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2009-04-28
(EIDIZ IANC �J Revised 4-27-09 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, April 28, 2009 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: Boy Scout Troop No. 93 3. Community Invocation by Steve Moore with Ten Mile Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of April 14, 2009 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 08- 016 Request for Annexation and Zoning of 36.27 acres of land from the RUT zoning district in Ada County to the M -E (Mixed Employment) zoning district in the city for Southridge 31 by James L. Jewett — northeast comer of Overland Road and Ten Mile Road: C. Beer, Wine & Liquor License Renewals for: Limelight 3575 E. Copper Pt. Dr. Beer & Wine Famous Dave's BBQ 2038 Overland Rd. Beer & Liquor Ricks Press Room 130 E. Idaho St. Beer & Wine Meridian Speedway 335 S. Main St. Beer & Wine Meridian City Council Meeting Agenda — April 28, 2009 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 Grains of Montana The New Frontier Pizza Hut #2165 Pizza Hut #2166 Smoky Mountain Pizza JB's Restaurant Rudy's Pub & Grill Siam Thai Restaurant Good Thyme Grille Lakeview Golf Club Lotus Garden Muggsy's Flatbread Comm. Oven Cheerleaders Legacy Feed & Fuel Miss Tami's Tea Room Vina Firehouse Pub & Grill Jakers St. Luke's Meridian Fuddruckers Whitewater Pizza 0 1505 S. Eagle Rd. 116 E. Broadway Ave. 675 S. Progress 1752 W. Cherry 980 E. Fairview 1565 S. Meridian Rd. 2310 E. Overland Rd. 2951 E. Overland Rd. 750 S. Progress 4200 W. Talamore 2120 E. Fairview 501 S. Main St. 830 N. Main St. 3541 N. Eagle Rd. 3100 S. Meridian 1031 N. Main St. 1534 N. Main St. 1767 W. Franklin Rd. 3268 E. Pine Ave. 520 S. Eagle Rd. 3421 N. Eagle Rd. 1510 N. Eagle Rd. Revised 4-27-09 Beer & Wine Beer & Liquor Beer Beer Beer & Wine Beer & Liquor Beer & Liquor Beer & Wine Beer & Wine Beer & Liquor Beer Beer & Liquor Beer & Wine Beer & Liquor Beer & Wine Beer & Wine Beer Beer & Wine Beer & Liquor Beer & Wine Beer & Wine Beer & Wine D. Initial Point Gallery Acceptance Agreement: Russell Bjaggne for Tundra Studios: E. Approve Proposal from Nampa Paving and Asphalt for ACHD 2009 Federal Overlay Project for $6,100.00: F. Amendment to Task Order No. 0766 with Parametrix for Franklin Road — Ten Mile to Linder for $18,100.00: G. Task Order Agreement with T -O Enaineers for a Letter of Map Revision and Flood Study of Eiaht Mile Creek for the Not to Exceed Amount of $20,000.00: H. Change Order No. 1 and Change Order No. 2 for Overland Road Sewer and Water Improvements Project for the Amounts of $10,127.00 and $17,500.00: I. Approval for New Beer, Wine and Liquor License for Tavijaroen & Dullaphan dba Sa-wad-dee at 1890 E. Fairview Ave.. Meridian City Council Meeting Agenda — April 28, 2009 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. 7. 8. • 0 Revised 4-27-09 J. Approval for Beer and Wine Owner Transfer from Double D Home and Ranch to Ridgewood Enterprises Inc., dba Legacy Feed & Fuel at 3100 S. Meridian Rd.: K. Mutual Aid and Assistance Agreement for Idaho Intrastate Water / Wastewater Agency Response Network (IDWARN): L. Historical Research Services Brotzman: Department Reports: A. Police Department: Agreement with Nancy 1. Discussion on the Justice Assistance Grant: B. Mayor's Office: 1. Economic Development Update: C. Planning Department: 1. Update on High Priority Transportation Projects and Potential Partnerships: Items Moved from Consent Agenda: Request for Waiver of Fees of Extension Fees for The Hub by Mike McCabe with LightYear Development: 9. Tabled from March 24, 2009: FP 08-018 Request for Final Plat approval for 5 commercial building lots and 2 common lots on 19.18 acres in a C -G zoning district for Pinebridge Subdivision No. 1 by Stanley Consultants, Inc. —1830 East Pine Avenue: 10. Continued Public Hearing from April 14, 2009: TE 09-012 Request for approval of an 18 month Time Extension to obtain the City Engineer's signature on the Final Plat for the second phase of Zebulon Heights Subdivision No. 2 by Engineering Solutions, LLP — south side of East McMillan Road, west of North Eagle Road: 11. Continued Public Hearing from April 14, 2009: AZ 08-015 Request for Annexation and Zoning consisting of 15.05 acres from Ada County RUT to C -G (General Retail and Service Commercial) and I -L (Light Industrial) Meridian City Council Meeting Agenda — April 28, 2009 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 0 Revised 4-27-09 zones for Fignut by Ronald Van Auker — west side of South Locust Grove, north of East Overland Road and south of 1-84: 12. Continued Public Hearing from April 14, 2009: RZ 08-009 Request for Rezone of 1.69 acres from C -G (General Retail and Service Commercial) to I -L (Light Industrial) zone for Fignut by Ronald Van Auker — west side of South Locust Grove, north of East Overland Road and south of 1-84: 13. Continued Public Hearing from April 14, 2009: PP 08-012 Request for Preliminary Plat approval consisting of 6 non-residential building lots and 1 other lot in a proposed C -G and I -L zoning districts for Fignut by Ronald Van Auker — west side of South Locust Grove,. north of East Overland Road and south of 1-84: 14. Ordinance No. 09-1400RZ 08-004 Request for Rezone of 93.64 acres from L -O (Limited Office) and R-4 (Medium Low -Density Residential) to C -G (General Retail and Service Commercial) (25.10 acres), L -O (Limited Office) (10.70 acres), C -C (Community Business) (37.84 acres) and R-15 (Medium -High Density Residential) (20 acres) zones for Volterra Mixed Use by Primeland Development Company, LLP — west of North Ten Mile Road and north of West McMillan Road: 15. Ordinance No. 09-1401 : AZ 08-012 Request for Annexation and Zoning of 5.03 acres of land from RUT in Ada County to an R-4 zone for Shays Cove by Landmark Engineering & Planning, Inc. — 3155 South Mesa Way: 16. Ordinance No. 09-1404 Reimbursement Code (2nd and 3rd Reading): 17. Executive Session per Idaho State Code 67-2345(1)(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Meeting Agenda — April 28, 2009 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, April 28, 2009 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: Boy Scout Troop No. 93 3. Community Invocation by Steve Moore with Ten Mile Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of April 14, 2009 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 08- 016 Request for Annexation and Zoning of 36.27 acres of land from the RUT zoning district in Ada County to the M -E (Mixed Employment) zoning district in the city for Southridge 31 by James L. Jewett — northeast comer of Overland Road and Ten Mile Road: C. Beer, Wine & Liquor License Renewals for: Limelight Famous Dave's BBQ Ricks Press Room Meridian Speedway 3575 E. Copper Pt. 2038 Overland Rd. 130 E. Idaho St. 335 S. Main St. Dr. Beer & Wine Beer & Liquor Beer & Wine Beer & Wine Meridian City Council Meeting Agenda — April 28, 2009 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised -27 Grains of Montana 1505 S. Eagle Rd. Beer & Wine The New Frontier 116 E. Broadway Ave. Beer & Liquor Pizza Hut #2165 675 S. Progress Beer Pizza Hut #2166 1752 W. Cherry Beer Smoky Mountain Pizza 980 E. Fairview Beer & Wine JB's Restaurant 1565 S. Meridian Rd. Beer & Liquor Rudy's Pub & Grill 2310 E. Overland Rd. Beer & Liquor Siam Thai Restaurant 2951 E. Overland Rd. Beer & Wine Good Thyme Grille 750 S. Progress Beer & Wine Lakeview Golf Club 4200 W. Talamore Beer & Liquor Lotus Garden 2120 E. Fairview Beer Muggsy's 501 S. Main St. Beer & Liquor Flatbread Comm. Oven 830 N. Main St. Beer & Wine Cheerleaders 3541 N. Eagle Rd. Beer & Liquor Legacy Feed & Fuel 3100 S. Meridian Beer & Wine Miss Tami's Tea Room 1031 N. Main St. Beer & Wine Vina 1534 N. Main St. Beer Firehouse Pub & Grill 1767 W. Franklin Rd. Beer & Wine Jakers 3268 E. Pine Ave. Beer & Liquor St. Luke's Meridian 520 S. Eagle Rd. Beer & Wine Fuddruckers 3421 N. Eagle Rd. Beer & Wine Whitewater Pizza 1510 N. Eagle Rd. Beer & Wine D. Initial Point Gallery Acceptance Agreement: Russell Bsaaane for Tundra Studios: E. Approve Proposal from Nampa Paving and Asphalt for ACHD 2009 Federal Overlay Project for $6,100.00: F. Amendment to Task Order No. 0766 with Parametrix for Franklin Road — Ten Mile to Linder for $18,100.00: G. Task Order Agreement with T -O Engineers for a Letter of Map Revision and Flood Study of Eight Mile Creek for the Not to Exceed Amount of $20,000.00: H. Chance Order No. 1 and Chanae Order No 2 for Overland Road Sewer and Water Improvements Prosect for the Amounts of $10,127.00 and $17,500.00: I. Approval for New Beer, Wine and Liquor License for Tavisaroen & Dullaphan dba Sa-wad-dee at 1890 E. Fairview Ave.. Meridian City Council Meeting Agenda — April 28, 2009 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised -27- J. Approval for Beer and Wine Owner Transfer from Double D Home and Ranch to Ridgewood Enterprises Inc., dba Leaacv Feed & Fuel at 3100 S. Meridian Rd.: K. Mutual Aid and Assistance Agreement for Idaho Intrastate Water / Wastewater Anencv Response Network (IDWARN): L. Historical Research Services Brotzman: 6. Department Reports: A. Police Department: Agreement with Nancy 1. Discussion on the Justice Assistance Grant: B. Mayor's Office: 1. Economic Development Update: C. Planning Department: 1. Update on High Priority Transportation Projects and Potential Partnerships: 7. Items Moved from Consent Agenda: 8. Request for Waiver of Fees of Extension Fees for The Hub by Mike McCabe with LightYear Development: 9. Tabled from March 24, 2009: FP 08-018 Request for Final Plat approval for 5 commercial building lots and 2 common lots on 19.18 acres in a C -G zoning district for Pinebridge Subdivision No. 1 by Stanley Consultants, Inc. —1830 East Pine Avenue: 10. Continued Public Hearing from April 14, 2009: TE 09-012 Request for approval of an 18 month Time Extension to obtain the City Engineer's signature on the Final Plat for the second phase of Zebulon Heights Subdivision No. 2 by Engineering Solutions, LLP — south side of East McMillan Road, west of North Eagle Road: 11. Continued Public Hearing from April 14, 2009: AZ 08-015 Request for Annexation and Zoning consisting of 15.05 acres from Ada County RUT to C -G (General Retail and Service Commercial) and I -L (Light Industrial) Meridian City Council Meeting Agenda — April 28, 2009 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised -7 zones for Fignut by Ronald Van Auker — west side of South Locust Grove, north of East Overland Road and south of 1-84: 12. Continued Public Hearing from April 14, 2009: RZ 08-009 Request for Rezone of 1.69 acres from C -G (General Retail and Service Commercial) to I -L (Light Industrial) zone for Fignut by Ronald Van Auker — west side of South Locust Grove, north of East Overland Road and south of 1-84: 13. Continued Public Hearing from April 14, 2009: PP 08-012 Request for Preliminary Plat approval consisting of 6 non-residential building lots and 1 other lot in a proposed C -G and I -L zoning districts for Fignut by Ronald Van Auker — west side of South Locust Grove, north of East Overland Road and south of 1-84: 14. Ordinance No. 09-1400 RZ 08-004 Request for Rezone of 93.64 acres from L -O (Limited Office) and R-4 (Medium Low -Density Residential) to C -G (General Retail and Service Commercial) (25.10 acres), L -O (Limited Office) (10.70 acres), C -C (Community Business) (37.84 acres) and R-15 (Medium -High Density Residential) (20 acres) zones for Volterra Mixed Use by Primeland Development Company, LLP — west of North Ten Mile Road and north of West McMillan Road: 15. Ordinance No. 09-1401 : AZ 08-012 Request for Annexation and Zoning of 5.03 acres of land from RUT in Ada County to an R-4 zone for Shays Cove by Landmark Engineering & Planning, Inc. — 3155 South Mesa Way: 16. Ordinance No. 09-1404 Reimbursement Code (2nd and 3rd Reading): 17. Executive Session per Idaho State Code 67-2345(1)(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Meeting Agenda — April 28, 2009 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Broadcast Report Date/Time 04-28-2009 12:44:53 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 This document: Failed (reduced sample and details below) Document size: 8.5 "x11 " Revised 4t 27 -ft 0%fEFjDIAN*,-- IDAHO CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, April 28, 2009 at 7:00 pm. 'Although the City of Meridian no longer requires swam testimony, all presentation& before the Mayor and City Coundl are expected to be truthful end honest to the best of the abWy of the presenter." 1. Roil -cast Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bind Mayor Tammy de Weerd 2. Pledge of Allegiance: Boy Scout Troop No. 93 3. Community Invocation by Steve Moue with Ten Mlle Christian Church: 4. Adoption of the Agenda: S. Consent Agenda: A. Approve Minutes of April 14, 2009 City Council Regular Meeting: B. f=indings of fact and Conclusions of taw for Approval: AZ 08- 016 Request for Annexation and Zoning of 36.27 acres of land from the RUT zoning district In Ada County to the M -E (Mixed Employment) zoning district in the city for Southridoe 31 by James L. Jewett - northeast comer of Overland Road and Ten Mile Road: C. peer, Wine & Liquor License Renewals for: Limelight 3575 E. Copper Pt. Dr. Beer & Wine Famous Dave's B8Ct 2038 Overiand Rd. Beer & Liquor Rieke Press Room 130 EE, Idaho St. Beer & Wine Meridian Speedway 335 S. Main St. Beer & Wine oAeddim Ctly Counts MeeftAgwida–Apr028, 2x09 Page 1014 All meteistta presented at publa meet<nga Wm2 become property orthe Cthr of markun. An — d-ft---nodaft for diaMNW9 mbftd to documents WWor hearing, please mnt3ct Ore City Clouts ORw at M-4433 at Wag 48 trouts pdw to to p A tc g"ft. Total Pacfes Scanned: 4 Tntal Panac rnnfirrnaA •tin No. 001 Job 230 Remote Station 9,3810160 StartTime 12:02:17 p.m. 04-28-2009 Duration 00:00:00 Pages 0/4 Line 1 Mode G3 Job Type IHS Results FA 002 230 9,8467366 12:02:17 p.m. 04-28-2009 00:01:00 4/4 1 EC HS CP26400 003 230 2088559560 12:02:17 p.m. 04-28-2009 00:01:08 4/4 1 EC HS CP21600 004 230 2088882682 12:02:17 p.m. 04-28-2009 00:00:59 4/4 1 EC HS CP28800 005 230 9,8840745 12:02:17 p.m. 04-28-2009 00:00:58 4/4 1 EC HS CP28800 006 230 2083876393 12:02:17 p.m. 04-28-2009 00:01:00 4/4 1 EC HS CP28800 007 230 Ada County 12:02:17 p.m. 04-28-2009 00:02:53 4/4 1 IG3 HS CP14400 Broadcast Report Date/Time 04-28-2009 12:45:00 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 No. 008 Job 230 Remote Station 9,8885052 StartTime 12:02:17 p.m. 04-28-2009 Duration 00:00:00 Pages 014 Line 1 Mode -- Job Type HS Results FA 009 230 9,8886573 12:02:17 p.m. 04-28-2009 00:04:19 4/4 1 EC HS CP9600 010 230 9,8881983 12:02:17 p.m. 04-28-2009 00:01:04 414 1 EC HS CP24000 011 230 2083776449 12:02:17 p.m. 04-28-2009 00:01:56 4/4 1 EC HS CP14400 012 230 9,4679562 12:02:17 p.m. 04-28-2009 00:01:00 4/4 1 EC HS CP26400 013 230 9,3505962 12:02:17 p.m. 04-28-2009 00:01:42 4/4 1 EC HS C1314400 014 230 9,8884022 12:02:17 p.m. 04-28-2009 00:03:12 4/4 1 EC HS CP14400 015 230 3886924 12:02:17 p.m. 04-28-2009 00:01:46 4/4 1 EC HS CP14400 016 230 19,8841159 12:02:17 p.m. 04-28-2009 00:01:01 4/4 1 EC HS CP26400 017 230 19,8840744 ll2:02:17 p.m. 04-28-2009 100:01:01 414 1 EC HS CP26400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fail RP: Report EC: Error Correct AGENDA NAME -29-09 C G ftuja, BACK TABLE FOR P & Z OR CIC DOOR OF CHAMBERS CLERKS STATION CITY COUNCIL SEATS CLERKS WALL CALENDAR REPOST IN LOBBY REFAX WEBSITE WEBLINK E-MAIL 0 REVISED MS/NO) REVISED DATE: - IBM X ga C Initial: Date: Time: f►�d7 Meridian City Council Meeting April 28, 2009 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, April 28, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Bob Stowe, Tracy Basterrechea, Mark Niemeyer, Bruce Freckleton, Kyle Radick, Sonya Watters, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Good evening. I'd like to welcome you all here. For the record it is Tuesday, April 28th. It's a few minutes after 7:00. We appreciate all the young faces we see in our audience. We always enjoy having our Boy Scouts join us and, hopefully, they are kept -- we keep your attention. So, with that said I will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance: Boy Scout Troop No. 93. De Weerd: Item 2 is our Pledge of Allegiance. Tonight we will be led in the pledge by the Boy Scout Troop No. 93 and, Mr. Bird, before I ask you to stand up -- I will read off their names. Dustin Barton. Conner James. Zach Carlson. Andrew Gerhardt. Ryan Dempsy. Nick Thorpe. Steven Hopper. Greg Quintana. Spencer Hiner-Stolhand. And John Fritz. If you will all join us in the Pledge of Allegiance and ask our Boy Scouts to come forward and lead us in the pledge. (Pledge of Allegiance recited.) De Weerd: If you guys will stay there for a moment. Thank you for leading us in the pledge. It's always great to have our youth lead us in that particular item. Item 3. Community Invocation by Steve Moore with Ten Mile Christian Church: De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Steve Moore. He is with the Ten Mile Christian Church that just recently opened on Easter Sunday on Ten Mile and Franklin Road. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Meridian City Council April 28, 2009 Page 2 of 42 Moore: Thank you, Madam Mayor and Council and all the departments on behalf of our congregation, I think it's just appropriate for me to say publicly we are grateful for the support we received and the many ways that our city cooperated. We hope to continue to make a difference in this community and thank you for that. Our God and Father in Heaven, it does our hearts good tonight to be witnesses of these young men who have already figured out in life what we all need to know and remember, that it's better to give than to receive, that they have, by their involvement in the scouting program, determined to use their free time for something beyond themselves. I ask you to bless them and their leaders and their families as they endeavor for those high ideals. God, tonight decisions are going to be made that affect people's livelihood and their lifestyles and this community's well being. You have said in your word to seek your wisdom and I ask on behalf of these Council members, these who volunteer, and also who are employed in the city and our Mayor, I pray, God, that what's done tonight will be in your will. We thank you, God, that -- that life is well and reflection bigger than ourselves and we need that. We realize from time to time that we are in over our head just in the daily pressures of life, but we take comfort in the fact that you are our God, you are a keeper of your word and we turn to you in this community. We really are a community under you, God, in Jesus' name I pray, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the Consent Agenda we need to remove the last item, Item L. That will be discussed some other day. On the regular agenda, Item 9 regarding Pinebridge Subdivision No. 1 has been withdrawn by the applicant. Items 11, 12 and 13 regarding Fig Nut, there has been a request to continue that. And we will continue it to May 26th. Item 16 is published as a second and third reading, but it will, in fact, only be the second reading. With that I move that we adopt the agenda as amended. Hoaglun: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of April 14, 2009 City Council Regular Meeting: Meridian City Council April 28, 2009 Page 3 of 42 B. Findings of Fact and Conclusions of Law for Approval: AZ 08- 016 Request for Annexation and Zoning of 36.27 acres of land from the RUT zoning district in Ada County to the M -E (Mixed Employment) zoning district in the city for Southridae 31 by James L. Jewett — northeast comer of Overland Road and Ten Mile Road: C. Beer, Wine & Liquor License Renewals for: 14 E. F. Limelight Famous Dave's BBQ Ricks Press Room Meridian Speedway Grains of Montana The New Frontier Pizza Hut #2165 Pizza Hut #2166 Smoky Mountain Pizza JB's Restaurant Rudy's Pub & Grill Siam Thai Restaurant Good Thyme Grille Lakeview Golf Club Lotus Garden Muggsy's Flatbread Comm. Oven Cheerleaders Legacy Feed & Fuel Miss Tami's Tea Room Vina Firehouse Pub & Grill Jakers St. Luke's Meridian Fuddruckers Whitewater Pizza 3575 E. Copper Pt. Dr. 2038 Overland Rd. 130 E. Idaho St. 335 S. Main St. 1505 S. Eagle Rd. 116 E. Broadway Ave. 675 S. Progress 1752 W. Chevy 980 E. Fairview 1565 S. Meridian Rd. 2310 E. Overland Rd. 2951 E. Overland Rd. 750 S. Progress 4200 W. Talamore 2120 E. Fairview 501 S. Main St. 830 N. Main St. 3541 N. Eagle Rd. 3100 S. Meridian 1031 N. Main St. 1534 N. Main St. 1767 W. Franklin Rd. 3268 E. Pine Ave. 520 S. Eagle Rd. 3421 N. Eagle Rd. 1510 N. Eagle Rd. Beer & Wine Beer & Liquor Beer & Wine Beer & Wine Beer & Wine Beer & Liquor Beer Beer Beer & Wine Beer & Liquor Beer & Liquor Beer & Wine Beer & Wine Beer & Liquor Beer Beer & Liquor Beer & Wine Beer & Liquor Beer & Wine Beer & Wine Beer Beer & Wine Beer & Liquor Beer & Wine Beer & Wine Beer & Wine Initial Point Gallery Acceptance Agreement: Russell Biaaane for Tundra Studios: Approve Proposal from Nampa Pavina and Asphalt for ACHD 2009 Federal Overlay Protect for $6,100.00: Amendment to Task Order No. 0766 with Parametrix for Franklin Road —Ten Mile to Linder for $18,100.00: Meridian City Council April 28, 2009 Page 4 of 42 G. Task Order Agreement with T -O Engineers for a Letter of Map Revision and Flood Study of Eight Mile Creek for the Not to Exceed Amount of $20,000.00: H. Change Order No. 1 and Change Order No. 2 for Overland Road Sewer and Water Improvements Project for the Amounts of $10,127.00 and $17,500.00: I. Approval for New Beer, Wine and Liquor License for Tavijaroen & Dullaphan dba Sa-wad-dee at 1890 E. Fairview Ave.. J. Approval for Beer and Wine Owner Transfer from Double D Home and Ranch to Ridgewood Enterprises Inc., dba Legacy Feed & Fuel at 3100 S. Meridian Rd.: K. Mutual Aid and Assistance Agreement for Idaho Intrastate Water / Wastewater Agency Response Network (IDWARN): De Weerd: Item No. 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As previously noted, Item L has been removed from the Consent Agenda. Other than that I move we approve the revised Consent Agenda and for the Mayor to sign and the Clerk attest. Hoaglun: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. If there is no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Police Department: 1. Discussion on the Justice Assistance Grant: Meridian City Council April 28, 2009 Page 5 of 42 De Weerd: Item 6 under Department Reports, we will start with the Police Department. Discussion on the Justice Assistance Grant. Basterrechea: Madam Mayor, City Councilmen, we have before you a memorandum of understanding for the metro -- Boise metro area, which would include the Meridian Police Department, Boise City Police Department, Ada County Sheriffs Office, and the Garden City Police Department and, basically, what has occurred is we have received a JAG grant or Justice Assistance Grant, known as the Bryne grant, and they have allocated the Treasure Valley a certain amount of monies. Our share of that is a hundred -- approximately 133,000 dollars. And with that Treasure Valley law enforcement agencies have agreed to set aside 15 percent of that and pool that money together to purchase certain equipment. These equipments are needed, because we have currently switched over to the 700 megahertz radios and some of the equipment that we have used for some of our domestic violence cases are not compatible with 700 megahertz. And so once we looked at the best way for cost savings, we thought it would be better if we pulled our monies together and bought an allotment of equipment that the different agencies could utilize together. Along with that we are also looking at utilizing some surveillance and investigative technologies, as well as switching over to upgrade our records management system from AS -400 platform to a Windows based platform, which would ultimately make for cheaper upgrades and make it much more user friendly. And with that I'll answer any questions that you might have. De Weerd: Thank you, Lieutenant. Any questions, Council? Bird: I have none. Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve the Memorandum of Understanding for the Justice Assistance Grant and authorize the Mayor to sign and the Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve. Any discussion? Hearing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Meridian City Council April 28, 2009 Page 6 of 42 Basterrechea: Thank you. B. Mayor's Office: 1. Economic Development Update: De Weerd: Thank you. Okay. Item 6-13 under the Mayor's office is our economic development update. We have Bill Stiffler. Stiffler: Good evening to Madam Mayor and Councilmen. It will not just be me speaking. That may make some feel good about, because I won't talk quite as much. So, Josh will also participate in this, because there is some areas I'd like to have him cover. If -- I think the point is what we would like to do is be able to give a quick update and be able to answer any questions also about what's -- I guess what's happening, what's not happening, and what can be happening, I guess to a degree. So, with that still staying the course, which the Council and Mayor and I think the city has outlined referenced economic excellence and I think we are going to continue that course in a way that continues to make Meridian very proud and that economic excellence, as we have said before, relates strictly not only to looking at what we consider to be new business, but it looks at the idea of where the future business would be. Can I advance it there? Should be able to with the pointer. There we go. And I'm going to go past, as the Council has seen before, we are still maintaining the mission and the vision that we have outlined in the past and still stay that course. I think the one thing that I would want to mention -- and it's interesting -- I'll cover this later on in the presentation -- is I just had the opportunity to attend an actual workshop convention that was made up of the National Association of Business Writers and Editors from throughout the United States. I just returned at 3:00 o'clock today. At that actual meeting we had some of the top business writers from Forbes, Fortune, Wall Street Journal, all the major newspapers. As a result of that we participated in that with the state Department of Commerce. One of the things that I'd like to mention out of that is I had a chance to participate in part of a forum with the actual authors of this book that just came out and it's called Battling the Big Box. What the story is all about is where the future of America is related to small business and I am going to take a minute, because I'd like to share just about four or five facts in here, which I think points out the emphasis that we have continued to look at reference small business and small business growth and emerging businesses in this community. And these statistics are fairly current, which is kind of interesting as being a current book just published in 2009. Small businesses account for more than 99 percent of all the employer firms in the United States. These businesses employ half of all the employees in the private sector. Firms with fewer than 20 employees account for 32 million workers. Throughout the past decade small businesses provide 60 to 80 percent of the new jobs annually. 2004 is the most recent data available, but it is being confirmed in the 2008 data. Small firms accounted for all of those new jobs. A net new job refers to new jobs in excess of the number of lost jobs. What that is in small business, there is a net increase. In large business there is a net loss. These small companies hire 40 percent of the high tech workers, including scientists, engineers, and computer workers. They also make up 97 percent of the Meridian City Council April 28, 2009 Page 7 of 42 exporters and produce 28.6 percent of the known export value. This is all from the U.S. Small Business Administration. The reason I only bring that up is that, yeah, I think you have heard from me personally as kind of looking at the representation of why I think it's so important that we stay our focus on where really the economy and the business side is, as we said before, not going out to try to seek out that 10,000 employee company, but finding where those employers and those entities that we have here that may be 20 employees today, but a hundred tomorrow. So, then, going into the identified areas on the slide that's up right now, as you're well aware our business enterprise corridor or program -- and I would say our approach is alive and well. The first thing -- and the last -- the last time that I was able to give the update it was still in process, so I want to confirm, so that you're aware of that in combination with the city and with Idaho State University and with the ISU Alumni Association, a hundred thousand dollars was raised for a strategic communications plan to go ahead and push the health sciences and technology corridor forward. I will say right now that the new -- the new identity branding of that will be launched in the month of May. It will be unique. It will be very much similar to what you might think of a North Carolina triangle kind of concept. And the focus of that, again, will be the focus towards the same kind of business enterprise we see already presently found -- or the foundation of that corridor. At the same token we are going to tie in a marketing that sits in the heath science tech corridor to get all their marketing representatives on the same page with us and I say they are very excited about being part of that, because they see that as the kind of growth that they would like to see in that corridor and the synergistic type of entities that exist there. We are also still proceeding forward on actually preparing a white paper. I discussed that with the Council the last time I was here, looking at the feasibility side of what we refer to as the field district or innovation center as we might say or innovation -- fields innovation and research center that could locate someplace in northwest Meridian. We have had meetings with the University of Idaho and we are proceeding forward to look at the feasibility where that would fit long term in the vision for another corridor for the community. At the time that we are ready to have that white paper it will be presented to the Council for your review. We will continue -- and as you know with the coordination between jobs in particular with MDC, we continue to work with the downtown area and want to continue to push that as much as we can forward. I would say it's very interesting in contacts that we have, we still get the inquiry what's going on downtown, what's going to be happening downtown, and it's nice to be able to make those -- make those positive statements about that. I must say the building we sit in right here continues to be a positive example of that to the people that see it. Lastly, but very importantly, is getting all the businesses engaged that are in the corridor today. The press and publicity that we can get for them to give identity to understanding how important they are is very important. Again, what I will give you out later is that some of those companies that I just had a chance to be at this conference at and actually getting a chance to tell Meridian's story -- I'll give you one a little bit later. But these thumb drives here we gave out over 200 of them to business writers from around the country. These thumb drives have a small little story about Idaho. They, then, have a story of the participants. Participants included part of the southern Idaho -- southern Idaho -- excuse me, the southeastern Idaho economic development group covering Twin Falls and that area. Covered some out of Moscow. We were the only representative out of Meridian City Council April 28, 2009 Page 8 of 42 the Treasure Valley was Meridian. And in this we got stories that are now in the hands of -- stories of the businesses here in our community that are in the hands of those writers. With that I'm going to go to the next slide and I'm, actually, going to let Josh come up and talk to you about this next slide and one of the reasons I'd like to have him do that, he's been very instrumental as a catalyst, particularly with the upcoming Meridian Business Day, which I will tell him a lot of the volunteers and some of the small businesses we have participating in it I think the momentum and the traction are because Josh has actually kept that traction going and that enthusiasm with them. Josh: Good evening. A few brief comments in addition to what Phil mentioned on the Meridian Business Day, which I will get into and you're currently being handed out the invitation that's going out to Meridian businesses and actually valley businesses. To date this year -- we started off this year creating a top 30 site visit list, obviously, engaging existing businesses with the Mayor continuing to be a priority. It's not, obviously, just about bringing in new business, but helping our existing businesses to grow and supporting them. So, we started off by creating that site visit, so we had a target list and, then, we have currently been working from that list to engage those businesses, not only with the Mayor, but also as we have opportunities to go out there and follow up with businesses and meet with them even on a one-on-one basis day to day. Meridian Business Day event that Phil touched on has a collaborative event with not only the Department of Labor, but also educational and business leaders and owners in the community. They have been instrumental in organizing this event out there. We are creating this event to be free to participants, which we feel is extremely important and critical, so it's not -- you know, obviously, in this economy not having them pay for it -- various workshops have been identified by the businesses and educational institutions that are participating that are needed by businesses and those individuals have stepped up to provide their services for free. As you -- I don't know if -- and, actually, I will send you out an agenda -- Councilman Hoaglun, I think I sent it to you, I don't know if you saw that, but I'll make sure to get it out to all the Council Members so you can see -- some of the names that are associated with those workshops, definitely some leaders in our community and this valley really stepped up to help out, as well being capped off by a networking luncheon where we will do something similar to the Taste of Meridian from the State of the City as that was a very successful event and really showcases the great restaurants we have here in this community. This will all be done and take place at City Hall, so we can not only showcase our downtown, but also this great building we are standing in, as well as the plaza out front. Again, sponsors have really stepped up so far and we are looking for new sponsors, but that's what's really helping us drive this event and make it free for participants. If you have any questions on that I'd be happy to answer them, but -- De Weerd: Council, any questions about Meridian Business Day? Bird: I have none. De Weerd: Okay. Thanks, Josh. Meridian City Council April 28, 2009 Page 9 of 42 Josh: We have also recently conducted a business survey over the last month and a half. To date we have only received 58 responses. We were hoping to get a lot more feedback than that. We have attacked it from several angles, whether it be the website, e-mails, the chamber, but the responses that we did get were very valuable and we are collecting those responses and we will share them with you when we have those consolidated. We are also reaching out to technology groups to help us get more engaged with various emerging businesses, groups like Kickstand and Tech Boise, participating in their activities and events and their monthly meetings helps us stay in front of what's going on in the community. And we are also exploring a database resource to help us -- obviously, the city does not have a business license, which makes it difficult sometimes to know who is out there, but driving around and making a list of businesses, which could be very time consuming at times, but this resource that we recently -- are recently exploring provides a current and accurate database of businesses in Meridian. Actually, the library's looking at adding it to their research that they offer and we might be able to tap into that if they do so. This company not only mainly enters data from, again, Yellow Book, but they phone verify all these businesses, so getting additional data on these businesses and find ways that we can quiry the number of employees, size of businesses, et cetera, which might be very valuable to us to have to know what's going on in our community. With that I'll stand for any questions on these items. De Weerd: Thank you. Stiffler: The one thing I would like to add about the Meridian Business Day is there is kind of another -- a background theme to that that we found that's very important and I think it's something that ties into the rest of that slide on site visits. I think every time that the Mayor has been with me on a site visit or Josh and I go visit businesses, right now the biggest message that we can get to those people is the fact that there is a positive side, there is a proactive side, kind of the spirit behind entrepreneurialism and small business is alive and well in Meridian. And I can tell you that the Mayor and I were just over meeting the new president of SSA last Friday, same comment, and I can say the excitement -- I think, Tammy, I don't know if you got a chance -- we already got an e-mail back from him telling how he was appreciative of the kind of efforts that I say to all of you in facing you that looking at the fact of how we are trying to do the right thing for Meridian for the future. The next segments, which we have referred before in those five -- in our major objectives areas is positioning for sustainable economic base. I would tell you that right now I would say that we are looking at exploring every potential tool that we can to draw investment into the community. There are some things being considered right now that having to do with actually Bill Nary, along with some private legal counsel, because of some clients and people that looked at investment in this area that we are working with the Department of Commerce and other parties to look at being able to help facilitate that. I would say that we will be able to divulge a little bit more and talk more about that as those come to play, but it's all in the idea of saying how can we help -- to be blunt, our developers, our stakeholders, our citizens and those people in today's economy to see how do we get investment into our community. Our participation still continues with BVEP and I would say that that Meridian City Council April 28, 2009 Page 10 of 42 participation is mentioned here a couple times and I would say this that -- I only want to make clear that I would still say our participation, we will respond to every request that we see that comes in from any of the inquiries from the Department of Commerce or through BVEP. Generally we sometimes get them from both and the reality is we may have already responded and we find some our developers have already received that response. But I would tell you that we still stay very focused on that small to medium sized business, because sometimes in today's marketplace we find out very quickly that some of those big business things that sound very good on paper are not quite there unless the state and the city wants to cough up three to five million dollars worth of cash or if we are looking at the realities and so I would say this, we still remain focused on the realities, not on what I would call the rainbows in another realm. Working with developers, leasing agents, and commercial realtors to provide support. We are going to -- we continue and it's interesting, we talked to the people at all the various developments pretty much both on a routine basis in the context of related to them giving us inquiries or information, we have provided our marketing packets to them, so they can actually use them in their marketing efforts and we will continue to do that. I still think we are very blessed in this community as the Council knows with some -- a group of developers who are very professional, experienced, down to earth business people that are trying to do their best job given the economic time. We are also -- in fact, we have another meeting -- we probably would say -- I think the Mayor might say that when we formed the Mayor's Advisory Workforce Development Council, I would say the meeting -- our previous meeting of a month ago was probably one of the most energetic meetings I have seen by a group of people. Josh did not mention, but the reality is part of the actual enthusiasm and excitement that's come out of the Meridian Business Day has come from some of those leaders on that advisory council to the Mayor. They are the same ones that have stepped up. And I could name them. Bill Bock from the University of Phoenix has been fantastic and the reality is with those kind of enthusiasm we are getting it from representatives from bodybuilding.com, we are getting it from representatives from Vengaworks, it's kind of ongoing and I think the point is that it's very exciting to see that they are looking forward in a positive way. We also were the ones that actually served as a stimulus to -- actually, we defer to the Mayor, but because of her roll on the business retention committee for BVEP, we started this whole thing, she taps me with kind of the education committee and looking at how we can get people involved in looking at our labor force and education and where they connect. We were able to get Leandra Bums from the Department of Labor on board and she -- I would say this, that she took the football and ran with it. So, as a result I just got two more e-mails today. I will say that we will take the credit for being the catalyst for it, but the momentum is going on. There is actually going to be a summit where we now got participation throughout the valley on labor force and work force development just what the Mayor had intended out of that whole plan. And I would say in that same token that summit will also be tied into a date potentially in June and there is going to be some more specifics to that related to the health science and technology corridor. It was interesting that one of the workshops that I got a chance to sit into at this -- this conference in Denver was also -- also on healthcare for the future and they had the chief financial -- excuse me -- the chief medical officer for Signa Insurance Company, the former governor of the state of Colorado and the third person was the Meridian City Council April 28, 2009 Page 11 of 42 actual person who was the -- I should say the actual editor or writer of President Obama's actual research topic that he had done on healthcare and she presented part of that. And out of that they started talking about actually the labor force and the realities, again, the demographics we see in healthcare and it got repeated over and over and over again, the economic engine that can help pull things back out. It still has problems in it, there is lots of issues to be solved, but it still comes in that healthcare and the related technology in the development and research. What we have termed target marketing to attract new value added business is very important to what we see the future and I would mention there, again, you will see here a couple things -- we just listed examples of projects and these are code word names that come from BVEP, so I -- we didn't -- Josh and I didn't come up with those. Bright. Everest. Hardwoods. That type of thing. I must tell you that in many cases some of those that we picked, the Mayor knows this, we look at the ones that we think are really realistic. Many times part of our developer group will already have awareness and we are working -- you know, we will work with them and some of the information -- the planning department works with us to look at identifying possibilities for that. But at the same token you never know. One of those ones that makes really good sense or hits and the idea is that that's why we -- that's why we will still follow up with them. If you go down to working with several start-up companies and businesses interested in relocating to the area, I would say right now, which is maybe an indication of the economy, I can't name the name of it -- we have another new restaurant that will be moving to Meridian out of another community, which I'm not privy to say. I have had conversations with them at the end of the week, but I can say this comment, they said to me that they want to move to a business friendly city and that's the direct comment. We have a medical device development entity that right now is choosing between really Idaho and Nevada. That's ones that have contacted us directly. I'm not sure yet of the success of that. It could be potentially 60 jobs. The nice thing about it it falls right into the corridor kind of concept that we are doing in the whole health science and technology corridor. And so they are looking at -- Nevada's throwing some incentives out to them, which is not a surprise. It's a matter of whether -- it happens the gentleman who is the CEO has a ranch and a farm less than an hour away. So, that's got -- that may be an incentive that's a little bit closer than being in Nevada. And we -- Josh and I just met last week -- we have a home healthcare group that was looking at wanting to place themselves right in the corridor. They would have about eight to ten jobs, but they would have up to 200 people under their -- under their wing. This is not a new start up in not having impact or the understanding, the gentleman already has contracts for part of those services and it's really an enhancement. He has all his medicaid -- all the approvals to be able to provide that out source service. We will continue and have -- I would say this, Porter Novelli, the marketing PR firm for BVEP, has continued to work with us and we continue to try to get exposure where ever we can with regard to any of our existing businesses and how that ties to some of the emerging entities that could be here. Lastly, I hope all of you do go out to Gino's restaurant. As you know that we were -- you know, as a city we were instrumental in getting that thing going there. It's not a huge employer, but is a good employer and I think it provides another -- another resource. I know that at least the Mayor and Charlie and myself live pretty close to it. I know Brad -- yeah. Kind of like I'm going thumbs up. I tried to go -- even here I thought I was the guy that got them Meridian City Council April 28, 2009 Page 12 of 42 all out there on a Saturday and put it all together, but I couldn't even get in the restaurant. Gino just laughed at me. He said you need a reservation, so -- so, part of our direct effort, which I totally agree with and the idea of targeting the Mayor has -- the Mayor and -- has sat down with