ Z J Iz ~U3 1 ~ ,60'09ti 3 eLZ,5Z.00 N m 3 FM-' (l NOTICE AND PUBLISHED SUlVIlb7A1tY OF ORDINANCE PURSUANT TO I.C. § 50-901 A CITY OF MERIDIAN ORDINANCE N0.07- ~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being a portion of the South i/z of the Northwest'/~ of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A" This parcel contains 13.83 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue Meridian, Idaho. This ordinance~,~ `~ ~ ~ ~ ~ ~ ~ elective on the Z~ day of ZOO7. ®®~a " ~'e ~°°~®°~tr Oii Mayor and City Council o the City ~f ian By: William G. Berg, Jr., City Clerks®~, .~ ~, ~~.~ , `~ ®`° . .~~ a First Reading: / - 2- ~ d ~ Ad°h'pI rs~~°,ding by suspension of the Rule as allowed pursuant to Idaho Code 50-~~'.' ° °' °'Y`l~'~ ~G NO Second Reading: -- Third Reading: STATEMENT OF MIEILIDIAN CITY ATTORNEY AS TO ADEQUACY OF StfNUVIARY OF ORDINANCE NO. 07- ~ g The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- ~ y 9 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this 2 ~ day of ^ ~~~-~-~ , 2007. William. L.M. ary, City Attorney ORDINANCE SUMIVIAItY - AZ-00-006 SONINIERSBY SUBDIVISION (fka VALERI HEIGHTS SUBDIVISION) Page 1 of 1 ~ • December 29, 2006 MERIDIAN CITY COUNCIL MEETING January 2, 2007 APPLICANT ITEM NO. ~I 6 REQUEST Election of City Council Officers 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 ~s~~,~,.~ s~e~~e Q~ ~ h ~~ ~"" ~~ ~, C OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented ai public meetings shall become properly of the City of Meddkyn.