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HomeMy WebLinkAbout2009-06-16ERIDIANt�� V4� Tuesday June 16, 2009 @ 6:00 p.m. David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd City Council Special Meeting Workshop Agenda City Council Chambers 33 E. Broadway Ave., Meridian, Idaho Item Agenda Item Presenter 1 ROLL CALL ATTENDANCE 2 ADOPTION OF THE AGENDA 3 CONSENT AGENDA A. Development Agreement: AZ 08-016 Southridge 31 by James L. Jewett B Budget Amendment for South Meridian Park Land for $601,192.00 C Approve New Beer License for Chronic Taco, 3240 E. Louise Dr. Sewer Service Agreement with Coleman D. Homes, LLC for Cabella Creek Subdivision Professional Services Agreement for E. Musical Talent for Concerts on Broadway 4 COMMUNITY ITEMS / PRESENTATIONS 5 DEPARTMENT REPORTS Presentation of Scholarship Award to Caleb Hood Tyler Hale Mayor's Office 5 min Resolution No. B Update on Split Corridor Phase 2 Design B. Supporting the Rebuilding of Meridian Caleb Hood with ACHD Matthew Ellsworth 10 min 3 min Presentation Requesting Direction on Budget Amendment for Heroes Park - C. Priority Projects/Activities for PY2009 Matthew Ellsworth CDBG Action Plan 10 min 3 min D Update from ACHD Staff on City's Budget Amendment for Idaho Power Request for Speed Limit Changes Rebate for Energy Efficiency for Caleb Hood /Ross Oyen ACHD Anna Canning 15 min 5 DEPARTMENT REPORTS All Things Transportation I Caleb Hood 10 min Resolution No. B. Supporting the Rebuilding of Meridian Caleb Hood Interchange 3 min Budget Amendment for Heroes Park - C. Phase 3 Maintenance Building for Steve Siddoway $98,000.00 3 min Budget Amendment for Idaho Power D. Rebate for Energy Efficiency for Anna Canning $100,000.00 3 min E Budget Amendment for Police Training Funds for $4,760.00 Jeff Lavey 3 min F Budget Amendment for Fire Safety Education for $13,228.00 Ron Anderson 3 min G Budget Amendment for Mayor's Youth Advisory Council for $3,393.00 Mayor's Office 3 min H Budget Amendment for State of the City for $5,994.00 Mayor's Office 3 min Budget Amendment for Meridian Business Day for $4,500.00 Mayor's Office 3 min J. Economic Development Update Josh Grant 15 min K Public Works Department Strategic Focus Discussion Tom Barry 40 min L. Proposal for Acceptance of Credit / Debit Card Payments for Building Permits Bruce Freckleton / Tom Barry 5 min M. State of Development Services Division Bruce Freckleton / Tom Barry 10 min 6 CITY ORDINANCE/POLICY REVIEW A. Ordinance No. AZ 08-016 Southridge 31 by James L. Jewett 7 EXECUTIVE SESSION A. Executive Session per Idaho State Code 67-2345(1)(c)(f) & 0) Meridian City Council Special Meetina Workshop June 16, 2009 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, June 16, 2009, by Council President Charlie Rountree. Members Present: Tammy de Weerd, Charlie Rountree, Keith Bird, and David Zaremba. Members Absent: Brad Hoaglun. Others Present: Bill Nary, Tara Green, Caleb Hood, Steve Siddoway, Bruce Freckleton, Matt Ellsworth, Thomas Bary, Ron Anderson and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Rountree: It's Tuesday, June 16th. I will get the right microphone here. I will call the City Council Special Workshop Meeting and have roll call attendance. City Clerk. Item 2: Adoption of the Agenda: Rountree: And welcome you all this evening. We have a very busy agenda. I hope your item is up first. If not, we will be spending the evening together. Next item on the agenda is the adoption of the agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Noting a couple things, Item 5-13, the resolution number is 09-672. Under Department Reports, section five, there is a request to move K to the end of section five, so that 5-K would come after 5-M. And in section six, the ordinance number is 09- 1419. And with those modifications I move we adopt the agenda. Bird: Second. Rountree: It's been moved and seconded to adopt the agenda. All in favor? Opposed same sign? Motion passes. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 3: CONSENT AGENDA: Meridian City Council Special Meeting Workshop June 16, 2009 Page 2 of 60 A: Development Agreement: AZ 08-016 Southridge 31 by James L. Jewett. B: Budget Amendment for South Meridian Park Land for $601,192.00. C: Approve New Beer License for Chronic Taco, 3240 E. Louise Dr. D: Sewer Service Agreement with Coleman Homes, LLC, for Cabella Creek Subdivision. E: Professional Services Agreement for Musical Talent for Concerts on Broadway. Rountree: Next item is the Consent Agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we adopt the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Bird: Second. Rountree: Roll call vote, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 4: COMMUNITY ITEMS/PRESENTATIONS: A: Presentation of Scholarship Award to Tyler Hale. Rountree: Next item, the community items for presentation and, Mayor, the presentation of the scholarship award. De Weerd: Thank you, Mr. President. We're honored to have our fourth scholarship recipient here with us tonight and before I go down to the podium and present Tyler his plaque and information on how to get his scholarship, let me give you a little information about Tyler. He graduated from Mountain View High School and plans to study material science at Brigham Young University. He has been very dedicated to community service in a variety of areas from assisting with blood drives to visiting the elderly in their homes and participating in community projects, like Breakout Meridian. Tyler truly Meridian City Council Special Meeting Workshop June 16, 2009 Page 3 of 60 enjoys serving others. For his Eagle Scout project he helped settle and landscape the old Pine Street school in its new location. He has an amazing academic record and is active with his faith community. He is described as hard working, energetic, compassionate, and a well rounded person. We do wish him well in his endeavors and if you will bear with me for a moment I'll go down and present Tyler his scholarship. Tyler, do you want to come forward. It's certainly my privilege to offer you just a small token of our congratulations and hope that you have great success for this next stage in your life and career. This is just in recognition of your high level of community involvement, academic merit, and outstanding leadership potential. We congratulate you and wish you luck. Thank you. B: Update of Split Corridor Phase 2 Design with ACHD. Rountree: Next item on the agenda, the split corridor phase two design update. Matt, you're going to introduce this? Ellsworth: Thank you, Mr. President, Members of the Council, Madam Mayor. Here with us this evening is the project manager for the design of phase two of the split corridor project Adam Zaragoza. We felt that it was time to give you an update. It's been a little while. So, with that I will tum it over Adam to bring you guys up to speed on the latest. Zaragoza: Good afternoon, Madam Mayor, Members of the Council. I'm Adam Zaragoza with ACHD, the project manager here to provide you just a brief update of where we are at with the split corridor phase two design. A couple of areas that you maybe interested in. So, a couple of areas here. First of all, the design right now is at 75 percent. We are heading into the 95 percent plan. We should have those by this summer and, then, we will roll into the 99 percent. I'm assuming everybody knows at this point in time that with the five year work program that the construction year did get pushed from 2012 to 2013. A couple of areas of interest. First thing we are talking about right now are the -- is this going to work here? Okay. First area of interest right here is -- what you're looking at on this screen is what I have been calling triangle area A. It will be vacant. Just a point of reference here is the Hungry Onion is just on the bottom part right there. Main Street is just to the right of the triangle area. We have been in discussions with Meridian staff on what to do there for treatment through this proximity to the City Hall area. Triangle area B, again, another area that will be bought out during the right-of-way acquisitions. Again, due to its proximity to City Hall and the downtown corridor area, what kind of treatments the Meridian city staff would like. Again, just a point of reference. Right here we are at Meridian Road and the cross-over is just there to the bottom of your screen. Triangle area C, the area bordered by the Fairview and Main intersection, with the phase two project the free right is planned to be removed and we have been discussing treatments with the staff as to what -- what to do there as far as landscaping or what treatments that the staff would like to see. Possible bicycle enhancements. Recently we have been looking at -- with the implementation of phase one and the asphalt pathway that's at the end of Franklin, one of the treatments -- our best option right now is the area that's in blue. Just to give you a point of Meridian City Council Special Meeting Workshop June 16, 2009 Page 4 of 60 reference is Franklin is to the south, just to the bottom of the screen here just out of the picture. The cross-over goes right there with that triangle area A. Weare reviewing the feasibility for a concrete striped pathway between Franklin and Ada. And able to keep the curve right there, that enables us to maintain the storm drainage system. It probably will be a ten foot, 12 foot wide concrete path. At that point we would probably have shared roadway signs noted to the north of that up through Main Street. Access challenges we will have with the businesses right there and one of the things we need to look at is what I call rollercoaster effect where with the ten to 12 accesses that are there, you don't want bikers and pedestrians doing this. So, that's something that if this does go forward with the concrete pathway, that's something that we will need to figure out and what to do to not have the rollercoaster effect. Pine Avenue between Main and Meridian, been working with Matt recently. We have been talking about what's going to happen with the on -street parking there. To give you just some dimensions and the constraints that we are working with, there is 450 feet between the curbs of Meridian and Main Street. There is 45 feet of right of way exists and the plan right now for the cross-section is to have 11 foot travel lanes, 11 foot tum lane, and, then, a six foot curb face as your bike lane. Pine Avenue is the dedicated east -west bike route. As far as parking goes, there is 75 feet planned for each tum lane with the -- for the vehicle storage and there is 86 feet for the taper length, which only means it leaves about 120 feet for the westbound and for the eastbound travelers for available parking, though it's possible we could sneak a couple parking spots in there, but the area is so small. With that I'll stand for any questions, comments. Rountree: Discussion? Questions? Comments? Bird: I have none. Appreciate the presentation. Zaremba: Mr. President. Thank you for the presentation and, actually, this is a comment that's a little bit outside of the phase two project and that is having moved the intersection control signal from Idaho to Broadway recently, this is just a personal opinion, but I think downtown works better with it moved. It seems to be a big improvement, so thank you for doing that. Bird: I didn't remember it was moved until I stopped. Rountree: Adam, I have a question about your request for input as it relates to the triangles and some of the areas that will be bought out in all three areas. You have asked what is the city's preference and my question is what is the expectation on the part of ACHD in terms of who is going to pay for it, because my understanding of TLIP is that treatments are not necessarily something that they are including in project costs. Zaragoza: Madam Mayor, Councilman Rountree, certain areas of the triangles here we are going to provide for pedestrians in order to get them access out. For this triangle here, one of the things that we looked at during our design review is we don't want people funneling into those areas. So, to answer your question as far as payment and who is doing that, I think that's something that we will work out as we get going here. Meridian City Council Special Meeting Workshop June 16, 2009 Page 5 of 60 With the design being pushed another year -- or, excuse me, not the design, but construction being pushed another year, we have the available time to work that -- work those payment costs -- who is paying for what out. Rountree: My next question relates to the acquisition of those rights of way. Are you far enough along with the design in order to start that and, if not, what's the schedule for that? Zaragoza: Madam Mayor, Councilman Rountree, typically our procedure is to not start on the right of way acquisition until 99 percent. However, in the cross-over area we have already bought out two of the three properties in that area that has been preserved for these specific sections. Rountree: Thank you. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I imagine that this presentation will happen at the MDC and some of the discussion on what to do with those triangular areas can -- can be discussed. The one that's on Main Street is a great gateway into downtown and sets up a nice entry opportunity to the old town area and I'm sure they have an interest in those discussions. I guess I just wanted to make comment on phase one as it continues to -- it seems like a real obstacle course at times and you never know what to expect the next day. But I have gotten comments that it's already improved traffic flow, even with the guesswork about how will be set up the next day. So, compliments to that. Certainly interest in seeing it gets done sooner rather than later, but a notable change already. So, compliment in that regard. Zaragoza: Thank you. I will pass it to the construction crews and the necessary people that have been working on it. Thank you. Rountree: Any other questions? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Do you know off the top of your head the rough area size of the two triangles A and B? Are we talking like a half acre or -- Zaragoza: Madam Mayor, Councilman Zaremba, that's probably the last piece of paperwork I grabbed before I'm on my way over here, so -- the triangle piece that we are looking at on your screen right now, triangle A, is 12,600 square feet. And, then, Meridian City Council Special Meeting Workshop June 16, 2009 Page 6 of 60 triangle area B is 12,400 square feet. And that does not include the two foot easement that we would preserve for back of curb. Zaremba: Thank you. Rountree: Very good. Thank you for being here. Zaragoza: Thank you. Rountree: Appreciate the update. Ellsworth: Mr. President? Rountree: Matt. Ellsworth: Before we move onto the next agenda item, City Council does have a joint meeting on June 29th with the ACHD commission and we did reserve a spot on the agenda for a follow-up conversation pertaining to the split corridor, if any issues arose out of this presentation and they warrant that further discussion. From the sound of it, if anything, there is just some additional coordination that has to occur between the city and staff and MDC, rather than a joint discussion between this commission and the Council. If -- if I'm construing that correctly, then, we can go ahead and remove that item from the join meeting agenda. Rountree: That would be my preference. I think we haven't identified any significant issues, but MDC may. Ellsworth: Thank you. Rountree: Thank you, Matt. Tyler, I really compliment you on your accomplishments and appreciate your attentiveness, but you're not obliged to remain here this evening. If you have got something -- De Weerd: Mr. President, I already told him that. C: Presentation Requesting Direction on Priority Projects/Activities for PY2009 CDBG Action Plan. Rountree: So, you're obviously welcome to stay. Next item on the agenda is presentation, direction on CDBG grants. Matt. Ellsworth: Mr. President, Madam Mayor, Members of the Council, staff is in the process of drafting next year's action, which is a necessary step in the process of securing the 2009 program year entitlement which -- for program year 2009. It's going to be just shy of a quarter of a million dollars, 250,000 dollars. So, again, that plan is in process at this time and what I'm here before you this evening seeking is some direction as to the Meridian City Council Special Meeting Workshop June 16, 2009 Page 7 of 60 priority of projects the Council envisioned for inclusion in next year's plan. See on the screen there the rough process plan at this time is to forward on the adopted version from the city of the '09 action plan to HUD on August 5th of 2009. There is an interim base there as well. One thing that worked really well the last time I was before you guys for some similar direction was just working our way down the bench and having everybody indicate one through six, one through seven, what the priority order of each of those projects were and based on that I was able to go back and compile sort of a composite prioritization for the city. So, if it seems an appropriate way to move forward, then, that's what I'd like to engage in after a quick rundown of the projects that we are contemplating here. Rountree: Very good. Ellsworth: Project number one is a familiar one to you, Centennial Park, to purchase and install playground equipment. That came to the top the last time that we were here and it's still right there on the radar. There should be plenty of room for inclusion in next year's action plan. In addition, installing game tables and insuring ADA accessibility for that park site. The next project that the staff identified for your consideration is code enforcement in the designated low moderate income area around downtown. That's received funding in previous years and we have been in discussions with the police department to sort of streamline that process, make it easier for everybody involved. Facade improvements is another one that was identified as a top priority the last time that staff sought direction. That is an activity where MDC acts on the city's behalf in administering. The MDC finalized the process for administration of the facade improvement program. They have identified a project and we are hoping to move forward initiating that project later on this summer. The next one may be a new one to some of you and the high level summary of the situation is that there are three mobile home parks around town that at present time lack adequate fire flow to protect area residents should a fire erupt in those areas and I had some discussions with the fire department, as well as Public Works staff and we felt it was appropriate to bring it to you, because, again, there is a public safety concern that needs to be addressed. With that I'd offer a couple words of caution about using CDBG funds for that purpose and those are that on the one hand this is -- each of these three parks are privately owned, so a bit of a deviation from the norm for the city to come in and use public dollars to alleviate the risk that would otherwise be taken care of by the owner of that property. Could also run into possible equity issues among park owners, for example, if one of the owners is willing to come to the table and take care of their responsibility for insuring the safety of their residents. How do you divvy things out, essentially. The third one is that the necessary improvements based on very very preliminary discussions with the Public Works could -- could entirely dry up next year's allocation of CDBG funds and, again, there are different ways that we could approach it, whether it's entirely funding it, whether it's some sort of a match, there could be some ways to cut down on that cost, but it's a limited pool of funds that we are discussing here and, again, it's up to Council as to how best to spend those. But, again, there is a public safety concern, so for that reason we wanted to make sure that you were aware that this is a potential means of addressing that. The next project, another familiar one for you, is the Five Mile Creek Meridian City Council Special Meeting Workshop June 16, 2009 Page 8 of 60 pathway segment H1. It goes from Fairview down to Pine along the Five Mile Creek. Ongoing discussions with property owners prior to initiating the design, which we do hope to do sometime this summer. So, as it relates to the program year 2009 action plan we would be talking about wrapping up any additional required environmental that would be attached to the federal funds involved and moving forward with construction, whether that's phased, to initiate construction for the end of this next fiscal year in order to transition with the following year's entitlement to complete construction. We can figure out the details on that at a later date, depending on the priority that this project lands in. Home ownership assistance is another one where a sub recipient administers this service on the city's behalf. Boise, Ada County Housing Authority has 50,000 dollars in the current program year and those funds go to aid eligible home buyers in that purchase. They recently closed on the first home, they have a second home that is, hopefully, here in Meridian before the end of the month, so it's been a strong partnership so far and it's certainly one worth considering for continued funding in the future. And, finally, here this one's a little bit different. Council in the past has expressed interest in -- in these public service projects and CDBG regulations limit the city to 15 percent of an annual allocation to devote to those sort of projects. The city received formal requests from two entities for three separate activities for use of these funds and rather than diving into the details of each of those activities at this time, it may be better in the interest of time to come back at the July workshop when the requesting entities are present to answer any questions and discuss how best to divvy up those funds. For purposes of this evening's discussion I suppose the first question for you is the amount of total funds that we should devote to this purpose. Staffs recommendation is to -- to set aside the full 15 percent off the top for public service projects. Each of these three activities are -- are well in line with the intent of the CDBG program, they are very strong proposals, and each of them meet a very worthy need within the city based on staffs assessment of these programs. So, yeah, the first question for you, again, is -- is the level of support that we should devote to those public service projects and outside of that, unless there are any questions, we could move forward with the additional exercise of prioritizing each of the remaining projects from there. Rountree: Questions for Matt? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess, Matt, on the fire protection upgrades, if you look in terms of a granting program, would that set aside some of the concerns about inequity and that sort of thing? Certainly I agree that the property owner, if there is a public safety concern there, they should have responsibility for the upgrades, but we know that that is a low income trailer park, so come back with some kind of a -- a grant program or a matching program or something that -- that can help with that kind of equity question, because I know it will -- it will surface. And, then, in the public services, what has been Meridian City Council Special Meeting Workshop June 16, 2009 Page 9 of 60 the total request? We have 35,000. Those three are all very worthy, but what is the total for the requests that are in front of us. Ellsworth: Mr. President, Members of the Council, Madam Mayor, in regards to the first one, we can certainly consider some sort of a match and the level of that funding would be recommended by staff in light of the other priorities and are identified this evening and that full draft plan will be presented for the initiation of the public hearing comment period coming up next week. So, that's certainly something we can consider based on this evening's discussion. In relation to the second question, the total amount in dollars requested by the two entities pushes six figures and, obviously, that's well outside of what we can do with the 35,000 dollars available under 15 percent there, the cap that we are working within. But in light of the needs and in light of the caliber of the request, again, that's why staff recommended setting aside for purposes of tonight's discussion that full 15 percent to come back again a month from now at the July workshop to consider exactly how best to divvy that up. Rountree: Further questions? Matt has asked for some direction and prioritization. I think the last time we did it we just each gave him some numbers. If each of you are ready to do that -- Matt, are you ready to take notes? Ellsworth: Yes, Mr. President, I am. Rountree: I'll give you my comments first, then. I agree that the full 15 percent of the funds to the public services and we can -- we can see how that splits out when we do the nuts and bolts piece at some point in time. My first priority would be to get something done that we have started previously and that's the Five Mile pathway. My second would be to finish the playground activities in Centennial Park. Thirdly would be facade improvements. Fourth would be code enforcement. Fifth would be fire protection. And sixth would be home ownership. My concern with fire protection is that it is, in fact, a private property operation and I think before we even consider that we need to know the status and future of those particular parks, what the owners plan in the near future for those. I would not want to see a lot of money expected, only to see the money needed to potentially relocate some folks if they want to change use. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I agree with how you have categorized in priority order and I, too, with the grant type for the fire protection upgrades, if they expend dollars you know that there is going to be a commitment to stay there for awhile and I won't comment further than that. Rountree: I agree. Bird: Mr. President? Meridian City Council Special Meeting Workshop June 16, 2009 Page 10 of 60 Rountree: Mr. Bird. Bird: I agree with your -- you know. And I definitely agree with 15 percent in the public service, the full 15 percent. And the Five Mile, Centennial, facade, code, fire, down the line. I truly agree -- I think -- I'd like to see us get the Five Mile finished and Centennial done -- park done. They would be my one and two, but -- Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: My order of preference is similar, but not exactly the same. I would put Centennial Park first and my comment on the game tables -- some people may not know. I believe the history on that is that United Heritage donated to us, currently in the possession of the parks department, some cement tables and the money would be used to place either checker boards or chess boards or possibly backgammon boards on the surface of the tables. They come with benches. Then, that's just an applicae that would need to be laminated on. So, really, what we are talking about is putting the applique on, laminating it, and actually placing them in the park. The cement tables would need to be on a fairly solid foundation. So, we actually have the tables and this would just complete that project. So, Centennial Park is my number one. And the other things that you had on that list. Five Mile Creek completion would be my number two. The facade improvements I put as number three. Code enforcement I put as number four. Number five is the public service one. And I agree with the 15 percent. The one comment I would make there is that I see one of the items was to help the Boys and Girls Club purchase a bus for some of their activities or something like for a shuttle, something or other. Was that a bus or -- Ellsworth: Mr. President, Madam Mayor, Members of the Council, Councilman Zaremba, the Boys and Girls Club already owns the bus. The details of their proposal essentially break down to hiring a bus driver, gas, scheduled maintenance, things of that nature in order to shuttle -- shuttle students from Peregrine, from Meridian High, and from Meridian Elementary to the Boys and Girls Club after school. Zaremba: Okay. That helps. The other part of my question was going to be -- I know that our parks department is putting in a request to own a van, which they end up having to rent fairly frequently, and I was thinking if we are subsidizing the Boys and Girls Club whether we could share it with them. But that doesn't sound like that would work, so -- but, at any rate, I have that public service one at number five. Number six I would put the home assistance and that leaves the fire protection one as last and I have to claim not to be very enthusiastic about that one. I certainly understand the purpose and the value it would be in protection, but it opens a can of worms of if the city gets involved in subsidizing private homeowners or private property owners to make safety improvements, do we open ourselves up on some property that we didn't help for them to come say that something that -- say it happens in a safety nature is our fault and I just as soon not open that can of worms, so I put that one last. Meridian City Council Special Meeting Workshop June 16, 2009 Page 11 of 60 Rountree: Thank you. Matt, you have got our opinions. I leave it your hands and I know you'll do a good job as per normal. Anything else you need? Ellsworth: Mr. President, thank you. D: Update from ACHD Staff on City's Request for Speed Limit Changes. Rountree: Okay. Very good. Next item on the agenda, Caleb, update from ACHD on speed limit changes. Hood: Thank you, Mr. President, Madam Mayor, Members of the Council. You may recall in January and even before that we discussed some changes to speed limits. In January we brought those before the ACHD board of commissioners. Ross Oyen is the traffic engineer supervisor over there at ACHD and he has performed a study and is here this evening to report those findings back to Mayor and Council. So, Mr. Oyen. Oyen: Madam Mayor, City Council Members, I'm Ross Oyen, traffic engineering supervisor, ACHD. And it's been some months since your request came my way and we have put quite a bit of effort into checking some existing speeds and making -- putting together some recommendations for you and so if I can figure out the technology, we will kind of get moving here. When we started out we looked at Locust Grove from Amity to Chinden, about seven miles. Franklin Road from Linder to Main. Overland from Stoddard to Highway 69, Meridian Road as it's better known. And we also looked at a couple of segments that perhaps were not necessarily quite as high priority. Fairview from Eagle to Locust Grove. Meridian from McMillan to Chinden. Just very quick, a couple of words about the intent of speed zoning and kind of the first part is, really, the -- the traffic engineering perspective. A pretty longstanding rule for traffic engineers is you attempt to set a speed limit at or below the 85th percentile speed of traffic and that is the speed at which 85 percent of your traffic is traveling at or below. The benefits of that is it achieves the lowest accident rate. Typically encourages compliance from the majority and so you get people, essentially, reinforcing the speed limit just by their behavior and it supports the enforcement efforts so that the -- your police officers can spend time dealing with the obvious offenders and -- rather than -- than kind of contending with a speed limit that doesn't really meet expectations of the drivers and so, obviously, one of the things that the Council brought forward was a desire to establish consistency on roadways within the city. That, again, reinforces driver expectations, they get on a piece of road and the speed limit is likely to be the same as the one they just came off of or very similar to and the other thing we'd like to do -- and, again, this is from an enforcement standpoint, I think, from the police department's perspective, like to minimize mid mile changes in speed limits and that's one of the reasons we looked at Meridian now. So, that just helps them out a bit. That is a little bit of a muddy slide there. There is -- and the reason to have it here is maybe to just show that there is a little bit more going on than just perhaps what shows up on the map and I think we will -- we will jump to the map and we can talk about some of Meridian City Council Special Meeting Workshop June 16, 2009 Page 12 of 60 these technical details as -- as we proceed. So, we looked at, again, the seven miles of Locust Grove from Amity to Chinden and the middle five miles, if you will, our -- the findings of our speed study and the associated work we did, suggest that -- that the speed limits that Council has suggested are very appropriate and we'd suggest going ahead and moving forward with those. And the same thing applies with regard to Franklin from Main over to Linder, that's posted at 35 miles per hour and the speed study indicated that it was more appropriate to have a speed limit there of 40, which is consistent with the roads to the east. And, similarly, with Overland Road from Meridian west to Stoddard, again, we posted it 35 miles per hour and I have to kind of take ownership of that one. I had concerns just due to some access issues and a bit of a hill heading up towards Roaring Springs there and, in reality, what the study has shown us is that 40 is really a more appropriate number and so we are getting rid of those -- if we raise them up to 40 we are getting rid of a low limit that is sandwiched between roads with somewhat higher limits. So, now we will talk about the ones where I'm suggesting maybe something different than what you have asked and so I'll start with Locust Grove between McMillan and Chinden. The existing posted speed is 50 miles per hour and I think the desire is ultimately as that urbanizes certainly 35 miles per hour would be a more desirable sort of a posting, but the findings of our study at this point are that -- that, really, I can only, from an engineering perspective, support a reduction in speed to about 45 miles per hour. And so that -- you know, that much comes out of the study and we can -- when I wrap up I'll talk about that just a little bit further. The other end of the spectrum on Locust Grove is the piece between Victory and Amity, again, the request was for 45 miles per hour. The current posting is 40 and the study actually recommends or would suggest that 45 miles per hour is more appropriate and my suggestion is that we keep it at 40 and that really has more to do with -- with some recent issues that have come up with the opening of the Sienna school and a fair amount of interest that's come our way in the school district and also to Mr. Hood over here at the city to get some pedestrian crossings in place, not only on Locust Grove, but in the context of Locust Grove, if we go to put a school speed zone in and we -- and we want to put a school speed of 20 miles per hour on that road, I would recommend keeping the speed limit at a maximum of 40, if we are going to do those things. So — so, while the numbers, as they sit there now don't bear it out, I think the conditions out there with the school are support enough to just maintain 40 and continue to monitor the situation out there. And the other piece that we looked at is a piece where we have a -- a mid mile shift of speed limit and we looked at Meridian from Chinden to about a half mile south. It is posted at 45, while the south half mile of that segment is at 35. So, notionally at least looking at the -- the other roadways on either side, the desire would be to get it probably down to 35 miles per hour and it just appears that -- that that is a bit premature. The study really tells us 45 is probably the right number right now and that's what I would suggest we stay with. So, to kind of wrap that up and put it back onto a boring slide, instead of a pretty map, I think those roadways where -- where what the Council has requested doesn't really match up exactly with what we are seeing from the study. What I would suggest is that we -- is that we make the reduction where we can on Locust Grove south of McMillan to 45 and, then, very closely monitor it. You know, Madeline Estates is out there, not a lot of activity has gone on there, but that will change over time and so that's one of the things about our speed zones is they are something Meridian City Council Special Meeting Workshop June 16, 2009 Page 13 of 60 that we have to continue to keep tabs on and so what I suggest there is update the radar study annually for possible reduction and a similar sort of thing with Fairview, Locust Grove to Eagle, we took a look at that one and I think I skipped over it. We know we have got some pretty significant development coming there. That's probably going to have some effect over time on speeds. Right now 40 miles per hour is -- is an appropriate posting based on the way the traffic is using it. But, again, it's something that as the development goes along I think we revisit it and I would suggest, similarly, that we do the same thing with the segment of Meridian. So, with that I will stand for questions. Rountree: Any questions? Comments? I will start, because I'm sure there will be more. What's the recommendation on Locust Grove from Ustick south to Overland? Oyen: Madam Mayor, Councilman Rountree, the recommendation on -- on Locust Grove from Overland to -- actually, get this right -- from Overland to Fairview is to raise the speed limit -- there we go. Thank you, Caleb. Raise the speed limit to -- from 35 to 40 miles per hour. And that is supported by the study. It just makes sense to do that. The Overland to Victory piece holds up well at 40. It's posted that way. I wouldn't recommend any change there. From Fairview to Ustick the request was to -- to change to 40 and the study supports that. It's performing well at 35, but 40 is probably a -- of the two choices, if you will, probably more ideal. And our piece from Ustick to McMillan is posted 35. The numbers kind of -- are -- put it in that 35 to 40 range, but my suggestion is hold the line with the 35 mile per hour posting that you have suggested and, you know, we have got the school there, we have got the fire station, we have got quite a little bit going on there. I think it's reasonable to just leave it where it is, so -- Rountree: Thank you. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: While you're talking about that stretch, the stretch from McMillan to Chinden, you have an alternative high school on one side and on the opposite side of the street is a private Christian school that's just going to be opening in the fall. I would be concerned that with the higher speed limits with some of the recent activity that's going in out there that is immediately up against that road to keep it consistent and carry on the 35 clear from Ustick to Chinden just in light of the safety aspects. Oyen: Madam Mayor, I certainly appreciate the comment. What I tell you is based on what -- the conditions we saw when we went out and studied it. Yes, there is an alternative high school. It doesn't generate a lot of pedestrian traffic. Does generate, obviously, vehicle traffic. The Christian school is probably going to be similar in that it's not going to generate a lot of pedestrian use, but it will create some activity that we haven't had before. That may -- that may actually affect speeds in the area locally and that's something that we can certainly always reconsider. My suggestion is we post it Meridian City Council Special Meeting Workshop June 16, 2009 Page 14 of 60 45 now and we follow up with it as we -- as the land use changes. So, a reduction to 35, basically, what I'm telling you is with that conditions that we measured is going to be a pretty difficult one to get the stream of traffic to stick with. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: Just a follow up. And I don't want this to sound caddy or offensive, but if the city is requesting it, because we feel it might be a safety issue, what kind weight does that have over a study? Oyen: Madam Mayor, tough question. Obviously, I -- again, I'm giving you an engineering opinion and all I'm telling you is that we certainly take that into account, you know, you have identified a new school that's opening, there isn't an indication from what safety information we have that the existing speed limit or a reduction from that to 45 miles per hour represents a safety problem of any kind and slower does not necessarily equate to safer if we end up with more a dispersion of speeds, so that you get more tail gating activity, more potential for passing, because those are the sorts of activities, driver behaviors, that can come about if a speed limit is unrealistically low based on the driver's perception. Bird: Mr. President? Rountree: Mr. Bird. Bird: A follow up to the Mayor's is on -- between McMillan and Chinden. We have also got on the comer there, the northeast comer we have got a convenience store and a little retail thing going out and I can't figure out why we -- we would raise the speed limit on a narrow two lane above what we have got on a nice four lane highway that we have from Overland to basically halfway between Ustick and Fairview. We are keeping that a 40. 1 question the 40 from Overland south to Amity. That's a pretty narrow -- and there is quite a few subdivision entries and exits there. I -- and, you know, there is two churches there and that same -- with the schools. One of the churches has got ball fields and stuff, which I'm sure is used quite heavily. I really question that 45 in that one mile, but, like I say, I'm not an engineer, but I would -- and I'd a lot sooner see it consistent. I mean you're going one mile at 35 and, then, all of a sudden you -- or you're coming down one mile at 45 and all of a sudden you hit 35. De Weerd: And, then, you're at 40. Bird: And, then, you hit 40. And was one of our biggest -- I thought was my biggest complaint is we'd go six miles on a -- on one of our roads and we'd have four or five different speed limits. It wasn't consistent. Meridian City Council Special Meeting Workshop June 16, 2009 Page 15 of 60 Rountree: I can say this and Ross can't. Every year we get our drivers license renewed and that makes us all experts, but that's not necessarily true. I appreciate what he says about the study and people's behavior. That's how fast they are going to drive and it becomes a significant enforcement issue if you do significantly post a speed limit lower than drivers' expectations. I think his comment about an annual radar study will address the issues on Locust Grove and I believe that they will probably show we need to reduce those speeds, because we are going to have more volumes turning, you're going to have a lot of school dismissals, start-ups, and that in itself will reduce some of the speed limits, but what I want to say is that I appreciate you hearing what we said initially and that's get some consistency in the police -- for the police to be able to know where and what to enforce, because every mile on most of those corridors there is a different speed limit and I got to tell you, if you happen to blink within the first 400 feet going down the road, you, as a driver, didn't know how fast it was posted. So, I think what you're doing is a good thing. One safety comment and, boy, I agree with the -- up'ing the posting on Overland Road, is that that double line into the tum median on Overland Road on -- west of 69 is not keeping people from making that left-hand turning movement into Walgreens and to Lowe's and I know there is an issue of folks coming out of the Shell station and crossing there. In all my travels there I have never seen a near miss in that movement, but I see numerous cases where people are coming down the hill and, then, getting in the lane going east to approach 69 for a left-hand tum in conflict with people headed west into the turn lane across the double yellow, making a left into those. So, you might want to look at a raised curb or median or something and that might be something that the police department might want to work with you. I don't know if there has been any accidents, but I have seen just randomly too many near misses of people just missing head -ons. Oyen: Madam Mayor, Councilman Rountree, we will take a look at the -- whether we are starting to see an actual accident history there. It's a very challenging area because of the preexisting access and -- and we have some limitations on how far we can go with -- with just unilaterally taking away access and so, you know, when we do it, we do it in a very considered manner. Rountree: I understand. Oyen: We like to have the -- you know, have the support for it to document it, but appreciate your other comments. Other questions? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess that's an interesting one. I have only seen it once. Could there be something done on the present property that limits just a right into the -- the property, because if you did that, that left tum movement would not be able to get in there. And, then, that still allows JB's and Mr. Sandman and the gas station access out onto Overland. I don't know. The traffic safety commission can take a look at that and have Meridian City Council Special Meeting Workshop June 16, 2009 Page 16 of 60 fun with it. So, the one area that we also had talked about is Pine Avenue and I didn't see a recommendation on that. Talk about changing the speed limit in the middle of nowhere. It's a great speed trap, but -- Oyen: Madam Mayor, I have to apologize. I think there were a couple of different documents floating around out there and the one that I started with was actually one I think that you conveyed to our director and it didn't include that, but I understand there is another document out there that Mr. Nary has produced and so we probably have a couple of other roadway segments we need to revisit in addition to Pine. I -- you know, I have to apologize for it, I just did not see it. We are really comfortable with going forward and visiting -- revisiting -- visiting or revisiting any of the roadways that you have suggested and so we will go ahead and take that one under advisement and see if we can come up with a -- you know, a recommendation and a good plan. De Weerd: And, Mr. President? Rountree: Madam Mayor. De Weerd: One final comment on Locust Grove. You know, if we look at a 40 mile an hour corridor and, then, change to 35 and, then, go to 45, at least if your study -- and I don't want to offend a room full of engineers, so I won't, but -- that's something new, uh? Is if you would consider at least 40 miles an hour, so you have some predictability or -- Oyen: Madam Mayor, a question just for clarification. De Weerd: Between McMillan and Chinden. Oyen: Between McMillan and Chinden. Yes, ma'am, we will take that under advisement, because certainly one of the goals of the thing is consistency and so there -- we are in a -- you know, a developing or a transitional environment as we get towards Chinden, as we get farther from the downtown core on these routes and so it becomes a little more challenging to be perfectly consistent, but we can sure -- you know, we can sure kind of nudge things that direction. So, I will take that -- you know, I'll take that one and, you know, kind of just think about moving that one immediately. And, again, it will be a feedback loop. It's something where we are going to -- you know, we will make some changes here, we will revisit them and see if what we have got is what we expected. De Weerd: It's a compromise. Rountree: Bill, you were acting like you wanted to say something down there. Nary: No, Mr. President. Mr. President, Members of the Council, I wasn't aware of the -- the disconnect on the Pine Street one, so we will get that information back to Ross, so we can get that answer. Meridian City Council Special Meeting Workshop June 16, 2009 Page 17 of 60 Oyen: Madam Mayor and Council Members, I'm -- since Mr. Wasson of my office is now on active military duty and heading fairly far east pretty soon, I have actually stepped into the safety commission and so I have a little bit more and better communication with Mr. Nary and Mr. Colaianni or Lieutenant Colaianni and the other members and I think that would be helpful as we go through this process of trying to get what we all want, which is consistency and appropriate and safe speed limits. De Weerd: Thank you. Rountree: Final question or comment. At what point will we see postings change and is there anything you need from us at this point, other than a move forward? Oyen: Madam Mayor, Councilman Rountree, the postings that -- that I have suggested I'm prepared to go out and make by the end of the month. Rountree: Terrific. Very good. Oyen: The compromise recommendation I'm going to sleep on it, but I think you can bank on it. Item 5: Department Reports: A: All Things Transportation Rountree: Thank you. Next item, Item 5, Department Reports. All things transportation. Caleb. Hood: Mr. President, thank you. Mayor, Members of the Council. This is the bi- monthly check in with you all to just kind of advise you of what's been going on in the transportation realm. I did include most all things transportation in that memo, but I'm not going to go through that entire memo, as I mentioned in the memo, but I do want to spend some time and highlight a couple of things, again, that have transpired or about to happen here regarding transportation in Meridian. First of all, TLIP, if you're following along with the memo that I prepared, page two, top, there is a master street map workshop planned for June 25th from 1:00 to 4:30 in the planning department conference room. I have invited all the Planning and Zoning Commissioners to that meeting. This is a step in the TLIP process where we will, basically, be looking at a map of all the roads in Meridian and future roads in Meridian and, essentially, tagging them with a typology for -- for each roadway in the city. So, I would extend an invitation to the Council. However, if there are going to be three or more -- two or more, attending, we need to notice it as a meeting and, then, we would probably change the venue from being in our conference room to being in a more -- conference room A or something like that. So, I have also extended that invitation to Councilman Rountree, but I have not heard back if he's able to attend. But if you are interested, certainly let me know and you can participate in that, too. Rails with Trails. Quickly wanted to let you know that Alta Planning and Design out of Portland is going to be in town later this Meridian City Council Special Meeting Workshop June 16, 2009 Page 18 of 60 week, Thursday and Friday. I will be meeting with Matt and some other stake holders in the area, COMPASS, ACHD, I'll try and make some contact with Idaho Northern and and some of the property owners along the corridor. Ten Mile interchange. The bids came in on June 9th. They were approximately 20 million dollars below what the STIP estimated for the construction of that project. There will be a ground breaking ceremony held on the site, so the southeast comer of 1-84 at Ten Mile on Tuesday, June 23rd, at 3:00 p.m. Bring your shovels I have been told. Also on the -- regarding the Ten Mile -- De Weerd: We have to bring our own shovels? Hood: I don't think you probably have to. I think you may have been provided -- I'll double-check on that and if you're supposed to bring your own, I'll let you know, but I think yours is probably provided. De Weerd: I carry it with me. Hood: If you have a special hard hat you want to wear, though, you probably need to supply that. Regarding the Ten Mile interchange, there is 880,000 dollars is the dollar amount that ITD has landed on for what it's going to take to landscape slash hardscape around the interchange, so -- so that's progressing forward as well. Just wanted to let you know about that. The Ustick and Linder intersection has -- I understand some of you are aware that is under construction. They closed the intersection here a couple weeks -- I think the 5th and 6th. It was closed for a couple of days and nights so they could do some of that. I'll touch on that project here in just another, excuse me, second, but they do anticipate that project to be done in the fall of this year. So, before school starts or, again, right as school is underway. The Meridian Road interchange. The Mayor will be attending the ITD board meeting on this Thursday at 10:00 a.m. That will be held at District Three's office on Chinden Boulevard. 8150. We are going to show the ITD board how much that rebuilt interchange means and the Mayor will be presenting to that board. If you can attend -- fill the room is what we are trying to use to, again, show that support. Also, while I have got the floor, there is a resolution is the next agenda item and, essentially, that's what that resolution does is shows a support for using GARVEE funds to rebuild the Meridian Road interchange. The ACHD joint meeting. Matt mentioned it earlier. You do have a joint meeting scheduled on June 29th at 10:00 a.m. at ACHD with their commissioners. In the memo -- and this is where if you do have that electrically by chance, if you can move to page five -- you don't have to, but I have bullet pointed the potential agenda items -- at least the draft agenda items we have. I'd like to run through those with you real quick to make sure we are on the same page and see if there may be a couple of them that need to come off or some that need to go on. The first thing is impact fees. This is very related to the recent police and fire impact fees action you all took a week or two ago now and ask the ACHD commission a similar question if they'll defer their collection of commercial impact fees until occupancy is requested by the developer. So, maybe I'll pause just real quick -- I'm assuming that that's okay, but if someone has a question -- further question or doesn't think it's an appropriate topic, please, speak up now or I'll leave it on the agenda. The second one on there downtown split corridor and I think after that Meridian City Council Special Meeting Workshop June 16, 2009 Page 19 of 60 presentation I'm going to go ahead and yank that, as you already mentioned, or consensus here earlier when Matt had the floor. East 2nd Street. This one I'm not really in the loop on. I certainly know that they have -- they -- ACHD has restriped a lot of downtown consistent with MDC's restriping plan for the downtown core. However, East 2nd Street is still -- hasn't been converted to that one way southbound. I don't really know what the status is. I don't know if it's something where it's a joint meeting worthy or not, but I've had it on this draft agenda for about six months now, so I just want to touch base and see -- I did shoot an e-mail over to Shaun Wardle. He didn't think that maybe it needed to be on the joint meeting, but, again, I've had it on the agenda for some time now, so before I just pulled it off I wanted to touch base and see if there were thoughts on -- on that being a topic or not. Rountree: Comment? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I don't think it's probably timely. Hood: Thank you. The fourth bullet on their policy is the cost share policy. I will let you know that ACHD -- this is another one that's been on the agenda for quite some time. ACHD did, at the end of May, May 27th, adopt a cost share policy. We did want to discuss with them before they adopted that policy a little bit of what the rationale for that policy was and just make sure, again, we understood where they are coming from with that policy. There will be another opportunity for us to talk with ACHD, at least at the staff level, and we will talk about future joint meetings here in just a second, too. Regarding their actual code and how that relates to their recently adopted cost share policy. Again, earlier on I was hoping that they could just give us a for example this is how cost share would work. I still think that would be beneficial, even if this -- at this point in the game without them having that integrated into their code, but, again, if it's not something that the Council wants to have that discussion at this point, we can take it off as well. Rountree: Comments? De Weerd: I think that is a timely discussion. Rountree: Heads are nodding. Keep it on. Hood: Are there any -- so, I just mentioned a couple of things there. If there are other topics -- sub topics within that general topic that you would like -- I have been asked by ACHD to kind of maybe set the stage a little bit better for some of these, not just having an agenda item, but kind of say why are we asking for this to be an agenda. So, if you have some of those, again, sub -- sub topics that I can share with them to kind of set the stage so they are not walking in blind to this, saying, oh, they want to talk about this Meridian City Council Special Meeting Workshop June 16, 2009 Page 20 of 60 aspect of that, then, they can prepare or their staff can prepare them to have that discussion. I'll leave these things, but if you can think of anything else regarding cost share that you're particularly interested in, you could pass that information onto me I would appreciate it. Rountree: The only that comes to mind is flexibility of the policy as it relates to participation. Hood: Thank you. Meridian speed limit is also on there and I had a -- you know depending on how it went tonight -- Madam Mayor, not to step on anyone's toes, it sounds like you two have reached a mutual agreement there on one of those roadways, but if there are certain things that you want to have a roadway or two just -- you don't agree with or whatever with the study, that is a mechanism, potentially, where they could -- I'm not trying to dis their staff, but certainly if you wanted to have that discussion and you really felt strongly about a roadway or two that maybe wasn't consistent with the -- we can leave it on there or I can pull it off, so -- I'm tempted to pull it off, unless you guys have something else that you want to discuss with them. The other may be adding -- it's place could potentially be that that center median or -- and that would be just a quick thing I would think to request -- I know it's similar to the Maverick there on Locust Grove at Overland as well, that the 33 Quick -- if we can plant the seed maybe. I can even probably do that at a staff level. Certainly it carries more wait coming from the Mayor and Council, but I don't know that there is consensus there or if that's something you all want to add in its place or not. Just a thought. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I think staff level probably is fine with that. There will be another weighty topic from Public Works that we do need to add on and I think, Tom, were you going to include that in your -- your department report or your presentation or -- do want to talk about that now? Barry: I'm sorry, what kind of support were you looking for from Public Works? De Weerd: Well, Tom, I guess we are looking at the joint meeting topics for ACHD and the City Council and the recent occurrence or conflict that we have going on with ACHD right now. Barry: Yeah. Madam Mayor, we were not planning to discuss that tonight. I wanted to brief you fully on that and let you know the course of action we took with ACHD. It's still sort of going back and forth at the moment. We hope to have final resolution here -- or at least direction in the not too distance future, preferably before, obviously, this meeting with ACHD. But I wanted to sit with you -- we have about three other issues with ACHD, too, that require some attention. So, I want to get your opinion as to what -- Meridian City Council Special Meeting Workshop June 16, 2009 Page 21 of 60 which of those items you'd like to see placed on the ACHD meeting agenda and we'd be happy to address any and all. De Weerd: Okay. Caleb, I guess pending that meeting -- it's probably all about communication and coordination. Project coordination and expectation of roles and responsibilities, probably the reasonable summary at this point. It does need a place holder and you can let them know that we will get more details to the topic once we can frame it. Hood: Mr. President, Madam Mayor, Members of the Council, and Tom, Anna brought this up this afternoon -- late this afternoon regarding this project and I can put the place holder down that we had talked about when she brought it up. As I understand Mr. Bary has prepared a letter to ACHD and that may serve as background information topic of discussion. I have not seen the letter, but if you're okay with me making that -- basically the background information for, again, setting the stage for where -- what we need to talk about with them, unless there is something else that you want to put in that packet, that's what I would propose to do, so -- Barry: Mr. President, Madam Mayor, Members of the Council, Mr. Hood, that would be just fine. We are happy to provide the letter. ACHD's in receipt of the letter, we sent it certified return receipt, and we got that back a couple days ago. So, we are happy to include that. We sent it to the deputy director of ACHD. I don't know that the director's aware, so you guys might want to make the directors aware or we can certainly do that as a courtesy, as well as the commission. De Weerd: I'm sure he's aware. Bary: Pardon me? De Weerd: I'm sure he will be aware once they get the letter. Barry: I think so. The other issues that we may or may not want to address -- the Mayor and I will need to go through and see if it's appropriate for this next meeting. So, Madam Mayor, you and I want to get together here shortly, we could give Mr. Hood some direction as to what other items might need to be placed on that agenda. De Weerd: Okay. Hood: Mr. President, Madam Mayor, Members of the Council. Sue from ACHD, administrative assistant, has asked -- they have a meeting tomorrow and they were hoping to get our draft agenda items -- I've put out a few things before you tonight and we get back with her tomorrow. So, I don't know what Mr. Bang's and your schedule is like, but sooner rather than later certainly would be appreciated. De Weerd: Mr. President? Meridian City Council Special Meeting Workshop June 16, 2009 Page 22 of 60 Rountree: Madam Mayor. De Weerd: I guess, Caleb, you can tell them as far as you know that's what it is and there may be an addition. Hood: Fair enough. Thank you. Finally, just to close out this -- this topic, I did have a joint meeting on there, so setting the next meeting date seemed to be appropriate, given the difficulty we had scheduling this one, so if you can bring your calendars or let's talk -- do you want to do a quarterly star or every six months or whatever the case may be, but some of the discussion, maybe, so we don't have to the letters back and forth trying to -- trying to get a meeting scheduled, anyways, was my thought. So, if there are any other topics, please, let me know ASAP so I can get from them that revised draft agenda at hearings. With that I'll conclude our presentation on this topic. B: Resolution No. Supporting the Rebuilding of Merdian Interchange. Rountree: As well as your comment on Item No. B. So, we have a resolution before us, 09-672. If you have read that and wish to make a motion -- Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve resolution 09-672. Zaremba: Second. Rountree: It's been moved and seconded to approve resolution 09-672. Roll call vote. Roll -Call: Bird, yea; Rountree, nay; Zaremba, yea; Hoaglun, absent. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. De Weerd: Mr. President? Zaremba: Mr. President? Rountree: Madam Mayor. De Weerd: I just wanted to thank Caleb for all of his efforts on not only the Meridian interchange, but the number of other moving targets that we have kind of thrown his way and appreciate the due diligence you have given it and you have done fantastic work. So, thank you. Hood: That's my job. Thank you. Meridian City Council Special Meeting Workshop June 16, 2009 Page 23 of 60 Rountree: I'd say the stimulus package was real stimulating, wasn't it? Your direction anyway. Mr. Zaremba. Zaremba: Caleb, this kind of slipped by while you were discussing it. I'm thrilled to see that the Ten Mile interchange is likened to safe 20 million dollars. I think that's what you said. Any chance of encouraging ITD to either put that into the Meridian interchange or a Linder overpass? Hood: Mr. President, Madam Mayor, Councilman Zaremba, that is going to be the main topic that the Mayor is going to be discussing -- presenting to the ITD board on Thursday. There are some 30 million dollars already in GARVEE savings. I do want to say they probably won't save 20 million dollars on that project after you get your change orders and all that, but just preliminary estimates it came in about 20 million dollars under what they expected to pay. Or, again, what has been set aside, essentially, through the bond program that they can potentially pay for that project. So, there is some significant cost savings, in addition to the Orchard and Vista, they are coming in with the same type of estimates and if they get constructed this year or next, we'll see ten, twelve, fifteen million dollars a pop that, then, are pooled to a 60, 65, 70 -- just in the 1-84 corridor, they could pay for a 40, 45 million dollar project. So, yes, that is -- that is what we are going to ask ITD -- the ITD board to do is to add one more project to the GARVEE list using those cost savings. Zaremba: Thank you. C: Budget Amendment for Heroes Park — Phase 3 Maintenance Building for $98,000.00. Rountree: Thank you, Caleb. Next item, 5-C, budget amendment. Steve. Siddoway: Thank you, Mr. President, Madam Mayor, Members of the Council. You have before you a requested budget amendment for 98,000 dollars. I actually wish to request to reduce that amount tonight by 11,000 dollars to 87,000. My intent is to cover this budget amendment with the savings that we have realized from the Settlers Village Square project. And I did find 11,000 dollars of un -posted transactions that I needed to take off that -- that request to keep that whole. The reason for it is so -- through the Heroes Park project, which was sent out to bid last Wednesday -- and we have a pre- bid meeting on it this Thursday -- this budget amendment would allow me to put the maintenance building in the base bid, as opposed to as an alternate, which I believe we will get better prices if its in the base bid. So, my request -- as you -- we have talked previously about the separation that we did of the maintenance building from the concessions and restroom building and put over, excuse me, on the west side of the park and so I guess that's the presentation that I have that we would like to be able to put the maintenance building in the base bid. This amount would provide us with enough budget to meet the current cost estimates and we plan to cover it with the cost savings from Settlers Village Square Phase One and I'll stand for any questions. Meridian City Council Special Meeting Workshop June 16, 2009 Page 24 of 60 Rountree: Any questions for Steve on the request? Bird: I have none. Rountree: Seeing none, thank you, Steve. Siddoway: Thank you. Rountree: Need a motion for this consideration. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we approve a budget amendment for Heroes Park phase three maintenance building in the amount not to exceed 87,000 dollars. Bird: Second. Rountree: It's been moved and seconded to approve the request for a budget amendment for a maintenance building, 87,000 dollars. Roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Nary: Mr. President? Mr. President, Madam Mayor, Members of the Council, because many of these budget items you have heard, as you'd like you can certainly hear all of them and, then, move individually at the time and, then, it might speed you up a little bit if you want to. I mean you certainly don't have to, but you can do that if you'd wish. D: Budget Amendment for Idaho Power Rebate for Energy Efficiency for $100,000.00 Rountree: I'm hearing one at a time, so -- next budget amendment request, Caleb. Hood: Mr. President, Madam Mayor, Members of the Council, I'll try to keep it under three minutes. The next budget amendment request is regarding the 100,000 dollars that we received from Idaho Power on the energy efficient -- for the energy efficiency building. In May Anna came to you and asked for some direction on how to re -invest that money. So, this request is that proposal getting back to you for the first half of that money. So, 50,000 of the 100,000 dollars -- the 40,000 of it going to a grant for green businesses, 7,800 for promoting and administration of the green business grant program, 2,200 for compact florescent spotlights on downtown banners and, then, Anna Meridian City Council Special Meeting Workshop June 16, 2009 Page 25 of 60 will come back to -- with more details in the future and on the rest of the 50,000 dollars, too. So, I will stand for any questions. Rountree: Questions for Caleb? Bird: I have none. Rountree: Need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the budget amendment on the Idaho Power rebate for the sum of 100,000 dollars. Zaremba: Second. Rountree: It's been moved and seconded to approve the budget amendment for 100,000 dollars. Roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. Rountree: Motion passes. MOTION CARRIED: THREE AYES. ONE ABSENT. E: Budget Amendment for Police Training Funds for $4,760.00 Rountree: Item 6-E. I do not see the chief here. Somebody want to tell us about this? Colaianni: President Rountree, Madam Mayor, Council Members, I haven't talked to the chief about this, but I do know what it's about, because I'm the one that put on the class. This budget amendment is to -- this is income that was raised when we put on a K-9 training school here a few months ago. I was the one that brought the vendor in from Alabama. He put on a school for our K-9 to certify them as instructors and as a result we sold seats to this school to help offset the cost to the city and as a result we have income sitting in the account and it needs to be moved back into our training fund, so we can spend it before the end of the budget year. Rountree: Very good. Any questions? Bird: I have none. Rountree: Need a motion. Meridian City Council Special Meeting Workshop June 16, 2009 Page 26 of 60 Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the budget amendment for the police department, police training fund, 4,760 dollars. Zaremba: Second. Rountree: It's been moved and seconded to approve the police training fund, 4,760. Roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. F: Budget Amendment for Fire Safety Education for $13,228.00. Rountree: Item F. Mr. Anderson. Anderson: Yes, Mr. President. This budget amendment is a request for 13,228 dollars to purchase some item like CPR manikins, a fire extinguisher training prop, smoke detectors, and pub ed materials. This -- this budget amendment would be offset -- we have collected this same dollar amount, 13,228, through grants through the Idaho Fire Chiefs, through Walmart, and Light My Fire organization, as well as numerous small donations. So, these are donations that have come into the city, intended for this purpose, and so we are asking for this budget amendment so we can expend those funds in this budget year. Rountree: Thank you. Any questions? Need a motion. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we approve the budget amendment for fire safety education for 13,228 dollars. Bird: Second. Rountree: Moved and seconded to approve the budget amendment for 13, 228 dollars. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council Special Meeting Workshop June 16, 2009 Page 27 of 60 G: Budget Amendment for Mayor's Youth Advisory Council for $3,393.00. H: Budget Amendment for State of the City for $5,994.00. I: Budget Amendment for Meridian Business Day for $4,500.00. Rountree: Items G, H and I. Robert, are you going to do those? Okay. Thank you. Simmons: Council President, Members of the Council, Madam Mayor, the first one is a budget amendment for the Mayor's Youth Advisory Council. This is to allow to send a check to the Idaho Meth Project for the funds that were raised by the youth council for their fund raising dinner to cover their expenses for that evening. Rountree: Why don't you go through all three and we will do the three Mayor's office requests. Simmons: Right. The second one, the budget amendment for the State of the City, this allows for expenditure of the additional funds that were raised from the State of the City event. We know some of the places where this will be used at this point in time. We have committed to purchase some stuff for the art gallery per the Arts Commission's request. Also an item for the -- under the Initial Point piece that we have here for City Hall. We also have some other items, some other framing things that we'd like to get done related to the art pieces that are selected from the student art shows and we collecting those from the artists and we'd like to add those as permanent fixtures here in the City Hall. We'd like to do a back drop for city events very similar to the ones that you pull up from the ground and be able to use those for State of the City or other press conferences or any other city filming that we do. Potentially also looking at doing another pieces of art through the Arts Commission if that's something they -- they want to pursue. Those are the uses that we are looking at for those expenses. Nothing is set in stone, with the exception of the pieces that are already submitted. This gives you an idea. And, then, the third item is of the Meridian Business Day budget amendment. That is to -- oh, those expenses all raised by Josh to pay for the events for that. The event was 3,000. The additional 1,500 would potentially go towards another event before the end of this year that hasn't been decided. If not, we may be looking to try to use those funds next year and we will be working with finance if that's the case. Rountree: Any questions? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the budget amendment for the Mayor's Youth Advisory Council of 3,393 dollars; the State of the City for 5,994 dollars, and the Meridian Business Day for 4,500 dollars. Meridian City Council Special Meeting Workshop June 16, 2009 Page 28 of 60 Zaremba: Second. Rountree: It's been moved and seconded to approve the budget amendments in Items 5-G, H, and I. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. J: Economic Development Update. Rountree: Next item, be 5-J, economic development. Josh. Grant: Good evening. Rountree: Welcome. Grant: Since last update in late April there have been some very positive efforts to comport with some others on the horizon. Many of these you have likely been aware of, as Meridian's businesses have recently received some great press and recognition. There we go. On June 24th, Wednesday of next week, the health sciences and technology corridor will be launching. Hopefully you have all received invitations for this. It's scheduled to take place at 1:00 o'clock at the Meridian School District administration building. Our Mayor and the governor and President Vailas from Idaho State University will be among the speakers at this event and, hopefully, you will all be able to attend. Following this event in July a marketing forum will be taking place. This forum will be made up of businesses within the corridor. There will be the opportunity to provide additional details about the corridor and what it means to their business and how they can take advantage of this opportunity. I'm also pleased to announce a Chinese group is looking at a couple of potential investment opportunities in the corridor. They will be actually -- have a representative here in the next week to attend the launch and also support some potential options. We also are continuing to schedule site visits with the Mayor and Meridian companies. Most recently we have been focusing on engaging start-ups, like R2EV and Adrenity. Relationships that are being formed with these companies are very important as we continue to work with them to help keep them here in Meridian. A little background on a couple of these. R2EV, if you're not aware, is creating battery packs for electric vehicles. Most people are aware of the Red Boxes out there with the videos. They are looking at creating green boxes for electric vehicles to trade out their batteries. They have been working with grant funding for this business. Also another company Adrenity. They actually won the tech launch business competition, recently receiving the entrepreneurial Idaho grand prize. We continue to work with Rick Ritter from Idaho Tech Connect to identify how we can assist these and other technology start-ups. There is still major issues for business ventures to find investment capital and we are trying to work with them to see how we can assist. This last month, May 27th, Meridian's Business Day, thanks to the volunteer Meridian City Council Special Meeting Workshop June 16, 2009 Page 29 of 60 sponsors and speakers for the great success for the education and networking. I know some of you were able to attend. We had over 400 business people in attendance at that event. Following that event we conducted a survey. Had over 80 responses. There is a summary of that survey in your packet. Just a quick summary of that, some highlights. We had a hundred percent of the respondents felt that this was a beneficial event. A hundred percent of the respondents say that they would attend an event like this again. A majority of the respondents said that they would like to see this happen at least twice a year. So, look for the next one soon. Rountree: Josh, what was the total number of attendance? Grant: The total attendance? I -- you know what, unfortunately, I don't have an exact number, because not everybody -- registration wasn't required, it was just encouraged. We had -- as a follow up, I think there were right around 400 that were actually registered, but I do know for a fact there were people who didn't register that were there. So -- and we had -- as far as the luncheon, the restaurants were there to serve at least 500 and one of them planned for 400 and they went through all their food. So, kind of -- to gauge the numbers that were there. Rountree: Okay. Grant: And those who were in attendance know that it was pretty packed, so we definitely filled our space and it was a very well received event. Rountree: Thank you. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: And one of the things that Josh left off is those that have said they would like to see it happen at least twice a year have also offered sponsorships and we were kind of pounding the pavement on the sponsorships leading up to the event. The event sold itself and the sponsors that did sponsor this -- this first event want to continue and additional interest has been created. So, that's a good position to be in. Rountree: Very good. De Weerd: Self sufficient. Grant: Very much so. We also conducted a business survey this past spring. A summary of those responses are also in your packet. I won't go through those. We did receive maybe six responses from local businesses and we will be, of course, utilizing these results going forward and working with these businesses to address their needs. As I mentioned or referenced the need for businesses to find investors and investments. We are exploring tools to draw investment into the community. An example like the Meridian City Council Special Meeting Workshop June 16, 2009 Page 30 of 60 E135 program. We also continue to work with BVEP in looking at identifying regional incentive opportunities. We have been working closely with the Department of Labor on forming a workforce summit to focus on health science and technology. This was originally planned for June, but it's been postponed to just constraints as far as planning the event, which actually ended up working pretty well, considering the corridor launch next week. Part of that launch will be a panel and discussion around that panel will serve as a great foundation for the workforce summit in coming months. We are also working with the Department of Labor and some volunteers in forming Meridian Business Association, also known as the MBA. That first group meeting will be taking place next Tuesday at 5:30 at Flat Brick Community Oven. And also working with a local business about creating a network of -- a networking group here in Meridian and look for that to take place hopefully in the next few months as we put that plan together. De Weerd: Josh, do you want to say a little bit more about what the Meridian Business Association is? Grant: Absolutely. The business association is really focused on -- Meridian doesn't have a true business networking group or structured networking group, so we have looked at opportunity to bring together some -- some business people in the area, business professionals who are looking to start up their own business and provide a forum that will be focused around education and networking. We haven't detailed anything out for the purpose of -- we want to bring the first meeting -- people to the first meeting to provide and open forum to help structure this, what it would be, without saying here is what it is and here is what it's going to be. If you like it, great. If you don't, don't come. We'd like to leave it a little bit open ended to see what we can create with this group. So, I'd definitely be exited to report back on where that goes this next meeting. What the plan right now is to have it meet once a month. A no fee based group to encourage obviously attendance, with the help of the Department of Labor to -- in forming this group. And, again, the volunteers have been critical as well to make this happen. And our plan is to have at least 15 to 20 people at this first meeting and to grow from there. Rountree: Any questions for Josh? Bird: I have none. Rountree: Cary on. Grant: A couple more items. In the last few months and in the coming months we have -- Meridian's received some great PR. Next month, actually, the BVEP's ROI will be spotlighting Meridian and the health sciences technology corridor following the launch. Last month -- I don't know if you were -- received a copy of Architect magazine, but it includes a copy of the article in your packet. Meridian was highlighted in there, focusing on downtown and the corridor as well. A quick follow up on the Society of American Business Editors and Writers conference that Phil attended in late April. I know he reported briefly on it in our last update. A follow up to that is we will be following up with Meridian City Council Special Meeting Workshop June 16, 2009 Page 31 of 60 the contacts made in that event after the launch of the corridor, as this will be a great opportunity to get some story ideas in front of these writers to say here is another opportunity to get some information on Meridian, some exciting news is happening in this area and the state. The IMC, which is the Industrial Management Conference, Phil attended this in May. He made several contacts and reconnected with some people as well. Some of those included Dow Chemical and -- make sure I'm pronouncing this right -- Weyerhaeuser Real Estate. The general feedback was that companies weren't making a move right now, as we are aware, a lot of companies are hunkered down and waiting things out. But the contact relationships and a real opportunity to get in front of these people and tell our story was very valuable and, then, maintain these contacts as things tum around. Semi Con West trade show is coming up next month. We will be attending that with BVEP. It is attended by micro electronics and photovoltaic industries, obviously, a sector that we have focused on as far as technology and manufacturing. And next month is also the second Ignite Boise event. We did submit a presentation for that. I just found out yesterday we weren't accepted, but we will still be attending, and it's a great opportunity to network and meet some start-up companies. With that I will stand for any questions. Rountree: Questions? Comments? Thank you, Josh. De Weerd: He talks faster than Matt. Rountree: Yeah. Grant: I can drag it out a little more if you'd like. Rountree: No. That's fine. Good information. And I did attend the business day and it was an extreme success in my opinion. All the comments I heard were good deal, good seminars, good information. People walked away feeling like they had spent their time wisely. Okay. Grant: Thank you. L: Proposal for Acceptance of Credit / Debit Card Payments for Building Permits. M: State of Development Services Division. Rountree: Thanks, Josh. Next item is L, Bruce and Tom, and go ahead and do M. Bary: President Rountree, we had, actually, another item that was requested to be placed on the agenda. A quick clarification on resolution regarding the fire and police impact fee waivers. Mr. Freckleton was going to speak to that with your permission to -- Rountree: That's why I was going to assume that Mr. Freckleton would wrap that into his state of the development services division, Item M, if he would. Meridian City Council Special Meeting Workshop June 16, 2009 Page 32 of 60 Bary: Happy to do it. Rountree: Okay. Freckleton: Thank you. Mr. President, Madam Mayor, Members of the Council. Excuse me. For some time now in the last three or four years in our discussions with the development community and more particularly contractors in several of the trades, they have requested that we get the process in place so that they can pay for permits with debit card or credit card and there is some -- some changes in law recently that made that option very attractive to us and I have -- we have looked at a couple of different presentations. I have got Rich Steckler and Leslie here this evening with Access Idaho and I have asked them to do a quick little presentation just to summarize the program that we are -- that we are looking at and the benefits of it, so -- Steckler: Mr. President, Madam Mayor, Members of the Council, Rich Steckler of Access Idaho. I'll give you a brief overview of our company and what we do as far as credit and debit card processing. Talk about the company itself and, then, about the service. I have control, right? Thank you. All right. We were established in 1999 and our status is -- or we have a state contract and there is a provision in there that let's us do work for counties and municipalities as well and we are a self-funded model in the sense that we make our money off transaction fees, so we do -- and we can only work with government entities within the state of Idaho. So, our big cash cow is ITD, the transportation department, which allows applications through them and we get funding from them. So, we have a pay for the application as it comes off the shelf that counties and municipalities can use as well. So, it's our tenth year in Idaho. We just got our new contract last June. Time flies. And it goes through June 2013. We are located in downtown Boise. We have to -- our contract says we have to be within walking distance of the state capital, so we are. And we have 13 employees. Eight percent are from Meridian. Well, one Meridian resident amongst 13 employees. And we are a subsidiary of NIC, Inc., which is a company based in Kansas and we are in 23 different states doing business as the same thing, as far as doing government work for the states as the self-funded model and we are on the NASDAQ at EGOV, if you look at that, feel free to. The application is for over the counter and online transactions, so you can have one catalog and organize that and use it for over the counter and online transactions. The best part about it for you guys, of course, there is no cost to the city. You can pass the fees onto the customer and everything is disclosed that way, too, and -- and that way they can choose to pay for that way or not. One thing I will mention, too, is you can take e -checks as well. If they did it online just with a debit card or credit card, it's three percent -- a flat three percent on top of the statutory fees. If they use an a -check -- usually that is probably a good option for bigger companies, because if you're paying 10,000 dollars you don't want to pay 50 off of that, so we have an a -check option, which is a flat five dollars no matter what the -- what the cost. There is no merchant fees or a monthly minimum. We hold the merchant account, so you don't have to wont' about that. One thing that I'll mention, too, that we don't sign -- I guess sign a minimum contract like that, we are locked in for two years. If you will go with this and decide, Meridian City Council Special Meeting Workshop June 16, 2009 Page 33 of 60 well, that's not working for us, you can walk away with no penalty or anything like that. There is no equipment to buy. Everything's done with your own PCs. There are a -- there is a swipe card device you can purchase. They are 85 bucks apiece. But it's not needed. It's for the over-the-counter kind of transactions, of course, but it speeds the process, but it's not needed to run the application. We are a secure -- we -- the payment card industry standards -- was it CCI -- we have two redundant servers. One's in a big bunker in Ashburn, Virginia, another one at a site in Allen, Texas, and we guarantee an 99.9 percent up time and everything is secure and backed up and encrypted, that kind of thing. We offer detailed exportable Excel spreadsheets, transaction reports, so fun time for your accounting people. We have electronic deposits into one or more accounts, the accounting accounts or another account. There is free easy setup and support and we have kind of done that most of the part. Bruce and Mindy have been kind of playing in the sandbox and we have set them up in a pretend environment and as near as our city wide environment, so they have been swiping cards, that kind of thing, just to test it out and that kind of thing. We did win last year the government achievement award for one of the best applications last year at the national award and, then, we are used by government entities statewide and that moves us to my next slide. We are in 11 state agencies and 40 counties. Most notable, probably, in this area is Ada County. We have -- with over the counter we handle a lot of processing for them. Last year we did about -- for pay port alone we did eight -- almost eight million dollars, 95,000 transactions. Our company as a whole we did -- we do lot of things for the tax commission as well. We did 132 million last year for processing, so -- and we are statewide. And, then, if you want to find out more information, there is a url there at paperwork.idaho.gov. That's my high level paperwork and Access Idaho. And I'm open to any questions. Rountree: Questions? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess once we really try this out is it something that can be utilized citywide? Steckler: Absolutely. De Weerd: It might answer some of the hesitancy that finance has had in accepting credit cards. So, you know -- and I just appreciated the entertaining statement of calling ITD a cash cow. I have just never heard that in reference to ITD, so -- Rountree: That's how they started in Idaho. Freckleton: Mr. President, Madam Mayor, Council, I -- at this point we have gone through two different presentations. We have vetted this process through the Finance Department and -- and IT as well, because of the -- the interface with the internal Meridian City Council Special Meeting Workshop June 16, 2009 Page 34 of 60 network. This is the -- the product that we have basically chosen. What we would like to do, if it's -- if it's your pleasure tonight, is to get your direction to go ahead and start working with Access Idaho to put together a contract and come back to you for that approval. Rountree: Comments? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Is this anything that would require open bidding or can this done as a sole source authority? Nary: Mr. President, Members of the Council, it's a service, so it doesn't have to be bid. But we can if you'd like, but it's not required. Zaremba: Okay. Thank you. Steckler: It does fall in the state contract, too, so -- do you have all the legal documents that you need? I sent you -- Mindy, I don't know if you -- Nary: I don't have any. Steckler: Oh, you don't? Okay. I can send you all -- Rountree: Bruce, my guidance, I guess, is to move forward with putting together the agreement and certainly get the information to legal and make sure that all the folks in the city that do make transactions are in the loop on this and that they all have input and let's move forward. Freckleton: Sounds good. Thank you. Bird: Mr. President? Rountree: Mr. Bird. Bird: I agree wholeheartedly with that. Let's get forward with it, bring back something. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Just to clarify some of those comments, I mean this is being presented for use with building permits, which are large fee things, but is the discussion saying we want to let people make their water payments this way also? Is that what's happening? Meridian City Council Special Meeting Workshop June 16, 2009 Page 35 of 60 Rountree: That would be my direction. I'd as soon get air miles as send you a check. De Weerd: Certainly, Mr. President, we will talk with finance and pursue that and bring it back. No. Thank you. Rountree: Bruce, you still have the floor. Freckleton: Thank you, Mr. President. Madam Mayor, Members of the Council. The next item is our State of the City -- or State of the Development Services to you. I have several members of the Development Services staff here tonight that wanted to see me fumble, so I would like to acknowledge them and thank them for their effort. Maybe a show of hands for Development Services staff, so -- Rountree: Thanks for being here. Freckleton: We are happy to be in front of you tonight with this -- with this report. I wanted to kind of show you what we have been up to. If I can get this presentation up and running here. Okay. This first slide, basically, what I wanted to do is just kind of reiterate the make up of the division. The Development Services division is made up of land development services and building services. The land development services being enterprise fund. Building services, as you know, is development services fund or a portion of the general fund. Development -- currently we -- we have got a pretty good idea of where we are at with the enterprise fund, but I wanted to dig into the -- to the Development Services fund distribution just a little bit with you tonight. The graph you see on the left is our budget trend to the end of the fiscal year. It shows the -- where our revenue is anticipated to come from. Ninety-two percent from building revenue, seven percent from planning, and one percent from interest. The graph on the right is the expenses trended out to the end of the fiscal year. Again, there you can see building department's 44 percent, planning 51, and economic development 11. The other point I wanted to make with this slide is the little table down below, the historical transfers to capital improvement over the last eight years there, just slightly over 8.2 million. Wanted to launch into what we have been doing. We have been very busy. Brent Bjornson and myself have been working the past couple of months on renegotiating terms of our cooperative impact fee agreement that we hold with ACRD. Some of the -- the things that we have been able to accomplish coming out of that -- those negotiations, with the creation of a consistent application process to insure complete accurate transmission of information from the applicant and this is a -- basically to both agencies we get the same information. ACHD will now be responsible to collect any impact fees that are revised after a permit issuance. The city will no longer hold up its issuance of occupancy permit for these issues. Historically they have asked us to hold things up while they work out any revisions and so this is a -- this is a big one. This is the biggest one, in my opinion, is the creation of a major and minor tenant improvement category. ACHD will not be involved in the review process on minor TI's. Therefore, our applicants will be able to pull their permits for minor TI's within three business days. Meridian applicants won't need to make special trips down Meridian City Council Special Meeting Workshop June 16, 2009 Page 36 of 60 to ACHD just to get a signature for a certificate of occupancy. They can call a hotline that ACHD has and ACHD will send us a proxy sign off. It saves the applicant a trip. ACHD has committed to review time lines -- excuse me -- of no more than five business days for major TI's and 15 business days for new commercial. If these time lines aren't met, Meridian will issue permits. Through these negotiations we have been told that our process is the best process -- or we have the best processes and procedures of all the other cities in the county and that ACHD will be working with the other cities to try and replicate our process. The implementation of these new terms that we have been working on is going to happen immediately. We are going to follow up with formalization of them into the impact fee agreement addendum. And, then, a big topic of discussion that is still ongoing is the impact fee deferral during down economy. This is -- this is an agenda item that I think would be appropriate for the joint meeting on the 29th. That would be a good point, probably, to launch into some discussion about the resolution that we -- that we worked on and you passed on the 2nd. The question has come up recently as to how this should be applied. Historically when we have had changes that come through the building department, we use the date of application as our trigger date. So, in other words, your resolution -- the window was July -- or June 3rd through September 30th. So, the way that the resolution is -- that I read the resolution and my interpretation of the resolution was that it would apply to all impact fees on all applications during that period of time. We had an applicant recently that questioned that and didn't think that that was quite fair. His application was in to building services in April and he wanted the benefit of having those fees waived. So, I wanted to just have a little discussion with you to find out what your intent was for that resolution. Also, I wanted to let you know that I currently have 13 projects -- 13 commercial projects that are sitting on the shelf ready to issue. Total police impact fees for the 13 would be 14,187 dollars. Total fire impact fees for the 13 would that 59,322 dollars. Per the report that was produced through the Finance Department when we first began discussions on this topic, it was noted that 93 percent of annual past fees were collected in the period of June to December. So, that's, I believe, why we kind of settled in on that -- that window of June 3rd through September 30th. I will seek your input. Rountree: Any comments about the dates on the resolution and applicability to other applications? Freckleton: Yeah. Basically, what I'm looking for is what date I should use for the application of the waiver, if it should be the date of the application or the date that we issue the permit. Rountree: My recollection of the discussion was that it was date of issuance of the permit. Bird: Yeah. Nary: Mr. President? Mr. President, Members of the Council, Madam Mayor, you did leave it open and I think that was the reason we wanted to request what your Meridian City Council Special Meeting Workshop June 16, 2009 Page 37 of 60 interpretation was. What it says in the -- what it says in the resolution is that during the period of June 3rd until September 30, 2009, the city will waive the requirement for fire. Please collect fees on all applications for building permits or -- by nonresidential permits. So, it certainly could be -- whatever your intent is I think is what the application we want to be consistent in applying that. Bird: Mr. President? Rountree: Mr. Bird. Bird: I agree with you. I thought -- I thought the intent was when the issuance of the permit -- when they come picked it up and paid for it is when that did and I -- it certainly slipped by me in the resolution. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I'll admit I had not really thought about the difference. I think I was thinking application date, but I'm happy to go with whatever the majority chooses. The only issue with making it the permit date is that at the other end of this thing, the 30th of September, we are going to have issues with people that have put their application in on the 30th of September and we are going to charge them when they actually get their permit and they are going to scream about that. Bird: Mr. President? Rountree: Mr. Bird. Bird: But as long as we are consistent. I mean my way of thinking is that the fees are waived when you come in and pay -- pick your deals up when you pay for the stuff, not when you tum in the application. The fees are paid regarding -- with the building permits and all that stuff. And so that's where I -- where I thought it was at time of -- of picking up the permits, instead of the application. Zaremba: I certainly can agree with that. I think it would behoove us probably to warn people that apply within the last week or so of that period that they probably don't qualify for the -- I'm sorry, I don't know. How long does it take from application to handing them a permit? It has to go through review. Is there a standard delay or does it vary by the complexity of the project -- between application and -- Freckleton: Mr. President, Madam Mayor, Council, Councilman Zaremba, the -- typically it's four to six weeks. So -- Zaremba: So, anybody that applies like the first of September is not likely to get the waiver. Meridian City Council Special Meeting Workshop June 16, 2009 Page 38 of 60 Freckleton: No. I mean does certainly -- certainly the complexity of the project does play in, but -- Zaremba: I can go along with the consensus that I think we are coming to, that it should be at the time of permit, but I think somewhere around the first of September we need to start warning people that they may not get it. Barry: Mr. President? Rountree: Mr. Barry. Bary: The intent, as I understood, was to incentivize development during this down time and if you do that with -- you can do that either of the two ways, through the issuance of a building permit or through, you know, the time that the building permit's released or at the time of application. The fiscal analysis that we have done and presented to you in consideration of the original resolution was for application only and that resolution -- or that fiscal analysis was on the order of about 72,000 dollars, if I remember correctly -- 73,000 I'm corrected. So, this change has the potential to -- to increase another 65,000 dollars, as I understand, to that consideration beyond what I think your intent was at the time of the approval of the resolution. The other danger, as Mr. Zaremba points out, is that as we get closer to the end of the period staff will be -- staff will be placed in a very difficult position due to regular turn around times on building permit applications that could be seen in the developer's eyes as delaying purposely the issuance of building permits to avoid payment of impact fees and I think that's a dangerous place to be during the end of this period. So, just wanted to make sure those couple of things were said in your deliberations and we will take any direction that -- or will move forward any direction you render on this. Rountree: Tom, I'm kind of confused by a couple of your comments. One was that you said if we make these changes -- and I'm not sure what you meant. If we go to the application date, I think that's what you meant. And, then, you went on to say if we make these changes, then, the projection in terms of the cost of the program could go up another 60 some thousand dollars. I would say that if the numbers we had before us that have been applied for at this point -- is that correct? The fire and police impact fees. This sheet? Is that for the year? Freckleton: Yes. Those are the ones that we have -- Rountree: Currently. Freckleton: We have already reviewed, they are ready to issue. Rountree: And they were farther from that window? Meridian City Council Special Meeting Workshop June 16, 2009 Page 39 of 60 Freckleton: Those were the ones that -- you know, I'm not exactly sure. I'm pretty sure that all of those are prior to the January -- or, excuse me, the June 3rd date. Rountree: They are prior to the June 3rd. Freckleton: Correct. Rountree: Okay. De Weerd: But they haven't been issued. Freckleton: Yeah. But they have not been issued. But they were applied for prior to. Barry: And the key with application, of course, is that applicant date is driven by the developer. That's the incentive is to get the application complete and to the building department. If you do it on building permit, of course, then, the onus, then, is -- on timeliness is on staff, which is fine by us, we can certainly do that, but, again, if it is a six week turnaround time on a complex project and those complex projects are very large and, therefore, would have huge impacts or impact fees -- or I shouldn't say huge, but larger impact fees, then, certainly by the time you're August 15th or so we probably need to make them aware, as Mr. Zaremba said, that the likelihood of them achieving that waiver during the normal review time is probably very low. And, of course, that being in the middle of construction season, that's sort of disincentivizes the -- I think the program that you had envisioned. Bird: Mr. President? Rountree: Mr. Bird. Bird: Most of your large commercial construction -- and I don't have figures or anything, but most of the large ones would have to have -- would want their permits -- at least their foundation and permits picked up by the first of October, because if they don't get their foundation, their walls and stuff up by December, they are probably not going to work through the winter on most winters. The other winters you could work, but most of them plan that way. And I don't know what the history is of -- of permits, but I -- I mean I was under the assumption that it was time of pick up when you paid your fees, that's when -- that's when you got the benefit of not having to pay the impact fees for fire and police. Rountree: Bill, I have a question. It appears that we need to amend the resolution or come up with a motion that clarifies the intent of the resolution, one of the two, or both? Nary: Mr. President, Madam Mayor, Members of the Council, I would suggest both. I mean to avoid the -- the dilemma and concern that Mr. Bary has for his staff, I think the motion should reflect what your intent is for this and, then, we can bring an amended resolution next week. And I would agree from the earlier discussion with Mr. Bird, I Meridian City Council Special Meeting Workshop June 16, 2009 Page 40 of 60 think the logical spot where you're going to get the benefit is when you're actually writing the check and that. So, whatever point you're going to pay for that seems the most logical place where the benefit would be -- would be granted. So, however -- whatever point in the process they pay for it seems to be the logical place. Rountree: I'm just going to take a moment to let Bruce continue on with his discussion about building services and we will hold for a motion once he's complete and give you direction at that point, but thank you. Freckleton: Thank you, Council President. Okay. So, the next item that I have was we have completed the internal process improvement study. This was a study that was -- was kicked off internally. We were assisted through the process by Josh at Aspireon. This study broke down every step of the development process and identified points of potential weakness. New procedures were established or were created to more efficiently process applications. Creation of a project sponsor in the planning department and department services to help shepherd projects through the process. Another outcome of the study was a flow chart of the development process that will be shared with the development community through handouts and web postings. I counted -- building permit application submittal was -- was kind of a challenge. This came up out of a conversation that Brent and I were having one day and I kind of challenged him, you know, why can't we do this and so my crazy idea turned into beginning January 1 st the building permit application process was enhanced to require electronic submittal of all plans and supporting documentation. It reduces storage space requirements for review sets and archival. Other reviewing departments, such as water, wastewater, and fire can now access the electronic files via the network, thereby saving staff time. Historically they had to make the trip down to the building services to pick up plans and transport them back and forth. So, now it's -- it's right there at their fingertips. It improves the availability -- or ability to record and retrieve information by staff at anytime. It reduces cost to applicants. Fewer plan sets equals less cost. It also will integrate into our new building software when we get that. We had applicants that -- when we rolled this out and we told them January 1 st we were going to start -- start this new program, they were wanting to submit in November, December, they were wanting to do it ahead of the -- ahead of the implementation date, they were pretty excited about it. We have also been, as you know, working on the police and fire impact fee waivers and the effort to stimulate commercial development activity. The program has been well received by the development community. Additional work is being done, as