us, we have talked about where do we really -- how do we get our best bang for our buck on targeting the kind of businesses we want. So, we have targeted four trade shows for our attendance. I just came back from the SBEW. That's the Society of Business Editors and Writers. That was the national conference. There were, like I said, only two states represented. Wyoming and Idaho. And I say -- that started on Sunday and the first four people that walked up to the booth we had there, the first four said why are you guys here, what are you here for. Couldn't have been a better question, because, you know, it's kind of a lay-up, you know, why would you be here. And so I would tell them -- and the Mayor has -- when I have a chance to give this report, because I just got back today, but I will just tell you it's one I would strongly recommend that if we can stay participating in I think it will be well worthwhile. The one thing we were available to do, actually, because of the strategic communications plan that ISU participated in funding and everything, Scott Perrin of Scott Perrin and Associates worked the booth with me, as well as Julie Howard from the Department of Commerce and also a representative from the Southeastern Business Council in Idaho that's based out -- she's actually based out of Twin Falls. So, we were the four people that worked the booth at the show. I would say that the good news out of that, we took a direct approach. We found out that a lot of discussion going on had to do with financial crisis and financial items, but we actually targeted an e-mail right at the show, those regional and free-lance people that were looking at kind of the more new exciting stories. We do not have a commitment, but the Los Angeles Times and San Francisco Chronicle have both indicated that they are interested in doing a story on the business enterprise corridor, particularly related to when we launch the new name and we actually gave out some of that information to them. The other ones I will skip through, because my time's up. I just would tell you that I hope most of you possibly saw the IBR construction article, the Mayor and I had a chance to take one of the -- one of the writers for the IBR out, it was just in this last -- this last week's issue. The one thing I will say that same comment here is -- here is taking someone around again and every time we seem to do this I -- they will -- they just get shocked. And I sometimes think that people that maybe live in the -- in Boise or they live in another part of the valley, it's just -- when you drive them around and they go, wow, I didn't know that was happening. We know we drove them by Complex Care Hospital over in EI Dorado. We took them to the building -- the buildings at Portico. You took them into Silverstone. You take them out to the areas and they just go we didn't know that was happening. And as you saw in the pictures there, you saw construction workers working at Portico and they saw the ISU building and it's just -- it's -- it's something the more and more we get out -- every time we take somebody on a tour they kind of go, wow, I didn't know that existed. I'll skip down -- the rest of it is kind of -- I'll skip down to the last one. New businesses locating at Vengaworks. These are just a few. You have heard me talk about and we have talked about Vengaworks before. I guess what I would say to you -- when we first looked at getting that and working with them -- and Tammy can talk about the first time that we first met them, we said, wait a minute -- and the reality is go over Meridian City Council April 28, 2009 Page 13 of 42 there -- if you get a chance go over there, because it's already happening. You're seeing the businesses move in and come in and be active and continuing to do that. De Weerd: Have any of you been over there? Zaremba: I haven't -- I have been by it. I haven't been in. De Weerd: You really need to -- if we arranged a tour -- maybe, Phil, you can pull that together, but -- Stiffler: I have lunch with Mark tomorrow. De Weerd: It just is a new concept and there is some very aggressive upstart businesses in there that we have been working with directly that have a lot of potential. We just got back from an economic kind of summit and heard of the hot -- hot markets for new trends over the next 20 years and these fit the bill and it's very exciting what's going on in our city limits and we've had a lot of fun discovering those -- those hidden assets in our city and seeing how we can be part of their success. Stiffler: Actually, interesting, most of you know who Rick Ritter is with Tech Health and with the state and the -- part of the incubator emerge -- out in Nampa. Josh has spent one day -- is it one day or -- De Weerd: One day a week. Stiffler: Yeah. One day a week. I met with -- and he's over there, because he wants to be in touch with all the businesses that are actually the little enterprises that are going in and out of there. So, with that, the one thing I would like to answer any questions, but I also -- I also would like to give each of the Councilmen one of these. I think that you might find it very interesting -- De Weerd: You can't talk unless you're on the record. Oh, I need to use that one more often with you. Stiffler: Actually, the Department -- the Department of Commerce actually gave me -- I have a part of another briefcase full, because this other conference that I mentioned that's coming up that I'm going to, I got a bunch of them to take with us now, plus it's kind of nice to have. You will find on here when you get a chance to look at it, you will find on here some interesting stories about PKG, about Vengaworks, and about companies -- like I said, it's kind of exciting. We also when we go to follow up with them you can say, hey, this story is in the hands of those people. De Weerd: I think before you hand them out you need to have little stickers made. Stiffler: Okay. Meridian City Council April 28, 2009 Page 14 of 42 De Weerd: Put our sticker on the back. Stiffler: We didn't pay -- I want to tell you we leveraged it. We didn't pay for them, the state did. De Weerd: It's just a sticker. Stiffler: Okay. I'll get the sticker. I would tell you that one of the people came up to the booth -- one of the writers and he took one of these and all of a sudden he pulled it off and I noticed that Keith was saying -- he pulled it off and the guy starts going like this and I said, wait a minute -- as it happens, Julie Howard from the Department of Commerce had bought -- she had a box of Chapstick. So, the guy went like this and I said, no, and I reached in and gave him the Chapstick and he said you guys are prepared. So, with that I will answer any questions. De Weerd: Council, questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Phil, you have been to a couple conferences with national exposure. What's the sense of those national experts as it relates to small business success and the availability of finances for them to move on right now? And are you seeing the small business or any business -- any up tick in interest in the area and is the future looking a little less grim? Stiffler: The answer is, yes, I think it is looking less grim. I'd have to tell you that being at this one I just came from, I said to myself -- I was actually talking to Scott Perrin back on the plane -- when we were coming back on the plane, I said, you know, it's really too bad that some of the sessions they had planned were not more -- there was several sessions that we are talking about, you know, where is that next -- that next -- and I think a little bit with the Mayor went to over in Sun Valley -- where is that next industry, where is that next growth, where is that next thing going to happen. At this conference, because, like I said, the chairman of the SEC was there and everything, there was about half of the conference of the business session were very much about financial accountability, financial responsibility, what the SEC and the regulators were going to do about regulating that. On the flip side they had like three sessions that were more about business successes, the new business kind of era kind of thing . My sense of the groups that were there and the people that we pulled in, our discussion of actually -- and I'm not just saying ours -- the state of Wyoming was right next to us, too. It was very interesting, because how the people really even when we think about it -- I will say sometimes depending upon the news networks, it seemed that Fox news and the Wall Street Journal and Forbes and Fortune were a little more upbeat than maybe the Washington Post and some other newspapers as we do it. But I'd say right now the feedback that I'm getting is sort of like small business is alive and well. There is a Meridian City Council April 28, 2009 Page 15 of 42 concern still -- I'd say the bigger overriding concern is are the banks going to fund them. That's the one, you know, that just is -- just there. You know, it's -- it's kind of like that small business is going no matter if I'm doing really well, are they going to fund me. And I would share that I was sitting at a chamber luncheon here, the chamber economic development luncheon, and there was about 24 of us in the room and there have been all kinds of discussion going on and in the room out of 24 12 of them were bankers and one of our citizens here and one of our businesses stood up and said -- he said, you know what, we have been here for over an hour and a half and I heard Phil talk about this, and I have heard talk -- what I want to know are when are you guys going to start loaning some money so that we can go out and have our business, run our business, grow our business. So, I guess with that, Charlie, I'd say that the main -- the main issue to me is I think they are concerned about having the financial commitment and availability of the funds to make things work. But I would say their attitude and I think one of the things I like -- I think the attitude of our businesses in Meridian are a lot better than they are in a lot of other areas, but I think we all have a responsibility to continue to keep that attitude and that direction. De Weerd: You know, I guess, Mr. Rountree, I would also add one of our local businesses, a very small business in one of our industrial parks, called Ultra Clean, they have a monthly smoke out -- and it's not sitting around smoking, they smoke meat. But it is a networking phenomenon that you just have never seen. It always created of word of mouth. The social networking plays a large part of it, but he gets -- it's a free lunch and you say there is no free -- no such thing as free lunches. But this is a free lunch and it is a super networking opportunity. People come with fists full of business cards and Brandon Wright is the owner and he is Mr. Host and introducing this business to that business and it is truly the most amazing networking experience I have ever had. They have over 300 businesses there during the lunch hour and Brandon is on our planning committee for the Meridian Business Day and he has said that the benefits of -- of this monthly luncheon has impacted his and other businesses in a very positive way and they are just thrilled with the business helping business type of attitude in this community and certainly in the Boise Valley. So, it's hopeful. Rountree: Good. Hoaglun: Madam Mayor, just -- De Weerd: Mr. Hoaglun. Hoaglun: -- a comment. Just wanted to thank Phil for your work and a lot going on and that's exciting, because we are being proactive and I know for our scouts and other young people that are here tonight, you heard a report and it probably didn't make much sense or -- but you just had a glimpse of your future here in this community, because what we are doing is laying the groundwork for jobs as you enter the workforce to have a job and look at a career that you can do it here in Meridian, Idaho, in this valley and that's what's exciting, because, believe it or not, there was a time in this state when if you wanted a good job you were going to have to leave and we don't want that and the Meridian City Council April 28, 2009 Page 16 of 42 Mayor has a vision and the Council has a vision and people like Phil and many others are working hard to -- to make that a reality and, like I said, that may have been just a report and you probably didn't get much out of that, but that is laying the groundwork for you to stay here, live here, and have a great, great life in this community. So, thanks for your work on that, Phil. Appreciate it very much. De Weerd: Thank you, Mr. Hoaglun. Council, I also would invite you -- the senior management team has been working on raising the position accountability description, the pads to the next level to establish a better matrix and timelines. The economic excellence team has refined their pad and put in deadlines and measurable, so I would certainly get you a copy if you would like to see that and see how they are hitting the mark. Thank you, Phil. Stiffler: Thank you. Rountree: Thanks, Phil. C. Planning Department: 1. Update on High Priority Transportation Projects and Potential Partnerships: De Weerd: Okay. Item 6-C is our Planning Department. Caleb. Hood: Thank you, Madam Mayor, Members of the Council. I just wanted to take a few minutes to apprise you of what's been going on in my world the past couple of weeks. Before I go to that, many of you are probably aware that the surface transportation bill is set to expire this September and in Washington there is scuttlebutt that there is a new authorization bill that's in the works. There will probably be several renditions before the final version is drafted and acted on. But Overstar there in DC has sent out a call -- request for high priority projects and we scrambled over the past couple of weeks to identify projects and get the applications together. So, I just, again, wanted to give you an update, make sure I'm going down the right track, maybe get some further direction from the Council. So, last week applications were due to Congressman Simpson's office for these high priority projects. They also are called earmark projects in the highways and transit world. As part of the process for putting those together I worked closely with COMPASS staff, ACHD, ITD staff. The three highway projects that the COMPASS board and subsequently COMPASS's staff compiled and sent onto Simpson's office were an ITS request, which is intelligent transportation systems. So, signal timing and some high tech stuff along specified corridors, State Street, Highway 69 -- can't remember if Ten Mile is one, but there are three or four scientific corridors that were identified there. Their number two priority of COMPASS was Caldwell has an interchange 26 and, then, an ancillary road that ties into that that was also one of the top priorities of the board. And, then, the one that I want to highlight is Linder Road overpass. That moved up to the number three priority. After that action by the COMPASS board I was working with ACHD staff on compiling the application, kind of Meridian City Council April 28, 2009 Page 17 of 42 some back and forth extended the hand and said what can we do to help you out to make sure this goes forward and I think it really helped that we initiated that and we are willing to work with them. I think that partnership went a long ways to that moving up to the top of their list and, eventually, getting on COMPASS's list. But I do want to let you know that the way the application was submitted was a partnership similar to what happened at Locust Grove. So, if this gets picked up and Congressman Simpson picks up that application and it does make it into a bill and is appropriated, the feds will pick 80 percent of the tab. The other 20 percent is a local match portion and what we have worked out -- at least at this point is splitting that 20 percent ten and ten. So, City of Meridian would come up with ten percent and ACHD would come up with ten percent. That project is estimated as a ten million dollar project. That includes right of way acquisition, design, environmental, and construction, the whole deal from beginning to end. So, again, our portion at least today that I have somewhat committed to -- and that's why I'm bringing this up now is, again, to make sure I'm going down the right track and you're all on board with this. It is approximately a million dollars for that project. Back in -- I think the monies were allocated to ACHD in like 2003 or 2004, but the city ended up giving ACHD 1.8 million dollars towards the right of way at Locust Grove. I'm not trying to liken this to that, but it is similar in that it would be a partnership with -- with ACHD. They would be the lead designing this to federal standards. So, that's project number one. The other project that I want to highlight -- De Weerd: Caleb, I would also let you know that Congressman Minnick's office is also interested in getting the information. They will be working with the local jurisdictions and MPO's, TMA's on this particular transportation reallocation. So, we need to get that information to him. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And, Caleb, we committed up to 1.8. We did not use 1.8 on Locust Grove, we only used 1.1 million and it was for right of way. Get that straight. Hood: Thanks for the clarification. Are there any other questions on Linder Road or points on Linder Road before I go to the second project that I wanted to -- De Weerd: No. I'm sure Councilman Zaremba is jumping up and down. Hood: Don't jump up and down yet, it's just on an application list with other projects at this point, but -- Zaremba: I'm excited that it's being talked about in positive ways. Hood: So, the second -- the second project that I worked with ITD more on this application was for the Meridian Road interchange rebuild. That one carries a little bit heftier price tag at about 64.3 millions dollars is what they have estimated -- Meridian City Council April 28, 2009 Page 18 of 42 guesstimated, just based on what's happening with Vista and Ten Mile and kind of how those are penciling out. They see this to be a similar project. Not a lot of right of way costs and it can, essentially, be plopped down in the same footprint that the current interchange is. This one has -- I mentioned the ten percent of both the jurisdictions for Linder Road potentially. This one's a little bit more of a moving target. I have gotten some different answers from different folks at ITD about what a partnership should be on this project. It is right now an ITD project and we are offering support to them and we have done such by drafting a letter and submitting it to ITD. I haven't talked to find out if it was -- actually accompanied their application to Congressman Simpson's office, but we did fully support them in their support of funds to rebuild -- rebuild the Meridian Road interchange. They have alluded to, in various forms, maybe wanting to see some more, rather than just moral support or a written letter of support. Again, I don't -- I don't know what that means. Of course, you know, money would be the first one that jumps out, but no one's able -- no one has said the city better come to the table with X amount of dollars or a certain percentage. I don't even know if that's where they are going necessarily. They have made comments that it sweetens the pot a little bit if we are willing to throw something in. So, at this point I'm not -- I don't want you to necessarily commit to anything, but I just want to let you know that that's hanging out there and as I learn more and if they say, boy, if you don't come up with this amount of money, we are not going to do this or whatever -- I don't know what they are going to do. But I have -- I have tried to contact a couple of staff people at headquarters now. I was working with district three over the past week to get the applications compiled and get them some economic, environmental, connectivity type paragraphs that they can put into safety, that they can put into their application. So, it all moves very fast and that's why I'm just giving you kind of a download of what occurred, see if I can do something different, if you're okay with the direction this is heading, and, then, again, just let you know that I will be back before you if I do hear anything from ITD on wanting a firm commitment on anything regarding the Meridian Road interchange. So, with -- De Weerd: Caleb, is -- would the work that's being done in the phase one of the split corridor or even the intersection improvements and the signalization that has happened over the last several years, would that be seen as a credit because, because those are recent or current improvements that are being made on the local system that would not have to be made as part of this? I don't know if that's a stretch or not. I do know that I talked to a couple of folks during this conference and it looked like, you know, any small way we could help assist and I do think with the local improvements that have been done that lessens the overall impact, as well as in making sure it lands into a system that will accommodate those changes. So, if you can see if any of that qualifies I'm sure they are looking for future not current or past, but whatever it looks like on paper is what counts. Mr. Rountree, do you know if that would be considered an offset? Rountree: Madam Mayor, I don't know that it would be considered an offset, but I think it would certainly be good to give them that information that -- within ITD's right of way, that the locals have made a significant improvement with the local street network and the connection with the interstate interchange, which would have been done with an interchange rebuild in the future. So, at least that portion that would have been Meridian City Council April 28, 2009 Page 19 of 42 wrapped up in that interchange project will be done. And let's hope that they were coordinated somewhat from concept to construction. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would add that not only the split corridor phase one, but we very recently did a major rebuilding of the south side down to Overland and that was designed with the improvement of the interchange in mind as well. So, if -- if there is any horsepower being given to remind them about the split corridor phase one, we should also remind them the preparation that went into the south side. We are working on it. De Weerd: You know, I guess, too, any -- I don't know if they need safety numbers. I know we have come up with regurgitating their numbers back at them on the deficiencies of the overpass and the design with the amount of traffic that it carnes, but if there is any traffic or traffic accident statistics that we can offer -- this is such a safety issue on that interchange that we will continue to hold that mirror in front of them. Hood: Madam Mayor, Members of the Council, I will follow up with the police department. I know for Eagle Road when you were trying to gather some of that information they had some great incident data that seemed to cavy some weight when we were -- we brought that forward. So, I will see what they can come up with for the interchange, too. De Weerd: Okay. Hood: That's all I had, unless there is -- I'm hearing anyone jumping up and down saying don't partner with anybody or -- again, it's not a full commitment right now, but it's where this thing is heading, so -- De Weerd: I guess, Caleb, did you want to talk about Eagle Road? It's -- it's technically not the City of Meridian's application, but I did see in a recent e-mail from you that Congressman Simpson's office said they can't accept it unless it's from ITD or a city or county. Hood: Madam Mayor, Members of the Council, that's, essentially what the e-mail from Missy Small, Congress Simpson's assistant, sent back to Center Cal. Center Cal applied to -- for the same -- same dollars, high priority projects, and there was some question about who the funds would go to if it did get picked up and the answer to that is ITD, being it's ITD's roadway. There is nothing in the application itself that says you have to be a government entity, it says you have to have a supported letter from a government entity, basically, willing to be a partner for you and vouch for you, essentially. It doesn't say that you can't be a private company applying for -- to do this public improvement and do a public-private partnership. So, I'm not quite sure where -- how that's being interpreted at this point, if it's something they just want to steer it Meridian City Council April 28, 2009 Page 20 of 42 towards government agencies. It's not a requirement that I see of any of these projects. It may be just something internally that they want to do, so -- so, jumping back, I did help Center Cal put together an application for Eagle Road construction from 1-84 to Ustick Road doing that -- the widening, medians, landscaping, pedestrian facilities, and we did a support letter for that application and they filled out a cover letter, basically, requesting the earmark funds for that project. I don't know where -- so, some of the back -- and I don't want to get into all this, but, again, our MPO COMPASS has three projects and three projects only to show a unified front that these are the most important projects in our region and they asked us all to play nice in the sand box I think was some of the discussion, but -- so, we didn't lead this, but we kind of steered Center Cal into applying for it if they wanted to invest some time in it and they have. The question, then, would be if it is -- if, in fact, that is how Congressman Simpson's office is going to apply, do we want to scratch out Center Cal's name and put our name as the applicant. My personal opinion is we probably shouldn't do that, but there is a question out there. So, we can talk more about that if you'd like, but that's -- that's where that's at. I would like to see how it plays out a little bit further with them. We could fall back there if we need to, but I don't think it's -- to me it shouldn't be a deal breaker that it's a private company. If they have the money to put up, their money's as good as anybody else's, so -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, did ITD support that application? Hood: Yes and no. The first time I asked Dave Jones he did -- did support that and said he would like to see it built. The second e-mail said with us being part of the MPO we can't technically support the project, because we have agreed to only work on projects that the MPO has said should be out of district three. So, the most recent is no. If they get thrown 80 percent of a 30 million dollar project, I think they will probably work on it, but their answer right now is no. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Question for Caleb, but I might need an assist from Councilman Rountree on this, but I recall reading somewhere that they are able to tap into the sales tax -- if they fund part of the roadway projects, that they will be repaid -- and I cannot remember the name of that -- De Weerd: Stars. Hoaglun: Stars. Thank you. Is that still on the table as far as you're aware? Meridian City Council April 28, 2009 Page 21 of 42 De Weerd: I guess I will -- I'll answer that one. It is to a degree. What the city has been working on is to see -- the Eagle Road improvement was number two on the stimulus request from the MPO and so we were kind of hopeful that we would see it on these appropriations or the HPP. We would like to see if we can take it off of their business pro forma, so we can see the project actually progress. It is -- I heard 30 million dollars. It was 15 million dollars when we first started working on modifying the Star legislation, so that there were some better consistencies in that piece of legislation and it did pass and it was signed into law by Governor Otter this session. They will still explore using Star reimbursement if that is the only option, but we are working with them to see if there are other ways of funding it, other than -- and even their match part, because there is a 20 percent match, they would cover that and hope to use the Star legislation for that reimbursement for the 20 percent. If we are not successful in the HPP, we are looking at EDA opportunities with the stimulus funding as well. Hoaglun: Okay. Thank you. De Weerd: And I would like to thank Caleb for all of his efforts. He has taken look under every rock to another level. So. Thank you. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Before we move on, this -- I have a transportation subject that's not necessarily one of the high priority ones, but at the conference over the weekend I had the opportunity at one point to be sitting with Boise Council Member Mary Ann Jordan and we were lamenting budgets for next year and I expressed my lament that we didn't think Meridian was going to be able to find a way to participate in 2010 on the new bus route that they were suggesting. One of Congressman Wait Minnick's staff was sitting right next to us and he said, well, if you're talking about a new bus route that doesn't exist, I think there is a grant available for that that would cover a couple of years and he fired off an e-mail back to Washington DC immediately and he and Mary Ann got up and went over and talked to Kelly Fairless of Valley Regional Transit and I just wanted to report that -- that I don't know how far that's going to go, but it sounds like it would cover both operations and capital as a start-up grant for Meridian's portion for two years and maybe even some of Boise's portion and I just want to let you know that that may not be a dead issue, that we may be able to have a new bus route like that. De Weerd: Thank you. Hood: Madam Mayor and Councilman Zaremba, will you keep me in the loop on that, please, and maybe I can take that torch and run with it and I'm sure you want to be involved to some extent. Zaremba: I, actually, was hoping to turn it over to you. Meridian City Council April 28, 2009 Page 22 of 42 Hood: Okay. Yeah. Any information you have on that front if you wouldn't mind forwarding the e-mail or contact information, whatever, I would appreciate it. Zaremba: Okay. Thanks. De Weerd: It would be John Foster in Congressman Minnick's office. Zaremba: Yes. That's who it was. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items pulled from the Consent Agenda under Item 7. Item 8: Request for Waiver of Fees of Extension Fees for The Hub by Mike McCabe with LightYear Development: De Weerd: So, we will move to Item No. 8, which is a request for a waiver of fees and I guess, Bruce, you can introduce this item. Freckleton: Certainly. Mr. President, Madam Mayor, Members of the Council, I believe you have in your packet the letter from Mike McCabe, the developer of the HUB project. He's here tonight. I think he would like to make his presentation to you and we can have discussion when he's complete, if that's all right. De Weerd: Okay. Mike. If you will, please, state your name and address for the record. McCabe: Madam Mayor, Members of the Council, Mike McCabe, LightYear Development. 372 South Eagle Road, Suite No. 378, Eagle. De Weerd: Thank you. McCabe: The trick here? You may have seen the letter I submitted. What I'm here for tonight is -- as you may or may not recall, we have been working with MDC on the HUB project for some time and we got our construction plans all approved and submitted back in July of 2008 to the City of Meridian and those plans have been approved for some time and in dealing with ACHD, our hold up is really boiled down to two things now. One is the development and disposition agreement with MDC and our approval with ACHD and ACHD in dealing with them has kind of tied our HUB project to the 2nd Street one way corridor project and we still as we sit here today do not have ACHD's approval, so, therefore, I cannot pull my building permit. So, what I'm here to ask and understandably so, the Building Department has policies and those policies are you pay 500 dollars to extend the permit process for six months. What I'm here to ask you tonight to extend it for one year and ask for your request to waive those fees. It's my understanding we have fees from Building of 500 dollars and Planning and Zoning of the 187 and 173 dollars. I can list some bullet point -- excuse me -- I can list some Meridian City Council April 28, 2009 Page 23 of 42 bullet point issues related to this or I can stand for questions, whatever Council feels is appropriate. De Weerd: Council, questions? Rountree: I have none. De Weerd: Okay. We have no questions. McCabe: Okay. Thank you very much. De Weerd: We understand your delay and I image, Bruce, you have no comment? Freckleton: Actually, Madam Mayor, I do have some comments. De Weerd: Oh. Thank you. Freckleton: You know, I really appreciate Mike developing in downtown Meridian. He's made a -- made a big commitment down there and to our redevelopment efforts. I just wanted to give you a little bit of a background on the extension process and as Mike mentioned, we did do a plan review of his plans. It's ran completely through our process. We have expended, you know, considerable amount of staff time and our contract inspection team has also -- Daunt has expended funds to complete the commercial plan review. So, we have -- we have spent some dollars on this. The 500 dollar fee to extend the application basically covers the employees' time to track and keep current the application. Most importantly what it does is it helps lock in the codes that his plans were reviewed under. Although I don't anticipate that we are going to have any code adoptions in this next year that would affect his plans, by paying the fee he does lock in the current codes. Mike and I have discussed a little bit some options to getting him to move forward. One of those suggestions that I had was to talk with ACHD and try and get them to consent to us going ahead and issuing the permits and, then, them working out the details with 2nd Street and their right of way improvements and prior to occupancy, then, we would collect their impact fees. Maybe Mike could speak to his discussions with ACHD and if he's gotten anywhere with that. I'm -- if not, if he hasn't gotten anywhere with that, I certainly would be willing to advocate on his behalf, if we can. I'd like to -- I'd like to get Mike moving forward if at all possible. The other option is to -- if he let the permits expire -- or the applications expire he has with us and, then, re -apply once he has ACHD's approval and that sort of thing. Basically, his application fee would be 500 dollars then. So, we are looking at 500 now or 500 then. That's, basically, my comments. Maybe if Mike could maybe speak to his discussions with them regarding them getting to -- you know, consenting to issuing the permits. McCabe: Madam Mayor, Members of the Council, I have had some discussions with ACHD and that's kind of where the road block has -- we have encountered. We have met with ACHD on seven different occasions since May of '08 and we have had five Meridian City Council April 28, 2009 Page 24 of 42 different plan submittals since October of '08 and even to this day we still don't have a commitment from them on our fee structure. We did ask about getting the final fee -- impact fees for our project so we could look at either -- as Bruce said waive them until we actually start construction, so we can pull your permit -- but I do need one clarification in my conversation with Daunt. Planning and Zoning's fee extends for a year. Building only extends it for six months and part of what I'm here to ask for is an extension for a year, because with the way ACHD is going I did get the DDA from MDC two days ago, so we are working through that. I expect that to take a little bit more time to get resolved, but we are -- we are making progress. We are still excited about the project and we are excited about downtown Meridian and with that I'll stand for any other questions. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: For either Mike or Bruce. When do the permits expire? McCabe: I think very soon. Like -- Rountree: Yesterday? McCabe: Yeah. Could be. Now. Freckleton: Councilman Rountree, we haven't actually issued permits yet. These are the applications. Per contract with ACHD -- per the agreement that we have with ACHD we can't issue the permits until ACHD has satisfied their process and so that's why we have the snag. Rountree: At what point could you not issue the permit based on work already accomplished? Freckleton: I'm song, I didn't -- Rountree: What's the drop dead date where you couldn't issue a permit? Freckleton: Councilman Rountree, I'm song, I don't have that date with me. I think Mike is correct, though. I think that from the date of his application I think he's getting -- he's probably about there as far as the six months for expiration of the application. Hood: Madam Mayor? De Weerd: Who is talking? Oh. It was like -- it's not God, but -- Meridian City Council April 28, 2009 Page 25 of 42 Hood: Sometimes I think so. No. Councilman Rountree, I maybe can help in this, too, because the Planning Department issued our approval in July and typically after that approval is issued, then, a builder would go to building services and try to pull building permits. So, you're talking July -- they are pretty ready to go, so I'm thinking probably July. It may have been into August, but we issued our permits in July and they would expire this July. Hoaglun: And, Madam Mayor, by the letter I see you're asking that they be extended to a waiver of the fees through May of 2010, so -- Freckleton: That's correct. Hoaglun: So, a little over a year. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: What is it that ACHD is asking to you do that -- why aren't they being able to resolve this? McCabe: That's not a short answer. We -- our initial application we had asked for the HUB to be a separate plan check submittal and in the process it's kind of been tied in with the 2nd Street one way corridor and it's tied in with the license agreement. As you know, the HUB -- we have asked for outdoor cafe seating, which is technically in ACHD right of way. So, want the licensing agreement issue resolved before our permits can be issued, which is technically an MDC issue, not a HUB issue. So, we are all in this partnership together and we are working together to get it done, but it's just not a simple process. Zaremba: Is there anything they are asking that would involve you having to redesign the building or move a wall or anything like that? McCabe: No. Zaremba: Okay. McCabe: Not that I'm aware of. One of the technicalities we are dealing with on 2nd Street and the HUB project is as you come around Broadway into 2nd Street, the design elevation -- because we are making 2nd Street not as wide and widening the sidewalks that change elevation of the curb and gutter, which ties all those designs together. So, on that front I understand their position, but we have addressed that in the plans and we just don't quite have answers yet, if that makes sense. Bird: Madam Mayor? Meridian City Council April 28, 2009 Page 26 of 42 De Weerd: Mr. Bird. Bird: Mike, if ACHD was to give the approval within a week or so, you would be ready, then, to pick up the permits and everything and get going? McCabe: No. Bird: In your estimation how long would it be before you would be ready to -- with this economy ready to break ground? McCabe: It's not -- excuse me. It's not just the economy and the leasing and -- we do have a term letter from a lender that we are satisfied with. It does have a 50 percent pre -lease requirement and we are at 25 percent as we stand here today. The other issue that comes into play is the DDA and that has to get done and there is a process for that and that's probably about 60 to 90 days out with the process involved. So, best case scenario we could start this fall. If I can't get started by September 1, 1 probably would hold until spring, so we don't incur winter construction costs. With the present economy we don't -- we just can't afford to spend more money on the project than we already have allocated. So, that's why I'm asking for the extension this spring, because, honestly, the reality -- I'm forever the optimist and would like to start this year, but the reality is I think it's going to be spring of 2010. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Same question to Bruce. Could the building permit be issued in a week? Freckleton: Councilman Rountree, we could issue the permit tomorrow. It's literally sitting there waiting for ACHD's confirmation. Rountree: That's the only piece you need? Freckleton: I'm song? Rountree: That's the only piece you need? Freckleton: Yes. Rountree: Okay. Thank you. De Weerd: Thank you, Mike. McCabe: Thank you. De Weerd: Okay. Council? Meridian City Council April 28, 2009 Page 27 of 42 Rountree: Madam Mayor, just for discussion and maybe some directions from our legal counsel, but in my opinion, given the recent news about how well we are thought of by ACHD, I would certainly move, if it was in order and something we could do, to direct the Building Department to issue the building permit and let the ACHD issue resolve itself as it resolves itself. They certainly have had sufficient time to do deal with it. Nary: Madam Mayor, Members of the Council, Council Member Rountree, I guess -- I'm trying to recall, Bruce, when you were talking about that -- the agreement that we have with them, is that a written agreement or is that just an understanding? Because I can't recall. Freckleton: Mr. Nary, it was -- it was an actual written agreement that was executed in '92. 1 think there was an amendment done '94, a couple years later. But it is -- it is a written agreement. So, without reviewing the agreement Council Member Rountree, I can't advise you to simply ignore it, if we have an understanding and an agreement with the highway district, at least without doing a little more research. Certainly is a shot across the bow, but I'm not sure that that's something we can do without me looking at the -- De Weerd: Mr. Nary, I -- we did forward that agreement to you for your review, what, about two or three weeks ago. I guess we can -- Nary: I don't recall that. I'm sorry. De Weerd: Okay. If you can resend that, Bruce, it would be good. We would like to see if, indeed, as Councilman Rountree has suggested, we have had -- over the last several weeks a handful of examples where building permits have been held up for ACHD approval, especially in TI and tenant improvements. City of Boise is doing some different things and have seemed to been able to avoid the bottleneck, so we would like to see what we can do. Mr. McCabe, did you have a comment? McCabe: Yes. Madam Mayor and Members of the Council, I may -- Bruce, you could help me clarify. I think, if I'm hearing you right, say we pulled the permit tomorrow and I'm unable to start until spring of 2010, if I have no activity on that building permit for six months, aren't we back to the same problem we are at today? Wouldn't it expire in six months after you pull it? Freckleton: It does. McCabe: That doesn't a hundred percent solve my problem. Rountree: So, what you're telling me is there is more to your problem than ACHD. McCabe: Yes. City of Meridian building permit would expire in six months. You're correct. Meridian City Council April 28, 2009 Page 28 of 42 Rountree: All right. McCabe: Yes. Hoaglun: Madam Mayor, a question for Bruce, then. If he comes back in six months on a building permit and activity hasn't started and requests an extension, what -- is that 500 dollars again? Freckleton: Yes. Hoaglun: Is that what you said earlier? Freckleton: Yeah. It is. It's a pretty automatic thing. I mean there is no reason we wouldn't extend it. But there is a re-application fee. De Weerd: Any further questions? Bird: I have none. Rountree: I have none. I think I have heard the whole story. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Just to express an opinion, I agree with Councilman Rountree it would be nice if we could just go ahead and issue the permit and get it started. I'm thrilled that you're looking at doing this project in our downtown area and whatever we can do to make it smoother is best and I guess it sounds like what you're actually applying for, which is an extension with a waiver of the fees, is probably as close as we can get to helping right now. It sounds like most of the other things we could do aren't going to work, so that's one person's opinion. I'd be in favor of approving the request. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: With the whole story out here, I guess I'm hesitant to approve the request for a waiver. It sounds like the project's not ready -- won't be ready for multiple reasons, not just ACHD's lack of action. I think it would establish a precedent, you know, we would not see the end of. Don't forget that our Building Department and our Planning Department rely on fees to operate and in these times it's tough for them and we are looking at some possible tough decisions both places. So, I wouldn't be in favor of waiving the fees for the extension. Meridian City Council April 28, 2009 Page 29 of 42 Hoaglun: Madam Mayor, I guess I have a question for Mike to -- if building permits are issued now, that gives you six months and even if no activity takes place and you have to come in in six months, is that a better option to have that because economic conditions might change in six months? I guess I'm asking you to look in your crystal ball to see if that's -- if that's a better time, then, to have to pay fees. I don't know. McCabe: Not sure I could answer the question today. I think a lot of it depends on how this plays out with ACHD. We have a neighborhood meeting here tomorrow about the 2nd Street corridor and, you know, all that could again continue to be a slow down in the process and I just don't know yet. De Weerd: So, that might be the option is issue the building permit and revisit this in six months if need be. Hoaglun: That's my thought on this, Madam Mayor. Rountree: I'm comfortable with that. That's -- and maybe the motion would also include that we explore the Building Department and legal counsel explore the agreement with ACHD and see if we can't get that streamlined, so we get the problem resolved, as well as Mike's issue. Hoaglun: Question for, Mayor, legal counsel. Do we need a motion to issue the building permits or is that something that just -- it's in the process now ready to go. Well, they do not have ACHD's, that's the one piece missing, so we would have to make a motion to issue the building permits without that ACHD information component? Freckleton: Yes. Hoaglun: Thank you. De Weerd: Okay. Anything further from Council? Rountree: i have nothing. De Weerd: Do I have a motion for direction? Rountree: Madam Mayor, I move that we direct the Building Department, upon receipt of all the information, with the exception of ACHD's approval, to issue a building permit to the applicant and that the issue of extension of fees, if needed, be brought back in six months. Also directing staff to work with ACHD to resolve the apparent issues with the agreement we have with them. It seems if it's some 15, 16, 17 years old, it's time for a re -look. Hoaglun: I'll second that. Meridian City Council April 28, 2009 Page 30 of 42 De Weerd: Okay. I have a motion and a second. Any discussion? Hearing none, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. Thanks. MOTION CARRIED: ALL AYES. McCabe: Thank you very much. Item 9: Tabled from March 24, 2009: FP 08-018 Request for Final Plat approval for 5 commercial building lots and 2 common lots on 19.18 acres in a C -G zoning district for Pinebridge Subdivision No. 1 by Stanley Consultants, Inc. —1830 East Pine Avenue: De Weerd: Okay. Item 9 was requested to withdraw. I do need a motion to accept the withdrawal of this item. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we accept the applicant's withdrawal of FP 08-018. Rountree: Second. De Weerd: I have a motion and a second to accept the withdrawal of this application. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from April 14, 2009: TE 09-012 Request for approval of an 18 month Time Extension to obtain the City Engineer's signature on the Final Plat for the second phase of Zebulon Heights Subdivision No. 2 by Engineering Solutions, LLP — south side of East McMillan Road, west of North Eagle Road: De Weerd: Okay. Item 10 is a continued public hearing from April 14th on TE 09-012. 1 will ask for staff comments at this time. Watters: Madam Mayor, Members of the Council, the next application before you is a request for an 18 month time extension to obtain the city engineer's signature on the final plat for the second phase of the Zebulon Heights Subdivision No. 2 preliminary plat. The subject property is located on the south side of East McMillan Road, west of North Eagle Road, as you can see there on the vicinity map. This property was Meridian City Council April 28, 2009 Page 31 of 42 annexed and preliminary platted and a planned development was approved in 2005 under the old city code. The first phase of the preliminary plat has been recorded. The second phase has not yet been submitted. The applicant has delayed the design of the second phase due to the current economic slow down. For this reason the applicant is unable to meet the UDC time requirements. Written letter of testimony was received from the applicant in response to the staff report. Outstanding issues for the Council -- because of the preliminary plat for this development was approved in 2005 under the old code, the applicant does not feel the current open space requirements of ten percent versus five percent of the site should be imposed. Staff is recommending approval of the project with the condition that the applicant comply with current UDC open space requirements for the remainder of the subdivision and that's based on Council direction in the past on these time extensions. Staff will stand for any questions the Council may have at this time. De Weerd: Okay. Council any questions? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Isn't 18 months an atypical time? It's usually a year? Watters: Excuse me, Councilman Rountree? Rountree: Extension -- time extension has typically been a year or is 18 months common? Watters: Eighteen months is what the UDC allows for. Rountree: Okay. And is this the first extension request? Watters: Just one second. I believe they received an administrative time extension on the -- yes, they did. That was for the first -- to record the first final plat and they have done that. So, this next extension is required to go before the Council. Rountree: Okay. Thank you. De Weerd: Okay. Any other questions? Would the applicant like to make comment? I think last time we were here my back was bad and now I have a cold. I'm not always sick. McKay: Okay. For the record. De Weerd: For the record. If you will, please, state your name and address. Meridian City Council April 28, 2009 Page 32 of 42 McKay: Becky McKay. Engineering Solutions, 1029 North Rosario, Meridian. I'm representing the applicant with this time extension application. I will be brief, because I know you guys are running later than you should be usually with so few items. Rountree: Oh, this is early. De Weerd: Yeah. McKay: To answer Councilman Rountree's question, we did submit for an administrative time extension on this particular project. The reason that time extension was submitted was our project was approved in April of 2005 and our project was contingent on getting to the Meridian sewer trunk line, which was in the middle of Settlers Bridge Subdivision and one of our conditions by the Council was that we would sit patiently and wait for that sewer trunk to come to us and we did finally work out an easement with Mr. Yorgason and some type of fiscal arrangement and we did get access to the sewer. But that was the reason that the first time extension was necessary. We built phrase -- the first phrase of this project was done in Boise city, because my client's property split by the Meridian and Boise city area of city impact, so phase one was Boise city, phrase two was a preliminary plat that Meridian approved and we did build our phase two I think two years ago and right now they are slowly going through the lots. These are large lots. They average I think 10,000, 11,000 square feet and so they are moving through them as quickly as possible based on the current market conditions. When we submitted this time extension we also submitted calculations on our open space. I gave a detailed letter delineating all of our open space categories and so forth. One of the things I'd like to address with the Council is the imposition on projects of this ten percent requirement. When these projects were approved four years ago they were approved under the old ordinance, they were approved with a different definition of what constitutes open space and now as we come in for time extensions we are being told that based on the direction of the Council, that anything that -- regardless of what they are, are imposed on these projects that can be four years old and we have built phases of them. We have some phases on other projects that are already designed. I'd like to make the Council understand that the impact on these projects is significant. Now, obviously, with this particular project we are fortunate that we can meet that ten percent requirement, but I still think it's on the principle of the thing, the reasonable application of these new standards I think should be the goal, not the blind application of these standards. Our industry -- the development industry, the building industry, we have been battered, we have been bruised, we are doing everything we can to keep these projects alive, to make sure that these projects are in good condition and maintained in the phases that we have already constructed and I guess what I ask the Council is to just think about the impact when -- when you impose new standards. To me that makes the entitlement process almost worthless, because you're not entitled to anything, because some of the impacts on projects are significant -- significant that I talked to some of the other planners, they have just allowed the projects to die based on their client's decision that I can't -- I can't lose lots or I can't add additional open space, I'm already into this so deep, et cetera, et cetera. So, I would ask the Council to think about the application of these and I think Meridian City Council April 28, 2009 Page 33 of 42 they should look at each individual case and see how projects are impacted. I guess I'd like the Council to have a little compassion in these troubling times that none of us have faced -- at least I haven't in my lifetime. Do you have any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Before I have any questions I'd like to make a comment or two. We, too, are battered and abused, as is our staff. We as a Council made the conscious decision that staff would not be making these decisions and per your comment that we have compassion, we can only have compassion if they are brought before us. The people who choose to hear what staff says and fold up their tent, that's their choice. They have not brought them to Council. I think we do have compassion. So, I appreciate your enthusiasm and your comments, but this is one councilman that does not appreciate them particularly. You made a comment that you could provide the ten percent. Do you have any illustration that shows what is already included per the old ordinance requirements and what the difference might be? McKay: Madam Mayor, Council Member Rountree, we submitted a drawing where we color coded our open space. We had our site data all categorized and laid out for the staff to try to make -- Rountree: So, the question was to staff -- McKay: -- try to make it as easy as possible to try to -- you know, for them to make those comparisons. And I guess I want to go on the record -- you know, I'm not trying to be argumentative, I'm not taking punches at the staff, I'm just asking that -- that they look at these projects individually. And you're absolutely right, the projects where they just folded up their ten and haven't came before the Council and made their argument or their plea, you're absolutely right. But I just want -- I want the Council to be aware that this is happening, because I care about what's going on out in that industry. Rountree: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I do appreciate your comments, but the reason that that is in the ordinance -- well, let me start back a little farther. You wouldn't run into that if you weren't needing a time extension, you would be able to build the project on time with the original rules. What was considered when the new ordinance was being written about time extensions -- what began it, of course, is what if there is a change in the safety issues, if the fire code is changed or the police have discovered some new thing that they need to -- we definitely need to get those in. If a project goes on and on and isn't completed, we do Meridian City Council April 28, 2009 Page 34 of 42 need to have the new safety things. We also did apply that to things like open space and landscaping and street structures and everything else and I think it's right that we be open minded to consider each one individually, but the reason for that being in there in the first place is if you did it in your original time frame none of this would happen and possibly codes have changed. So, we do need to have the ability to require the new codes to be enforced. On a thing like open space I'm willing to consider that. McKay: And, Madam Mayor, Councilman Zaremba, as far as safety standards and things like that, I absolutely agree one hundred percent. It's things that significantly impact the project and in some cases the viability of the project that I'm concerned about. Hoaglun: Madam Mayor, question for Becky. I think I read -- I'm reading here that you originally -- the open space you originally provided was exceeding the five percent -- McKay: Yes. Hoaglun: -- it was around 8.37 percent. So, in your particular project you can make that ten percent work, it's just someone else coming along later may have met the five percent and we as a Council know firsthand what's happened to the price of land. They may not in their situation, is what -- the point you're trying to get across and what I understand. McKay: Yes, sir. Yes, sir. In this instance, like I said, we are fortunate that we had access to open space, you know, we meet the amenity requirements, but I just -- I'm getting concerned about, you know, some of these other projects and -- and I just wanted, you know, Council to be aware of what's going on, that projects are being abandoned because of the imposition of some of these standards. Hoaglun: Point taken. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If I could get Sonya to stabilize the view finder up there so we can see what -- Watters: It's not cooperating with me. Rountree: -- Becky submitted an explanation of it. Watters: These are -- this is the current layout that they are proposing with the open space that meets the current code requirements. This other one I am having a hard time getting up. It's coming up in a different format for some reason. So, I can show them one at a time if you would like. This is the current -- Meridian City Council April 28, 2009 Page 35 of 42 Rountree: Well, bouncing back and forth doesn't help me a lot, so give me one at a time and explain it. Watters: So, this is what's currently proposed and this is what was approved with the preliminary plat. Rountree: What are the designators? The print is too small to read. Watters: I'll have Becky respond to that. McKay: As far as the color coding, is that -- Rountree: Yes. McKay: The different categories? We have like the open space lots which you see in green. Micro paths that interconnect the multi -use pathway along the Settlers Canal there. We also have the -- I think the multi -use pathway is in blue. That's adjacent to the canal. And, then, we also have some street collector buffers that we delineated. And, then, all of our -- for a majority of our sidewalks are detached walks, so we also have the eight foot landscaping along the local streets. So, we far exceed the ten percent requirement. Hoaglun: Question for Becky. Is that setback on the sidewalk, is that on all streets or just the main -- some of the main streets? McKay: As far as the eight foot landscape? Hoaglun: Right. McKay: The eight foot landscape is on all the local streets. So, from -- from the back of curb to face of walk you have got that nice eight foot parkway through there. Gives it a soft look. Rountree: Now that was in the original proposal? McKay: The original proposal we had attached walks. That was added before the design of the first phase. So, we increased our open space between what we showed on the preliminary. De Weerd: Okay. Any other questions from Council? Hoaglun: A quick question for Becky and it's kind of unrelated to this, but if you were coming in with a new project, is that ten percent a good thing? Does it enhance projects from your perspective? Meridian City Council April 28, 2009 Page 36 of 42 McKay: The ten percent in the larger projects I am very supportive. Some of the smaller projects we do struggle to get that -- you know, make that ten percent work and not all areas are eligible to be counted as your usable open space due to storm drainage facilities or just configuration of that open space. Ten -- I wouldn't go any higher than ten I guess. Hoaglun: I'm putting you on the spot, but I just wanted you to comment. McKay: But, yeah, I mean is that a good thing? Hoaglun: I mean you have done a lot of projects and -- McKay: I think -- I think ten -- ten is reasonable for these new projects. It's the older ones that we are struggling on. Hoaglun: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Is the detached sidewalk compassionate enough for you? McKay: Pardon? Rountree: Just requiring the detached sidewalks, is that compassionate enough for you? McKay: Requiring them? Rountree: Yeah. As you submitted in -- McKay: I have one -- one area I can't do detached walks when I got to cross the -- Rountree: As you have submitted it. McKay: Okay. Yes. Rountree: Okay. McKay: As submitted. Rountree: Thank you. De Weerd: He just wants to feel compassionate tonight. Meridian City Council April 28, 2009 Page 37 of 42 McKay: Oh. Bird: Madam Mayor? De Weerd: Any other questions? Yes, Mr. Bird. Bird: In Becky's defense, in answer to Councilman Hoaglun, I think you will find that the projects Becky's brought through she has more than tried to get open space, regardless of the size of it, and I think if we look back 90, 95 percent of her plans exceed our open space requirements. So, she has -- and she's always tried to help us get extras out of her clients, so -- and I have appreciated that. McKay: Thank you. Hoaglun: Yes. Madam Mayor and Councilman Bird, I'm well aware of her projects and they do incorporate -- in fact, live in the middle of one and -- McKay: Oh, good. I like to hear that. Hoaglun: -- and that's why I was interested in her opinion on that, how that -- how that works, because it is an amenity, but how far do we go with that and how does it impact the smaller projects. Appreciate your perspective on that. McKay: Thank you. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on this application? Okay. Hearing none, Council, any further questions for the applicant or staff? Okay. I would accept a motion to close this public hearing. Bird: So moved. Rountree: Second. De Weerd: Okay. I have a motion and second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion on this Item No. 10? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council April 28, 2009 Page 38 of 42 Rountree: I move that we approve the time requested for Item No. 10 -- time extension request for Item No. 10 and that the applicant incorporate into final plat the detached sidewalks as they have illustrated in their submittal to the City of Meridian. Bird: Second. De Weerd: I have a motion and second to approve Item 10. Any discussion? Rountree: Madam Mayor, maybe for clarification that that doesn't include additional open space, just the detached sidewalk. Bird: That's right. Second agrees. De Weerd: Okay. As depicted in the -- in the submittal in front of you. Correct? Rountree: Yes. De Weerd: Because there is extra green along the canal as well, so -- Watters: Just for clarification -- excuse me, Madam Mayor. Councilman Rountree, your motion is to approve the site plan on the right-hand side. In addition you want the detached sidewalks provided; is that correct? I believe Becky's showing additional open space on plan on the left and you're approving this without that additional open space; is that correct? Rountree: Correct. Watters: Okay. Thank you. De Weerd: Okay. Any further discussion? Okay. Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Continued Public Hearing from April 14, 2009: AZ 08-015 Request for Annexation and Zoning consisting of 15.05 acres from Ada County RUT to C -G (General Retail and Service Commercial) and I -L (Light Industrial) zones for Fignut by Ronald Van Auker — west side of South Locust Grove, north of East Overland Road and south of 1-84: Item 12: Continued Public Hearing from April 14, 2009: RZ 08-009 Request for Rezone of 1.69 acres from C -G (General Retail and Service Commercial) Meridian City Council April 28, 2009 Page 39 of 42 to I -L (Light Industrial) zone for Fianut by Ronald Van Auker — west side of South Locust Grove, north of East Overland Road and south of 1-84: Item 13: Continued Public Hearing from April 14, 2009: PP 08-012 Request for Preliminary Plat approval consisting of 6 non-residential building lots and 1 other lot in a proposed C -G and I -L zoning districts for FiAnut by Ronald Van Auker — west side of South Locust Grove, north of East Overland Road and south of 1-84: De Weerd: Item 11, 12 and 13 have been requested to continue. We have in the agenda that we set, we set the date as May 26th, as the 19th is a workshop. Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we continue Items 11, 12 and 13 to our regularly scheduled meeting of May 26th. Rountree: Second. De Weerd: I have a motion and a second to continue 11, 12 and 13 to May 26th, 2009. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 14: Ordinance No. 09-1400 RZ 08-004 Request for Rezone of 93.64 acres from L -O (Limited Office) and R-4 (Medium Low -Density Residential) to C -G (General Retail and Service Commercial) (25.10 acres), L -O (Limited Office) (10.70 acres), C -C (Community Business) (37.84 acres) and R-15 (Medium -High Density Residential) (20 acres) zones for Volterra Mixed Use by Primeland Development Company, LLP — west of North Ten Mile Road and north of West McMillan Road: Item 15: Ordinance No. 09-1401 : AZ 08-012 Request for Annexation and Zoning of 5.03 acres of land from RUT in Ada County to an R-4 zone for Shays Cove by Landmark Engineering & Planning, Inc. — 3155 South Mesa Way: Item 16: Ordinance No. 09-1404 : Reimbursement Code (2"d and 3rd Reading): De Weerd: Item 14 is ordinance 09-1400 and Item 15 is -- do you want to do these separate? And Item 15 is 09-1401. 1 will ask -- and 16, 09-1404. 1 will ask the City Clerk to, please, read these by title only. Meridian City Council April 28, 2009 Page 40 of 42 Holman: Madam Mayor, my mistake on the numbering of the ordinances. I'm punishing myself because the title is huge. City of Meridian Ordinance No. 09-1400, an Ordinance RZ 08-004, Voltera Mixed Use, for annexation of a tract of land as described in special warranty deed, instrument number 106099040, records of Ada County, Idaho, together with a portion of a tract of land as described in special warranty deed instrument number 106099041, records of Ada County, Idaho, together with a portion of a tract of land as described in special warranty deed instrument number 106041249, records of Ada County, Idaho, together with a portion of the right of way of West McMillan Road and North Ten Mile Road, situated in the southeast quarter of Section 27, Township 4 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 L -O, Limited Office District, and R-4, Medium Low Density Residential District, to C -G, General Retail and Service Commercial District, L -O, Limited Office District, C -C, Community Business District, and R-15, Medium High 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. Holman: City of Meridian Ordinance No. 09-1401, an Ordinance AZ 08-012, Shays Cove, for annexation of a parcel of land being a portion of Lots 1 and 2 of Block 2 of Kachina Estates on file in Book 34, page 36, in the office of the recorder, Ada County, situated in the southwest one quarter of the southeast one quarter of Section 19, Township 3 north, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to R-4, Low 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. Holman: One more. Bird: Madam Mayor? De Weerd: Yes. Bird: This next one is just a reading, so why don't we -- with your permission, I'd like to make a motion to approve these two and move it on. The next one is just a second reading and we are going to have a third reading. Would that be okay? Meridian City Council April 28, 2009 Page 41 of 42 Nary: Fine. De Weerd: Uh-huh. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 09-1400 and 09-1401, with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Items 14 and 15. If there is no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 16. Holman: City of Meridian Ordinance No. 09-1404, second reading. An ordinance of the City of Meridian repealing Title 9, Chapter 1, Section 13, and Title 9, Chapter 4, Section 19, of the Meridian City Code relating cooperative and/or reimbursement agreements, enacting a new section, Title 8, Chapter 6, Section 2, relating to reimbursement agreements for infrastructure enhancements and providing an effective date. De Weerd: Okay. You have heard this read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, we will go ahead and schedule this next week for the third reading. Item 17: Executive Session per Idaho State Code 67-2345(1)(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): De Weerd: Item 17 is an Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). Hoaglun: Second. Meridian City Council April 28, 2009 Page 42 of 42 De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Rountree: Move to come out of Executive Session. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Move to adjourn. Hoaglun: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:50 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR A MY De WEERD ATTEST: JAYCEE .S 1,2(o / DATE APPROVED ` Orr rF o OLMAN, CITE' C ERKSEAL 9 QOM �Tp9 • April 24, 2009 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of April 14, 2009 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: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. �J April 24, 2009 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT James L. Jewett ITEM NO. S -B REQUEST Findings for Approval — Request for Annexation and Zoning of 36.27 acres of land from RUT to the M -E zoning district in the city for Southddge 31 — northeast comer of Overland Road and Ten Mile Road 0 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See alfached Findings Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 . Page 1 of 1 Tara Green From: Sonya Watters Sent: Wednesday, April 22, 2009 10:19 AM To: Tara Green; Machelle Hill; Nancy Radford; Jaycee Holman Cc: Peter Friedman; Van Elg; jimj@mail.jljenterprisesinc.com; Reed Hollinshead Subject: Southridge 31 AZ Findings for 4/28 CC Mtg Follow Up Flag: Follow up Flag Status: Green Attachments: Southridge 31 ffcl1.doc; Southridge 31 AZ ffcl2.doc Attached are the Finding of Facts and Conclusions of Law for the Southridge 31 Annexation application (AZ -08-016). These documents are scheduled to be on the City Council consent agenda for April 28, 2009. Please call or e-mail with any questions. Thank you, .sonda Watters Associate City Planner City of Meridian - Planning Department 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 208.884.5533 ph. / 208.888.6854 fax 4/24/2009 • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER �E IDR IAN;=,- �J In the Matter of Annexation and Zoning of 36.27 Acres of Land with an M -E Zoning District, by James Jewett. Case No(s). AZ -08-016 For the City Council Hearing Date of. April 7, 2009 (Findings on the April 28, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 7, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 7, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 7, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 7, 2009, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-016 -1- 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the Development Agreement provisions in the attached Staff Report for the hearing date of April 7, 2009, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation and Zoning as evidenced by having submitted the legal description and exhibit map stamped and dated December 12, 2008 by Hugh W. Edwards, PLS, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of April 7, 2009, incorporated by reference. D. Attached: Staff Report for the hearing date of April 7, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-016 -2- 0 By action of the City Council at its regular meeting held on the 2(p day of 2009. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) \'`\e sof„ Mar ' Attest: _ BEAL = r ,s1 Pio ayceeMohnan, City Clerk VOTED VOTED VOTED__�� VOTED VOTED de Weerd Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: J h� r�� 9-�J Dated: 4-2-q-09 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-016 -3- 0 STAFF REPORT Hearing Date: April 7, 2009 /01 TO: Mayor & City Council IDIAN��516%-- FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: AZ -08-016 — Southridge 31 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, James Jewett, has applied for Annexation and Zoning (AZ) approval of 36.27 acres of land from the RUT zoning district in Ada County to the M -E (Mixed Employment) zoning district in the City. H. SUMIN[ARY RECOMMENDATION Staff is recommending approval of the proposed annexation with the Development Agreement provisions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. request. a. Summary of Commission Public Hearing: L In favor: Van Elg (applicant's representative) ii. In opposition: Georgia Chapin; Jovice Baker; Steve Prisbus• Leo Puga• Jana Pun: Tom Christensen; Earl Marks; Curtis Elton; Susan Stone W. Commenting: Jesse Rosin (Knife River) iv. Written testimony: Joyce Baker; Melvin Baker; a letter & petition signed by a total of 45 neighbors; response to the staff report from the applicant v. Staff presenting application: Sonya Watters A. Other staff commenting on application: Pete Friedman b. Key Issue(s) of Discussion by Commission: L The legal status of the current operation of a batch plant in unincorporated Ada County; construction activities related to the widening of I-84 on the site; hours of operation of the batch plant; term of operation; method of dust control-, and traffic control at the Ten Mile/Overland intersection. ii. Whether or not it's in the best interest of the City to allow the batch plant and construction activities to continue to operate on the site if it is annexed c. Key Commission Change(s) to Staff Recommendation: L Add a DA provision for the contractor to provide flaggers at the Ten Mile/Overland intersection during peak hours to ensure smooth traffic flow for both residential and construction equipment (see DA provision #g); ii. Add a DA provision for the contractor to alleviate dust issues from the construction activities on the site by watering the area (see DA provision #h)• W. Modify DA provision #f per Staffs recommendation, to remove the "concrete batch Plant" terminology and just leave it at "construction activities" related to the widening of I-84 and construction of the Ten Mile interchange. Soudiridge 31 AZ -08-016 PAGE 1 0 • d. Outstanding Issue(s) for City Council: L Determine what the "peak hours" are that the contractor is required to provide Planers at the Ten Mile/Overland intersection. _ 1.' V.'_r.1 : I _, 1, 1! I A I' !! i 1 11 1 A l l 1 1 ♦ A' _ , 71;;1 1WTT =1, ! 1 I A11.. KA. 1 I : A. / A '.UM -191 I' I• _ II:/1'INTIM. Y I I 1 1 1 11 1 � 1 ♦/ I 1 1 I_I. 1_ 1 : 1 1 1 I I' 1: 1 � 1, I II I I 1 M 1 FrirWTT I • 1 1 01jr7r, 1. 1 11/1' I I• I \/ 1MriV 7n= 1 r.1 1 I i i r. 7, 11. 1 1 1117V 1 11 1' A r. r r. 111 1 1 1 1 e l1 I' r' I 11, RI TIFTW5 1 I I' 1 1 ' _U. ! _ 1 / 1 I 1, I. 1 ....'. 1. 11 : I r, .. I I I 1 _ ! •/. 1 I :171I 11 II' •1 0 I I U 7111 F, 1 1 lm ro-nITIN 171 711111tino l III 0B 1. r111 ' I my-Torm, : ' 1: t :! II I A A11 • 1. / I I I I I tib... A. 1 _ I I. ! ' : = ! , 1 !: ! . : , ! I /... 1 Wt;o[!IItqII(W1 M. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ -08- 016, as presented in the staff report for the hearing date of April 7, 2009 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ -08-016, as presented during the hearing on April 7, 2009, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Soufluidge 31 AZ -08-016 PAGE 2 ! 9 Continuance I move to continue File Numbers AZ -08-016 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the northeast corner of W. Overland Road and S. Ten Mile Road, in the southwest % of Section 14, Township 3 North, Range 1 West. Parcel Numbers: S1214336100; 51214336350; 51214336340; S1214336400; and S1214336450 B. Owner(s): James L. Jewett & ECK Family Limited Partnership, etal 1520 S. Ten Mile Road Meridian, ID 83642 C. Applicant: James L. Jewett 1560 Carol Street Meridian, ID 83642 D. Representative: Van Elg, The Land Group, Inc. (208-939-4041) E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for an annexation. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 2, and 16, 2009 (Commission); March 16, and 30, 2009 (City Council) C. Radius notices mailed to properties within 300 feet on: January 30, 2009 (Commission); March 12, 2009 (City Council) D. Applicant posted notice on site by: February 10, 2009 (Commission); March 27, 2009 (City Council VI. LAND USE A. Existing Land Use(s): A concrete batch plant associated with the I-84 construction project currently exists on the site. There are several existing structures that will be removed upon development of the site. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by residential/agricultural properties and borders I-84, Ten Mile Road, and Overland Road. 1. North: Interstate 84; rural residential/agricultural property, zoned RUT in Ada County 2. East: Residential/agricultural property, zoned RUT in Ada County 3. South: Overland Road; existing residential property, zoned RUT in Ada County; and approved but not yet constructed residential uses in Southridge Subdivision, zoned R-8 and Southridge 31 AZ -08-016 PAGE 3 0 • TN -R 4. West: Residential properties in Cheviot Hills Estates Subdivision, zoned Rl (in Ada County) C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: W. Overland Road b. Location of water: Water will be constructed by JLJ with the W. Overland Road realignment. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There is a canal/ditch on this site that runs east/west from Ten Mile Road midway across the property. 2. Hazards: Staff is not aware of any hazards that exist on this property. F. Access: The conceptual development plan submitted with this application identifies a public street access (W. Tasa Drive) to Ten Mile Road and another (Market Square Way) to the re- aligned W. Overland Road. Another public street, W. Old Market Court, is proposed with future development to be extended midway along the southern boundary of the site from Market Square Way and terminate in a cul-de-sac. See Analysis, Section 10, below for Staff's analysis of the proposed access to the site. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This site is designated as "Mixed Employment" on the Ten Mile Interchange Specific Area Plan Future Land Use Map. Per the Specific Area Plan (page 3-11), "The purpose of the Mixed Employment areas is to encourage a diversity of compatible land uses that may include a mixture of office, research and specialized employment areas, light industrial including manufacturing and assembly, and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community. However, a small amount of retail and service establishments, primarily serving employees and users of the Mixed Employment areas or nearby industrial areas, are allowed. Such retail would be the exception and not the rule. Buildings in this category are anticipated to range in height from 1-4 stories, have total floor areas of 10,000-1,000,000 square feet, and floor to area ratios (FAR) will exceed 0.75." Future development will be required to be consistent with the stated purpose, intent, and standards of the Mixed Employment land use category within the Ten Mile Specific Area Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the development of this property (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: ➢ Sanitary sewer and water service will be extended to the project at the developer's expense. ➢ The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Southridge 31 AZ -08-016 PAGE 4 ➢ The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter V, Goal III, Objective D, Action 5 —Require all commercial and industrial businesses to install and maintain landscaping. Street buffer landscaping and internal parking lot landscaping will be required with future development of this site. All landscaping shall be installed and maintained on the site in accordance with the standards listed in UDC 11-3B or the standards in effect at the time of development. • Chapter V, Goal III, Objective B, Action 8 -- Require all developments adjacent to designated entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on the site adjacent to the roadway. Upon development of this site, the developer will be required to construct landscape buffers along Ten Mile Road and Overland Road both entryway corridors into the City, and along 1-84, in accordance with the street buffer standards listed in UDC 11 -3B -7C or the standards in effect at the time of development. • Chapter VII, Goal IV, Objective D, Action 2 — Restrict curb cuts and access points on collectors and arterial streets. While there is no development proposed at this time, future development will provide one access toffrom this site to/from Ten Mile Road via W. Tasa Drive, a proposed public street and to/from the newly aligned Overland Road via Market Square Way, a proposed public street. No other access points are proposed or approved to4%m this site via Ten Mile Road or Overland Road. • Chapter VI, Goal II, Objective A, Action 12 (page 85) — Develop methods, such as cross -access agreements, frontage roads, to reduce the number of existing access points onto arterial streets. With the redevelopment of this site, the applicant is proposing to provide a public stub street (W. Tasa Drive) to the property to the east for future interconnectivity, which should assist in reducing the number of access points onto Overland Road, an arterial street. • Chapter VII, Goal I — Ensure a variety and balance of land uses to support the Meridian Impact Area. Staff believes that the type and mix of commercial/industrial uses (i.e. corporate & business offices; research facilities & laboratories, light industrial uses including manufacturing & assembly; and occasional, complementary uses which focus on serving area employees & users, such as business services, child care, and convenience retail) encouraged in the ME designation will provide a variety of employment opportunities and services within the impact area and possibly to the future residents of Southridge Subdivision to the south. Southridge 31 AZ -08-016 PAGE 5 • 0 VIII. UNIFIED DEVELOPMENT CODE A. Schedule of Use: Unified Development Code (UDC) 11-213-2 lists the permitted, accessory, and conditional uses in the M -E zoning district. Allowed uses in the M -E district are offices, medical centers, research and development facilities, and light industrial uses with ancillary support services. B. Purpose Statement of Zone: Per UDC 11-2B-1, "the purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways." C. Dimensional Standards: Future development of the subject property shall comply with the dimensional standards listed in UDC Table 11-2B-3 for the proposed M -E zoning district in effect at the time of development. D. Landscaping 1. Width of street buffer(s): UDC Table 11-2B-3 currently requires a 50 -foot wide landscape buffer adjacent to I-84; a 35 -foot wide landscape buffer adjacent to S. Ten Mile Road and W. Overland Road, both entryway corridors; a 20 -foot wide landscape buffer adjacent to W. Tasa Drive and Market Square Way, if classified as collector streets; and a 10 -foot wide landscape buffer adjacent to W. Old Market Court if classified as a local street. The applicant shall comply with current UDC standards in effect at the time of development. 2. Width of buffer(s) between land uses: The applicant is required to comply with the design guidelines contained in the Ten Mile Interchange Specific Area Plan. 3. Percentage of site as open space: NA 4. Tree Preservation: Mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. E. Off -Street Parking: Not applicable as no development is proposed at this time; however, off-street parking is depicted on the concept plan. Future development shall comply with the standards set forth in UDC 11 -3C -6B for commercial districts. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The annexation legal description submitted with the application (stamped on December 12, 2008 by Hugh Edwards, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Dimensional Standards: Development of the site is required to comply with the dimensional standards of the M -E district listed in UDC Table 11-213-3. There is no required front, rear, or side setback. However, where a landscape buffer is required, buildings shall be set back at least the minimum width of the buffer. Conceptual Development Plan: The applicant has submitted a conceptual development plan showing how the site may develop in the future; however, the applicant has stated that it is for illustrative purposes only and that future concept and development plans will be submitted based on the market and economic conditions. Souduidge 31 AZ -08-016 PAGE 6 0 • The concept plan depicts 14 building pads; drive aisles for circulation within the site; off-street parking; the extension of Tasa Drive (a public street that exists across Ten Mile Road to the west) through the site to the east property boundary; and Market Square Way, a public street proposed to connect Tasa Drive to the new alignment of Overland Road south of this site. Two round- abouts are depicted on the plan to enhance traffic flow within the site. Another public street, W. Old Market Court, is shown in the current location of Overland Road extending from Market Square Way to the west midway along the south boundary of the site ending in a cul-de-sac with a driveway access to the north into the site. Because the applicant has noted that the concept plan is only for illustrative purposes, Staff is highlighting certain aspects of the plan that we recommend be incorporated into a future plan for the site, as follows: 1) provide a round -about for more efficient circulation at the intersection of Market Square Way and Tasa Drive; 2) locate structures adjacent to streets with parking at the rear and sides of the structure; 3) provide a stub street at the east property boundary for future interconnectivity and to reduce access points to Overland Road; and 4) provide a public plaza area within the site generally along an axial alignment with any large structure or framed by a configuration of smaller structures and as a focal point to the development in an area (size) proportional to the development; and 5) provide a vehicular and pedestrian connection from the cul-de-sac at W. Old Market Court to W. Tasa Drive. Existing Structures: There are existing structures on this site, which the applicant proposed to remove prior to development. The concept plan depicts the existing dairy barn and silos, however, they are proposed to be removed. Building Elevations/Design Standards: The Applicant did not submit conceptual building elevations or architectural guidelines for future buildings to be constructed on this site. However, the applicant has stated that future development will comply with current design standards and the Ten Mile Specific Area plan. Existing Landscaping: There are a lot of large existing trees over 4" caliper that exist on the site. Per UDC 11-3B-1OC, mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. The applicant shall contact Elroy Huff, City Arborist, at 888-3579 prior to removing any trees from the site to determine the amount of mitigation required for this site. Access: The conceptual development plan submitted with this application shows one public street access (W. Tasa Drive) to Ten Mile Road and another (Market Square Way) to the future re -aligned W. Overland Road south of the site. The new Ten Mile interchange project is adjacent to this site on the north and west boundaries. After the interchange is constructed, Overland Road (in its current location at Ten Mile Road) is intended to be converted to a right-in/right-out until the construction of Tasa/Market Square is complete through the site. As part of the Ten Mile interchange construction project, the Idaho Transportation Department (ITD) plans to reconstruct Tasa Drive further to the north on the west side of Ten Mile Road and extend Tasa to the east side of Ten Mile Road under the approach ramp through the subject site to the junction of Tasa Drive/Market Square Way and south (Market Square Way) to the existing Overland Road. Right-of-way (ROW) has already been obtained for the construction of Tasa/Market Square to the existing Overland Road location; right-of-way has not yet been obtained from the existing Overland to the future realignment of Overland. If ROW is obtained between the existing Overland and future Overland locations prior to the construction of Souduidge 31 AZ -08-016 PAGE 7 0 0 Tasa/Market Square through the subject site, ITD will construct Market Square to the newly aligned Overland. Once Tasa/Market Square has been constructed to the newly aligned Overland, the existing Overland access to Ten Mile will be removed and access will be terminated. If ROW is not obtained prior to construction, ITD will improve Overland Road in its current location from Market Square west to the Ten Mile intersection. Certificate of Zoning Compliance: The applicant will need to apply for a Certificate of Zoning Compliance for approval of future structures and uses proposed on the site. All future development shall comply with current design standards, provisions of the UDC, and the Ten Mile Specific Area Plan. Development Agreement: UDC 11 -5B -3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. Prior to annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 1 year of City Council action. The DA shall incorporate the provisions noted in Exhibit B. X. EXIEBITS A. Drawings 1. Vicinity/Zoning & Aerial Map 2. Conceptual Development Plan B. Agency Comments 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Souduidge 31 AZ -08-016 PAGE 8 `a rfyJ�Jrp'e J_� rq _ 1 2. Conceptual Development Plan At"MAM Exhibit C — Page 3 0 • B. Conditions of Approval On January 29, 2009 a joint agency and departments meeting was held with service providers in this area. These agencies submitted comments on this application, which are included below. 1. Planning Department 1.1 ANNEXATION COMMENTS 1.1.1 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 1 year of City Council action. The required DA provisions are as follows: a. Future development of this site shall comply with all UDC standards, including current design standards in effect at the time of development, and the standards of the Ten Mile Specific Area Plan. b. The applicant shall modify the subject Development Agreement to include a specific site plan showing how the site is proposed to develop prior to submittal of the first development application for this site. The plan shall be consistent with the standards of the Ten Mile Specific Area Plan and current design standards in effect at the time of development. At a minimum, the plan shall incorporate the following features: 1) a round -about for more efficient circulation at the intersection of Market Square Way and Tasa Drive; 2) structures shall be located adjacent to streets with parking at the rear and sides of the structure; 3) a stub street shall be provided at the east property boundary for future interconnectivity and to reduce access points to Overland Road; 4) public plaza area(s) shall be provided within the site generally along an axial alignment with any large structure or framed by a configuration of smaller structures and as a focal point to the development in an area (size) proportional to the development; and 5) a vehicular and pedestrian connection shall be provided from the cul-de-sac at W. Old Market Court to W. Tasa Drive. c. Extend Tasa Drive as a stub street to the east property boundary for future interconnectivity upon development of the property to the east. d. Per UDC 11-3B-1 OC, mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. The applicant shall contact Elroy Huff, City Arborist, at 888-3579 prior to removing any trees from the site to determine the amount of mitigation required for this site. e. A Certificate of Zoning Compliance application is required to be submitted for all new structures/uses on this site. f. The operation of aeeesser-y use to th construction activities related to the I-84 widening and construction of the Ten Mile interchange on this site shall be allowed as an accessory use to these rp oiects. Upon completion of the Ten Mile interchange, the operation of the batch plant shall cease; equipment and any remaining stock piles shall be removed from the site and the site shall be restored to a clean condition. & The contractor shall provide flaggers at the Ten Mile//Overland intersection from 6.30 am to :00 am and 3:30 nm to 7:00 pmthrough the completion of the operation of iie etch plant for the c rrent interstate widening Ur-giect to ensure smooth traffic flow for both residential and construction ea nipment Exhibit C — Page 4 0 • h. The contractor shall resularly water the site with a water truck to alleviate dust issues created from construction activities on the site, L All future accessory uses on is site are subLIect to review and approval byhe Pla nine All future accessory use on this siteassociated with the cman ion of the Ten Mile interchange shall comply with all UEQ, Idaho Department of Lands, Idaho Transportation Department. Federal i hway A mini. tration en 'ro m ntal regWations, and EPA air a ua ity and water quality provi. ion and req uiremen s 2. Public Works Department 2.1 Water service to this site shall be from an extension of the 12 inch main that is to be constructed in the W Overland Road realignment and continuing in the proposed Market Square Way. The applicant will be responsible to install water mains to and through this project, coordinate main size and routing with the Public Works department. 2.2 Sanitary sewer service to this development is being proposed via extension of mains in W Overland Rd. Due to the fact that this property is located in two sewer drainage basins the applicant will need to construct sewer mains for each basin as shown on the City of Meridian Sewer Master Plan or work with Public Works Staff to provide and equivalent solution. The applicant shall install mains to and through this project; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.6 Additional width to the public utilities, drainage and irrigation easement along the right -of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior Exhibit C — Page 5 0 • to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.9 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air -testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District , prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to obtaining certificates of occupancy. 2.11 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to construction plan approval. 2.13 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate any new mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of building pads are at least 1 -foot above. 2.18 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two -hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. Exhibit C — Page 6 0 • f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.8 Commercial and office occupancies will require, with annexation approval, a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.10 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.12 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.13 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. Exhibit C — Page 7 3.14 COMMERCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) Provide a permanent secondary access to the site at time of development via Ten We Road or Overland Road. 3.15 Submit details of the round -about to the Fire Department prior to construction. 4. Police Department 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. Sanitary Service Company 6.1 SSC did not submit comments on this application. 7. Ada County Highway District This application is for annexation and rezone only. Listed below are some of the findings for consideration that the District may idents when it reviews a future development application. The District may add additional findings for consideration when it reviews a specific redevelopment application. 7.1 Site Specific Conditions of Approval 7.1.1 Vacate Overland Road where it intersects Ten Mile Road if the following criteria are met: a. The conditions of the existing Developer Cooperative Agreement are satisfied. These conditions include, but are not limited to: provision of a financial surety to ACHD to guarantee the construction of Overland Road in the new alignment, and completion of the Overland Road realignment no later than October 31, 2009; b. ACHD submits and ITD approves a change order to provide access to both the site and Tasa Drive via Market Square Way instead of the existing Overland Road alignment. This change order will call for the construction of Market Square Way from the new Overland Road alignment to Tasa Drive, and for the complete removal of Overland Road where it currently intersects Ten Mile Road. This change order cannot be submitted until a financial surety guaranteeing the construction of Overland Road in the new alignment is in place; c. The applicant, ACHD, and TTD reach an agreement for the provision of right-of-way and construction of Market Square Way between the existing and proposed new alignment of Overland Road. 7.1.2 Construct any internal and abutting that are NOT built by TTD as 36 -foot commercial street sections with vertical curb, gutter, and 7 -foot wide attached concrete sidewalk on both sides. Exhibit C — Page 8 • 0 7.1.3 If the applicant, ACRD, and ITD are unable to come to an agreement for the provision of right- of-way and construction of Market Square Way between the existing and proposed new alignment of Overland Road, construct this section of roadway prior to any development of the site. 7.1.4 Construct any portion of the proposed roundabout that is NOT built by ITD. 7.1.5 Construct one stub street to the east, located approximately 450 -feet north of the existing Overland Road (measured centerline to centerline). Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.6 If the criteria of Site Specific Condition of Approval #1 are met, and Overland Road is vacated where it intersects Ten Mile Road, then: a. Provide access to Windy Ridge Lane at the south property boundary; b. Provide access to 1620 S. Ten Mile Road (parcel # S1223223300). 7.1.7 Restrict all commercial driveways to 36 -feet in width, and pave each driveway its full width at least 30 -feet into the site from the street. 7.1.8 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days Exhibit C — Page 9 • prior to breaking ground within ACRD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit C — Page 10 i 0 C. Legal Description & Exhibit Map THE LAND GROUP, INC. December 12,2008 Project No. 07144 Annexation and Rezone bean! Description Southridge 31 36.27acres EX1 Mff "A" A tract of land for annexation and rezone purposes situated in the Southwest one Quarter of the Southwest One Quackcr of Section 14, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, described as follows- BEGINNING ollows: BEGINS ING at a found brass cap Monumenting the Southwest Garner of said section 14 on the cenlerline of South Ten mile Road, from which a Bound 5/8 -inch steel pin montunenting the West one Quarter ofsaid section 14 hears North 00°30'10" East a distance of 2,639.52; Thence following the west"IY line of said Section 14 and the centerline of said South Ten iNfsie R04 North 00°30'10" But a distance of 1,187.62 feet to a point on the ce11t0dine of InterW to 84; Thence leaving said westerly lite and said centerline and following the centerline of said Interstate 84, South M310" East a dish of 1,327.07 feet to a point on the easterly line of said Southwest One (quarter afthe Southwest one Quarter, Theist leaving snit! ceuterlitte and following the easterly line of said Southwest One Quarter of the Southwest one Quarter, South 00°3239" West a distance of i,194.46 feet to a found 518" steel pin mopumenting, the Southeast Corm of said Southwest one Quarter of the Soirt one QuaYter on the centerline of West Overland Road; Thenen leaving OW easWlY Ike and Mowing the southerly line of said Southwest one Quarter of the Southwest One Quarter and the centerline of said West Overland Road, North 899527" West a distance of 1,326.21 feet to the POINT Of REGIN"G. The altme-d#scribed tract of land contains 36.27 acres, more or less, subject to any existing easements or rights-of-way. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC, 462 E. SHORE DRIVE, SUITE 100 1 EAGLE. IDAHO 83616 1 v 208-939.4041 208-939.4445 (FAX) �8 07 1r l su•' Exhibit C — Page 11 SITUATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 14, TOWNSHIP 3 NORTH,, RANGE 1 WEST, B.M., ADA COUNTY, IDAHOLL a -- Q a 15• 14 O t�� sr� and 0 1V 1/4 t9fIER 1 14 Z GP.dit�. tt3?biti4 UJ Z —• S �iU' E 132699' �• �• C!J . 5 tY 0 u. d t9 ? Legend IIJ pCD a LII�d °� W • FOt1ND 5/8" STEEL PIN H 1520 South Ten Mite Read FOUND BRASS Cly m Current Tax District RUT CALCULAIM POINT y=y�= Z t. Proposed Tax District we ANNEXATION AND l !i UC) 1,5316.27 c. Ft REZONE 13OUNDARY UNE 36.27 Ac. SECTION UNE RIGHT—OF—WAY UNE TIE LINE FIRM am Cm t4 0 SM 1/4 t�7Sw 1 © g 15 t4 1� , 9911 14 ME t4 4 22 23 WEST OVERLAND ROADp 23 By t o a mc la m OF MERiQWN Fftm 11• Exhibit C — Page 12 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all the subject property M -E; the Comprehensive Plan Future Land Use Map designation for this property is Mixed Employment. The City Council finds that the proposed zoning map amendment complies with the future land use map designation for the property and the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of this property will be required to comply with the purpose statement of the commercial districts and the established regulations of the M -E zoning district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant will be required to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, the City Council finds that Annexation and Zoning of this property to M -E would be in the best interest of the City if a Development Agreement is required with the provisions noted in the staff report. Further, the City Council finds that the construction activities operating on this site related to the I-84 widening and Ten Mile interchange projects are appropriate on a temporary basis. Exhibit D — Page 1 0 • April 24, 2009 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT ITEM NO. S -C REQUEST Beer Wine & Liquor License Renewals AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See attached Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. Beer, Wine & Liquor License Renewals for Approval by City Council on TUESDAY April 28th, 2009 Limelight 3575 E. Copper Pt. Dr Famous Daves BBQ (rest) 2038 Overland Rd. Ricks Press Room (rest) 130 E. Idaho St. Meridian Speedway 335 S. Main St. Grains of Montana (rest) 1505 S. Eagle Rd. The New Frontier 116 E. Broadway Ave. Pizza Hut #2165 (rest) 675 S. Progress Pizza Hut #2166 (rest) 1752 W. Cherry Smoky Mtn Pizza (rest) 980 E. Fairview JBs Restaurant (rest) 1565 S. Meridian Rd. Rudy's Pub & Grill (rest) 2310 E. Overland Rd. Siam Thai (rest) 2951 E. Overland Rd. Good Thyme Grille (rest) 4200 W. Talamore Lotus Garden (rest) 2120 E. Fairview Muggsys (rest) 501 S. Main St. Flatbread Pizza (rest) 830 N. Main St. Beer & Wine Beer & Liquor Beer & Wine Beer & Wine Beer & Wine Beer & Liquor Beer Beer Beer & Wine Beer & Liquor Beer & Liquor Beer & Wine Beer & Liquor Beer Beer & Liquor Beer & Wine Beer, Wine & Liquor License Renewals for Approval by City Council on TUESDAY April 28th, 2009 Limelight 3575 E. Copper Pt. Dr. Beer & Wine Famous Daves BBQ (rest) 2038 Overland Rd. Beer & Liquor Ricks Press Room (rest) 130 E. Idaho St. Beer & Wine Meridian Speedway 335 S. Main St. Beer & Wine Grains of Montana (rest) 1505'S. Eagle Rd. Beer & Wine The New Frontier 116 E. Broadway Ave. Beer & Liquor Pizza Hut #2165 (rest) 675 S. Progress Beer Pizza Hut #2166 (rest) 1752 W. Cherry Beer Smoky Mtn Pizza (rest) 980 E. Fairview Beer & Wine JBs Restaurant (rest) 1565 S. Meridian Rd. Beer & Liquor Rudy's Pub & Grill (rest) 2310 E. Overland Rd. Beer & Liquor Siam Thai (rest) 2951 E. Overland Rd. Beer & Wine Good Thyme Grille (rest) 4200 W. Talamore Beer & Liquor Lotus Garden (rest) 2120 E. Fairview Beer Muggsys (rest) 501 S. Main St. Beer & Liquor Flatbread Pizza (rest) 830 N. Main St. Beer & Wine Added Friday 4/24 thru Tuesday 4/28: Cheerleaders (rest) 3541 N. Eagle Rd. Beer & Liquor Legacy Feed & Fuel 3100 S. Meridian Rd. Beer & Wine Miss Tamis Tea (rest) 1031 N. Main St. Beer & Wine Vina (rest) 1534 N. Main St. Beer Firehouse Pub & Grill (rest) 1767 W. Franklin Rd. Beer & Wine Jakers of Boise (rest) 3268 E. Pine Beer & Liquor St. Lukes Meridian 520 S. Eagle Beer & Wine Fuddruckers (rest) 3421 N. Eagle Beer & Wine Whitewater Pizza (rest) 1510 N. Eagle Beer & Wine ! 0 April 24, 2009 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT ITEM NO. S -D REQUEST Initial Point Gallery Acceptance Agreement: Russell Biaggne for Tundra Studios AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: TERMS AND CONDITIONS OF DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made this .$4day of , 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Russell Biaggne, a member of Alexander Enterprises, LLC, a limited liability company doing business in the State of Idaho as Tundra Studios, whose address is 5250 W. Chinden Blvd., Boise, Idaho ("Organizer"). (City and Organizer may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Organizer did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on February 9, 2009, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Organizer's proposed exhibition for display based on the Proposal, and recommended to the Meridian City Council that an exhibition of the artwork of Michael O'Loughlin ("Artist"), as depicted in the Proposal, be displayed in Initial Point Gallery in or around April 24, 2009 to May 22, 2009; WHEREAS, at its regular meeting on February 10, 2009, the Meridian City Council adopted such recommendation and directed the Commission to work with Organizer to establish a display of Artist's artwork in Initial Point Gallery in or around April 24, 2009 to May 22, 2009; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I of 7 • 1. WARRANTY OF AUTHORITY Organizer expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Tundra Studios and its principals. Organizer further warrants that he is authorized to bind Tundra Studios and its principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Tundra Studios and its principals. I1. SCOPE OF SERVICES. Organizer shall personally deliver to Initial Point Gallery, on Friday, April 24, 2009, at 9:00 a.m., or at such date and time as is mutually agreed-upon by Organizer and the Gallery Curator, approximately twenty (20) paintings, which paintings shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Organizer shall be responsible for hanging such artwork on April 24, 2009 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from April 24, 2009 to May 22, 2009 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on May 22, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Organizer and the Gallery Curator. III. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organizer shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any artwork on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of work displayed in Initial Point Gallery; any transaction related to the sale of artwork shall be handled solely by Organizer. Organizer acknowledges the Commission's request that Organizer voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. IV. TIME OF PERFORMANCE. Organizer shall provide services described in this Agreement in a timely manner, as described herein. Organizer acknowledges and agrees that time is strictly of the essence with respect to ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 of 7 0 0 this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. V. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organizer shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Organizer for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits,4 and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. VI. DISPLAY. A. Original artwork. Organizer warrants that any and all artwork provided by Organizer for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of name. Organizer hereby conveys to City permission to use Organizer's and/or Artist's name(s) for purposes of advertising, marketing, and public information, without violation of Organizer's or Artist's rights of privacy or any other rights Organizer or Artist may possess under this Agreement, provided that City shall not use Organizer's or Artist's logo, if any, for any purpose without the express, written permission of Organizer or Artist, respectively. D. Use of City's name. City hereby conveys to Organizer permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 of 7 0 • rights of privacy or any other rights City may possess under this Agreement, provided that Organizer shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Organizer in the manner set forth herein. While it is intended that Organizer's exhibition will be displayed in Initial Point Gallery for about one (1) month, this period may be shortened by City for any reason, with no prior notice to the Organizer. F. Removal of artwork by Organizer. Organizer shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VII. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Organizer and/or his servants, agents, principals, employees, guests, and/or business invitees. B. Waiver. Organizer shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Organizer's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Organizer's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Organizer in the furtherance of Organizer's rights or obligations described herein. Insurance of the artwork; of Organizer's person, property, or interests; and/or that of Organizer's employees, agents, or principals shall be the sole responsibility of Organizer. Organizer shall obtain all necessary insurance as may be required in order to protect Organizer's insurable interests as to all rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 of 7 Initial Point Gallery. Organizer shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VIII. TERMINATION. A. Termination for cause. If City determines that Organizer has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time with no prior notice to Organizer. C. Termination upon death or incapacity of Organizer. This Agreement shall automatically terminate upon the death or incapacity of Organizer. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. IX. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of the Parties that Organizer is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer and City or between Organizer and any official, agent, or employee of City. Both parties acknowledge that Organizer is not an employee of City. Organizer shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Organizer shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Organizer shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 of 7 D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and Assigns. Organizer shall not subcontract or assign any of Organizer's obligations under this Agreement that require or that may require his artistic talent or expertise. Organizer may subcontract or assign obligations that do not require his artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Organizer: Russell Biaggne Tundra Studios 5250 W. Chinden Blvd. Boise, Idaho 83714 (208) 761-0836 rwbiaggne@cableone.net Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 of 7 0 Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WIT SS (HLREOF, the parties hereto have executed this Agreement on the day of �/� , 2009. ORGANIZER: 49 /Loll ssell Biaggne 6161 STATE OF IDAHO ) ss: County of ) I HEREBY CERTIFY that on this—day ofP , 2009, fore the undersigned, a Notary Public in the State of Idaho, perso ally appeared ZZ 4� known to me to be the person who executed the said instrument, and ac owledged t me th she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate_Adf�! Eqs. tten. CITY OF MERIDIAN: Attest: Tammy cV W eerd, Mayor Jaycee Hc&han, City My Commission Expires:-�/ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 7 of 7 Exhibit A • i Meridian Commission Call for Artists: 2009 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2009 Initial Point Gallery Series, a series of two-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Halt (33 E. Broadway, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space -60 feet on either side of a generous space; featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20% of proceeds from works sold due to their display in Initial Point Gallery. ELIGIBILITY: The 2009 Initial Point Gallery Series is to be comprised solely of professional -quality, ready -to -hang, two-dimensional, original art that is conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper and/or with mats must be under glass or acrylic. No piece will be displayed which: cannot be safety hung using the gallery's system; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements; selected artists or organizations will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2009 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application Et Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; • Up to five digital images representational of the artist/organization's work, on a CD; and • $35 gallery maintenance fee. Details and forms are available at the City's website, http://www.meridiancity.org or by e-mail request to macCmeridiancity.org. Materials submitted for consideration cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, February 6, 2009. SELECTION PROCESS: The selection of art for the 2009 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or organization that their work has been chosen for display in Initial Point Gallery by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; • Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2009 Initial Point Gallery Series 33 East Broadway Meridian ID 83642 By e-mail: mac@meridiancity.org Exhibit 6 Meridian Commission Application & Acknowledgments: 2009 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: O 1 am submitting this form as an individual artist. *I 1 am submittine this form on behalf of an organization. Artist/Org. Name: Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: APPLICATION OVERVIEW: Check one: we propose to fill one half of Initial Point Gallery with artwork. Wwe propose to fill the entire Initial Point Gallery with artwork, Number of pieces: 20 Average size of pieces: 2,q "X 3 MIA T` APPLICATION MATERIALS: Completed, signed Application ft Acknowledgements Form Biography of artist or informational statement regarding organization, no longer than one 8'/z x 11" page; 'fid( A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. Up to five digital images representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in . jpg format. Please name each image file with artist last name or organization name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images will not be accepted via e-mail. $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. HANGING INFORMATION: Initial Point Gallery is equipped with a track system for hanging exhibits. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. Wires or eyehooks may not be used for hanging, and clip frames are not allowed. Meridian Arts commission Attn: Initial Point Gallery 33 East Broadway Meridian, Idaho 83642 • February 3, 2009 RE: Application & Acknowledgments: 2009 Initial Point Gallery Series. To Whom It May Concern, Please review this letter of intent to display various pieces of original art work by Michael O'Loughlin at the 2009 Initial Point Gallery, Meridian, Idaho. O'Loughlin is a rare visual storyteller whose art is from the heart. As a realist and historian, O'Loughlin has- never compromised his story on canvas with commercialism. Each subject matter reflects life, evokes the deepest of raw emotions and absolute truth, which will be understood by the viewer. As his patron I wish to introduce O'Loughlin's art to this area as a true master storyteller through his style dedicated to "photo -realism." I expect to display up to 20 pieces ranging in size from 8" by 10" to 36" by 24". The prices of these works range from $2,800.00 to $30,000.00. Tundra Studios will publicize O'Loughlin's works in various medias including the newspaper and radio should he be one of the artists selected. We do not expect any challenges regarding the display of his works. Your review of the five digital imakes provided is very much appreciated. Sincerely, Russell R. Biaggne Patron Michael O'Loughlin Michael O'Loughlin was born and raised in Boise, Idaho. He graduated from Boise High School in 1971 and immediately started his painting career full-time. When O'Loughlin was five years old, he knew he was going to be a "real artist." However, his home life was not supportive of big dreams. He grew up in a nightmare of abuse from his father and witnessed frequent beatings of his mother. His own life was also damaged by his substance abuse and his retreat from society. He nearly flunked high school for not following his art instructor's direction for subject matter and was expelled for his rebellious nature. Interestingly enough however, O'Loughlin won first place in an art contest at the Idaho State Fair in 1971 with the piece he did paint. It was a portrait of the Beatles. His conviction seldom wavered and he has pursued his passion for art for over 50 years. He did not forget the phone call from Norman Rockwell at three in the morning encouraging him to stay true to this calling. This historical call from this great artist was at a very important time in O'Loughlin's life as he was just about ready to quit his art. O'Loughlin's chosen style is called "photo -realism." His paintings bring life to the canvas through extremely detailed renderings. Great masters, such as Raphael and Rembrandt inspired him, but his own work is more closely related to that of Photo - realist Albert Bierstadt. He takes the method further than earlier artists do however. He uses the canvas to tell a story and these heartfelt stories are never compromised with commercialism. Each subject matter reflects life and evokes the deepest of raw emotions and absolute truth. This truth can be extremely emotional, personal, honest and sometimes painful. His pursuit of technical excellence often causes him to spend at least half his time researching the piece before he ever wets a brush! The results are detailed renderings of western landscapes seen panoramically, a fully engaged battlefield, or a captivating story of a Native American. However, western art is only part of his repertoire. Seascapes, childhood memories, wild animals in authentic settings, political statements, and depictions of tragic lives are included in his paintings. O'Loughlin refuses to be possessed by the salability of his work and will paint only what comes to him freely. Well collected by individuals and museums, O'Loughlin's works have been featured as far away as France, California, Arizona, and Colorado and as close to home as Zantman Galleries, in Sun Valley, Idaho. He currently paints in a small trailer at Danskin Station, off the road between Garden Valley and Lowman on the bank of the Payette River, Idaho. The lighting is poor and his quarters are very cramped and cold, but his paintings continue to treat viewers of certain truths clearly and unexpectedly. Please contact Russell R. Biaggne, Patron, for more information about Michael O'Loughlin. Phone: (208) 761-0836. Exhibit C 0 ACKNOWLEDGMENTS: I, U 5$f.LL_ '_R . GJAG&iif , hereby acknowledge the following stipulations and agree that if my/my organization's art work is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, w tten Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: Ab A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. i 4 C. Any, insurance of the art work displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While art work displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. 14 While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month Period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. Art work submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and art work meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. iySignature- Print name.7r55 L.L 7F?-.�j Il 6-AJ6_ - i�vDate: To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Meridian ID 83642 Thank you for your interest! 0 April 24, 2009 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT ITEM NO. S -E REQUEST Approve Proposal from Nampa Paving and Asphalt for ACHD 2009 for $6,100.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 9 UTMI To: Jaycee Holman; Tara Green From John Boyd, Engineering Technician 11 51ze- jboyd@meddiancity.org Meridian Public Works Department Development Services Division 33 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC., Clint Dolsby, Kyle Radek, Scott Steckline, Tom Barry, Karie Glenn Re., Proposed Agenda Item for April 28, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 28, 2009 City Council agenda, under Consent Agenda, for Council's consideration: ACHD 2009 Federal Oveday Project — Concrete Collars -Attached is a Proposal from Nampa Paving & Asphalt Co. to adjust 13 valve boxes and a blowoff and place concrete collars over them within roadways that will be overlaid as part of the above project. Recommended Council Action: The Public Works Department recommends that City Council approve the Proposal T iforn Nampa Paving & Asphalt Co. to adjust 13 valve boxes and a blowoff and place concrete collars over them within roadways to be overlaid as part of the ACHD 2009 Federal Overlay Project In the amount of $6,1100. OEM MUM 0 Pap 1 rI IDPW 12270 -AAA -1-2 Pimposal F;;tca PIW 11 444 W. Karcher Rd. Nampa, ID 83687 Phone (208) 466-4051 Fax (208) 466-4071 paosR 1 of 7 PROPOSALsusun7mm. PEM DATE - - - -- - THE CITY OF NfizRIDuN 898-5500 x 364 Aril 14, 2009 SlRW los NAME 33 E. Broadway Ave. Ste 200 Federal Aid – ACHD Overlays CIrY SPATS AND ZIP COW .OB LOCA71ON Meridian,ID 83642 Various locations in Ada County ARCHITECT I DAZE OF PLANS I )OB PHONE NUMBER $ i m-d0meridianriPo.ore The following proposal represents all costs required to construct water valve collars as rcgtdred by the City of Meridian. DESCRIPTION QTY UNIT UNIT COST TOTAL COST 1 valve cluster collar 7 EA $ 250.00 $ 1,750.00 2 valve cluster collar 3 EA $ 500.00 $ 1,500.00 3 valve cluster collar 2 EA T 750.00 $ 1,500.00 4 valve cluster collar 1 EA $ 1,000.00 $ 1,000.00 blowoff collar 9 W-1 $ 350.00 $ 350.00 TOTAL $ 6,100.00 upon -"I*- and/or by eet guarantee work ago Aud mized simutn . The above prioa% speefeadons and oorA iom are antistaxory and ue h by .me..�i F 1 711v..w.dw �e mNNwwA -t..wiw B -mut Lotr oe br Brent Louidge, Estimator April 24, 2009 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT ITEM NO. 5-F REQUEST Amendment to Task Order No. 0766 with Parametrix for Franklin Road Ten Mile to Linder for $18,100.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. This Amendment to Task Order 0766 is Issued by Owner and accepted by the Engineer pursuant to the mutual promisees, covenants and conditions contained In the Agreement between the above named parties dated March 1, 2007. rOT-i--ITIA� MZ .! Sanitary Sewer and Municipal Wastewater Reclamation Water Line Improvements in Conjunction with Road Improvements; on Franklin Road between Ton Mlle Roar! and Linder Road PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 0786.03 — SANITARY SEWER AND MUNICIPAL WASTEWATER RECLAMA71ON WATER LINE The following is a detailed scope of work to provide additional professional services for the coordination and design of a sanitary sewer system and a municipal wastewater reclamation water line to be constructed in conjunction with ACHD`s roadway Improvements for the Franklin Road — Ten Mile Road to Linder Road Improvements Project The professional services required are to revise the prepared plans, bid schedule, special provisions and cost estimate to incorporate the sanitary sewer system and wastewater reclamation system improvements on Franklin Road. The anticipated design elements include the following: A. SANITARY S R SYSTEM IMPROVEMENTS 1. Project management and administration time for schedule extension. This includes coordination with Meridian Public Works and Development Services. 2. Modification of sanitary sewer design to increase sewer pipe size to 18" within Franklin Road. 3. Modification of sanitary sewer design to move the sanitary sewer line 8.5 feet north of the south face of curb. 0 • 4. Extend sanitary sewer line east approximately 450 linear feet to Sta 137+20 as directed by Meridian Public Works. Sewer line extension shall be 8 -in diameter PVC pipe. S. Provide design details to bore the new sewer line under the Vaughn Lateral. 6. Prepare a License Agreement between City of Meridian and Nampa Meridian Irrigation District (NMID) for sewer line and reclaimed water line crossing the Vaughn Lateral. 7. Contact additional property owners for eastern extension of sewer main. Parametrix will send a letter to up to four property owners to determine if they desire a new sewer stub to their property. The letter will advise them of the project and advise them that the City will install a service stub to their property at their documented location, and advise them that construction costs must be collected before the construction of the stub. The letter will only be sent to property owners affected by the extended sewer system that have not previously received a letter. The same letter that was previously sent to property owners will be used. 8. Modify special provisions, opinion of probable construction cost and bid schedule based on sanitary sewer design changes. 9. Coordinate with City of Meridian Development Services to assure compliance of review checklist. B. MUNICIPAL WASTEWATER RECLAMATION WATER LINE Design a 12" municipal wastewater reclamation water line, to be placed 12.5 feet north of the southern proposed face of curb, and show on the project pians. The municipal wastewater reclaimed water line will connect to the reclaimed water line shown in the Franklin Rd/ Ten Mile Intersection pians prepared and provided by JUB Engineers. The reclaimed water line will terminate to the west at the limit of the Franklin Road - Ten Mile to Linder Project. Design will be in accordance with the Idaho Rules for the Reclamation and Reuse of Municipal and Industrial Wastewater (IDIPA 58.01.17), Wastewater Rules (IDAPA 58.01.16), and Recommended Standards for Waster Water Facilities — Great Lakes — Upper Mississippi River Board of Sanitary Engineers (10 States Standards), and AWWA manual M24 — Chapter 24. 2. Add Meridian Class "A° Municipal Wastewater Reclamation and Reuse construction notes to project pians. 3. Assist in establishing a Joint Effort Agreement between the City of Meridian and the Ada County Highway District (ACRD) which will allow the City to pay for all municipal wastewater reclamation water line improvements required for the project. 4. Modify the Special Provisions, Opinion of Probable Construction Cost and a Bid Schedule as a result of adding the municipal wastewater reclamation water line. The reclaimed water One will be added into the bid documents as an Additive Aitemate #1 to the water and sanitary sewer improvements. 5. Coordinate with City of Meridian Development Services to assure compliance of review checklist requirements. 0 0 �:. :• Vii: The sanitary sewer system and municipal wastewater reclamation water line Improvements will be included in the plan set for the Franklin Road — Ten Mile Road to Under Road Improvements Project. The sanitary sewer and municipal wastewater reclamation water line Improvements portion of this package will Include one (1) separate City of Meridian General Notes sheet, modifications to the twenty (20) Design Plan and Profile sheets and five (5) City of Meridian Standard Detail sheets. The total sheet count for the sanitary sewer and municipal wastewater reclamation water line design, details, and notes is anticipated to include 26 sheets. Where possible all proposed utility improvements will be designed within the proposed right-of-way limits or existing utility easements granted to the Ada County Highway District (ACHD). Where adequate right-of-way or easements do not exist we will prepare temporary and permanent construction easements to cover the utility improvements. Where adequate right-of-way exists all proposed utility service stubs will be designed to end one foot short of the proposed right- of-way line so that the service extends outside the roadway prism for future Connection. Parametrix will submit the plans to the City of Meridian and DEQ for review and approval prior to construction. For the parcels requiring easements each property owner will receive the required easement forms for execution. The City of Meridian will provide any additional Information needed and acquire the signed easement forms. All improvements will be limited to within the project limits of the Franklin Road — Ten Mile Road to Under Road Improvements Project. No additional topographic survey will be required to complete this scope of work. Two (2) sets of 22x34" 20 -sole plans will be provided to the City during the Draft Final Design review. Three (3) sets of 22x34° 20 -scale plans will be submitted to the City upon approval of the project by DEQ and the City. We will also submit all design and construction plans in electronic format to the City (meeting the City of Meridian's formatting requirements but to ACHD's CAD standard requirements) We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of $18,100.00. Construction services are not included under this scope of services. The following Scope of Wor* can be performed by Parametrix if sled under a future Task Order upon project consirmAlon completion (not included under scope of work for Task Order 0706); VWthin 30 days of completion of construction, Paramebft shall submit record drawings of the shests with waterlIn® design, detans and notes The record drawings will mat the current City of Meridian's -Submittal ants for Record Drawings" standard when produced. 0 CITY OF MERIDIAN BY:„- TAMMY de WEERD, )WOR Dated: T Approved by City Council: Attest SEAL is,- Approved as to , F Wit.P, AA v e Dated:_____ - Approval - NAME: _fib{ tt�t . `�SaL"t17 0 From: John Boyd, Engineedng Technician 11 jboyd@meridiancity.org Meridian Public Works Department Development Services Division Watertower, Suite 200 Phone: 898-5500 Fax 898-9551 E The Public' i-orvtheApli 28, 2009 City Council Agenda, under Consent Agenda, for Council's consideration: Franklin Road — Ten Mile to Linder Re -design of new sewer and design of new Reclaimed Wastewater) Attached is an Amended Task Order 0766 — Task 0766.03 with Parametrix for profession engineering services related to the re -design of new sewer and design of new Reclaim Wastewater improvements to be constructed in conjunction with the ACHD roadway proj] [��. .7 05017147=001%1�� 'I Al F 14411f, tqITIAfjI;-J, A A',� '10 3• - - = = • 0 Page 1 0 0 ME PARAMETRIX (ENGINEER) 1142101 11W 0, INOW11119411 I I I A q I hiffiLP I E;i7-J I I Lzi I I N flr-_l I T H Sanitary Sewer and Municipal Wastewater Reclamation Water Line The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 0766.03 — SANITARY SEWER AND MUNICIPAL WASTEWATER RECLAMATION WATER LINE The following is a detailed scope of work to provide additional professional services for the coordination and design of a sanitary sewer system and a municipal wastewater reclamation water line to be constructed in conjunction with ACHD's roadway improvements for the Franklin Road — Ten Mile Road to Linder Road Improvements Project. The professional services required are to revise the prepared plans, bid schedule, special provisions and cost estimate to incorporate the sanitary sewer system and wastewater reclamation system improvements on Franklin Road. The anticipated design elements include the following: 1. Project management and administration time for schedule extension. This includes coordination with Meridian Public Works and Development Services, 2. Modification of sanitary sewer design to increase sewer pipe size to 18" within Fran'flin Road. 0 0 4. Extend sanitary sewer line east approximately 450 linear feet to Sta 137+20 as directed by Meridian Public Works. Sewer line extension shall be 8 -in diameter PVC pipe. 5. Provide design details to bore the new sewer line under the Vaughn Lateral. 6. Prepare a License Agreement between City of Meridian and Nampa Meridian Irrigation District (NMID) for sewer line and reclaimed water line crossing the Vaughn Lateral. 7. Contact additional property owners for eastern extension of sewer main. Parametrix will send a letter to up to four property owners to determine if they desire a new sewer stub to their property. The letter will advise them of the project and advise them that the City will install a service stub to their property at their documented location, and advise them that construction costs must be collected before the construction of the stub. The letter will only be sent to property owners affected by the extended sewer system that have not previously received a letter. The same letter that was previously sent to property owners will be used. 8. Modify special provisions, opinion of probable construction cost and bid schedule based on sanitary sewer design changes. 9. Coordinate with City of Meridian Development Services to assure compliance of review checklist. 1 Design a 12" municipal wastewater reclamation water line, to be placed 12.5 feet north of the southern proposed face of curb, and show on the project plans. The municipal wastewater reclaimed water line will connect to the reclaimed water line shown in the Franklin Rd/ Ten Mile Intersection plans prepared and provided by JUB Engineers. The reclaimed water line will terminate to the west at the limit of the Franklin Road - Ten Mile to Linder Project. Design will be in accordance with the Idaho Rules for the Reclamation and Reuse of Municipal and Industrial Wastewater (IDIPA 58.01.17), Wastewater Rules (IDAPA 58.01.16), and Recommended Standards for Waster Water Facilities — Great Lakes — Upper Mississippi River Board of Sanitary Engineers (10 States Standards), and AWWA manual M24 — Chapter 24. 2. Add Meridian Class "A" Municipal Wastewater Reclamation and Reuse construction notes to project plans. 3. Assist in establishing a Joint Effort Agreement between the City of Meridian and the Ada County Highway District (ACRD) which will allow the City to pay for all municipal wastewater reclamation water line improvements required for the project. 4. Modify the Special Provisions, Opinion of Probable Construction Cost and a Bid Schedule as a result of adding the municipal wastewater reclamation water line. The reclaimed water line will be added into the bid documents as an Additive Alternate #1 to the water and sanitary sewer improvements. 5. Coordinate with City of Meridian Development Services to assure compliance of review checklist requirements. The sanitary sewer system and municipal wastewater reclamation water line improvements will be included in the plan set for the Franklin Road — Ten Mile Road to Linder Road Improvements Project. The sanitary sewer and municipal wastewater reclamation water line improvements portion of this package will include one (1) separate City of Meridian General Notes sheet, modifications to the twenty (20) Design Plan and Profile sheets and five (5) City of Meridian Standard Detail sheets. The total sheet count for the sanitary sewer and municipal wastewater reclamation water line design, details, and notes is anticipated to include 26 sheets. Where possible all proposed utility improvements will be designed within the proposed right-of-way limits or existing utility easements granted to the Ada County Highway District (ACHD). Where adequate right-of-way or easements do not exist we will prepare temporary and permanent construction easements to cover the utility improvements. Where adequate right-of-way exists all proposed utility service stubs will be designed to end one foot short of the proposed right- of-way line so that the service extends outside the roadway prism for future connection. Parametrix will submit the plans to the City of Meridian and DEQ for review and approval prior to construction. For the parcels requiring easements each property owner will receive the required easement forms for execution. The City of Meridian will provide any additional information needed and acquire the signed easement forms. All improvements will be limited to within the project limits of the Franklin Road — Ten Mile Road to Linder Road Improvements Project. No additional topographic survey will be required to complete this scope of work. Two (2) sets of 22"x34" 20 -scale plans will be provided to the City during the Draft Final Design review. Three (3) sets of 22"x34" 20 -scale plans will be submitted to the City upon approval of the project by DEQ and the City. We will also submit all design and construction plans in electronic format to the City (meeting the City of Meridian's formatting requirements but to ACHD's CAD standard requirements) We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of $18,100.00. Construction services are not included under this scope of services. future Task Order upon project construction completion (not Included under scope of work for Task Order 0766); M7rrWM#X;F7T =7 5 0 CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Dated: Approved by City Council: Attest: JAYCEE L. HOLMAN, CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated: 0 Dated: 'D Dated: t 4+. FJY �✓ Department Approval BY: I NAME: 1.1 $c ,. ' TITLE: f4j CSI PSfiel P (z- 1 CC. 4 Dated: _ 2s, 2Ob 9 0 April 22, 2009 MEMORANDUM To: Jaycee Holman; Tara Green From: John Boyd, Engineering Technician II jboyd@meddiancity.org Meridian Public Works Department 33 E. Broadway Avenue, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Clint Dolsby, Kyle Radek, Scott Steckline, Tom Bary, Karie Glenn Re: Proposed Agenda Item for April 28, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 28, 2009 City Council Agenda, under Consent Agenda, for Council's consideration: Franklin Road —Ten Mile to Linder Re -design of new sewer and design of new Reclaimed Wastewater) Attached is an Amended Task Order 0766 — Task 0766.03 with Parametrix for professional engineering services related to the re -design of new sewer and design of new Reclaimed Wastewater improvements to be constructed in conjunction with the ACHD roadway project. The Task Order is for a not to exceed amount of $18,100.00. Recommended Action: The Public Works Department recommends approving and signing the Task Order with Parametrix for professional engineering services related to the re -design of new sewer and design of new Reclaimed Wastewater improvements to be constructed in conjunction with the ACHD roadway project. Thank you for your consideration. Please contact me if you have any questions. 0 Page 1 April 24, 2009 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT ITEM NO. S -G REQUEST Task Order Agreement with T -O Engineers for a Letter of Map Revision and Flood Studv of Eiaht Mile Creek for the Not to Exceed Amount of $20,000.