I said previously, about negotiating with ACHD to possibly defer the collection of their development impact fees. We have been working since Tom came on board on doing capital project review process. It's a new proactive procedure that we have established to send all new capital projects through the review process established in the development services division. This review insures consistency between public and private projects. It insures that capital projects are being built to the state and local standards. Being involved in the review process has reduced the number of utility conflicts and change orders that we once experienced, thereby saving the city money. You heard about our e-commerce system. Integration of system to be able to accept electronic payments for all payment types issues through development services. The Meridian City Council Special Meeting Workshop June 16, 2009 Page 41 of 60 system fulfills need requested repeated by our customers. No cost to the city. The customer pays a three percent convenience fee for the use of Visa, Mastercard, Discover card and American Express. This is -- this is, basically, the same that you see when you go to the DMV. They allow you to use this system now and the applicant knows when he walks right up to the door that if he chooses to use his debit or credit card, he's got that convenience fee on top. The reimbursement code that we worked on, the creation of a new code that reimburses developers according to the strategic value of the infrastructure being built and for funds collected within the area being served. It was a big shift in the philosophy there and it was a good change. It provides an incentive to the development community for the installation of public works infrastructure in growth priority areas. This is just a snapshot of the statistics of our building through the end of May. I have shown you there an eight month -- or, excuse me, an eight year graph on the top of our activity. This is activity in dollars. The tables below is our residential permits on the upper left. It shows you our current year compared to last year. And, then, the percent change in permits and value. Below that is our -- is the -- same type of information for our commercial activity. To the right you will see two -- two little tables there, one is our residential 103 month average permit value. The minimum and the maximum permits, the dates and the permit -- the permit values. Same thing for commercial. Next slide is our development -- land development statistics. This is the number of projects that we reviewed through development services over the eight year period. We did this with a pretty lean staff. As you can see on the table below, the second to the last column, the number of analysts and during those heavy times, '04 through '06 or, really, '07, we accomplished those reviews with three -- three development analysts. We are now down to two development analysts and I will get to that here in just little bit. The next slide is a building services survey. This is an annual survey that we conduct on random site visits to solicit customer feedback on how well we are performing our jobs in each of the five contract building disciplines, the structural, electrical, mechanical, fire, and plumbing. These surveys are presented to five separate contractors at five different sites for each of the five disciplines. The respondents are asked a series of five questions with a rating of one to five. They are also welcome to provide any other feedback that they wish. And Brent usually receives quite a bit of other feedback as well. But the exciting thing here is you can see that we have got an upward trend in our levels of customer service. In 2005 our average across the five trades was -- our average score and points was a 3.91 and in 2008 we are sporting a 4.65 average. So, I'm really pleased with these results and we are going to be launching into our 2009 surveys here real shortly. So, going forward, we see -- you know, we have got a 20 percent reduction in our development services staff by vacant -- eliminating a vacant position in our FY -09 budget, we had a staff position, a full-time position in the building services that we eliminated. It was an unfilled position. And we are freezing the position that was vacated in FY -09 for our FY - 10 budget. That position was one of the development analysts that applied for a new position in the engineering division and was accepted for that position. So, we froze his empty -- his spot and we will just keep an eye on development and we will come back before you when we are ready to staff up a little bit more. We are also converting one building permit technician position to part-time status effective end of July of this year. Earnings over the past three years and shortfalls, it's always a challenge as we go Meridian City Council Special Meeting Workshop June 16, 2009 Page 42 of 60 forward, we are going to have to just keep monitoring that. Also capital contribution shortfalls. Development services base budget reduced by 933,126 dollars for fiscal year '10. No budget enhancements were requested in FY -09 or FY -10. I guess the message I'm trying to get through here is we are trying to be responsive to the economic conditions and be responsible with what we are provided. Going forward we want to find ways to incentivize development. Certainly our new reimbursement code helps that. Also our city water -- or sewer waiver and deferral programs. And as I have mentioned twice before, our ongoing negotiations with ACHD for impact fee deferral during the down economy and topic of discussion at the joint meeting on the 29th. External. We see with that down tum in the economy that we are experiencing an up turn in building code violations. I think that people are trying to get by on the cheap and so we have seen -- we are seeing quite a few more violations, which has increased our demand for enforcement actions. And with that I will conclude my presentation and open myself up for any questions you might have and thank you for your continued support. Rountree: Any questions for Bruce? Bird: I have none. Just a nice report. Rountree: Bruce, I have one. You mentioned early on in your presentation that you have required electronic submission of plans. I assume you have standardized the format that those plans will be presented for the convenience of our customers and does that also include residential? Freckleton: Yes. Rountree: Has that presented some conflict with some of the old school folks that still have drafting tables? Like me. Freckleton: The ones that come in on napkins? Rountree: Yeah. Freckleton: You know, we had the discussion early on that it could cause some problems with some and if they come in with hard copies, we have the equipment in the office that we can run them through and scan them, so -- but so far I don't really think that we have had much of push back at all on this program. Rountree: Very good. Thank you. Any other comments, questions? Thank you, Bruce. Good presentation. Freckleton: Thank you. Rountree: Good to hear from you. The next item is Tom's presentation on Public Works, but before we go there we need a -- we need a motion. Yes. Meridian City Council Special Meeting Workshop June 16, 2009 Page 43 of 60 Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we clarify in our resolution the deferral of police and fire impact fees will be done at the point of picking up the building permits. Rountree: And that's within the time window that's stated -- Bird: That's within the time window from June to October. Zaremba: Second. Rountree: Stated in the resolution. Zaremba: Second. Rountree: It's been moved and seconded. Probably need a roll call vote on that. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: And, Tom, before we get to you, budget presentations are July 2nd. Mr. Siddoway has a family conflict that day would like some guidance on when he might present to us. It's been suggested, since we don't have a Council meeting on the 5th Tuesday this month, the 30th, that we could have a meeting for his budget presentation first thing in the morning and let him get about some of the family issues he's dealing with. Bird: Mr. President, that would suit me great. Rountree: Does that work with you, Mr. Zaremba? The 30th of June. Zaremba: The morning of Tuesday? Rountree: Yes. Zaremba: He has also said that he could work around our ACHD meeting, either before or after that, if that's another option to consider. De Weerd: Tuesday, the 30th, you're talking about? Rountree: Yes. Meridian City Council Special Meeting Workshop June 16, 2009 Page 44 of 60 De Weerd: In the morning? Rountree: In the morning. De Weerd: I'm not available. Bird: I thought ACHD was the 29th. Zaremba: Monday, the 29th -- Rountree: Monday, the 29th. Zaremba: -- is the day before and he would available before or after, as would I. Bird: Mr. President? Rountree: Mr. Bird. Bird: I'd prefer to do it on the 30th away from the ACHD, because I think we can just take care of that. Rountree: But the Mayor's not available. Bird: On what, the 30th? Rountree: On the 30th. De Weerd: On the morning of the 30th. I don't know where that date came up, but -- Rountree: It was one of the suggested times. Bird: It was in the packet I got. De Weerd: Well, just got back in town. I guess I assumed someone worked with my office. Bird: You want to change it to the 29th at 8:00 o'clock? De Weerd: I can do that. Bird: Because we -- our 10:00 o'clock is our ACHD. Rountree: That's fine with me. Bird: That's fine with me if you want to do it. Meridian City Council Special Meeting Workshop June 16, 2009 Page 45 of 60 Zaremba: If we are all here together, then, we will car pool and Steve says he can do it. K: Public Works Department Strategic Focus Discussion. Rountree: Okay. Let's schedule it for the 29th at 8:00 o'clock here. If you would take care of that for us, Tara. Thank you. Yeah. Make sure Steve gets the word. Okay, Tom, it's yours. Barry: Thank you, Mr. President, Madam Mayor, Members of the Council. It's my pleasure to present to you tonight the Public Works Department strategic focus discussion. We have a lot of information to cover tonight, so I'll just jump right in. First of all, I'd like to also recognize the staff that are in the audience today from the Public Works Department. Many of them are from our strategic leadership team in Public Works, which was developed three months after I started. I convened a group of about ten of our senior managers to come together and challenged the organization to take on some pretty tall orders as it relates to performance improvement, modification to processes, establishment of policies and consistencies, technological improvements and the like and I'm happy to report that the majority of what you will see this evening is a result of their ability to collaboratively come together and challenged our department and while this is still a work in progress, I do want to share with you some of the things that we have been able to achieve and some of the things we are looking forward to over the next several months and years. First of all, I wanted to go through our mission statement for the Public Works Department. Our mission is to anticipate, plan, and provide exemplary public services and facilities that support the needs of our growing community in both an efficient, customer focused, and financially responsible manner. This is a new mission that has been -- this is also one of the results of the strategic leadership team. Our department overview is as follows: We have about eight divisions now as part of our reorganization. We have 14 sections within those divisions. Are current employee count is 79 FTEs, although we have budgeted 91.5 FTEs. So, we are running about 15 percent vacancy right in the Public Works now. Our infrastructure continues to grow, even in this down economy. Currently we have about 450 miles of water lines and almost 500 miles of sewer lines and, of course, as this infrastructure grows so does the cost for maintenance and a personnel need to maintain this infrastructure. I'll just point out that, you know, just in this last fiscal year we have had 2.8 miles of water line added. That's compared to a four year average monthly -- or, excuse me, yearly average of 31.6 miles, so certainly development's down. And, then, in sewer 3.7 miles from the start of fiscal year 2009 and compared to an average four -- or four year average of 17.1 miles per year over the last four years. I wanted to run through quickly some of our performance -- the performance of the department in certain areas and, then, also our accomplishments quickly. One of the things that you probably know already, but maybe have not seen in a graphical form, is our service demands. Now, this chart here shows the number of -- or the amount of gallons of water that's been distributed through our system as it relates to the economic climate and what you see here -- the two big valleys there, the first one in October or so of 2002 is the dot com bust and, then, of course, I don't have to tell you what we see at the end of the chart there as it relates to our current economic state. But what you do see in the Meridian City Council Special Meeting Workshop June 16, 2009 Page 46 of 60 green trend line is our average gallons of water that's distributed and that's in million gallons. And you can see that demand for services continues right through these economic slumps. We don't see a decrease in average daily or monthly demand through these economic climates. If you look at what's going on in the sewer department or the sewer division, rather, you see the very same thing. The need for services continues despite the economic climate. Probably a good opportunity to talk about as part of our performance departmental efficiencies, because a lot of people are asking what are you guys up to in this economy and we are busy as ever and I also want to showcase how efficient we have become. This graph here documents the number of accounts that we have seen since 2001 and, essentially, account growth since 2001 relative to staff growth during the same period. And what we see is that account growth has been three times faster than staff growth on average over this period. This creates a situation where we are asking our staff to handle more accounts, as well as customers over this time period. If you look on the graph to the lower left it talks about number of accounts per staff member in FY -01. Each staff person in the Public Works Department as handling on average 224 accounts. At the end of fiscal year 2008 they were handling 328 accounts. By the same token, number of customers handled by public staff -- or Public Works staff per capita, 607 in fiscal 2001, 961 in fiscal year -- end of fiscal year of 2008. So, we are -- we are becoming more and more efficient and we tend -- intend to continue this trend into the foreseeable future. One thing you may have heard and seen in Bruce's discussion is this focus now of our department to focus on industry standards, customer service reviews, collection of data to make better decisions in how we move and operate within our department. So, I want to share some industry benchmarks with you really quickly. This first benchmark here, water on the left, wastewater on the right, is our cost of service metric. Now, this metric is based upon the America Public Works Association cost of services for utilities around the country and what you can see here is that Meridian's cost per million gallons of water developed is about 513 dollars. That green area there represents industry best. That's top ten percent in the industry. Of course, the red is worst ten percent and the yellow is everything in between. So, our water costs are considerably lower than industry average. If you look over at wastewater you see that our costs for wastewater service is a little bit higher, but certainly within industry standard. And, of course, these costs are related mostly to the fact that we have a very sophisticated wastewater treatment plant. One of the most sophisticated in the Treasure Valley. And certainly that increases the cost for treatment. But we are a little bit ahead as it relates to the technologies we are using for some of the regulations that are coming down our way. If you look at our year-to-date operating ratio, this is, essentially, a ratio that takes operational expenses and compares it to operational revenues. What you can see is we are in the red here, which is not good. Most of this you're aware of as it relates to the need to move forward adjustments in our rates, which has been done. But our operating ratio -- you generally want that to be, essentially, one or greater than one, which would put you in the green. Certainly we are close in water at .83 and in wastewater at about 8.87. If you look at our revenues versus expenses, you see the story that we have been talking about for some time now and that is that, essentially, our expenses are greater than our revenues currently and this is why we are digging into the enterprise fund ending fund balance. Year to date, revenues versus expenses Meridian City Council Special Meeting Workshop June 16, 2009 Page 47 of 60 for water, we are down about 1.5 million dollars and, then, for wastewater down about 6.2 million dollars. One thing of interest in our benchmarking is this next graph here, these two black dials, if you will. This is called the affordability index and the affordability index is an interesting index, because, essentially, what it does is it's based off of EPA's requirements under the federal government safe drinking water act, which says that any new regulations that are introduced have to be affordable for rural communities and they created this affordability index that said that essentially residents or customers ought to be able to afford 2.5 percent of their median base income -- that, essentially, if services are 2.5 percent or less of median income, annually, then, that is considered affordable. So, there is the scale that's been developed and I've showed that to you here on the graph, that, essentially, anything above 2.5 percent is not affordable as it relates to cost for water or sewer service. Anything between 1.5 and 2.5 is generally affordable. Anything less than 1.5 percent of median income annually is very affordable and what you see here is that our rates currently -- and this is including the April 20th increase, are very affordable. If you project this out to what our rates will be at the end of the three year term, you will still have a number that is less than one percent, meaning that it qualifies as very affordable and I think that's important to know. While it is unfortunate we have to make modifications in rates, if you look nationally and, course with other standards, we are not anywhere near out of whack with what's going on. Down here this scale is troubling and it is one that we have talked about before and that's depreciation. Also known as system reinvestment. Essentially, we are not currently placing enough money into our depreciation fund. We have discussed this and we will be making improvements along the way, but we are putting what we can afford at this point in time. And as we move forward we expect these numbers and this index to get better. Lastly, sort of our fuel gauge, if you will -- if you can see what I'm building here. Our fuel gauge is, essentially, money. Where is the ending fund balance. The beginning of this fiscal year 2009, the end of the last fiscal year 2008, our ending fund balance in the enterprise fund was about 20, 25 million dollars. The end of this 2009 fiscal year it's projected currently to go down to around 9.1 million. As you know, when we presented the rates, we will continue with deficit spending for the next two years or so as the rates catch up with us. And we talked about that in the model where you have several years of deficit spending where we have to, essentially, take from the enterprise fund ending fund balance to cover operational and capital costs until the rates catch up to a point where, then, we can start rebuilding our ending fund balance. This is a financial dashboard, one of the ones we have built recently to sort of showcase what performance is like, at least from a financial perspective in the Public Works Department. We hope in the future to have several more of these types of dashboards, which we can communicate with you to show you what our performance is in an effort to be more businesslike as it relates to our services that we provide to our customers. We have several accomplishments I'd like to go through. I'm going to burn through these really quickly, because the good stuff is after this, although this is great stuff, too. We have been doing a lot of great things that you may or may not know about and what I'd like to do is present to you a hard copy of this presentation, so you spend a little bit of time going through these. But until I do -- until I'm able to get that to you I want to run very very quickly through these things. In business operations we have been able to save more than 400,000 dollars making adjustments in the way that we order Meridian City Council Special Meeting Workshop June 16, 2009 Page 48 of 60 equipment or reuse equipment or, you know, our staffing approach currently. We have also incorporated laserfiche -- or, excuse me, the Iaserfiiche agenda manager program into our operations which helps to streamline the Council process for us, developing financial benchmarks like the ones you have seen and recording criteria to monitor and adjust fiscal policies for performance, that's really something we are moving toward. We also participated in national public works week. You may recall the Mayor read a resolution -- or a proclamation I should say, and we had a big open house event -- it was really kind of a neat event our first time ever doing something like that. And, then, lastly, I'm pleased to report also our participation in the Paint the Town event this last weekend. We had about 50 folks from the Public Works Department, that includes family members -- about 25 employees in total, show up to paint two homes in the City of Meridian. That's actually pretty spectacular considering that only seven homes in this city were participating in the Paint the Town event. So, we are very pleased that we were able to improve the lives of two of those homeowners. I also want to formally recognize Mr. Bird's support and generosity for the Public Works Department. He sponsored us and paid for T-shirts for us. We are grateful -- you can see our staff wearing those T-shirts proudly in the picture there. Thank you, Mr. Bird, we are grateful for your support. I'd like to move on with the construction division. Obviously, we are building lots of projects. You may recall we added a position of construction manager, although we may not have called it that, that's, essentially, the position -- whereby construction management or services was brought in-house and that position has already saved us tens of thousands of dollars and helped implement smoothly several projects, including the Settlers Village Square project, moving forward of Heroes Park phase three and many other projects and processes that are improved as a result of that position. We have also hosted a Somar prevention plan, erosion sediment control training class for local contractors to get them familiar with those requirements. We held that in house here in our training facility. Implemented a wide variety of construction projects inspection requirements to improve our inspection protocols. We have increased efficiencies and reduced construction management costs for Public Works and Parks, as I mentioned. And as soon as fire and police want to give us their capital construction projects we are happy to do that as well. We also bought a variety of GPS units for our inspectors, which has helped vastly improve our collection of data, which we are using to upgrade models right now. That -- that project in and of itself saved us 38,000 dollars over consultant's fees. And, then, of the other projects I mentioned already there. Our engineering division has been up to quite a bit of work as well. You know, that we finished the Five Mile Creek restoration project. We are very proud of that and we hope to have more of types of projects in the future. We also finished the water main connection to south of the Lewis & Clark Middle. School, which helps to vastly improve fire flows, as well as connectivity in that area. Well 28 has been drilled and the casings gone in. We hope to have that online in July and if you haven't been out there, there may be still time to see the picture in sort of the center there with the rig up and putting the casing in and it's really pretty spectacular to see a new drinking water well go in that is a state of the art facility in the way it was drilled and in the way it's going to be cased and sealed. That well will be able to provide 2,500 gallons of water per minute and improves the robustness of our system. We also freed up nearly five million dollars in capital expenses in FY -09, which really saved our Meridian City Council Special Meeting Workshop June 16, 2009 Page 49 of 60 cookies here by using just in time capital financing approach, which we have talked to you about before, but are now -- are now moving forward. And you see more of that as we bring projects to you, you will approve only a portion of the project, but, actually, the full project itself, so we will be asking you in our enhancements in a couple of weeks to improve an entire project, but only the portion of the funding we need for the next year. And we can talk more about that at a later time. And, then, finally, Well 14 rehabilitation that cost us around 275,000 dollars, certainly of significant savings to rehabilitate that well over the cost of putting a new well in on the order of 800,000 or more. As you know, we have been working diligently to capture information and data and use that data to make better decisions in how we work in -- or how we conduct or work in the department. Hansen software, purchasing and integration is going on right now and our GIS staff, as well as IT staff and our analyst out at the wastewater plant have been working very diligently to get this system in place and after it is we expect to be able to track, monitor, maintain our assets and infrastructure better than we ever have been able to before. Wastewater. Certainly we did receive our first municipal class A -- or the first municipal class A reclaimed water permit in Idaho. We are about two months out from receiving the first city wide class A reuse permit. We are very excited about that. We did also present at the re -use conference this year as a regional -- actually, statewide leader on the topic and so we are pretty proud of that as well. Our lift station at North Black Cat is getting ready to be opened -- or come on line I should say in July. A biosolids improvement project, this was the digesters, a 10.3 million dollar project. That's, essentially, substantially complete and the digesters are functioning right now. They have been at gas pressure for about two weeks now, holding steady, which we are -- which we are still monitoring. Our tertiary filter project is getting ready to start up. That's a big project for us. That's one of the bottlenecks in our treatment train at the treatment plant. So, getting these filters, three new cloth media filters, will go a long way to helping us increase hydraulic capacity at the plant. And, then, also we have been looking at operations out there and we have been able to improve or bring about efficiency in authorization improvements that will save us around 127,000 dollars annually just in electric and gas costs and we are still looking for other savings in those areas. We are also trying to automate the plant. We have got a project underway to -- to automate the treatment plant, which would, hopefully, allow us to eliminate graveyard shifts and keep the plant fully automated at night without staff, sending automatic alarms and allowing staff to -- via the website go into our treatment plant and make modifications -- certain modifications to the treatment process or know when they needed to respond to an alarm. And, then, our collection manhole repair project, that's been a big project for us, as we have been able to cut down on I & I costs, that is inflow and infiltration costs, and increase our capacity at the treatment plant as a result to the tune of 115,000 gallons per day. That's big news. And, again, shows the most promise in gaining capacity at the treatment plant by filling up these leaking lines or manholes. The water division has also been up to a lot of good. They have implemented the use of air cards, which allows their staff in the field to access data anywhere in the city that's not blacked out by certain radio frequency things or stuff like that that I don't know much about. MXU installation. This is the radio read technology. We have been able to eliminate one staff position through attrition, because we didn't need to rehire that position, since we are able to read more meters through this technology. We have Meridian City Council Special Meeting Workshop June 16, 2009 Page 50 of 60 added more flush lines, which increases our water quality. We have been benchmarking our data with Hansen software. Also, we have helped improve the fire department's rating -- insurance rating because of the robustness of our system and we are pleased to partner with the fire department on that. We have participated in a public works week, as you know, and did many different activities during that week. And, then, we have been recognized both internally and externally by customers and staff as it relates to our customer service. The last thing here -- and I want to -- I want Bruce, if you don't mind, to hand this out. We have enhanced and expanded our customer costs in this report, also known as the CCR's is our annual water quality report that's required under law. You will have two copies there. The blue copy is last year's version and the smaller copy on top is this year's version. And, hopefully, what you will notice is a remarkable difference at a lower cost. We are working very -- we are working diligently to improve the way we get information out to the community and improve their understanding of the types of services we provide, so that they can support the types of things we do in this community. That is one example that we have been able to now put an eight page spread in color together and give to over 25,000 customers. That isn't enough copies, so it hasn't gone out yet, but they are being printed currently, so I thought you would be interested in that. So, now we can talk about sort of the fun stuff; right? Our strategy. What we are planning and where we are going, with your permission, of course. This is our strategic planning process. It may look complex and it kind of is, but I love stuff like this. We are engineers. Essentially what you see here is a process that we are following and currently in the process you know that we have -- through the development of our strategic leadership team, revised our department's mission and vision statements and I shared the mission with you. I'll share the vision statement with you in just a moment. We have also incorporated the city's mission and vision into our department's mission and vision. Also the budget initiative and the Council policies have gone into that, to make sure that we are completely in alignment. We don't want to be working on things you don't want us to be working on or are outside of the direction you have given our department directors. We have -- we, then, move forward with a resource allocation study and recommendations. With your approval we moved forward in adjusting our resource utilization. We had our departmental reorganization, which is, essentially, what resulted from that. We put the right people in the right place in the organization to insure that we were going to be efficient and effective in our work. Currently we are at the point where we are developing strategic initiatives and that's what I want to share with you tonight. Those strategic initiatives, once approved, will become our department strategic plan and that plan will guide all of the work in our department for the next five years. That is our period of time frame that we are working on. That strategic plan will, then, be broken apart and disseminated to staff into annual work program plans. And that will ensure that staff are working toward and understand the goals and strategies of this department, which are founded in the Council's directives and focus areas. After that annual work program plans are developed, staff will receive feedback annually, of course, through the performance process and we will also monitor the performance of our department through either swat analyses or audits or benchmarks or internal reviews or anything else that will be an input to our overall performance assessment. We will take the information for that performance assessment and we will modify what we do. It may be changing a vision Meridian City Council Special Meeting Workshop June 16, 2009 Page 51 of 60 statement, because we have achieved the vision early, it may be deleting or adding a new vision statement at Council's -- under Council's direction or advisement. But, in any event, we will have performance reports and give this information which will, then, allow us to go through and an adaptive management process to make adjustments to insure that the golden objectives we set for ourself are going to be attainable in the time frames that we have allocated for ourself. Our management approach, kind of in the center there, essentially, what we are doing is we are incorporating data driven decision making, statistical process control, continuous process improvement and adaptive management in our overall strategy. That will allow us to insure that as we move forward managers will be able to maintain the flexibility in their decisions by monitoring and adjusting as needed. This will help us to improve our understanding of systems and processes to achieve management objectives and outcomes and insure that the right action is taken to improve progress toward our desired outcomes as a department. You have seen this before. This is your strategic focus areas and we are going to -- also I'm just throwing this up here to show you that this, again, is the Council's focused areas. What we did is we numbered and lettered your focused areas and what you will see in the following slide is a direct correlation between our vision statement and your focus areas or initiatives for the city. So, when you have this -- this presentation you will be able to go back and forth and cross-reference, each of these. We have several vision statements and these vision statements are -- or the reason we have several is largely because we have one of the most diverse departments in the city. We cover a lot of things. We do a lot of stuff, from GIS implementation and integration to cleaning sewer lines to engineering water towers -- I mean you name it in the Public Works arena we are doing it, except for streets. Essentially, we will go through the Public Works vision statements here. Our vision is by -- we want to attain the following things by the year 2030. First of all, we want to be fully accredited as a department and we want to get strategically positioned so that we have modem and reliable facilities that -- and that we also emphasize financial stewardship and environmental sustainability and that we are acceptable and responsive to our customers needs always. We like to think that we are not going to wait until 2030 to get this one done. We are working on this today and we feel in many ways we are already there, but that will be something by the year 2030 we hope to be doing even better than we are today. This at the bottom there says it meets all Council focused areas. Another vision regarding our staff is that we want to make sure our staff are technically proficient and that our information is centralized, our processes are streamlined and automated and that we leverage cutting edge technology, provide expedient single contact customer service. So, that's also very important. By 2030 we'd also like to employ aggressive conservation strategies and we are working, as you know -- some of these might sound like things we are doing already and that's correct, we aren't waiting to 2030, we are moving forward as quickly as reasonably possible within our means and, hopefully, we will attain all of this before 2030. But, nevertheless, in employing our conservation -- our aggressive Conservation strategies, we'd like to reduce demand on our resources and promote sustainability by using efficient and alternative energy sources. Also carbon neutral operations and a zero emissions fleet and we also see ourselves managing a water district to recycle and redistribute reclaimed wastewater. Focus areas, again, are -- being met are down there in the lower right if you want to refer back to those. For water, our water area we'd like Meridian City Council Special Meeting Workshop June 16, 2009 Page 52 of 60 to say by 2030 we are producing our own chlorine free drinking water from a variety of sources. We don't have a single source any longer. That is distributed through an efficient and regionally interconnected delivery system. For flood plain and surface water systems, we'd like to see ourselves being -- having a comprehensive surface water program and that we are class four members of the National Flood insurance program community rating system, which enables us to conserve and protect our natural resources, as well as our property. We see ourselves maintaining 24 miles of rehabilitative riparian and wetland corridors that enhance our natural environment, improve stormwater quality, help to control flooding and serve as pathways for people and habitat for wildlife. In wastewater our vision is by 2030 that our plant will be self- sustaining, utilizing close loop systems to recycle and redistribute 80 percent of the waste stream. And this is important. We hope to do this by using liquid stream reclaimed water approaches and energy cogeneration, as well as other opportunities, as well as on our biosolids or solid streams nutrient recycling. In building services, development services, we like to say that at least 50 percent of our buildings by 2030 are built green and LEED certified and that 50 percent of new land development projects utilize low impact development standards. That means that we are going to have our work cut out for us in helping to move the community in that direction, but we have incentives and ideas for how we can do that in codes, so -- and certainly this building is a testament of the Council's dedication and commitment to those kinds of initiatives. Also as it relates to transportation, we say that by 2030 Meridian residents travel between home and work, school, shopping, recreation, and other destinations utilizing their choice of several modes of surface transportation safely and without excessive delay. We'd like to the determine the look, fit, and feel of our streets and pathways and we think that we'd also be guiding funding methods and programming of transportation capital improvement projects. We determine road maintenance and construction standards and schedule work in conjunction with other city activities to insure minimal inconvenience to residence. Those are tall orders. But I'd also like to say that all of that can be done with ACHD. We just have to get to the work that needs to be done to improve communication coordination between the two agencies. Also, by 2030 we think it's important that our customers understand and hopefully before 2030, that our customers understand the functions of the Public Works Department, that they value our sustainable approach to managing our community's resources and waste products and openly support the programs, projects, and services we provide, because we know that fundamentally if the public doesn't support what we do, we won't be able to do what we do effectively. So, this is how we think it will happen. And, again, this is a work in progress for us. We are integrating under the strategically issued plan in Public Works a variety of different divisional sort of approaches here that allow us to work as one department, but cross the -- cross -divisionally within our group. In economic excellence what we would like to say -- and some of our things to promote economic excellence includes that we would annually evaluate the enterprise fund. This is important. You know that we have already committed to doing this and it's important to make sure that we have projections that allow us to make better decisions today about what's going to happen in our future. We'd like, as far as economic excellence goes, to continually evaluate and anticipate departmental needs and challenges by forecasting these needs and challenges we prepare ourselves for what Meridian City Council Special Meeting Workshop June 16, 2009 Page 53 of 60 may lie ahead. So, we don't want to look annually at what's going on any longer, we want to move further out. We also would like to utilize facility optimization and service forecasting to evaluate functional limitations, redundancy, and execute capacity and volumetric analyses with water and wastewater facilities. This allows us to do a variety of forecasts that would help us improve services and reduce costs on our infrastructure and certainly to our citizens. And maintain appropriate infrastructure plans. We know that those plans have gone a long way to guide development. We'd like to make sure that we can continue to provide detail, which helps to clarify development and expectation and lay infrastructure in a timely and sequential manner that benefits our developing community. That also plays into our strategic growth initiative to evaluate community master planning incentive opportunities, to insure that we appropriately incentivize and locate growth to the highest degree possible that makes sense for this community. We'd also like to develop preventative maintenance and replacement programs for our water and wastewater infrastructure. This will allow us to enhance current programs, such as valve exercising, hydric maintenance, meter testing, sewer pipeline cleaning and distribution, system maintenance -- and this will, obviously, increase the lifespan of our utility assets and certainly, hopefully, lower replacement and repair costs in the future. We'd also like to investigate alternative methods for wastewater treatment to reduce nitrogen and phosphorous loading. This is one big vulnerability that's coming our way. We are already working on this, but, again, that is something that will continue to challenge us for quite awhile into the future. Also, we are -- we would like to make sure that we have a comprehensive biosolids program that allows us to reuse the waste stream instead of wasting it, which we hope will also lessen the cost for disposal of that valuable resource. And, then, we are, as you know, updating our five year capital improvement plans to insure that those plans coincide with our master plan and that they are in relationship to the services that we need to provide as it relates to continued development. As I mentioned already, we want to improve Public Works departmental visibility within our community. We are doing that in several different ways and have many initiatives associated with that objective. Regarding services meeting demand, we are focusing on long range solutions. We are not -- we are trying to get away from quick fixes or short-term reactionary result. We are really looking -- trying to look further out and plan accordingly. We also, as I mentioned before, want to develop transportation improvement plans that reflect what this community needs and wants as it relates to mobility, operational efficiencies, capacities, and those kinds of things and we can certainly do that with ACHD's help, but that coordination has been lacking for a long time and we feel that we have opportunities to improve there. Regional planning is, obviously, very very important. Water is critical to insuring along term viability and quality of life of our residents, so insuring that we have as much information about the subsurface as is possible, that we shore up our water rights and that we move forward to the preservation of adequate supplies of water into the foreseeable future are all priorities for us. E-commerce technology has already been, essentially, covered by Bruce, so I won't go into that, but we are also looking at ways that we can reach out to the citizens and our customers and provide them better ways, more efficient ways, of doing their business with the city. Finally, identifying and establishing and maintaining standards and practices for the maintenance of city buildings is important. We like to lessen our maintenance costs, obviously, and insure Meridian City Council Special Meeting Workshop June 16, 2009 Page 54 of 60 the long-term viability of our buildings by improving these standards and practices on a long range basis. Regarding organizational excellence, certainly we are focusing on performance measurement, monitoring, and reporting practices throughout our department, because the more we know the better decisions we will be able to make. We also want to establish customer service standards throughout our department. We are elevating those standards daily and our police report similarly as to what Bruce has seen in his customer satisfaction surveys over the last four years, that there are improvements being made in our department we are very proud of. We want to begin the process becoming a fully accredited department recognized by the American Public Works Association. This is a tall order, it's about a three year program to become accredited. There will be some costs associated with this as well, but there are only about 50 to 60 agencies nationally that are accredited.. Just as a side note, the city of Lewiston is already 12 to 18 months in the process and is moving forward to become the first accredited organization in the state of Idaho. De Weerd: And you are going to beat that. Barry: Well, don't want to go on the record saying that, though. With your approval we'd certainly like to give it a try. Departmental processes and technology assessments are important to us again. The more we look for things the more we find, the more opportunity there are for improvements. Creating citywide unified mapping systems for all user data is also critical to efficient and effective customer service, whether those customers be internal within the city, planning versus police versus fire, or externally to our customers and in Public Works we like to focus on developing succession plans and individual training plans for all positions within Public Works Department. This is important for us. We want to invest in one of our most valuable assets in our department and that is our people. So, our managers have recognized this need and will be moving forward in that direction over the next little while. And, then, finally, we'd like to work with HR additionally to implement employee incentive programs department -wide that are just and equitable and fair and have the purpose that's intended behind them, again, because we want to not only attract, but we want to recognize and retain, again, the most valuable assets we have in our department and that's our employees. Regarding stewardship of the public trust, we'd like to establish a citywide reclaimed water program. That's no mystery. We are really excited about that and, hopefully, we will be able to make significant progress on that front here in the next couple months with the -- with the acquisition of our permit and, then, we have to build some infrastructure, which is going to be pretty costly, but will have great benefits. We also want to preserve, protect, and enhance the city's natural resources and we know that open space is a natural resource adds to community character and quality of life and we'd like to contribute to both of those improvements in the city. Also, we recognize that to meet our NPD at phase two -- NPD, that's, again, National Pollution Discharge elimination system programs under the federal Clean Water Act, we have to have in place polices, procedures, and plans for attainment for surface water quality standards. We are still wrestling on how to do this. Right now we are working on how we could establish a surface water utility -- separate utility and a program and finance that program from rates, but do it in a way that doesn't impact our rate payers. So, we are Meridian City Council Special Meeting Workshop June 16, 2009 Page 55 of 60 still toying with this idea and how to make this happen. Nevertheless, the obligations don't go away. We are making progress on that. We'd also like to promote sustainable growth practices and ideals as kind of mentioned earlier and prudently manage our department resources. That's critical. It's in our mission statement and we will do that and continue to do that daily into the foreseeable future. We also have challenges, but we like to see those challenges as new opportunities. Certainly for the next couple of years our biggest -- probably one of our biggest challenges are those of the financial and this includes rates which we have a program already in place, we went through a lot of work, and appreciate your support and understanding with regard to the rates. Budget constraints are certainly things we are aware of and we think you will be pleased with our budget as we present that in the next couple of weeks. But creating future budgets is also going to be an important activity for us, because we want to make sure that we spend within our means. And, then, certainly depreciation's an area that I have mentioned earlier, that we have a lot of work to do and even with the rate increases we have -- we have passed and propose, the depreciation is still not adequately financed. Permit limits continue to plague us. We -- the current limit -- we have a flow limit, unlike a lot of the jurisdictions in this valley, our flows are limited and they are pre -- well, they are, essentially, 1999 flows that we are having to operate under. So, this continues to be a challenge for us, which is why reclaimed water makes so much sense for us and why I&I, inflow and infiltration, is a critical component to increasing capacity at the treatment plant, particularly during the summer months. So, permit limits for like phosphorus and nitrogen are also big deals for us and they will cost us a lot of money and that money has not been factored into rates at all. So, we know that that's going to be a new challenge that we are going to have to face soon. Technological advancements. While this is daunting for many of our staff, we believe strongly that once we become familiar and utilize the data and the software programs that collect and report that data, we will be able to make substantial improvements in the way we operate and maintain our infrastructure. Unfilled staff positions. Certainly a little bit of a concern. We are 15 percent down in staffing. We are looking at -- the Mayor and I are looking at key positions that we need to fulfill immediately and, then, those positions which we might be able to continue to stave off until things look a little bit better and the need is there for some of those positions. Other challenges or opportunities are enhancing our CIP program and creating a more robust project management database, so we can be more accountable as it relates to our scopes, projects, and budgets in our capital side of operation. And, then, a streamlined approach to minor improvement projects. Again, Bruce spoke to that. As well as directed development that is more beneficial to the city's growth priority plans and we have touched on that as well. I know that's a lot of information. That's all I have for you this evening. If you'd like more I can come back another time. But, really, we do appreciate -- we have a big department and we do a lot of things and we know it takes a lot of time to get through this information and we appreciate your patience and continued support, but there so much going on that we feel compelled to share it with you. We don't -- we don't want to miss anything and I know that I have missed a lot, but, nevertheless, we do our best to get that information to you. So, thank you for your time. I'll take any questions or comments you might have. Meridian City Council Special Meeting Workshop June 16, 2009 Page 56 of 60 Bird: Mr. President? Rountree: Mr. Bird. Bird: I just got three comments that -- first of all, I want to thank all of your employees within the department that did the Paint the Town, for being a citizen of Meridian. It makes me proud to -- not only the Paint the Town concept, but also to see our department out there and the number of people that participated. Tom, I hope you will pass it on to all the employees that did that. And I think I can speak for all the Council and the Mayor, too, we are very proud of them for doing that -- stepping forward and doing it. Second, this was a great presentation. I will be glad to get the hard copy so I can study it. You don't talk quite as fast as Matt, but you still talk -- it gets going. And, thirdly, there was a lot of times in the past that Public Works has come forward wanting to -- put new electronics and labor saving things in that I thought maybe wasn't right, because I don't -- I'm a very electronic dumb person, but I'm sure glad we have when I look at the chart that you showed that we can -- we are taking care of -- one employee's taking care of six hundred and some -- was taking care of six hundred and some, how he's taking care of 900 and some. I'm glad we invested in those and I hope we continue to invest in labor saving -- not that I want to eliminate labor, but automation definitely does help. At any rate, thanks, Tom, for your -- to your department and everything for the presentation. It's first class as usual. Thank you. Barry: Thank you, sir. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: And I would like to add my thanks. Not only is there a lot of material, but it's interesting and you make it interesting as you present it, but I want to thank you and all of the management group that you put together and all of your department employees who are doing an excellent job for us and making it understandable. This is -- this is really great. One other thing that I really appreciate is looking forward and starting -- and planning for what the future infrastructure needs to be and I very much appreciate that you were including in that Meridian's transportation needs. I understand that other agencies are the ones that are officially responsible for them, but I have long been an advocate that Meridian should at least understand what we are going to need, because the other agencies have either a whole county or a whole state to look at and we are just one of the many of their constituents and I feel it's important for Meridian to know what our needs are and to work together with the other agencies. You mentioned COMPASS, ITD, and ACHD. I would add to that Valley Regional Transit, because that's a factor in our transportation as well. But I appreciate that you're suggesting that we have input in that subject and do our long range planning and I think that's really wonderful. I had a question about the annual system reinvestment or I think you also said that was depreciation. You mentioned that we currently have 400 plus miles of water pipe and almost 500 miles I think it was of sewer pipe. I'm guessing because of Meridian City Council Special Meeting Workshop June 16, 2009 Page 57 of 60 our growth there is a good percentage of that that's fairly recent, but off the top of your head how much of that infrastructure is more than 20 years old or more than 50 years old? And what -- we have been getting by so far, but are we going to have some surprises pretty soon? Barry: Thank you, Mr. Zaremba, for your comments. Regarding your question, I think we are fortunate that most of our infrastructure is less than 20 years old. If you look at the population specifics for the City of Meridian, our population in 1990, as I understand it, was around 11,000 folks. It, essentially, tripled between 1990 and 2000, so that by 2000 our population was around 33, 34 or 35 thousand folks and, then, doubled again between 2000 and 2008, as I understand it. So, that our population currently today is in the order of 72 to 75 thousand. So, based solely on that information alone and not having access to the information yet on infrastructure condition and age and those kinds of things, it is reasonable to do that. The majority of our infrastructure that serves our community is less than 20 years old and that a substantial amount of that is even less than ten years. So, it is beneficial. We are lucky that even though we are inadequately financing depreciation, we do have, hopefully, some time to catch up and that's great news. The bad news is is that the appreciation life span of certain types of infrastructure varies all over town. As as example, we have rehabilitated wells that were supposed to last on the books anywhere from 50 to 100 years in less than 20 and that's because of steel casings that are prone to corrosive water, as an example, as we since adapted and been replacing those with PVC casing that will not deteriorate as quickly. So, that's a good example of how we have adapted in our approach in modifying systems and capital assets to try to extend the life of those. But, again, we do think that we are in a good spot, even though at the moment we are temporarily underfunding system reinvestment that we can, in the next five years or so, get that number to something more closer to what it should be. Zaremba: Thank you. Rountree: Comment? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I think Tom's heard enough accolades and I'm not going to ruin that. Barry: I'll take more. De Weerd: I would like to congratulate the team. You know, there has been a lot of change over the last year and I think much of it has been positive and transparancy of the long-term planning is something that we have never -- we have had little of and so this is very refreshing. I've appreciated working along side of you and your team and it's truly exciting being able to speak on the advancements and forward thinking of this department and so I just want to congratulate all of you. You've really -- when I was at Meridian City Council Special Meeting Workshop June 16, 2009 Page 58 of 60 the reuse conference -- I'm giving Tom a hard time. But there was a lot of admiration to what you all are doing and we are very proud of that. Rountree: Tom -- it's my turn, I guess. I really appreciate the level of sophistication that you and your strategic planning team have brought to the strategic planning process and actually gotten away from just the buzz words and, actually, put something together that has matrix, has specificity. And I think it's really and truly the only way you can plan and make it work, get away from the loftiness and get down to the nuts and bolts of what -- what you need to do. But you've taken it to the next level, I think, within the city and I appreciate that and I think we all can learn from that. My only caution -- and I have seen it happen with the enthusiasm that it generates, is that you are and will become data rich, but don't get information poor. Barry: Thank you, sir. We will keep that in mind as we move forward. Rountree: Great report. Appreciate it. Barry: Thank you. De Weerd: And I'm sure we need that on a thumb drive, because it can't be e-mailed. Barry: I know. It's about 37 megs, I believe. Bird: We can have hard copies, can't we, Tom? Barry: Yes, sir. We can print hard copies. Rountree: That would be good, I think. Bird: For me. Barry: Great. We will have those in your boxes before the end of the week. Rountree: Very good. Barry: Thank you, sir. Item 6: CITY ORDINANCE/POLICY REVIEW: A: Ordinance No. : AZ 08-016 Southridge 31 by James L. Jewett. Rountree: Look for that as well. Next item. Item 6. Ordinance. Proposed ordinance. Would you read that by title only, Tara. Green: Thank you, Mr. President, Members of the Council. Ordinance No. 09-1419. Meridian City Council Special Meeting Workshop June 16, 2009 Page 59 of 60 An Ordinance AZ 08-016, Southridge 31, for annexation of a tract of land situated in the southwest one quarter of the southwest one quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said land from RUT, Ada County, to ME, Mixed Employment 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. Rountree: Thank you. You have heard the ordinance read by title only. Anyone wish to hear the entire ordinance? Thank you very much. Seeing none, I need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve ordinance number 09-1419 with suspension of rules. Zaremba: Second. Rountree: It's been moved and seconded to approve ordinance in Item 6-A. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: EXECUTIVE SESSION: A: Executive Session per Idaho State Code 67-2345(1)(c)(f) & 0). Rountree: And the last item an Executive Session. I need a motion to go into Executive Session. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c), (1)(f), and (1)(j). Zaremba: Second. Meridian City Council Special Meeting Workshop June 16, 2009 Page 60 of 60 Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: We are in Executive Session. EXECUTIVE SESSION: Bird: -- Mr. President. Zaremba: Second. Rountree: Moved and seconded to come out of Executive Session. All in favor? Aye. Opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Need a motion to adjourn. Bird: So moved. Zaremba: Second. Rountree: Moved and seconded to adjourn. All in favor. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: We are adjourned. Thank you all. MEETING ADJOURNED AT 10:27 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) TAMMY E EERD, MAYOR ATTEST: JAYCEE ri r7 aoo� DATE APPROVI�Q%%%l11It����,,,�� of OILMAN, CITYPL T �o MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. 3-A REQUEST Development Agreement: AZ 08-016 Southridge 31, James Jewett AGENCY CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES COMPANY: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 38 BOISE IDAHO 06122109 01:06 PM DEPUTY Vicki Allen RECORDED -REQUEST OF III Ililllllllllllllllllllll I II II II Meridian City 109073127 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. James L. Jewett & Cari Jewett, JLJ Enterprises, Inc., Eck Family Limited Partnership, and Meridian Mile, LLC, Owners 3. James L. Jewett, Developer ,S DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of ,T- Lk rNf, , 2009, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and James L. Jewett & Can Jewett, 1560 Carol Street, Meridian, ID 83642; JLJ Enterprises, Inc., 1560 Carol Street, Meridian, ID 83642; Eck Family Limited Partnership, 6152 W. Half Moon Lane, Eagle, ID 83616; Meridian Mile, LLC, 167 Cherry Street, Ste 288, Milford, CT 06460, hereinafter called OWNERS and JLJ Enterprises, Inc, 1560 Carol Street, Meridian, ID 83642, hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-5B-3, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Developer has submitted an application for re -zoning of the Property described in Exhibit A, and has requested a designation of M -E (Mixed Employment District) (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owners and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 1 OF 13 subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 29`h day of April, 2009, has approved Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owners and Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER and DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owners and Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 2 OF 13 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERS: means and refers James L. Jewett & Cari Jewett, 1560 Carol Street, Meridian, ID 83642; JLJ Enterprises, Inc., 1560 Carol Street, Meridian, ID 83642; Eck Family Limited Partnership, 6152 W. Half Moon Lane, Eagle, ID 83616; and Meridian Mile, LLC, 167 Cherry Street, Ste 288, Milford, CT 06460, the parties that own said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to JLJ Enterprises, Inc., 1560 Carol Street, Meridian, ID 83642, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re -zoned M -E (Mixed Employment District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners and Developer shall develop the Property in accordance with the following special conditions: 1. Future development of this site shall comply with all UDC standards, including DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 3 OF 13 current design standards in effect at the time of development, and the standards of the Ten Mile Specific Area Plan. 2. 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. 3. Extend Tasa Drive as a stub street to the east property boundary for future interconnectivity upon development of the property to the east. 4. 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. 5. A Certificate of Zoning Compliance application is required to be submitted for all new structures/uses on this site. 6. The operation of 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 projects. 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. 7. The contractor shall provide flaggers at the Ten Mile/Overland intersection from 6:30 am to 9:00 am and 3:30 pm to 7:00 pm through the completion of the operation of the batch plant for the current interstate widening project to ensure smooth traffic flow for both residential and construction equipment. 8. The contractor shall regularly water the site with a water truck to alleviate dust issues created from construction activities on the site; 9. All future accessory uses on this site are subject to review and approval by the Planning Director; 10. All future accessory uses on this site associated with the expansion of the Ten Mile interchange shall comply with all DEQ, Idaho Department of Lands, Idaho DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 4 OF 13 Transportation Department, Federal Highway Administration environmental regulations, and EPA air quality and water quality provisions and requirements. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owners and/or Developer or Owners' and/or Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owners and/or Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owners and/or Developer and if the Owners and/or Developer fails to cure such failure within six (6) months of such notice. 8. DEFAULT: 8.1 In the event Owners and/or Developer, or Owners' and/or Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 8.2 A waiver by City of any default by Owners and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owners' and/or Developer's cost, and submit proof of such recording to Owners and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 5 OF 13 Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owners and/or Developer, or by any successor or successors in title or by the assigns of the parries hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owners and/or Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either Owners and/or Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owners and/or Developer agrees to provide, if required by the City. 13. CERTIFICATE OF OCCUPANCY: The Owners and/or Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owners and/or Developer has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 6 OF 13 14. ABIDE BY ALL CITY ORDINANCES: That Owners and Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 15. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNERS: James L. Jewett & Cari Jewett 1560 Carol Street Meridian, ID 83642 JLJ Enterprises, Inc. 1560 Carol Street Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: JLJ Enterprises, Inc 1560 Carol Street Meridian, ID 83642 Eck Family Limited Partnership 6152 W. Half Moon Lane Eagle, ID 83616 Meridian Mile, LLC 167 Cherry Street, Ste 288 Milford, CT 06460 15.1 A 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. M. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 7 OF 13 17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owners and/or Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owners and/or Developer have fully performed its obligations under this Agreement. 19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owners and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 8 OF 13 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPMENT AGREEMENT - OWNERS: JLJ ENTERPRISES. INC. FAMH,Y LIMITED PARTNERSHIP By: r►i Lit CC MERIDIAN MILE, LLC ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: JJ J ENTERPRISES, INC. ECK FAMU Y i uAr ED PARTNERSHIP DEVELOPER: JIJ ENTERPRISES, INC. DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 9 OF 13 CITY OF MERIDIAN By: Mayor Taml6U Weerd ATTEST: f oRP N., ,q O G vow Jaycee L. Holman, City Clerk AL o � DEVELOPMENT AGREEMENT — SOUTHRIDGE 31 (AZ 08-016) PAGE 10 OF 13 STATE OF IDAHO, ss County of Ada, On this day day of Sw.e , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES L. JEWETT, known or identified to me to be the person who signed the above agreement and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •°Vol - O (SEAL) •'> sr ��� V �� • '� N Z; o S STATE OF IDAHO, ) ): ss County of Ada, ) Notary Public for Idaho Residing at: Nam a; D My Commission Expires: 1-2 cv- 0,0-13 On this day of _ .l Ati, , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared CAM JEWETT, known or identified to me to be the person who signed the above agreement and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. " 1 -1 * A�= (SEAL) �� 9 •••,yVw' �►Z%�X'�'' = Notary Public for Idaho Residing at:Nam a,?Z D $ Pus 41 My Commission Expires: 1- 2 9 — 2a i2. DEVELOPMENT AGREEMENT - SOUTHRIDGE 31 (AZ 08-016) PAGE 11 OF 13 STATE OF IDAHO, ) ): ss County of Ada, ) On this Yt day of '�L%11C_ _ 200Q hi4hra ma tha undersigned, a Notary Public in and for said State, personally appeared III -lea L Zew.+ known or identified to me to be the QrasJu t of JLJ ENTERPRISES, INC., and acknowledged tome that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. E (SEAL) a OOTA*p _ .0 ILC • •��''� T� OF 19Peeee STATE OF IDAHO, ) ): ss County of Ada, ) — &L' Notary Public for IdT0_ Residing at:!;�My Commiss: I - 2 g - 201 On this S+l` day of �t,ng- , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared m W _Q k , known or identified to me to be the 3r%..s+ee_ of ECK FAMILY LIMITED PARTNERSHIP and acknowledged to me that he executed the same on behalf of said partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ........... •.••••V0 ROGI''•., (SEAL) •.•°°C��'� •••e••y . • -#pTA J*t $� PUHL�G - k Notary Public for Idaho Residing at: 4-29 My Commission Expires: - 2 4 - 2a t3 DEVELOPMENT AGREEMENT — SOUTHRIDGE 31 (AZ 08-016) PAGE 12 OF 13 STATE OF IDAHO, ) BlajY4 ): ss County of Adet; ) On this Uad day of l 1 km . , 2009, before me, the undersigned, a Notary Public in and for Said State, personally appeared �.rdL W t} &r , known or identified to me to be the �&1.1 , of MERIDIAN MILE, LLC, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO ) &ktR "�tu� Notary Public fo Idaho �� Residing at: / ilJ My Commission Expires:0 /p ss County of Ada > ' 0LY Gree On this /%'y day of�y — , 200, before me, a Notary Public, personally a y de eerd and Jayee&L41e , know or identified to me to be the Mayor and lerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL)•' �•Yi,®''�. N3►�; A08L I C Of 4��l Notary Public for Idao Residing at: '"- 7�—.f, Commission expires: DEVELOPMENT AGREEMENT — SOUTBMGE 31 (AZ 08-016) PAGE 13 OF 13 A . 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T IeaYing.tfetdeaetatTy!ltpe""011dwWO008isuftdyJIM-of sdd 0� Qdffhe Sam. jlaa'.t�ttera�l fire a Of�id W'No* WI S-271 West a•dh►Itmw oh.328.21 ft io the 'U above-dss RW treat of lead X 136.27 ureas, more or lees, subject to sny Wsft mumpam or rights-of-way. Ait dmd Meana 14 &M"W sad by thte re MM Is Medea pmt hamP. PNPMDd Br THE LAN]? ORQUP, INC. 942 S. SHOlt8 DJUVIj, p1M 100 a� BAOL8.1DAHO 83616 208-831041 208-939.9445 (VAX) CITY OF MERIDIAN ERLIDIAN FINDINGS OF FACE, CONCLUSIONS OF LAW AND IDAHO DECISION &ORDER 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 -I- 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- By action of the City Council at its regular meeting held on the ��(� r- dda of 2009. - y COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIEBREAKER) Of a Attest: BEAL LSr18Z•� �O City Clerk VOTED_�- VOTED___jj�-- VOTED__ Y.p— VOTED_ �-' VOTED de Weerd Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. BDated: 4 - City -City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-016 -3- STAFF REPORT Hearing Date: April 7, 2009 TO: Mayor &City Council E IDIAN- 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 m Ada County to the M -E, (Mixed Employment) zoning district in the City. IL SUMMARY RECOMI MMATION 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. reguest. a.. Summary of Commission Public Re—adnw L In favor: Van Ela (avvlicant's revresenative) ii. In oviposition: Georgia Chavin., Jovice Baker: Steve Prisbus• Leo Puna: Jana Paga• Tom Christensen: Earl Marks: Curtis Elton; Susan Stone iii. Commenting: Jesse Rosin (Knife River) iv. Written testimony: Joyce Baker: Melvin Baker: a letter & Petition sinned by a total of 45 neighbors: response to the staff revort from the avvlicant v. Staff vresendna awlication: Sonya Watters vi. Other staff commenting on avvlication: 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 I414 on the site: hours of operation of the batch plant: term of overation• method of dust control: and traffic control at the Ten N le/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 overate on the site jf it is annexed. c. Key Commission Cham ¢e(s) to Staff Recommendation: L Add a DA Provision for the contractor to Provide flaaaers at the Ten YMe/Overland intersection during Peak hours to ensure smooth traffic flow for both residential and construction eauivment (see DA Provision #g)• it Add a DA vrovision for the contractor to alleviate dust issues from the construction activities on the site by watering the area. (see DA Provision #h)• iii. 