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT. SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Task Order No. 10004 Preliminary Study Scope of Work Letter of Map Revision (LOMR) Submittal Flood Study of Eight We Creek Silverstone and Silverstone Campus Subdivision Areas Client: City of Meridian Consultant: T -O Engineers, Inc. April 2, 2009 This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, covenant and conditions contained in the Master Agreement between the above mentioned parties dated. March 18, 2009. T -O Engineers comply a flood study on Eight Mile Creek in a cooperative effort between the Kevin Spencer Company and the City of Meridian in rune 2008, referred to herein as the "2008 study". The 2008 study demonstrates higher 100 -year base flood elevations compared to the existing FEMA maps. The higher flood elevations result from improvements to Overland Road, tiling of Eight Mile Creek south of Overland Road, and installation of culverts at South Jade Way and South Topaz Way. The City intends to ultimately submit the 2008 study, with modification$ as necessary, as a Letter of Map Revision (LOMR) to FEMA. for approval and implementation of the modified base flood elevations into the effective FEMA malas and Flood Insurance Study. The purpose of this Task Order No. 10004 is to complete preliminary hydraulic study efforts. The majority of this Task Order is for extending the 2008 site-specific hydraulic analysis to satisfy the FEMA requirement for matching existing mapped floodplain parameters at the limits of the future LOMR submittal. The end product of this Task Order is a working hydraulic model within the limits of the LOMR submittal. The hydraulic model will provide information on the upstream exI ents of the higher flood elevations in the 20M study and guidance for completion of the remaining analysis necessary for submitting the tirtnre LOMB. 1) AddWonal Analysis Requhvd by FEMA. Assist City in requesting 1989 hardcopy model input data and results plus back-up materials from FEMA via FEMA's external data request proms. Construct duplicate effective 1989 model in HEC RAS using 1989 FEMA HEC -2 hardcopy output~ Assess differences in streamline coordinates between 1989 and 2008 study due to overland flow paths across parking areas. Determine any difference in flood elevations due to flow path 9 0 changes. Conform streamline coordinates of 2008 study to FEMA water surface profiles for consistency in the Flood bsurance Study. Extend 2008 study upstream (east of Silverstone Campus Subdivision) approximately 1,500 feet to accomplish FEMA requirement for matching existing flood elevations at the study limits. Collect survey data on approximately 7 cross sections and adjacent topography for mapping floodplain. Layout and survey cross sections and topography with field extension up to estimated limits of floodplain based on flood elevations from the upstream end of the 2008 study. Update flood study to reflect any fill or floodplain encroacbment after the original survey done for the 2008 study. It is assumed that there is fill on Lot 12 in Silverstone Campus and three buildings have been constructed subsequent to the 2008 study. Develop models of 10 -year and 500 -year flood events to update existing FEMA model. Run model through FEMA parameter checking software and document results. Collect additional field topographic survey between original 2008 crass sections in the Silverstone area and combine with survey data of upah= mi extension east of Silvertsone. Crete digital twain model and topographic contour work maps required by FEMA. Transmit updated hydraulic model to City engineering st&X discuss results of model and ams implications for completing future LOMB submittaL Estimated Fee The estimated fee for completing scope item #1 is $19,913.75. Accordingly, this Task Order seeks approval for a budgetary allocation not to exceed $20,000.00. Estimated components of the fee are detailed in the attached spreadsheet. The estimate is based on what is known and reasonably formable but no guarantee is expressed that the scope and estimate are all inclusive and that no other itemsftsks be required throughout the process. Ei.:,1�iii�y ;u r a ice: The following assumptions have been made in developing this scope of work and estimated fee Additional services may be required if the assumptions do not remain valid in the process of completing the work. Additional or excluded services may be added by amendment of the agreement. 1) It is assumed FEMA will accept termination of the faium LOMR at the north edge of Overland Road with a known differential in flood elevations north (downstream) of Overland Road. Flood elevations higher than FEMA regulatory values were revealed in a separate site- specific study for lands north of Overland Road previously completed by Consultant. The submittal to FEMA will characterize the relative insensitivity of the flood elevations at Overland Road (and upstream) to the flood elevations downstream of Overland Road as a proposed basis for FFMA approval. The City reviewed this finding and proms submittal approach to retain 0 FEMA values north of Overland Road for purposes of mapping continuity with FEMA Region X staff on December 19, 2008. At that time, FEMA did not object to the approach. 2) It is assumed the City will not enter into a joint LOMR submittal with landowners north of Overland Road to extend the flood study downstmm. 3) It is assumed that the flood study of conceptual ---- -- vements to 144 and Eagle Road completed by Connecting Idaho Partners (CIP) is not submitted to FEMA by CII', the City of Meridian or as a joint submittal with this proposed scope of work. 4) It is assumed the LOMR submittal qualifies for the FEMA definition of "improved methodology and/or data" and is therefore exempt from a submittal fee. Submittal fees, i£ reWi ed by FEMA, would be paid directly by the City to FEMA. 5) It is assumed that no new fill or development will occur within the limits of the flood study after beginning work on the updated hydraulic analysis, any mature LOMR submittal, or during the FEMA approval proms. Any such fill may require revision of the study. 6) Ada County will not require revision of the flood study as a condition of the County signang the Community Acknowledgement form for the future LOMR application. 7) The City will obtain permission to survey on private property. 8) FEMA has established regulatory flows for 8 -Mile and 5 -Mile Creeks and those flow were used in the 2008 study. It is assumed that FEMA will not require a hydrologic study to modify the flows. 9) The City will provide the Consultant with relevant products primed by other consultants in coqunction to approvals for the Silverstone developments including a Record of Survey, design plains for construction affecting Eight Mile Creek, and find plats, prior to the Consultant proceeding with the Work. 10) TheNampa and Meridian Irrigation Didnot does nothavereview or approval authontyoverthe LOMR submittal and neither the City or County will request comment from the Du tcict. 11) The City does not need to obtainwr}tten ore -nail permission from Kevin Spencer Company for Consultant to use the 2008 study on behalf of City. Permission for use is assumed because of the existing release forms provided by Kevin Spencer Company and signed by the City. 12) City has possession of the rqxftd 1989 flood study output and it is assumed that no digital version of the model is available based on conversations with contractor that completed the 1989 study. If the City's external data request to FEMA produces a digital HEC -2 model, then it can be imported directly into HEC RAS with somewhat less effort and data conversion than anticipated in this scope. 0 • 13) It is assumed that differences in streamline coordinates between the 1989 and 2008 studies arising from piping of Eight Mile Creek and overland flow paths through parking areas do not significantly affect the computed flood elevations. Based on this assumption, the streamline coordinates in the 1989 study can be retained in the water surface profile in the Flood Insurance Study without having to revise streamline locations in the water surface profile upstream of the study area along the remainder of Eight Mile Creek. 1 4) No floodway will be delineated on Eight Mile Creek. The current FEMA maps do not designate a floodway on Eight Mile Creek and the 2008 study area has been platted as a subdivision. Property within the contemplated extension of the 2008 study will be subject to City or County requirements for proposed development to demonstrate limitations of base flood elevation surcharges to less than one foot. 15) The City will lead coordination efforts with FEMA including requesting the 1989 model and back-up work products, confirmation of receipt of submittal, establish a FEMA case number and contact person, inquiries as to status of FEMA review and approval. 16) City will develop landowner location, contact summary and FEMA required flood elevation notification letters for properties affected by 2008 study. Consultant will provide City with FEMA template for notification letter. CITY OF MERIDIAN • TAMMY 5z.de `YKIEERD, =�`AY6R Dated: / 6), ._r_ aster.. JtlTi�6�¢ L. ilLL1YU'�V, F� VLGRRK, 4" �r tsi Approved asto Cont®nl►ltlH ttillti M rraa Dated: Approved as to Form CITY ATTORNEY T -O Engineers, Inc. BY: Steven E. Holt, cretary Dated: Apav-oaed by Ciiy Cow1c47 1 m Aro 200? Deparbnent ApproON BY: NAME: TITLE: 0 0 0 0 • 0 emo To: Jaycee Holman; Tara Green From: Brent Blake, Engineering Technician II bblake@meddiancity.org Meridian Public Works Department 33 E. Broadway, Suite 200 Meridian, ID 83642 Phone: 8985500 Fax 898-9551 CC: Clint Dolsby, Thomas Barry, Scott Steckline, Kyle Radek, Karie Glenn Dates 4/23/2009 Re: Proposed Agenda Item for April 28, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 28, 2009 City Council agenda, under Consent Agenda, for Council's consideration: Task Order Agreement with T-0 Engineers for a Letter of Map Revision (LOMR) and Flood Study of Eiaht Mile Creek. Recommended Council Action: The Public Works Department recommends that City Council approve the Task Order with T-0 Engineers for a Letter of Map Revision (LOMR) and Flood Study of Eight Mile Creek for the not to exceed amount of $20,00.00 and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions. 0 pap 1 0 • Task Order No. 10004 Preliminary Study Scope of Work Letter of Map Revision (LOMR) Submittal Flood Study of Eight Mile Creek Silverstone and Silverstone Campus Subdivision Areas Client: City of Meridian Consultant: T -O Engineers, Inc. April 2, 2009 This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, covenant and conditions contained in the Master Agreement between the above mentioned parties dated March 18, 2009. ose T -O Engineers completed a flood study on Eight Mile Creek in a cooperative effort between the Kevin Spencer Company and the City of Meridian in June 2008, referred to herein as the "2008 study". The 2008 study demonstrates higher 100 -year base flood elevations compared to the existing FEMA maps. The higher flood elevations result from improvements to Overland Road, tiling of Eight Mile Creek south of Overland Road, and installation of culverts at South Jade Way and South Topaz Way. The City intends to ultimately submit the 2008 study, with modifications as necessary, as a Letter of Map Revision (LOMR) to FEMA for approval and implementation of the modified base flood elevations into the effective FEMA maps and Flood Insurance Study. The purpose of this Task Order No. 10004 is to complete preliminary hydraulic study efforts. The majority of this Task Order is for extending the 2008 site-specific hydraulic analysis to satisfy the FEMA requirement for matching existing mapped floodplain parameters at the limits of the future LOMR submittal. The end product of this Task Order is a working hydraulic model within the limits of the LOMR submittal. The hydraulic model will provide information on the upstream extents of the higher flood elevations in the 2008 study and guidance for completion of the remaining analysis necessary for submitting the future LOMB. Scope of Work 1) Additional Analysis Required by FEMA. Assist City in requesting 1989 hardcopy model input data and results plus back-up materials from FEMA via FEMA's external data request process. Construct duplicate effective 1989 model in HEC -RAS using 1989 FEMA HEC -2 hardcopy output. Assess differences in streamline coordinates between 1989 and 2008 study due to overland flow paths across parking areas. Determine any difference in flood elevations due to flow path changes. Conform streamline coordinates of 2008 study to FEMA water surface profiles for consistency in the Flood Insurance Study. Extend 2008 study upstream (east of Silverstone Campus Subdivision) approximately 1,500 feet to accomplish FEMA requirement for matching existing flood elevations at the study limits. Collect survey data on approximately 7 cross sections and adjacent topography for mapping floodplain. Layout and survey cross sections and topography with field extension up to estimated limits of floodplain based on flood elevations from the upstream end of the 2008 study. Update flood study to reflect any fill or floodplain encroachment after the original survey done for the 2008 study. It is assumed that there is fill on Lot 12 in Silverstone Campus and three buildings have been constructed subsequent to the 2008 study. Develop models of 10 -year and 500 -year flood events to update existing FEMA model. Run model through FEMA parameter checking software and document results. Collect additional field topographic survey between original 2008 cross sections in the Silverstone area and combine with survey data of upstream extension east of Silvertsone. Create digital terrain model and topographic contour work maps required by FEMA. Transmit updated hydraulic model to City engineering staff, discuss results of model and assess implications for completing future LOMR submittal. Estimated Fee The estimated fee for completing scope item #I is $19,913.75. Accordingly, this Task Order seeks approval for a budgetary allocation not to exceed $20,000.00. Estimated components of the fee are detailed in the attached spreadsheet. The estimate is based on what is known and reasonably foreseeable but no guarantee is expressed that the scope and estimate are all inclusive and that no other items/tasks be required throughout the process. Assumptions and Exclusions The following assumptions have been made in developing this scope of work and estimated fee. Additional services may be required if the assumptions do not remain valid in the process of completing the work. Additional or excluded services may be added by amendment of the agreement. 1) It is assumed FEMA will accept termination of the future LOMR at the north edge of Overland Road with a known differential in flood elevations north (downstream) of Overland Road. Flood elevations higher than FEMA regulatory values were revealed in a separate site- specific study for lands north of Overland Road previously completed by Consultant. The submittal to FEMA will characterize the relative insensitivity of the flood elevations at Overland Road (and upstream) to the flood elevations downstream of Overland Road as a proposed basis for FEMA approval. The City reviewed this finding and proposed submittal approach to retain FEMA values north of Overland Road for purposes of mapping continuity with FEMA Region X staff on December 19, 2008. At that time, FEMA did not object to the approach. 2) It is assumed the City will not enter into a joint LOMR submittal with landowners north of Overland Road to extend the flood study downstream. 3) It is assumed that the flood study of conceptual improvements to I-84 and Eagle Road completed by Connecting Idaho Partners (CIP) is not submitted to FEMA by CIP, the City of Meridian or as a joint submittal with this proposed scope of work. 4) It is assumed the LOMR submittal qualifies for the FEMA definition of "improved methodology and/or data" and is therefore exempt from a submittal fee. Submittal fees, if required by FEMA, would be paid directly by the City to FEMA. 5) It is assumed that no new fill or development will occur within the limits of the flood study after beginning work on the updated hydraulic analysis, any future LOMR submittal, or during the FEMA approval process. Any such fill may require revision of the study. 6) Ada. County will not require revision of the flood study as a condition of the County signing the Community Acknowledgement form for the future LOMR application. 7) The City will obtain permission to survey on private property. 8) FEMA has established regulatory flows for 8 -Mile and 5 -Mile Creeks and those now were used in the 2008 study. It is assumed that FEMA will not require a hydrologic study to modify the flows. 9) The City will provide the Consultant with relevant products prepared by other consultants in conjunction to approvals for the Silverstone developments including a Record of Survey, design plans for construction affecting Eight Mile Creek, and final plats, prior to the Consultant proceeding with the Work. 10) The Nampa and Meridian Irrigation District does not have review or approval authority over the LOMR submittal and neither the City or County will request comment from the District. 11) The City does not need to obtain written or e-mail permission from Kevin Spencer Company for Consultant to use the 2008 study on behalf of City. Permission for use is assumed because of the existing release forms provided by Kevin Spencer Company and signed by the City. 12) City has possession of the reputed 1989 flood study output and it is assumed that no digital version of the model is available based on conversations with contractor that completed the 1989 study. If the City's external data request to FEMA produces a digital HEC -2 model, then it can be imported directly into HEC -RAS with somewhat less effort and data conversion than anticipated in this scope. 13) It is assumed that differences in streamline coordinates between the 1989 and 2008 studies arising from piping of Eight Mile Creek and overland flow paths through parking areas do not significantly affect the computed flood elevations. Based on this assumption, the streamline coordinates in the 1989 study can be retained in the water surface profile in the Flood Insurance Study without having to revise streamline locations in the water surface profile upstream of the study area along the remainder of Eight Mile Creek. 14) No floodway will be delineated on Eight Mile Creek. The current FEMA maps do not designate a floodway on Eight Mile Creek and the 2008 study area has been platted as a subdivision. Property within the contemplated extension of the 2008 study will be subject to City or County requirements for proposed development to demonstrate limitations of base flood elevation surcharges to less than one foot. 15) The City will lead coordination efforts with FEMA including requesting the 1989 model and back-up work products, confirmation of receipt of submittal, establish a FEMA case number and contact person, inquiries as to status of FEMA review and approval. 16) City will develop landowner location, contact summary and FEMA required flood elevation notification letters for properties affected by 2008 study. Consultant will provide City with FEMA template for notification letter. BY: TAMMY de WEERD, MAYOR I )=;: 11f, Uim Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated: Approved as to Form CITY ATTORNEY T-0 Engineers, Inc. BY: Steven E. Holt, cretary Dated: Dated: 0 I* 0 0 in gm, ;D , �M:z 0 Ir - 9 IT ZOE Mo ift ra rF P. ®W p4p I* 0 0 in gm, omo)(Aw Ir - 9 IT ZOE Mo P. ®W p4p I* 0 0 in gm, 0 • April 24, 2009 MERIDIAN CITY COUNCIL MEETING April 28, 2009. APPLICANT rrEM NO. 3-H REQUEST Change Order No. 1 and Change Order No. 2 for Overland Road Sewer and Water Improvements Project for the Amounts of $10,127 & $17,500.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CNy of MeridkuL i O«Ll MERNIAMt ID 83844 CONTRACT CHANGE ORDER change o"W fa N odd. 0819► Date: 3131=8 fuacrM (ISoa: 3/31/28 CONMRACit)R: Ada County HWWAV Olatrid PF"Cr. OvwlmW Road Wdw and 8m w • Topoz to CWardale 1) Traffic MnW siq W befficedles, drums. rnarkw and ftgPm 2) Mobmwtion of trait ow" emomou and pew 3) qty oarhead coot to AqHD a) 5) ftp for Cfine *$afar: Adam' ofterAW C m CONTRACT FmM CHAAitIE IN CONTRACT TWE &' O Coruract f Contract OWAOMM Date: ccrdrdx met dt ises bum wromm cz : Net Days dww form previews C.O's NO. a to g No. 0 to 4 $1.948.00 Co+dracc Pdas Prior to oft C.O.: CordraO CONPA" Cana berme Oft C.O.: $3M 343.90 Conbw Canosban pan befae No cc 0 Nd Days bwasse (decrease) of tits C.O.: Net imveaaa (decrease) of so C.O.: 17.958.65 corwact Pdoa rAh al Apyiaved C.O.'s: Contract comm Daae wo ad Appmved CO.* $318th Co mea Coate Cap vM all Appmw 0 MONSTRUCTf M of (Com) -A uN O '6.—Y�- Byr. - t&.v+ ;L,/ DaW 3__ ode: 14-10 try t NCiL APPt /At. `����� ;-4 �i lGeidr Wads y_ 7_ f>aaa ATWXr SAL fir �yar Tammy de Dew Ll BY Cey Cteak, J44;t�o6yeru9 `�T 15, • �` ��• -7 "$'l/+rN$$1 $10111. 4 t AGREEMENTFOR: ROADWAY CONSTRUCTION I SEWER & WATER UNE IMPROVEMENTS OVERLAND ROAD, TOPAZ AVENUE TO CLOVERDALE ROAD ACRD PROJECT NO. 504002 THIS AGREEMENT made and entered htto MZ—D'day of 2006. by and between the ADA MRM HIGHWAY DISTRICT, by said tt mMh Its Board of Conurdoelonens hershMer celled DISTRICT, as fma party, and the CITY OF MERIDIAN, a munldpal oorporatbn, by and through Its Mayor arni City C=W herehtaiter called MERIDIAN as =mxI party, both Parties being a body poft and =p=mts of the Slate of Idaho. WITNESSFsM WHEREAS. the DISTRICT argil MERIDIAN deNre to undertake a joint etbrt to ahsre the tole anal costs of reconstnoft frmn Overland Road, Tk= Avenue to Cbavwdsle Rom, indult water aunt ewdtwy sir hdelletMne ae detailed In Project Number 604Ud2 herekddtsr rderred to as the CONTRACT. WHEREAS, the DISTRICT Is willing to acaor mclate MERIDIAN'S request by arreaft for hit of the water One and the seNtary sewer pipeline as part of the Pmjed plans so long as Ere DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costa ancl expanses it Inmus as a result of additional work to the Installation of the water lines and the sanitary sewer ptpdrm within the Project bourtdarle% Including but riot Wn ted to, caste for changed oonditimu, Plan enure and ombelons, arnf dekrys amtbulabfe to the water Ihm or the eanitary sewer p1pellne doeW and Installation. 3. DISTRICT SHALL, a. Be the party rile for solicillM, recdft, and opening of We and for execu tg and admhkb rtg the cwtehollot CONTRACT for the roadway recubuctiot, and sonflary sewer and vaster One htdelladon work referenced herein; Paye 1 of 4 0 a Pundsh MERIDIAN with an abobact of all M nem, and obtain MERIDIAN'S UMMMenae with DISTRICTS mwmmwdagan for award of the CONTRACT prior W nakhhg such award; d. Make monthly propose payments and the final CONTRACT payment to the Contraftr in oontomwm with the terms of the consbhtcpan CONTRACT; e. Submit to MERtDlIAN a copy of each Contractor progress payment estimate, as such eatmates are approved by DISTRICT, together with an imm&e for MERIDIAN'S dwe of the cansbuotlon CONTRACT ems eared by arch to be paid to Contractor, f. Pmvlde for the refermahe and r+splacwm t of all pre-md*V sunray nrommm is within the work ww; g. P=Mo the trench cmnpacdon toolln for the sanitary seaesr and water Me facilities from 14Oot above the pipe zone to wAMp de of the roadway sermon; trench cornpectton tasting shall be provided at the ftftum fre*wM rats of one (1) test per five hundfod (5M) Wmal fast per fad of bench depot: pmhvWe all rem requlmd In any area Out does not mot CONTRACT meat mW h. Pm" the fAW survey and grade om*d necessery for construction of the medway. Cwhterft or offals and sWb tng slap be esb6fthed pdor to MERIDIAN staking may► sewer, weber tines, manhole locallom and awvlce Imo. 2. ROMIAN SHALL: a. Be the party rhe W provide the Inspection, field aurvey and grade corft mqulmd for the Installation of all sanitary wmv and water boMles tab" under the CONTRACT and pnovWe ooplos of appropriate tests wW clones to the DWMd Rrood RepmM taws; Ix provide DISTRICT with the consbuetion plans, epeft WovMrhs. and unit lid ghamtttes for the sardbuy swrer and water bo=m t4 be h uh dW in the bid dorxmmft for the CONTRACT (all work required for the sw tbsryt sewer and water ft=w to be perftrml In ow*wmm with that 2DO5 EMm d the hdeho Standards for PuM Wortw Corabuoftn "MC) and to City of MwWWn Standard 6podftftm and DmwhWk. c. Remit to DISTRICT, within thhlyfiva (W colender days after to ddW of invoice thwetbre, all funds for which MERIDIAN W respom" pursuent to the approved final CONTRACT psyma d estimate; F"p2off h d. Remit to DISTRICT Wl* ftrirty6ffvve (36) WJWKW slays after the date of Invoice tier fore, d funds for wMk h MERIDIAN Is rasponeM pursuant to this Agreement e. Rekb nee the DISTRICT, up to a mardmum of $UW.00 for all costs Incurred by the DISTRICT, b kWbrg Wiarhead and berdits, p*at adminlebaticn, cortrpe d —n teeft, and sous work r WhW saleiy for the construction of the aentlary sewer and water awlillm mobilization, traffic Carers►, 4aggin$, demure and weskit' meabp shell be reknk seed on a prorated bculs. The prorated bads for the above Barris will be calculded ueft fife percentne of the MERIDIAN 'S prgd costs as tiny reMe to the ictal pmled consbuctlon cos; f. Be We for gra cad of repefrhtg any trench fellume atlrbrtabie to fthas of sanitary sir and water Mcu wN* the boundaries idem#{ In the Con rad. and be Qable for and tndemnlry fie Dbtrlct for any and all costs and damages resulting from any such trench Idurs: and Irrebrdlat rof sanitary sawar mrd water fines or to ft r enmal of any or all Items than the contract that are associated with ttte installation of t sewer and water ptpellnes. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the aanttary BMW and water Potion of the P>' to be relniftmud to DISTRICT by MERIDIAN shall be based on the ell Warnfitles of wank accapfaNy • arat/W. IrWr W. as determined from field neasurements, and pall for pursuant to iia unk and/or kW Wn Prices establielled in fife Oonb * b. Mf RIDIAM8 app =W will be reWhW for any change onter work Invdvft the sanitary maw orvaterOntrema f All 9lPftM totl f AWeen d represent aad warrant that they have fire Agreement and to bind the agency they represent io the term of thle AWasynerit g. Should either party to fhb Agreerviord be raqutred tD commencsr iegal actin against Bre other to enbrcre the tor= aril CMW&m of this Agmmwl% the tag Party strati be antMW to moon bte alto nWS tees and 000 Incurred In sab aotlorr; h. Any action at law, sub In equity, arbib Wm or 1udt M pnuree ft for the er a lum of Bra Agreement shop be Inatibrtsd only In the courfic of the Stat3s of Idaho. County of Ada; and L This Aweenrent shall be bitsting upon and burrs to Bre benallf of the psmorW millosarbOves, heirs and assons of the WSPSGUM lames hereto, IN W{T 4M HEREOF, Bre parllee hersto have wmmftd tide Agreement cm the day and year herein fhst wdbn. ATTEST ADA COUNTY HIGHWAY DISTRICT C vJ1"Wom.J, t3n81esghiw S ad skive A t DlnclOr ATTEST: CI1Y AF ,itwo i Wofta � Jr. r UitdoftvdCRY �* • � Cif Cvtti•r.�t 2—?. v6 `niiram�n�.a, e Paye a ora 0 • City of Meridian Public Works Dept. Memo To: Jaycee Holman; Tara Green From: Scott Steckline CC: Thomas Bary, Kyle Radek, Clint Dolsby, Karie Glenn, Keith Watts Date: 4/23/2009 Re: Proposed Agenda Item for 4/28/2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the 4/28/2009 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 1 and Chance Order No. 2 for Overland Road Sewer and Water Improvements Proiect. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 & Change Order No. 2 for per the executed cooperative agreement associated with the Overland Road Water and Sewer Improvements Project. For the amounts of $10,127.00 and $17,500.00 and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 Change Order 0 Document G701" - 2001 PROJECT (Name and address): Overland Re -Alignment -Meridian Water Main Meridian, Idaho TO CONTRACTOR (Name and address): Brown Construction, Inc. 6881 Bennett Rd. Nampa, ID 83686 CHANGE ORDER NUMBER: 002 DATE: April 07, 2009 ARCHITECT'S PROJECT NUMBER: 06361 CONTRACT DATE: March 30, 2009 CONTRACT FOR: General Construction OWNER: ARCHITECT: CONTRACTOR: FiELD: ❑ CITY: THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) The original Contract Sum was The net change by previously authorized Change Orders $ 210,127,00 The Contract Sum prior to this Change Order was $ 245,303.90 The Contract Sum will be increased by this Change Order in the amount of $ 17500,00 The new Contract Sum including this Change Order will be $ 262,803.90 The Contract Time will be increased by Zero ( 0 ) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTiL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. The Land Group, Inc. Brown Construction, inc. Linder 109, LLC ARCHITECT (Firms name) CONTRACTOR (Firm name) OWNER (Firm name) 462 E. Shore Dr., Suite 100, Eagle, Idaho 83616 ADDRESS BY ( .8,7tare) J nsmer (Typed name) 6881 Bennett Rd., Nampa, ID 83686 1560 Carol Street, Meridian, ID 83646 ADDRESS. ADDRESS BY (Signature) BY (Signature) Mike Brown Jim Jewett (Typed name) (Typed name) April 07, 2009 4 _ DATE DATE DATE AIA Document G701 *d — 2001. Copyright ®1979, 1987.2000 and 2001 by The American Institute of Archftects. All rights reserved. WAFiKIM This AIA". Document Is protected by U.S. Copyright Low and International iJr tiled reproduction or distriiliHlott; AtA' docuro t, or any It m portion of ay result In severe civil and criminal pena$ies, and will be prosewted to the nra mpm extent posui9nle under the 10ML This document was produced by software at 09:07:18 on 04/07AWN. under Order No. 1000394071 t1 which 9*res on 4r"l0, and is not for resale. User Notes: (1056017789) Chanee Order #002 April 7, 2009 General Overland Rd. - Steel Casings for Water Main (Water Plans Sheets C3.01 to C3.03) Description: ITEM NO. ITEM DESCRIPTION ITEM QTY UNIT ITEM PRICE 11 ITEM TOTAL C1 20" STEEL CASING PIPE, RIDENBAUGH CROSSING 60 LF $ 125.00 $7,500 C2 20" STEEL CASING PIPE, WILLIAMS PIPELINE CROSSING 80 LF $ 125.00 $10,000 CHANGE ORDER #001 TOTAL $ 17,500 Change Order #002 Overland Re -Alignment Page 1 of 1 Meridian Water Main 0 C �._ Document G701ria - 2001 Change Order PROJECT (Nance and address): Overland Re -Alignment - Meridian Water Main Meridian, Idaho TO CONTRACTOR (Name and address): Brown Construction, Inc. 6881 Bennett Rd. Nampa, ID 83686 CHANGE ORDER NUMBER: 001 DATE: April 07, 2009 ARCHITECT'S PROJECT NUMBER. 06361 CONTRACT DATE: March 30, 2009 CONTRACT FOR: General Construction OWNER: to ARCHITECT: CONTRACTOR: FIELD: ❑ CITY: THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Per attached breakdown. The original Contract Sum was The net change by previously authorized Change Orders $ 235,170:00 The Contract Sum prior to this Change Order was $ ___2&176.90 .176.90 The Contract Sum will be increased by this Change Order in the amount of $ 10,127.00 The new Contract Sum including this Change Order will be $ 245,303.90 The Contract Time will be increased by Zero ( 0 ) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER, The Land Group, Inc. Brown Construction, Inc. Linder 109, LLC ARCHITECT (Fire name) CONTRACTOR (Finn name) OWNER (Firm name) 462 E. Shore Dr., Suite 100, Eagle, Idaho 83616 (7j ped name) 6881 Bennett Rd., Nampa, ID 83686 1560 Carol Street, Meridian, ID 83646 ADDRESS ADDRESS BY (Signature) BY (Signature) Mike Brown (Typed name) Jim Jewett (Typed name) April 07, 2009 April 07, 2009 April 07, 2009 1 DATE DATE DATE AIA Document 0701'm - 2001. Copyright 01979,1987, 20M and 2001 by The American Institute of Architects. All rights reserved. WARNING: Thls. A10 Document le protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or d iffiugo of this ASA® Dccumenl, or tiisy portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum eaternt possible ander the leas. This document was produced by AIA software at 09:0827 on 04107/2009 under Order No.1000394071_1 aahkh expires on 41°1=10, and Is not fol resale, User Notes: (1038066762) 0 • Chane Order #001 January 15, 2009 General Overland Rd. - Water Ancillary Construction (Roadway Plans Sheets C3.01 to C3.07) Description: E ITEM DESCRIPTION ITEM QTY UNIT [I ITEM PRICE ITEM TOTAL B3 8" PIPE, C-900 PVC (OVERLAND RD) 85 FIRE HYDRANT ASSEMBLY (OVERLAND RD) Change Order #001 Page 1 of 1 5�LF $ 13.00 - $455 31 EA 1 $ 3,224.00 1 $9,672 CHANGE ORDER #001 TOTAL 10,127 Overland Re -Alignment Meridian Water Main 0 0 COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT 12 -INCH WATER MAIN FROM THE INTERSECTION OF OVERLAND AND LINDER ROADS WEST APPROXIMATELY 5000 FEET THIS AGREEMENT made this j0 -'da of �P Y 2009, by and between the CITY OF MERIDIAN, a municipalcorporation, hereinafter called "CITY," and JW Enterprhum, Inc., hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct approximately 6,000 feet of 12 -inch water main, along Overland Road, to be owned, operated, and maintained by CITY to serve DEVELOPER's property, South Ridge Subdivisions- (shown on Exhibit "A"), and has requested reimbursement for a portion of the 12 -inch water main; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the said 12 -inch water main system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Preparafion of Plans. B. DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of the 12 -Inch water main system (hereinafter called uProject7), shown on preliminary plans (hereinafter called "Exhibit "131, including rights-of-way, grades and elevation, and materials used in the construction and installation of said Project. Final Approval of Plans. Prior to commencement of construction, CITY shall approve or reject, in its discretion, the Project plans. CITY and DEVELOPER shall acknowledge in writing the final plans, Page 1 of 11 0 • and said plans shall not thereafter be modified in any material way unless such modifications are approved in writing signed by CITY and DEVELOPER. C. Solicitation of Bids. DEVELOPER will solicit bids for construction using the City Purchasing Department's bid procedures at a minimum. DEVELOPER Shall work with the City Purchasing Manager in developing the bid and establishing a due date. A representative of the City Purchasing Department must attend the bid opening. DEVELOPER will award the construction contract to the lowest responsible bidder after obtaining concurrence from the CITY Purchasing Manager of low bidder and City Council approval. D. Contract Terms. DEVELOPER shall provide CITY with a copy of the executed construction contract(s) prior to the start of any construction. All construction contract(s) shall include, at a minimum, the following provisions: 1. A requirement that the contractor provide payment and performance bonds in the amount of one hundred percent (100%) of the total Project cost naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor as required by Idaho State Statute 54-1902. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete by June 1, 2009. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. 4. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement (f) any request for extension of time approved in writing by CITY. 5. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with. limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and properly damage with a limit of One Million Dollars ($1,000,000.00) per occurrence, naming the City as an additional insured and provide a certificate of said insurance prior to the start of construction. Said requirement is extinguished upon acceptance of Project by City. 6. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. Page 2 of 11 7. - A provision. that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. 8. A provision providing at least a one (1) year warranty on the operation and materials of the Project, which warranty shall be assignable to CITY, to be secured by the posting of a performance bond in favor of City upon project completion. in the amount of ten percent '(10%) of the total Project cost. E. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: 1. Prior to the start of construction in 2009 the DEVELOPER shall secure financial surety acceptable to ACHD guaranteeing the completion of the Overland Road realignment project. 2. DEVELOPER shall provide proof to CITY that the completion of the Overland Road realignment project has not been canceled or postponed. 3. DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, which approval may be withheld for any reason, including but not limited to DEVELOPER's failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld. 4. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. F. DEVELOPER and CITY Resaonsibift for Costs. Because the DEVELOPER will construct the Project, as shown on Exhibit "B", it is mutually agreed that the cost of the Project will be subject to actual cost verification by CITY. DEVELOPER shall fund 100% of the cost of the Project, estimated at $229,896.90. The City will reimburse the DEVELOPER for 50% of the project estimate (subject to cost verification) less an administration fee of $9,384.60 as listed in paragraph J. G. Construction of the Proleci. 1. DEVELOPER shall install and construct the Project in compliance with and subject to all conditions provided herein. Page 3 of 11 2. DEVELOPER shall obtain and/or provide all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. DEVELOPER shall undertake and/or provide all testing, sampling and other normally conducted measures for quality control/quality assurance regarding any and all installed systems. 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards. H. change Orders to Construction Contract. DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and DEVELOPER shall execute an amendment to this Agreement to reflect how the cost savings will be allocated between CITY and DEVELOPER. 1. Completion of the Prosect. 1. It is the desire of the City and in agreement with the Developer that this project be substantially completed by June 30, 2009 to be in alignment with the Ada County Highway District's needs for the road system in this area. The DEVELOPER and the CITY discussed and agreed to this completion date on September 16, 2008 in a City Council meeting. 2. Upon final completion of the Project, DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate Of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non -conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non -conforming matters. 3. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as -built drawings for the Project in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. 4. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. Page 4 of 11 0 , 5. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. 6. Upon completion of the Project, CITY shall issue an approval letter accepting ownership to DEVELOPER. J. Reimbursement. to DEVELOPER. Because DEVELOPER will construct the Project, CITY shall reimburse to DEVELOPER 50% 50% of the project estimate (subject to cost verification) less an administration fee of $9,384.60 as listed below. Construction Cost $229,896.90 City portion of Construction Cost $115,214.20 Less Administration fee of -$ 9,384.60 Design & Engineering Costs $ 12,806.25 Soft Costs $ 10,220.38 Total City Responsibility $128,856.23 CITY to pay $100,000.00 to DEVELOPER within thirty (30) Day's upon project completion, which shall be no later than June 30, 2009 unless delay is caused by something outside the control of the DEVELOPER, and CITY's acceptance of the project. The City shall not be obligated to pay any amount after June 30, 2009 unless the DEVELOPER can prove to the CITY that they delay was outside of his control. If such showing is made the CITY may allow for a reasonable period of time to cure the default and shall pay this amount at the later designated date. The CITY Project Manager will conduct an audit of this agreement on a quarterly basis, beginning three months from the date of this agreement, and reimburse the DEVELOPER the remainder of the-CITY's responsibility in accordance with this agreement from the assessment fees -collected during the audit period for the DEVELOPERS property, South Ridge Subdivision. K. Term of Aureement. Payments shall continue under this agreement for a period of 5 (five) years from the date of execution of this agreement by CITY, or until DEVELOPER is reimbursed the full amount of $128,856.23, whichever occurs first. The City ordinance in effect at the time of -execution of this agreement does not allow the term of this agreement to extend beyond 5 (five) years. If the DEVELOPER has not been reimbursed the estimated amount as shown above after five.(5) years from the date of this agreement, and if the CITY ordinance has been amended to allow this agreement to be extended beyond a five year period, then this agreement may be extended by mutual Agreement of the CITY and the DEVELOPER. This provision is intended to allow CITY to Page 5 of 11 • 0 consider extending this agreement if allowed by ordinance and does not commit CITY to agree to such an extension if allowable. L. Water and Sewer Lines on DEVELOPER's Propertv. As a condition for CITY entering this Agreement, DEVELOPER has or will request and submit to inspections by the Public Works Department and/or the Building Department of CITY whenever a building is to be connected to any and all portions of the Project constructed and installed on and/or within DEVELOPER's property. M. Compliance with Laws. 1. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at DEVELOPER's sole expense shall obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement. 2. Upon connection to the City of Meridian water and sanitary system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to water and sanitary sewer systems. N. Indemnlification and Insurance. DEVELOPER shall include in all contracts between DEVELOPER and the contractors the indemnification and insurance requirements as set forth in this paragraph. All contractors shall indemnify and save and hold harmless CITY and DEVELOPER from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and' losses and expenses caused or incurred by contractors, their servants, agents, employees, guests, and/or business invitees, and not caused by.or arising out of tortious conduct of CITY or its employees or its DEVELOPER. In addition all contractors shall maintain, and specifically agrees that it will maintain, throughout the pendency of this Agreement, liability insurance in which CITY and DEVELOPER shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. "The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY and DEVELOPER, and if CITY and DEVELOPER become liable for an amount in excess of the insurance limits herein provided City and DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions and/or judgments for damages and/or liability to persons and/or property. DEVELOPER shall provide CITY with a certificate of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of insurance with the City Purchasing Manager. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify Page 6 of 11 0 • DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. City hereby indemnifies and saves and holds harmless DEVELOPER from and for any and all losses, claims, actions judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by CITY, its servants, agents, employees, and those parties under the control or direction of the CITY. The duty to indemnify shall also include the duty to defend DEVELOPER at the CITY'S cost. O. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. P. Remedies upon Defaults 1. Default by DEVELOPER. In addition to such other remedies at law or in equity that CITY may have, in the event DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default by ClTY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to all remedies available at law or in equity. Q. Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attomeys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same may be included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. R. Notices. Page 7 of 11 0 Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: City Engineer City of Meridian 33 E. Broadway Ave, Suite # 102 Meridian, Idaho 83642 with copy to: Purchasing Manager City of Meridian 33 E. Broadway Ave, Suite # 106 Meridian, Idaho 83642 DEVELOPER: JLJ Enterprises Inc. 1560 Carol Street Meridian, Idaho 83642 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. S. Governing Law. This Agreement shall be governed by and construed in accordance with the laws, of the State of Idaho and the ordinances of the City of Meridian. T. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. U. Entire Aareement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and Page 8 of 11 no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. V. Definition of DEVELOPER's Prone . The term "DEVELOPER's Property" in the Agreement shall mean the parcels shown on Exhibit W attached hereto, and more specifically all of the property included in the South Ridge Subdivision. W. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. X. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shalt furnish to CITY such statements, records, reports, data and information as the CITY may. request pertaining to matters covered by this Agreement. Y. Audits and Inspections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examinatign all of DEVELOPER's. records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy 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. Z. Construction and Severabillty. 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. Page 9 of 11 IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: JLJ Enterprises, Inc Name (printed I Signature CITY: BY:/��",P TAMMY de WPM, MAYOR 7 ;.. Title Date e Date ° z o 1 S%, O Approved as to Content H WATTS, PURCHASING MANAGER Dated: - i 2 - 09 Page 10 of 11 )ss County of Ada ) STATE OF IDAHO ) On this 12 V� day of kVIC k 2009, before me the undersigned, a Notary Public in and for said State, personally appeared acne: L, -sip we f+ known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. _-At k. Notary PublV For Idaho Residing at: 1144.oa, T o Commission Expires:_ 1 _ STATE OF IDAHO ) ) ss County of Ada ) On this 1 day of- C" L. ,2009, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAGEE I 67C_Ce'^ HeLIVIAN, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me -that they executed the same on behalf of the City of Meridian t IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Not _ Public Residing at: t y1 ; c!; Commission Expires: (, d CA 1 -2 in i -a Page 11 of 11 tt®9t®9 9 e•,�9t`r7ageg Le P O � �aaepp9eatg6s$��� •�� �AF� 898tt 6Sttt� April 24, 2009 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT ITEM NO. S -I REQUEST Approval of New Beer, Wine & Liquor License for Sa Wa Dee AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 0 April 24, 2009 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT ITEM NO. S -J REQUEST Approval of New Beer and Wine Owner Transfer from Double D Home and Ranch to Ridgewood Enterprises dba Legacy Feed & Fuel AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 24, 2049 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT ITEM NO. S -K REQUEST Mutual Aid and Assistance Agreement for Idaho Intrastate Water Wastewater Aaencv Resoonse Network (IDWARN) 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: Seemached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shcdl become properly of the City of Meridian. 0 i MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK (IDWARN) This Mutual Aid and Assistance Agreement for the Idaho Intrastate Water/Wastewater Agency Response Network (this "Agreement") is made and entered into by public and private water and wastewater utilities and other interested parties that have, by executing this Agreement, manifested their intent to participate in the Program. RECITALS A. Idaho Code section 67-2335 authorizes one or more public agencies to contract to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform. B. Insuring that water and wastewater systems provide and maintain water and wastewater services that promote the safety, health, comfort and convenience of the residents and visitors of Idaho communities is a fundamental function of government. C. Utilities in Idaho have a duty to provide and maintain their service to promote the safety, health, comfort and convenience of patrons, employees, and the public. D. The private and public entities executing this Agreement receive a reciprocal benefit by establishing processes to provide and receive assistance in advance of an emergency. AGREEMENT NOW, THEREFORE, in consideration of the covenants and obligations set forth in this Agreement, and the recitals set forth above, which are incorporated herein as if set forth in full, the parties agree as follows. ARTICLE 1. PURPOSE Recognizing that emergencies may require aid or assistance in the form of personnel, equipment, and supplies from outside the area of impact, the signatory utilities hereby establish the Program. Through the Program, Members coordinate response activities and share resources during emergencies. This Agreement sets forth the procedures and standards for the administration of the Program. MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 1 030609 0 0 ARTICLE H. DEFINITIONS A. Authorized Official: An employee or officer of a Member that is authorized to: 1. Request assistance; 2. Offer assistance; 3. Refuse to offer assistance; or, 4. Withdraw assistance under this Agreement. B. Emergency: A natural or human caused event or circumstance causing, or imminently threatening to cause, loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation emergencies, disease, blight, infestation, civil disturbance, riot, international acts, sabotage and war that is, or could reasonably be beyond the capability of the services, personnel, equipment and facilities of a Program Member to fully manage and mitigate internally. C. Members: 1. Member. Any public or private water or wastewater utility that manifests intent to participate in the Program by executing this Agreement. 2. Associate Member: Any non-utility participant approved by the Statewide Committee that provides a support role for the Program, is a member of the Statewide Committee established under Article III, and that has executed this Agreement as an Associate Member. 3. Requesting Member: A Member who requests aid or assistance under the Program. 4. Responding Member: A Member who requests aid or assistance under the Program. 5. Non -res op nding Member: A Member or Associate Member that does not provide aid or assistance during a Period of Assistance under the Program. D. Confidential Information: Any document shared with any signatory of this Agreement that is marked confidential, including but not limited to any map, report, notes, papers, opinion, or e-mail which relates to the system vulnerabilities of a Member or Associate Member. E. Period of Assistance: A specified period of time when a Responding Member assists a Requesting Member. The period commences when personnel, equipment, or supplies depart from Responding Member's facility and ends when the personnel, equipment, or supplies return MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 2 030609 9 0 to such facility (portal to portal). All protections identified in the Agreement apply during this period. The Period of Assistance may occur during response to or recovery from an Emergency. F. Program. The interstate program for mutual aid and assistance established by this Agreement. G. National Incident Management System MS): A national, standardized approach to incident management and response that sets uniform processes and procedures for emergency response operations. ARTICLE III. ADNBMSTRATION The Program shall be administered through a Statewide Committee. The Statewide Committee, under the leadership of an elected chairperson, shall meet at least annually to address Program issues. The Statewide Committee shall also meet at least annually to review emergency preparedness and response procedures. The Statewide Committee shall represent the interests of the Members and Associate Members. In addition, the Statewide Committee includes representatives from the following: United States Environmental Protection Agency (USEPA); American Water Works Association (AWWA); Federal Bureau of Investigation (FBI); Idaho Department of Environmental Quality (IDEA); Idaho Air National Guard; Bureau of Homeland Security (BHS); Idaho Rural Water Association (IRWA); Idaho Emergency Management Association (IFMA). Under the leadership of the chairperson, the Statewide Committee members shall plan and coordinate emergency planning and response activities for the Program. At its first meeting, the Statewide Committee shall establish initial membership of the committee and procedures for administration of the Statewide Committee, including meeting procedures and voting procedures. ARTICLE IV. PROCEDURES In coordination with the Idaho emergency management and the Idaho public health system, the Statewide Committee shall develop operational and planning procedures for the Program. The procedures shall be reviewed at least annually and updated as needed by the Statewide Committee. ARTICLE V. REQUESTS FOR ASSISTANCE A. Member Responsibility. Members shall identify an Authorized Official and alternates; provide contact information including twenty-four hour access; and, maintain resource MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 3 030609 information that may be available from the Member for mutual aid and assistance response. The contact information shall be updated annually, or when changes occur, and provided to the Statewide Committee. In the event of an Emergency, a Member's Authorized Official may request mutual aid and assistance from a participating Member. Requests for assistance can be made orally or in writing. When made orally, the request for personnel, equipment or supplies shall be prepared in writing as soon as practicable. Requests for assistance shall be directed to the Authorized Official of the participating Member. Specific protocols for requesting aid shall be provided in the procedures prepared under Article IV. B. Response to a Request for Assistance. Members are not obligated to respond to a request. After a Member receives a request for assistance, the Authorized Official will evaluate whether or not to respond, whether resources are available to response, or if other circumstances would hinder response. Following the evaluation, the Authorized Official shall inform, as soon as possible, the Requesting Member whether it will respond. If the Member is willing and able to provide assistance, the Member shall inform the Requesting Member about the type of available resources and the approximate arrival time of such assistance. C. Discretion of Responding Member's Authorized Official. Execution of this Agreement does not create any duty to respond to a request for assistance. When a Member receives a request for assistance, the Authorized Official shall have sole and absolute discretion as to whether or not to respond, or the availability of resources to be used in such response. An Authorized Official's decisions on the availability of resources shall be final. ARTICLE VI. RESPONDING MEMBER PERSONNEL A. National Incident Management System. When providing assistance under this Agreement, the Requesting Member and the Responding Member shall be organized and shall function under the National Incident Management System. B. Control. While employees so provided may be under the supervision of the Responding Member, the Responding Member's employees come under the direction and control of the Requesting Member, consistent with the NIMS Incident Command System to address the needs identified by the Requesting Member. The Requesting Member's Authorized Official shall coordinate response activities with the designated supervisor(s) of the Responding Member(s). The Responding Member's designated supervisor(s) must keep accurate records of work performed by personnel during the specified Period of Assistance. C. Food and Shelter. Whenever practical, Responding Member personnel must be self sufficient for up to seventy-two (72) hours. When possible, the Requesting Member shall supply reasonable food and shelter for Responding Member personnel. If the Requesting Member is unable to provide food and shelter for Responding Member personnel, the Responding Member's designated supervisor is authorized to secure the resources necessary to meet the MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATERIWASTEWATER AGENCY RESPONSE NETWORK - 4 030609 needs of its personnel. Except as provided below, the cost for such resources must not exceed the per diem reimbursement rates published by the State of Idaho Board of Examiners for the applicable period and location. To the extent food and shelter costs exceed Board of Examiners' per diem rates, the Responding Member must demonstrate that the additional costs were reasonable and necessary under the circumstances. Unless otherwise agreed to in writing, the Requesting Member remains responsible for reimbursing the Responding Member for all reasonable and necessary costs associated with providing food and shelter, if such resources are not provided by the Requesting Member. D. Communication. The Requesting Member shall provide Responding Member personnel with radio equipment as available, or radio frequency information to program existing radios, in order to facilitate communications with local responders and Member personnel. E. Status. Unless otherwise provided by law, the Responding Member's officers and employees retain the same privileges, immunities, rights duties and benefits provided in their respective jurisdictions. F. Licenses and Permits. To the extent permitted by law, Responding Member personnel that hold licenses, certificates, or permits evidencing professional, mechanical, or other skills shall be allowed to carry out activities and tasks relevant and related to their respective credentials during the specified Period of Assistance. G. Right to Withdraw. The Responding Member's Authorized Official retains the right to withdraw some or all of its resources at any time for any reason in the Responding Member's sole and absolute discretion. Notice of intention to withdraw must be communicated to the Requesting Member's Authorized Official as soon as is practicable under the circumstances. ARTICLE VII. COST REIMBURSEMENT The Requesting Member shall reimburse the Responding Member for each of the following categories of costs incurred during the specified Period of Assistance as agreed in whole or in part by both parties; provided, that any Responding Member may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the Requesting Member without charge or cost when permitted by law to make such donation. A. Personnel. The Responding Member shall be reimbursed by the Requesting Member for personnel costs incurred for work performed during the specified Period of Assistance. Responding Member personnel costs shall be calculated according to the terms provided in their employment contracts or other conditions of employment. The Responding Member's designated supervisor(s) must keep accurate records of work performed by personnel during the specified Period of Assistance. Requesting Member reimbursement to the Responding Member should consider all personnel costs, including salaries or hourly wages, costs for fringe benefits, and indirect costs. MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATERWASTEWATER AGENCY RESPONSE NETWORK - 5 030609 B. Equipment. The Requesting Member shall reimburse the Responding Member for the use of equipment during the specified Period of Assistance, including, but not limited to, reasonable rental rates, all fuel, lubrication, maintenance, transportation, and loading and unloading of loaned equipment. All equipment shall be returned to the Responding Member in good working order as soon as is practicable and reasonable under the circumstances. As a minimum, rates for equipment use must be based on the Federal Emergency Management Agency's (FEMA) Schedule of Equipment Rates. If a Responding Member uses rates different from those in the FEMA Schedule of Equipment Rates, the Responding Member must provide such rates orally or in writing to the Requesting Member prior to supplying the equipment. Mutual agreement on which rates are used must be reached in writing prior to dispatch of the equipment. Reimbursement for equipment not referenced on the FEMA Schedule of Equipment Rates must be developed base on actual recovery of costs. If Responding Member must lease a piece of equipment while its equipment is being repaired, Requesting Member shall reimburse Responding Member for such rental costs. C. Materials and Supplies. The Requesting Member must reimburse the Responding Member in kind or at actual replacement cost, plus handling charges, for use of expendable or non -returnable supplies. The Responding Member must not charge direct fees or rental charges to the Requesting Member for other supplies and reusable items that are returned to the Responding Member in a clean, damage -free condition. Reusable supplies that are returned to the Responding Member with damage must be treated as expendable supplies for purposes of cost reimbursement. D. Payment Period. The Responding Member must provide an itemized bill to the Requesting Member for all expenses incurred by the Responding Member while providing assistance under this Agreement. The Requesting Member must send the itemized bill not later than ninety (90) days following the end of the Period of Assistance. The responding Member may request additional periods of time within which to submit the itemized bill, and Requesting Member shall not unreasonably withhold consent to such request. The Requesting Member must pay the bill in full on or before the forty-fifth (45h) day following the billing date. The Requesting Member may request additional periods of time within which to pay the itemized bill, and Responding Member shall not unreasonably withhold consent to such request, provided, however, that all payment shall occur not later than one (1) year after the date a final itemized bill is submitted to the Requesting Member. E. Records. Unless prohibited by law, each Responding Member and their duly authorized representatives shall have access to a Requesting Member's books, documents, notes, reports, papers and records which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial, maintenance or regulatory audit. Unless prohibited by law, each Requesting Member and their duly authorized representatives shall have access to a Responding Member's books, documents, notes, reports, papers and records which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial, maintenance or regulatory audit. Such records shall be maintained for at least three (3) years or longer where required by law. MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 6 030609 • 0 ARTICLE VIII. DISPUTES If any controversy or claim arises out of, or relates to the execution of the Agreement, including but not limited to alleged breach of the Agreement, the disputing Members shall first attempt to resolve the dispute by negotiation. ARTICLE IX. REQUESTING MEMBER'S DUTY TO INDEMNIFY Members who are public entities shall be subject to this Article only to the extent permitted by law. Specifically, the duty of a public entity to defend, indemnify or hold harmless any party shall not be extended beyond the appropriation of expenditures for such duty as required by law, including Idaho Code section 59-1015 and Article VIII, Section 4 of the Idaho Constitution. Further, the liability of a public entity shall not be increased by this Article beyond the extent required by the Idaho Tort Claims Act, Idaho Code title 6 chapter 9. The Requesting Member who is not a public entity shall assume, to the extent allowed by the Idaho Public Utilities Commission, the defense of, and fully indemnify and hold harmless the Responding Member, its officers and employees, form all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from Responding Member's work during a specified Period of Assistance. The scope of the Requesting Member's duty to indemnify includes, but is not limited to, suits arising from, or related to negligent or wrongful use of equipment or supplies on loan to the Requesting Member, or faulty workmanship or other negligent acts, errors or omissions by Requesting Member or the Responding Member personnel. The Requesting Member's duty to indemnify is subject to, and shall be complied consistently with, the conditions set forth in Article X. ARTICLE X. SIGNATORY INDEMNIFICATION Members who are public entities shall be subject to this Article only to the extent permitted by law. Specifically, the duty of a public entity to defend, indemnify or hold harmless any party shall not be extended beyond the appropriation of expenditures for such duty as required by law, including Idaho Code section 59-1015 and Article VIII, Section 4 of the Idaho Constitution. Further, the liability of a public entity shall not be increased by this Article beyond the extent required by the Idaho Tort Claims Act, Idaho Code title 6 chapter 9. In the event of liability, claim, demand, action, or proceeding of whatever kind or nature arising out of a specified Period of Assistance, the Members who are not public entities and receive and provide assistance shall, to the extent allowed by the Idaho Public Utilities Commission, have a duty to defend, indemnify, save and hold harmless all Non -responding MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 7 030609 • 0 Members, their officers, agents and employees from any liability, claim, demand, action, or proceeding of whatever kind or nature arising out of a Period of Assistance. ARTICLE XI. WORKER'S COMPENSATION CLAIMS The Responding Member is responsible for providing worker's compensation benefits and administering worker's compensation for its employees. The Requesting Member is responsible for providing worker's compensation benefits and administering worker's compensation for its employees. ARTICLE XII. NOTICE A party who becomes aware of a claim or suit that in anyway, directly or indirectly, contingently or otherwise, affects or might affect other Members or Associate Members of this Agreement shall provide prompt and timely notice to the Members or Associate Members who may be affected by the suit or claim. Each Member and Associate Member reserves the right to participate in the defense of such claims or suits as necessary to protect its own interests. ARTICLE XIII. INSURANCE Members of this Agreement shall maintain an insurance policy or maintain a self insurance program that covers activities that it may undertake by virtue of membership in the Program. ARTICLE XIV. CONFIDENTIAL INFORMATION To the extent authorized by law, including the Idaho Public Records Laws, Idaho Code sections 9-337 through 9-350, any Member or Associate Member shall maintain the strictest confidence and shall take all reasonable steps necessary to prevent the disclosure of any Confidential Information disclosed under this Agreement. If any Member, Associate Member, third party or other entity request or demands, by subpoena or otherwise, that a Member or Associate Member disclose any Confidential Information disclosed under this Agreement, the Member or Associate Member shall immediately notify the owner of the Confidential Information and shall take all reasonable steps necessary to prevent the disclosure of any Confidential Information by asserting all applicable rights and privileges with respect to such information and shall cooperate fully in any judicial or administrative proceeding relating thereto. ARTICLE XV. EFFECTIVE DATE MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 8 030609 This Agreement shall be effective after the applicant's authorized representative executes this Agreement and the Statewide Committee receives and approves the admission of the applicant. The Statewide Committee chair shall maintain a master list of all Members and Associate Members of the Program. ARTICLE XVI. WITHDRAWL A Member or Associate Member may withdraw from this Agreement by providing written notice of its intent to withdraw to the Statewide Committee chair. Withdrawal takes effect sixty (60) days after the Statewide Committee chair receives notice. Withdrawal from this Agreement shall in no way affect a Requesting Member's duty to reimburse a Responding Member for cost incurred during a Period of Assistance, which duty shall survive such withdrawal. ARTICLE XVII. MODIFICATION No provision of this Agreement may be modified, altered or rescinded by individual parties of this Agreement. Modifications to this Agreement may be due to programmatic operational changes to support the Agreement, legislative action, creation of an interstate aid and assistance agreement, or other developments. Modifications require a simple majority vote of the Members. The Statewide Committee chair must provide written notice to all Members and Associate Members of approved modifications to this Agreement. Approved modifications take effect sixty (60) days after the date upon which notice is sent to the Members and Associate Members. ARTICLE XVIII. SEVERABILITY The parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced if the Agreement did not contain he particular term or provision held to be invalid. ARTICLE XIX. PRIOR AGREEMENTS This Agreement supersedes all prior Agreements between Members to the extent that such prior Agreements are inconsistent with this Agreement. ARTICLE XX. MISCELLANEOUS MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 9 030609 A. No Third Party Beneficiaries. This Agreement is for the sole benefit of the Members and no person or entity has any rights under this Agreement as a third party beneficiary. B. Assignment Prohibited. No party may assign benefits or delegate duties created by this Agreement and such assignments and delegations are without effect. C. No Authority to Bind Other Parties or Partnership. Neither the Program nor any party has the authority to enter into contracts or agreements on behalf of one or more parties to this Agreement. This Agreement does not create a partnership between the parties and nothing contained herein shall be interpreted to create an employer-employee, master -servant, a joint venture, or principal -agent relationship between any party in any respect. ARTICLE XII. INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS To the extent practicable, Members of this Agreement shall participate in mutual aid and assistance activities conducted under the Program and the Interstate Emergency Management Assistance Compact (SMAC). Members may voluntarily agree to participate in an interstate mutual aid and assistance program for water and wastewater utilities through this Agreement if such a program were established. IN WITNESS WHEREOF, the Members and Associate Members executing a signature page attached hereto have entered into this Agreement effective as set forth in Article XV above. This Agreement may be executed in counterparts by the execution of signature pages. Each such counterpart shall be deemed as an original all of which together with the terms herein shall be considered one and the same Agreement. [Signature Pages Follow] MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 10 030609 0 0 SIGNATURE PAGE MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK (H)WARN) (Organization e) r_ SEAL B SE L Its CR 1 ®®��ST 1st • ice' .ro Pate: CIO ' 7 `O{� \\\`•. i IVA SIGNATURE PAGE MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 11 040208 1230 I C.! � (r �ylGL • • MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK (IDWARN) This Mutual Aid and Assistance Agreement for the Idaho Intrastate Water/Wastewater Agency Response Network (this "Agreement') is made and entered into by public and private water and wastewater utilities and other interested parties that have, by executing this Agreement, manifested their intent to participate in the Program. RECITALS A. Idaho Code section 67-2335 authorizes one or more public agencies to contract to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform. B. Insuring that water and wastewater systems provide and maintain water and wastewater services that promote the safety, health, comfort and convenience of the residents and visitors of Idaho communities is a fundamental function of government. C. Utilities in Idaho have a duty to provide and maintain their service to promote the safety, health, comfort and convenience of patrons, employees, and the public. D. The private and public entities executing this Agreement receive a reciprocal benefit by establishing processes to provide and receive assistance in advance of an emergency. AGREEMENT NOW, THEREFORE, in consideration of the covenants and obligations set forth in this Agreement, and the recitals set forth above, which are incorporated herein as if set forth in full, the parries agree as follows. ARTICLE 1. PURPOSE Recognizing that emergencies may require aid or assistance in the form of personnel, equipment, and supplies from outside the area of impact, the signatory utilities hereby establish the Program. Through the Program, Members coordinate response activities and share resources during emergencies. This Agreement sets forth the procedures and standards for the administration of the Program. MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 1 030609 C� ARTICLE II. �J A. Authorized Official: An employee or officer of a Member that is authorized to: 1. Request assistance; 2. Offer assistance; 3. Refuse to offer assistance; or, 4. Withdraw assistance under this Agreement. B. Emergency: A natural or human caused event or circumstance causing, or imminently threatening to cause, loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation emergencies, disease, blight, infestation, civil disturbance, riot, international acts, sabotage and war that is, or could reasonably be beyond the capability of the services, personnel, equipment and facilities of a Program Member to fully manage and mitigate internally. C. Members: 1. Member. Any public or private water or wastewater utility that manifests intent to participate in the Program by executing this Agreement. 2. Associate Member: Any non-utility participant approved by the Statewide Committee that provides a support role for the Program, is a member of the Statewide Committee established under Article III, and that has executed this Agreement as an Associate Member. 3. Requesting Member: A Member who requests aid or assistance under the Program. 4. Responding Member: A Member who requests aid or assistance under the Program. 5. Non -responding Member: A Member or Associate Member that does not provide aid or assistance during a Period of Assistance under the Program. D. Confidential Information: Any document shared with any signatory of this Agreement that is marked confidential, including but not limited to any map, report, notes, papers, opinion, or e-mail which relates to the system vulnerabilities of a Member or Associate Member. E. Period of Assistance: A specified period of time when a Responding Member assists a Requesting Member. The period commences when personnel, equipment, or supplies depart from Responding Member's facility and ends when the personnel, equipment, or supplies return MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 2 030609 to such facility (portal to portal). All protections identified in the Agreement apply during this period. The Period of Assistance may occur during response to or recovery from an Emergency. F. Pry. The interstate program for mutual aid and assistance established by this Agreement. G. National Incident Management System MMS): A national, standardized approach to incident management and response that sets uniform processes and procedures for emergency response operations. ARTICLE III. ADMINISTRATION The Program shall be administered through a Statewide Committee. The Statewide Committee, under the leadership of an elected chairperson, shall meet at least annually to address Program issues. The Statewide Committee shall also meet at least annually to review emergency preparedness and response procedures. The Statewide Committee shall represent the interests of the Members and Associate Members. In addition, the Statewide Committee includes representatives from the following: United States Environmental Protection Agency (USEPA); American Water Works Association (AWWA); Federal Bureau of Investigation (FBI); Idaho Department of Environmental Quality (IDEA); Idaho Air National Guard; Bureau of Homeland Security (BHS); Idaho Rural Water Association (IRWA); Idaho Emergency Management Association (IEMA). Under the leadership of the chairperson, the Statewide Committee members shall plan and coordinate emergency planning and response activities for the Program. At its first meeting, the Statewide Committee shall establish initial membership of the committee and procedures for administration of the Statewide Committee, including meeting procedures and voting procedures. ARTICLE IV. PROCEDURES In coordination with the Idaho emergency management and the Idaho public health system, the Statewide Committee shall develop operational and planning procedures for the Program. The procedures shall be reviewed at least annually and updated as needed by the Statewide Committee. ARTICLE V. REQUESTS FOR ASSISTANCE A. Member Responsibility. Members shall identify an Authorized Official and alternates; provide contact information including twenty-four hour access; and, maintain resource MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 3 030609 0 C information that may be available from the Member for mutual aid and assistance response. The contact information shall be updated annually, or when changes occur, and provided to the Statewide Committee. In the event of an Emergency, a Member's Authorized Official may request mutual aid and assistance from a participating Member. Requests for assistance can be made orally or in writing. When made orally, the request for personnel, equipment or supplies shall be prepared in writing as soon as practicable. Requests for assistance shall be directed to the Authorized Official of the participating Member. Specific protocols for requesting aid shall be provided in the procedures prepared under Article IV. B. Response to a Request for Assistance. Members are not obligated to respond to a request. After a Member receives a request for assistance, the Authorized Official will evaluate whether or not to respond, whether resources are available to response, or if other circumstances would hinder response. Following the evaluation, the Authorized Official shall inform, as soon as possible, the Requesting Member whether it will respond. If the Member is willing and able to provide assistance, the Member shall inform the Requesting Member about the type of available resources and the approximate arrival time of such assistance. C. Discretion of Res op nding Member's Authorized Official. Execution of this Agreement does not create any duty to respond to a request for assistance. When a Member receives a request for assistance, the Authorized Official shall have sole and absolute discretion as to whether or not to respond, or the availability of resources to be used in such response. An Authorized Official's decisions on the availability of resources shall be final. ARTICLE VI. RESPONDING MEMBER PERSONNEL A. National Incident Management System. When providing assistance under this Agreement, the Requesting Member and the Responding Member shall be organized and shall function under the National Incident Management System. B. Control. While employees so provided may be under the supervision of the Responding Member, the Responding Member's employees come under the direction and control of the Requesting Member, consistent with the NIMS Incident Command System to address the needs identified by the Requesting Member. The Requesting Member's Authorized Official shall coordinate response activities with the designated supervisor(s) of the Responding Member(s). The Responding Member's designated supervisor(s) must keep accurate records of work performed by personnel during the specified Period of Assistance. C. Food and Shelter. Whenever practical, Responding Member personnel must be self sufficient for up to seventy-two (72) hours. When possible, the Requesting Member shall supply reasonable food and shelter for Responding Member personnel. If the Requesting Member is unable to provide food and shelter for Responding Member personnel, the Responding Member's designated supervisor is authorized to secure the resources necessary to meet the MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 4 030609 • 0 needs of its personnel. Except as provided below, the cost for such resources must not exceed the per diem reimbursement rates published by the State of Idaho Board of Examiners for the applicable period and location. To the extent food and shelter costs exceed Board of Examiners' per diem rates, the Responding Member must demonstrate that the additional costs were reasonable and necessary under the circumstances. Unless otherwise agreed to in writing, the Requesting Member remains responsible for reimbursing the Responding Member for all reasonable and necessary costs associated with providing food and shelter, if such resources are not provided by the Requesting Member. D. Communication. The Requesting Member shall provide Responding Member personnel with radio equipment as available, or radio frequency information to program existing radios, in order to facilitate communications with local responders and Member personnel. E. Status. Unless otherwise provided by law, the Responding Member's officers and employees retain the same privileges, immunities, rights duties and benefits provided in their respective jurisdictions. F. Licenses and Permits. To the extent permitted by law, Responding Member personnel that hold licenses, certificates, or permits evidencing professional, mechanical, or other skills shall be allowed to carry out activities and tasks relevant and related to their respective credentials during the specified Period of Assistance. G. Right to Withdraw. The Responding Member's Authorized Official retains the right to withdraw some or all of its resources at any time for any reason in the Responding Member's sole and absolute discretion. Notice of intention to withdraw must be communicated to the Requesting Member's Authorized Official as soon as is practicable under the circumstances. ARTICLE VII. COST REIMBURSEMENT The Requesting Member shall reimburse the Responding Member for each of the following categories of costs incurred during the specified Period of Assistance as agreed in whole or in part by both parties; provided, that any Responding Member may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the Requesting Member without charge or cost when permitted by law to make such donation. A. Personnel. The Responding Member shall be reimbursed by the Requesting Member for personnel costs incurred for work performed during the specified Period of Assistance. Responding Member personnel costs shall be calculated according to the terms provided in their employment contracts or other conditions of employment. The Responding Member's designated supervisor(s) must keep accurate records of work performed by personnel during the specified Period of Assistance. Requesting Member reimbursement to the Responding Member should consider all personnel costs, including salaries or hourly wages, costs for fringe benefits, and indirect costs. MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER(WASTEWATER AGENCY RESPONSE NETWORK - 5 030609 B. Equipment. The Requesting Member shall reimburse the Responding Member for the use of equipment during the specified Period of Assistance, including, but not limited to, reasonable rental rates, all fuel, lubrication, maintenance, transportation, and loading and unloading of loaned equipment. All equipment shall be returned to the Responding Member in good working order as soon as is practicable and reasonable under the circumstances. As a minimum, rates for equipment use must be based on the Federal Emergency Management Agency's (FEMA) Schedule of Equipment Rates. If a Responding Member uses rates different from those in the FEMA Schedule of Equipment Rates, the Responding Member must provide such rates orally or in writing to the Requesting Member prior to supplying the equipment. Mutual agreement on which rates are used must be reached in writing prior to dispatch of the equipment. Reimbursement for equipment not referenced on the FEMA Schedule of Equipment Rates must be developed base on actual recovery of costs. If Responding Member must lease a piece of equipment while its equipment is being repaired, Requesting Member shall reimburse Responding Member for such rental costs. C. Materials and Supplies. The Requesting Member must reimburse the Responding Member in kind or at actual replacement cost, plus handling charges, for use of expendable or non -returnable supplies. The Responding Member must not charge direct fees or rental charges to the Requesting Member for other supplies and reusable items that are returned to the Responding Member in a clean, damage -free condition. Reusable supplies that are returned to the Responding Member with damage must be treated as expendable supplies for purposes of cost reimbursement. D. Payment Period. The Responding Member must provide an itemized bill to the Requesting Member for all expenses incurred by the Responding Member while providing assistance under this Agreement. The Requesting Member must send the itemized bill not later than ninety (90) days following the end of the Period of Assistance. The responding Member may request additional periods of time within which to submit the itemized bill, and Requesting Member shall not unreasonably withhold consent to such request. The Requesting Member must pay the bill in full on or before the forty-fifth (45th) day following the billing date. The Requesting Member may request additional periods of time within which to pay the itemized bill, and Responding Member shall not unreasonably withhold consent to such request, provided, however, that all payment shall occur not later than one (1) year after the date a final itemized bill is submitted to the Requesting Member. E. Records. Unless prohibited by law, each Responding Member and their duly authorized representatives shall have access to a Requesting Member's books, documents, notes, reports, papers and records which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial, maintenance or regulatory audit. Unless prohibited by law, each Requesting Member and their duly authorized representatives shall have access to a Responding Member's books, documents, notes, reports, papers and records which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial, maintenance or regulatory audit. Such records shall be maintained for at least three (3) years or longer where required by law. MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 6 030609 9 • ARTICLE VIII. DISPUTES If any controversy or claim arises out of, or relates to the execution of the Agreement, including but not limited to alleged breach of the Agreement, the disputing Members shall first attempt to resolve the dispute by negotiation. ARTICLE IX. REQUESTING MEMBER'S DUTY TO INDEMNIFY Members who are public entities shall be subject to this Article only to the extent permitted by law. Specifically, the duty of a public entity to defend, indemnify or hold harmless any party shall not be extended beyond the appropriation of expenditures for such duty as required by law, including Idaho Code section 59-1015 and Article VIII, Section 4 of the Idaho Constitution. Further, the liability of a public entity shall not be increased by this Article beyond the extent required by the Idaho Tort Claims Act, Idaho Code title 6 chapter 9. The Requesting Member who is not a public entity shall assume, to the extent allowed by the Idaho Public Utilities Commission, the defense of, and fully indemnify and hold harmless the Responding Member, its officers and employees, form all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from Responding Member's work during a specified Period of Assistance. The scope of the Requesting Member's duty to indemnify includes, but is not limited to, suits arising from, or related to negligent or wrongful use of equipment or supplies on loan to the Requesting Member, or faulty workmanship or other negligent acts, errors or omissions by Requesting Member or the Responding Member personnel. The Requesting Member's duty to indemnify is subject to, and shall be complied consistently with, the conditions set forth in Article X. ARTICLE X. SIGNATORY INDEMNIFICATION Members who are public entities shall be subject to this Article only to the extent permitted by law. Specifically, the duty of a public entity to defend, indemnify or hold harmless any party shall not be extended beyond the appropriation of expenditures for such duty as required by law, including Idaho Code section 59-1015 and Article VIII, Section 4 of the Idaho Constitution. Further, the liability of a public entity shall not be increased by this Article beyond the extent required by the Idaho Tort Claims Act, Idaho Code title 6 chapter 9. In the event of liability; claim, demand, action, or proceeding of whatever kind or nature arising out of a specified Period of Assistance, the Members who are not public entities and receive and provide assistance shall, to the extent allowed by the Idaho Public Utilities Commission, have a duty to defend, indemnify, save and hold harmless all Non -responding MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 7 030609 Members, their officers, agents and employees from any liability, claim, demand, action, or proceeding of whatever kind or nature arising out of a Period of Assistance. ARTICLE XI. WORKER'S COMPENSATION CLAIMS The Responding Member is responsible for providing and administering worker's compensation for its employees responsible for providing worker's compensation benefits compensation for its employees. ARTICLE XII. NOTICE worker's compensation benefits The Requesting Member is and administering worker's A party who becomes aware of a claim or suit that in anyway, directly or indirectly, contingently or otherwise, affects or might affect other Members or Associate Members of this Agreement shall provide prompt and timely notice to the Members or Associate Members who may be affected by the suit or claim. Each Member and Associate Member reserves the right to participate in the defense of such claims or suits as necessary to protect its own interests. ARTICLE XIII. INSURANCE Members of this Agreement shall maintain an insurance policy or maintain a self insurance program that covers activities that it may undertake by virtue of membership in the Program. ARTICLE XIV. CONFIDENTIAL INFORMATION To the extent authorized by law, including the Idaho Public Records Laws, Idaho Code sections 9-337 through 9-350, any Member or Associate Member shall maintain the strictest confidence and shall take all reasonable steps necessary to prevent the disclosure of any Confidential Information disclosed under this Agreement. If any Member, Associate Member, third party or other entity request or demands, by subpoena or otherwise, that a Member or Associate Member disclose any Confidential Information disclosed under this Agreement, the Member or Associate Member shall immediately notify the owner of the Confidential Information and shall take all reasonable steps necessary to prevent the disclosure of any Confidential Information by asserting all applicable rights and privileges with respect to such information and shall cooperate fully in any judicial or administrative proceeding relating thereto. ARTICLE XV. EFFECTIVE DATE MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 8 030609 0 0 This Agreement shall be effective after the applicant's authorized representative executes this Agreement and the Statewide Committee receives and approves the admission of the applicant. The Statewide Committee chair shall maintain a master list of all Members and Associate Members of the Program. ARTICLE XVI. WITHDRAWL A Member or Associate Member may withdraw from this Agreement by providing written notice of its intent to withdraw to the Statewide Committee chair. Withdrawal takes effect sixty (60) days after the Statewide Committee chair receives notice. Withdrawal from this Agreement shall in no way affect a Requesting Member's duty to reimburse a Responding Member for cost incurred during a Period of Assistance, which duty shall survive such withdrawal. ARTICLE XVII. MODIFICATION No provision of this Agreement may be modified, altered or rescinded by individual parties of this Agreement. Modifications to this Agreement may be due to programmatic operational changes to support the Agreement, legislative action, creation of an interstate aid and assistance agreement, or other developments. Modifications require a simple majority vote of the Members. The Statewide Committee chair must provide written notice to all Members and Associate Members of approved modifications to this Agreement. Approved modifications take effect sixty (60) days after the date upon which notice is sent to the Members and Associate Members. ARTICLE XVIII. SEVERABILITY The parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced if the Agreement did not contain he particular term or provision held to be invalid. ARTICLE XIX. PRIOR AGREEMENTS This Agreement supersedes all prior Agreements between Members to the extent that such prior Agreements are inconsistent with this Agreement. ARTICLE XX. MISCELLANEOUS MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 9 030609 0 A. No Third Party Beneficiaries. This Agreement is for the sole benefit of the Members and no person or entity has any rights under this Agreement as a third party beneficiary. B. Assignment Prohibited. No party may assign benefits or delegate duties created by this Agreement and such assignments and delegations are without effect. C. No Authority to Bind Other Parties or Partnership. Neither the Program nor any party has the authority to enter into contracts or agreements on behalf of one or more parties to this Agreement. This Agreement does not create a partnership between the parties and nothing contained herein shall be interpreted to create an employer-employee, master -servant, a joint venture, or principal -agent relationship between any party in any respect. ARTICLE XII. INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS To the extent practicable, Members of this Agreement shall participate in mutual aid and assistance activities conducted under the Program and the Interstate Emergency Management Assistance Compact (EMAC). Members may voluntarily agree to participate in an interstate mutual aid and assistance program for water and wastewater utilities through this Agreement if such a program were established. IN WITNESS WHEREOF, the Members and Associate Members executing a signature page attached hereto have entered into this Agreement effective as set forth in Article XV above. This Agreement may be executed in counterparts by the execution of signature pages. Each such counterpart shall be deemed as an original all of which together with the terms herein shall be considered one and the same Agreement. [Signature Pages Follow] MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 10 030609 0 SIGNATURE PAGE E MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK (H)WARN) �, D 7�-- � (Organization N e) SIGNATURE PAGE MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE NETWORK - 11 040208 1230 April 24, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT Police Department ITEM NO. REQUEST Discussion on the Justice Assistance Grant AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: Sea+ aNached CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT. MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of fhe City of Meridian. Re: Justice Assistance Grant • is Page 1 of 3 Tara Green From: Jeff Lavey Sent: Monday, April 13, 2009 6:22 PM To: Tara Green Cc: Bill Nary; Tracy Basterrechea; Tammy de Weerd Subject: FW: Justice Assistance Grant Follow Up Flag: Follow up Flag Status: Green Tara, Can we add a department report for the police department on the April 28th agenda. The purpose is to brief on the JAG grant and ask the Mayor and Council for approval and also for the Mayor to sign a joint LE MOU. Thanks - Jeff From: James L. Bensley [mailto:jlbensley@gardencitypolice.org] Sent: Mon 4/13/2009 5:38 PM To: Jeff Lavey; PBraddock@cityofboise.org; SO4591@adaweb.net; Tracy Basterrechea Cc: aaaron@adaweb.net; kBolicek@adaweb.net; Rfreeman@adaweb.net; KSMITH@cityofboise.org; Rick Allen Subject: Re: Justice Assistance Grant We can deliver to MPD on Tues. Mornong, April 28th. Jim Bensley Chief of Police Garden City, ID 208 472-2963 ----- Original Message ----- From: Jeff Lavey <jlavey@meridiancity.org> To: James L. Bensley; PBraddock@cityofboise.org <PBraddock@cityofboise.org>; SO4591@adaweb.net <SO4591@adaweb.net>; Tracy Basterrechea <tbasterrechea@meridiancity.org> Cc: aaaron@adaweb.net <aaaron@adaweb.net>; kBolicek@adaweb.net <kBolicek@adaweb.net>; RFreeman@adaweb.net <RFreeman@adaweb.net>; KSMITH@cityofboise.org <KSMITH@cityofboise.org> Sent: Mon Apr 13 17:02:40 2009 Subject: Re: Justice Assistance Grant Give to GC, MP will go last. Sent using B1ackBerry -----Original Message ----- From: James L. Bensley <jlbensley@gardencitypolice.org> To: PBraddock@cityofboise.org <PBraddock@cityofboise.org>; SO4591@adaweb.net <SO4591@adaweb.net>; Tracy Basterrechea CC: aaaron@adaweb.net <aaaron@adaweb.net>; kBolicek@adaweb.net <kBolicek@adaweb.net>; Rfreeman@adaweb.net <Rfreeman@adaweb.net>; Jeff Lavey; KSMITH@cityofboise.org <KSMITH@cityofboise.org> Sent: Mon Apr 13 17:00:58 2009 Subject: Re: Justice Assistance Grant We present that same week to Mayor and Council. 