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 Intachange, Southridge 31 AZ -08-016 PAGE 1 d. Outstandine Issue(s) for City Council: 1. Determine what the `beak hours" are that the contractor is required to provide flamers at the Ten AMe/Overland intersection. .Y!. 1 1 `- 1 1 � _r. L. % .I*. & 1 LJ. _ -I •.% •_I 1 �jl_ 1 C_y • 1 1 �._. _ • )J.Tr, WX_r_.kWj_.I 1 ' ,TU1 ! !_l .- =- M r_ I M11 .177 I 1 _ 1 1 WETMI 'i 71717 I I V._ I ! • _ �_ 1 I- 1 I f ; I 1 tl I �_ ��I -..1 �I I : y_>�1 ylJ_ 1 I , yl /lM • :�1 1 TA -y.l 1 U I Oki: I � �/_ I 1 r ! I 17M' l I' 1 1 U I 1 I 177111744! I ! 1) — 1 s1 1 w.• y. .IJ_ r 1 1 1 I 11 1 I I' I 7T7 I f 1 _1 I I f , 1 J I 141-1 (! )�! 4 - I I I yl 1 Il 1 1 �y 1 =71 lM! 1 1/ y I A! I • , 1 '� f ' ' 1 w I11 ! 1, K I L! I r l r•; III. 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.) Souftdge 31 AZ -08-016 PAGE 2 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; S1214336350; 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 El& 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 TN -R 4. West: Residential properties in Cheviot Hills Estates Subdivision, zoned RI (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: Canals/Ditches Irrigation: There is a canallditch on this site that runs cast/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 14 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 lfigh%W District (ACBD). 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 toi-om this site to/from Ten Mile Road via W. Tasa Drive, a proposed public street and tofrom the newly aligned Overland Road via Market Square Way, a proposed public street. No other access points are proposed or approved to/from 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, f -m"ge 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 VIII. UNIFIED DEVELOPMENT CODE A. Schedule of Use: Unified Development Code (UDC)11-211-2 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 11-211-3 for the proposed M -E zoning district in effect at the time of development. D. Landscaping I. Width of street buffer(s): UDC Table 11-213-3 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 buffers) 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. UL 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 11-211-3. 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. South idge 31 AZ -08-016 PAGE 6 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 -10C, mitigation is required for all existing healthy trees flinch 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-inhight-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 Southridge 31 AZ -08-016 PAGE 7 Tasa/Market Square through the subject site, rID 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. EXHMITS 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 Southridge 31 AZ -08-016 PAGE 8 f s _ y 'er `: .H.,3 2. Conceptual Development Plan FGhMMAIM Exhibit C — Page 3 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 arca(s) shall be provided within the site generally along an axial alignment with any large structure or famed 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 11-313-10C, 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 construction activities related to the 1-84 widening and construction of the Ten Mile interchange on this site shall be allowed as an accessory use to these rA olects. 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 ORD ormIde flaggm at the Tien MileM3mAand intersection from 6•�0 am to 9: am and 3:30 nm to 7:00 nm fizaghL the completion of the oner Won of t& batch Plant for the amrent iters widening Proiect to ensure smooth tmmg flow for both residential and construction e•• went Exhibit C - Page 4 2. Pub& 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 he 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 (LDDC 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 he 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 he within the area being developed shall he tiled. Plans will need to be approved by the appropriate iungation/dramage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior Exhibit C — Page 5 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 fiuther 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 %" 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 — Page6 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 tum 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 distancerequiretrient 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 COAMERCIAL 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 acmes 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. EXIUMt 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 Mile 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 thefindingsfor consideration that the District may identify 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 ACRD 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 TTD 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, ACRD, and ITD 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. FiduNt C — Page 8 7.1.3 If the applicant, ACRD, and TI'D 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 1TD. 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 We 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 fall business days Exlubit C — Page 9 prior to breaking ground within ACRD right -of --way. The applicant shall contact ACRD 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 C. Legal Description & Exhibit Map vedendW12.2m Prefect No. 07144 Amermtkm .&W R Lqd Dosmiption SouduidV 31 36.27 acres ZXMMW *A* A tract of hmd•for amtexationand Mune pugmses sitpatcd in theme 00 Qoaftr of tim SMWWcst Oft QUNVW of SeWM 14, TOWOMp 3 Nufft Range 3 West, Boise Meridian. Ada Cmty, Maha6 descnlW as folf~ BE(i1NNWQ ata found* ss Witt gap=raa tho.SWbW0st CMWCfsWd Section 14 on the owtetifne of 3oua Ten lm x"A from which a Surmd 3/8-iirch steel pia mommtgmug the W49.0110 Quarter ofsaid sectiatt 14 bears Nosh o0°30 mr a disieace of 2.659.52; 'them folfovuit g'tbe�vvestody line.ofsdd 5ectipsr 14=d tiw of.said South Ten MSe R 4 NW& 0!3°34+10" Fart a dfmom of 1.1$7.62 feet to apWW on 60 e'of hiforatate 84; Thence lgsvis*.said woody rine and said contorting and following ft isre afsald interatatg 84. Sosub $9°�3`1D' Esara,dist�e of 1,327:0? m a point on the easwiy Jineufsaid Scttttitwamt t Quarmr oftlie. ruUtwgst t7rigQ ; Ttnuuaoteavh said �Wfollawing.tmeas1vdyV=afsold SoWhviest One Qtmrter,ef vW.-%utirWM prru QWW, Sorair W3139- Wibo adistacee of 1.1-94.46fm to s had StB"AtCatrmr'ofaaid 000 ti»�rof60 h b r an as ofwesr ovedood R,064 Thetacg leataingsaid easterly Nste and fo11oming OW WY lino: ofceid �rwast Oft Qttmterof& $4WkWm0rm'r er W.11m cceteft ofsald won ove eland Roast; Nartih 89°1517' West a d of 1;326.,21 fm to the POINT 61: 811(3If+133 Na. The tray of land canton 36.27 acres, more or teas„ subject to irny wristiu8 ea�rnritts orril361s-of-vray. Atleebed hareto is Exbrbit "n' and by thio mracaca is =& .a Port homr PtePered By: THE LAND ORMm, INC. 462 E. SHORE DANE, 31117E too EAOLB, IDAHO 8361.6 O� 208-939.4041 208439.4445 (FAx) Exkbii C — Page 11 SnUATED IN THE'SW 114 OF THE SW 1I4 OF SEC1'1 TOWNSHIP 3 NORTH, RANG 1 WEST, B.h+1., ADA COUNTY, IDAHO 14 .._....._. 's lt= a t' • .._ .. —. . IS 22 Exhibit C — Page 12 1320 South Ten Wje Road Cuftm Tax Matt RUT Proposed Tax Dat&L M M-8 1,580,069 Sg Et 36.27Ae. HEwe-AW son Em W 1/4 IF 14 WEST OVERLAND ROAD 23 YAL MB W ----md_ Q•FOM 15 QSMEEL CAP AN ® CJILd1LA1m POW MNEXAM AND SECli � ARY UNE MM -CF -WAY IME 7!E UNE A 01 " r 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 WE would be in the best interest of the City if a Development Agreement is required with the provisions noted in the stats report. Further, the City Council finds that the construction activities operating on this site related to the 1-84 widening and Ten Mile interchange projects are appropriate on a temporary basis. Exhibit D —Page 1 MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. 3-B REQUEST Budget Amendment for South Meridian Park Land for $601,192.00 AGENCY COMMENTS CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY CITY POLICE DEPT: Ke CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: See Attached MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES 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. a AM 'I's c CD a a m 0 C: of ami to U .43 c O Q IxO LL P l� P I� O d Cv0 I�.w a) E m N J O Y a) a o 0 as m c U o ao C :g aa) E Cl) gQ o a) L 7 T LTJ H E 0 O U - y w 0 0 c PD m L o CL (D 0 0 L m (� c o� L N C t5 'F fQ � a E t5 o Mw E C a) ns � a C C c a c :3 rna a -0a)o W—C: a 3 aJ O O C O N E c fA � L � W y a3 O U 0 C O U a3 Q C CD F- N N f�a (co U a L C CLO Q C N Co .. O N � C y N t " N L y. V �O r a E M w HEa� � � N 69 o C fA a C N M c E W.0 a t r y D: C Em a °f c •° m � N � d V !0 Qa � C O O w c E3 0 m U �- cut !6 m V y 0 w w N w C o CD C a N CDR m g O CD pp R tit FL 0 Gi O R E m 0.0 m m v c � m Q -0C_c�o E O .0 eo c a�c m cc 3 •E . a m t!m O FcE CLR 3 L W 0 m 0 A K� Z ° El ❑ ° ` Z Z Z Z W u > CL £ � H F 0 D u LL c W'... L L Z Z aZ ❑ W �a W � O (� U m a J E cc W z •O ¢ W U F U ¢ W ¢ Q W O O Y a J W O U� d O a-1 O}= 0 C 0 ❑Z F -LL f0 CL L a N O N W � G r a 0 r o c O Ul m r O Cm G u > CL £ � H F 0 D u LL c W'... L L Z Z aZ ❑ W �a W � O (� U m a E a i3 E • W h t ' -} U O 3 O Y CD O m N i CL L a N O N W � r a 0 r o c O Ul m r O Cm G a V co o T CLm X W46 W U g 3 Ey co o w CO LL m ° Q o 1 5 rn N � H m �•.�C wZ In c oQtn � T Y o0 0 c m 10 > O cUW :3ULa o EJ W W s � W 7 mV �� 0 OTOs OOT NN N e�fA NcmW H O 0,00 V U C C N T st M T st N T st Ma T sh N O N at O N sT O N st a JQ Q U e 0 a a J J � �8•c8 � Eg y U c +1 m o O mU o c O C y O - p E 3 m - U c) U> O N a. CK o Q v U c m E 16 C C M C •Q% to 3 Y $ v c m c U LL E a i3 E • W h t ' -} U Y CD O m N i �8•c8 � Eg y U c +1 m o O mU o c O C y O - p E 3 m - U c) U> O N a. CK o Q v U c m E 16 C C M C •Q% to 3 Y $ v c m c U LL E a i3 E W 1,5 Y CD O m N �8•c8 � Eg y U c +1 m o O mU o c O C y O - p E 3 m - U c) U> O N a. CK o Q v U c m E 16 C C M C •Q% to 3 Y $ v c m c U LL N Of T W O m N O N W � r a 0 r o c O Ul m r O Cm G a f00 co T � W U co Cm E T U' wZ In � T W o c O m t s � W CD O o J. H M a- a' O m O. U e 0 a J J 0 6 Z 0 QHQ xx Cl 0 W W J F W O O Q O � 0 CS V FQ- O � �8•c8 � Eg y U c +1 m o O mU o c O C y O - p E 3 m - U c) U> O N a. CK o Q v U c m E 16 C C M C •Q% to 3 Y $ v c m c U LL m r Mf Z O v= o c a � E w R O 7 t m E em VO 3 ma c c C R a R c m -C £ O m d� E° R (� c C m'v N Of T O m N O N W � a 0 r o c O Ul m r O Cm G a f00 co T � a C U co T U' wZ In � W o c O m t s W CD O o J. M a- a' O m O. U e a J J 0 6 0 016 Cl 0 J F W O O Q � 0 CS V mOo O9 m r Mf Z O v= o c a � E w R O 7 t m E em VO 3 ma c c C R a R c m -C £ O m d� E° R (� c C m'v N Of T O m N O N W � O o c m Cm G a T � a C U co U' wZ In W o c O m W CD O o J. M N O m O. c� a z 0 m r Mf Z O v= o c a � E w R O 7 t m E em VO 3 ma c c C R a R c m -C £ O m d� E° R (� c C m'v MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. 3-C REQUEST Approve New Beer License for Chronic Taco, 3240 E. Louise Dr. AGENCY CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES COMPANY: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. $-D REQUEST Sewer Service Agreement with Coleman Homes, LLC for Cabella Creek Subdivision AGENCY CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES COMPANY: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of 3 Tara Green From: Jeremy Ladle [JeremyLadle@givenspursley.com] Sent: Thursday, June 11, 2009 3:17 PM To: 'Christine Allen' Cc: 'thomas@mycolemanhome.com; Tara Green; Ted Baird; Cori Barrera Subject: FW: Agenda Item for Consent Agenda next week [IWOV-GPDMS.FID221639] Attachments: Sewer Service Agreement GP04.PDF Christine: Can you coordinate getting Thomas's signature to the attached today before he leaves or sometime on Monday am supposed to get the original Tara Green, the City of Meridian's Deputy Clerk, on Monday, so the partially executed original can be presented to the Mayor on Tuesday for signature. Once Thomas has signed we can have a runner stop by and pick up the original and take it to Tara or you can drop it by - let me know your preference. Thanks Jeremy Jeremy G. Ladle Givens Pursley LLP 601 W. Bannock St. PO Box 2720 Boise, Idaho 83701 (208) 388-1283 (208) 388-1300 (fax) CONFIDENTIALITY NOTICE: This e-mail contains confidential information that is protected by the attorney-client and/or work product privilege. It is intended only for the use of the individual(s) named as recipients. If you are not the intended recipient of this e-mail, please notify the sender, please do not deliver, distribute or copy this e-mail, or disclose its contents or take any action in reliance on the information is contains. Circular 230 Disclosure: To ensure compliance with IRS Circular 230, we inform you that any federal tax advice included in this communication (including attachments) is not intended or written to be used, and it cannot be used, for the purpose of (i) avoiding the imposition of federal tax penalties or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Ted Baird[mailto:tbaird@meridiancity.org] Sent: Thursday, June 11, 2009 3:10 PM To: Jeremy Ladle Cc: Tara Green Subject: RE: Agenda Item for Consent Agenda next week [IWOV-GPDMS.FID221639] 6/11/2009 Page 2 of 3 Jeremy: Can you have Mr. Coleman execute the agreement on Monday and have an original delivered to Tara so that we can present the partially executed agreement to the Mayor? Also, please coordinate getting a copy of the fully executed agreement from Tara. Thanks. From: Jeremy Ladle [mailto:JeremyLadle@givenspursley.com] Sent: Thursday, June 11, 2009 3:02 PM To: Ted Baird; Tara Green Cc: Scott Steckline; 'thomas@mycolemanhome.com'; Joseph Uberuaga; 'Kelly Barbour' Subject: RE: Agenda Item for Consent Agenda next week [IWOV-GPDMS.FID221639] Tara: At Ted Baird's request, please find attached an execution version of the Sewer Service Agreement between the City of Meridian and Coleman Homes LLC. From what I understand, this agreement needed to be to you today by 5pm so it can be signed by the Mayor at next Tuesday's meeting. Please let me know if you have any problems opening the attachment. Thank you, Jeremy Jeremy G. Ladle Givens Pursley LLP 601 W. Bannock St. PO Box 2720 Boise, Idaho 83701 (208) 388-1283 (208) 388-1300 (fax) CONFIDENTIALITY NOTICE: This e-mail contains confidential information that is protected by the attorney-client and/or work product privilege. It is intended only for the use of the individual(s) named as recipients. If you are not the intended recipient of this e-mail, please notify the sender, please do not deliver, distribute or copy this e-mail, or disclose its contents or take any action in reliance on the information is contains. Circular 230 Disclosure: To ensure compliance with IRS Circular 230, we inform you that any federal tax advice included in this communication (including attachments) is not intended or written to be used, and it cannot be used, for the purpose of (i) avoiding the imposition of federal tax penalties or (ii) promoting, marketing or recommending to another parry any transaction or matter addressed herein. From: Ted Baird [mailto:tbaird@meridiancity.org] Sent: Thursday, June 11, 2009 2:33 PM To: Tara Green Cc: Jeremy Ladle; Scott Steckline 6/11/2009 Page 3 of 3 Subject: Agenda Item for Consent Agenda next week Tara: Please put a placeholder on next Tuesday's consent agenda for the following document, to be delivered to you by the end of the day (Jeremy, you can send your pdf document to Deputy Clerk Tara Green by replying to this email) Sewer Service Agreement between City of Meridian and Coleman Homes LLC at Cabella Creek Subdivision Thanks! 6/11/2009 Page 1 of 2 Tara Green From: Jeremy Ladle [JeremyLadle@givenspursley.com] Sent: Thursday, June 11, 2009 3:02 PM To: Ted Baird; Tara Green Cc: Scott Steckline; 'thomas@mycolemanhome.com; Joseph Uberuaga; 'Kelly Barbour' Subject: RE: Agenda Item for Consent Agenda next week [IWOV-GPDMS.FID221639] Attachments: Sewer Service Agreement GP04.PDF Tara: At Ted Baird's request, please find attached an execution version of the Sewer Service Agreement between the City of Meridian and Coleman Homes LLC. From what I understand, this agreement needed to be to you today by 5pm so it can be signed by the Mayor at next Tuesday's meeting. Please let me know if you have any problems opening the attachment. Thank you, Jeremy Jeremy G. Ladle Givens Pursley LLP 601 W. Bannock St. PO Box 2720 Boise, Idaho 83701 (208) 388-1283 (208) 388-1300 (fax) CONFIDENTIALITY NOTICE: This e-mail contains confidential information that is protected by the attorney-client and/or work product privilege. It is intended only for the use of the individual(s) named as recipients. If you are not the intended recipient of this e-mail, please notify the sender, please do not deliver, distribute or copy this e-mail, or disclose its contents or take any action in reliance on the information is contains. Circular 230 Disclosure: To ensure compliance with IRS Circular 230, we inform you that any federal tax advice included in this communication (including attachments) is not intended or written to be used, and it cannot be used, for the purpose of (i) avoiding the imposition of federal tax penalties or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Ted Baird [mailto:tbaird@meridiancity.org] Sent: Thursday, June 11, 2009 2:33 PM To: Tara Green Cc: Jeremy Ladle; Scott Steckline 6/11/2009 Page 2 of 2 Subject: Agenda Item for Consent Agenda next week Tara: Please put a placeholder on next Tuesday's consent agenda for the following document, to be delivered to you by the end of the day (Jeremy, you can send your pdf document to Deputy Clerk Tara Green by replying to this email) Sewer Service Agreement between City of Meridian and Coleman Homes LLC at Cabella Creek Subdivision Thanks! 6/11/2009 SEWER SERVICE AGREEMENT Par&—s- L. Ci of Meridian 2. Coleman Homes LLC THIS SEWER SERVICE AGREEMENT ("Agreement") is made and entered into this day of June, 2009, by and between City of Meridian, a municipal corporation of the State of Idaho (hereinafter called "City") and Coleman Homes LLC, an Idaho limited liability company, whose address is 1025 S. Bridgeway Place #280, Eagle, Idaho 83616 (hereinafter "Coleman"). RECITALS WHEREAS, Coleman is the prospective purchaser of the Cabella Creek Subdivision located at the Northeast Corner of Mesa Way and East Victory Road, situated in a portion of the SE '/4 of T.3N., R.IE., Section 19, Boise Meridian, Ada County, Idaho as legally described in Exhibit A, attached hereto and incorporated herein; and WHEREAS, as a condition of approval of the Final Plat of Cabella Creek Subdivision (FP -06-044) ("Final Plat") the owner/developer of the subdivision is responsible to provide sewerability to the subdivision through the installation of a temporary off-peak sanitary sewer pumping station in a location designated by the Public Works Department; and WHEREAS, the current owner of the Cabella Creek Subdivision, ATM Development LLC ("ATM"), has provided a letter of credit to assure construction of the sanitary sewer pumping station; and WHEREAS, Coleman will become responsible for the construction of the sanitary sewer pumping station when and if it assumes ownership of the Cabella Creek Subdivision; and WHEREAS, City and Coleman have agreed on an alternative and permanent plan, in lieu of the installation of a temporary off-peak sanitary sewer pumping station, to provide the required sewer capacity to the Cabella Creek Subdivision, to wit: The construction of an extension of the Black Cat Sewer Line; and WHEREAS, Coleman has agreed to provide funding for its proportionate share of the extension of the Black Cat Sewer Line to provide sewerability to the Cabella Creek Subdivision; and SEWER SERVICE AGREEMENT - 1 Sewer Service Agreement GP04 WHEREAS, in exchange for an agreement by the City to continue to provide sewer services to the Cabella Creek Subdivision, Coleman desires to enter into this Agreement to memorialize its agreement to the substitution of its participation in funding the extension of the sewer line, if it purchases the available property within the Cabella Creek Subdivision, to satisfy the condition of approval on the Final Plat requiring construction of the temporary pumping station; and WHEREAS, this agreement shall not have any force or effect if Coleman does not take ownership of the Property on or before June 26, 2009, or such other date agreed upon by Coleman and ATM (but no later than February 29, 2010), so that City can cash the surety currently in place by ATM Development. AGREEMENT NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, which the parties agree are good and adequate consideration, the parties agree as follows: 1. INCORPORATION OF RECITALS. That the above recitals are contractual and binding, true and correct, and are incorporated herein as if set forth in full. 2. DEFINITIONS. For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: (a) City means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the State of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. (b) Owners/Developers means and refers to Coleman Homes LLC, whose address is 1025 S. Bridgeway Place #280, Eagle, Idaho 83616, the party that iscontemplating the purchase of said Property and shall include any subsequent owner(s) or developer(s) of the Property. (c) Property means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A and by this reference incorporated herein as if set forth at length. 3. AGREEMENTS REGARDING PROVISION OF SEWER SERVICES. (a) Payment of Proportionate Share. Coleman shall make a one-time payment of its proportionate share of the extension of the Black Cat Sewer Line to provide sewerability to the Cabella Creek Subdivision, which amount shall not exceed One Hundred Sixteen Thousand Two Hundred Eighty One Dollars and 27/100ths ($116,281.27) ("Coleman Sewer Contribution'). (b) Agreement to Provide Sewer Services; Satisfaction of Condition. In exchange for the Coleman Sewer Contribution, the City shall continue to provide necessary sewer services to the Cabella Creek Subdivision and the lots located therein. Furthermore, the SEWER SERVICE AGREEMENT - 2 Sewer Service Agreement GP04 City accepts the Coleman Sewer Contribution in satisfaction of its condition of approval on the Final Plat for the Cabella Creek Subdivision that the Owner/Developer of the Property install a temporary off-peak sanitary sewer pumping station in a location designated by the City's Public Works Department. 4. CLOSING OF REAL ESTATE PURCHASE AND SALE TRANSACTION. The terms of this agreement are expressly conditioned upon Coleman's purchase of the Property on or before June 26, 2009, or such other date agreed upon by Coleman and ATM. If the ownership of the property has not transferred to Coleman by June 26, 2009, or such other date agreed upon by Coleman and ATM (but no later than February 29, 2010), the parties agree this Agreement shall be rescinded and the promises contained herein shall be null and void. 5. SURETY OF PERFORMANCE. Coleman agrees to provide surety in the form of irrevocable letters of credit, cash deposits, or certified check, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements which the Owner/Developer agrees in writing to provide. The amount of surety required for the Cabella Creek Subdivision portion of the extension of the Black Cat Sewer Trunk is $116,281.27. 6. NOTICES. Any notice under this Agreement shall be in writing and be delivered in person or by public or private courier service (so long as such services provide written confirmation of delivery) (including U.S. Postal Service Express Mail) or certified mail, return receipt requested. Any notice given by registered or certified mail shall be sent with return receipt requested. All notices shall be addressed to the parties at the addresses contained herein or at such other addresses as the parties may from time to time direct in writing. Any notice shall be deemed to have been given on (a) actual delivery or refusal, or (b) three (3) business days after mailing by registered or certified mail. If to City: City of Meridian Attention: City Clerk 33 East Broadway Avenue Meridian ID 83642 With copy to: Attention: City Attorney 33 East Broadway Avenue Meridian ID 83642 If to Coleman: Coleman Homes LLC Attention: Thomas M. Coleman, Jr. 1025 S. Bridgeway Place, Suite 280 Eagle, Idaho 83616 With a copy to: Givens Pursley, LLP Attention: Jeremy G. Ladle 601 West Bannock Street Boise, Idaho 83702 SEWER SERVICE AGREEMENT - 3 Sewer Service Agreement GP04 7. ATTORNEY FEES. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by a Court of competent jurisdiction, including reasonable attorneys' fees on appeal. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. TIME IS OF THE ESSENCE. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 9. BINDING UPON SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 10. INVALID PROVISION. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 11. RECORDING. The parties acknowledge and agree not to cause or permit the recording of this Agreement or any portion thereof prior to the purchase of the Property by Coleman. 12. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall constitute an original, but all together shall constitute one and the same Agreement. 13. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties hereto with respect to the subject matter hereof. No extension, change, modification or amendment to or of this Agreement of any kind whatsoever shall be made or claimed by the City or Coleman, and no notice of any extension, change, modification or amendment made or claimed by the City or Coleman shall have any force or effect whatsoever unless the same shall be endorsed in writing and be signed by the party against which the enforcement of such extension, change, modification or amendment is sought, and then only to the extent set forth in such instrument. [End of Text] SEWER SERVICE AGREEMENT - 4 Sewer Service Agreement GP04 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER COLEMAN HOMES LLC Thomas M. Coleman STATE OF IDAHO ) ) ss. County of Ada ) On this day of , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas M. Coleman, known or identified to me to be the person who signed the above and acknowledged to me that he executed the same on behalf of said organization IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at My commission expires SEWER SERVICE AGREEMENT - 5 Sewer Service Agreement GP04 CITY STATE OF IDAHO ) ss. County of Ada ) CITY OF MERIDIAN M. On this day of , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the person who signed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at My commission expires SEWER SERVICE AGREEMENT - 6 Sewer Service Agreement GP04 Exhibit A Lots 3,4,5, 6,7 and 8, in Block 1, Lots 2,3,4, 5,6,7,8, 9,10,11, 12,13, 14,15,16,17,18, 19, 20, 21,22,23, 24,25, 26,27,2.8 and 29, in. Block 2, Lots 1, 2 and 3 in Block 3, Lot 3 in Block 4, Lots 3,4,5, 6 and 7, Block 6 of Cabella Creek Subdivision, according to the plat thereof, filed in Book 100 of Plats at Pages 12999 than 13004, and as amended by Affidavit recorded 4arch 18, 2008 as Inst anent N. 108031228, records of Ada County, Idaho. SEWER SERVICE AGREEMENT - 7 Sewer Service Agreement GP04 SEWER SERVICE AGREEMENT Parties: 1. City of Meridian I Coleman Homes LLC THIS SEWER SERVICE AGREEMENT ("Agreement") is made and entered into this day of June, 2009, by and between City of Meridian, a municipal corporation of the State of Idaho (hereinafter called "City") and Coleman Homes LLC, an Idaho limited liability company, whose address is 1025 S. Bridgeway Place #280, Eagle, Idaho 83616 (hereinafter "Coleman"). RECITALS WHEREAS, Coleman is the prospective purchaser of the Cabella Creek Subdivision located at the Northeast Corner of Mesa Way and East Victory Road, situated in a portion of the SE % of T.3N., R.IE., Section 19, Boise Meridian, Ada County, Idaho as legally described in Exhibit A, attached hereto and incorporated herein; and WHEREAS, as a condition of approval of the Final Plat of Cabella Creek Subdivision (FP -06-044) ("Final Plat") the owner/developer of the subdivision is responsible to provide sewerability to the subdivision through the installation of a temporary off-peak sanitary sewer pumping station in a location designated by the Public Works Department; and WHEREAS, the current owner of the Cabella Creek Subdivision, ATM Development LLC ("ATM"), has provided a letter of credit to assure construction of the sanitary sewer pumping station; and WHEREAS, Coleman will become responsible for the construction of the sanitary sewer pumping station when and if it assumes ownership of the Cabella Creek Subdivision; and WHEREAS, City and Coleman have agreed on an alternative and permanent plan, in lieu of the installation of a temporary off-peak sanitary sewer pumping station, to provide the required sewer capacity to the Cabella Creek Subdivision, to wit: The construction of an extension of the Black Cat Sewer Line; and WHEREAS, Coleman has agreed to provide funding for its proportionate share of the extension of the Black Cat Sewer Line to provide sewerability to the Cabella Creek Subdivision; and SEWER SERVICE AGREEMENT - 1 Sewer Service Agreement GPO4 WHEREAS, in exchange for an agreement by the City to continue to provide sewer services to the Cabella Creek Subdivision, Coleman desires to enter into this Agreement to memorialize its agreement to the substitution of its participation in funding the extension of the sewer line, if it purchases the available property within the Cabella Creek Subdivision, to satisfy the condition of approval on the Final Plat requiring construction of the temporary pumping station; and WHEREAS, this agreement shall not have any force or effect if Coleman does not take ownership of the Property on or before June 26, 2009, or such other date agreed upon by Coleman and ATM (but no later than February 29, 2010), so that City can cash the surety currently in place by ATM Development. AGREEMENT NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, which the parties agree are good and adequate consideration, the parties agree as follows: 1. INCORPORATION OF RECITALS. That the above recitals are contractual and binding, true and correct, and are incorporated herein as if set forth in full. 2. DEFINITIONS. For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: (a) City means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the State of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. (b) Owners/Developers means and refers to Coleman Homes LLC, whose address is 1025 S. Bridgeway Place #280, Eagle, Idaho 83616, the party that is contemplating the purchase of said Property and shall include any subsequent owner(s) or developer(s) of the Property. (c) Property means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A and by this reference incorporated herein as if set forth at length. 3. AGREEMENTS REGARDING PROVISION OF SEWER SERVICES. (a) Payment of Proportionate Share. Coleman shall make a one-time payment of its proportionate share of the extension of the Black Cat Sewer Line to provide sewerability to the Cabella Creek Subdivision, which amount shall not exceed One Hundred Sixteen Thousand Two Hundred Eighty One Dollars and 27/100ths ($116,281.27) ("Coleman Sewer Contribution"). (b) Agreement to Provide Sewer Services; Satisfaction of Condition. In exchange for the Coleman Sewer Contribution, the City shall continue to provide necessary sewer services to the Cabella Creek Subdivision and the lots located therein. Furthermore, the SEWER SERVICE AGREEMENT - 2 Sewer Service Agreement GPO4 City accepts the Coleman Sewer Contribution in satisfaction of its condition of approval on the Final Plat for the Cabella Creek Subdivision that the Owner/Developer of the Property install a temporary off-peak sanitary sewer pumping station in a location designated by the City's Public Works Department. 4. CLOSING OF REAL ESTATE PURCHASE AND SALE TRANSACTION. The terms of this agreement are expressly conditioned upon Coleman's purchase of the Property on or before June 26, 2009, or such other date agreed upon by Coleman and ATM. If the ownership of the property has not transferred to Coleman by June 26, 2009, or such other date agreed upon by Coleman and ATM (but no later than February 29, 2010), the parties agree this Agreement shall be rescinded and the promises contained herein shall be null and void. 5. SURETY OF PERFORMANCE. Coleman agrees to provide surety in the form of irrevocable letters of credit, cash deposits, or certified check, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements which the Owner/Developer agrees in writing to provide. The amount of surety required for the Cabella Creek Subdivision portion of the extension of the Black Cat Sewer Trunk is $116,281.27. 6. NOTICES. Any notice under this Agreement shall be in writing and be delivered in person or by public or private courier service (so long as such services provide written confirmation of delivery) (including U.S. Postal Service Express Mail) or certified mail, return receipt requested. Any notice given by registered or certified mail shall be sent with return receipt requested. All notices shall be addressed to the parties at the addresses contained herein or at such other addresses as the parties may from time to time direct in writing. Any notice shall be deemed to have been given on (a) actual delivery or refusal, or (b) three (3) business days after mailing by registered or certified mail. If to City: City of Meridian Attention: City Clerk 33 East Broadway Avenue Meridian ID 83642 With copy to: Attention: City Attorney 33 East Broadway Avenue Meridian ID 83642 If to Coleman: Coleman Homes LLC Attention: Thomas M. Coleman, Jr. 1025 S. Bridgeway Place, Suite 280 Eagle, Idaho 83616 With a copy to: Givens Pursley, LLP Attention: Jeremy G. Ladle 601 West Bannock Street Boise, Idaho 83702 SEWER SERVICE AGREEMENT - 3 Sewer Service Agreement GPO4 7. ATTORNEY FEES. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by a Court of competent jurisdiction, including reasonable attorneys' fees on appeal. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. TIME IS OF THE ESSENCE. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 9. BINDING UPON SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 10. INVALID PROVISION. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 11. RECORDING. The parties acknowledge and agree not to cause or permit the recording of this Agreement or any portion thereof prior to the purchase of the Property by Coleman. 12. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall constitute an original, but all together shall constitute one and the same Agreement. 13. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties hereto with respect to the subject matter hereof. No extension, change, modification or amendment to or of this Agreement of any kind whatsoever shall be made or claimed by the City or Coleman, and no notice of any extension, change, modification or amendment made or claimed by the City or Coleman shall have any force or effect whatsoever unless the same shall be endorsed in writing and be signed by the party against which the enforcement of such extension, change, modification or amendment is sought, and then only to the extent set forth in such instrument. [End of Text] SEWER SERVICE AGREEMENT - 4 Sewer Service Agreement GPO4 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER STATE OF IDAHO ss. County of Ada COLEMAN HOMES LLC By: _---60L Thomas M. Coleman On this I I �' day of I,{, v1,�— , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas M. Coleman, known or identified to me to be the person who signed the above and acknowledged to me that he executed the same on behalf of said organization IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 4 SEWER SERVICE AGREEMENT - 5 Sewer Service Agreement GPO4 Notary Public for o Residing at _o My commission expires CITY STATE OF IDAHO ) ) ss. County of Ada ) CITY OF MERIDIAN By: ti On this lUt day of , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared Mm81r'u CJ& l lWej . ffn I lam, known or identified to me to be the person who signed the in ument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) SEWER SERVICE AGREEMENT s 6 Sewer Service Agreement GPO4 &UA- 2 Notary Public for Idaho Residing at M C1 l l i -j . ID My commission expires 1C% 1 l -11 Exhibit A Lots 3, 4, 5, 6, 7 and 8, in Block 1, Lots 2, 3, 4, 5, 6, 7, 8, 9,10,11,12,13, 14, 15, 16,17, 18, 19, 20, 21,22, 23, 24,25, 26, 27, 28 and 29, in Block 2, Lots 1, 2 ,and 3 is Block 3, Lot 3 in Block 4, Lots 3, 4, S, 6 and 7, Block 6 of C.abella Creek Subdivision, according to the plat thereof, filed in Book 100 of Plats at Pages 12999 thru 13004, and as amended by Affidavit recorded March 18, 2008 as instrment N. 108031228, records of Ada County, Idaho. SEWER SERVICE AGREEMENT - 7 Sewer Service Agreement GP04 MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. $-E REQUEST Professional Services Agreement for Musical Talent for Concerts on Broadway AGENCY COMMENTS CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES 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. Jaycee Holman From: Emily Kane Sent: Friday, June 12, 2009 12:34 PM To: Jaycee Holman Cc: Bill Nary Subject: PSA for 6/16 Council Consent Agenda Attachments: Professional Services Agreement - Kings of Swing.doc i Professional cervices Agreemen.. Will you please add the attached professional services agreement to the City Council consent agenda for Tuesday, June 16? It can be entitled, "Professional Services Agreement for Musical Talent for Concerts on Broadway - Kings of Swing." Thank you! Emily Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-5506 Fax: 208-884-8723 E-mail: ekane@meridiancity.org PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this day of June, 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"); the Meridian Downtown Business Association, Inc. a nonprofit corporation organized under the laws of the State of Idaho ("MDBA"); and Tom Phelps, doing business as Kings of Swing, an assumed business name certified under the laws of the State of Idaho ("Performer"). (City, MDBA, and Performer may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is assisting the Meridian Downtown Business Association in presenting Concerts on Broadway, a series of concerts to be held in the plaza during the summer; WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of the Kings of Swing, a seventeen -piece band specializing in the performance of swing and big band music; 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: I. SCOPE OF SERVICES. A. Performance. Performer shall provide approximately seventeen (17) instrumental musicians to perform for the public approximately thirty (3 0) swing and/or big band songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday June 20, 2009, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho. Performer may take one fifteen -minute break during this time. B. Set-up. Performer shall set up risers, public address system, and sound or amplification system at 2:00 p.m. on June 20, 2009 for the purpose of set-up, rehearsal, and/or sound checks. Performer shall complete all set-up, rehearsal, and/or sound checks by 6:00 p.m. II. COMPENSATION. A. Total amount. MDBA shall make total payment to Performer for services rendered pursuant to this Agreement in the amount of $1,500.00. This amount shall constitute full compensation for any and all of Performer's services, costs, and expenses related to this Agreement. Performer shall be responsible for payment of any and all taxes. B. Cancellation of event. If Performer is present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, MDBA shall pay Performer in the amount set forth herein, even if the event is cancelled due to inclement weather or other unforeseen events not caused by Performer. Any decision regarding whether to cancel Performer's performance shall be made no earlier than 6:30 p.m. on June 20, 2009. PROFESSIONAL SERVICES AGREEMENT — KINGS OF SWING, CONCERTS ON BROADWAY PAGE 1 of 6 C. Method of payment. Performer shall provide MDBA with an invoice for services provided, which MDBA shall pay within fourteen (14) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Performer. III. VENUE A. Plaza. Performer shall provide and set up risers on the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho, which is an outdoor, open, public venue. Performer shall be solely responsible for any and all measures necessary to protect its equipment, instruments, and performers from damage due to weather and other conditions that do or may exist. B. Public venue. Performer acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, Performer shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Performer's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Performer shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Sound system. Performer shall provide a public address system that is intended to be used for verbal announcements. If Performer elects to amplify its music by means of any other sound system, Performer shall provide and operate any and all equipment necessary to do so. E. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, Performer's performance for educational and public information purposes, but City shall not undertake such recording activities for commercial purposes. City shall make a verbal announcement prior to the performance requesting that members of the public attending the concert not to take photographs or make recordings but City shall not be responsible for the actions of persons who are not under its employment or control. F. Merchandising. Performer shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that Performer voluntarily donate to the Arts Commission twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event. IV. TERMS AND CONDITIONS A. Time of the essence. Performer acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform PROFESSIONAL SERVICES AGREEMENT— KINGS OF SWING, CONCERTS ON BROADWAY PAGE 2 of 6 any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of event. 1. Promotion by MDBA. MDBA promotional efforts? 2. Promotion by City. City shall promote Performer's performance in its regular promotional materials, including the City newsletter, City website, and Meridian Parks & Recreation Department Activity Guide. Performer may undertake additional promotional activities at its own expense and effort, subject only to the limitations set forth herein. 3. Promotion by Performer. MDBA and City, respectively, hereby convey to Performer permission to use MDBA's and City's respective names in all forms and media and in all manners, without violation of MDBA's or City's respective rights of privacy or any other rights MDBA or City may possess in connection with their respective roles in the production of Concerts on Broadway, except that Performer may not use MDBA's logo in any manner whatsoever without the express, written consent of the MDBA president; and Performer may not use City's logo in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. C. Subcontracting or assignment of obligations. Performer shall not subcontract or assign any of its obligations under this Agreement related to or that may relate to Performer's artistic talent or expertise. Performer may subcontract or assign obligations that do not require its artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. 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. E. Indemnification. Performer shall 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 Performer, its performers, assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. F. Waiver. Performer waives 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 Performer's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. PROFESSIONAL SERVICES AGREEMENT—KINGS OF SWING, CONCERTS ON BROADWAY PAGE 3 of 6 G. Relationship of Parties. Performer is an independent contractor and is not an employee, agent, joint venturer, or partner of NMBA City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Performer and MDBA or City or between Performer and any official, agent, or employee of NIDBA or City. Performer shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Performer shall comply with any and all applicable federal, state, and local laws. I. Non -Discrimination. Throughout the course of this Agreement, Performer shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. 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, 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. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. 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. M. 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. N. Interpretation. Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augrnent or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. O. 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. PROFESSIONAL SERVICES AGREEMENT — KINGS OF SWING, CONCERTS ON BROADWAY PAGE 4 of 6 P. Successors and Assigns. 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. Q. Notice. Any and all notice required to be provided by either of 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: C City of Meridian Emily Kane, Deputy City Attorney 33 E. Broadway Avenue Meridian, Idaho 83642 Phone: (208) 898-5506 E-mail: ekane@meridiancity.org MDBA: Meridian Downtown Business Association James Fullinwider, President P.O. Box 650 Meridian, Idaho 83680 Phone: (208) 888-1465 E-mail: jamesf@aaillc.com Performer: Kings of Swing Tom Phelps 10790 W. Hickory Drive Boise, Idaho 83713 Phone: (208) 327-0049 Any party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this 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. PROFESSIONAL SERVICES AGREEMENT — KINGS OF SWING, CONCERTS ON BROADWAY PAGE 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the of June, 2009. PERFORMER: Tom Phelps STATE OF Idaho day ss: County of ) I HEREBY CERTIFY that on this day of , 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared Tom Phelps, known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at My Commission Expires: MERIDIAN DOWNTOWN BUSINESS ASSOCIATION: STATE OF Idaho James Fullinwider CITY OF MERIDIAN: M. Attest: Tammy de Weerd, Mayor Jaycee Holman, City Clerk ss: County of Idaho I HEREBY CERTIFY that on this day of , 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared James Fullinwider, known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at My Commission Expires: Idaho PROFESSIONAL SERVICES AGREEMENT— KINGS OF SWING, CONCERTS ON BROADWAY PAGE 6 of 6 PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this t Vay of June, 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"); the Meridian Downtown Business Association, Inc. a nonprofit corporation organized under the laws of the State of Idaho ("MDBA"); and Tom Phelps, doing business as Kings of Swing, an assumed business name certified under the laws of the State of Idaho ("Performer"). (City, MDBA, and Performer may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is assisting the Meridian Downtown Business Association in presenting Concerts on Broadway, a series of concerts to be held in the plaza during the summer; WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of the Kings of Swing, a seventeen -piece band specializing in the performance of swing and big band music; 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: I. SCOPE OF SERVICES. A. Performance. Performer shall provide approximately seventeen (17) instrumental musicians to perform for the public approximately thirty (30) swing and/or big band songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday June 20, 2009, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho. Performer may take one fifteen -minute break during this time. B. Set-up. Performer shall set up risers, public address system, and sound or amplification system at 2:00 p.m. on June 20, 2009 for the purpose of set-up, rehearsal, and/or sound checks. Performer shall complete all set-up, rehearsal, and/or sound checks by 6:00 p.m. II. COMPENSATION. A. Total amount. MDBA shall make total payment to Performer for services rendered pursuant to this Agreement in the amount of $1,500.00. This amount shall constitute full compensation for any and all of Performer's services, costs, and expenses related to this Agreement. Performer shall be responsible for payment of any and all taxes. B. Cancellation of event. If Performer is present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, MDBA shall pay Performer in the amount set forth herein, even if the event is cancelled due to inclement weather or other unforeseen events not caused by Performer. Any decision regarding whether to cancel Performer's performance shall be made no earlier than 6:30 p.m. on June 20, 2009. PROFESSIONAL SERVICES AGREEMENT — KINGS OF SWING, CONCERTS ON BROADWAY PAGE I of 6 C. Method of payment. Performer shall provide MDBA with an invoice for services provided, which MDBA shall pay within fourteen (14) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Performer. III. VENUE A. Plaza. Performer shall provide and set up risers on the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho, which is an outdoor, open, public venue. Performer shall be solely responsible for any and all measures necessary to protect its equipment, instruments, and performers from damage due to weather and other conditions that do or may exist. B. Public venue. Performer acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, Performer shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Performer's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Performer shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Sound system. Performer shall provide a public address system that is intended to be used for verbal announcements. If Performer elects to amplify its music by means of any other sound system, Performer shall provide and operate any and all equipment necessary to do so. E. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, Performer's performance for educational and public information purposes, but City shall not undertake such recording activities for commercial purposes. City shall make a verbal announcement prior to the performance requesting that members of the public attending the concert not to take photographs or make recordings but City shall not be responsible for the actions of persons who are not under its employment or control. F. Merchandising. Performer shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that Performer voluntarily donate to the Arts Commission twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event. IV. TERMS AND CONDITIONS A. Time of the essence. Performer acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform PROFESSIONAL SERVICES AGREEMENT — KINGS OF SWING, CONCERTS ON BROADWAY PAGE 2 of 6 any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of event. 1. Promotion by MDBA. MDBA shall promote Performer's performance in community media and event calendars as available and appropriate. 2. Promotion by City. City shall promote Performer's performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. 3. Promotion by Performer. Performer may undertake additional promotional activities at its own expense and effort, subject only to the limitations set forth herein. MDBA and City, respectively, hereby convey to Performer permission to use MDBA's and City's respective names in all forms and media and in all manners, without violation of MDBA's or City's respective rights of privacy or any other rights MDBA or City may possess in connection with their respective roles in the production of Concerts on Broadway, except that Performer may not use MDBA's logo in any manner whatsoever without the express, written consent of the MDBA president, and Performer may not use City's logo in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. C. Subcontracting or assignment of obligations. Performer shall not subcontract or assign any of its obligations under this Agreement related to or that may relate to Performer's artistic talent or expertise. Performer may subcontract or assign obligations that do not require its artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. 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. E. Indemnification. Performer shall 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 Performer, its performers, assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. F. Waiver. Performer waives 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 Performer's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except PROFESSIONAL SERVICES AGREEMENT — KINGS OF SWING, CONCERTS ON BROADWAY PAGE 3 of 6 for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Performer is an independent contractor and is not an employee, agent, joint venturer, or partner of MDBA City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Performer and MDBA or City or between Performer and any official, agent, or employee of MDBA or City. Performer shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Performer shall comply with any and all applicable federal, state, and local laws. I. Non -Discrimination. Throughout the course of this Agreement, Performer shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. 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, 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. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. 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. M. 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. N. Interpretation. Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. O. 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. PROFESSIONAL SERVICES AGREEMENT — KINGS OF SWING, CONCERTS ON BROADWAY PAGE 4 of 6 P. Successors and Assigns. 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. Q. Notice. Any and all notice required to be provided by either of 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: Ow. City of Meridian Emily Kane, Deputy City Attorney 33 E. Broadway Avenue Meridian, Idaho 83642 Phone: (208) 898-5506 E-mail: ekane@meridiancity.org MDBA: Meridian Downtown Business Association James Fullinwider, President P.O. Box 650 Meridian, Idaho 83680 Phone: (208) 888-1465 E-mail: jamesf@aaillc.com Performer: Kings of Swing Tom Phelps 10790 W. Hickory Drive Boise, Idaho 83713 Phone: (208) 327-0049 Any party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this 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. PROFESSIONAL SERVICES AGREEMENT — KINGS OF SWING, CONCERTS ON BROADWAY PAGE 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 16-1�' day of June, 2009. PERFORMER: om helps P0 V' S Tp oP�oTgRy c rgT�•0 F.10 P 1 Y STATE OF Idaho ) ss: County of ADA ) I HEREBY CERTIFY that on this /5? -v day of 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared Tom Phelps, known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. NoPublic for Idaho R siding at I°1'lj5t-to.0'Al Idaho My Commission Expires: Z Z Z®t® BUSINESS ASSOCIATION: STATE OF Idaho ) •.•• p►NIB'4.►% * Z 14�� 9�� �S z 4b 0BLIC .•'• _ OF ID ..o•'� CITY OF MERIDIAN: BY: ) ss: County of A ego ) I HEREBY CERTIFY that on this 15�'day of 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared James Fullinwider, known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Tammy de 71 Mayor Attest - Jaycee Holman, City Clerk ft;C'3� Notary'Public for Idaho Residing at Idaho My Commission Expires: fi'%i3 J,ao1 t) PROFESSIONAL SERVICES AGREEMENT — KINGS OF SWING, CONCERTS ON BROADWAY PAGE 6 of 6 MERIDIAN CITY COUNCIL MEETING APPLICANT June 16, 2009 REQUEST Presentation of Scholarship Award to Tyler Hale ITEM NO. AGENCY COMMENTS CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY If �A CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES COMPANY: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed• Date: Phone: Jiuii uuncais. Materials presented at public meetings shall become property of the City of Meridian. 4-A MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. 4-B REQUEST Update on Split Corridor Phase 2 Design with ACHD AGENCY CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES COMPANY: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See Attached SEE Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN SPLIT CORRIDOR PRESENTATION ITEMS Council Meeting, 6/16/09 • Design at 75% heading into 95% plans by mid -summer. FYWP pushed Construction date to 2013 • Triangle Pieces near the Crossover o Potential treatments and staff discussions ongoing • Total take and vacant properties across from City Hall o Currently privately owned • Proposed multi use path from Franklin north to Ada o Concrete striped pathway with shared signs north on Main St o Access challenges with local property owners and gas station at corner • Pine Ave parking between Meridian and Main St 0 475' between curbs of Meridian and Main with 45' of R/W o Pine is a dedicated bike route 0 140' for turn lanes, WB Pine to Meridian and EB Pine to Main Page 1 of 1 Jaycee Holman From: Adam Zaragoza [Azaragoza@achd.ada.id.us] Sent: Tuesday, June 09, 2009 9:39 AM To: Timothy Curns Cc: Matthew Ellsworth Subject: RE: MSC 2 Council/Commission Items Attachments: MSC 2 Council -Comm Items, June 09.doc Tim ... try this. From: Timothy Curns [mailto:tcurns@meridiancity.org] Sent: Tuesday, June 09, 2009 6:50 AM To: Adam Zaragoza Subject: RE: MSC 2 Council/Commission Items Adam, Could you resave the word document as a compatible version and resend to me? We are behind the times here and do not have Office 2007. Thanks, Tim Curns, EIT Transportation and Utility Coordinator City of Meridian Public Works Department 33 East Broadway Ave Meridian, Idaho 83642 (208) 489-0342 From: Adam Zaragoza [mailto:Azaragoza@achd.ada.id.us] Sent: Monday, June 08, 2009 9:46 AM To: Matthew Ellsworth; Timothy Curns Cc: Dorrell Hansen; Steve Dean Subject: MSC 2 Council/Commission Items Matt/Tim, Pursuant to our discussion Friday morning, please find attached a draft list of bullet items in preparation for the Council meeting next Tuesday night (6/16/09). 1 will be out of town starting Wednesday evening and will not be able to get back to your comments until Monday morning, so let me know if you have any comments or suggestions... Steve/Dorrell, I would assume this would need to go into the ACHD Commission packet as an FYI? Can you please let me know... Thanks, Adam Zaragoza ACHD Project Manager 3775 Adams St Garden City, ID 83714 work 208-387-6249 cell 208-401-5730 committeJ to Service 6/12/2009 � � Ul m [ m § , 0 � � 0 \may »M \� M �. »Z a A « �\ § , 0 � � »M ` ^ \ y � .......:. ... «�� § , 0 � � : ©« : � y§dam \�� \� \� � � `� � \\�� � � w ^� � ' ��y ?ƒ _ z\ } « /� � � �\�� .� � � © :«,a w: � � <� /ƒ � �\��� ,/? . » n:< » �� z- \\ � « � �� . � � .,: :. .-;� . \\\�c�,�: --,D y i r i I I I v fn --,D oto '�� v fn O n fD 'p n rO 3 -0 fD �s fD (D 3 � ;(p tR• O N LD CL :3 cn- O rt0 0 � r* =r fD �_ n o) /of m • f+ =r O e 'CL < _ D � =rrt � N (D a O 1 O. = l0 CD MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. 4-C REQUEST Presentation Requesting Direction on Priority Projects/Activities for PY2009 CDBG Action Plan AGENCY COMMENTS CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES COMPANY: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of 1 Jaycee Holman From: Matthew Ellsworth Sent: Friday, June 12, 2009 12:10 PM To: Jaycee Holman; Tara Green Cc: 'Charles Rountree'; C. Caleb Hood Subject: FW: Agenda Request Jaycee and Tara, I've been out of town and just glanced at the agenda for the 16th. I didn't see anything for the item requested below. I thought Councilman Rountree approved the proposed sequence — but I can't find that email so I may be mistaken. Is there any room on Tuesday's agenda for the discussion of projects for next year? Thanks, Matt Ellsworth Associate City Planner Meridian Planning Department 33 E. Broadway Ave. Meridian, ID 83642 208.884.5533 From: Matthew Ellsworth Sent: Friday, May 22, 2009 7:02 AM To: Tammy de Weerd; 'Charles Rountree' Cc: Jaycee Holman; Tara Green; Bill Nary; C. Caleb Hood; Anna Canning Subject: Agenda Request Mayor De Weerd and Councilman Rountree, Staff is currently drafting next year's CDBG Action Plan. In order to (1) address the necessary federal requirements and (2) meet HUD's timeline for submittal of an adopted plan, I'd like to request the following: . June 16: Presentation seeking direction on priority projects/activities; . June 23: Release draft Plan and Open public hearing and comment period; . July 28: Close public hearing and discuss/direct staff on final revisions; . August 4: Adopt PY2009 CDBG Action Plan Thanks, Matt Ellsworth Associate City Planner Meridian Planning Department 33 E. Broadway Ave. Meridian, ID 83642 208.884.5533 6/12/2009 A O O W C:) N fu N — 4-' X oo Ln N O � N z > -- = p � cn C: V d- cn O ca Q Q Q. O � (DII •— o O a E c m 4 -Jo •o = E O .� O o �U� 4w U E u a� _ =3 c O � � o a O C: 20 � c a U W fu N u L.C: O Q 0 ct:� .c: C: C) i" p O CL �- Q, O O �- N caa.0U o a fu CL fu c c u El W E^ r) W� cr W mo O L cn fu a. :.l fu ■ Mn ■ P L 0 O -I--� f V L 0 L .o > c fu CL x Q LLI a -J H ._ L6. O -I--� 0) Q� E 'o mo 0 r. 0 fu a. O � 40.- > .� O u mia C: (L) 0 a w 73 cu cl fu U. 0 ■ N I.1. V O ce ■ O O N O O O O ern ern -bq- ■ L E E 4-0 L fu O V 0 CL N O E 0 O 0- 0 ■ 4� fu L CL c O V W O L CL LL 0 0 4-J W fo L. 0) co a. N O 2 (n LM ■ (1) •- L O C Q (u L � L fa L 0 ..-he � L O (u U 0- ■ L O i fo QL rin cu O O U ■ (I1 0 O E a E� > p o U D- N .E fo 2:% -- fa fu (n > (� fo V z > ■ ■ i F-3 O fa U ■ N 0 .V Q 0 O CL ■-1 0 �I v 4-d 0) C W O 4=J E cn E V C Q) a, 0 cn C: r7n Ul w w 0 O �- c .,__. � �- fo .0 :3 L. c 0 CL L (1) C6 U C: fu m 46m(W' � • - C:O L. 0 C: (1) u H E 0 C: 0 c LL m 0 a) V C: fa a -J 2 0 O O 4-J E cn O m mo Q ■ O 4-J An u _O U E ru n C:3:O 0 ■ i L L fu 0. CD rm MO cn O O Wi ■ L fu E m L cn O L CD i V O O O O Ln i- cn .C: V cu em*s O O O Ln M V - X Q a [o U C 0 0Z5 V) O m ■ m v ru m mo O O U. .fu 4J ■ At ■ O fo ro om ■ ►4 75 n ca 73 O 4-J 0 ■ 0) V fo 3:O Q 0 Ln ,—q LL ■ [u c 4� 4-J 4� A 0 O U ■ C N O L H w fu Cob fu U. 0 fu L cn ■ IA ■ (1) V c fu a -J 24:0 0 ■ MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. 4-D REQUEST Update from ACHD Staff on City's Request for Speed Limit Changes AGENCY COMMENTS CITY CLERK: BUILDING DEPT. PLANNING: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: _ `�-1 CITY PUBLIC WORKS: l� Y CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES 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. OF CAN -ADA RD �? CD A 8 CD \TTV CD STAR RD 57 CD CA o L" o alo ttn � � m MCDERMOTTRD N -1 = O � O BLACK CAT RD BLACK CAT RD �3 5 O F � o � TEN MILE RD F TEN MILE RD v Z LINDER RD F CINDER RD CA) tit w " Ln p 9TH% Ul p g F F A cn SH 69 MERIDIAN RD MAI ST c $ o STRATFORD E q; m � F A A O F A� U x .wp, m O F ,dip p o O O W N m .., \ GLE to EAGLE RD 1 o Q �P O CLOVERDALE RD F CLC VINDALE RD F F O F F y $ FIVE MILE RD F Dx MILR W"' F F OmreCn a 4Z CA 0 F Page 1 of 1 Jaycee Holman From: C. Caleb Hood Sent: Thursday, June 11, 2009 4:13 PM To: Tara Green; Jaycee Holman Subject: FW: Speed Study Materials for Council Packet Attachments: Memo Meridian Council 061109.pdf; Memo BM-TAL Meridian SL 042109.pdf; Meridian Speed Limits Under Consideration 11x17.pdf Ladies, Attached is some information for the Council's packet regarding item 4C (speed limits) on the draft agenda for next week. Regarding item 5M on the draft agenda (all things transpo) I need Matt to fill in one blank on my memo before I can send it to you for "packeting." Matt has been out all week, but I will ask him to work on this first thing tomorrow and will get the memo to you promptly thereafter. Sorry for any inconvenience this may cause. Caleb From: Ross Oyen [mailto:royen@achd.ada.id.us] Sent: Thursday, June 11, 2009 4:01 PM To: C. Caleb Hood Subject: Speed Study Materials for Council Packet Caleb, I have enclosed three pdf documents for the council packet: a brief cover memo to the Mayor and Council, an internal memo that summarizes the study, and a map that shows the streets we evaluated, with the results for each street segment labeled on the map. I guessed at the protocol for addressing the memo — let me know if I need to change anything in that regard. I will have a Powerpoint with the map and a couple other slides, but I will keep it simple and should have plenty of time for Q&A. Ross 6/12/2009 TO: Mayor de Weerd Meridian City Council Members FROM: Ross Oyen, P. E. Traffic Engineering Supervisor SUBJECT: Speed Limit Study June 16, 2009 Report to Mayor and Council Carol A. McKee, President Sherry R. Huber, 1st Vice President Rebecca W. Arnold, 2nd Vice President John S. Franden, Commissioner Sara M. Baker, Commissioner June 11, 2009 At the City Council's request, ACHD staff performed a review of speed limits on several miles of arterial streets in Meridian. The attached memorandum and speed limit map show the findings of our study. In the majority of locations, the study findings support the Council's proposed changes to existing speed limits, and in those locations I believe we should change the speed limits accordingly. In other locations, existing vehicle speeds do not support the Council's proposal, and I will report in more detail on those locations and my recommended course of action for each of them. I look forward to the opportunity to report our findings to the Mayor and City Council. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387-6100 • FX 345-7650 • www.achd.ada.id.us INTER -OFFICE MEMO Traffic Department To: Bruce Mills Through: Terry Little From: Ross Oyen Subject: Meridian Speed Limits April 30, 2009 Traffic Engineering staff have completed speed studies at several locations where speed limit changes were requested by the City of Meridian. The locations requested were: • Locust Grove, Amity to Chinden (7 miles) • Franklin, Linder to Main (1 mile) • Overland, Stoddard to SH -69 (1/2 mile) We also reviewed the following segments: • Fairview, Eagle to Locust Grove (1 mile) • Meridian, McMillan to Chinden (1 mile) The City Council expressed interest in the Fairview segment but did not request a review of the speed limit at this time. Staff felt it would be valuable to evaluate the segment now, while recognizing that future development might affect vehicle speeds. The existing speed on the northern part of the Meridian segment is 45 mph, compared to the 40 mph posting on the parallel section of Linder and the requested 35 mph speed limit on the parallel section of Locust Grove. We evaluated the Meridian segment to see whether a speed limit reduction could be made at this time, in view of improving speed limit consistency along the parallel roadways. Locust Grove The City requested the following speed limits for Locust Grove: • Ustick to Chinden 35 mph • Victory to Ustick 40 mph • Amity to Victory 45 mph The speed study supports all the city requests on Locust Grove, except between McMillan and Chinden. The existing posted speed limit is 50 mph on that segment. The speed study supports a speed limit reduction to 45 mph as an initial measure (85th percentile of 49 mph, average speed of 44 mph), but a reduction to 35 mph appears to be premature. As home-building activity picks and new homes are occupied, side street traffic will increase and another speed study would be appropriate. While the speed study supports an increase from 40 to 45 mph between Amity and Victory, I would recommend against raising the speed limit on this segment. We set the speed limit at 40 mph as a result of increasing residential development in the area, and the Meridian School District opened the new Siena K-8 school in the section east of Locust Grove this school year. We already have school crossing requests for Locust Grove in this area, and the school district may determine a need to install a school zone flashing beacon. For those reasons, I would prefer not to raise the speed limit at this time. Franklin and Overland The City proposed an increase from 35 mph to 40 mph on the Franklin Road and Overland Road segments. Increasing the Franklin and Overland speed limits would bring those segments in line with the adjacent sections of those roads. The study fundings indicate raising the speed limit to 40 mph would be appropriate for both segments. Fairview The existing speed limit on the Fairview segment is 40 mph. The study indicates that the existing speed limit is appropriate, with an 85th percentile speed of 43 mph and an average speed of 40 mph. Lowering the speed limit to 35 mph would be unlikely to affect average speed by more than 1 to 2 mph and would likely result in a wider distribution of speeds and thus more potential for tailgating and passing. Meridian The existing speed on the northern part of the Meridian segment is 45 mph. The southern part of the segment is posted for 35 mph, and the two miles to the south are also posted 35 mph, so a reduction to 35 mph for the entire mile would be desirable. The 85th percentile speed for the northern part was 47 mph and the average speed was 43 mph, so I would not recommend a change at this time, but we will want to revisit this location as development occurs. I have attached a spreadsheet summarizing the speed data collected for each segment, including the existing speed limit, the requested speed limit and my recommendation, based on the study information. MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST All Things Transportation June 16, 2009 AGENCY COMMENTS CITY CLERK: BUILDING DEPT. PLANNING: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES COMPANY: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ITEM NO. 5-A Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 12, 2009 MEMORANDUM TO: Mayor Tammy de Weerd, City Council Members CC: City Clerk FROM: Caleb Hood RE: Transportation Update, Spring 2009 June 16, City Council Workshop Agenda Item Below is a summary update of some of the transportation studies and roadway projects Planning Staff has been involved with over the past couple months. This is not an exhaustive list, but rather highlights some of the more important activities that have recently transpired (or are about to transpire) in the transportation realm. Staff will be at your 6/16/09 workshop to discuss these items, but Staff does not intend to go through all of these projects in detail during the workshop. Instead, I will be available should you have any comments, concerns or questions you would like to discuss. 1. Studies (lead agency in parenthesis) • South Meridian Transportation Plan (ACRD): This study identifies future roadway, intersection and corridor needs in Meridian, south of I-84. ACHD and URS Staff presented the final draft of the study to the ACHD Commission during a May 27' public hearing. City Staff was present and requested that the area of overlap with the Boise study be clarified. The ACRD Commission voted to adopt the study provided the discrepancies between the South Meridian Plan and the Southwest Boise Transportation Study are rectified. The two ACHD-hired consultants and staff from Boise and Meridian are scheduled to meet on June 22°d to clean up the coordination shortfalls in these plans. Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org Page 2 • Transportation & Land Use Integration Plan - TLIP (ACRD) - The TLIP Steering Committee has been meeting about once a month to discuss the various maps, plans and policies related to TLIP. However, for the next couple of months ACHD Staff will be working with individual cities on their "Master Street Map". The Meridian Master Street Map meeting with ACHD Staff is scheduled for June 25, from 1 to 4:30 pm in the Planning Department conference room. At that meeting we will begin the process of providing street sections for individual streets and what we envision the roadways in Meridian to ultimately look like. The first three documents of TLIP, the Livable Streets Design Guide, the Complete Streets Policy and the Cost Share Policy, were all approved by the ACHD Commission on May 27th. Additional information about TLIP is available at: http://www.achd.ada.id.us/Departments/PP/TLIP.asp . • Rails with Trails (Meridian): Alta Planning & Design is under contract with the City to study and recommend an action plan for using the rail corridor. The project team will be in town on June 18th and 19th to 1) conduct a corridor visit and, 2) hold stakeholder meetings with Idaho Northern RR and several local agencies (COMPASS, VRT, ACHD, etc.). The study is scheduled to be complete by late summer. 