4/24/2009 Re: Justice Assistance Grant i • Page 2 of 3 Jim Jim Bensley Chief of Police Garden City, ID 208 472-2963 ----- Original Message ----- From: Patricia Braddock <PBraddock@cityofboise.org> To: Blomstrom, Michael <SO4591@adaweb.net>; James L. Bensley; tbasterrechea@meridiancity.org <tbasteffechea@meridiancity. org> Cc: Aaron, Amy <aaaron@adaweb.net>; Bolicek, Kelh <kBolicek@adaweb.net>; Freeman, Ron <RFreeman@adaweb.net>; Lavey, Jeff<laveyj@meridiancity.org>; Smith, Karen <KSMITH@cityofboise.org> Sent: Mon Apr 13 16:56:44 2009 Subject: Re: Justice Assistance Grant The MOU will be returned to us April 22. I will have it delivered to GCPD or MPD - does it matter which agency first? Patricia M. Braddock Boise City Police Department 208.570.6192 Making Boise the most livable city in the country. >>> Michael Blomstrom <S04591@adaweb.net> 4/13/2009 10:22 AM >>> Chief Bensley / Sgt. Basterrechea: Attached is the information regarding the Justice Assistance Grant portion of the Recovery Act. As you will notice the deadline is May 18th for this grant. I have a MOU circulating among (I believe BPD has it currently) the agencies. Once that MOU arrives to your agency it needs to be signed by your Mayor and the City Clerk. I'm trying to keep track of it, so please let me know if you received it. The MOU is critical for us to have completed prior to May 18th so please make sure it keeps moving. In addition to that document each agency needs to present to their City Council (for Cities) or BOCC (for Counties) what they plan on using their portion of their allocated funds on. This must be done in a open public meeting. I will need an electronic copy of the agenda from the meeting to be submitted with the application. The application states that this must be done 30 days prior to our applying, however if that doesn't happen they will just hold up our award until the 30 day requirement has been met. I will need this information from you prior to the 18th of May, so please get working on placing i on your respective Council agendas. Lastly, I'll need a couple of paragraphs from each of you for the project narrative explaining what you plan on accomplishing with your JAG funds. Please make sure that your use of the funding is in align with one of the purpose areas. I will also need budget figures for your equipment / project to be included in the budget section of the application. I've attached the handbook and the dollar allocations for your reference. Please let me know if you have any questions, I'll be more than happy to help any way I can. This isn't a grant where we can wait until the last minute and fulfill all of the requirements that they ask for, so please let me know if you unclear about the process. Mike Blomstrom, CFE Senior Accountant Ada County Sheriffs Office 7200 Barrister Drive Boise, Idaho 83704 (208) 577-3331 mblomstrom@adaweb.net 4/24/2009 Re: Justice Assistance Grant 0 0 Page 3 of 3 4/24/2009 Jeff A. Lavey Chief of Police E IDIAN, POLICE DEPARTMENT Phone: (208) 888-6678 Fax: (208) 846-7366 Police Department Summary Report The Police Department is presenting a Metro Memorandum of Understanding (MOU) for consideration and approval, if approval is granted; the Mayor will need to sign the document. This is a requirement for the federal JAG/Bryne grant that has allocated a certain amount of monies for the Treasure Valley. The share Meridian will receive is approximately $133,000 dollars. Treasure Valley Law Enforcement agencies have agreed to hold back 15% to purchase compatible equipment in the area of investigative technologies. Due to the sensitive nature of these technologies, I would like to keep my comments non-specific; however, they include alarms, trackers and surveillance equipment. We intend to use some monies to upgrade our Records Management System (RMS) from an AS400 Platform to a Windows -Based Platform. This will allow more options, ease of use, reliability and the ability to purchase cheaper technologies as additions are needed. Area Chiefs and the Sheriff are meeting on Friday to discuss this further. If funding is still available after the above projects, we intend to purchase replacement vests for our Metro SWAT team members as three of our five vests expire this year. Mayor De Weerd has been briefed in greater detail last Friday, I am confident that she and/or Lt. Tracy Basterrechea can answer additional questions that council may have. Respectfully, a�� eLavey Chief of Police 1401 East Watertower - Meridian, Idaho 83642 i 0 GMS APPLICATION NUMBER: AGREEMENT NO. INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOISE AND THE BOISE CITY POLICE DEPARTMENT, THE COUNTY OF ADA AND THE ADA COUNTY SHERIFF'S OFFICE, GARDEN CITY AND THE GARDEN CITY POLICE DEPARTMENT, AND THE CITY OF MERIDIAN AND THE MERIDIAN CITY POLICE DEPARTMENT 2009 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 21siday of April 2009, by and between the City of Boise and the Boise City Police Department, hereinafter referred to as BPD, the County of Ada and the Ada County Sheriff's Office, hereinafter referred to as ACSO, Gardep City and the Garden City Police Department, hereinafter refeixed to as GCPD, and the City of Meridian and the Meridian City Police Department, hereinafter referred to as MCPD, all of the State of Idaho, WHEREAS, BPD, ACSO, GCPD, and MCPD, law enforcement agencies of the City of Boise; County of Ada, Garden City, and.City of Meridian, respectively, _enter into this agreement pursuant to the authority granted to each agency by Idaho Code § 67-2328; and WHEREAS, BPD, ACSO, - GCPD, and MCPD, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, BPD, ACSO, GCPD, -and MCPD find that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, ACSO agrees to provide BPD $923,144.00, GCPD $72,379.00, and MCPD $133,752.00 from the JAG award of $1,290,539.00 awarded to ACSO and the County of Ada; and WHEREAS, BPD, ACSO, GCPD, and MCPD believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, BPD, ACSO, GCPD, and MCPD, on behalf of the City of Boise, County of Ada; Garden City,, and City of Meridian, respectively, agree as follows: Section 1 ACSO agrees to pay BPD $923,144,00, GCPD $72,379.00, and MCPD $133,752.00'of JAG funds. Section 2 Nothing in the performance of this Agreement shall impose any liability for claims against ASCO and the County of Ada other -than claims for which liability may be. imposed by the Idaho Tort Claims Act. Section 3' Nothing in: the performance of this Agreement shall impose any liability for claims .against BPD and the City of Boise, GCPD and Garden City, and/or MCPD and the City of Meridian other than claims for which liability may be imposed by the Idaho Tort Claims Act. nAsheriffi2009 b Page] of 3 yrne;justicp grant interlocal agreement ti i • Section 4 Each party to this agreement will be responsible for its own actions in providing services under this. agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other parry. Section 5 The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 6 By entering into this Agreement, the parties to not intent to create any obligations ekpress or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF DAVID H. BIETER MAYOR ATTEST: GARDEN CITY M EVANS YOR y SEA T: # CITY OF MERIDIAN TAMMY DE WEERD. MAYOR n:VhefifA2009 byme justice grant interlocal agreement.doc ATTEST: City Clerk Page 2 of 3 ! . 0 ADA COUNTY SHERIFF'S OFFICE GARY M SHERIFF Approved as to form: , Josep M et Chief legal Advisor to the Sheriff BOARD OF ADA COUNTY COMMISSIONERS FRED TILMAN, CHAIRMAN SHARON M. ULLMAN, COMMISSIONER RICK YZAGUURLu, COMMISSIONER ATTEST: J. David Navarro, Ada County Clerk n:\Sberiff\2009 byrne justice grant interlocal agreement-doc Page 3 of 3 RETURN TO CITY CLERK CITY OF BOISE A5 *aq61/v TO: Mayor and Council FROM: Deputy Chief Braddock and Cpt. Scott Mulcahy ORDINANCE or RESOLUTION NUMBER: DATE: April 8, 2009 SUBJECT: Resolution approving the Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG). This is an Interlocal Agreement between the City of Boise through the Boise Police Department, Ada County Sheriffs Department, Garden City Police Department, and Meridian Police Department to share the 2009 Recovery Act Byrne Justice Assistance Grant Award (JAG 2009); Authorizing the Mayor to execute said memorandum of understanding; and providing an effective date. JAG 2009 Grant $1,290,539 ($161,264 Ada. County, $923,144 Boise City, $72,379 Garden City, $133,752 Meridian City) ACTION REQUIRED: Authorization to accept the JAG 2009 grant award with the Ada County Sheriffs Office, and enter into an Interlocal Agreement. RECOMMENDATION: Approval of receipt of $923,144 should the Ada. County Sheriff s Office and Boise City Police Department be awarded the JAG 2009 grant. And, authorizing the City of Boise, Boise Police Department to enter into an agreement with the Ada County Sheriffs Office. FISCAL IMPACT/BUDGET IMPLICATIONS: Revenue Neutral BACKGROUND: On February 17, 2009, President Obama signed into law the landmark American Recovery and Reinvestment Act of 2009 (the "Recovery Ace). As one of its many elements, the Recovery Act provides the U.S. Department of Justice (DOJ) with funding for grants to assist state, local, and tribal law enforcement (including support for hiring), to combat violence against women, to fight internet crimes against children, to improve the functioning of the criminal justice system, to assist victims of crime, and to support youth mentoring. DOJ is committed to working with our national, state, local and tribal partners to ensure this funding invests in the American workforce. PROPOSED PURCHASES: • Data Management Software • Transcription System • Motion Activated Digital Alarms • GPS Trackers • Leadership and Police Organizations Training Course • Ballistic Helmets, Blankets, and Chemical Masks • Duty Weapons AA • Digital Video Enhancements • Radars and Radar Trailers • Gym Equipment for Officer Wellness Program • Range Equipment ATTACHMENTS: (3) Copies of the Interlocal Agreement with Ada County Sheriffs Department, Meridian Police Department and Garden City Police Department, to be signed by the Mayor. C GMS APPLICATION NUMBER: INTERLOCAL AGREEMENT i AGREEMENT NO. BETWEEN THE CITY OF BOISE AND THE BOISE CITY POLICE DEPARTMENT, THE COUNTY OF ADA AND THE ADA COUNTY SHERIFF'S OFFICE, GARDEN CITY AND THE GARDEN CITY POLICE DEPARTMENT, AND THE CITY OF MERIDIAN AND THE MERIDIAN CITY POLICE DEPARTMENT 2009 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 2lstday of Aprils , 2009, by and between the City of Boise and the Boise City Police Department, hereinafter referred to as BPD, the County of Ada and the Ada County Sheriffs Office, hereinafter referred to as ACSO, Garden City and the Garden City Police Department, hereinafter referred to as GCPD, and the City of Meridian and the Meridian City Police Department, hereinafter referred to as MCPD, all of the State of Idaho. WHEREAS, BPD, ACSO, GCPD, and MCAD, law enforcement agencies of the City of Boise, County of Ada, Garden City, and City of Meridian, respectively, enter into this agreement pursuant to the authority granted to each agency by Idaho Code § 67-2328; and WHEREAS, BPD, ACSO, GCPD, and MCPD, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, BPD, ACSO, GCPD, and MCPD find that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, ACSO agrees to provide BPD $923,144.00, GCPD $72,379.00, and MCPD $133,752.00 from the JAG award of $1,290,539.00 awarded to ACSO and the County of Ada; and WHEREAS, BPD, ACSO, GCPD, and MCPD believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, BPD, ACSO, GCPD, and MCPD, on behalf of the City of Boise, County of Ada, Garden City, and City of Meridian, respectively, agree as follows: section I ACSO agrees to pay BPD $923,144.00, GCPD $72,379.00, and MCAD $133,752.00 of JAG funds. Section Nothing in the performance of this Agreement shall impose any liability for claims against ASCO and the County of Ada other than claims for which liability may be imposed by the Idaho Tort Claims Act. Section Nothing in the performance of this Agreement shall impose any liability for claims against BPD and the City of Boise, GCPD and Garden City, and/or MCPD and the City of Meridian other than claims for which liability may be Imposed by the Idaho Tort Claims Act. Page I of n:LsheriPl12009 byme justice grant interlocal agreement.d� i Section 4 1w Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 5 The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section By entering into this Agreement, the parties to not intent to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY O E DAVID N. BIETER MAYOR GARDEN IN EVANS YOR CITY OF MERIDIAN ATTEST: TTAMMR PE/WERD MAYO T� ATTEST: Y CbUfffl /1t111.1.,, 11141ttlt\\\\\ Page 2 of 3 n:lsherifR2009 byrne justice grant interlocal agreement.doc 0 GMS APPLICATION NUMBER: INTERLOCAL AGREEMENT 0 AGREEMENT NO. BETWEEN THE CITY OF BOISE AND THE BOISE CITY POLICE DEPARTMENT, THE COUNTY OF ADA AND THE ADA COUNTY SHERIFF'S OFFICE, GARDEN CITY AND THE GARDEN CITY POLICE DEPARTMENT, AND THE CITY OF MERIDIAN AND THE MERIDIAN CITY POLICE DEPARTMENT 2009 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this?JgWay of Anri.'t . , 2009, by and between the City of Boise and the Boise City Police Department, hereinafter referred to as BPD, the County of Ada and the Ada County Sheriffs Office, hereinafter referred to as ACSO, Carden City and the. Garden City Police Department, hereinafter referred to as GCPD, and the City of Meridian and the Meridian City Police Department, hereinafter referred to as MCPD, all of the State of Idaho. WHEREAS, BPD, ACSO, GCPD, and MCAD, law enforcement agencies of the City of Boise, County of Ada, Garden City, and City of Meridian, respectively, enter into this agreement pursuant to the authority granted to each agency by Idaho Cade § 67-2328; and WHEREAS, BPD, ACSO, GCPD, and MCPD, in performing- governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, BPD, ACSO, GCPD, and MCPD find that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, ACSO agrees to provide BPD $923,144.00, GCPD $72,379.00, and MCPD $133,752.00 from the JAG award of $1,290,539.00 awarded to ACSO and the County of Ada; and WHEREAS, BPD, ACSO, GCPD, and MCPD believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, BPD, ACSO, GCPD, and MCPD, on behalf of the City of Boise, County of Ada, Garden City, and City of Meridian, respectively, agree as follows: Secy ACSO agrees to pay BPD $923,144.00, GCPD $72,379.00, and MCPD $133,752.00 of JAG funds. fttiou 2 Nothing in the performance of this Agreement shall impose any liability for claims against ASCO and the County of Ada other than claims for which liability may be imposed by the Idaho Tort Claims Act Soction Nothing in the performance of this Agreement shall impose any liability for claims against BPD and the City of Boise, GCPD and Garden City, and/or MCPD and the City of Meridian other than claims for which liability may be imposed by the Idaho Tort Claims Act. n:lshe M2W9 byme jjLjV= grant iftdmgPage 1 of 3 agreem�tdoc Serrtion 4 Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other parry. Seetlon-5 The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 6 By entering into this Agreement, the parties to not intent to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY $ DAVID H. BM -MR MAYOR ATTEST: CITY OF MERIDIAN ������Jr✓ �"T// ``\t\tttll{f{Illll/'tf///',, TAMMY DEQ E RD YOR ,```�� A.fi �YZ" ATTES SICAL _City rk 1 Page 2 of 3 n:lshw=009 byme justice Slant Interlocal agm=wt.doc 0 0 ADA COUNTY SHERIFF'S OFFICE GARY RRi'ii SHERIFF Approved as to form:. Jose Ma t Chie legal Advisor to the Sheriff BOARD OF ADA COUNTY COMMISSIONERS FRED TILMAN, CHAIRMAN SHARON M. ULLMAN, COMMISSIONER RICK YZAGUIRRE,COMMISSIONER ATTEST; J. David Navarro, Ada County Clerk nAsbtr M2M bymo jusdcc gent imwlocM agr==Ldoc Page 3 of 3 • CITY OF BOISE TO: Mayor and Council FROM: Deputy Chief Braddock and Cpt. Scott Mulcahy ORDINANCE or RESOLUTION NUMBER: DATE: April 8, 2009 SUBJECT: Resolution -approving the Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG). This is an Interlocal Agreement between the City of Boise through the Boise Police Department, Ada County Sheriff's Department, Garden City Police Department, and Meridian Police Department to share the 2009 Recovery Act Byrne Justice Assistance Grant Award (JAG 2009); Authorizing the Mayor to execute said memorandum of understanding; and providing an effective date. JAG 2009 Grant $1,290,539($161,264 Ada. County, $923,144 Boise City, $72,379 Garden City, $133,752 Meridian City) ACTION REQUIRED: Authorization to accept the JAG 2009 grant award with the Ada. County Sheriff's Office, and enter into -an Interlocal Agreement. RECOMMENDATION: Approval of receipt of $923,144 should the Ada County Sheriff s Office and Boise -City Police Department be awarded the JAG 2009 grant. And, authorizing the City of Boise, Boise 'Police Department to enter into an agreement with the Ada County Sheriff s Office. FISCAL IMPACT/BUDGET IMPLICATIONS: Revenue Neutral BACKGROUND: On February 17, 2009, President Obama signed into law the landmark American Recovery and Reinvestment Act of 2009 (the "Recovery Act"). As one of its many elements, the Recovery Act provides the U.S. Department of Justice (DOJ) with funding for grants to assist state, local, and tribal law enforcement (including support for hiring), to combat violence against women, to fight internet crimes against children, to improve the functioning of the criminal justice system, to assist victims of crime, and to support youth mentoring. DOJ is committed to working with our national, state, local and tribal Partners to ensure this funding invests in the American workforce. PROPOSED PURCHASES: • Data Management Software • Transcription System • Motion Activated Digital Alarms • GPS Trackers Leadership and Police Organizations Training Course • Ballistic Helmets, Blankets, and Chemical Masks 9 Duty Weapons 9 • • Digital Video Enhancements • Radars and Radar Trailers • Gym Equipment for Officer Wellness Program • Range Equipment ATTACHWNTS: (3) Copies of the Interlocal Agreement with Ada County Sheriff s Department, Meridian Police Department and Garden City Police Department, to be signed by the Mayor. • GMS APPLICATION NUMBER INTERLOCAL AGREEMENT • AGREEMENT NO. BETWEEN THE CITY OF BOISE AND THE BOISE CITY POLICE DEPARTMENT, THE COUNTY OF ADA AND THE ADA COUNTY SHERIFF'S OFFICE, GARDEN CITY AND THE GARDEN CITY POLICE DEPARTMENT, AND THE CITY OF MERIDIAN AND THE MERIDIAN CITY POLICE DEPARTMENT 2009 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this2lot4ay of Apri]. '2009, by and between the City of Boise and the Boise City Police Department, hereinafter referred to as BPD, the County of Ada and the Ada County Sheriffs Office, hereinafter referred to as ACSO, Garden City and the Garden City Police Department, hereinafter referred to as GCPD, and the City of Meridian and the Meridian City Police Department, hereinafter referred to as MCPD, all of the State of Idaho. WHEREAS, BPD, ACSO, GCPD, and MCPD, law enforcement agencies of the City of Boise, County of Ada, Garden City, and City of Meridian, respectively, enter into this agreement pursuant to the authority granted to each agency by Idaho Code § 67-2328; and WHEREAS, BPD, ACSO, GCPD, and MCPD, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, BPD, ACSO, GCPD, and MCPD find that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, ACSO agrees to provide BPD $923,144.00, GCPD $72,379.00, and MCPD $133,752.00 from the JAG award of $1,290,539.00 awarded to ACSO and the County of Ada: and WHEREAS, BPD, ACSO, GCPD, and MCPD believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, BPD, ACSO, GCPD, and MCPD, on behalf of the City of Boise, County of Ada, Garden City, and City of Meridian, respectively, agree as follows: section 1 ACSO agrees to pay BPD $923,144.00, GCPD $72,379.00, and MCPD $133,752.00 of JAG funds. 0 2 Nothing in the performance of this Agreement shall impose any liability for claims against ASCO and the County of Ada other than claims for which liability may be imposed by the Idaho Tort Claims Act. Section 3 Nothing in the performance of this Agreement shall impose any liability for claims against BPD and the City of Boise, GCPD and Garden City, and/or MCPD and the City of Meridian other than claims for which liability may be imposed by the Idaho Tort Claims Act. Page l of 3 n:lcherifl\2009 bytne justicc grant interlocal agreernent.doc Cl to 4 0 Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section S The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section By entering into this Agreement, the parties to not intent to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF 4j� �,- DAVID H. $IETER MAYOR ATTEST: CITY OF MERIDIAN TAMMY DE _ — - ���ti+�tn►►►H<<' MAYOR ''i,'��'� ity rk s, m nAsherifi12009 byme justice gent interlocal agreementdoc Page 2 of 3 0 ADA COUNTY SHERIFF'S OFFICE GARY RAN SHERIFF Approved as to form; BOARD OF ADA COUNTY COMMISSIONERS rKED TILMAN, CHAIRMAN SHARON M. ULLMAN, COMMISSIONER MI:. YGA(WIRRE, COMMISSIONER ATTEST; to Jo h M let Ch f legal Advisor to the Sheriff J. David Navarro, Ada County Clerk nA,heriffi2009 byme Justice grant iater)ocal agreementdoc Page 3 of 3 E April 24, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT Mayor's Office April 28, 2009 C Department Reports ITEM NO. 6-B-1 REQUEST Economic Development Update 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: Materials presented at public meetings shall become property of the City of Meridian. � Vi5/L/Il Dj� rc)541ve I- �� -wee ��-�� __ -Fa5-i'e Local Mcy-ldlxi 1�7ood5 1�,oct (5-ue5� 5�eakev,-5 COUnel Pi5CV551'Okl abovl- AAe-vidiati'5 �dwe IFu5l�je 55 Wovk-5�o�5 �- V151-,'- 10 T--cduy-ed Local I,' jl'�'f"' lje - -z- � NALf"IDIAN l'MSINF.SSFS WORKING 1061-1-1 IER SND FINIDIN( i S(MITIONS' WILL YOU JOIN US-? E • April 24, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT Planning Department ITEM NO. 6-C-1 REQUEST Update on High Priority Transportation Projects and Potential Partnership AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 i April 24, 2009 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT ITEM NO. S REQUEST Request for Waiver of Fees of Extension Fees for The Hub by Mike McCabe with UghtYear Development AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See aftached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shag become property of the City of Meridian. 0 r Tara Green From: Mike McCabe [mike@lightyeardevelopment.com] Sent: Thursday, April 16, 2009 1:12 PM To: Tara Green Cc: Walt Lindgren; john rennison Subject: revised letter Follow Up Flag: Follow up Flag Status: Green Attachments: Permit fee extension letter 04162009 revised.doc Tara, Page 1 of 1 Based on my conversation with staff today I have amended the letter. There are actually 3 fees that need to be discussed. I have attached a revised copy for your review. I will plan on attending the city council meeting on 4/28 to discuss our options with the city council. Thank you for your assistance. Pleas let me know if you need any additional documentation. thx! ER Mike McCabe Voice Mail: 206-286-0123 1 Fax: 425-749-7687 Email: mike@lightyeardevelopment.com Web: www.lightyeardevelopment.com CONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual(s) named as recipients. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law including, but not limited to, the attorney client privilege and/or work product doctrine. If you are not the intended recipient of this transmission, please notify the sender immediately by telephone. Do not deliver, distribute or copy this transmission, disclose its contents, or take any action in reliance on the information it contains. 4/24/2009 0 • April 24, 2009 Revised City of Meridian c/o Tara Green 33 E. Broadway Ave. Meridian, ID 83642 Re: The Hub plan check extension fees/ sent via e-mail Dear Tara, I am developing The Hub project in downtown Meridian located at 200 E Broadway. We are partnering with MDC (Meridian Development Corporation) on the revitalization of downtown Meridian. This project poses many challenges. We are working with MDC and ACHD to change Second Street to a one way street. The project development will include new pedestrian friendly access, wider sidewalks, new landscaping and new parking. The Hub will be a great anchor to the redevelopment and revitalize of downtown Meridian. We submitted our building plans back in 2008 and the project has been approved for permit for some time. The Hub project (my project) and the second street project (MDC's project) are still being finalized with ACHD (Ada County Highway District). While I do have a good working relationship with the City of Meridian I understand there are rules that need to be followed. Our permit approval needs to be extended for one year. The building department has requested a $500 fee to extend for six months and the planning department wants $187.00 and $173.00 to extend for one year. Because I believe The Hub project is really a joint effort between the City of Meridian, MDC and Lightyear Development I would like to ask the city council to waive the extension fees and allow our development to proceed based on the approved plans to date. We are expecting to start construction no later than the spring of 2010. The Hub project will generate a lot of tax revenue for the City of Meridian over the years. I would like to keep the permit current. I would like to ask the city council to waive any extension fees through May of 2010. 372 S. Eagle Rd. Ste # 378 Eagle, ID 83616 208-288-0123 ph/ 425-749-7687 fax XUena,lightyeardevelopment.com wwwlightyeardevelopment.com • 0 -2- April 24, 2009 Please let me know if you need any other additional information. If you need me to provide more detail at a city council meeting I would be able to present that information. Thank you for your assistance in this matter. Sincerely WIN He && Mike McCabe Lightyear Development, Inc. Cc: JC Holman Meridian City Clerk MDC April 24, 2009 FP 08-018 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT Stanley Consultants ITEM NO. 9 REQUEST Tabled from March 24, 2009 -- Request for Final Plat approval for 5 commercial building lots and 2 common lots on 19.18 acres in a C -G zone for Pinebridge Subdivision No. 1 -- 1830 East Pine Avenue AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: Request for Withdrawl CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 0 April 24, 2009 TE 09-012 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT Engineering Solutions, LLP ITEM NO. 10 REQUEST Continued Public Hearing from April 14, 2009 -- Request for Approval of an 18 month Time Extension to obtain City Engineers signature on Final Plat for Zebulon Heights Subdivision No. 2 -- s/o E. McMillan & w/o N. Eagle AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Previous Item Packet / Minutes See attached Staff Report & Response BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR A SECOND 18 MONTH TIME EXTENSION TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON THE FINAL PLAT FOR THE SECOND PHASE OF ZEBULON HEIGHTS SUBDIVISION NO. 2, LOCATED IN THE NE I/ OF SECTION 32, TAN., RJE , MERIDIAN, IDAHO BY: ENGINEERING SOLUTIONS, LLP APPLICANT C/C April 7, 2009 CASE NO. TE -09-012 ORDER GRANTING A SECOND EIGHTEEN MONTH TIME EXTENSION FOR ZEBULON HEIGHTS SUBDIVISION NO.2 This matter coming on regularly before the City Council on April 7, 2009, upon the Applicant's submittal of a time extension application for a second eighteen month extension within which to obtain the City Engineer's signature on the final plat for the second phase of Zebulon Heights Subdivision No. 2. The preliminary plat for Zebulon Heights Subdivision No. 2 was approved on April 19, 2005; an 18 month time extension was approved on May 2, 2006, and the first final plat was signed by the City Engineer on September 27, 2007, as provided in § I I -6B -7B and 11 -6B -7C, and good cause shown. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted an additional eighteen month extended period of ORDER GRANTING A SECOND EIGHTEEN (18) MONTH TIME EXTENSION FOR ZEBULON HEIGHTS SUBDIVISION NO.2 (TE -09-012) Page 1 of 2 E time, until September 27, 2010, of this Order within which to obtain the City Engineer's signature on a Final Plat for the above entitled subdivision application, subject to the conditions of approval as shown in the attached Staff Report for the hearing date of Apri17, 2009 incorporated by reference. Attached: Staff Report for the hearing date of April 7, 2009. By the action of the City Council at its regular meeting on the day of A ?RL- , 2009. DATED this day of 52009. Mayor Ta&e Weerd Attest: Of AAE F ; o AL I'aycd Holman, Cit}LC1 o� Copy served upon Applic \l�artment, Public Works, and the City Attorney. o/111 BY: Dated: 5 - 2 I - Oq ORDER GRANTING A SECOND EIGHTEEN (18) MONTH TIME EXTENSION FOR ZEBULON HEIGHTS SUBDIVISION NO.2 (TE -09-012) Page 2 of 2 • STAFF REPORT e HEARING DATE: April 28, 2009 (Continued from April 7, and 14, 2009) Augu TO: Mayor & City Council IDXANA_ FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: TE -09-012 — Zebulon Heights Subdivision No. 2 1. APPLICATION SUMMARY The applicant, Engineering Solutions, LLP, has requested approval of an eighteen month time extension to obtain the City Engineer's signature on the final plat for the second phase of the Zebulon Heights Subdivision No. 2 preliminary plat. The subject property is located on the south side of E. McMillan Road, west of N. Eagle Road. Staff has included information on previous approvals for this development below. Zebulon Heights Subdivision No. 2 received annexation and zoning (AZ -05-006), preliminary plat (PP -05-008), and conditional use permit/planned development (CUP -05-019) approval by Council on April 19, 2005 under the old city code (the UDC had not yet been adopted). The CUP/PD was valid until October 19, 2006; the PP was valid until April 19, 2006. (Note: Zebulon Heights Subdivision No. I lies within the Boise area of city impact; the first phase was annexed and developed under Boise City standards. A preliminary plat was submitted to the City of Meridian for that portion of the subject property lying within Meridian's area of city impact.) An administrative time extension was approved for the CUP (TE -06-006) on May 2, 2006, which granted an 18 month time extension to commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. The TE was valid until April 19, 2008. The applicant satisfied the previously mentioned requirements within the allowed time frame and the CUP/PD remains valid. An administrative time extension (TE -06-005) was approved to record the final plat for the first phase on May 2, 2006. The TE was valid until October 19, 2007. The Council approved the final plat (FP -06-053) for the first phase on January 9, 2007 and the City Engineer signed the plat on September 27, 2007, prior to the expiration date. The final plat for the next phase and subsequent phases of development are required to be signed by the City Engineer within intervals of 18 months in order for the preliminary plat to remain valid. The next final plat would need to have been signed by the City Engineer by March 27, 2009. Because the applicant could not meet this deadline, the subject time extension is requested. The applicant has not yet submitted a final plat application for the second phase of the Zebulon Heights Subdivision No. 2 preliminary plat, which is the subject of this application. In accordance with Unified Development Code 11 -6B -7C, the Planning Department received a written request from the applicant on February 27, 2009 for an additional eighteen month extension to obtain the City Engineer's signature on the final plat. The applicant has delayed the design of the next phase due to the current economic slow -down. For this reason, the applicant is unable to meet the time requirements specified in Unified Development Code (UDC 11-6B-7 and UDC 11-5B-6). With all extensions, the City may require compliance with the current provisions of the UDC as a condition for granting a time extension (UDC 11 -6B -7C). Because ordinance requirements for the amount of open space and amenities have changed since the original approval, Staff believes that Zebulon Heights Sub. No. 2 TE -09-012 PAGE 1 i 0 there are additional conditions that should be added to those previously approved by the City Council with the preliminary plat for this subdivision (see Section 3 Analysis below). 2. UNIFIED DEVELOPMENT CODE Per UDC 11 -6B -7A, approval of a preliminary plat shall become null and void if the applicant fails to obtain the City Engineer's signature on the final plat within two years of the approval of the preliminary plat. Per UDC 11 -6B -7B, Phased Development: In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if signed by the City Engineer within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. 3. STAFF ANALYSIS As mentioned above, this development was reviewed and approved under a previous development code. Under the current code (UDC 11 -3G -3A.1), the total land area of all common open space is required to equal or exceed 10% of the gross land area of the development as opposed to the previous 5% required under the old code. The preliminary plat consisted of 72.85 acres. The 5% open space required under the old code totaled 3.64 acres; 7.58 acres was provided, of which 6.10 acres (or 8.37%) met the criteria for qualified open space. The first phase of the preliminary plat consisted of 28.42 acres with 0.78 acre of open space. To meet the minimum amount of open space required under the old code (5%), the applicant needs to provide an additional 0.64 acre of open space in the remaining unimproved and un -platted 44.43 acres. In addition, as a condition of approval of the subject time extension, Staff is recommending that future phases comply with the 10% open space requirement and provide a total of 4.44 acres of qualified open space for an overall total of 5.08 acres (including the deficient amount of 0.64 in the first phase). The applicant has provided updated calculations for the remainder of the project based on the qualified open space requirements in UDC 11 -3G -3B, as follows: park/storm drainage (subsurface) area (4.86 acres), arterial and collector street buffers (0.65 acre), and a multi -use pathway along the canal (0.32 acre) for a total of 5.83 acres, which exceeds the minimum open space required of 5.08 acres. In addition, the applicant is proposing to construct local street buffers with detached sidewalks which total 2.36 acres of qualified open space. With submittal of subsequent final plat(s), the applicant will need to submit a landscape plan that demonstrates compliance with the open space and site amenity requirements in UDC 11-3G-3 as noted above. The amenities proposed under the original approval meet the current amenity requirements of the UDC. The approved amenities included a clubhouse, pool, play equipment, and multi -use pathway. Note: The Development Agreement for this project includes building elevations that were approved with the original submittal. Therefore, staff is not requiring the applicant to submit new building elevations as a condition of this time extension request. 4. SUMMARY RECOMMENDATION Staff is recommending approval of the requested 18 month time extension for the applicant to obtain the City Engineer's signature on the final plat for the second phase of the Zebulon Heights Subdivision No. 2 preliminary plat. Staff further recommends that the applicant comply with all of the previous conditions of approval for AZ -05-006 [Development Agreement (Instrument No. 106111627)], PP -05-008, CUP -05-019, FP -06-053, TE -06-005, & TE -06-006, and the following as conditions of the subject time extension approval: Zebulon Heights Sub. No. 2 TE -09-012 PAGE 2 0 i An updated plat and landscape plan shall be submitted with subsequent final plat applications demonstrating compliance with the open space and site amenity requirements listed in UDC 11- 3G-3 and the minimum amount of open space listed above of 5.08 acres for the remainder of the subdivision. 5. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TE -09- 012, as presented in the staff report for the hearing date of April 28, 2009. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TE -09-012, as presented during the hearing on April 28, 2009 for the following reasons: (You must state specific reasons for denial and what the applicant could to do to obtain your approval in the future.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number TE -09- 012 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 6. EXITS a. Vicinity Map b. Zebulon Heights Subdivision No. 2 Approved Preliminary Plat Zebulon Heights Sub. No. 2 TE -09-012 PAGE 3 i,ifil7mm so • 0 B. Zebulon Heights Subdivision No. 2 Approved Preliminary Plat own cm K m RMM r i3TaON EMIEGIREIM �lAi .SUNDIVIGION so aao.m�rm�arss .'S warattxa �eumsua�ax vs.e�aa `...,., moo ..�. w ...,.M.. a,Ya-�afin rsr_,;,.ae w eWemescz cv;ez ua Zebulon Heights Sub. No. 2 TE -09-012 PAGE 5 April 24, 2009 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT Ronald Van Auker REQUEST Continued Public Hearing from April 14, 2009 -- and Zoning of 15.05 acres from RUT to C -G and I -L zones f AZ 08-015 ITEM NO. 11 E)quest for Annexation Fignut -- w/o S. Locust Grove, n/o Overland & s/o 1-84 AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Request for Continuance CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 24, 2009 RZ 08-009 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT Ronald Van Auker ITEM NO. 12 REQUEST Continued Public Hearing from April 14, 2009 -- Request for a Rezone of 1.69 acres from C -G and I -L zones for Fignut -- w/o S. Locust Grove, n/o Overland and s/o 1-84 AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Request for Continuance CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. April 24, 2009 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT Ronald Van Auker ITEM NO. 13 REQUEST Continued Public Hearing from April 14, 2009 -- Request for Preliminary Plat approval consisting of 6 non-residential building lots and 1 other lot in a proposed C -G and I -L zone for Fignut --w/o Locust Grove, n/o Overland s/o 1-84 PP 08-012 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Previous Item Packet / Minutes See attached Request for Continuance Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meddlan. • April 24, 2009 i MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT Primeland Development Company, LLP ITEM NO. 14 REQUEST Ordinance No. 09-1400 — Request for Rezone of 93.64 acres from L -O and R-4 to C -G, L -O, C -C and R-15 zones for Volterra Mixed Use -- w/o N. Ten Mile Road & No W. McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached 00\ .1 �Aoo Date: Phone: _ Staff Initials: Materials presented at public meetings shah become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NXVARRO AMOUNT BOISE IDAHO 05/13!09 02:43 PM 00 10 DEPUTY Bonnie rbillig III IIII'I'lll'IIIIIIIIIIIII�I"II I'II RECORDED—REQUU EST OF Meridian Ciiq 109055257 CITY OF MERIDIAN ORDINANCE NO. 09 — 1400 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 08-004 VOLTERRA MIXED USE) FOR ANNEXATION OF A TRACT OF LAND AS DESCRIBED IN SPECIAL WARRANTY DEED, INSTRUMENT NO. 106099040, RECORDS OF ADA COUNTY, IDAHO, TOGETHER WITH A PORTION OF A TRACT OF LAND AS DESCRIBED IN SPECIAL WARRANTY DEED, INSTRUMENT NO. 106099041, RECORDS OF ADA COUNTY, IDAHO, TOGETHER WITH A PORTION OF A TRACT OF LAND AS DESCRIBED IN SPECIAL WARRANTY DEED, INSTRUMENT NO. 106041249, RECORDS OF ADA COUNTY, IDAHO TOGETHER WITH A PORTION OF THE RIGHT-OF-WAY OF WEST MCMILLAN ROAD AND NORTH TEN MILE ROAD, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 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 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 L -O (LIMITED OFFICE DISTRICT) AND R-4 (MEDIUM -LOW DENSITY RESIDENTIAL DISTRICT) TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT), L -O (LIMITED OFFICE DISTRICT), C -C (COMMUNITY BUSINESS DISTRICT) AND R-15 (MEDIUM-HIGH 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 limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Primeland Development Company, LLP. ANNEXATION — RZ 08-004 — VOLTERRA MIXED USE Page 1 of 3 SECTION 2. That the above-described real property is hereby annexed and re -zoned from L -O (Limited Office District) and R-4 (Medium -Low Density Residential District) to C -G (General Retail and Service Commercial), L -O (Limited Office District), C -C (Community Business District), and R-15 (Medium -High 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 City of Meridian 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 re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2009. ANNEXATION — RZ 08-004 — VOLTERRA MIXED USE Page 2 of 3 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this F day of ada&j 2009. ATTEST: 414vto C11 STATE OF IDAHO, County of Ada MM ,/� �; , i `'�1 1' �� 1 ``t\``���t�s�t�u�uirrrr��i Orr 7 \``` CITY CLERf NC5 O Cb ss: On this ay of jAr�. 1 2009, before me, the undersigned, a Notary Public in and for said State, personally ap eared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) •® °� p'�A A? 1�1 O ® �c Z. o e e IC u'j N,crrARY PUBLIC FOR IDAHO RESIDING AT: ftd A L Le -U < 1 r-) MY COMMISSION EXPIRES: (Q 1) -) 1 ANNEXATION - RZ 08-004 - VOLTERRA MIXED USE Page 3 of 3 Legal Descriptions LEGAL DESCRIPTION OF: Overall Rezone Boundary OsQuadrant Consulting, Inc. A parcel of land being a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106099040, records of Ada County, Idaho, together with a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106099041, records of Ada County, Idaho, together with a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106041249, records of Ada County, Idaho, together with a portion of the Right - ©f --Way of West McMillan Road and North Ten Mile Road, situated in the Southeast quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Section comer common to Section 27, 26, 34 and 35 of said Township and Range; thence along the South line of said Section North 88°5629" West, 891.33 feet to the POINT OF BEGINNING; thence continuing North 88°56'29" West, 969.93 feet; thence leaving said South line North 01'53'56" East, 1299.71 feet; thence North 06°37'30" West, 612.06 feet; thence North 22°14'26" East, 338.89 feet; thence North 00'59'37" East, 409.34 feet to a point on North line of said Southeast quarter, thence along said north Iine South 89`21'12" East, 1769.59 feet to the East quarter comer of said Section 27; thence South 0'21'16" West, 1738.65 feet along the East line of said Section 27; thence leaving said East line North 89°38'46" West, 485,15 feet; thence 623.40 feet along a curve to the left, said curve having a radius of 400.00 feet, a delta angle of 89'17'46" and a long chord bearing South 4542'22" West, for a distance of 562.20 feet; thence South 01'03'30" West, 499.73 feet to the POINT OF BEGINNING; Said parcel contains 93.65 acres more or less. jy!j� AUG 1.9 Mpg MIRRIDIAN Puayc WORKS DEPT. 1904 W. Overland - Boise, ID 83705 • Phone (208) 342.0091 • Fax (208) 342-0092 • Email: quadront@quadront.cc Civil Engineering • Surveying • Construction Management /m--1 ON Quadrant LEGAL DESCRIPTION OF: Consulting, Inc. Proposed R-15 Zoning A parcel of land being a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106099040, records of Ada County, Idaho, together with a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106099041, records of Ada County, Idaho, together with a portion of the Right -Of -Way of West McMillan Road, situated in the Southeast quarter of Section 27, Township 4 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Section comer common to Section 27, 26, 34 and 35 of said Township and Range; thence along the South line of said Section 27 North 8805629" West, 1020.01 feet to the POINT OF BEGINNING; thence continuing North 880 56129" West 841.25 feet; thence leaving said South line North 01 ° 53' 56" East 1117.09 feet; thence North 900 00'00" East 739.71 feet; thence 40.48 feet along a curve to the right, said curve having a radius of 280.00 feet, a delta angle of 080 17'02" and a long chord bearing South 030 05'00" East for a distance of 40.45 feet; thence South 01° 03' 31" West 588.00 feet; thence 140.00 feet along a curve to the left, said curve having a radius of 350.00 feet, a delta angle of 220 55'06" and a long chord bearing South 10" 24'02" East for a distance of 139.07 feet; thence South 21151'35" East 100.00 feet; thence 80.00 feet along a curve to the right, said curve having a radius of 200.00 feet, a delta angle of 22° 55'06", and a long chord bearing South 10° 24'02" East for a distance of 79.47 feet; thence South 01' 03'3 1 " West 196.00 feet to the POINT OF BEGINNING; Said parcel containing 20.00 acres more or less. REVIE PP VAL BY AM 19 20 MERIDIANI PUBLIC WORKS DEPT. 1904 W. Overland - Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Email: quadront@quodront.cc Civil Engineering • Surveying • Construction Management ■■ NO Quadrant Consulting, Inc. LEGAL DESCRIPTION OF: Proposed. C -C Zoning A parcel of land being a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106099041, records of Ada County, Idaho, together with a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106041249, records of Ada County, Idaho, situated in the Southeast quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Section corner common to Section 27, 26, 34 and 35 of said Township and Range; thence along the South line of said Section 27 North 88156'29" West, 1861.26 feet; thence leaving said South line North I" 53'56" East 1117.09 feet to the POINT OF BEGINNING; thence continuing North 10 53'56" East 182.62 feet; thence North 06° 37' 30" West 612.06 feet; thence North 220 14' 26" East 338.89 feet; thence North 00159'37" East 56.43 feet; thence South 890 23'45" East 104.83 feet; thence 250.00 feet along a curve to the left, said curve having a radius of 1150.00 feet, a delta angle of 12127'20" and a long chord bearing North 84° 22'35" East for a distance of 249.51 feet; thence 423.13 feet along a curve to the right, said curve having a radius of 2000.00 feet, a delta angle of 12° 07' 18" and a long chord bearing North 84° 12'34" East for a distance of 422.34 feet; thence 521.30 feet along a curve to the left, said curve having a radius of 2350.00 feet, a delta angle of 12° 42'36" and a long chord bearing North 83° 54'55" East for a distance of 520.23 feet; thence South 08° 48' 46" East 100.00 feet; thence 100.00 feet along a curve to the right, said curve having a radius of 650.00 feet, a delta angle of 08° 48'53" and a long chord bearing South 04° 24'20" East for a distance of 99.90 feet; thence 425.00 feet along a curve to the left, said curve having a radius of 1900.00 feet, a delta angle of 121 48'58" and a long chord bearing South 06° 24'22" East for a distance of 424.11 feet; thence 1904 W. Overland - Boise, ID 83705 - Phone 1208) 342-0091 - Fox (208) 342-0092 - Emoil: quodrant@cjuodront.cc Civil Engineering - Surveying - Construction Management ■ w-1 ■■ Quadrant Consulting, Inc. 540.53 feet along a curve to the right, said curve having a radius of 4500.00 feet, a delta angle of 06° 52'56" and a long chord bearing South 09° 22'23" East for a distance of 540.21 feet; thence North 88° 56'27" West 836.90 feet; thence 159.52 feet along a curve to the right, said curve having a radius of 280.00 feet, a delta angle of 32° 38' 30" and a long chord bearing South 23° 32'46" East for a distance of 157.37 feet; thence North 90° 00'00" West 739.71 feet to the POINT OF BEGINNING; Said parcel containing 37.84 acres more or less. ava� Rpt av WEI 19'x$ o Rp". a 1904 W. Overland • Boise. l0 83705 • Phone (208) 342-0091 • Foix (208) 342-0092 • Email: quadrant@quadrant.cc Civil Engineering • Surveying • Construction Management Fn—ki E Quadrant Consulting, Inc. LEGAL DESCRIPTION OF: Proposed L -O Zoning A parcel of land being a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106041249, records of Ada County, Idaho, together with a portion of the Right - Of --Way of North Ten Mile Road, situated in the Southeast. quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Section corner common to Section 27, 26, 34 and 35 of said Township and Range; thence along the East line of said Section 27 North 00°21'16" East, 2472.93 feet to the POINT OF BEGINNING; thence leaving said East fine North 89° 38'44" West 185.00 feet; thence 247.00 feet along a curve to the left, said curve having a radius of 1000.00 feet, a delta angle of 141 09'07", and a long chord bearing South 83° 16'42" West for a distance of 246.37 feet, thence 577.00 feet along a curve to the right, said curve having a radius of 2350.00 feet, a delta angle of 141 04'05", and a long chord bearing South 83° 14' 11" West for a distance of 575.55 feet; thence 423.13 feet along a curve to the left, said curve having a radius of 2000.00 feet, a delta angle of 12° 07' 18", and a long chord bearing South 84° 12'34" West for a distance of 422.34 feet; thence 250.00 feet along a curve to the right, said curve having a radius of 1150.00 feet, a delta angle of 12" 27'20", and a long chord bearing South 84° 22'35" West for a distance of 249.51 feet; thence North 890 2314511 West 104.83 feet; thence North 000 59'37" East 352.92 feet to the north line of said tract; thence along said north line South 890 2111211 East 1769.59 feet to the East quarter corner of said Section; thence South 000 21'16" West 171.46 feet along the East line of said section to the POINT OF BEGINNING; Said parcel containing 10.7 tfcres more or less. BV REVI P UAL AUG 19 2�8 MERIDIAN PUBLIC WORKS DEPT, 1904 W. Overland • Boise, ID 83705 • Phone 12081342-DO91 • Fax (208) 342-0092 - Email: quadrant9quodront,cc Civil Engineering • Surveying • Construction Management ®■ ?uadranfinsting, Inc. LEGAL DESCRIPTION OF: Proposed C -G Zoning A parcel of land being a portion of tract of land as described in Special Warranty Deed, Instrument No. 106099040, records of Ada County, Idaho, together with a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106099041, records of Ada County, Idaho, together with a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106041249, records of Ada County, Idaho, together with a portion of the Right - Of -Way of West McMillan Road and North Ten Mile Road, situated in the Southeast quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Section corner common to Section 27, 26, 34 and 35 of said Township and Range; thence along the East line of said Section 27 North 00021'l6" East, 905.74 feet to the POINT OF BEGINNING; thence leaving said East line North 890 38'46" West 485.15 feet; thence 623.40 feet along a curve to the left, said curve having a radius of 400.00 feet, a delta angle of 89° 1746", and a long chord bearing South 450 42'22" West for a distance of 562.20 feet; thence South 011 03'30" West 499.73 feet to the South line of said Section 27; thence along said South line North 880 56'29" West 128.68 feet; thence leaving said South line North 010 03'31 " East 196.00 feet; thence 80.00 feet along a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 22° 55'06", and a long chord bearing North 10° 24'02" West for a distance of 79.47 feet; thence North 210 5l' 35" West 100.00 feet; thence 140.00 feet along a curve to the right, said curve having a radius of 350.00 feet, a delta angle of 221 55'06" and a long chord bearing North 10° 24'02" West for a distance of 139.07 feet; thence North 01 ° 03'3 1 " East 588.00 feet; thence 200.00 feet along a curve to the left, said curve having a radius of 280.00 feet, a delta angle of 40° 55'32" and a long chord bearing North 19° 24' 15" West for a distance of 195.78 feet; thence South 88° 56'27" East 836.90 feet; thence 1904 W. Overland • Boise. ID 83705 • Phone (208) 342-0091 • Pax (208) 342-0092 • Email: quadrant@quadrani.cc Civil Engineering • Surveying • Construction Management . Exhibit B - Map 0 • 2! 25 NO'59'37'E PROPOSED L-0 ZONE SM-M44"E 408,34 7 D.70 ACRES 185.00' n n Gti C12 C13 C10 C9 a,ti S.W. DEEDINST. N0. TD6041249 AM r CURVE TABLE CURVE TABLE _-�� CITY OF MERIDIAN PROPOSED C -C ZONE LvhCrti a a DELTA CHORD BRC:. CHORC ' C1 p .0 37,84 ACRES 89'17'46" 545'42'22"W e C2 80 OC 200.00 3 79.47 G3 140. GD w ;o 22'55'06' SIC -24.02-E 139.07 C4 159 52 28000 3238'30" N23'32'46`W 157 37 C5 540.53 4500.00 CURRENT $40.21 C6 v 1900.00 . :d 42411 C' i ---- R-4 ZONE 650.00 8'48'53' N4'24'2C'W 99.90 C8 g 2350 Oil , i'2Y 29' ' N76 -52-53"E 155 70 J 115 ?a m 45 -Z N80'00'00'E739.71 PROPOSED C- -G ONE C14 25.10 ACRES NN38-4'W 8 48515' S:W. DEED INST.- N0. 106099041 G` PROPOSED R-15 ZONE i S.W. DEED INST, 20.0G ACRES NO 106099040 ' $ f I w * CURRENT C -G ZONE nit 3 I 121 W1'3WV W 100.61' a I N1"03`31`E rn U 2' mQ'--'� -- - - ------ '--- - 188.00' - '_ _84].25. J w -89133' , 27 26 ' 0. D 34 i 2654 74' N88'56'29'W ---------- W. NCMIL-LAN ROAD -_ -34 �7 35 a 128.88' u r CURVE TABLE CURVE TABLE _-�� CITY OF MERIDIAN CURw LvhCrti RADIUS DELTA CHORD BRC:. CHORC ' C1 823.40 40000 89'17'46" 545'42'22"W 562 20 C2 80 OC 200.00 22'55'06" Si4'24'02"E 79.47 G3 140. GD 350.00 22'55'06' SIC -24.02-E 139.07 C4 159 52 28000 3238'30" N23'32'46`W 157 37 C5 540.53 4500.00 652'56' N9'22'23"W $40.21 C6 425.00 1900.00 . n2'a8'S8" N6'24'22'W 42411 C' i ---- 100.00 650.00 8'48'53' N4'24'2C'W 99.90 C8 55 70 2350 Oil , i'2Y 29' ' N76 -52-53"E 155 70 J S89'21'12'E 1769.58' VOLTERRA SUBDIVISION PROPOSED ZONING■ CURVE TABLE mml MQ u a d ra n t CITY OF MERIDIAN CURVE LENGTH RADIUS ' DEL rA I CHORD BRC. CHORD Co 521301 2350.00112'42'36" S83'54'55'W 520.23 CTO 250.00 1150.00 12'27'20" 584'22'35'W 249.51 C11 423.13 2000.00 1 12'07'18" S8472'34'W 42234 C12 57700 2350.00 14.04'05' 583'14'11"W 5'S 55 C13 247.00 100000 14'09'07" 1483'18'42'E ' 2A6 37 C14 4048 280.00 81102"53'05'WE 40.45 C15 20000 280 IG 140'55'32' N19 -24'15"W 115 ?a S89'21'12'E 1769.58' VOLTERRA SUBDIVISION PROPOSED ZONING■ mml MQ u a d ra n t CITY OF MERIDIAN Consu'ting, Inc ADA COUNTY SEC 27, r -4N, R -7W QAHO 1904 Ve OVERLAND ROAD 8cise. +doho 83705 (208) 342.0091 Pi+ Nr (208) 542-0092 iAY Crest .14AGf+4r1,r SCALE 1-.500 PROJECT NO. 345-.^,b I DATE- 8/6/2009 PAVE SHEET 7 OF �!i/i,D ��.:rI,C ♦rtllJ ��i �i� nn. ���IjII �rffJ- 1�♦. ♦♦ ♦ - LV � nl n /` / 1 n.. �: . �. ♦ ♦ . s _ rr "i. :fto. so ' is All 411110 fl.n�� _ ^ ;r .0 1'' ...:.. �r/ • iin� ��4' 0 April 24.2009 AZ 08-012 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT Landmark Engineering & Planning ITEM NO. 15 REQUEST Ordinance No. 09-1401 -- Request for Annexation and Zoning of 5.03 acres from RUT to R-4 zones for Shays Cove -- 3155 S. Mesa Way AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT. CITY BUILDING DEPT: CITY WATER DEPT. CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Matedais presented at pubNc meetings strait become properly of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6 • BOISE IDAHO 05/13/09 02:43 PM DEPUTY Bonnie lII i I'IIII'IIIIII'II'I�III'IIII'III'll RECORDED -REQUEST UEST OFF Meridian Clay 109055256 CITY OF MERIDIAN ORDINANCE NO. - 146 � BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 08-012 SHAYS COVE) FOR ANNEXATION OF A PARCEL OF LAND BEING A PORTION OF LOTS 1 AND 2 OF BLOCK 2 OF KACHINA ESTATES ON FILE IN BOOK 35, PAGE 36 IN THE OFFICE OF THE RECORDER, ADA COUNTY SITUATED IN THE SW '/ OF THE SE / OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (LOW 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 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: John Shay. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT (Ada County) to R-4 (Low 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 City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — AZ 08-012 SHAYS COVE Page 1 of 3 • SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this zma of 2009. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this gL"'day of 2009. ATTEST: ANNEXATION — AZ 08-012 SHAYS COVE MAYORie o = REAL Page 2 of 3 STATE OF IDAHO, 0 ss: County of Ada ) On this U day of A�r ( I 2009, before me, the undersigned, a Notary Public in and for said State, personally a eared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •®,Osseo... (SEAL) •• '�XU 1�► ••+ NOTARY PUBLICFOR IDAHO ®?'q' ;�• RESIDING AT: tdL MY COMMISSION EXPIRES: a + s ANNEXATION — AZ 08-012 SHAYS COVE Page 3 of 3 Prgj = Duca: • 0 332 N. 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ANNMTJON DI SCRiP' ON ey mm mm mr • April 24, 2009 MERIDIAN CITY COUNCIL MEETING April 28, 2009 APPLICANT ITEM NO. 16 REQUEST Ordinance No. 09-1404 -- Reimbursement Code (2nd of 3 Readins) 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: Date: Phone: Staff Initials: Materials presented at pubUc meeflngs shall become properly of the City of Meridian. Contacted: Emailed: See aihtched CITY OF MERIDIAN ORDINANCE NO. q BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN, REPEALING TITLE 9, CHAPTER 1, SECTION 13 AND TITLE 9, CHAPTER 4, SECTION 19 OF THE MERIDIAN CITY CODE, RELATING TO COOPERATIVE AND/OR REIMBURSEMENT AGREEMENTS; ENACTING A NEW SECTION, TITLE 8, CHAPTER 6, SECTION 2, RELATING TO REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS; AND PROVIDNG AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that as to particular areas within the City, is in the best interest of the City of Meridian to encourage and incentivize the installation of public works infrastructure that will serve future growth as well as the instant development; WHEREAS the establishment of eligibility criteria and standards under which the City and/or a private developer may enter into and implement an agreement to reimburse such developer for the enhanced portion of the infrastructure installed will standardize such agreements and facilitate the smooth transition of such infrastructure to City ownership; and WHEREAS the calculation, recording, and recoupment of value inuring to developments that later utilize enhanced infrastructure will clarify the respective roles of beneficiary developments and the City in the context of infrastructure planning; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 9, Chapter 1, Section 13, of the Meridian City Code is hereby repealed: REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 1 OF 15 ROME P Y. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 1 OF 15 0 0 r���rr=7aa••a�r�a:�:iz�rr�a = r. _-e�imri�•araeris:ri�� or��n LI I Feifl*ufsement agr-eemmA from eity eouneil prior- te eenstmcAien plan approval by -- - I Y.MATT T I Y.MATT T REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 2 OF 15 • 0 ■ ■ :.,IS,; t• ,:.I,_E•._o 7 D b 4 of a .++-4;.+r ... of the n4o.. system assessment fees r -e e;.soa by the i.;t. .�. fr-emo t1. d t t t., the ata. main .,a; r,t to the user's r.t. oet REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 3 OF 15 • 0 PMACM—M raw ftVA_ _ a 1. .. Y • . . peFee- -;Fvaluated en em iFAN4du0 b�_-1 a� 4— Section 2. That Title 9, Chapter 4, Section 19, of the Meridian City Code is hereby repealed: REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 4 OF 15 �!/!�)R•y} �a���l}R�R�I ���I�I! � - Rl1R lS!}Rl� !]�l�ll R}i!S!1Sf �TTSi+TTi 1 rem standard speeifieations and details-; 7 agreement, and fe _it . �LGI'P�CCfive pefeent4iTIIIIIJ[rw1TV tri v against the 7 7 auditing, REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 5 OF 15 If lily 11,1p �LGI'P�CCfive pefeent4iTIIIIIJ[rw1TV tri v against the 7 7 auditing, REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 5 OF 15 9 • romVrefto MY Feet -II 11 11 11 It 11 11 F11 11 — F- 5�w"F—F—F—F—F� F- 40— REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 6 OF 15 lol W.Y. ........... . . .. . ........ Mill'o, M- • Feet -II 11 11 11 It 11 11 F11 11 — F- 5�w"F—F—F—F—F� F- 40— REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 6 OF 15 0 • 4-&- 1 - �a 'L 1 °�- I _ �. o i 4 -! 4-' 3_4 904_ H4Fr°lam -� FOO Section 3. That a new section, Title 8, Chapter 6, Section 2, is hereby added to read as follows: 8-6-2 REIMBURSEMENT AGREEMENT FOR INFRASTRUCTURE ENHANCEMENT A. Purpose: 1. To establish a procedure to reimburse developers for the differential costs associated with the installation of sanitary sewer and/or water infrastructure above and beyond that which is necessary to provide service to the developer's own project. 2. To provide an incentive to developers to install sanitary sewer and/or water infrastructure with the capacity to serve future growth as well as the developer's own project in growth priority areas. 3. To clarify that all infrastructure installed pursuant to the procedure set forth in this chapter shall become part of the City of Meridian's Sanitary Sewer and/or Water System. 4. To provide reasonable incentives to direct growth for future development. 5. To insure that new infrastructure is provided at no cost to the City, upon the City's acceptance of such infrastructure, rather than upon full reimbursement to the developer installing such infrastructure. 6. To allow for a Reimbursement Agreement for Infrastructure Enhancement (RAIE) if the preliminary plat for the project was approved by March 1, 2007. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 7 of 15 ... M,.�, Section 3. That a new section, Title 8, Chapter 6, Section 2, is hereby added to read as follows: 8-6-2 REIMBURSEMENT AGREEMENT FOR INFRASTRUCTURE ENHANCEMENT A. Purpose: 1. To establish a procedure to reimburse developers for the differential costs associated with the installation of sanitary sewer and/or water infrastructure above and beyond that which is necessary to provide service to the developer's own project. 2. To provide an incentive to developers to install sanitary sewer and/or water infrastructure with the capacity to serve future growth as well as the developer's own project in growth priority areas. 3. To clarify that all infrastructure installed pursuant to the procedure set forth in this chapter shall become part of the City of Meridian's Sanitary Sewer and/or Water System. 4. To provide reasonable incentives to direct growth for future development. 5. To insure that new infrastructure is provided at no cost to the City, upon the City's acceptance of such infrastructure, rather than upon full reimbursement to the developer installing such infrastructure. 6. To allow for a Reimbursement Agreement for Infrastructure Enhancement (RAIE) if the preliminary plat for the project was approved by March 1, 2007. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 7 of 15 • 0 B. Definitions 1. Beneficiary A person or entity that is or will be the recipient of some or all proceeds or benefits collected, distributed, and/or realized pursuant to a RAIE and/or the provisions of this chapter. 2. Beneficiary Parcel A parcel of land upon which is situated development that utilizes or could utilize any utilities or infrastructure constructed by the City or by a private individual, where no owner or developer thereof has directly contributed to the cost of constructing such utilities or infrastructure. 3. Beneficiary Reimbursement Amount The amount collected from beneficiaries of infrastructure enhancements installed pursuant to an RAIE upon development of beneficiary parcels. The beneficiary reimbursement fee shall be determined by dividing the total eligible reimbursement amount by the acreage within the service benefit area. The beneficiary reimbursement amount shall be collected upon development of beneficiary parcels at one of the following points: a) prior to signature on the final plat; b) prior to the issuance of the first building permit; or c) at another point as determined by the City. 4. City and City Council The City of Meridian and the duly sworn City Council of the City of Meridian 5. Developer A person or entity that engages in development. 6. Development Any aspect of improving, constructing, subdividing, and/or investing in land capacity and infrastructure for the purpose of growing residential, commercial, industrial, or other community enhancement opportunities. 7. Eligible Reimbursement Amount REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 8 OF 15 9 9 The actual differential cost between an infrastructure enhancement and infrastructure necessary to provide service to the developer's own project. The total eligible reimbursement amount shall include only reasonable engineering, surveying, construction staking, license agreements, easements, testing, and project management. Director The Director of the City of Meridian Public Works Department, and/or his or her designee. 9. Growth Priority Areas The City of Meridian Public Works Department, in conjunction with the Meridian Planning Department, shall develop a map indicating growth priority areas within the Sewer Master Planning areas. The growth priority area map, once approved by the Meridian City Council, shall be used to determine the percentage of eligible reimbursement amount that a particular parcel within the master planning area may be eligible to receive. In the event that a development spans across more than one growth priority area, the designation for the greatest portion of the development shall be used for the entire development. 10. Incentive Funds Funds allocated by the City for use to provide incentive for directing growth.to identified priority areas. 11. Infrastructure A sewer and/or water main and all associated components thereof. 12. Infrastructure Enhancement Infrastructure above and beyond that which is necessary to provide service to the developer's own project, installed by a developer pursuant to a RAIE and/or the provisions of this chapter. 13. Infrastructure Master Plan The plans for overall citywide sewer and water infrastructure installation as approved by the Director. A written agreement voluntarily entered into between the City and the developer installing an infrastructure enhancement as a component of a specified development, the terms of which agreement shall be mutually negotiated and agreed upon in compliance with the provisions of this chapter, the Infrastructure REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 9 of 15 • • Master Plan, and the particular infrastructure needs of the development and its service benefit area. The land area and all development thereon that, in the foreseeable future, be served by an infrastructure enhancement installed by the developer pursuant to an RAIE and the provisions of this chapter. The service benefit area shall not include the developer's own property. Any person or entity using or requesting the use of infrastructure. C. Procedure: 1. Only infrastructure enhancements constructed in conjunction with developments for which the preliminary plat has been approved by March 1, 2007 shall be eligible for reimbursement under an RAIE. 2. The City or a developer may request or propose an RAIE. Neither the City nor any developer shall be required to enter into an RAIE. The City Council shall consider the recommendation of the Director in determining whether or not an RAIE may be feasible and in the best interest of the City. 3.. Upon a determination by the City that it may be feasible and in the best interest of the City to enter into an RAIE, the City shall invite the developer to submit a written reimbursement proposal. 4. The developer shall submit such written reimbursement proposal to the Director, which written request shall include: a. The estimated costs of engineering, surveying, construction staking, license agreements, easements, testing, project management, and construction of the infrastructure necessary to provide service to the developer's own project. This estimate shall be based on the construction of infrastructure for the developer's property as a stand-alone project that would, in all respects, meet the standards of the Idaho Standards for Public Works Construction (ISPWC), City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction, and the City of Meridian Infrastructure Master Plan. b. The estimated costs of engineering, surveying, construction staking, license agreements, easements, testing, and project management, and construction of the infrastructure for the service benefit area. c. A detailed reimbursement proposal, including certification of a registered professional engineer regarding the sizing and capacity requirements for the developer's own project, the cost of design, construction, and installation thereof, and certification of a registered professional engineer REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 10 OF 15 0 • regarding the sizing and capacity requirements for the above -and -beyond infrastructure as required by the City of Meridian Public Works Infrastructure Master Plans. 5. Upon receipt of the developer's written reimbursement proposal, the Director shall have a staff report prepared to include the following: a. Whether the proposal meets all provisions of this chapter and/or other applicable standards and laws, including whether the proposed new infrastructure and utilities serving development in the City of Meridian can be planned and installed so as to comply with the minimum main size, depth, and general location as specified in the Idaho Standards for Public Works Construction (ISPWC); the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction; and the City of Meridian Infrastructure Master Plan. b. Determine the service benefit area. c. Whether the project, as proposed, is eligible for reimbursement. d. A preliminary determination of eligibility for an RAIE. e. Whether the Director recommends City Council approval, modification, or denial of such reimbursement proposal. The Director shall provide the staff report to the developer, advising that the preliminary determination of eligibility shall not be construed as City Council approval of the reimbursement proposal, unless and until finally approved by City Council. 6. Upon a recommendation of approval of the proposed plans, the department shall forward the staff report and the plans to the City Clerk for review by City Council. City Council shall preliminarily approve, deny, or require modifications to the reimbursement proposal. 7. Upon City Council's preliminary approval of the reimbursement proposal, the City Attorney shall, with the developer and the department, prepare an RAIE. The RAIE shall include all of the following terms in addition to any others as agreed to by the parties: a. Incorporation of the reimbursement proposal as approved by City Council; b. The service benefit area that will be served by the project infrastructure; c. The per -acre beneficiary reimbursement amount, to be calculated by dividing the eligible reimbursement amount by the acreage within the service benefit area. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 11 OF 15 • d. The total beneficiary reimbursement amount to be assessed against the beneficiaries with tin the service benefit area, plus a fifteen percent (15%) administrative change to be collected by the City from such beneficiaries, which percentage shall be based upon the cost of the infrastructure enhancement and not on the total cost of the development project. e. The total maximum eligible reimbursement amount, less the administrative charge; f. The growth priority designation of the development, including the source of funds that will comprise the eligible reimbursement amount; g. The term of the Agreement, which term shall not exceed ten (10) years, unless the City is the beneficiary of the agreement, except that the RAIE may be extended upon the recommendation of the Director, with the approval of City Council; h. That the RAIE will terminate when either of the following events occur, whichever comes first: (1) Expiration of the term of the agreement; or (2) Upon the City's remittance to the developer of the full eligible reimbursement amount; i. That the RAIE may be assigned or transferred with the express written consent of the City Council, which consent shall not be unreasonably withheld; j. That the developer shall be required to indemnify and hold the city harmless from any and all liability whatsoever until the infrastructure has been accepted by the City; k. That the agreement shall be binding on the developer and his or her heirs, assignees, transferees, agents, and executors; 1. A condition that the parties must renegotiate a final agreement that will contain all final costs of construction. In. That the agreement shall be recorded as a notice against the property of the developer and the benefitted properties; and n. The final RAIE will be prepared with all final costs of construction that have been submitted to the Director by the developer at completion of construction, and shall be verified by the Director prior to the approval of the City Council. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 12 of 15 8. Upon finalization and execution of a reimbursement agreement by the developer and the City, the developer shall construct and install the infrastructure in accordance with the approved plans, the RAIE, this chapter, and any and all applicable laws, regulations, and standards. 9. After all inspections are complete and the construction as met all standards of the RAIE the City shall issue a letter of acceptance of the installed infrastructure and shall take over ownership and maintenance of the infrastructure. D. Reimbursement: 1. Upon completion of installation of infrastructure as set forth in the RAIE, the City shall reimburse the developer from reimbursement amount collected from the service benefit area when, and only when, such amounts fees are collected. 2 Where phased development is planned for a property within the service benefit area, the City shall assess the reimbursement amount against acreage developed within each phase at the time of development. 3 Where a property outside the service benefit area benefits from the infrastructure installed to serve the service benefit area, the owner of such property shall be assessed the reimbursement amounts as established by the structured reimbursement agreement, upon agreement of the City and the benefiting property owner. 4. The City of Meridian shall collect reimbursement amounts based upon this ordinance. Twice yearly the City shall audit and process reimbursement payments on a schedule to be determined by the City. E. Incentivized Reimbursement for Growth Priority Areas 1. The City of Meridian Public Works Department, in conjunction with the City of Meridian Planning Department, shall develop a map indicating growth priority areas within the City. In the event that a development spans across more than one growth priority area, the highest designation of any portion of the development may be used for the entire development. 2. To incentivize development in particular areas, developers may be reimbursed as negotiated by the parties and mutually agreed, in writing, in an RAIE, according to the following schedule: a. In Low Growth Priority Areas, the developer shall be entitled to one hundred percent (100%) of the eligible reimbursement amount, which shall be recouped from beneficiary reimbursement fees. No additional City funds shall be contributed to reimburse the developer installing infrastructure enhancements in a Low Growth Priority Area. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 13 OF 15 9 b. In Medium Growth Priority Areas, the developer shall be entitled to one hundred percent (100%) of the eligible reimbursement amount, which shall be recouped from beneficiary reimbursement fees, and the parties may negotiate an additional payment of up to ten percent (10%) of the eligible reimbursement amount, which shall be provided from City funds. C. In High Growth Priority Areas, the developer shall be entitled to one hundred percent (100%) of the eligible reimbursement amount, which shall be recouped from beneficiary reimbursement fees, and the parties may negotiate an additional payment of up to twenty percent (20%) of the eligible reimbursement amount, which shall be provided from City funds. 3. All City of Meridian incentive funds paid towards a RAIE shall be remitted to developer within thirty (30) days after the completion of the project. 4. All remaining funds paid to a developer shall be from the reimbursement amount collected from the properties located within the service benefit area. F. Reimbursement to the City Where the City constructs any infrastructure, regardless of whether it is master planned or not, either on its own or in conjunction with another person or entity, the City may prepare and record a reimbursement memorandum that shall have the same force and effect as an RAIE so that the City shall be reimbursed by beneficiary parcels for its actual costs of construction. The term of a RAIE of this type shall be of any length as determined by the City Council. The Incentivized Growth Priority Area reimbursement structure shall not apply to such memoranda. Section 2: This Ordinance shall be in full force and effect upon approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2009. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2009. MAYOR ATTEST: REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 14 OF 15 • CITY CLERK REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 15 OF 15 E IDIANt-.� N ?�L DELIQUENCY FOR TURN OFF Schedule for April 29, 2009 Cycle 1 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba R'ECR'V],7,D R 2 8 2aW CITY OIFC�!$ �Nq CITY CLERKS OFFICE MAYOR: This letter attests to the fact that no water users have requested a pretermination hearing for April 29, 2009. Users having delinquent utility bills will be shut off on April 29, 2009. The total amount past due is $9,571.19 The number of past due customers is 107 Shellie Gallagher Utility Billing Manager • • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Apr 28, 2009 04:02pm Current Period: 05/05/2009 - Transactions Included Through: 05/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<)7700000001 Customer.Bill Cycle =1 Customer.Customer Type = {not like) BANKRUPTCY% Customer.Shut off list = False Customer.Vacant = False Customer.Ext Agreements = False Ref No Cust No Name / Service Address Past Due Balance 1 24.04.1904.01 ABBOTT, SCOTT 60.98 147.12 2088 LUCERNE ST W 2 30.74.3644.03 ADAMS, CYNTHIA 155.96 200.89 955 MUSCOVY AVE S 3 35.35.3046.02 ANDERSON, JACOB 53.45 126.65 2177 HORSE CREEK CT E 4 35.35.0042.03 ANTONOV, ALEX & GALINE 74.36 163.61 2730 GREEN CANYON DR E 5 25.25.4036.02 ARAGON, ALFREDO 60.98 130.31 1472 TESSA AVE N 6 30.74.3110.03 ARENDS, GARRICK & STEPHANIE 83.45 148.68 919 EGRET DR W NO ARRANGEMENTS, NO CHECKS 7 36.36.1076.03 BAIYA, EVANSON 51.15 152.36 580 FALLINGBRANCH DR E 8 32.32.4008.02 BALL, DOUGLAS & MELANIE 83.65 133.23 625 TRUSS AVE S 9 36.88.0506.01 BANNER CONSTRUCTION 263.85 277.88 246 AMALIE DR E 10 22.50.1912.02 BARNHART, RICK 86.33 151.01 1596 PENRITH PL N 11 32.32.4864.02 BASTIAN, BRIAN & TAMI 52.25 106.48 507 TIBURON AVE S 12 36.69.0582.03 BECK, JAMES 112.83 230.32 1289 SHEPHERD ST E MICHELLE TURNER MADE ARRANGEMENTS FOR 03/30/2009 $90.69 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Apr 28, 2009 04:02pm Current Period: 05/05/2009 - Transactions Included Through: 05/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address 13 25.25.4012.04 BELANGEE, KEVAN & KRISTIN 4592 ASPEN CREEK ST W (CORNER) NO ARRANGEMENTS FOR THE RENTERS PER PM!!! Past Due 102.05 Rolonnn 155.09 14 34.34.6008.02 BOUCHARD, LEO & DOREEN 54.32 54.32 3068 BAY STAR WAY S 15 45.25.0307.03 BOULLY, MISTIE 76.55 197.56 1411 SICILY ST E 04/07/09 - 08:55 AM — BalderaM PAYMENT ARRANGEMENT KEPT WITH MISTIE BOULLY 3 MORE ARRANGEMENTS ARE ALLOWED FOR THIS YEAR 2009 03/19/09 - 03:38 PM — Ireese PAYMENT ARRANGEMENT MADE: $43.10 ON 4/2/09 PAYMENT ARRANGEMENT FORM E-MAILED TO CUSTOMER ON 3/19/09. 16 30.74.3010.01 BROTZMAN, HENRY 62.75 138.23 669 CANVASBACK WAY S 10/21/08 - 04:38 PM — nicholse CANCELED D/P PER REQ 17 23.02.4890.04 BURNS, EMMETT 87.16 181.07 1540 15TH ST W 18 30.74.3948.03 C&M ENTERPRISES LLC 65.05 100.95 675 OTTER AVE S RENTER PAYS TOTAL DUE + FEE 19 45.20.0903.03 CHRISTENSEN, KELLI A. 52.18 137.78 3311 POMPEI AVE S 20 23.02.0774.01 CONLIN, CANDICE 73.27 135.07 1030 9TH AVE NW 21 23.02.1920.02 CONRADI, JEFFREY & LINDA 82.77 130.93 323 MAPLE AVE W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Apr 28, 2009 04:03pm Current Period: 05/05/2009 - Transactions Included Through: 05/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 22 23.02.4280.03 CORBETT, ANITA K 111.35 241.54 1226 MAPLE ST 23 37.37.2966.01 CORNELISEN, WENDY 86.94 125.38 2130 BEAR CLAW WAY S 24 46.60.0114.02 COWLES, JEREMY & ANGILENE 53.45 115.36 3675 ARNO AVE S 25 36.02.0117.01 CSK AUTO #4389 108.82 219.46 24 CALDERWOOD DR E 26 25.95.0814.03 DACEY, TIMOTHY 60.98 136.42 4387 HEARST ST W 27 23.23.3020.04 DEUTSCHE BANK NATL TRUST 73.04 104.60 8139TH PLNW 28 30.74.3422.02 DONOVAN, SHASTA 83.65 130.31 1033 VERBENA DR W 29 35.38.0405.03 DYER, DIANNE 73.24 119.65 3078 GUNNELL AVE S RENTER PAYS TOTAL DUES + FEES 30 25.25.4006.04 EASTON, JULIE 63.98 119.50 4526 ASPEN CREEK ST W RENTER PAYS TOTAL DUES + FEES 31 25.25.0120.02 FELDER, ANGELA $ VERPLANCK, R 72.89 124.24 1061 CLIFF CREEK AVE N RENTER PAYS TOTAL DUES + FEES 32 37.37.3980.03 FRANCE, ADAM 62.75 142.59 2110 ALASKA WAY S 33 46.18.1402.01 FRENCH CUSTOM HOMES 155.32 197.08 2501 SANTO STEFANO DR E 34 23.02.3680.04 GARCIA, ERIK & JOHNSON, CALEB 55.22 165.93 103 WASHINGTON AVE W 35 24.03.0844.01 GODFREY, SHELLI 58.00 113.69 616 BROWNFIELD WY W i r CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Apr 28, 2009 04:04pm Current Period: 05/05/2009 - Transactions Included Through: 05/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 36 24.03.0328.04 GONZALES, DANN & 59.29 93.77 2021 SLATON DR W 37 45.25.0601.02 GROCHOW, EDDY & CARRIE 55.22 126.87 1359 PALERMO ST E RENTER PAYS TOTAL DUE + FEE — NO ARRANGEMENTS FOR RENTERS PER HPMIIIIIIIIIIIII 38 22.51.3104.03 GUTH, MICHELLE 91.84 172.55 83 KING ST E RENTER PAYS TOTAL DUES + FEES ''`**NO ARRANGEMENTS PER THE OWNER 39 25.25.4024.03 HALE, JAYSON & LOCKWOOD, AMBER 108.47 179.88 1525 TESSA AVE N 40 23.01.0440.07 HAMRICK, RYAN 92.19 133.12 7108TH STW RENTER PAYS TOTAL DUES + FEES 41 37.37.3250.04 HAND, KENNETH & LISA 90.65 167.51 2660 BEARTOOTH WAY S 42 25.05.0722.02 HOLLEY, ANNA 109.24 215.80 3540 FIR CREEK CT W #1 43 22.50.0226.01 HOWELL, JAMES 68.67 141.04 234 & 236 STATE AVE E 44 20.46.0542.02 HUSIC, ALIJA 149.71 213.55 1091 PRINCIPLE WAY N RENTER PAYS TOTAL DUE + FEE — NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM 45 20.47.1006.04 IMLAY, THOMAS JR 85.44 132.14 1064 PARKDALE AVE N (CORNER) 46 22.50.1750.05 JANSON, DEAN 97.17 162.16 1414 MERIDIAN ST RENTER PAYS TOTAL DUES + FEES 47 30.74.2932.01 JORDAN, MITCHELL 79.00 116.36 1374 PINTAIL DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Apr 28, 2009 04:04pm Current Period: 05/05/2009 - Transactions Included Through: 05/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 48 22.51.4260.01 JR SIMPLOT CO 99.52 204.74 360 BOWER ST E 49 22.50.2360.04 KEANE, PATRICK & JESSICA 73.82 143.23 140.00 1287 DRUCKER ST E 325 IDAHO AVE E 50 22.51.3310.04 KING, CHRISTOPHER 98.59 136.26 McDERMOTT, RYAN K. & KERI K. 226 2ND ST E 126.63 51 35.35.0196.04 KOTTS, BRIAN & ELIZABETH 55.08 118.65 58 3183 TAGISH PL S McFARLAND, SCOTT & NATALIE 53.45 52 32.32.4382.04 LA FERRIERE, TARA 51.87 120.09 2340 CLIFTON DR E 59 22.50.2350.02 53 23.03.9869.01 LAWRENCE, WENDELL & KATHLEEN 237.44 237.44 SPK - 444 LINDER RD N 54 30.74.2748.02 MADERE, TIMOTHY 72.29 122.18 1316 CRESTWOOD DR W ARRANGEMENTS FOR THE TENANTS 55 22.50.2336.01 MAGNUSON, ERIC 53.45 116.71 PER THE OWNERM 1228 SHELLBROOK DR E 03/26/09 - 02:25 PM — BalderaM PAYMENT ARRANGEMENT KEPT WITH MAGNUSON 3 MORE ALLOWED THIS YEAR 2009 03/24/09 -12:48 PM — nicholse ARRANGEMENT FOR ERIC MAGNUSON. $83.45 DUE 3/25/09 56 22.51.0486.01 MARCH, RICHARD 87.19 140.00 325 IDAHO AVE E 57 35.35.3038.03 McDERMOTT, RYAN K. & KERI K. 79.00 126.63 2089 HORSE CREEK ST E 58 30.74.2566.01 McFARLAND, SCOTT & NATALIE 53.45 122.82 991 PENNWOOD ST W 59 22.50.2350.02 MCKAY, DAVID 53.45 118.44 1270 SANDLIN AVE N RENTER PAYS TOTAL DUE + FEE — NO ARRANGEMENTS FOR THE TENANTS PER THE OWNERM CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Apr 28, 2009 04:05pm Current Period: 05/05/2009 - Transactions Included Through: 05/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 60 29.07.1066.02 McVEY, DOUGLAS & KATHLEEN 91.09 151.47 375 MALACHITE AVE S 61 21.50.0004.01 MERIDAN FOOTHILLS 90.00 195.11 2380 FRANKLIN RD E BLDG 6 62 21.50.0002.01 MERIDIAN FOOTHILLS 892.81 1,806.79 2308 FRANKLIN RD E CLUB BLDG 1 63 21.50.0008.01 MERIDIAN FOOTHILLS 75.39 203.21 2352 FRANKLIN RD E BLDG 8 64 21.50.0014.01 MERIDIAN FOOTHILLS 71.18 177.75 2336 FRANKLIN RD E BLDG 10 65 21.50.0016.01 MERIDIAN FOOTHILLS 83.81 192.11 2330 FRANKLIN RD E BLDG 5 66 21.50.0018.01 MERIDIAN FOOTHILLS 83.59 204.11 2324 FRANKLIN RD E BLDG 4 67 46.18.0427.03 MOFFAT, CHAD 50.42 103.14 2849 DECAMERON LN E 68 24.04.0856.03 MOORE, JACOB 63.94 101.34 1136 ROPER PL N 69 22.51.3250.01 MOORE, JERRY A 164.79 336.74 106 WILLIAMS AVE E 70 23.02.3380.02 NEALE, EDWARD 69.09 155.64 1158 7TH ST W 71 25.95.0919.02 NEWMAN, JAMES & ERICA 83.45 190.66 4203 DOVER DR W 72 37.37.4182.01 PETTENGILL, RAY & DEBBIE 67.40 159.20 464 DAVENPORT ST W (CORNER) 73 23.02.0070.02 PINKSTON, TONYA & THOMAS 58.10 157.47 922 2ND ST W 74 37.72.0250.02 PRATT, KEVIN & SHANDA 145.73 245.17 2136 COVEY AVE S 03/10/09 - 03:10 PM — BalderaM CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Apr 28, 2009 04:05pm Current Period: 05/05/2009 - Transactions Included Through: 05/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance PAYMENT ARRANGEMENT KEPT 2 MORE ARRANGEMENTS ALLOWED THIS YEAR 02/24/09 -12:40 PM — nicholse 2ND ARRANGEMENT 2/24/09 $47.47 DUE 3/2 & $47.49 DUE 3/9 1 ST ARRANGEMEMNT 1/27/09 75 22.20.0120.03 RAMMEL, MATTHEW & LISA 77.89 142.92 1315 ALVEY LN N RENTER PAYS TOTAL DUE + FEE — NO ARRANGMENTS ALLOWED FOR THE RENTERS PER THE PM! 76 24.04.1838.03 REDICAN, DONALD & CYNTHIA 102.25 159.13 2451 SANTA CLARA DR W 77 30.74.3962.03 RICHARDS, BLAKE & 104.60 246.74 1310 GANDER DR W 78 34.60.1814.04 RICHARDSON, MIKE & JENNIFER 62.75 150.72 2671 HILLIS PL S 79 24.04.0518.01 RICHTER, PATRICIA 53.45 103.03 2694 WAVE CT W 80 35.35.0404.04 ROBERTSON, BRIAN 53.45 121.78 2957 HORSE CREEK ST E 81 30.74.3536.05 RODRIQUEZ, R. & FEESE, H. 80.47 153.03 1016 MUSCOVY AVE S RENTER PAYS TOTAL DUE + FEE — NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM!! 82 22.50.2214.03 ROSE, GREG 88.30 141.07 1029 MAPLE CREEK AVE N NO ARRANGEMENTS ALLOWED UNTIL 8/26/09—BROKEN ARRANGEMENT 83 21.48.1860.01 SCHUCKS AUTO SUPPLY #01444 104.17 214.04 1921 FAIRVIEW AVE E 84 46.16.1403.02 SCHUETTKE, ADRIAN & MICHELLE 58.10 120.01 3652 LEANATO AVE S 91 24.04.1166.03 ST. CRY, TROY 115.15 182.79 2620 FORECAST ST W RENTER PAYS TOTAL DUES + FEES ***NO ARRANGEMENTS PER THE OWNER 92 23.02.5050.03 STEARNS, JOE 68.49 153.54 1519 NORTHGATE AVE NO ARRANGEMENTS ALLOWED FOR RENTERS PER OWNERM CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Apr 28, 2009 04:06pm Current Period: 05/05/2009 - Transactions Included Through: 05/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 85 37.37.3826.04 SEAL, DONALD & MARY 62.75 137.28 575 ELIAS ST W 86 22.51.0886.03 SEVERSON, JOSH & JENNIFER 73.24 117.02 415 PINE AVE E 87 37.50.0228.02 SILSBY, LAURA 118.88 234.26 2828 ALFANI WAY S 88 30.74.3650.04 SMITH, JOEY & TAMMY 74.28 108.72 1105 MUSCOVY AVE S 89 36.69.0862.02 SMITH, JOHN & MARY 67.40 153.22 1749 EAST 3RD WAY S NO ARRANGEMENTS ALLOWED UNTIL 7/24/08—USED 2ND ARRANGEMENT ON 9/24/07—DB 9/24/07 90 24.03.0832.03 SPIVEY, GLENN & DEBBIE 62.31 171.49 2381 SNYDER ST W 04/10/09 - 07:42 AM — BalderaM PYMT ARRANGEMENT KEPT WITH DEBBIE SPIVEY 2 MORE ALLOWED THIS YEAR 2009 03/24/09 - 08:51 AM — nicholse ARRANGEMENT FOR DEBBIE SPIVEY. $40.00 DUE 3/30 & $53.33 DUE 4/8 03/03/09 - 07:51 AM — BalderaM PAYMENT ARRANGEMENT KEPT THEREFORE 3 MORE ARRANGEMENTS ARE ALLOWED THIS YEAR FOR (SPIVEY) GLENN MADE ARRANGEMENTS FOR $76.62 BY 02/27/2009 CHECKMARKED ACCT 91 24.04.1166.03 ST. CRY, TROY 115.15 182.79 2620 FORECAST ST W RENTER PAYS TOTAL DUES + FEES ***NO ARRANGEMENTS PER THE OWNER 92 23.02.5050.03 STEARNS, JOE 68.49 153.54 1519 NORTHGATE AVE NO ARRANGEMENTS ALLOWED FOR RENTERS PER OWNERM CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Apr 28, 2009 04:06pm Current Period: 05/05/2009 - Transactions Included Through: 05/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 93 37.72.0114.04 STEPHENS, ROBERT 63.21 115.82 2013 GULL COVE PL S RENTER PAYS TOTAL DUE + FEE 94 25.05.0640.03 STERN, DOUGLAS 72.69 129.84 1352 CLIFF CREEK PL N RENTER PAYS TOTAL DUES + FEES ***NO ARRANGEMENTS PER THE OWNER 95 35.65.0230.02 TANNER, BRENDA 64.85 117.13 2429 RIVER DOWNS PL S 96 22.51.0774.04 THE PHOENIX CATERING CO. 163.57 281.28 126 IDAHO AVE E 97 23.02.0330.01 TURNER, DAVID & JEANINE 55.22 123.44 526 PINE AVE W 98 45.20.0908.02 TURNER, RONELLE 72.05 166.84 3399 POMPEI AVE S 99 22.51.1384.03 VANDER POL BROTHERS LLC 55.22 105.11 645 NOLA RD N 100 30.74.3342.03 WALLANDER, REGINALD & LISA 58.10 130.66 1463 GANDER DR W 04/07/09 - 08:54 AM — BalderaM PAYMENT ARRANGEMENT KEPT WITH REGINALD WALLANDER 3 MORE ARRANGEMENTS ARE ALLOWED FOR THIS YEAR 2009 03/23/09 - 09:24 AM — nicholse ARRANGEMENT FOR REGINALD WALLANDER. $72.05 DUE 4/2/09 RENTER PAYS TOTAL DUE + FEE 101 20.46.0240.05 WARDEN, DAVE 50.57 117.06 3532 PRESIDENTIAL DR E RENTER PAYS TOTAL DUES + FEES 102 34.60.1603.02 WESTERGARD, RUSSELL 59.50 107.62 2724 KNAPP AVE S CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 10 Standard Payment Customers Apr 28, 2009 04:06pm Current Period: 05/05/2009 - Transactions Included Through: 05/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 103 25.95.0724.02 WILLIAMS, TERRY & LISA RANALLI 53.45 124.55 4188 GILLETTE DR W 104 37.72.0294.03 WJF PROPERTIES LLC 87.75 154.75 2138 GULL COVE AVE S 105 22.50.2426.01 WYATT, SAMUEL & SHERRIE 50.08 102.58 1473 DRUCKER ST E 106 34.98.0006.01 ZAMZOWS 69.92 83.38 SPK - 3650 OVERLAND RD E 107 24.04.0848.02 ZIMMERMAN, BRAD 59.28 120.77 1121 ROPER PL N Grand Totals: 107 Customers Listed 9,571.19 17,988.76 Report Criteria: Terminated customers not included Customer.Cust No () _ {<)7700000001 Customer.Bill Cycle =1 Customer. Customer Type = {not like) BANKRUPTCY% Customer.Shut off list = False Customer.Vacant = False Customer.Ext Agreements = False