2. Roadways in Design/Construction ITD • Ten Mile Interchange: A GARVEE funded project, the bids for this project were opened by ITD on June 9th. The apparent low bidder was Idaho Sand and Gravel with a bid of $34,798,013.46. This is approximately $20 Million below the STIP-estimated construction cost. Construction on the interchange should begin this summer and should be complete around the beginning of 2011. There will be a groundbreaking ceremony, held at the site (SEC I-84/Ten Mile), on Tuesday, June 23"d at 3 pm. • I-84, Garrity to Meridian: A GARVEE project, ITD is in the process of widening and reconstructing 6.2 miles of I-84 between the Garrity and Meridian Road interchanges. This project includes reconstructing the Robinson and Black Cat bridges which were re -opened earlier this year. Construction of the I-84 widening is scheduled to be complete in 2010. ACHD Attached to the last page of this memo is an executive summary of the ACHD roadway projects in Meridian. There are two of the projects that are color coded yellow, meaning there is an issue, and the rest are green, progressing as planned. The two projects that are yellow are Fairview Concept Design and Linder, Sawtooth to Monument. Below is a description of the two "yellow" projects and some other high-priority projects. Page 3 • Fairview Concept Design: The Policy Committee has requested an adjustment to the scope, schedule, and budget of this project. Due to the lack of public participation thus far, and the current economic climate, the Policy Committee believes that this may not be the best time to adopt and work towards implementing all of the draft Study recommendations. The Policy Committee is, however, in favor of completing the Access Management Plan in order to have it adopted by ACHD and the cities of Boise and Meridian so that the proper polices are in place regarding future development along the corridor. The Fairview Corridor Study was scheduled to be complete in August of 2009. However, with the request to change the scope and budget, this corridor will most likely be under study through the rest of the year. • Linder, Sawtooth to Monument: This project will construct a pedestrian path from Sawtooth Middle School through the Ustick/Linder intersection to near Tully Park this fall. However, an issue regarding right-of-way acquisition has recently arisen. ACHD Staff has informed me that they believe this project can be kept on track; the Commission recently approved the use of funds to purchase the right-of-way necessary to keep this project moving forward. After speaking with the project manager, Hugo Fregoso, on 6/11, he is confident that ACHD ROW Staff can acquire the ground necessary and the construction crews can build this pathway this fall. City Staff will continue to closely monitor. • Ustick and Linder Intersection This 6x6 intersection includes a traffic signal, bridge widening and sidewalks. Bid for this project has been awarded by ACRD; Construction is imminent. Project should be completed in the fall of 2009. • Split Corridor: -Phase 1 Construction is underway; to be completed in summer 2009. -Phase 2 Design process is nearing completion (approximately 75% complete). However, the recently adopted FYWP shows ROW in FYI & 12 and construction in FYI 3, this represents a one-year delay from the previous FYWP. However, this project is programmed in the further out years of the FYWP and may slip further back in future programs. NOTE: ACHD Staff will be present during the June 17th Council Workshop to discuss this project in further detail. • Eagle, Victory to Ridenbaugh Design and ROW complete and project is "on shelf". In the recently adopted FYWP this project is scheduled for construction in 2011. Staff will continue to Page 4 work with ACHD to make sure that this project is constructed ASAP (vehicle registration fees may be used on this project so it is constructed earlier). • 8`' Street, Cherry to Camellia This project includes the installation of sidewalks on both sides of 8' Street between Cherry Lane and Camellia Lane (in front of Meridian Middle School.) Project is currently designed (99%) and all the right-of-way has been acquired. Because this is an economic stimulus project, construction has been accelerated and is now scheduled for summer of 2009 (up from 2010). 3. Miscellaneous • ACHD FYWP 2010 - 2014 (ACRD): On June 27, 2009 the ACHD Commission adopted a FYWP for FY10-14. The Ten Mile/Franklin intersection and roadway widening up to Cherry is scheduled for construction in 2010; prior to the new interchange at Ten Mile opening. This is the only roadway or intersection improvement project in Meridian scheduled for construction in the ACHD FYWP for FY10. There are two pedestrian projects, using vehicle registration fees that are planned for 2010: 1) Locust Grove Road, Paradise to Red Rock, and 2) Linder, Sawtooth M.S. to Monument. The full FYWP can be obtained from the ACHD website: www.achd.ada.id.us • Transportation Task Force (TTF): The TTF Committee met once in April and once in May; the meeting scheduled for June was cancelled. The April meeting focused on transit in Meridian. During the April TTF meeting, Mary Barker and Margaret Havey, from Valley Regional Transit presented information to the TTF on Routes 40 and 42; a possible joint -venture with Boise City on an Ustick Route; and planning for a fixed -line service in Meridian using the "toolkit." During the May meeting, a discussion was held by the members about philosophy, goals and strategy for how transit service in Meridian may work and be funded in the future. Issues such as mass transit (filling buses) vs. lifeline service (offering the service at regular intervals), Access van service, frequency of routes (15 min., 30 min., hourly or am/pm peak only, etc.), horizon years, and other program elements were discussed. It was agreed that a zip code survey should be part of the planning process. The Commission talked about short and long-term service and when the first Meridian bus(es) may be running. After talking about priority corridors (Eagle, Ustick, Fairview) and identifying hot spots (City Hall, St. Luke's, Pinebridge, etc.) on a map the Commission decided that VRT and City staff should complete the work on identifying locations for bus stops and routes and regularly report the status of the transit planning process back to the TTF. As the process moves forward, it is assumed that transit "hubs" will be necessary to connect the stand-alone Meridian service in with the larger (Boise) service. Direction was given for staff as to what the outcome of the transit plan should be: "what would the service look like today, if we had funding for it?" The toolkit, survey, and other data will be used to come up with a preliminary service route for Meridian. The next TTF meeting will be on July 2na. Page 5 Meridian Road Interchange: The Mayor will be attending the ITD Board meeting on June 18`' to present the case for using GARVEE to fund construction. This meeting will be held at ITD District 3 at 8150 Chinden Boulevard at 10 am. We would like to show the ITD Board just how much we support the need for this very important project. If you are available to attend, please do. ACHD Joint Meeting: The City and ACHD have a joint meeting scheduled for 10 am on June 29th. Below, Staff has listed potential agenda items, and issues involved with the topic. Memos, detailing the agenda topics, will also be sent to the Council prior to the joint meeting. If there are additional (or fewer) discussion items that the Council would like to have with the ACHD Commissioners and ACHD Staff, please notify me. So far the agenda items include: ACHD — Meridian Joint Meeting topics (DRAFT) • Impact Fees To help spur new development, the City has recently agreed to waive Police and Fire impact fees for commercial development. The City would like to explore with ACHD the possibility of delaying developer payment on road impact fees until occupancy (not building permit) is requested. • Downtown Split Corridor Accommodating bicyclists and pedestrians in Phase 2. Potential turn lanes on Pine at Meridian Road; How will this impact parking in the area? • E. 2nd Street What was the ACHD Commission action on the MDC application for downtown? Is the conversion of E. 2nd Street to a one-way street moving forward? What is the timeline for full implementation of MDC striping and circulation plan for downtown? • Cost Share Policy How does ACHD envision the process working? Walk through of scenario(s) and how this policy will be used. • Meridian Speed Limits 0 Joint Meetings Page 6 Next meeting date. Please feel free to contact me if you have any questions or would like any more information on transportation projects. Additional information on most of the projects and studies listed in this memo can also be found on ACHD's, ITD's, or COMPASS' websites. M7 9 W C m MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. 5-B REQUEST Resolution No. Supporting the Rebuilding of Meridian Interchange AGENCY CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES 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: • JIU11 II IIIIUIJ. Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. Q q - LP - a BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN DECLARING SUPPORT FOR THE REBUILD OF THE MERIDIAN ROAD INTERCHANGE AS AN URBAN INTERCHANGE BY THE IDAHO TRANSPORTATION DEPARTMENT. WHEREAS, the Meridian Road Interchange is the second busiest interchange in the State of Idaho and is a regionally significant thoroughfare accommodating over 100,000 vehicles per day on Interstate 84, while connecting over 50,000 vehicles per day to the local street network; and WHEREAS, the existing Meridian Road Interchange was constructed in the 1970's as a rural interchange with 50 -foot spans across Interstate 84 with no pedestrian or bicycle facilities making it hazardous for travel in the urbanized environment that currently surrounds the Interchange; and WHEREAS, the Meridian Road Interchange is no longer sufficient to safely handle the traffic demands or meet the pedestrian needs of the traveling public; and WHEREAS, the Idaho Transportation Department GARVEE bond program is currently widening the Interstate 84 mainline between the Meridian Road Interchange and the Garrity Interchange from two lanes in each direction to four lanes in each direction; and WHEREAS, the existing 50 -foot span structure at Meridian Road cannot accommodate four lanes of interstate traffic in each direction, thus creating a "choke -point" delaying drivers commuting east and west on Interstate 84 thus significantly increasing road -user costs and hindering commerce and economic development in the Treasure Valley; and WHEREAS, the Idaho Transportation Department has submitted applications requesting that the Meridian Road Interchange Rebuild project be designated a High Priority Project in the federal surface transportation authorization bill; and WHEREAS, the rebuild of the Meridian Road Interchange was designated as one of the original High Priority Projects by the COMPASS Board, and is important to the vitality and quality of life in the Treasure Valley. RESOLUTION SUPPORTING THE REBUILDING OF MERIDIAN INTERCHANGE - PAGE 1 OF 2 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Mayor and City Council fully support the Idaho Transportation Department in their efforts to rebuild the Meridian Road Interchange as an Urban Interchange at Interstate 84. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this�LD y of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this lLP day of J\,Lnc--, , 2009. ATTEST: lX-11.1'1'EWT1 APPROVED: Mayor OoaP O q rd� ti o r 7 c� ELo 1st' �4 de Weerd RESOLUTION SUPPORTING THE REBUILDING OF MERIDIAN INTERCHANGE — PAGE 2 of 2 MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. 5-C REQUEST Budget Amendment for Heroes Park - Phase 3 Maintenance Building for $98,000.00 AGENCY COMMENTS CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: See Attached MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES 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. ssC< sos < ma�N Oso pt =v a a a� �� CD a m CD _ m (D c �--% cCD opo o mClcflW o3 �< 0 3 0 0 0 ,n, O a= n O Q O O' a 5' Sty N o ° m ""a= m N CD (D rL CD CL .0 :3 CD c� o,c'D=r "gym a� O (D — O g Gam' � (D • r O 0 N a CD m�3 �v 90 _� rtcfl -, D v a 0 c CD _ a� m o 5 m O =3 " m we'D"3 �wCL 0 0 c m o N Cl) w �a r mr« c CND co m CD �� aD c 00 0 r. cc = -C 1+ u) C:) = con 3 rn � � o a0M0 aft :o= o 3°°c �O: cD CL < cQ g o c O' O O m p 0 �p c 0 0 C N v_i Q v7 O 6 a Co (D tQ O1 0 a 0 n S Q p w O Q O a. n CD O 00 S (D . i, p .< rt31 O Og 3� .�. 3cc (D a O_0 O O O' m w eD o - m ID m Q- n; Q• �• n) o CD � = g CDCD,< cr CD c rs . 0) U) a ��o s r,N OL a) N d a �, m cn 0 (D d .a Q -o m a, 0) o,� Q co ,, Q. 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PLANNING: CITY ATTORNEY CITY POLICE DEPT: See Attached CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES 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. opW < W Wiml• �CD o to n, O O (D 0 03a0 eD or CD Co o o : m 3 m Q- � 3 M. ai c � O c°cQ 7• CD to co C 0 mdC.0 CD Na r O at(D O 0 c CD "a CL a 0. rp-9 =<o o ai 3 CCL L 3 ofD CL -0 @ m 0 eD m C O CD '* =r =h , 0 m at to C O N nCD n C CL CD C � 0)U2 O (fl m CD c eOD 0 (D '� Q. _ Ot G�3 &gyp CLa O m CL -h C. 0 O' rt N c O CCD c' . S =CO C Q 3 co m <D to N O C C. (DCD =r G. o Q CL M. E o v 3CL n� d� 0 cr c O n N mQ to C. .OQ Ot 3m v c to C. m 3 (D G. r* m o fD CD Q. 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A0 0 c zen r3 0 m—= 3 m m to m OU3 co a cl) m �Do a m ;' m to 3• Nq CD o p m t O N _ 0 -n m m x 0 _ O a e� .69w -W.69 49 �o 0 c C y CL H!2uWvO �mMZ mr�-K O O m ; W m �an-j Z r m cnM r N T! o vi -o HE— cf) > > < 7 V V O m z w 0 G)o m a 30 za vZ m z -i TI O I Todd Lavoie From: Jeff Lavey Sent: Friday, June 05, 2009 4:30 PM To: Todd Lavoie Subject: Re: Budget Amendment - Police Training Yes, it is intended to finish out 09 and I am not seeking any future increase for 2010 nor expect any carry forward. -----Original Message ----- From: Todd Lavoie To: Jeff Lavey Sent: Fri Jun 05 16:26:58 2009 Subject: Budget Amendment - Police Training Hello Jeff, I received your amendment and I have a few questions. The is a request to increase your spending for your Employees Seminars/Training line item by $4,760 based on excess revenues generated in March. I want to make sure that you have plans to spend this money by September 30th, 2009 as this request will not increase your FY2010 Budget or will it carried forward. Can you confirm that you have plans for this increase to your budget and that these funds will be spent by September 30th, 2009? Thank you and have a great weekend. Todd Lavoie Accounting Manager City of Meridian 208.888.4433 (P) 208.887.4813 (F) 1 MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. 5-F REQUEST Budget Amendment for Fire Safety Education for $13,228.00 AGENCY COMMENTS CITY CLERK: BUILDING DEPT. 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G] m a m K w r L, m Q�n LQ r• n ^ n o a ~h n � m m w K C N, rr ty N. p a m p ro a) m MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. S -G REQUEST Budget Amendment for Mayor's Youth Advisory Council for $3,393.00 AGENCY COMMENTS CITY CLERK: BUILDING DEPT. PLANNING: V" CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MAYOR'S OFFICE: See Attached MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES 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. 00oGm = A-- 0 0cc m� CD u+mCD0 o m 0 � 3 a . 0 =0c C� Crr am,0� W c CD a3<_.0 CL Ma c o cr 3' c0CDp� m �CD13-0 t0 3 =0.3 c`n13� CD 0 CCD d cr �c'cr r � mgo a.0 0 X00to0 = O to O 7 S 0�3 co N O O. oc3 ID cM.IA= w m c m Q• �m a� Q� c � CL CL to CD cu 3 v 0 0 CD n I. 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W 0 .0 N, •a ClID �co �C o r; y o o a > CD 5 u � � `° a Q CD CD OT �Q�CD a �0 R o �& :GCO7 -M<rnz mr� O � > m O m cn�*z - TrFd D C -)--I M C/)m D Z r r A A A A A A A An fA n m N N N N O a o o m a.c y M W W O h OHO � O M z mm r-3 o M32.< nc0�� w o 000mCD 33yw a CD mm 1D infDui 3. yCD 52 o o o 0 ni r D 0 m 0 m m x 0 0 � C N EflEfl{fl49-fA O O 0 G (a CD O. z0 �& :GCO7 -M<rnz mr� O � > m O m cn�*z - TrFd D C -)--I M C/)m D Z r rr C/) m 4 z 0 wo. v4 00 �m CD D 3v ZD _ �z O' m c mO z o cofn 3 0' z o fA ❑ O eD ❑ Z 4 z 0 o C` CD m Ud fA m (A D O z o z O z o m ❑ ❑ ❑ Z MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. 5-H REQUEST Budget Amendment for State of the City for $5,994.00 AGENCY CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MAYOR'S OFFICE: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES COMPANY: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed• COMMENTS Date: See Attached Phone: .31ull innicais. Materials presented at public meetings shall become property of the City of Meridian. 0w am CLV �co 0� CIl d m' 0 9 tD im_ o:1=c° U2 CD CL M a 0 so3 a c m CL n o. E. O t o cr o, CL CD cm o NCO CD CL �nmco m CDcar m = CL •m* U2 CL m R rt O to n � pf �:r 3 to Sm m CA O O CL CD 0� 3 0 UC q! 7 Ot dcr c N Q 7 U2 n � m w CLam c o. a 0 3 rf, cD FST' =r N � 3 CD CD c c CA CD S tli n su m m .o v c CD art 0 CD cQ m a c 3 m m o m CD m C) 0 o m CD 0) v a`? 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A= 7 n 0 O O O O W N W N =00 �W W N O40 a A -& O _ co) z r3 o 0 ` 3 z mm r3 o -6-nco��• mn0 < n� �, � O•° rn RMDo v m v m fD y o H ai tDt-n m N 3 y N 0. �fm(� Q Dm� 0 0 0 00 ai 3 0 0 [' z Z o C dn = D m m m N m � N x 7 Q. 'm 49,W 'o oa C y i M CL O S Zv O W---00 r O K-< T Z O m r O O X D m m M o Z r r co n N =r -, O (\ m n o f\ n R R a. Z o 7 ? o o m q r3 o ` 3 z � N � 0) rn rn v m v m m N (D (Da N N M Q 0 0 0 0 m 0 z Z M 0 r v4' 00 m as Zn z �z s m 7 a � 11 0 c o n � n MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. REQUEST Budget Amendment for Meridian Business Day for $4,500.00 AGENCY COMMENTS CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MAYOR'S OFFICE: See Attached MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES COMPANY: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 5-1 � C wE Mw z to�' =- m = W S CD CL n ,� co �,' f'D .c CDD n u, "= O Q ;w o :3. 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PLANNING: CITY ATTORNEY CITY POLICE DEPT: wplo CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MAYOR'S OFFICE: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES COMPANY: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed• Date: ITEM NO Phone: 131u11 nuiiuu. Materials presented at public meetings shall become property of the City of Meridian. 5-J Meridian Business Day Survey Results May 2009 Number of Responses — 81 15- T RECEIVED JUN ,16 2009 CITY OFcM CITY CLERKS OFFICE • 85% of respondents rated this event 7 out of 10 or better (with a 1 being a waste of time and a 10 being the Best Business Event They've Ever Been To) • 10096' of respondents felt the event was beneficial • 100% of respondents said they would attend an event like this again • 34.2% said they would attend an event like this twice a year, 34.2% said they would attend once a quarter, and 22.8% said they would attend once a year (8.8% responded with 'other' — mostly noting the more frequent the better) Other questions gathered feedback from respondents on what workshops they would like to see repeated, new workshops they would be interested in attending, what they would change/improve, and good news stories about businesses in the area. Economic Excellence Survey Results Spring 2009 Numberof Responses- 59 1. Why did you locate your business In Meridian? • Location o Centrally located o High traffic exposure o Close to honeA live here o Proximity to Bose o Conv enience • Growing area/Growth potential • Demographics • Community o Friendly people o Family friendly o Smaller town o Low crime rate • Business f reedo n (no red tape or local blocks) / thought the city leaders were advocates f or American -sty le freedom and property rights. • Market was not saturated in our industry when we opened • Property price and taxes were reasonable at the time of purchase • Great business climate • Best city in Idaho • Concept of Med/Tech Park 2. What are flue biggeststrenglis of 1his area in growing your business? • Location o Proximity to freeway o Access to work • Growing Area o Mix of residential and business growth o Room for growth • Demographics o Higher median income o Young area o Lots of children • Pro business environment —easy to start-up a business in Meridian o Low taxes o City Ga emment and their pro business attitude • Community o Family -friendly o Residents have strong canmuniy ties o Schools o HealthcareiHospitals • Networking o Referrals o Camaraderie • Chamber I of rastructure • Commercial lease prices • Healthy econany o Small/medium business startup and expansion activity Page 1 of 5 3. What do you view as your biggest challenge In growing your business? • Current economy o Slowdown of growth and construction • Advertising o Getting the word out on what we do, have to offer, why we are different o Marketing • Transportation o Traffic patterns - there are a few huge arterial road ways that get used and it is hard to buy property there for your business, so 1 think many businesses end up locating "off the beaten path" which can be hard to drive customers in o Traff is congestion o Lack of saf a pathways o Eagle & Meridian Roads are not traffic light sy nchroniz d • Higher costs o Fuel o Taxes o Insurance • Government o The White House and their giveaway policies o Government mortgage bailouts o Tax implications and regulationsf or adding employees. • Commercial banking conditions / limitations in the financial markets • Meridian Planning & Zoning o It should be abolished Cortrol the few business abuses by city ordinances only, such as noise, hazard, etc. o Zoning restrictions and fees. Get rid of this communist committee system. • Funding for expansion and permit fees (we are contemplating adding onto our house and converting some of it to offices w s just want utilties separate for hcme and ice) • Job creation • Increased competition (inside and outside the area) • No distinct downtown • Idaho power wanting to raise fees on developers • Time • Exposure, anchor stores went out of business X 3 • Collection of AIR, exacerbated by downturn in local economy. 4. If you could locate three other businesses around you that would benett your business (Le. supply chain partners or complimentary serviceslproductsl who would they be? • Technology/Software o IT Companies for large corporations o Software technology, atemate energy technology, biotech o Real / Cutting edge Technology companies o MA Labs or Synnex Computer/Technology supplier o Computer repair shop o Computer networkingfirms o IT support • Professional o Attorneys -Acct estate planning attorney L.T.C. or P.C. o CPAs o Insurance agents o Engineering Page 2 of 5 o Real Estate o Lenders/banks • Medical o Medical offices o Assisted Irving o Private practice Occupational and Physical Therapists who serve all ages. o Medical manufacturing o Prescription Benefits Managers o Psychologists • Major employer o Microsoft o GE a Food Sery ices of America • Grocery Store o Fred Meyer o Food market o Independent (one-man owned) grocer • Fitness Gym o Gold's Gym • Restaurants o Papa Murphy's o Food catering o Family friendly, small full menu restaurant • Goverment offices o Courthouse • Office supply o Staples o Copy center • Distribution / warehousing o Lennox distribution center (A&H supply) • Benjamin Moore Paints • Book Store • Product fulfillment • Outsourcing • Manufacturing • A top big box • Schools • Malls or commercial centers, service based businesses • Trade School that includes trades Ike auto repair, diesel and welding • Granite supplier • Blast sand supplier • Alcohol ev aluators and counselors • Court reporters • Collections agencies • Out of state asset based lenders. • Big Brothers Big Sisters • The city Pool • Allowing more homeowners to start home businesses for ANY LEGAL BUSINESS, without red tape (or fees/permits). In otherwords, business freedom. Page 3 of 5 5. Do you have contact wifi any other bus[ nessesipeople that are considering moving their company (either in the valley or outside this area)? If so, can you provide a name and contact Information? (Note: contact will only be made with approval from you) • Nobody I know wants to move here because of the cost of 'Conditional Use" fees or "zoning changes," which bureaucracy should be abolished completely. Let my neighbors pursue their own happiness. • John Prior, attorney, 465-9839 • Hopefully some start upbusinesdsfrnm Microns layoffs • No. The homeowners 1 know want to LEAVE, since they cannot pay $1,350 for a conditional use permit or $2,000 to 'change their zoning: People are hurting financially. Get rid of the govemment BLOCKS to entrepreneurship, which creates our jobs! • No, we are moving OUT, due to un-American zoning restriction of basic property rights and high school taxes. S. Do you view Nlerldlan as a pro business environment? If not, what specific areas do you feel need Improvement? • 41 'Yea's' o Just get the traffic downtown donel o However, no conmunty is perfect The property taxes are high o I would qualify that with an observation: sometimes they seem more focused on attracting new businesses than helping the ones that are already here to succeed. o But I feel that the state has negatively affected the business growth in our town. o I look forward to the continuing rev ital¢ation of the downtown area and the developments off Eagle and Fairview and the ten mile interchange area along with the medical technical park area by pine and eagle. o The only thing that I would say that needs to be addressed (and may already be) is making sure that policies and procedures are continually being rev leveed based on the economic tines For example, there are silt' sign restrictions on buildings that cause businesses to feel like they are being treated unreasonably? Often title things can keep companies happy and during tough times always going 'by the book" can make peoplefeel that a community is concerned about antiquated rules rather than them developing their business I an not say Ing this is happening o Except we need mass transit easy mass transit to Boise and other nearby communities, clear up to late night. o Need a one stop place for all building permits, utility pemrts, zoning applications, etc o Alway s need freeway access as well as north and south o As noted previously, I wish permit for sewedwater hookup etc were a little more reasonable. Not everyone who builds is putting in a 1,000 hone subdivision We just want to do an irfill project (add offices and maybe an apartment) Cly services are already there For someone like me who wants to use the equity in my home to build, these fees will eat up nearly all my equlty and leave nothing for building 0 1 would only lice to see the downtown become more busy and dense to stimulate growth in the hub rather than continuing to sprawl out o I have heard city can be difficult in getting permits but I have not experienced it • 6 'No's' o It was once. Is quickly becoming a dffcult environment. The building departments application of rules is sometimes impractical. o Cannot lease space in city hall and compete with the developers try ing to grow Meridian o It was, but it isn't now. Too many levels of bureaucracy. Design and review, WHY? o Get rid of the communist 'zoning committee' (and its immoral budget cost) altogether and return freedom to property owners. o This is America. If you own property, you should be FREE to open ANY LEGAL BUSINESS without ANY 'tee;' 'permit,' or 'zoning' restriction whatsoever. Otherwise; you are not a free American in Meridian 1 Page 4of5 0 1 think Meridian sometimes giv es off the attitude that they don't care it we are here and would rather not have business here Take the sign laws in Meridian in this econamy and we can't tell people where we are at. • Promotion of businesses, it seems there are diferent areas spread out that is not centrally located • Finish roadwork • 1 think the biggest area that affects Meridian, as wall as the whole state, is personal properly tea. I believe bringing technology and manufacturing businesses to Meridian and ourstate would be a huge benefit asfar as job creation and economic stability is concerned However, many other states do not have personal property tax When you are looking at manufacturing or technology jobs, personal properly tax is a huge chunk of money that they would not be charged it they located elsewhere. How can we be conpettiu a with a tax that punishes a part of our industry base that is key to economic stability and heath? • Mainly to put down old mindsets that growth is bad for an area by showing the amount of profit one obtains by being pro business and not for as many social programs. • Meridian needs to do A LOT more in the way of parks, green belts, traffic flows and Eagle / Meridian traff is congestion • Temporary/low cost signs -ability to post • Meridian is going to kill the downtown area with their "pedestrianf riendy" approach Look at Twin Falb. • City does their best with what they have and does it betterthan most cities • Traff is stands out, no easy way to get N and S • Meridian is really a suburb of Bose...that's all it boils down to. It needs to be a bit more serious y you ask me... Page 5 of 5 t. CKy Hall AWMIY M LCA Architects. Boihm coxtr artwo Zoos. MER r00,oao-sf municipal building should receive tEED Silver certificatiom a. Complex Care Hospital of kWW aat►urern The Estopinal Group Jeffersonvllle, Ind. compurm* 2006. Now. 600oo-sf acute-care hospital anchors the health, science, and techno[Wwrridor. 3•Main 5 AkOUT ets CSHQA, OWse. coarotsrrolrr T8D.swm Mixed-use residential project will reuse downtow resJtubie D Seed & Feed building; seeking LEEDcert&6on. 4. Verrgaworks Venture ARQiMIe ErsterlArchitects, Boise. COMPLti WM 2008. asxM 15.700-s.£ building contains flexible, furnished workspaces along with retail and conference space; seeking LEER Gold certification, POPftLAMNAMPLOVMENT More than 73,000 people reside in Meridian, up 13.1% from 2007; February Zoog unempbpYw t was7%. OFFICE MARKET Average asking rate, IQ W", $1*4 fuillervice grass, on 9% vacancy. RESiDFJM LLMRRKET Februaryao" median home sale price in Ada County. $180,goa. MARKET STREINIGTHS • Location at center of TreasureValley • Exceptional parks and recreational amenities • Cheaper than nearby "se MARKET CONCERNS • infrastructure, particularly Zroads • rawlingexurbs • Higher demand for services FORECAST 'Che [city's] expWSM growth, the demographks ofour population, and our location in the center oftheTreasure Valley are the key Items that make Meridian Interesting, provide us our strength, and also create our challenges,, comments CSHQA prftxVat Craig Slocum. business Meridian, Idaho mCrsrau =cffiweaevt.U" ogeeMOO= Drax MUD, Meridian has become Idaho's third largest dtyand is athu" business hub. The most mud trend in its transformation is a emu" approachto develrgrment. "The concept formed in the last coupleyears through the mayor'a vision and Otlbftanchor busft�explains Josh Grant a member ofthe dty's Economic Ramnence Team. Developer buy -in and co>eboration also were crit icalin moving the concept forward. The r goo -acne health, sdence, and technology conddor—which includes a new ft000-square-foot an t"we hospital (No. Z. above) and Idaho Stafne University's Meridian campus—is the fosL-The city has avision that includes several QUM corridors caaeniiybeing tamrched to identify vWbIs industry dusters," Grant s Anotherkeyto re-envisiOnimgMeridiart is revising the city's core."As davebVment has ommmed,ithas t ibmplwe outside of dcrwnt� says Crai9Slocum, princW architect with CSHO,A in Boise and chairman of the Meridian Damen{ Corp (MDC). "One of the dudtenges that Meridian faces is mairdrdning—or re-Creating—ft downtown - TO UNA end, a new City Hall (No. r, above) was built to consolidate many of the dip's services, drawpeople back to the area'. thug �� n S evelopmertt. Already, new projects are Says Slocum: "The AIDC andthe dty are committed to mating a vibrant waD able downtown." o MERIDIAN CITY COUNCIL MEETING APPLICANT June 16, 2009 ITEM NO. 5-K REQUEST Public Works Department Strategic Focus Update AGENCY COMMENTS CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY I 1S st') CITY POLICE DEPT: �� V CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MAYOR'S OFFICE: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES COMPANY: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: oiuii nuiiuia. 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Wl' 3 co Cn I E cz 0 n L cz A cz O 06 4-j 4--j L O cz U cz cn cz U) cz W ro C� U :4-a U CCS n O L cz C� W a) O E 0 CL 11 cn i O N rr CCS 4- O E Q O O CCS m a L LIM ..... . .. a47 l .(9 MR W-3 91 MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. 54 REQUEST Proposal for Acceptance of Credit/Debit Card Payments for Building Permits AGENCY CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MAYOR'S OFFICE: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES COMPANY: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS Q�Sclj 5s-ud Date: Phone: s rl M' c.9 H, 0 Rif 8 n � 3 q s 8 8 8 n 3 $ s MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST State of Development Services Division June 16, 2009 AGENCY COMMENTS CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY CITY POLICE DEPT:6- c - �j CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MAYOR'S OFFICE: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES COMPANY: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: ITEM NO. 5-M Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. r ,, Points CD 0 0 0 0 O �(D 0 W CL cn C4 N MT n CD Ch cn C CD K m(D - - D m m \✓ olltl�lll X113 ^ O 0 CD CD (D 0 �< VJ <_ D n �1 0 ( CD W l '^ cn — —f� � }L 0 / r < (CD (D (D 0 (D 3 —i, � OD Q U) 0 O CD Q n N � (D ;=;: Cl)!(D cn co�^^ mm:, 0: O O C/) J. T (D l / lV r�r^^ VJ � Q 0 ^Z7 , (D (D �< (D (D W D (D cc; �f 0 p�- � ''m^^ ZT 0 �(D �y1 /\ ?y (D :(D (D < 0 (D ® m 0. m(D ^c _� PPnn VJ 0 Z cy' W CL cn C4 N MT n CD Ch cn C CD K O Q $14,187 $59,322 XVIM-1 E JUN 16 2009 CITY OFCMu,e� CITY CLERKS OFFICE Police Fire Eagle Commons $649 $2,706 Eaglewood Office $1,057 $4,400 AEI Flex Shell $580 $2,430 Westburough Square Bldg. C $340 $1,510 Westburough Square Bldg. D $340 $1,510 The Hub $1,600 $6,675 Portico $7,980 $33,250 Taco Time $140 $580 Brighter Beginnings Daycare $250 $1,050 Sonic $91 $381 St. Lukes $450 $1,875 Kerwin Shop $140 $580 Shaylee Estates 570 $2,375 $14,187 $59,322 XVIM-1 E JUN 16 2009 CITY OFCMu,e� CITY CLERKS OFFICE MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. 6-A► REQUEST Ordinance No. AZ 08-016 Southridge 31 by James L. Jewett AGENCY CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MAYOR'S OFFICE: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES COMPANY: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6 BOISE IDAHO 00122109 01:06 PM DEPUTY d Allen RECORDED- REQUEST OF II I I I II II I II I II IIII II I I II IIII I I II I III Meridian CIV 109073128 CITY OF MERIDIAN ORDINANCE NO. t 14 1 q BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 08-016 SOUTHRIDGE 31) FOR ANNEXATION OF A TRACT OF LAND SITUATED IN THE SOUTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERNIINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO M -E (MIXED -EMPLOYMENT 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: James L. Jewett & ECK Family Limited Partnership, etal. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT (Ada County) to M -E (Mixed -Employment 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 08-016 SOUTHRIDGE 31 PAGE 1 OF 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of ,Tanc, _52009. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this JAYCEE L. HOLMAN, ANNEXATION - AZ 08-016 SOUTHRIDGE 31 PAGE 2 OF 3 STATE OF IDAHO, ) > ss: G County of Ada On this _Zeday of , 2009, before me, the undersigned, a Notary Publi in and for said State, person a eared TAMMY de WEERD and , known to me to be the Mayor 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)\����tuuw�uii��i �,. DEE j C, .. NOtq? AarO�% :�s1 A`Bt IC ANNEXATION - AZ 08-0I6 SOUTHRIDGE 31 PAGE 3 OF 3 A . 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TIE Uir t11 MERIDIAN CITY COUNCIL MEETING June 16, 2009 APPLICANT ITEM NO. 7-A REQUEST Executive Session per Idaho State Code 67-2345 (1) (c,f,&j) AGENCY CITY CLERK: BUILDING DEPT. PLANNING: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS: CITY PARKS DEPT: MAYOR'S OFFICE: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICES COMPANY: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: „u„ I[ li llul, Materials presented at public meetings shall become property of the City of Meridian. Date: COMMENTS Phone: