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HomeMy WebLinkAbout2009-07-28~ ,r,~r1 v~~S -`~~,! E~ ~sv ~ vvo~x-r~~~n ~ ~. ~ a~ .tea ~a~ir'v'a.~.~~ s ~- ~e~t ~l ~G hn a h r~~ E IDIAN1--- ~~ ~ ~~ ~i ~ CITY COUNCIL REGULAR MEETING AGENDA ~tnn'` ~~ City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, July 28, 2009 at 7:00 PM Mayor's Noted Copy `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: X David Zaremba Brad Hoaglun ~_ Charlie Rountree Keith Bird ,~ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Retired Minister David Kruse with Treasure Valley Worship Center: 4. Adoption of the Agenda: ~~~ ~~ 5. Consent Agenda: ~~~~ ~~ A. Approve Minutes of June 29, 2009 City Council Special Meeting: ~,~prOY~ B. Findings of Fact and Conclusions of Law for Approval: RZ 09- 002 Request for Rezone of 10.13 acres from R-8 (medium density residential) to TN-R (traditional neighborhood residential) zone for Crossfield by Pride, LLC -south side of W. Ustick Road and west of North Blairmore Way: 1~~rOY~ C. Amendment to Development Agreement: MDA 08-007 Request to modify the Development Agreement for Solitude Place Subdivision by Solitude Development, LLC -east side of Meridian Road and south of McMillan Road: /~ppr~~L Meridian City Council Meeting Agenda -Tuesday, July 28, 2009 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Memorandum Agreement Amendment to Collective Labor Agreement between the City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 for Wage Schedule from October 1, 2009 Until September 30, 2010: d~- E. Weed Abatements of two properties: ~~a`~ 3273 N. Elmstone Ave., Meridian $225.00 4656 Station Place, Meridian $240.00 For a Total of: $465.00 F. Development Agreement: AZ 08-014 Request for Annexation and Zoning of 2.74 acres from RUT district in Ada County to the L- Odistrict for Kings Con re ation Church by King's Congregation - 1201 E. Victory Road: ~~~ C G. Agreement Accepting Proposal with Idaho Painter's Guild to Display Artwork in Initial Point Gallery from July 24 to August 28 and Establishing Terms and Conditions: ,/~p~l(()~C- H. Approve Award of Bid and Contract to Hillside Landscape Construction for Heroes Park Phase 3 for $1,054,353.60: ~~~~ I. Task Order No. 10086 with Hydro Logic for Well Complexion Reports for $120,000.00: ~ . ~l~l~a/e 6. Department Reports: A. Mayor's Office: 1. Presentation of Employee Recognition Awards: ~eSeriri~ c~( 2. Treasure Valley Partnership / Depart Envir mental Q lity Air Quality Campaign: 7. Items Moved from Consent Agenda: ~da~a P 8. Continued Public Hearing from June 23, 2009: I Plan: C~' 102 ~1k~1.~. C.> N ~ ~ g 9. Adopt PY2009 CDBG Action Plan: ~~ 11 i an Pam ~ of ~~ on Meridian City Council Meeting Agenda -Tuesday, July 28, 2009 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilifies related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 10. Adopt Tentative Budget for Fiscal Year 2010 and Fiscal Year 2009 Amendment:~c~C~ ~ ~do~}- ~-~~~d~- ~,~ 11. Public Hearing: VAR 09-002 Request for a Variance to UDC 11-2C- 3A.1, which requires a 25 foot landscape buffer to nonindustrial uses; applicant requests to reduce the buffer width from 25 feet to 5 feet adjacent to eastern property boundary for Porky Park by VJ Joint Venture - south side of East Pine Avenue and east side of North P 'nci le Lan~~~ . (Lot 6 & 7, Block 2 of Porky Park No. 2): ~~~~ 12. Public Hearing: 2009 Plannin De artment Fees: -~ r. 13. Ordinance No. Proposed No. 09-14221 Amending Title 1, Chapter 6, Section 5, Meridian City Code, Regarding Compensation for the Mavor of Meridian (1S Reading): ~ 14. Ordinance No. Proposed No. 09-1423 AZ 08-014 Request for Annexation and Zoning of 2.74 acres from RUT district in Ada County to the L-O district for Kin s Conc re ation Church by King's Congregation -1201 E. Victory Road: ~~C~,-L 15. Executive Session per Idaho State Code 67-2345(1)(f) - to consider and advise its legal representatives in pending litigation): o~~~ ~ ~ ; DLO Y~O. J Meridian City Council Meeting Agenda -Tuesday, July 28, 2009 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~E IDIZ IAN~- ~J CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, July 28, 2009 at 7:00 PM "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd . 2. Pledge of Allegiance: 3. Community Invocation by Retired Minister David Kruse with Treasure Valley Worship Center: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 29, 2009 City Council Special Meeting: B. Findings of Fact and Conclusions of Law for Approval: RZ 09- 002 Request for Rezone of 10.13 acres from R-8 (medium density residential) to TN-R (traditional neighborhood residential) zone for Crossfield by Pride, LLC -south side of W. Ustick Road and west of North Blairmore Way: C. Amendment to Development Agreement: MDA 08-007 Request to modify the Development Agreement for Solitude Place Subdivision by Solitude Development, LLC -east side of Meridian Road and south of McMillan Road: Meridian City Council Meeting Agenda -Tuesday, July 28, 2009 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Memorandum Agreement Amendment to Collective Labor Agreement between the City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 for Wage Schedule from October 1, 2009 Until September 30, 2010: E. Weed Abatements of two properties: 3273 N. Elmstone Ave., Meridian $225.00 4656 Station Place, Meridian $240.00 For a Total of: $465.00 6. F. Development Agreement: AZ 08-014 Request for Annexation and Zoning of 2.74 acres from RUT district in Ada County to the L- Odistrict for Kings Congregation Church by King's Congregation - 1201 E. Victory Road: G. Agreement Accepting Proposal with Idaho Painter's Guild to Display Artwork in Initial Point Gallery from July 24 to August 28 and Establishing Terms and Conditions: H. Approve Award of Bid and Contract to Hillside Landscape Construction for Heroes Park Phase 3 for $1,054,353.60: I. Task Order No. 10086 with Hydro Logic for Well Complexion Reports for $120,000.00: Department Reports: A. Mayor's Office: 1. Presentation of Employee Recognition Awards: 2. Treasure Valley Partnership / Department of Environmental Quality Air Quality Campaign: 7. 8. 9. 10. Items Moved from Consent Agenda: Continued Public Hearing from June 23, 2009: PY2009 CDBG Action Plan: Adopt PY2009 CDBG Action Plan: Adopt Tentative Budget for Fiscal Year 2010 and Fiscal Year 2009 Amendment: Meridian City Council Meeting Agenda -Tuesday, July 28, 2009 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 11. Public Hearing: VAR 09-002 Request for a Variance to UDC 11-2C- 3A.1, which requires a 25 foot landscape buffer to nonindustrial uses; applicant requests to reduce the buffer width from 25 feet to 5 feet adjacent to eastern property boundary for Porkv Park by VJ Joint Venture - south side of East Pine Avenue and east side of North Principle Lane (Lot 6 & 7, Block 2 of Porky Park No. 2): 12. Public Hearing: 2009 Planning Department Fees: 13. Ordinance No. Amending Title 1, Chapter 6, Section 5, Meridian City Code Regarding Compensation for the Mayor of Meridian (1S Reading): 14. Ordinance No. AZ 08-014 Request for Annexation and Zoning of 2.74 acres from RUT district in Ada County to the L-O district for Kings Congregation Church by King's Congregation -1201 E. Victory Road: 15. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda -Tuesday, July 28, 2009 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting July 28, 2009 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, July 28, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Others Present: Ted Baird, Tara Green, Pete Friedman, Warren Stewart, Tracy Basterrechea, Mark Neimeyer, Matt Ellsworth, Bill Parsons, Steve Siddoway, Todd Lavoie and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Good evening. I will go ahead and get tonight's meeting started. Thank you all for joining us. I will start tonight's meeting -- oh, for the public record it is Tuesday, July 28th. It's a few minutes after 7:00. We will start with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) De Weerd: I would like to welcome our Boy Scout here tonight. It's always good to see a scout in the audience. So, welcome. I think I saw you at the 90th anniversary celebration, so -- we have the oldest Boy Scout troop in the state of Idaho. So, we are very proud of that. Item 3: Community Invocation by Retired Minister David Kruse with Treasure Valley Worship Center: De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by retired minister David Kruse with Treasure Valley Worship Center. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Welcome. Kruse: Thank you. Our Heavenly Father, we do thank you for this privilege that we have to gather together under a free country, Lord. And, Father, we do want to thank Meridian City Council July 28, 2009 Page 2 of 33 you so much for the men and women who are fighting to preserve that freedom that we are enjoying right now. And, Father, I want to thank you for each leader that is here today, each Council member, each department head, Lord, I pray a special blessing and a special amount of wisdom on them as they make decisions for this great city and, Father, we thank you for those who are in attendance, who are bringing business to be discussed before this Council. Now, Lord, I just pray your annointing would be upon this entire evening, in your precious name we would pray it, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, pastor. I would like to offer you a City of Meridian pin for joining us tonight. Item No. 4 is the adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the agenda tonight there are two blank spaces on page three. Item 13, the ordinance number should be 09-1422. Item 14 the ordinary number should be 09- 1423. And there are no other changes to the agenda. I move we adopt it with those changes. Hoaglun: Second. De Weerd: I have a motion and a second to adopt the agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of June 29, 2009 City Council Special Meeting: B. Findings of Fact and Conclusions of Law for Approval: RZ 09- 002 Request for Rezone of 10.13 acres from R-8 (medium density residential) to TN-R (traditional neighborhood residential) zone for Crossfield by Pride, LLC -south side of W. Ustick Road and west of North Blairmore Way: C. Amendment to Development Agreement: MDA 08-007 Request to modify the Development Agreement for Solitude Place Subdivision by Solitude Development, LLC -east side of Meridian Road and south of McMillan Road: D. Memorandum Agreement Amendment to Collective Labor Agreement between the Citv of Meridian and Meridian Meridian City Council July 28, 2009 Page 3 of 33 Firefighters I.A.F.F. Local 4627 for Wage Schedule from October 1, 2009 Until September 30, 2010: E. Weed Abatements of two properties: 3273 N. Elmstone Ave., Meridian $225.00 4656 Station Place, Meridian $240.00 For a Total of: $465.00 F. Development Agreement: AZ 08-014 Request for Annexation and Zoning of 2.74 acres from RUT district in Ada County to the L- Odistrict for Kings Congregation Church by King's Congregation -1201 E. Victory Road: G. Agreement Accepting Proposal with Idaho Painter's Guild to Display Artwork in Initial Point Gallery from July 24 to August 28 and Establishing Terms and Conditions: H. Approve Award of Bid and Contract to Hillside Landscape Construction for Heroes Park Phase 3 for $1,054,353.60: I. Task Order No. 10086 with Hydro Logic for Well Complexion Re orts for $120,000.00: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Hoaglun: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: Meridian City Council July 28, 2009 Page 4 of 33 1. Presentation of Employee Recognition Awards: De Weerd: Thank you. Item 6 under Department Reports. I get the honor of kicking off the Department Reports and I -- there are three awards that we were not able to recognize during our employee picnic and so we asked them to join us tonight, so we could honor them in front of our City Council members and so, Council, I'm going to go ahead and move down to the other podium. Okay. We start with 2009 director of the year and since we all know who these folks are, it's not going to be any surprise, I will ask Mr. Bany to, please, come and stand with me while I read some information about his nomination. Mr. Bany is honored this evening as the 2009 director of the year as he works as a strategic partner with other city departments to help the city achieve its missions, goals, objectives. He understands the needs of the employees he supervises, as well as others. He is respectful and open to new ideas, as well as challenging this staff and thinking beyond the way things are normally done. He expects his staff to be professional, yet allows them to be creative, innovative, and flexible to adapt to the needs of the community. He is professional, courteous and is committed to making a difference and he has made significant contributions to his department in bringing them together to look to the future and to succeed as one, truly exemplifying the city's values of customer service, accountability, respect and excellence. It's my pleasure to recognize Tom Bany as our 2009 director of the year. It should be Ralph as the director of the year. He spends as much time as we all do here. Barry: Well, thank you, Madam Mayor and Council Members. I appreciate this honor and this is a testament of the will and the determination, dedication of my staff and certainly I'm grateful for the friendship and advice of all the directors who have befriended me and I'm grateful for your leadership and support, Council members, and certainly Madam Mayor and just honored with this and thank you again. De Weerd: Thank you. It's also something that we like to honor those that give back to our community, so it is an honor to recognize these two awards this evening. The first is our 2009 volunteer of the year award and I will ask Jamie Allen to, please, come and stand with me. We are honoring Jamie tonight as our city 2009 volunteer of the year, because he has been volunteering with the City of Meridian for more than 17 years. During that. time he has personally contributed to support and success of a stunning number of projects, programs and events. He's put countless hours -- sorry, Jamie -- in rallying for some of the fundraisers for the troops. He gives blood to the Red Cross blood drives. He's also been involved in other community service projects. Teams were formed from the Public Works Department and this individual was all about helping to get people together to paint the town. He also has made a real big difference in bringing awareness and inspiring others to make a difference as well, such as the Backpack For Kids that was to help benefit the food drive, rally his department to come together to help contribute, because it's a good cause #or the kids. He is respectful, kind, and always willing to go the extra mile in getting people involved and coming Meridian City Council July 28, 2009 Page 5 of 33 together for a good cause. It is my honor to give and present this award to our 2009 employee community service award to Jamie Allen of the water department. De Weerd: So, that was the employee community service award. Got it a little bit off cue there. Now, I will tell you a little bit about volunteer of the year award. Our community has numerous citizens who step forward and give back to our community and I can tell you that this is a tradition in our city and it is the spirit of that volunteerism that our community was built on and certainly our volunteer of the year has exemplified that and walks this every day. She has been serving our community for almost two decades and during that time she's been involved in a variety and a number of projects. She's made a huge imprint on several of our departments and certainly on our community as a whole. She has worked many hours with the Light My Fire organization helping with two big events and raising over 25,000 dollars for a public education and burn out fund. She also spends her time with many other Meridian groups, such as the school district, Meridian High School football, Meridian Assembly of God Church and Meridian Optimist Football. I am very honored tonight to recognize the volunteerism and the spirit of Meridian for Mary Calhoun, if she will, please, come forward. Calhoun: I just want to say that this is awesome and I know that there are tons of people who do so many things in this community that are probably far more deserving than I, but I take this with great honor and pleasure and I know this woman over here, you know, she started out getting parks in the city and so you're right about that spirit of service in making a difference and it's huge. You have an amazing fire department who goes out there, they have fun, and they work hard and this is a tremendous community to raise a family and to be a part of and I'm proud to receive this. Thank you so very much. 2. Treasure Valley Partnership / Department of Environmental Quality Air Quality Campaign: Discussed. Motion to approve $5,000.00 and Bring Back Budget Amendment De Weerd: The next item on our agenda under 6-A-2 is our Treasure Valley Partnership and to talk with you tonight about the environmental air quality campaign and Robert will be addressing this item for us. Simison: Madam Mayor, Members of the Council, thank you for the time. I just want to give you a brief update about what the Treasure Valley Partnership has been up to. As you're all aware, the ozone issues in this community and the valley are now stranger to the problems that exist. So, you may not remember from last year, but at the Mayor's State of the City we played one of the commercials that DEQ had done regarding the ozone situation. Unfortunately, due to budget cuts they weren't able to do that again this year. So, what DEQ did was -- my sense of what DEQ did, the Boise Ad Federation -- Advertising Federation approached DEQ and said we would like to take you on as our -- essentially their community service project and what they did was they said we would like to make people aware working with you about the current ozone situation and come Meridian City Council July 28, 2009 Page 6 of 33 up with a campaign to try to encourage people to reduce their use by ten percent, whether that's through driving or not mowing the lawn at certain times of the year to help reduce our overall emissions program. Funding was an issue for this to be done, but they came -- the Treasure Valley Partnership, and said this is something that's important, we'd like your backing as well and Treasure Valley Partnership decided to help fund the creation of two commercials that Boise Ad Federation and the DEQ is trying to promote through the valley through an ad campaign. So, I don't know if we have the audio, but hopefully we can at least play these videos so you can see what was purchased or what was put together by the Treasure Valley Partnership. (Video played.) Simison: It does not want to load right now, so I'll just go ahead and continue. If he gets it up we can go back to it. But this is what the Treasure Valley Partnership worked together to put together as an ad campaign. The two television ads were created to inform the public about the problem and where to obtain information. They created a website, treasurethevalleysair.com, which is where they are directing people to find out information about what's going on. They are doing all the things that many people are doing these days, using social media to spread the word. They have asked the city to get them up on their website and help promote and we have done that as well, put those up on our city website. One thing that they have done -- and part of the reason why I'm here tonight is they have worked out agreements with many of the local stations to do a two for one media buy. For every dollar that they put in they will be matched two times by the -- by the media to play this over the summer. So far, you know, their goal is 100,000 dollars, but they aren't near that goal at this point in time, but they have came and to this date the City of Boise has said we will support this to the tune of 15,000 dollars for a media buy and so I'm here tonight to let you know that this is what they are doing and to see if this is something that the City of Meridian would also like to support for a unified campaign that would be run in the remaining months of the summer on this program and we -- you know, there are a couple of different areas where we would talk about where the funds could come from, but wanted to show this to you and get your feedback and your thoughts. Is one up, Matt? (Video played.) Simison: So, with that I'd stand for any questions you might have or ask for the Mayor's input if she has additional information she'd like to provide. De Weerd: Council, this is something that was requested of the Federation of Ad -- whatever -- to be involved in the air quality awareness campaign and they have, at no cost, done all of these commercials, have developed this campaign and it was the Federation's campaign -- or contribution to this cause in building awareness and so I guess as each mayor is asked to go back to their cities to see if there is some form of support. That is why it's brought to you today to really help. The summer months or the weeks to come with this heat is certainly the time that we really need to get these messages out. So, I would ask if there are any questions or comments. Meridian City Council July 28, 2009 Page 7 of 33 Rountree: Madam Mayor, maybe you could enlighten me a little bit in terms of the status. It seems to me like we are a little late on this particular campaign and we are in violation, have been in violation, and probably are soon to be determined to nonattainment. So, I would think another message is probably appropriate, as opposed to the ones I'm seeing. Am I correct or am I going the wrong direction here? De Weerd: We don't know -- this year has not been a bad year thus far and although we are still moving forward and hoping to get emissions testing valleywide, it looks like DEQ is going to have to come in and make a determination on that one. So, the recourse the rest of us have to do is to build this educational campaign on ways that we can all change our own behaviors to have a more positive impact. The ten percent of -- reducing your driving habits by ten percent, timing your different daily activities with those actions that have the VOC emitters, those -- those are kind of the activities that have a large impact as well. I guess we can't go back and unrng the bell and so we are looking at ways that we can make a difference in the short term as well and a lot of that is by daily habits and behaviors and an educational piece that builds the awareness as to how we can minimize the impact of our own actions. And I know, Councilman Rountree, it doesn't go back and specifically address your question, but I can't. Rountree: Well, I guess my concern is that it seems to me that it ought to be educational, as opposed to slapstick comedy. Do people out there understand what's going on with the ozone and why it's even something to be concerned about, let alone trying to figure out what those two ads meant. I mean I understand what they are trying to do, because I have been involved in it, but, you know, the average citizen, even if they read the newspaper, probably doesn't have a sense of the impact that nonattainment is going to have on us and to me that's where the education ought to be. I mean you're looking at stifling an economic rebound in -- you know, with business and industry to some degree. De Weerd: Last year we had an ad series that was certainly the doom and gloom and you saw those ads during the State of the City. What the Federation did this year is they had four different scenarios that they showed a test group and what caught their attention and had some kind of an educational impact and this series -- those two ads that you saw and there is two more that are quite similar to them, were the ones that had the greatest impact. So, that is the ones that they did bring forward and fully develop. So, I guess that's all I can tell you as the background as to where those came from and how they stepped up to bring a campaign again this year, whereas DEQ couldn't, as well how the media outlets have stepped up and tried to meet -- meet us halfway. Rountree: Which, Madam Mayor, I think that's great and I don't make my comments, as opposed to funding and moving forward with these activities, but I'm just not sure I got anything out of what I saw. Meridian City Council July 28, 2009 Page 8 of 33 De Weerd: Well, we do hope that it drives the traffic to the web for information and the web has been -- I guess not -- polluted is not the right word, but has been loaded with a lot of educational information on how individuals and businesses can make a difference is today's quality issues to make a more positive impact. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess in support of President Rountree's comments, I would agree that sometimes many of these things are preaching to the choir, those of us that already understand what the issues are see something like that and know what it's talking about. Whether the average person that doesn't pay that much attention would get it or not I'm not sure. I would think that the Mayor's last point that we are hoping this would drive people to do further research, it would help -- even if you use the slightly comedic ad like these, if there were some crawl at the bottom of it referring them where they could get further information -- and I think that could probably be added fairly cheaply. Use the same videos and sound and just have a crawl, you know, for further information, whether it refers to our website or a DEQ website or something, if does pique somebody's interest, they could go there and with that in mind, at the end of this conversation is going to be whether Meridian should contribute some money to this campaign, I could see doing that, but I would like to see a little more connection to the information and if a crawl could do it, that would help me. De Weerd: I think that the ads are done. I mean I don't think we are in a commenting period, but I can pass that comment on. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Just a question for you and Robert. We only know what the city of Boise is contributing to date? Simison: They are the only ones who have actually confirmed a donation to this point in time, yes. There are others who are considering it. University of Idaho is considering supporting this initiative. There is a local business in Nampa that's very big in environmental issues. They are kind of leading in the VOC shop body, they have got some special technology, they are considering sponsorship. So, I think they have 20 to 25 thousand dollars in -- in potential sponsorships right now, but only 15 are confirmed from the city of Boise. Hoaglun: It's -- Madam Mayor, just a comment. It's -- you know, we understand the issue, we need to get the people to change some habits. At the same time it's tough when all the partners are not pulling the wagon in the same direction and that just makes it very -- very difficult. Meridian City Council July 28, 2009 Page 9 of 33 De Weerd: It does and you would hope that certainly the Canyon county cities and county would step forward as being a stronger partner in this. However, with that said, all we can do is look at what actions we take and not wait for others to do what is right, we need to look at what is right for us and make the determination based on that. Any other comments? Rountree: Madam Mayor, Robert indicated he had some information in terms of amount and where it might come from in the budget, so I'd like to hear those numbers and whose budget it would come out of. Simison: Well, only make a recommendation, but, you know, whether it was a 5,000 dollar potential donation that could come out of the Idaho Power funds for -- would be one example. You know, that's money that's not necessarily budgeted for other things, but it has been presented for opportunities, so this could be one of those locations. There are, obviously, other locations. City Council does have funds available to them in your special projects if this is something you felt like you wanted the funds in there. So, those are two potential options at this point in time and, you know, 5,000 is just a recommendation, whether or not you want to base that upon the amount of Boise's contribution in proportion to us, which is about a third based on population. But that's at your discretion if that's something you're supporting. Rountree: And the timing? Simison: Obviously, the quicker the better, because, then, they can't go out and do media purchases until they know what funds they have available to them. They haven't given a drop dead date at this point in time, but I would think that if we let them know by next week. I can't see them holding off on a campaign into August. Rountree: Thank you. Simison: And with no City Council meeting next week that would put a decision from you guys until the 11th. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: To move this along, I guess I'll make a motion that we support the air quality effort with preference to emphasize directing the public to the website for further information in the amount of 5,000 dollars to be funded through the Idaho Power energy grant. Bird: Second. Zaremba: Second. Meridian City Council July 28, 2009 Page 10 of 33 De Weerd: Okay. I have a motion and a second. Any discussion? Okay. Madam Clerk, will you, please, call roll? Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: Well, ask that you do a budget amendment to dedicate these specifically to that from the fund and we will have it on the agenda on the 11th. If Council can authorize at least the expenditure at this point, that would just be a necessary paperwork trail. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I would amend my motion to add that it is the -- constitutes a budget amendment in the amount of 5,000 dollars. De Weerd: Okay. Second agrees, Mr. Bird? Bird: Second agrees. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Just to clarify, are we talking about this coming -- we split that 100,000 into two five -- two 50,000 pieces. One of them went into this year's budget and one of them held over unassigned for 2010. Are we taking that out of 2010 portion? De Weerd: Yes. That would be my assumption. Bird: We have already spent 50 for this year. Rountree: We have already obligated this year's. Bird: I'd say it's coming out of the -- Rountree: Next year's. De Weerd: Okay. Well, good, Todd just heard that action taken, right, Todd? Meridian City Council July 28, 2009 Page 11 of 33 Lavoie: Yes. Rountree: Say yes. De Weerd: Just say yes. Lavoie: Madam Mayor, Members of the Council -- De Weerd: Yes. Lavoie: I'm sorry, I heard you on the TV talk about a budget amendment. Today's action is to approve fiscal year 2009 budget amendment, so for any more funds that we want to spend for fiscal year '09 would have to actually wait until '10, since you are amending the budget today. We cannot go higher than the number -- sorry. Iran down here. Can't go higher than the number that we quote tonight. So, the number that you say that we propose tonight, we cannot amend the budget any farther vertical. De Weerd: But tonight they can increase that amount by 5,000 dollars. Lavoie: You do have the option to increase the number that I presented to you earlier today. De Weerd: Okay. Lavoie: Very good. De Weerd: Thank you. I do have a motion on the floor to -- to clarify the previous action. So, Madam Clerk, if you would, please, call roll on that. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Thank you. Thank you, Council. There were no items moved from the Consent Agenda. Item 8: Continued Public Hearing from June 23, 2009: PY2009 CDBG Action Plan: De Weerd: Item 8 is a continued public hearing from July 23rd on PY-2009, the CDBG action plan. Ellsworth: Thank you, Madam Mayor, Members of the Council. On June 23rd of this year City Council reviewed and opened up a public comment period and hearing for the Meridian City Council July 28, 2009 Page 12 of 33 draft program year 2009 CDBG action plan. As you're all aware, that action plan has gone through the public comment process and where ultimately this is going is to forward an adopted action plan onto HUD no later than August 17th coming up later on this summer. So, on screen here we have in the center -- or the center column, excuse me, the proposed funding amounts for the various projects, which I'm going to hold off on going into for today, I think you're fairly well aware of what all those mean. I'm happy to elaborate if you feel that would be beneficial for tonight's discussion. During the public comment period the city did receive a letter from the Boise City Ada County Housing Authority. As you can see in the draft plan the allocated amount to continue the home buyer assistance for qualified low to moderate income home buyers was 20,000 dollars. The total amount that the housing authority was allocated in the current program year 2008 was 50,000 dollars. The housing authority has successfully expended some of those funds, they are doing great work, they are implementing this year's allocation as described in last year's action plan and the more I considered that recommendation in light of the other funding amounts for the various activities that we are considering for next year, I identified a couple of projects that may be somewhat overallocated in the draft, which are reflected, again, coming up here in the third column, which is staffs recommendation on these allocated amounts that is before you this evening. The two activities that are proposed for potential decreases in funding in order to offset the 30,000 dollar increase to the Housing Authority are the Five Mile Creek pathway, which was previously slated to receive 50,000 dollars. That would decrease, based on staffs recommendation to 33,000 dollars. A little bit of background about that project. That is one project that currently has some of the left over funds from previous program year that are -- that are available for that purpose to put toward that project. We haven't started spending money on that project just yet. We are still in negotiations with property owners and, in any event, the difference in that 15, 17 thousand dollars that staffs proposing to decrease, wouldn't necessarily impact the timeline for construction of that project. The second project -- or activity, rather, that jumped out to staff is one to potentially consider to decrease in order to increase the level of funding for the Housing Authority is the facade improvement support that's slated for provision to MDC and the original amount that was -- that was proposed by staff for that activity was 40,000 dollars and MDC in discussions with the administrator has very preliminarily and tentatively identified one good potential candidate project for use of continued funding coming up here for next program year, although at the same time MDC's administrator's didn't have any assurances from that property owner on a timeline for moving that project forward and at the same time MDC is still working with the property owner to start working through some of the funds from a previous program year. That's another one that has some cash on the table for those activities at the moment. One of the big reasons for staffs recommendation this evening is the timeliness expectation that HUD has of its entitlement communities. They, basically, come in and run a check once a year and they have a certain percentage of an annual allocation that they look for. If you're above that, if you still have more money than what they look for in your account unspent, that's an issue for them. There are a lot of needy communities, there are a lot of good projects that you can put those funds to and they expect you to use the funds. We also -- we are in good shape for this year's check. Looking forward to next year's check, again, there are several -- several projects that Meridian City Council July 28, 2009 Page 13 of 33 aren't spending funds -- funds quite as expeditiously as we may have hoped. So, to make sure that we are in a position where the timeliness issue won't become an issue in HUD's eyes, that's kind of the other reason why staff took a look at those two projects to consider for us a possible reduction in funding coming up next year. Again, the on-the- ground impact to either of those two projects would be somewhat minimal. MDC's administrator also indicated that in decreasing their level of funding in next program year from 40,000 down to 25,000, that the preliminarily identified project could still come together with that amount of funding to make a difference to the project site. So, again, the proposed allocated amounts are in the center column there, that's the draft that's in front of you for consideration this evening. The amounts allocated as recommended by staff are in the column on the far right. The two actions that are requested before you this evening are to, first, consider any additional testimony that there is. The public hearing is still open. The action, then, to take would be to close the public hearing and, then, finally, to seal up the allocation amounts for next year's action plan. Based on that direction staff will make any necessary revisions to the plan and bring it back on next week's consent agenda for -- for final consideration prior to forwarding on to Department of Housing and Urban Development. So, with that I'd stand for any questions. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Mr. Zaremba? Zaremba: Madam Mayor, I would ask to confer a second with our parks director on the impact of 17,000 dollars less. De Weerd: That would be you, Mr. Siddoway. Siddoway: I was thinking of a question of my own for Matt -- Zaremba: Yeah. Siddoway: Go ahead. Zaremba: I just was seeking your comment and maybe ask your question of Matt. Siddoway: Yeah. Matt, if I understand correctly, the decrease that's being proposed tonight to the Five Mile Creek pathway, you're saying that amount could be made up by the funds that are in the carryover from the other fiscal year? Ellsworth: Madam Mayor, Members of the Council, Mr. Siddoway, I didn't provide adequate background about -- about the situation with Five Mile pathway there and I apologize for that. As some of the -- the left over funds from previous program years, Meridian City Council July 28, 2009 Page 14 of 33 the first year the city received CDBG funding, City Council approved an amendment that's since been forwarded to HUD to fund that pathway project to the tune of 45,000 dollars. That money is still on the table. We haven't yet started spending funds for this project just yet. So, regardless of the action taken tonight, the level of funding on next year's action plan -- the 45,000 dollars is still there. The estimate for the design of that project was in the neighborhood of 40,000. Staffs thought was the 45,000 dollars that's currently on the table, with the addition of 33,000 dollars, would still allow site prep, it would allow -- it would allow the city to wrap up any outstanding environmental -- start looking at purchasing equipment, fencing, that sort of thing, in order to still keep that project moving forward this program -- or next program year, regardless of the total level of funding there, if it's 50,000 dollars or 33,000 dollars, that's not nearly enough to fully construct that pathway project next year. So, that level of decrease would not wind up impacting the -- the timing for construction of that project. What would wind up impacting the construction of the project is the level of funding you could receive in the following program year, program year 2010. Siddoway: So, in the description of this table, Five Mile Creek Pathway -- is it environmental construction that those -- is it CN construction? Ellsworth: It is. Siddoway: Okay. And so that was -- the amount that was in there was just a portion of of the construction anyway and these funds would be used to finish the design and environmental work and the actual construction would be determined by a future year; is that correct? Ellsworth: Madam Mayor, Members of the Council, Mr. Siddoway, we'd need to be completed in a future program year. If Council were to adopt staffs recommendation this evening, then, the total amount of funding that would be on the table right now for the Five Mile Creek pathway project is 45,000 from a left over or previous program year, plus 33,000 and -- math's not my thing -- 77,000? Siddoway: So, it can start with these funds and, then, complete with future year's funds? Ellsworth: That's correct. Yeah. The 40,000 would go to design. Whatever is left over could start the construction of the pathway with the anticipation that at the start of the following program year, October 1st, 2010, we could come in with the following year's allocation to complete the construction that program year. Siddoway: And even with the original amount it still would have required additional funding in a future year? Ellsworth: That's correct. Meridian City Council July 28, 2009 Page 15 of 33 Siddoway: Okay. Well, if it still would have required additional funding and we have enough here to get through design and environmental and begin construction, the difference, then, would depend on the future year -- I think that has to be up front, but with that knowledge and if Council is comfortable with acknowledging that the -- there is still funding for construction that would be needed in a future year's CDBG grant program, then, I think this keeps us whole. Thanks. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I guess this is more of a process question than a numbers question, but if -- this case in particular, the Five Mile Creek pathway, if we got close enough to completing it and next year all of a sudden the economy started getting better and the city took in a little more money and the city decided to use general funds to complete it, could we, then, the following year ask the block grant to pay us back for that? Ellsworth: Madam Mayor, Members of the Council, Councilman Zaremba, I think the answer is no. And I'm still learning the ropes on the CDBG program, but I wasn't under the impression that you could -- you could use the funds for reimbursement in the way. -- my first -- Zaremba: I suspect your answer is probably correct. Ellsworth: Yeah. Zaremba: I had to ask. Ellsworth: Sure. Hoaglun: And, Madam Mayor, a question for Matt. De Weerd: Uh-huh. Hoaglun: Previously in past the draft plan showed 20,000 for affordable housing. We had allocated 50 in previous years, is that what I heard you say earlier? Ellsworth: Madam Mayor, Members of the Council, Councilman Hoaglun, that's correct. In the current program year, program year 2008 -- and, remember, they run a little bit behind the calendar year, but in program year 2008 the Housing Authority's allocation was 50,000 dollars of which they have fully spent and drawn down 30,000 dollars. They are well on their way to expending the remaining funds for that, so -- Hoaglun: To follow up, then, Matt, this will show when the fed audit the books, since they are able to use the money, this allows us to put money into, one, a need and, number two, into a program that can use the money in the current -- in the program year Meridian City Council July 28, 2009 Page 16 of 33 to show that we are just not stock piling these dollars and not getting them out on the ground, is that -- am I correct in my understanding on that? Ellsworth: Madam Mayor, Members of the Council, Councilman Hoaglun, that's correct as well and what they do when they come in for their annual check is they look to see how much money you have in your CDBG account relative to your annual allocation and if the amount in the account is 150 percent of an annual allocation, that's a problem for them. Again, we are not in any trouble for it this year, they will come in and take a look coming up in August and we have drawn enough funds that it won't be a problem- for this year, but we do still have some projects that aren't spending the funds as quickly as originally anticipated. BCACHA, as a subrecipient, as been at the opposite end of that spectrum. They are spending their money. They are spending in on exactly what they said they were going to spend it on and so it's an opportunity to stay out in front of that timeliness issue that could be of concern to HUD. Hoaglun: Thank you. De Weerd: So, Matt, who is not spending their money? Ellsworth: Madam Mayor, Members of the Council, Meridian Development Corporation has left over from 2007 55,000 dollars. I'm trying to think back to the 2007 year plan. The demolition project came in in the neighborhood of 80,000 dollars under budget, so that's a project where we had to reallocate those funds. Again, some of that money went to the Five Mile Creek pathway. That's a project that hasn't yet started spending funds, although it's relatively newer than the funds that were originally adopted with that '07 plan. Habitat For Humanity at the moment for the current program year, program year 2008, has 60,000 dollars and they haven't spent those dollars just yet. Conversations are ongoing with them and they are working on it. That's going to be the case with any of the subrecipients that haven't yet spent the funds. It's different for each of them and I don't want to point any fingers at anybody, but just circumstances change and so forth. Again, we are not in any trouble for this program year in our current -- the amount of funding we have in our account is not going to raise any flags for HUD at the moment, but, again, just in getting out in front of it and making sure that we are in the same position next year, meaning there is not an issue for HUD, staff thought it might be appropriate to recommend projects that have already proven that they are spending these funds and that they will continue to spend these funds. De Weerd: Well, I guess I hesitate on the facade. I guess I'm reluctant here. Five Mile Creek, Council has stated, has been a priority project and it's been a new project that is currently underway and there is great progress on it. The facade improvements, MDC hasn't let anyone know that those are available, but this one project, that might be delayed because of the economy. If it's something that the city needs to help let people know facade improvement assistance is out there, certainly one of the goals of these funds have been to help with the blight in our downtown and to divert something away from that without the knowledge that we have done everything we can to help raise the awareness that this money is available. To divert it because it hasn't been used, I don't Meridian City Council July 28, 2009 Page 17 of 33 know as maybe inappropriate, but, you know, I don't know. Certainly is the discussion and decision of this Council, I do know what those original intents were and we have dedicated a lot of that to the affordable housing piece of it, but it was to be broader than that. It's a worthy piece, but it should have been broader than that and that's my point. Ellsworth: Madam Mayor, Members of the Council, another option to consider as we approach that next annual check that HUD will come in to do is if there are still any activities that you have to spend funds, then, the city structure the agreement such that we can reallocate those funds. In other words, if a subrecipient isn't moving forward based on the timeline that they originally outlined, then, the city has the right to steer those funds elsewhere. So, maybe -- maybe the solution is a little bit of both and that the city can -- can help assisting in getting the word out and as we get closer to some of those deadlines, any of those left over funds that haven't been spent in years past, as support is rallied for the facade improvements program, we could begin diverting unspent resources toward the line of folks who are ready to move forward with facade improvements. And I'm just throwing that out for consideration. De Weerd: Well, Matt, I appreciate those comments. You know, I guess right now the Community Development Block Grant money has been looked at, as well as the TIF from the downtown business owners saying, you know, where -- where is there some kind of a matching program for us that we might be able to do something as well and that's why I bring it up. It has been something that is on their mind in the last several months and they have been pretty vocal about it and so that's why I raised that point and that is the one area that we can bring to the downtown and are we hasty in making that decision. Certainly diverting the money to affordable housing is at a critical need, but we also have a commitment to a balanced program if the monies can be expended. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: 1 would just add a comment that I -- I would like to pass along the thought to the subrecipients that this is right now the time to be spending money in the community. If there is money available to bring into the community and spend, our citizens and employee -- public sector employees need that money to be spent and I would encourage them not to be sitting on money. I guess that's my only comment. De Weerd: You have an easy job, Matt. Zaremba: Thank you. Rountree: Madam Mayor? De Weerd: Yes. Meridian City Council July 28, 2009 Page 18 of 33 Rountree: A process question. The two actions that have been requested is, one, close the hearing and, then, two, distribute the funds. It seems to me that we ought to distribute the funds in the plan and, then, close the hearing. Is -- De Weerd: Have testimony. Rountree: Have the testimony. Ellsworth: Madam Mayor -- Rountree: What's your read on the regulations there, Matt? Ellsworth: Madam Mayor, Members of the Council, Council President Rountree, from what I recall in the past it has been to call for an opportunity for any additional testimony, to consider the testimony, close the public hearing, and, then, render a decision on the overall amount. Mr. Baird may be able to weigh in on that. De Weerd: He's nodding his head. Baird: Madam Mayor, Members of the Council, that sounds very reasonable and consistent with past actions. De Weerd: Thank you. At this point, Council, I will ask for any public testimony. I do have someone that has signed up on the public hearing sign-up sheet. Jillian Patterson. If you will, please, state your name and address. Patterson: Okay. My name is Jillian Patterson and I'm at 10990 West Hidden Brook in Star, Idaho. De Weerd: Thank you. Patterson: Madam Mayor, Members of the Council, I am the grant programs manager for the Boise City Ada County Housing Authority. Over the last year the Housing Authority has developed a partnership, as Matt has stated, by being a subrecipient of CDBG funds. First of all, we'd like to thank you for the opportunity that you have given us to have that program. We have been able to provide assistance -- downpayment assistance and closing costs for families over the last year who have purchased homes in the City of Meridian. Two of the families, who are both single mothers with children and, then, a third family have purchased homes that have been affordable, safe, and stable for them and their children. Without this assistance these families would not have been able to purchase the homes. The Housing Authority is also currently coordinating with your office, a ownership even towards the end of August to recognize one of the families that has purchased a home, as well as the efforts of the partners to that made it happen, the Housing Authority, the City of Meridian, and, then, participating lenders. So, we are looking forward to that as well to get that out into the community and let people know that this assistance is available. We'd also like to thank Matt and Meridian City Council July 28, 2009 Page 19 of 33 the planning department for their continued guidance on how to manage our program. We feel we have a very successful program because of their leadership and support. We did submit a letter on July 16th commenting. We understand the funding priorities and the importance of the other projects. We also know that -- of the importance of affordable housing and homeownership right now especially in the community and that has been our goal and our focus of this program. Currently, low income families who desire to purchase a home in Meridian have very limited resources for downpayment and closing cost assistance. Idaho Housing and Finance Association has suspended all of their ADE and American Dream funds at this point. Lenders often use home start grants from Home Federal loan bank. They, too, are out of funding until next April. So, the CDBG assistance is really the only resource at this time for families to use to purchase a home in the City of Meridian. So, we ask that you reconsider the funding that's been allocated to next year's project and awarded the Housing Authority 50,000 dollars. If we are awarded we are very confident we will be able to provide this assistance to additional families over the next year, as well as expend the funds within the time frame. This will -- the funding will further our goals and City of Meridian's goals and strengthen our partnership with you and in the community. And, again, we thank you and if you have any questions for me I'd be happy to answer them. De Weerd: I guess, Matt, the parameters with the low income housing assistance, do those have to qualify in those defined parameters that we have established, or can they be anywhere in the community? Ellsworth: Madam Mayor, Members of the Council, the homeownership assistance is not tied to the RMI area. The beneficiary at that point is going to make the determination as to whether or not it benefits a low moderate income individual, rather than an area type benefit. So, it's not geographically constrained. De Weerd: And the additional funds that we receive -- sort of the stimulus funds outside of the specific Community Development Bock Grant dollars, how much was that additional money? Ellsworth: Madam Mayor, it was 65,000 dollars. In the neighborhood thereof. De Weerd: Okay. Thank you. Okay. Is there any other testimony on this item? Council? Hoaglun: Madam Mayor, I do need to ask Matt one more question. I just have to be sure. I don't have quite the depth of the history here on some of these things. You had mentioned the 80,000 dollars that was used for -- was it demolition, I believe, or some sort of deal like that, but not all the funds were needed. It came in under budget. Is that part of the MDC funding that they still have and can that -- and that's carry over funds, can that be directed towards the facade project if it's needed or is that slotted for a different project? Meridian City Council July 28, 2009 Page 20 of 33 Ellsworth: Madam Mayor, Members of the Council, Councilman Hoaglun that's somewhat separate and the situation there was the -- the demolition project was initially allocated in the neighborhood of 110,000 dollars and that project was completed for around 30,000 dollars. So, there was leftover give or take 80,000 dollars in the 2007 program year. City Council has since gone back and amended the 2007 program year's plans to reallocate those funds. Forty-five thousand of that -- of that 80,000 dollars did go to Five Mile Creek pathway project. I believe ADA upgrades to the community center was also another additional recipient of those left over funds, as was public services assistance to the Meridian Food Bank, from what I recall. I need to go back to my notes to know for sure. But the same principle could apply coming up in -- in future program years with any unspent funds or funds that we needed to reallocate from the current program year. Hoaglun: Okay. Thank you. That was very helpful. De Weerd: Thank you. Any other questions from the Council? Rountree: I have none. Bird: I have none. De Weerd: Okay. Council, I would entertain a motion to close the public hearing on this item. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we close the public hearing on PY 2009 CBDG action plan. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Item 9: Adopt PY2009 CDBG Action Plan: De Weerd: Okay. And Item 9 is the adoption of the PY 2009 CBDG action plan. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council July 28, 2009 Page 21 of 33 Rountree: I would move that we adopt the 2009 CDBG action plan with the changes in allocation of funding only to apply to the public facilities in affordable housing, the public facilities amount originally shown in the draft at 110 -- or 105,000 be reduced to 88,000 and that the affordable housing originally shown at 20,000, be increased to 35,000 and that the recommended change in the slum and blight program remain as we originally allocated and I would suggest to the folks sharing the digs on either side of me this evening go to MDC and build a fire under them and get moving. That's been a priority with the Council. End of motion. Bird: Second. De Weerd: I have a motion and second and will light a fire. Any comments? Hoaglun: Madam Mayor, just a comment. I don't know if it's a fire that's needed or if the economy is just at the point where folks out there want to do something, but they are in a position that they can't do much. You know, I think it would be great if we can light a fire, but I don't want to get our expectations and hopes up too high that, you know, we light a fire and, boy, that rocket takes off, because I think there is other factors out there that are at play. So, you know, as long as we kind of keep that, that, yeah, there is hope to want to do things, but there is also market -- the commercial market out there that's not moving very far very fast. Rountree: Madam Mayor? De Weerd: Just -- in a minute, Mr. Rountree. And just in terms of discussion, I think that the MDC has put all their eggs in one basket and have only talked to one property owner. The information about the facade improvement program or grant opportunity has not really been widely distributed, so it's hard to say if that's true and as Matt has pointed out, if there is a need to redistribute these dollars differently when we see that those dollars are not being spent, we can do so at that time. Hoaglun: Well, Madam Mayor, just to respond, then. It sounds like we need to build a bonfire. De Weerd: Absolutely. Mr. Rountree. Rountree: Your last point was the point I was going to make about redistribution. De Weerd: Okay. Any further discussion? Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 10: Adopt Tentative Budget for Fiscal Year 2010 and Fiscal Year 2009 Amendment: Meridian City Council July 28, 2009 Page 22 of 33 De Weerd: Thank you. Item 10 is adopt the tentative budget for fiscal year 2010 and fiscal year 2009 amendment. I will tum this over to Todd. Lavoie: Mayor -- Madam, Members of the Council, in your packet you should have received an inter-office memo. Today's goal is to tentatively approve the fiscal year 2010 budget and to amend -- to adopt -- or to approve 2009 amended budget. If I could just follow up on the discussion about the 5,000 dollars that you spoke of earlier regarding the budget amendment. De Weerd: Lower. Lavoie: Well, the -- Robert and I spoke about it and we do have the money available in the fiscal year 2009 budget, so we will not need to do an amendment this fiscal year. So, the number that I have proposed to you will take into consideration the availability to spend 5,000 dollars. So, with that we just need a Council member. I imagine President Rountree to read off the inter-office memo and I'll ask if you have any questions I can answers them. Bird: If you can read it good luck. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Before we do that, just to clarify on the 5,000 dollars, what account is it being taken out of, then, in '09? Lavoie: Well, we actually did a budget amendment for the entire 100,000 dollars in fiscal year 2009. So, we have the availability to spend 100,000 dollars in fiscal year 2009. If we do not spend it all we can use it also in fiscal year 2010 and amend the budget at that time to spend the money needed for the projects that you desire. Does that make sense? Zaremba: If that's -- it won't be on paper, we just understand that what we think we are carrying over for next year is 45,000, instead of 50,000. Lavoie: If that's what you end up spending, yes. Zaremba: Okay. De Weerd: Okay. Any further questions? Thank you, Todd. Okay, Council, I'm looking for a motion. Rountree: Madam Mayor? Meridian City Council July 28, 2009 Page 23 of 33 De Weerd: Yes. Rountree: I will move by reading the memo that the Council approve the proposed revenues and expenditures for fiscal year 2010 of 65,076,673 dollars and, two, the Council approve the amended revenue and expenditures for fiscal year 2009 in the amount of 76,848,472 dollars. Hoaglun: Second. De Weerd: I have a motion and a second. Any discussion? Hearing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: VAR 09-002 Request for a Variance to UDC 11-2C- 3A.1, which requires a 25 foot landscape buffer to nonindustrial uses; applicant requests to reduce the buffer width from 25 feet to 5 feet adjacent to eastern property boundary for Porky Park by VJ Joint Venture - south side of East Pine Avenue and east side of North Principle Lane (Lot 6 & 7, Block 2 of Porky Park No. 2): De Weerd: Thank you. Thank you, Todd. Okay. Item 11 is a public hearing on VAR 09-002. I will open this public hearing with staff comments. Friedman: Madam Mayor, Members of the Council, Bill Parsons is the staff planner that has been processing this application, so I will tum the presentation over to him. Parsons: Thank you, Madam Mayor, Members of the Council. Before you tonight is, again, a variance request to reduce the landscape buffer along the eastem boundary of the subject property that we are discussing tonight. The site is located approximately a half mile east of Eagle Road and located on the south side of Pine Avenue. To the north of the site is residential property, zoned R-4 and R-8. To the west is vacant industrial land. To the south is developing industrial land, which is, basically, storage condos and, of course, the topic of tonight's discussion is the L-O property on the eastem boundary, which is the Lewis & Clark Middle School. If you look at the aerial map this pretty much tells the story of what's going on in the area. You can see where the two lots are located on tonight's topic and you can see how the school site is in relation to that property. Staff met with the applicant, pre-app'd with them and they wanted to do a spec building on this property and wanted to review that site and they came up with this plan and it came to staffs attention that they would have to -- based on the current code requirements they would have to do a 25 foot landscape buffer adjacent to the eastem property boundary, because the school site is a nonindustrial use. Staff did inform the applicant that he could -- in order to process -- to get that reduction we would have to process this as a variance application, because the width of Meridian City Council July 28, 2009 Page 24 of 33 that buffer is a dimensional standard and we cannot -- staff cannot evaluate that or reduce that, if you will, through a compliance process. So, the only way code requires us to reduce that buffer is to process it as a variance. Right now the site is vacant, undevelopable land -- or developable land, excuse me, and it really isn't a hardship and stuff really had a hard time trying to make the findings. The one thing I did want to point out to you is if you look at my arrow here, along Pine Avenue when this was part of the Porky Park Subdivision No. 2, this access point upon that avenue was granted with the approval of that subdivision. So, that access is currently 16 feet from the eastem property line. So, access does, in fact, impede the site from complying with the 25 foot landscape buffer. But, as I mentioned to you earlier, since there is -- the applicant still could pull that out and still comply with the 25 foot landscape buffer and this is vacant ground. There really isn't any conditions or a building that would exempt them from complying with that performance. If you look here, the applicant also has an access road to the west and it's a local street and it's showing two access points there as well that could actually provide adequate access to this site. What I do want to go back to is also this aerial that's also along the eastem property boundary, as you see in my arrow here going north and south, there is also an irrigation easement -- a 20 foot wide easement there, which wouldn't necessarily impact the 25 foot requirement, but the applicant has sent an a-mail saying Settlers Irrigation -- Irrigation District has agreed to allow trees to be planted within that buffer. My understanding is the applicant is working towards a license agreement for that to happen, so, again, that applicant would have to provide that with CZC approval with the CZC submission showing that those improvements could occur on there. The applicant contends that because the existing building or the proposed building and the existing school site are -- would be roughly 255 feet apart, that there really isn't a need to have the 25 foot landscape buffer. What I have also done, too, is put some arrows here to demonstrate how much separation exists between the building and the south property boundary and how much distance exists for the west -- east side of the building to the east property line. Right now on this -- on this site plan that the applicant submitted to staff, it shows roughly 46.5 feet. The distance from the south building to the south property line is 118 feet, so a semi could, technically, come around in that area and still take access onto that local street, Principal Way -- Principal Place. Excuse me. As far as the westem boundary, the applicant -- excuse me. The eastem boundary, the applicant could technically do a 25 foot landscape buffer. Provide a 25 foot wide driveway access to meet fire department requirements and still be able to meet the requirements per UDC and the fire department. So, again, staff had a tough time trying to meet the findings -- again, the property is vacant. There aren't any conditions that would preclude the applicant from complying with that, other than, again, the access points to Pine Avenue. The applicant's here. I did not receive any comments from the public or the applicant regarding the application and staff would be happy to answer any questions Council may have of me. De Weerd: I guess my only comment is the reason for those buffers were for transition between incompatible uses. We are facing the back side of the school and probably green space that is never used. So, the buffering is already naturally happening in this case and I don't know if that can be considered as part of the variance in looking at -- Meridian City Council July 28, 2009 Page 25 of 33 you already have a huge buffer zone going on to transition over. I know you can't make those determinations and it is for this Council, but the whole idea of those landscape areas was that transitional piece to it. The back of the building and a lot of green space probably is not heavily used, because it is on the back side, probably fits the intended purpose, even though it's not on their property. But I know your hands are tied to the interpretation of the ordinance and -- and we will see what the applicant has to say. Which I will invite you forward now. Miller: Okay. Got woke up from my nap. De Weerd: How could you fall asleep during these lively discussions? Miller: Stimulating discussion. De Weerd: If you will, please, state your name and address for the record. Miller: My name is Brad Miller with Ronald W. Van Auker, Incorporated. 3084 East Lanark in Meridian. De Weerd: Thank you. Miller: Madam Mayor, Members of the Council, thank you very much for taking up this item. I appreciate planning staffs dilemma here. I mean it is a dimensional standard, but as you look at it it doesn't make much sense to have a 25 foot landscape buffer right there. You have, like Bill said, over 250 feet between our proposed building and -- and the school and you are correct, Madam Mayor, in that that area of the school is not used. There is a drive through there, but it's not used -- the lawn is not used for activities and there is no -- I mean you have -- you have doors there, but that's not used as a main entrance, by any stretch of the imagination. One of the keys to -- to our buildings -- we build industrial buildings and this will be a flexible building here, but one of the keys to our buildings is ingress and egress of trucks. That's the most critical factor with our buildings. We have to have, number one, adequate truck maneuvering area. One hundred twenty feet from the back of the dock is about adequate there. Anything less than that is not adequate and we also like to have the ability to drive through and around the entire building. That first driveway there off of Principal Place, you would not enter any -- no trucks would enter off of there. You want to keep the vehicles -- the automobiles and the trucks separate. And, then, the other factor -- Bill suggested that you could tum a semi around in that back with the 118 feet we have there. Well, if there is other trucks that are backed up to the docks you can't do that. So, our objective is to make it as functional as possible and allow trucks to get in and out of there as easily as possible. You don't want to narrow down that area between our building on -- the east side of the proposed building and the property boundary there, because you have problems with trucks getting around the comer there. Given the economic situation which we are all aware of, I think it's pretty gutsy of Mr. Van Auker to want to build a spec building in this market, but he wants to do it and we are committed to do it and this is our last hurdle to get our building permit, so we would ask Meridian City Council July 28, 2009 Page 26 of 33 for your consideration on this. You know, if I thought adding more landscaping would have any material impact on the school or on us or help anybody, I would be more than happy to -- to talk about it, but I think the proposed landscaping buffer that we have there would be more than adequate. I don't think anything is gained by adding more. De Weerd: Mr. Miller, is the landscape buffer that you're proposing, is that on the irrigation district easement? Miller: It is. The -- Madam Mayor, there is a fence there on our property line. The actual imgation pipe is on the school's property, but the easement area centers on the pipe and extends on both sides. So, in talking to Nathan Draper at the irrigation district, there is no problem with landscape in that area, but it's not used for access at all. All access is on the school side and -- De Weerd: Did you get that in writing? Miller: -- the landscape buffer is not even required. All we can do is -- we can just plant whatever we want there, within reason. De Weerd: Get it in writing. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess it's the thought of -- maybe you said anything you want is fine, but -- Miller: Within reason. Zaremba: Yeah. Well, to me the value of a 25 foot landscape buffer is that you can plant a bunch of trees in it. I'm not sure you can do that with a five foot landscape buffer with trees that would get any size are going to hand over into the driving area and I certainly have no problem with the idea of saying, you know, there is so much green space on the other side that this could be an exception. What I'm thinking of asking is instead of planting the trees in your five feet, would you be willing to offer the trees to the school district and have them planted on the -- probably on the other side of the Settlers Easement on their property. Miller: You know, I'm not -- you know, I don't have a problem with that. Zaremba: I like the idea of having trees and I'm all for -- the reason is we need trees, but -- Meridian City Council July 28, 2009 Page 27 of 33 Miller: It would have to be outside of the easement area, probably on their side, but I'm not opposed to that. I mean if we want to say that we would be willing to plant five trees, two trees, one tree -- Zaremba: Let's see. One, two, three, four, five. However many you would have planted in that distance on your side, it had been a 25 foot landscape buffer, would probably be, what, seven or eight trees. If you would be willing to move them onto the school property and outside of the easement, I'd be real comfortable with this. Miller: Assuming we could get the school district's approval and -- Zaremba: Yeah. Miller: -- I'm sure that they would be agreeable to that. De Weerd: I'm really saying just offer it to the school district. Hoaglun: Madam Mayor, question for Mr. Miller. Typically how tall are -- how tall are these types of buildings that you're looking at putting on on here? Miller: About 30 to 35 feet on the outside. The exterior wall. Hoaglun: I was just curious, does the five foot buffer give you enough access if there needs to be a repair or is there something that you can do that from your property on that side with that height? I was thinking, okay, we can lower -- we can lower it, but do you need 15 feet to have an adequate -- with the trees and ability to do anything -- if anything ever needs to be done or you just seek permission from the school district property to take care of it -- to reach or something? Miller: Councilman Hoaglun, I don't anticipate that we would ever -- I mean with the lifts that they have these days, it's not a problem at all to get access. I mean if you have got ten feet you can access everything you need. I appreciate that, though. Hoaglun: Yeah. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Miller, I think you have got plenty of trees there, seeings how it's a school. I don't think we need hiding places for sixth, seventh, and eighth grade kids out there at Lewis & Clark and you get a jungle over there and that's what you're inviting. I feel that that -- we need to leave that distance there on the east side, because I personally feel that's the only way semis are going to get in and out. I don't see a 53 foot trailer tractor getting around your comer on the southwest or the northwest or the northeast, I think you're going to have to swing out and -- I don't see it going around and I don't know if I'd Meridian City Council July 28, 2009 Page 28 of 33 want it going around, because you have got parking there and everything else, so I -- I think a five foot buffer with the amount of trees you got in there now, with a school there and the access on the east side of the school, those doors are for emergency only for fire drill or for fire, so I don't see -- I think it's -- I think a five foot buffer and leaving the 41 foot five for driveway. De Weerd: Mr. Rountree. Rountree: Madam Mayor, I think what's being proposed is reasonable. My only issue with landscaping is if -- if we are going to require it and they want to do less for reasons of making their business function, then, we ought to consider that. But I just as soon have five foot of well maintained landscape as 25 foot of landscape that's put in and be dead in three years. So, I have full faith that this particular developer will manage and take care of the property and I'm comfortable with the five foot. I will stretch this and it's not really part of the request or the topic, but I would say at a future time when you develop the property to the south, with the five foot landscape that's being proposed on this property, I would certainly consider not needing to plant nine more trees in five feet. I have seen that, I have been on site in our industrial areas where that's happened and there is too many trees. They are on top of each other and by the time they grow every other tree is going to have to be cut out. So, I think that's something that we need to look at as staff and we have talked about that. But I think what you're proposing is reasonable and I think it's justifiable and Iwould -- at this point I would support it. Miller: Thank you. De Weerd: Okay. Anything further? Miller: No. Just thank you for everything you do. We appreciate it very much. De Weerd: Thank you. Miller: Thank you. De Weerd: Okay. This is a public hearing. Is there any members of the public who wish to testify on this item? Okay. Council, if there is no further questions for staff -- staff, any comments? Friedman: Madam Mayor, Council members, no, I think Bill's presentation in the staff report was adequate to provide you with information necessary. De Weerd: Thank you. If there is no comments, questions, I would entertain a motion to close the public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council July 28, 2009 Page 29 of 33 Bird: I move we close the public hearing on VAR 09-002. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES: Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve a variance allowing the east side buffer to be reduced from 25 feet to five feet for variance 09-002. Hoaglun: Second. Bird: Okay. Second it. I want to say something. De Weerd: Motion and second. Discussion, Mr. Bird. Bird: And, staff, Idon't -- in no way -- I think somebody already said it. I know you guys have to go on -- you have to go by what our ordinance says and I know the developer knows that, too, so we are certainly not trying undermine -- I'm not trying to undermine your -- we just -- we realize where you guys have to come from. Friedman: Thank you. De Weerd: So, I look forward to seeing the findings and addressing the four particular areas that you need to find the findings for. So, God speed. Any further discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: 2009 Planning Department Fees: De Weerd: Thank you. Okay. Item No. 12 is a public hearing on 2009 planning department fees. I will open this public hearing with staff comments. Friedman: Thank you, Madam Mayor, Council members. This is an adjustment to our fee schedule and because we are adding a new fee a public hearing is required. If you will recall about a month ago staff gave you a presentation revolving around our Meridian City Council July 28, 2009 Page 30 of 33 certificate of zoning compliance fee structure and just the processing structure and what we have been finding is that because of the way the code is currently written that if somebody comes in for just a tenant improvement, even though it's a change of use, but there is no exterior changes, we still have to assess them for a full zoning certificate with prior approval fee of 187 dollars. What we have realized is, you know, we can handle this with just a letter of verification to the building department without going through the full CZC with prior approval process, so we have proposed adding that procedure in that letter for a fee of 53 dollars and also recommend dropping the certificate of zoning .compliance with prior approval. For those instances where it is necessary, 273 dollars to match up with our design review fee. So, really, our intent is to try to save some of our customers both time and money through this. And I'm happy to give you something. It's a little simple and some figures you can get your arms around tonight after last two hearings, so -- that's all we have. De Weerd: Council, any questions for staff? Bird: Madam Mayor? De Weerd: This is a public hearing. Is there any member of the public who wishes to provide testimony on this item? Frank and Ralph, it's all on your shoulders. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I move we close the public hearing. De Weerd: Thank you. Hoaglun: Second. De Weerd: I have a motion to close the public hearing on Item 12. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adopt the recommended planning department fees as spoken to this evening. Zaremba: Second. Meridian City Council July 28, 2009 Page 31 of 33 De Weerd: I have a motion and second to approve the fees as proposed. Any discussions? Rountree: Madam Mayor, just kudos to the planning department for finding the opportunity to look at process and look at what's going on and reduce time delays or potential delays and cross to folks coming to Meridian to do business. Thank you. Friedman: Thank you. De Weerd: Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 13: Ordinance No. 09-1422 Amending Title 1, Chapter 6, Section 5, Meridian Citv Code, Regarding Compensation for the Manor of Meridian (1S Reading): Item 14: Ordinance No. 09-1423 AZ 08-014 Request for Annexation and Zoning of 2.74 acres from RUT district in Ada County to the L-O district for Kings Congregation Church by King's Congregation - 1201 E. Victory Road: De Weerd: Thank you. Items 13 and 14 are proposed ordinances 09-1422 and 09- 1423 on Items 13 and 14. Madam Clerk, will you, please, read these ordinances by title only. Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 09-1422, an ordinance amending Title 1, Chapter 6, Section 5, Meridian City Code, regarding compensation for the Mayor of Meridian, providing for a waiver of the reading rules and providing an effective date. Green: Ordinance No. 09-1423, an ordinance AZ 08-014, Kings Congregation for annexation of a tract of land situated in the northwest one quarter of the northeast one quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-1, Ada County, to L-O, Limited Office District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Meridian City Council July 28, 2009 Page 32 of 33 De Weerd: Thank you. You have heard these two ordinances by title only. If there is no one in our audience who would like to hear them read in their entirety, I would consider a motion from Council. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we approve ordinance number 09-1422 and 09-1423 with suspension of rules. Hoaglun: Second. De Weerd: I have a motion and a second to approve Items 13 and 14. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. We are at our last item this evening. Item 15 is an Executive Session. I would entertain a motion to adjourn into Executive Session. Bird: I move that we go into Executive Session as per Idaho State Code 67-2345(1)(f). Rountree: Second. De Weerd: I have a motion and second. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Item 15: Executive Session per Idaho State Code 67-2345(1)(fi~ - (to consider and advise its legal representatives in pending litigation): De Weerd: Item 10 is an Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Meridian City Council July 28, 2009 Page 33 of 33 Rountree: Second. De Weerd: I have a motion and a second to adjoum into Executive Session. Madam Clerk, will you call roll Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION. De Weerd: Okay. Do I have a motion to come out of Executive Session? Bird: So moved, Mayor. Hoaglun: Second. De Weerd: All those in favor say aye? All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: A motion to adjoum? Bird: So moved. Hoaglun: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 8:56 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) T,~~,~P MAYOR T~cIyfIMY de`W~~,RW,M~~~~~~''' ,~ ~, ti ., ~°rFO -. SEAL A E~ aP 1 `, ''; 9d9~vst 1st • P•r~.~• ,, ~ ~ ~~ ~. mill 129 DATE APPROVED JAYCE . HOLMAN, CITY CLERK July 24, 2009 MERIDIAN CITY COUNCIL MEETING July 28, 2009 APPLICANT ITEM NO. Jr-A REQUEST Approve Minutes of June 29, 2009 City Council Special Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials• COMMENTS ~~~~~ Materials presented at public meetings shall become property of the City of Meridian. July 24, 2009 RZ 09-002 MERIDIAN CITY COUNCIL MEETING JUIy 28, 2009 APPLICANT Pride, LLC ITEM NO. 5-B REQUEST Findings for Approval -- Request for Rezone of 10.13 acres from R-8 to TN-R zone for Crossfield --south side of West Ustick Road and west of Norfh Blairmore Way AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~~ CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of 1 Tara Green From: Sonya Wafters Sent: Tuesday, July 21, 2009 2:16 PM To: Jaycee Holman; Tara Green; Machelle Hill Cc: Peter Friedman; 'Becky McKay (es-beckym@gwestoffice.net)' Subject: Crossfield RZ Findings for 7/28 City Council Mtg Follow Up Flag: Follow up Flag Status: .Green Attachments: Crossfield RZ ffcl2.doc; Crossfield RZ ffcl1.doc Attached are the findings of fact and conclusions of law for the Crossfield rezone application, approved by City Council on July 14, 2009. Thanks, Sonya 7/22/2009 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIZ IAN;,~- ~J In the Matter of Rezone of 10.13 Acres of Land from the R-8 Zoning District to the TN-R Zoning District, by Pride, LLC. Case No(s). RZ-09-002 For the City Council Hearing Dates of: July 7, and 14, 2009 (Findings on the July 28, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 14, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 14, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 14, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 14, 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-SA. 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). RZ-09-002 -1- 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 14, 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation as evidenced by having submitted the legal description and exhibit map stamped and dated April 2, 2009 by D. Terry Peugh, 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 July 14, 2009, incorporated by reference. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of July 14, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-09-002 -2- D~ B 'on of the City Council at its regular meeting held on the ~ day of 2009. COUNCIL MEMBER DAVID ZAREMBA VOTED .(, COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attu: aycee Holman, City Clerk pryG v ~ U J 9 6 OQ ~ ~P '~/ ~~~ 4~T~ , Copy served upon Applicant, The Attorney. VOTED VOTED VOTED l,,I,~y,., VOTED de Weerd Public Works Department and City By: Dated: ~ ~ I ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-09-002 -3- STAFF REPORT Hearing Date: July 7, 2009 (Continued to July 14, 2009) E IDIAN.~--~- TO: Mayor & City Council ~ FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: RZ-09-002 -Crossfield I. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Pride, LLC, has applied to Rezone (RZ) 10.13 acres of land in Crossfield Subdivision from the R-8 (medium density residential) zoning district to the TN-R (traditional neighborhood residential) zoning district. The applicant has submitted a conceptual site plan and building elevations for the multi-family units that show how the property may develop in the future. The plan depicts Smulti-family structures consisting of 80 dwelling units, a pool, clubhouse, 20 alley-loaded single-family residential lots, 2 attached single-family residential lots, and 3 detached single-family residential lots. See Section 10 of the staff report for mote information. II. SUNIlVIARY RECOMMENDATION Staff is recommending approval of the proposed rezone based on the Findings of Fact and Conclusions of Law in Exhibit D with the requirement of a Development Agreement that includes the provisions noted in Exhibit B of the staff report. Please note that the conceptual site plan and structure design for the multi-family development is not consistent with the required design guidelines. However, given that that there is no accompanying design review application with the rezone, staff is recommending approval of the rezone. The Meridian Planning & Z0111ng Commission heard this item on June 4, 2009. At the public hearing they moved to recommend approval of the subiect RZ request. a. Summary of Commission Public Hearing: i. In favor: Becky McKay ii. In opposition: None iii. Commenting: Lori Luke; Carol Devers; and Joe Simunich iv. Written testimony: None v. Staff presenting application: Sonya Waters vi. Other staff commenting on application: Anna Canning b. Kev Issue(s) of Discussion by Commission: i. The layout and design of the proposed multi-family development in relation to the City's design guidelines and vision for neighborhood center designated areas; ii. The off-site extension of Venable Lane by the developer for access to Crossfield subdivision; iii. The type of fencing to be installed adiacent to Venable Lane; iv. The requirement for a stub street to be provided to Venable Lane for future connectivity c. Kev Commission Change(s) to Staff Recommendation: i. Delete DA provision #1.2d and comment #3.12 in Exhibit B that require aprivate/public street to be provided within the multi-family portion of the site for addressing purposes; Crossfield Sub 4 RZ PAGE 1 ii. Add a new DA provision that requires the developer to provide an address identification sign at each entrance to the multi-family development (see DA provision #1.25); iii. Add a DA provision requirin5 the developer to work with Staff and ACRD to construct a partial collector road from Ustick to Stanhope utilizing the ri5ht-of-way offered as a donation by Joe Simunich durin5 the public hearin5 (see DA provision #1.2h); d. Outstandin5 Issue(s) for City Council: i. The requirement for the off-site construction of Venable Lane as a provision of the subiect rezone. .a: ~ in savor: necxv ivicnav g. In onnosition: None o men 'n~• Joe Simunich ; Gary Inselman Written testimony: The apn ~ licaIIt Submittprl a revicgd consent nlan Rs boil ing _ elevations after the P& . he a 'ng y. Staff presenting aRD ication : Sonya Wafters yi, Other staff commenting on annlication: Pete Friedman l~ ~y Issues of Discussion by Co uncil: M h' d Ci i if l d i d f th f t t i< Means of future arrPCC to pr,Qpg~ s ure r mnn c an or e u ona e i bl f V t i .ane: e ex on o ena ens i ' ances d th t th b i d t th li m s responsib ~, The developer sou en r an e~or ace arr ca es a _ ty to III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ-09- 002, as presented in the staff report for the hearing date of July 14, 2009 with the following modifications: (Add any proposed modifications.) Crossfield Sub 4 RZ PAGE 2 Denial After considering all staff, applicant and public testimony, I move to deny File Number RZ-09-002, as presented during the hearing on July 14, 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.) Continuance I move to continue File Number RZ-09-002 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 subject rezone area is located on the south side of W. Ustick Road, east of N. Blairmore Way, in Crossfield Subdivision, in the NW '/a of Section 1, Township 3 North, Range 1 West. B. Owner(s): Russell D. Hunemiller 3299 Davis Drive Meridian, ID 83642 C. Applicant: Pride, LLC 3299 Davis Drive Meridian, ID 83642 D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone. 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: May 18, and June 1, 2009 (Commission); June 15, and 29, 2009 (City Council) C. Notices mailed to subject property owners on: May 14, 2009 (Commission); June 11, 2009 (City Council) D. Applicant posted notice on site(s) on: May 21, 2009 (Commission); June 26, 2009 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The site is currently vacant and zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This property is currently Crossfield Sub 4 RZ PAGE 3 surrounded by residentially zoned land in Crossfield Subdivision, rural residential property, and commercial property. 1. North: Vacant commercial property, zoned C-C 2. East: Rural residential property, zoned RUT in Ada County 3. South: Platted but undeveloped single-family residential, zoned R-8 4. West: Platted but undeveloped single-family residential, zoned R-8 C. History of Previous Actions: This property was annexed and zoned (AZ-OS-015) R-8 in 2005. (Note: A development agreement was not required with the annexation.) A preliminary plat (PP-OS-017) consisting of 245 single-family residential lots and 27 other/common lots on 59.3 acres. A conditional use permit/planned development (CUP-OS-022) was also approved with the annexation and plat. The CUP/PD approved a combination of single-family attached and detached homes, accessory dwelling units, and a potential daycare, with reductions to building setbacks, lot frontages, lot sizes, house sizes, and an increased maximum block length. • The portion of this site that lies south of W. Parkstone Street (Crossfield Subdivision No. 2) was approved for final plat (FP-06-025) in 2006 and recorded in 2007. • The portion of this site that lies north of W. Parkstone Street (Crossfield Subdivision No. 4) was approved for final plat (FP-09-004) by City Council on May 12, 2009 but has not yet been recorded. D. Utilities: 1. Public Works: a. Location of sewer: Service is located in W Parkstone St and W Stanhope St. b. Location of water: Service is located in W Parkstone St and W Stanhope St c. Issues or concerns: Existing utilities may need to be removed or relocated at the developer's ezpense to accommodate any required changes to the site layout and design. E. Physical Features: Canals/Ditches Irrigation: Staff is unaware of any canals or ditches that may traverse this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: These properties do not lie within a floodplain or floodway. F. Access: No new access points are proposed to the subject property with this application. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated as "Mixed Use Community (MU-C)" within a "Neighborhood Center (NC)" on the Comprehensive Plan Future Land Use Map. Per Chapter VII of the Comprehensive Plan (page 103), the MU-C designation allows up to 25 acres ofnon-residential uses in a neighborhood center, up to 200,000 square feet ofnon-residential building area, and residential densities of 3 to 15 units per acre. Per Chapter VII of the Comprehensive Plan (page 101), the NC designation provides for a blend of high density residential, small scale commercial, entertainment, office, and open space uses that are Crossfield Sub 4 RZ PAGE 4 geared to serve all residents within a one to two square mile area. The development is encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure VII-3 in the Comprehensive Plan (see Exhibit A.3). The purpose of these centers is to create a centralized, pedestrian-oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. Forty percent of all land within NC's shall be developed for residential uses. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathways. They will also serve as public transit locations for future park and ride lots, bus stops, shuttle bus stops or other alternative modes of transportation. The applicant is proposing a mix ofmulti-family and single-family residential uses at an overall gross density of 10.37 dwelling units per acre and net density of 12.34 dwelling units per acre, which is consistent with the MU-C designation of 3 to 15 units per acre. There is not asmall-scale commerciaUentertainment/office/open space component planned for the site as detailed in the NC designation, only residential. However, there is commercial property zoned C-C and C-N across the street on the north side of Ustick Road, which should provide the commercial component of the NC designated area. Additionally, there is an undeveloped 15 acre parcel to the east in Ada County also designated NC. The City recently adopted a Design Manual as an addendum to the Comprehensive Plan. The intent of the Design Manual is to establish a set of guiding principles and flexible standards that encourage creativity as opposed to mandating specific standards. Because the subject property lies within the NC designation on the future land use map, the design guidelines for residential and urban developments apply to development of this site. Staff has reviewed these guidelines and found the proposed concept plan is not consistent with the majority of the criteria (see Section IX, Analysis, below a detailed analysis). Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed residential use of this property (staff analysis in italics): When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides municipal services to the subject properties in the following manner • Sanitary sewer and water service is available to be extended to the subject property. • The lands are serviced by the Meridian Fire Department (MFD). • The lands are serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). This service will not change. • The subject lands are currently serviced by the Joint School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. 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. • "Consider development applications that apply the neighborhood center concept " (Chapter VII, Goal I, Objective B, Action 1, page 109) The conceptual site plan proposed by the applicant does not reflect full compliance with the neighborhood center concept as shown in Figure VII-3 of the Comprehensive Plan. Although the plan does include a range of residential. densities in the proposed multi family, attached & Crossfield Sub 4 RZ PAGE 5 detached single family residential, and alley loaded residential, it does not contain a commercial component. • "Locate small-scale neighborhood commercial areas within planned residential developments as part of the development plan." (Chapter VII, Goal I, Objective B, Action 3, page 109) The applicant is not proposing a commercial component with the proposed residential development. However, there are existing and future commercial uses and a future school site across the street on the north side of Ustick Road that contribute to the variety of uses desired in NC designated areas. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action 2, page 114) There are no direct access points to Ustick Road, an arterial street, proposed with this application. Access to the subject property is provided from internal public local streets. • "Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) (Chapter VII, Goal IV, Objective D, Action 5, page 114) A 30 foot wide landscape buffer is required along Ustick Road as depicted on the concept plan. All landscaping should be installed in accordance with the standards listed in UDC I1-3B-7C, Landscape Buffers along Streets. • "Elevate quality of design for houses and apartments." (Chapter VII, Goal V, Objective B, page 116) Staff believes that the proposed elevations for the multi family structures do not demonstrate quality design based on the criteria listed in the City's design manual for urban and residential developments. Therefore, staff is recommending that the structures and site design include elements detailed in the aforementioned sections of the design manual. "Support a variety of residential categories (low-, medium-, and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (Chapter VII, Goal IV, Objective C, Action 10, page 113) Staff believes that the proposed multi family (>8 units/acre) along with the single family attached and detached and alley loaded units (3-8 units per acre) will contribute to the range of housing opportunities available in the City. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the TN-R district is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multi-family. A TN-R district includes open spaces and promotes pedestrian activity through well designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density of the TN-R district is fifteen (15) units per acre. The minimum density is eight (8) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN-R district should be generally located adjacent to a TN-C district, along a transit corridor, or within a mixed use neighborhood. For the purposes of this title, the term residential district shall also include the traditional neighborhood residential district. B. Schedule of Use: Unified Development Code (iJDC) 11-2D-2 lists the permitted, accessory, and conditional uses in the TN-R zoning district. The proposed multi-family, single-family attached, and single-family detached dwellings are listed as principal permitted uses in the proposed TN-R Crossfield Sub 4 RZ PAGE 6 zoning district. C. Dimensional Standards: All of the lots shall comply with the dimensional standazds listed in UDC 11-2D-6 for the proposed TN-R zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standazds listed in UDC 11-3B-7C and Table 11-2D-6. E. Off-Street Pazking: See UDC Table 11-3C-6 for the required number of pazking spaces per dwelling based on the number of bedrooms. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The Applicant is requesting approval to rezone 10.13 acres of land from R-8 to TN-R. The subject property was previously platted as Crossfield Subdivision No.'s 2 and 4. Although no development is proposed at this time, the applicant has submitted a concept plan showing how the site is proposed to develop in the future with (5) 16-unit multi-family residential buildings consisting of a total of 80 units north of W. Pazkstone Street; 20 alley-loaded residential units south of Pazkstone; and 2 attached single-family residential units and 3 detached single-family units on the east side of N. West 8`~ Avenue. Please note that all the proposed single-family residential units have already been platted and aze fully developed properties. The TN-R district requires a minimum of two housing types. For the purposes of this rezone, the applicant has included the single-family lots identified above in this application. As discussed above in Section VII, the subject property is designated as "Mixed Use Community (MU-C)" within a "Neighborhood Center (NC)" on the Comprehensive Plan Future Land Use Map. Development within these azeas should include a mix of uses such as high density residential, small scale commercial, entertainment, and office; the applicant is only proposing a mix of residential uses (medium to high density). Although staff is supportive of a commercial component to this development, staff recognizes that there are existing commercial uses northeast of the site across Ustick Road and vacant commercial property directly across Ustick that contribute to the variety of uses within the neighborhood center. There is also undeveloped property to the east across Venable Lane that may include commercial uses upon development. Because the site is located within a NC designated azea on the future land use map, Staff believes that the requested TN-R zoning district is appropriate for the subject property. As such, the site should be developed in accordance with the design guidelines in the City's Design Manual for urban and residential developments; the multi-family portion of the site should develop consistent with the urban and residential guidelines and the single-family portion should develop consistent with the residential guidelines. The Neighborhood Center concept diagram in the plan contemplates an urban environment. The urban design guidelines apply to neighborhood center designated areas such as this, as well as Old Town and the medium and high density residential azeas in the Ten Mile Interchange Specific Area Plan. One of the primary goals in developing the Design Guidelines was to articulate the City's urban vision for the neighborhood centers. Staff has reviewed the concept plan for consistency with the aforementioned design guidelines and believes that the concept plan is not consistent with the Design Manual as the plan does not have an urban chazacter as desired in neighborhood centers. In order to be consistent, the overall site should incorporate the following design elements on the concept plan and building elevations*: Crossfield Sub 4 RZ PAGE 7 • Plan for access and connectivity to future transit facilities such as park-and-ride locations, pullouts, stops, shelters, and infrastructure. Transit facilities should be located adjacent to or near public spaces and/or prominent buildings. • Address the critical issues of site layout that influence a compatible and integrated neighborhood/urban character, including, but not limited to, street networks and patterns, block configurations, vehicular access, pedestrian connectivity, building orientation and site layout, parking, and common/public spaces. • Provide safe and attractive connections within and between developments and adjoining uses that reduce vehicular use, promote walkability, and support access to transit. • Locate multi-family buildings to establish an appropriate urban form that enhances the character, compatibility, and attractiveness of the site, building, adjacent uses, and neighborhood. • Strategically locate common and open space and site amenities to encourage and support pedestrian activity. • Coordinate placement of common spaces and site amenities with adjacent properties to encourage integrated developments and support community connectivity. • Incorporate pedestrian-oriented amenities that promote various active and passive uses within common spaces such as furnishings, landscaping, artwork, lighting, and water features. • Residential roadways are encouraged to incorporate detached sidewalks with parkway planting strips to accommodate canopy-producing street trees. • Design building facades that express architectural character and incorporate the use of design principles to relate to adjacent and surrounding uses. Building designs should enhance public and urban/common spaces, articulate an urban form, and provide human and pedestrian scale. • Residential buildings with attached units should articulate the design to differentiate facades of individual units or groups of units, particularly where such units are oriented toward a roadway or common space. • Modulate roof forms to add interest to building form and profile and reduce the appearance of building mass and scale. • Use architectural elements and detailing, including, but not limited to, fenestration patterns, awnings, balconies, entries, porches, materials, and decorative or ornamental detailing, to articulate facades and contribute to an aesthetic building character. • Clearly define and articulate building entries (ground level & upper story) and connect them to roadways and pedestrian walkways. Where appropriate, primary building entries should be oriented to provide access from adjacent roadways and public spaces. Secondary and alternative entries may access buildings and uses from parking areas and other areas with available access to the public. • Residential structures should use a cohesive color scheme featuring a minimum of two field colors: a trim color and a front door color. Garage door colors should coincide with this scheme or the material palette of the structure. • Establish blocks that are compatible with the urban framework and street network. Blocks shouldn't exceed a length greater than 500 feet along any side. Crossfield Sub 4 RZ PAGE 8 • Provide pedestrian connections that establish contiguous pedestrian networks throughout the urban environment. • Parking areas within urban environments should not detract from establishing an appropriate urban form and character. • Design surface parking as an integrated and attractive element of the urban environment that promotes pedestrian comfort and safety. • Integrate streetscape profiles along roadways and blocks to maintain the continuity of the urban environment. Use streetscape profiles consisting of the following three zones: the landscape and furnishing zone, the pedestrian mobility zone, and the frontage zone. • Building design should appropriately address building scale, mass, and form, and the use of materials, architectural elements, and details to ensure a compatible and aesthetic contribution to the urban environment. • Articulate building forms, including but not limited to, massing, walls, and roofs, with appropriately scaled modulations that contribute to the development of visually aesthetic building designs. • Incorporate visual and physical distinctions in the building design between lower and upper stories that enhance urban building forms, articulate facades, and integrate pedestrian and human scale. • Building roof types, forms, and elements should provide variation and interest to building profiles and contribute to the architectural identity of buildings without imposing overwhelming scale on adjacent uses. • Continuous (physical and visual) building walls define the street and public edge. • Multiple units are distinguished by individual entries. • Parking is located away from the street and arranged to max>-mire open and common space for residents. * For a complete list of applicable design guidelines, please review Section B of the Design Manual for urban developments and Section E for residential developments. In addition to the guidelines in the Design Manual, future development for the multi-family portion of the site shall be consistent with the standards for multi-family developments in UDC 11-4-3-27. The concept plan does not show a public stub street to the east property boundary for future connection to Venable Lane upon development of the Simunich property. Because UDC 11-6C- 3F.2 states that no block face shall be more than 500 feet in length without an intersecting street or alley, staff recommends a public stub street be provided to the east property boundary consistent with UDC 11-6C-3F.2. Two driveways from W. Parkstone Street are proposed for access to the multi-family units. For addressing purposes, Planning and Fire Department Staff recommend as a provision of the DA that private or public streets be provided within the multi-family portion of the site. (Note: If a public stub street to the east property boundary is provided within the multi family portion of the site, the internal streets shall be public.) In summary, Staff is supportive of the Applicant's proposal to rezone the site to TN-R as it is the appropriate designation for properties with the NC Comprehensive Plan designation. However, Crossfield Sub 4 RZ PAGE 9 staff is of the opinion that the concept plan is not consistent with the Design Manual and is recommending as a provision of the development agreement that development of the site through the Certificate of Zoning Compliance and Design Review process be consistent with the residential and urban design guidelines contained in the Design Manual and the multi-family development standards listed in UDC 11-4-3-27. Therefore, staff is not supportive of the proposed concept plan and is not recommending it be included as an exhibit in the DA. X. EXHIBITS A. Drawings 1. Vicinity Map (Zoning & Aerial) 2. Comprehensive Plan Future Land Use Map 3. Neighborhood Center Concept Diagram [Figure VII-3, Comprehensive Plan (pg. 100)] 4. NOT APPROVED 5 • NOT APPROVED B. Comments/Conditions of Approval 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. Rezone Legal Description & Exhibit Map D. Required Findings from Unified Development Code Crossfield Sub 4 RZ PAGE 10 A. Drawings Exhibit B Page 2 1. Vicinity Map (Zoning & Aerial) Z. Comprehensive Plan Future Land Use Map Exhibit B Page 3 3. Neighborhood Center Concept Diagram [Figure VII-3, Comprehensive Plan (pg. 100)] FIGURE YII-3 Page 96 Jnip 2002 [Notes Thts figuro ropreserrts one concept for a Neighborhood Center, k is Trot intended as the only NEIGHBORHOOD CENTER CONCEPT DIAGRAM possible layout. Other layouts that conform to the standards will be coneidared.] Low Density Residential (<3 unite/acre) ~_ Q ~ r---~ ~ < S. mUe CoOector Street ~ ~ ~ 1 l ~ t_J w t~...~ ~ Q gementary ^ 1'-1 f-~ r--•--t :School i Medium Densiq Rasiderrtial (3-8 unite/acre) ~ • . , •..s ~ I I ^ NegghborhooA C Ui~+Lential (>8 units/a G~ ~ L~~ ~1 r-, ~ _. f„ture transit atop .. ~ ^ ~~ u Q a ~ Coro Co vmerolal % ~~ ~ ~ Arterial Street ~•= ~ ~ ~ ~ c-^---• Office or High Densiq Residential ~ _) ~` ~\_1 '~~i \ ~~l/ ~ ' Medium Density Restdarrtlal • Most btocke aro 3O0' maximum, similar to Old town. • Larger blocks abng arterials and for trafftc calming. • Netghborhoa! Canter Comr»ercial area boated at the fir mAe, trot at artarfal Intersections. • Schools located mid-section, wkh frontage along a collector street. • Interconnected ctroulatbn that rd comnmlent for automobtlea, pedestrians, and transk. • Variaq of housing chokes. • Housing is arranged in a radkting pattern of lessening denskfes. • Tranaitfon between different housing types or densities at alkyl. • Residents can access neighborhood commerdal services without being forced orrW arterial streets. • Fac~ttataa more effleterrt transportation along arterials. • Grid street pattern within the neighborhood aflows traffic to d(speree, eases congestion, slows traffic, and Is safer for residents. • Connects to and integrates with the larger street and pathway system. _ _- Chapter VII • Reduced right-oP way widths are enwuraged. . ~ • Pubflc open apace must be provided. Exhibit B Page 4 4. NOT APPROVED ~~1 ~.~~1 8 1 I ~~ N` o n o a m m ~P fi3 APAATKENTS SITE BATA 169Ly1pLLY®® t~A! I~~O®lgd ®® 91Y9 iA aflB mm 1~a mm®°^. a vsoo~ ~ vn aaf ~c0n p awD vvuvs v v o®vaa vam vav a Iao a eLm I® v.IS w a roe a am rm v.~ P ~j8~ ~~ a;~~ ~~ __. I e ~, I t R'-~ 1 i ~ i~ IS ~v1~ I o ~_ ~ I ~~ a i, I; c a! . ~.~ _'~ i I _ _J' ' - ~._._..sd I ~ I 1 I I I I®i zal n l m ~ m I aa9' I t 1 I I I~ 7777 yypp{{ ~ Y ~e 8 ' _ uvv aoaa ~ aaa.ma wlmoa vn a mote • m aom mme ~ '~ -u[m imna~ t~ ~ ~ ~' ,~me, ~ ~t~ o a a mI: sIID m m a ~~¢ pp° ~p~ vaoma RE2aie 5':?TE BATA area aw vau mT 9 *rr a&oea - ,m~gmm_ _ '~`c seas oa>; Gm ~ v ce~n - --- aa+m.. m ve n® ommnev vaoa ~ +~~ ~ -.-.-.- amrlaa Im~v!!~ mr vaw ®ova ~ ~ va v Iw mom avavms • eaaoon ~® ~ !~ ~ ----- omclma+.sam -0----G~ mcmo a®amwus --- mmeer: ® m ---"°'- - oocvcmm onv lllc ~~_'3 ®aeve ar °~ ~~ m®woar®va - a 7~t .a®mlarlm • ro®sae eaum . v~ avvma r>m or -.~_ . ergo s®m t mama m ®s n m -w- ~ vma m --s-- e®c aurae v~ m - asomw~aaa®m v: vra ® o ® w ~s®w.,mamv. ma.® m aisl e m --xaa.--- am,>o ma.o~s va ae vev Exhibit B Page 5 -~ .. ___ e ~` '~~ ~ ~-- ~~ ~ I ~~ ~ ~~ 1 ~ P e _~ ,_~~~ d --~~ ~_~ e ~ i ~ ?~ r~ ~ ,~ v~ 5 i~@sfi~ ~TY ~~ E 4 a ~ i~ ~ ~ ,~~ t r b ~~ ~ -- `~' ~ +~ _~~~_~_~ w ~ ~ ---- ~~~ ~ ~ ~' -~--- r i ~ ~ i i ~, ~I I----- _ - - ,~ ! , ~; ', a - -~ ~ ' . ~ ~~ ---- ~ ~ i i ~ i ~ ~ ~ ~ ~ ----- ~. - ~-a ~~ V !~ I~ a r t i ~•~.~., ~ ~ ~ ~ ~ o~ e a'SSS~ 7 F,xhibit B Page 6 5• NOT APPROVED G~ { °"' ~'r 4 ~ ~ 4 ~ iB6 MCBI4E6l8OFHQ9 mewe~ F.E1.E'feW v@A~ ~3~sU.t® 1 reaar ~cvxemr 2~ ~ ~~ ~ 9~ aeae~cr ana~~s ~~~~ rae~max r~ro ~® ~~~~ ~® ~,.~ ~~ M ~ _. +ea- _ Y, ~~ A1f08 4go~ e~u°rut' „~~ ~® A5.0 ~~ Exhibit B Page 7 B. Comments/Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The legal description for the proposed rezone submitted with the application (prepared on Apri12, 2009, by D. Terry Peugh, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit C). 1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office within one year of Council approval to initiate this process. Currently, a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Developer agrees to develop the single-family residential portion of the site consistent with the objectives and design guidelines for residential developments (Section E) listed in the City's Design Manual. b. Developer agrees to develop the multi-family residential portion of the site consistent with the objectives and design guidelines for urban developments (Section B) and residential developments (Section E) listed in the City's Design Manual. c. A public stub street shall be provided to the east property boundary for future connection to Venable Lane consistent with the block length requirements contained in UDC 11-6C-3F.2. d, ~:+1•°« ruk~11F car priy~ta-_etyrwrst~Si~a~°eTir~iia(~caivrc'caacn.nag~~~o~s-~F~macaczmsxsz- 4-dE~+219pmP~-a6~6~Wt6~3P~iieet ~Te, T!' sZ. l.1 • s t, 7 e. Development of the subject property shall comply with the TN-R standards listed in UDC 11-2D-6. f. Development of the multi-family portion of the site shall comply with the standards for multi-family developments listed in UDC 11-4-3-27. l The developer shall provide an address identification sign at each entrance to the multi-family portion of the site. h. The developer shall work with Staff and ACRD to develop a partial collector road from W. Ustick Road to W. Stanhope Street utilizing the right-of-way offered as a donation by Joe Simunich during the public hearing he developer sha 1 con true a_detached sidewalk along the ea t property bo ~ndarv from W. Ustick Road to W. tanhope Street on the ubiect property. f Mr. oe imLni h de ica a ri h -of--way for the future extension of Venable T. ne, the developer i recponsihleto place barricades at the north and south ends of Venable ane 'f rea sired by A 13D until time as Venable i con trusted and open o the n ~bli _" Not :Acceptance of _ right of way by A HD mu t be approved by the ACH ommi ion_ Th of Venable .ane will occur anon futur dev lonment of the Ward nronerty to the east as it wa-s determined here is currently not ennuzh room to the location of -Yi tine Hower note .fen .inQ, and a drainaQ ditch i. he developer is require to work wi h staff And Ar o comple a pavin o Exhibit B Page 2 c within the roccfiel develonment_ in hidinu ~tanhnnp + nrovid e imnnich nronerty provided there i a rinnafinn of lant~ by the oe ' unich to ACRD for ~tnr right of wav fnr Venable i an Once S anhnn ~ Waved and right of wav i de icated to A )~ for V nabl i ane aPrpce to Mr ' unich's nronerty ha 1 b nrovided from a hone tree 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no issues with this application. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %a" outlets. g. Fire hydrants shall be provided to meet the requirements of the lFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 For all Fire Lanes provide signage "No Parking Fire Lane". 3.6 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.7 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. 3.8 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 Provide a Knox box entry system for the pool area and clubhouse prior to occupancy. Contact Rick Jackson, Fire Department, at 888-1234 to coordinate access to knox boxes. 3.11 The first digit of the ApartmentlOffice Suite shall correspond to the floor level. 1'~ "'~'"~ '*~-ca~ac~ccopmcac 3.13 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 Exhibit B Page 3 and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.14 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.15 There shall be a fire hydrant within 100' of all fire department connections. 3.16 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.17 Pool chemicals shall be stored in compliance with the International Fire Code. 3.18 Multi-Family and Commercial projects shall be required to provide additiona160" wide access point to the building from the file lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code complaint Handicap parking stalls maybe included to assist meeting this requirement. Contact the Meridian Fire Department for details per IFC Section 504.1. 3.19 The applicant shall meet with Joe Silva or Rick Jackson, Fire Department, to discuss design of Fire department aerial access road. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICES COMPANY 6.1 5SC did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 On 18 May 2005, the Ada County Highway District acted on MPP-OS-017, MCUP-05-022, and MAZ-OS-015 for Crossfield Subdivision. The conditions and requirements set forth in that action also apply to this application. 7.2 Prior to final approval you will need to submit construction plans to the ACHD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District. 7.3 A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. Exhibit B Page 4 C. Legal Description & Exhibit Map ~~~ ~ eu farQ 7'~1Rzuae Giret~sd ion 1~en~ ~uffi Ofb~7'34° We~#, 7711.79 feet t~ paint on ~ ~ arf W. Stanhope Street ~8 aa# the Fast of said ~ssId 3ubdvisian Na, ~; 1`i~nt~ ata~g-.said cmbteriist+~ North 89°14'36" ~ 598.88 Tt~~c~ North ~"~S'2~~ St, ~16.AD fit t#- the h ~rneruf said Cra~iald Sr~tidivlsmn Pia. 2, said a1~- ~ ag the of ~Grossfield ~siaa Na. 1, ~ reco~ im 197 afP'1~ at Page 121$5, r~cards af,4da+Couc~ty,ld~a, Thy alangthe afraid Cx~sfield S No. 1, 7c NarBi 89='14°36" West, 41.63 f Theme Nrn#it Ol°l7'28*` 196.78 fast; 'Tice 88°42'32" ; 98,81 feasts °Tlt~ce Ncsrth ql°17'28" -4.95 f to a of a iQ2.14 ailau8 ~rc,af .curve t~f , ~ ~ ratli of 86,E feet, a ate of 6&°43''fl5", mad n ~ chflrd bed Nn~rtli 35°13'U1" , 9625 f Theiace North ~1®17'28°'' 173:12 fe~f to a paut# ~ the narttt i df said t~ l.at 3; T`h along said n lute ~au1h $8'42'32" , 475.10 €~eet to Feiint of 13e . C{a 10.13 m as less. ~_~_.,,~"'1 <.. ~. B1T ~Y 903~tk~3al-~mrta.doc Exhibit C Page 2 ~~ a ~ ~: ~~ [`3 IRV~ T,Q6i! GG AFB AE.41D~.l4 5806' ~Y ~«~ CHORD PRC3~a~~D Ti~1R ZtJI~E CRC~SSFi~~® ~U~~fVl~it)N 3 ~. b ~19~}1" E ~~1~ ~~r ~. ~ , t ~ ~ ~~ ' P ~ I ~ I~ ~(~ I~ ~f~\.l~VSE® C'iROSJi~f~r~rV ~ ~ ~i W ~ ~ ~ Sl.!®C)IVlSION NO. 4 Q ~ l ' ~ 5 ~ U ~ I ~ FROP4SED 11VR Zf3t~E I ~ 1 Q.13 Acres ; I ~~ ®----®~._._i._.._ _~~. i ~I~I~ i~f" ~~~~ ~ I V I I I ~~~ I I. `I-- -- -~ ~ I I~ I I I I I I I 1 1 ' ~ ~~ - ~, --""- ----~ I Exhibit C Page 3 D. Required Findings from Unified Development Code 1. Rezone 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 rezone the subject property from R-8 to TN-R. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council fords that the variety of residential uses (i.e. attached and detached single- family and multi-family residential), and density proposed on this site is consistent with the purpose statement of the TN-R district. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council fords 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-SB-3.E). This finding is not applicable as the applicant is requesting approval of a rezone, not annexation. Exhibit D July 24, 2009 MDA 08-007 MERIDIAN CITY COUNCIL MEETING JUIy 28, 2009 APPLICANT Solitude Development, LLC ITEM NO. S-C REQUEST Amendment to Development Agreement -- Request to modify the Development Agreement for Solitude Place Subdivision -- east side of Meridian Road and south of McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Development Agreement Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cfiy of Mertdtan. BD SE QAMO 07129109E03;0/PMD NAVARRO AMOUi~T .ii0 ~ DEPUTY tflc~ Alien III I~~~~~~~~~~"~~'~~~~~~~~~~~"II ~~~ RECORDED-REQUEST Of i~~q~g$$10 Meridian City AMENDMENT TO DEVELOPlYIENT AGREEMENT PARTIES: 1. City of Meridian 2. Solitude Development, LLC, Ouner/Developer THIS AMENDMENT TO DEVELOPMENT AGREEMENT is dated this day of , 2009, (AMENDMENT), by and between CITY OF MERIDIAN, a m Icipal orparation of the State of Idaho {CITY), and Solitude Development, LLC (OWNERJDEVLEOPER), whose address ?Ol S. Allen Street, Ste. 103, Meridian, ID 83642. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded in August 17, 2005 as Instrument # 106133465, on real property more particularly described in the Agreement. B. CITY and OWNERJDEVELOPER now desire to amend the Development Agreement to include building elevations for the project as a condition of approval of the recently approved time extension for the preliminary plat as well as a clarification with the compliance with the Open Space Requirement. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: l . OWNERIDEVELOPERshall be bound by the terms of the Develapment Agreement, except as specifically amended as follows: 5.1.5 Future homes on this site shall generally be consistent in appearance to the elevations {pamphlets and photos) attached in Exhibit A2. The applicant shall construct homes an the site that contain the following design features: varying roof design including gable and hip rooflines facing the street, shutters around the windows an the front facade, substantial pillars with substantial bases and front facades accented with bricklstone, garage doors with a glaring element for street facing garages and covered front porch areas. Building materials shall. be of quality materials including but not limited to wood siding, Hardie Plank siding and/or stucco, incorporating varying siding materials {wide plank, narrow plank, board and batten, and cedar shingles). All future homes shall have a minimum of two field colors and a trim color. AMENDMENT TO DEVELQPMENT AGREEMENT (MDA 08-007) SOLITUDE PLACE PAGE I OF 4 5.1.7. The applicant shall comply with the open space requirements and amenities approved with PP-06-406. At a minimum the Ow~ner/Developer shall provide 10% common open space for the Solitude Subdivision. 2. That O~vner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the OwnerlDeveloper, or their assigns, heirs, or successor shall not meet the conditions of this amendment to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This amendment shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This amendment shall be binding on the OwnerlDeveloper ofthe Property, each subsequent owner and any other person(s) 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 hereon 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 Owner/Developer, to execute appropriate and recordable evidence of termination of this amendment if City, in its sole and reasonable discretion, had determined that OwnerlDeveloper has fully performed its obligations under this amendment. 4. If any provision of this amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this amendment and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This amendment sets forth all promises, inducements, agreements, condition, and understandings between Qwner/Developer and City relative to the subject matter herein, and there axe no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner/ Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this amendment 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. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within 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 andlor amendment in force at the time of the proposed amendment. 6. This amendment shall be effective as of the date herein above ~~ritten. AMENDMENT TO DEVELOPMENT AGREEIYfENT (MDA 08-007} SOLITUDE PLACE PAGE 2 OF 4 ACKNO"4VLEDGNIENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. 01'~'NER/DEVELOPER: SOLITUDE DEVELOPMENT, LLC By: CITY OF MERIDIr~N a ~ ..~.~ By: Mayor T iii ~y de Weerd attest: s ~ ~~ ~~; ~ _ ~ ~~ ~ :a ~~~ ~ =~'~ ~~ aycee L. Holman, Cite C.'leri: A _ ~~' +~ ~, ~ ~ ~; «:~ r ... ,,., r~ ~,~ ~~ ~c. '.~ '~,. ~ `~ ~ J~ [~ ~s a " A~1END1~IENT TO DE~~ELOP~9ENT AGREE~,~ENT (MDA 08-OQ7) SOLJTUDE PLACE PAGE 3 OF 4 STATE OF IDAHO ) SS: County of Ada, ) On this ~ ~ day of ~ ~ut __, 2009, before me, the undersigned, a I`~Totary Public in and for said State, personappeaxed ,~~ ,~ . p,~'",l 1, known or identified to me to be the ~,~ fir'' of Solitude Development, LLC, and acknowledged to me that he executed the same an behalf of said Limited Liability Corporation, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. {SEAL} STATE OF IDAHO } ss County of Ada ) ~ h otary Public or daho Residing ate _- -- My Commission Exr~~~: On this~_ day of , 09 p~~e'o me, a Notary Public, personally appe d T y de Weerd an ~ ; mown or identified to me to be the Mayor an er ,respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written..'' {SEAL} . `% ~~~t~~~~~~~~,k ~ Notary Public for Idaho Residing at~,~ ~ ~„~ Commission expires: 3-~ 3- i c7 AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-007) SOLITUDE PLACE PAGE ~ OF 4 Exhibit A.2 -Proposed Building Elevations for Solitude Place Subdivision Traditi®nal El~vatroin Package 2. e ~ ~-P, ~'~"~' ~~ .. .s ~a~ .ts =.r >. "t ti . :: ~,. ~ ~''~~~. ,~ ~~ ,;r ~~ P1 L l ~ ~~ ~ Y,~ ~~. G ~~3 Y~r} ~3 E Va9,~ eery HSL a a ~t r~~„~ a ; ~ . ~;~~~#~ {u ~ ,. ''" , ~i .• . " -. ~' sx~` ~ r ~~ ~ , ~ .~ ? -~ ~ ~, ~apr~ ~~ `~ .~~r ~. E~~r~' ~: ~y~ r a({F~ l.'.; V I .~t_ i~~ R S 4 i ~ z4 ,~ - t n ~--), ~ y f~,,. Traditional A Traditional B . , `}}=~.7 r[ .. ~`3~ .. -'~ ,~ ...r ~'-' _ .., Traditional C ~" _;, ~~++ rH L'' ~~ I : ~~ _ _ f A ~ ~~. ~ a . . L' '.fll. ~ a... 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"" ~ 7 ~ ~ ~f~~: r 'mil r~ 'f ~~^ ~rt day t Traditional B Traditional C3 Traditional C Tra~tiQnal Elevatian Package ~~. • iar+~ ~prrce, f.ess Adrr~~~Oly Traditipndi A ~, ~. ~~ .: Traditional 6 Traditional C Traditional O ,'t.° r _~' ~ ~:: :~. } 'Y.~~f=F~~.~.3~~~G f 3 . ~}~ u ~~~op. ~,:.r~ aa,~r..:,~;, i. ,~ ,, s ~~~f k =~ ~~ -~:_ ~~ ~.: , ~~ ~ ~A - ~~~ ,u ~~ ~ ~" ~ ~~ '!ti ~~ ~s Traditional A Tradidon~ B Traditional C Traditional D Traditional Elevation Package ~i~: .. E kw ~~ '=~ '* ~~ ~~~~ .u~~ ~. ~~!M ~~~Iltllll{',; i~ M3 f ~~s ,> i~j cµ~ I ~3 µ . ~ .... >.S.~Y ~... .. ~.. ,.. ~~ ~;~ ~~~ 4 II!IIIIiWUNll~lll! ,.... ~ F 1 ~i 9 ~~~ ~: ~~~~ i:1f .~ i 'sc.' .~ - ~~ ~, July 24, 2009 MERIDIAN CITY COUNCIL MEETING JUIy 28, 2009 APPLICANT ITEM NO. 5-D REQUEST Memorandum Agreement Amendment to Collective Labor Agreement between the City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 for Wage Schedule from October 1, 2009 Until September 30, 2010 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached ~~e' Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. MEMORANDUM AGREEMENT AMENDMENT TO COLLECTIVE LABOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND MERIDIAN FIREFIGHTERS I.A.F.F. LOCAL 4627 FOR WAGE SCHEDULE FROM OCTOBER 1, 2009 UNTIL SEPTEMBER 30, 2010 WHEREAS the City of Meridian (CITY) and LA.F.F. Local #2311 (UNION) have a current Collective Bargaining Agreement (AGREEMENT) that expires on September 30, 2010; and WHEREAS the Meridian Chapter has now become I.A.A.F. Local #4627; and WHEREAS the parties when the AGREEMENT was executed in 2007 the parties agreed to negotiate "wages only" in 2009; and WHEREAS the parties have met and negotiated wages for the period of time from October 1, 2009 until September 30, 2010; and WHEREAS the parties have mutually agreed upon the attached Appendix "D"; and THEREFORE, the parties agree to incorporate by reference as an attachment to the original Agreement of 2007. This Memorandum Agreement shall be effective upon approval by the Union and the Mayor and approved by the City Council. L` ~,1 ~ ~ ~ Tyler tree, President Date Local #4627 "~'~ PASSED by the City Council of the City of Meridian, Idaho, this ~~day of ~J ~L~ y , 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this ~®~ - day of ~, , 2009. ~~ O r d~~~ ~i ~d> l ~' TTEST: ~~ ~° \~ ®~~ `~o r`J ppb t;Y Ca`~ Ltd O ~ i`~-~ py Q CITY CLERK ` •~ ~ ~ i S MEMORANDUM AGREEMEN ~ NT®'~ BETWEEN THE CITY OF MERIDI WAGE SCHEDULE FROM OCTOBER TI: Page 1 of I O ~' ~ ~ . 0 ~lI,LECTIVE LABOR AGREEMENT N FIREFIGHTERS I.A.F.F. LOCAL 4627 FOR SEPTEMBER 30, 2010 APPENDIX D Introductory/Probationary Firefighter positions are eligible for promotion to Firefighter I after six months of service with the Meridian Fire Department. Firefighter I and II designated below aze State of Idaho Certification levels and in addition to achieving that certification the individual must serve for one (1) continuous year each before being eligible for promotion pursuant to Article 15 of this Agreement. As of October 1, 2009 Firefighter III is a certification level of the Meridian Fire Department, pursuant to the standazds established by the Department and in addition to achieving that certification must also be served for one (1) continuous year before being eligible for promotion pursuant to Article 15 of this Agreement. Firefighters that possess an existing Firefighter III certification from the State of Idaho are also eligible for this promotion and in addition must also serve in this position for one (1) continuous yeaz before being eligible for promotion pursuant to Article 15 of this Agreement. Promotions shall take effect on the next pay period following the completion of the time of service. (Intro/Prob-6 months; FFI - 1 year; FFII-2 years; FFIII-3 yeazs) Wage Scale -The wages for the regulaz rate of pay for all positions except the Captain Fire Inspector aze based upon 2756 hours worked per year. The Captain Fire Inspector wage is based upon 2080 hours worked per year. The job classification and wage rates for employees covered by this Agreement shall be as follows: EFFECTIVE DATES Job Titles 10/1/2009 (+1%1 4/1/2010 (+1% ~Contin~ent) Introductory/Probationary Firefighter I Firefighter II Firefighter III $14.60 hourly $40,237.60 annually $15.77 hourly $43,462.12 annually $18.51 hourly $51,013.56 annually $20.42 hourly $56,277.52 annually $14.75 hourly $40,651.00 annually $15.93 hourly $43,903.08 annually $18.70 hourly $51,537.20 annually $20.62 hourly $56,828.72 annually Driver Captain of Suppression $22.03 hourly $60,714.68 annually $24.52 hourly $67,577.12 annually $22.25 hourly $61,321.00 annually $24.77 hourly $68,266.12 annually Captain Fire Inspector $32.49 hourly $32.82 hourly $67,579.20 annually $68,265.60 annually Annual Wages is the member's (base rate x 2756 hours) of straight time excluding overtime and any additional compensation. The annual wages for the Captain Inspector is the member's (base rate x 2080 hours) of straight time excluding overtime and any additional compensation. * -Contingent upon the City realizing certain budgeted target values specifically- property taxes, state revenue sharing, and building permits revenue. If the City realizes at least 95% of the targeted value of $11,415,853.00 (or at least $10,845,060.00) [1/2 of the total projected amount from the three tazgeted values] then the additional one percent (1%) will be added to the April 2010 paycheck. Education or Certification Pay: All employees that have furthered their education or expertise, at their own expense, and have acquired the following degrees that are related to the fire service. The additional hourly amount shall be added to the firefighter's base rate of pay. Associate's Degree: $.11 cents per hour Bachelor's Degree: $.22 cents per hour EMT Advanced: $.22 cents per hour Master's Degree: $.33 cents per hour The educational degree shall be from a certified institution of higher learning and approved by the Chief. The EMT Advanced Certification shall be from the State of Idaho. The additional hourly amount shall be added the firefighter's base rate of pay. Paramedic Pay: All employees's that are Certified Pazamedics by the State of Idaho shall receive the following amount monthly in addition to the salaries listed above: $1.74 per hour This amount shall only be available from Introductory/Probationary level up to and including Driver. Captains and above shall not receive Pazamedic pay. The additional hourly amount shall be added to the firefighter's base rate of pay. All employees that were hired as pazamedics shall be required to maintain their certification as a continuing job requirement until they reach the Captain position. Standards for Meridian Fire Department Certification of Firefighter III shall include the following subject areas, but are not limited to a specific class of courses: LC.5. 100 (4-hrs) I.C.S. 200 (4-hrs) I.C.S. 300 (16-hrs) Rapid Intervention Team (RIT) (16-hrs) Safety (16-hrs) Tech Rescue Operations (50-hrs) Building Construction (16-hrs) 400-Additional hours of practicum (In-house documented training) * All decisions as to whether a class meets the required objectives and hours for the classes listed above will be made by the Chief or his/her designee and all decisions are final. July 24, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Weed Abatements for Two Properties AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: ~~~C- CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pub lic meetings shall become property of the CNy of Meridian. July 28, 2009 ITEM NO. 5-E CITY OF MERIDIAN CITY COUNCIL DIRECTIVE BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA DIRECTIVE APPROVING CODE ENFORCEMENT ABATEMENT OF PUBLIC NUISANCE WEEDS AT 3273 N. ELM5TONE AVENUE, MERIDIAN, IDAHO; AND 4656 STATION PLACE, MERIDIAN, IDAHO. WHEREAS, Meridian City Code § 4-3-7 provides that, upon direction of the City Council and at City Council's discretion, upon the failure, neglect or refusal of any owner or occupant ordered to remove weeds from his or her premises within the time specified in such notice, the City shall proceed with abatement of such weeds; WHEREAS, Sandra Nevarez, the record owner of the premises at 3273 N. Ehnstone Avenue, Meridian, Idaho, was provided Notice to Clean Premises by mail and posting on the premises on June 18, 2009, and to date has failed to comply with such notice or avail herself of the due process described in such notice; WHEREAS, Ryan C. Hunt, the record owner of the premises at 4656 Station Place, Meridian, Idaho, was provided Notice to Clean Premises by mail and posting on the premises on Apri130, 2009, and to date has failed to comply with such notice or avail himself of the due process described in such notice; WHEREAS, the City Council finds that it is in the best interest of the health and safety of the public to direct compliance with these notices; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO HEREBY DIRECTS: Section 1. That the Code Enforcement Division of the Meridian Police Department cause the abatement of the public nuisance weeds at the premises of 3273 N. Elmstone Avenue, Meridian, Idaho, with no further notice to the owner of such premises, and that upon completion of such work, the full cost thereof be charged to the owner. Section 2. That the Code Enforcement Division of the Meridian Police Department cause the abatement of the public nuisance weeds at the premises of 4656 Station Place, Meridian, Idaho, with no further notice to the owner of such premises, and that upon completion of such work, the full cost thereof be charged to the owner. Section 3. That this Directive shall be in full force and effect immediately upon its adoption and approval. DIRECTED by the City Council of the City of Meridian, Idaho, this 28th day of July, 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this Z~ day of APPROVED: ATTEST: ~. ,,p ~ ~ ~ d'~ O ~ rFp '~ By: Mayor T de Weerd Jaycee Holman, City ~ l~ca~ ~ ~, ~o~ ~ ~ DIRECTIVE APPROVING WEED ABATEMENT ~~~ ~~ July 24, 2009 AZ 08-014 MERIDIAN CITY COUNCIL MEETING JUIy 28, 2009 APPLICANT King's Congregation ITEM NO. 5-F REQUEST Development Agreement -- Request for Annexation and Zoning of 2.74 acres from RUT to L-O zones for King's Congregation Church --1201 East Victory Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Development Agreement CITY POLICE DEPT: CITY FIRE DEPT: ~~v" CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~ BOISE IDAHO 07129109 03:01 PM DEPUTY Vicki Allan III I'IIIIIIII'IIII'IIIIII'IIIII III'll RECORDED-REQUEST OF 1~9088~09 Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. The King's Congregation, Owner/Developer 2~~ EVELOP NT AGREEMENT (this "Agreement"), is made and entered into thi day of , 2009, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and The King's Congregation, whose address is 1150 E. Pienza Street, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, 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, hereinafter 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 Owner/Developermake awritten commitrnentconcerningthe use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developerhas submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of L-O (Limited Office District) (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the 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 24`s day of March, 2009, has approved City of Meridian Planning Department Staff Report, 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 Staff Report requires the Owner/Developer toenter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPERdeerns it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 WHEREAS, City requires the Owner/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 toensure 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. 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: DEVELOPMENT AGREIIVIEI~TT -THE HING'S CONGREGATION (AZ 08-014) PAGE 2 of 11 3.1 CITY: means and refers to the City of Meridian, a parry 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 OWNER/DEVELOPER: means and refers to King's Congregation Church, whose address is 1150 E. Pienza Street, Meridian, Idaho 83642, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 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 L-O, (Limited Office 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 § 11-2B. 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. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The applicant shall be responsible for the construction and installation of, and all costs associated with, the sewer and water service extension and connection to such City services. 2. Any and all existing domestic wellsand/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. DEVELOPMENT AGREEIVVIII~TT -THE HING' S CONGREGATION (AZ 08-014) PAGE 3 of 11 4. Construct a minimum 5-foot wide detached sidewalk along Victory Road, as proposed on the "Conceptual Master Plan" attached as Exhibit A.2 of the Staff Report prior to issuance of certificate of occupancy for the existing church building in "Phase 1", as defined in the Conceptual Master Plan. 5. The existing driveway accesses to Victory Road shall be removed prior to issuance of Certificate of Occupancy for the existing church building in Phase 1. 6. Direct access to Victory Road is prohibited. Access to this site shall be provided from E. Pienza Street. All other access points to/from the site are prohibited unless approved by ACRD and the City of Meridian. 7. Provide a pedestrian pathway through this site for interconnectivity between Tuscany Village Subdivision and Cavanaugh Subdivision and for access to the future school site to the west, as depicted on the Conceptual Master Plan. Said pathway shall be constructed prior to issuance of Certificate of Occupancy for the existing church building in Phase 1. 8. A minimum 25-foot wide street buffer shall be installed adjacent to Victory Road in compliance with the standards listed in UDC 11-3B- 7C. Said buffer shall be installed prior to issuance of a Certificate of Occupancy for the existing church building in Phase 1. 9. A minimum 10-foot wide street buffer shall be installed adjacent to Mesa Way in compliance with the standards listed in UDC 11-3B-7C. Said buffer shall be constructed with each phase of development, as depicted on the Conceptual Master Plan, prior to release of Certificate of Occupancy for each structure. 10. A minimum 20-foot wide landscape buffer shall be installed along the southern end of the west property boundary, and the south and east property boundaries adjacent to residential uses, in compliance with the standards listed in UDC 11-3B-9C. Said buffer shall be constructed with each phase of development, as depicted on the Conceptual Master Plan, prior to the Certificate of Occupancy for each structure. 11. The Applicant shall comply with the tree preservation standards listed in UDC 11-3B-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper and greater that are proposed to be removed. DEVELOPMENT AGREEMENT -THE HI1VG'S CONGREGATION (AZ OS-014) PAGE 4 of 11 12. Development of this site shall substantially comply with the Conceptual Master Plan and building elevations, including construction materials, submitted with the subject annexation application included as Exhibits A.2, A.3, and A.4 of the Staff Report. 13. Development of this site shall comply with the current design standards in effect at the time of Certificate of Zoning Compliance. 14. A Certificate of Zoning Compliance (CZC) that meets the requirements herein is required for approval of the existing church use, prior to release of Certificate of Occupancy for the structure in phase 1. Another CZC will be required for Phase 2 of the development, as set forth in the Conceptual Master Plan. 15. The applicant shall bring the exiting systems in the existing building up to current International Fire Code standards, prior to issuance of Certificate of Occupancy for the change in use of the building. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon the failure of the Owner/Developer orits heirs, successors, or assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two (2) years of the date that this Agreement is effective, subject to the notice and cure period set forth in Section 12.1 and any permitted delay set forth in Section 12.2 below, 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: Owner/Developer consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: that the Ciry provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developerfails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. DEVELOPMENT AGREEMENT -THE HING' S CONGREGATION (AZ 08-014) PAGE 5 of 11 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/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 in accordance with the terms hereof, including the notice and cure period{s) set forth in Section 12.1 below. 9.2 A waiver by City of any default by Owner/Developer of any one (1} 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. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost and in form and substance reasonably acceptable to Owner/Developer, and submit proof of such recording toOwner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. ff for any reason after such recordation, the City 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 and recordable instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 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 Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching parry'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 parry 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 DEVELOPMENT AGREEMENT -THE KING' S CONGREGATION (AZ 08-014) PAGE 6 of 11 may be extended for such period as maybe reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/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 fire, casualty, earthquake, civil disobedience, strikes, acts of God or similar causes, Owner/Developer or City shall not be in default hereunder and the time for such party's performance shall be extended by the amount of time of such delay. 13. 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 Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner 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. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation in the manner set forth in this Agreement 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 Agreement, and the Ordinances of the City of Meridian. 16. 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: OWNER/DEVELOPER: City Clerk The Kings Congregation City of Meridian Attn: Alan Burrow 33 E. Broadway Ave. 1150 E. Pienza Street Meridian, ID 83642 Meridian, ID 83642 DEVELOPMENT AGREEMENT -THE IGNG'S CONGREGATION (AZ 08-014) PAGE 7 of 11 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 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. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry 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. 18. 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 parry so failing to perform. 19. FINDING 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 Owner/Developer oftheProperty, 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. 20. TERMINATION OF AGREEMENT. This Agreement shall terminate upon Owner/Developer'scompretion of its obligations under this Agreement and the City's acceptance of such improvements as set forth herein and determination, in its sole and reasonable discretion, that Owner/Developer has fully performed its obligations under this Agreement. Upon such termination, City agrees, upon written request of Owner/Developer, to promptly execute and record an appropriate and recordable evidence of termination of this Agreement effective to release the Property from the obligations and covenants contained herein. 21. 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. DEVELOPMENT AGREEMENT -THE HING'S CONGREGATION (AZ 08-014) PAGE 8 of 11 22. FINAL AGREEMENT: This Agreement, together with the Exhibits attached hereto (which aze hereby incorporated into this Agreement as though set forth in full) sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there aze no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/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. 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 heazing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. 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. [Signature pages follow immediately.] DEVELOPMENT AGREEMENT -THE ffiNG'S CONGREGATION (AZ 08-014) PAGE 9 of 11 IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: THE KING'S CONGREGATION D O~- By: Alan Burrow, Officer CITY OF MERIDIAN Mayor T `y e Weerd ATTEST: aycee L. Holman, City [Notary ®~ `~' Fo ~ , ~ ~~~ ~ ~ ~ o~S ~'C' ``U~ 4 P ~ ~ 1 s'~ . ~®~~ following page,] DEVELOPMENT AGREEMENT -THE KING'S CONGREGATION (AZ OS-014) PAGE 10 of 11 STATE OF IDAHO, ) ): ss County of Ada, ) On this ~_ day of ~ V~~~i 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared Alan Burrow, known or identified to me to be an Officer of The King's Congregation, an Idaho non-profit association, and acknowledged to me that he executed the same on behalf of said association. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .•`• tg A 8q G!. 9 s ~~ (SEAL) t ~°TAR~, i ~~rr :••~~z~'°Ua ~Ic ••.,9~,''z~......• ~O STATE OF IDAHO ) ss County of Ada ) Notary Public for Idaho Residing at: 1(1f~ ~ O My Commission Expires: ~G13 On this~`~ day of 2009, before me, the undersigned, a Notary Public, personally app~~~ y de Weerd and~}e , ~~rC1 G r~e-e~ know or identified to me to be the Mayor an ler ,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 thy, ,day, and year in this certificate first above written: ~~~~~~~ ~~ ~ f~~ C ~ 4 e f f, ~r 1 f` - - (SEA_ 1J-~= ~ ~°°_ _°~ o ~ _ Notary Public for Idaho f~ ~ ~, ~-- . Residing at: ~l ~ ~ ~~ F ~ ~ b°"£ ~' °~ :`- , ^P. ~~'~ ~~ °,,° ~ f~ a Commission expires: 3 - a-~- ~ c~ ~' eaees~2 a ., ;~` t ~ ~ t`,~b. 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'1 he above-dCSCribod tract of ~! co>atains 2,74 acres. Jsmre or Ins. t to aU exl~ing casemen6~ and rights-ctf--way. 1'nelwrett $y: TItE E.AIVU{;Rf3lJA, lls~, 463 E. Slit~& t)RIVB, 5LtlTE ttlD F.~4C31.F;, tLyAtlB $3ti}8 295.939.4081 ~l5-93+.1.4~S (~AX~ 1 aaeb~rr@ia9~ama e.P~ l~'wrkiq o(dsil ~+'t+~t.a~s ~t eC.a~k.•t a821~ !:ktso SA$Fr. Are•. U)U I•.~ptr ttfy}n: B)$e~6 t• H ~.$M •t(WI 5• ~:Y99- ~ ~g~IVA'f.9 <e 4:t~t41MU~r.'.1,•l~&tdn? A r~a-a~l ~e~~ .1~aue~eserya•_(RR!«E4 dne ~~`''_'~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER E IDIA~T ~~~~- In the Matter of Annexation & Zoning of 2.'74 Acres of Land from the Rl Zoning District in Ada County to L-O (Limited Office) in the City of Meridian, by King's Congregation. Case No(s). AZ-08-014 For the City Council Ilearing Date of: March 10, 2009 (Findings on the March 24, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 10, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 10, 2009, incorporated by reference} 3. Application and Property Facts (see attached Staff Report for the hearing date of March 10, 2009, incorporated by reference} 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 10, 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 b7, Idaho Code {I.C. §67-b503). 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-SA. 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-08-014 -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 Development Agreement provisions of the in the attached Staff Report for the hearing date of March 10, 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 as evidenced by having submitted the legal description and exhibit map stamped and dated December 18, 2008 by Aaron L. Ballard, 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 March 10, 2009, incorporated by reference. D. Attached: Staff Report for the hearing date of March 10, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-014 -Z- 7 - By act' n of the City Council at its regular meeting held on the ~ day of 2009. COUNCIL MEMBER DAVID 7ARFMBA COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIlZD MAYOR TAMMY de WEERD (TIE`B~~~l~i~s~~~i, ~~' G oa'O~r 'y ''-. ,~ Fo SEAL ~-ti M Attest: ~ `~ ~' 'g~~~0~ rtsz• P VOTED__~~r,~~,. VOTED VOTED VOTED __---~ VOTED Mayor T e Weerd City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. BY' Dated: ~ t-~ -~q City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S}. AZ-08-014 -3- STAFF REPORT Hearing Date: March 10, 2004 (Continued from Febs uaYy 24, 2009) TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: AZ-08-14 -King's Congregation Church E IDIAN i~ I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, King's Congregation, has applied for Annexation and Zoning (AZ} approval of 2.74 acres of land from the R1 zoning district in Ada County to the L-0 (Limited Office) zoning district. This site formerly housed the Locust Grove Grange #118. The existing building is being used by King's Congregation Church, who has entered into an option to purchase the property. The church would like to rezone the property to L-O, in which church uses are principally permitted, and eventually construct a new 42,500 square foot church building on the site. See Section 10 of the staff report for more information. II. SLnvIlYIARY RECOMMENDATION Staff is recommending approval of the proposed annexation with the Development Agreement provisions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard this item on January 15 2Q09 At the pubhc hearing they moved to recommend approval of the subiect AZ reauest a. Summary of Commission Public Hearing• i. In favor: Tv Morrison; Allen Barrows ii. In opposition: None iii. Commenting: None iv. Written testimony: Tv Morrison (response to staff report) v. Staff presenting application: Son a Waters vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission• i. None c. Key Commission Change(s) to Staff Recommendation• i. None d. Outstanding Issue(s) for City Council: i. None ~. Summary of City o ~n it Puhiic Nearing: L In favor: Tv Morrison ii, In opposition: None 111. Comi~i~ 'None ~. Written tes 'monv: None Y: ff precen 'n app i anon: nna a nine Yi. Other staff cowmen 'ng on app ication• Joe Silva King's Congregation Church AZ-08-014 PAGE 1 12. ev Issues of Discussion by Coune'l: Discussion about the need to brim the e~Hn~ systems 'n the e xi tines buildin~up to _ current IFC standards (s t #3 9 i E hibit Dl _~ ee commen n ev ounc 1 hap a to Staff/Commission Recnmmnnrlafinn is d a DA provision for the auu icant to b 'nu he e~rifin~ cvctemc in the exicfinv uildinrr up to current IFC tandard prior to is Dance of a 'ficate of Occnnancv or the change in use of the bail ing fcee DA pravi ion #o). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-08- 014, as presented in the staff report for the hearing date of March 10, 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-08-014, as presented during the hearing on March 10, 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.) Continuance I move to continue File Numbers AZ-08-014 to the hearing date of (insert continued hearing date here) for the following reasons}: (You should state specific reason(s) for continuance.) N. APPLICATION AND PROPERTY FACTS A. Site Address/Loeation: The site is located at 1201 E. Victory Road, in the northeast'/a of Section 30, Township 3 North, Range 1 East. B. Owner(s): Locust Grove Grange #118 650 N. Armstrong Place Boise, ID 83704 C. Applicant: King's Congregation P.O. Box 1317 Meridian, ID 83642 D. Representative: Ty Morrison, King's Congregation member (208-559-7874} E. Applicant's StatementJJustification: 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. King's Congregation Church AZ-08-014 PAGE 2 B. Newspaper notifications published on: December 29, 2008 and January 12, 2009 (Commission}; February 2, and 16, 2009 (Gifu Council) C. Radius notices mailed to properties within 300 feet on: December 18, 2008 {Commission}; January 30, 2009 fCity Council) D. Applicant posted notice on site by: January 2, 2009 (Commission); February 20, 2009 (Gifu Council VI. LAND USE A. Existing Land Use(s): There is currently a 7,000 square foot building on this site being used by King's Congregation Church. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by existing and future residential properties and a future school. (The property to the west and south recently received preliminary plat approval for single-family residences and a school in Cavanaugh Subdivision.) 1. North: Single-family homes in Cabella Creek Subdivision, zoned R-4 2. East: Single-family homes in Tuscany Village Subdivision, zoned R-8 3. South: Approved but not yet constructed single-family homes in Cavanaugh Subdivision, zoned R-8 4. West: Approved but not yet constructed single-family homes in Cavanaugh Subdivision, zoned R-8 C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: E Pienza St. b. Location of water: E Pienza St. c. Issues or concerns: Looping of the water main during phase two from E Pienza St. to the applicants West Property line. E. Physical Features: 1. Canals/Ditches Irrigation: There is a canaUditch that runs adjacent to the south and west boundaries of this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. F. Access: Access to this site is proposed via E. Pienza Street in Tuscany Village Subdivision. Direct access to Victory Road is not proposed or approved with this application. 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 "Public/Quasi-Public" on the Comprehensive Plan Future Land Use Map. Per Chapter VII of the Comprehensive Plan, public/quasi-public areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors. This category includes churches and public lands (excluding parks and schools} within the Area of Impact. King's Congregation Church AZ-08-014 PAGE 3 Staff finds that the development request generally conforms to the stated purpose, intent, and standards of the public/quasi-public land use category within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (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 wild be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheri, ff "s Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. A 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 VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Staff believes that the use of the property for a church is compatible with the future school and existing and future residential uses adjacent to the site because of the nature of the use. Additionally, a 20 foot wide landscape buffer is required and will be provided adjacent to existing and future residential properties to lessen the impact on adjacent neighbors from the church use of the property. • 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 lat landscaping is depicted on the master concept plan for the proposed project. All landscaping shall be installed and maintained on the site in accordance with the standards listed in UDC 11-38. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. Access to the site is provided from E. Pienza Street (a local street) in Tuscapry Village Subdivision; no access to Victory Road (an arterial street) is proposed or approved with this application. The existing access points to Victory will be required to be closed upon annexation of the site. • Chapter VII, Goal I, Objective D, Action 7 -Permit schools, churches, and other public and quasi public uses in rural areas, that are compatible with adjacent uses. King's Congregation Church AZ-08-014 PAGE 4 Staff believes the church would be a compatible use with the future school and existing and future residential uses that surround the site due to the hours of use and operation. ~ Chapter VII, Goal I - Ensure a variety and balance of land uses to support the Meridian Impact Area. Staff is unaware of any other churches within the general vicinity of this property. Therefore, staff believes the church will contributes to the variety of uses in this area of the city and provides a needed service to area residents. VIII. UNIFIED DEVELOPMENT CODE A. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists the permitted, accessory, and conditional uses in the L-O zoning district. Church uses are listed as principal permitted uses in the L-0 zoning district. B. Purpose Statement of Zone: 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: The subject property shall comply with the dimensional standards listed in UDC 11-2B-3 for the proposed L-0 zoning district. D. Landscaping 1. Width of street buffer(s); 25 feet adjacent to E. Victory Road, a minor arterial street; and 10- feet adjacent to Mesa Way, a local street 2. Width of buffer(s) between land uses: 20 feet adjacent to residential uses 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. The application states that no trees are proposed to be removed from the site. E. Off-Street Parking: UDC 11-3C-6 requires one off-street vehicle parking space for every 500 square feet of gross floor area in commercial districts. The existing building squaze footage depicted on the site plan is 7,000 square feet. Based on this amount, 14 parking stalls would be required; 41 are proposed, which complies with and exceeds this requirement. Additionally, per UDC 11-3C-6G, one bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof. Therefore, a bicycle rack capable of holding a minimum of 2 bicycles is required. Sta}j~'recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant s zoning and development request is appropriate for this property. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The Applicant is requesting approval to annex and zone 2.74 acres of land from the Rl zoning district in Ada County to the L-0 zoning district in the City. King's Congregation Church is currently operating in the existing 7,000 square foot building on the site and proposes to continue King's Congregarion Church AZ-08-014 PAGE 5 to operate at the subject site once the property is annexed. The property is currently designated on the Comprehensive Plan Future Land Use Map as Public/Quasi-Public. The church use of the property and L-O zoning district are compatible with this designation. The proposed annexation area consists of one tax parcel currently owned by Locust Grove Grange #118. The applicant has entered into an option to purchase the property contingent upon the property being annexed into the City. The annexarion legal description submitted with the applicarion (stamped on December 18, 2008 by Aaron L. Ballard, 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 L-O district listed in UDC Table 11-2B-3. There is no required front, rear, or side setback. However, if a landscape buffer is required, buildings shall be set back the minimum width of the buffer. Conceptual Master Plan: A conceptual master plan has been submitted with this application, dated 11/18/08 that depicts the existing two-story 7,000 square foot building and a future 42,500 square foot building to be constructed in a second phase. The first phase of development is proposed to include removal of the existing access points to Victory Road, construction of a 41-space paved parking lot with an emergency turnaround for the Fire Department off of Pienza Street, and the installation of a landscape street buffer along Victory Road and pressurized irrigation system. The second phase of development is proposed to include at least 52 additional parking spaces, a new structure and associated landscaping. Conceptual Building Elevations: The Applicant has submitted conceptual building elevations with this application that depict improvements to the existing wall surfaces and a future building to be constructed with phase 2, included as Exhibits A.3 and A.4. Improvements to the existing building to be constructed with phase 1 include stone veneer azound the lower portion of the building and new paint. The elevations for the future building depict stone veneer to match the proposed improvements to the existing building and a blue metal roof, also to match. Design Standards: Future development of this site shall comply with the current design standards in effect at the time of development. Existing Landscaping: There are several existing trees over 4" caliper that exist on the site. The applicant states that they intend to retain all of the existing trees with development of the site. Sidewalks/Pathways: The conceptual master plan depicts a new meandering sidewalk along E. Victory Road within the street buffer that connects with the sidewalk in Tuscany Village Subdivision. The Comprehensive Plan (page 55} requires detached sidewalks along all arterial streets within the City. Thus, the proposed sidewalk is consistent with the aforementioned comprehensive plan policy. A sidewalk is proposed through the site in alignment with the sidewalk on the north side of E. Pienza Street for pedestrian connectivity to the school site and between the existing and future residential developments to the east and west. The City's Master Pathways Plan does not depict a multi-use pathway planned for this site. Access: Currently this site has two access points to/from Victory Road; once annexed, the applicant shall remove all access points to Victory Road and access shall be prohibited. A stub street (E. Pienza St.) exists at the east boundary of this site from Tuscany Village Subdivision from which access is proposed. An emergency vehicle turnaround is depicted on the site plan at King's Congregation Church AZ-08-014 PAGE 6 the terminus of Pienza Street; ACRD is not requiring Pienza to be extended to Mesa Way. Drive aisles are proposed for internal access. No access is proposed to Mesa Way. ACRD and planning staff are supportive of the proposed access for the site. Fencing: The conceptual master plan depicts a new 6-foot tall wood fence along the east boundary of the site abutting Tuscany Village Subdivision. A 6-foot tall fence already exists at this boundary; the applicant is not required to construct a second fence along this boundary. Certificate of Zoning Compliance: The current church use of the property is not an existing appraved use in Ada County. (Staff was told by Sid Anderson at Ada County on 118/09 that no permits had been approved for a change in use from the grange hall to a church for this site.} Therefore, the applicant will need to apply for a Certificate of Zoning Compliance for approval of a church use in the L-O district once the property is annexed, prior to issuance of Certificate of Occupancy once annexed. The site shall be required to comply with all current code provisions of the UDC. Development Agreement: UDC I I-SB-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 progerty 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. EXHIBITS A. Drawings 1. Vicinity/Zoning & Aerial Map 2. Conceptual Master Concept Plan (dated: 11/18/08} 3. Conceptual Building Elevations -Phase 1 4. Conceptual Building Elevations -Phase 2 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 King's Congregation Church AZ-08-014 PAGE 7 A. Drawings 1. Vicinity/Zoning & Aerial Map Exhibit C -Page 1 2. Conceptual Master Concept Plan (dated: 11118/08) K1hG5 CUNGRI:GATIUN CREC - MASTHR C:UNCFPT PLAN ~re>~ iTf't¢LY SPTE FLAN A~'FLtt.ATR7nt sNAtE7(ATlt}FC8 CEfRT~iCAT~ QF 2CSNlti6 CQ~k9PLtANCE NOb°ET~EF 48 2t~ ~~ _ _ -_ _ _ ~ _ ~ -_ Ys ~xcnaa iriaa: ~ ~~ .>4 SS ' t waiusE^. aswf.•:cq„u:w e:W :3,w1Y1R44ni ea I '6 1 ''»TFGf xC•FSELVi 7L X11 ~ f r~ ~tGf,')T'.t~k'Ji:MLtY:CWR: M.,-o/.'i-.;r. £xq <'d +, C.- WocB QKt fCplt4U1FM{PB 4 ~ `~ ~tv.~ ++a 1 ~! T ats~nsrz.~s.~xc~a~ns.r~: f s+~r~CicU MR%lmgt /:67M~A: kEYY 6.f.QII3: 0.377SSF :.S.t 1d~5: *4fsl H~$LpiG 4~b~ siN55 ~ A ~ I 'NOSE i~F N+Ml1M1; A+JM1_eN) r,.iay M1JEl~b ~ e? 8~..~ dU'f. m m~a° ~ wrm-~n~s.a __ . oa• s~...,i.~r: 'i u~t ,. i 8. mw- 1 - - ~ ~~m-' i _-x--I' M l -~~ ~' '--- ~ _._-.6' ~Iilll t~ l~~\ _. _~J ~[ +P_L4 x. _ .. L_b L~ataS --- +s.aaca~n _._ _ __.& oxarmr '--_'uY r..m w -- ~ rsa~ - -- _._ ... um-,e: - _.. 0 { ~- -. ~. _ . ~q~ ~ ~~ u~ -. _.., - __-. . - - . - - .sxxa.m yon.. wm+, a _ _ _ _ _ -_ -. cYm.n cm w mmy LLWO*i io ^. _ w+va x ~ w R!~/! _._~~~~.~_ -~--~D ~~ Rae e9 P yUOi rm _ ~a E y~ro ~, a~au ~. Exhibit C -Page 2 3. Conceptual Building Elevations -Phase 1 THE KING'S CONGREGATION CAEC-MASTER CONCEPT PLAN ii/i8108 THE KING'S GONGREGAT101d CREC-~ NIA,S7'E_R CQi~tCEPT PC.AN fiHB/08 Exhibit C -Page 3 THE KING°S CONGREGLlT1GN CREC- R~,4STER CONCEPT. PLAN 1tl18/d8 Exktibit C -Page 4 THE KfNG'S CONGREGATION CREC..- MASTER~OAlCEPT PLAN_11/18/08. 4. Conceptual Building Elevations -Phase 2 THE KING'S CBNGREGATIQN CREC- CASTER CONCEPF.PLAId_ i11181OS Exhibit C -Page 5 THE KING'S Ct~NGREGAl70~! CREC- RASTER C©NCEPT P!_AN _~_iJ18!~8 THE KING'S CONGREGATION GREG- MASTER CtaNCEPT PLAN i1118!tI8 .. THE_KINO'S _CONOREGATION CREC -_II~ASTER CONCEPT PLAN 1111.08 Exhibit C -Page 6 B. Conditions of Approval On December 29, 2008 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 he comgleted within 1 year of City Council action. The required DA provisions are as follows: a. The applicant shall be responsible for all costs associated with the sewer and water service extension. b. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Qrdinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purpo~s such as landscape irrigation. c. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. d. Construct a minimum 5-foot wide detached sidewalk along Victory Road, as proposed on the conceptual master plan, prior to issuance of certificate of occupancy for the existing church building in phase 1. e. The existing driveway accesses to Victory Road shall be removed prior to issuance of certificate of occupancy for the existing church building in phase 1. f. Direct access to Victory Road is prohibited. Access to this site shall be provided from E. Pienza Street. All other access points to/from the site are prohibited unless approved by ACRD and the City of Meridian. g. Provide a pedestrian pathway through this site for interconnectivity between Tuscany Village Subdivision and Cavanaugh Subdivision and for access to the future school site to the west, as depicted on the conceptual site plan. Said pathway shall be constructed prior to issuance of certificate of occupancy for the existing church building in phase 1. h. A minimum 25-foot wide street buffer shall be installed adjacent to Victory Road in compliance with the standards listed in UDC 11-3B-7C. Said buffer shall be installed prior to issuance of certificate of occupancy for the existing church building in phase 1. i. A minimum 10-foot wide street buffer shall be installed adjacent to Mesa Way in compliance with the standards listed in UDC 11-3B-7C. Said buffer shall be constructed with each phase of development, as depicted on the conceptual master plan in Exhibit A.Z, prior to release of certificate of occupancy for each structure. j. A minimum 20-foot wide landscape buffer shall be installed along the southern end of the west property boundary, and the south and east property boundaries adjacent to residential uses, in compliance with the standards listed in UDC 11-3B-9C. Said buffer shall be constructed with each phase of development, as depicted an the conceptual master plan in Exhibit A.2, prior to release of certificate of occupancy for each structure. Exhibit C -Page 7 k. The Applicant. shall comply with the tree preservation standards listed in UDC 11-3B-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper and greater that are proposed to be removed. 1. Development of this site shall substantially comply with the conceptual master site plan and building elevations, including construction materials, submitted with the subject annexation application included as Exhibits A.2, A.3, and A.4. m. Development of this site shall comply with the current design standards in effect at the time of Certificate of Zoning Compliance. n. A Certificate of Zoning Compliance (CZC) that meets the requirements herein is required for approval of the existing church use, prior to release of certificate of occupancy for the structure in phase 1. Another CZC will be required for phase 2 of development. o. The. applicaut~hall brim the exiting systems in the e ' 'nom buildi~~u to _curre~ -- -- - -- IF~standards prior to issu~~e_of Certificate o~Qccuuancy for the_c an¢e in use _ __ --- __th~__buil~i'_n_ g= 2. Public Works Department 2. i Water service to this site is being proposed via extension mains located in E Pienza St. The applicant shall be responsible to install the water main to the applicants West property line in a location determined by the Meridian Public Works Department before the completion of phase two. The applicant will be responsible to install water mains to and through this development, 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 E Pienza St. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the. Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 The applicant shall provide a 20-foot easement for all public waterlsewer mains outside of public right of way (include all water services and hydrants). 2.4 The applicant has indicated the required pressurized irrigation system in this development will be owned and operated by an irrigation district, therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.5 The City of Meridian requires that pressurized imgation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle--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 azeas prior to signature on the final plat by the City Engineer. 2.6 Meridian Public Works specifications do not allow any large landscaping within a five foot radius Exhibit C -Page 8 of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.7 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.8 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 (20$)3342190. 2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigationldrainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.10 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. 2.11 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 signature on the final plat. 2.12 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. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 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. 2.17 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. 2.18 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. 2.19 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 ~0' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than Exhibit C -Page 9 400' 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 L/Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 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 far all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. Provide an approved turnaround along the east property boundary. 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 Commercial and office occupancies will require, with annexation approval, afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 Maintain a separation of 5' from the building to the dumpster enclosure. 3.8 Provide a Knox box entry system for the complex prior to occupancy. 3.9 All asp~ts of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. Code may require the building to be brought into conformance with IFC. 3.10 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m}. Exhibit C -Page 10 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 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 4. Police Department 4.1 The Police Department did not submit comments on this application. 5. Parks Department 5.1 The Parks Department did not submit comments on this application. 6. Sanitary Service Company 6.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC. 6.2 Waste enclosure access: The applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. 6.3 Turning Radius: the applicant shall provide a minimum of 50 ft, tuxning radius. 6.4 Waste enclosure dimensions: The applicant shall provide a minimum of 12 ft. clearance inside of the enclosure gates with the gates in the open position. 7, Ada County Highway District This application is for annexation and rezone only. Listed below are some of the findings for consideration that the District may ident~ when it reviews a future development application. The District may add additional findings for consideration when it reviews a specific redevelopment application. Site Specific Conditions of Approval 7.1.1 Dedicate either 48-feex ofright-of--way from the centerline of Victory Road abutting the parcel, or 38-feet ofright-of--way from the centerline of Victory Road abutting the parcel with a 10-foot public sidewalk and utility easement. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits}, whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot wide detached concrete sidewalk located no closer than 41-feet from the centerline of Victory Road abutting the site, except where it shall connect with existing sidewalk improvements to the east. 7.1.3 With phase 1 (occupancy of the Grange building), dedicate 25-feet ofright-of--way along the site's west boundary for the future extension of Mesa Way south of Victory Road. The owner will not be compensated for this additional right~f--way. 7.1.4 With phase 2 (construction of any additional buildings on the site), extend Mesa Way south of Victory Road, to include 24-feet of pavement, vertical curb, gutter, and 5-foot sidewalk on the Exhibit C - Page I 1 east side, and a 3-foot gravel shoulder and drainage Swale on the west side abutting the site. Additional right-of--way will be required if phase 2 precedes Tanana Valley's extension of Mesa Way. 7.1.5 Construct one T-type turnaround at the terminus of Pienza Street. Provide an easement covering the entire turnaround and documentation of support from the Meridian Fire Department for the alternative turnaround. 7.1.6 Pave each driveway onto Pienza Street its full width at least 30-feet into the site. 7.1.7 Other than access specifically approved with this application, direct lot access to Victory Road is prohibited. 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 ACRD 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 maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits}, which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 38?-6190 in the event any ACRD 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 Exhibit C -Page 1 Z 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 13 C. Legal Description & Exhibit Map tiifi LAT`la SROt3P, iNC Ufacember 18, 2tMtlt ~' Project No. 480t,2 Annexation and Rezot~ Legal I?escripti~sn iCin$'s Congregation 2.74 Acres s Exhil>'lt "A" A tract of iand situated in the Northvre~ t?ne Quarter oaf the Alortheast (~ Quarter of St:~ian 34, 7'ownsltip 3 Alorth, Range I , Rise Meridian, ~1da County, Idaho, dt~eribed as follows: Camrttenciatg ai a fauna a:~'`8-iarh steel pin rnoaur»entitt8 the Nttrtlt E Qttatter C.at~r of said Semen 34, thence foilnwing the taor#Iterly line of the No~twest Kite Quarter of the Northeast Una Quarter of said ~uion 30, )\lottir 89@2' I3" C'.ast a distt~ee csf I ,069,99 feet to a pc+int, which beats 5aadlt $~Jr42' i 3" ~Ve~ a dastmtce o€ 1,569.49 feet from a found Sf8-inch s~eei pig manur~tifirt~;-the No;:Ihe~ Garner o!'~id Section 34, aad bueisg the PAINT OF BEGINNING. Thence following said ttat~ly line, North 89°42' 13" Fast a di~ar~e of 230.011 feet to a faumtl X18-inch steel pin on tl~ westetiy iitts of Tinny ditla~ Subdivisi+an Na. I arui 2 {a recorded subdivlsit-n on Ple in Bnaks 89, and 92 of Plat woks at Pages 1439$-143, ~s1 143$93, rcconds ofAdzi Gcstmty, lclalml; Thence follawiag said westerly line, South 40°43' l 1" West a dlstsnec of SZO.ti~ fret to a point-, Thent~ leaving said >+~stefly line, North 89°~b'd9" Weak a disiartr.e of 24.04 feet to a point; Thetrce Nordt 00°03' 1 t" Ease a distance a€ 29.84 feet to a paiar, Thence South 89°44'37" West a dlstauce of 214.40 feet to a }taint; Thence North 41"49'05" West a distance of 494.40 Peet to the Pt)1NT AF $Et"i1NN1NG. Ilse above-described tract of land earttaitts 2.74 acres, tnom or less, sttbjet:t to ali exiling easements and rights-af-way. Prept-red By: TI lE LANG GROUP, IIJC, 46$ E SbWRE DR1VE, SUITE 100 FAGI.I„ IDAHO $361b 2~-939-d941 208.93-44A5 (~'AX) ~i t .erdtn~pr,risr&te~,v~r s Seri D&zuti~ ~ Ci+rJ tasrrnaR • Cie~d:s~ lrr,~tea ew he rte~b•f' dB2 !: !~nm ihira•. ~ 14U, liagk. I.t~.a 1i3b1k s t~ ~i 9.19..gb11 [• 3d111f139.41iS r tCCrv ~..c, ..- ~ b ;?,ti9i3Lt1N1Yr2t-Idirdn ;t.~r~le~1._tYp16:,,,1mn•stla+es~ AB13Hf.dr~e Exhibit C -Page 2 Sheeted im a Portian u!'the NN' !'d oftl>e NE lr4 ot4sciic>n Y(4, iuwnshfp 3 Notth, Rmrge 1 I3.h9 Ada C'awnty, !da&o 2[k~i 5/9° SZ£q. r~IN 5!8° Stffi Ptq ~N !1+ CDRh~R ~CT~ti w ~ iG !~ 4t>~tER SE~t~I ~ ~~ _~' ~. l/IC~'~RY R~A[9 ! ~ ~ ! 261 E. V~Ctory Read Current Tax Dishict: RI $ Proposed 'Cax P~xtrict: L-O ci 119,13? SF ~ 4t ItUtl +sla l~, `.. f 1 f}'ti4t\4 Ftl l a~ii Y1°t!}147 v;a .L 'N,~ 3 A 1 a g r ,~ sv SQ~3'11'W 6 ~ ~ ~ 2s.s9,~' S89'S8'49`E ~ MER1131ANP118~1C 20.00 !Z.`t$'~ t 9NflRK3.t3EP'S _ _._~ 4?R PAO~CT ~97QN ~~LA f '~ 1~ . l~ - ----- - -- --- -- - - ' - -- - ,~ tv~ --' r =~. t _ ~ ice.... a ~a~ ar~d Aeztme ~ ; ~ Of 1 _~ _. _ f Exhibit C -Page 3 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shaIl 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 L-O; the Comprehensive Plan Future Land Use Map designation for this property is Public/Quasi-Public. The City Council finds that the proposed zoning map amendment complies with the proposed church use of 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 comply with the purpose statement of the commercial districts and the established regulations of the L-O zoning district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council fords 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 is proposing 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 L-O would be in the best interest of the City if a Development Agreement is required with the provisions noted in the staff report. Exhibit D -Page l JUIy 24, 2009 MERIDIAN CITY COUNCIL MEETING JUIy 28, 2009 APPLICANT ITEM NO. S-G REQUEST Agreement Accepting Proposal with Idaho Painter's Guild to Display Artwork in Initial Point Gallery from July 24 to August 28 and Establishing Terms and Conditions AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Date: Phone: _ Staff Initials: Matertals presented at public meetings shall become property of the Cffy of Mertdlan. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITL~I. POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: TERMS AND CONDITIONS OF DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made this ~~~day of July, 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Roger C. Lyngaas, an individual person authorized to represent Idaho Painters Guild, an informally organized organization, whose address is 12713 W. Renwick Street, Boise, Idaho ("Organizer"). (City and Organizer may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Organizer did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on February 9, 2009, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Organizer's proposed exhibition for display based on the Proposal, and recommended to the Meridian City Council that an exhibition of the artwork of the members of Idaho Painters Guild ("Artists"), as depicted in the Proposal, be displayed in Initial Point Gallery in or around July 24, 2009 to August 28, 2009; WHEREAS, at its regular meeting on February 10, 2009, the Meridian City Council adopted such recommendation and directed the Commission to work with Organizer to establish a display of Artist's artwork in Initial Point Gallery in or around July 24, 2009 to August 28, 2009; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 Of 7 I. WARRANTY OF AUTHORITY Organizer expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Idaho Painters Guild and its principals, including, but not limited to, Artists. Organizer further warrants that he is authorized to bind Idaho Painters Guild and its principals to the obligations set forth herein, and to accept the liabilities a,s established herein on behalf of Idaho Painters Guild and its principals, including, but not limited to, Artists. II. SCOPE OF SERVICES. Organizer shall personally deliver to Initial Point Gallery, on Friday, July 24, 2009, at 9:00 a.m., or at such date and time as is mutually agreed-upon by Organizer and the Gallery Curator, approximately twenty (20) paintings, which paintings shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Organizer shall be responsible for hanging such artwork on July 24, 2009 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from July 24, 2009 to August 28, 2009 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on August 28, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Organizer and the Gallery Curator. III. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organizer shall display Artists' artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or to Artists for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Artists may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any artwork on display in Initial Point Gallery. City personnel shall not be asked to facilitate in any way the sale of work displayed in Initial Point Gallery; any transaction related to the sale of artwork shall be handled solely by Organizer. Organizer acknowledges the Commission's request that Artists voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from the Gallery, provided that Organizer shall replace the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 Of 7 IV. TIME OF PERFORMANCE. Organizer shall provide services described in this Agreement in a timely manner, as described herein. Organizer acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. V. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organizer shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Organizer and/or Artists for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. VI. DISPLAY. A. Original artwork. Organizer warrants that any and all artwork provided by Organizer and/or Artists for display in Initial Point Gallery shall be, and is, original work conceived and created by Artists. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, the Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of name. Organizer hereby conveys to City permission to use the name(s) of Organizer, Artists, and/or the Idaho Painters Guild for purposes of advertising, marketing, and public information, without violation of Organizer's, Artists', or the Idaho Painters Guild's respective rights of privacy or any other rights Organizer, Artists, or the Idaho Painters Guild may possess under this Agreement, provided that City shall not use ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 of 7 Organizer's, Artists', or the Idaho Painters Guild's logo(s), if any, for any purpose without the express, written permission of Organizer or Artist, respectively. ID. Use of City's name. City hereby conveys to Organizer permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Organizer shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Organizer in the manner set forth herein. While it is intended that Organizer's exhibition will be displayed in Initial Point Gallery for the period set forth herein, this period maybe shortened by City for any reason, with no prior notice to the Organizer. F. Removal of artwork by Organizer. Organizer shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VII. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or properly, and from any and all losses and expenses caused or incurred by Organizer, Artists, and/or their servants, agents, principals, employees, guests, and/or business invitees. >~. Waiver. Organizer shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Organizer's or Artists' performance of this Agreement, whether such loss or damage maybe attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Organizer's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Organizer in the furtherance of Organizer's or Artists' rights or obligations described herein. Insurance of the artwork; of Organizer's and Artists' person(s), ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 Of 7 property, or interests; and/or that of Organizer's and Artists' employees, agents, or principals shall be the sole responsibility of Organizer or Artists, respectively. Organizer and/or Artists shall obtain all necessary insurance as may be required in order to protect Organizer's and/or Artists' insurable interests as to all rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Organizer shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. ~I)[. TERMINATION. A. Termination for cause. If City determines that Organizer has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time with no prior notice to Organizer. C. Termination upon death or incapacity of Organizer. This Agreement shall automatically terminate upon the death or incapacity of Organizer. ID. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. IX. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of the Parties that Organizer and Artists are independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer and City or between Organizer and any official, agent, or employee of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between any Artist and City or between any Artist and any official, agent, or employee of City. Organizer and Artists shall retain the right to perform services for others during the term of this Agreement. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE S Of 7 B. Compliance with law. Throughout the course of this Agreement, Organizer and Artists shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, neither Organizer nor any Artist shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either parry, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H[. Successors and Assigns. Organizer shall not subcontract or assign any of Organizer's obligations under this Agreement that require or that may require her artistic talent or expertise. Organizer may subcontract or assign obligations that do not require her artistic talent or expertise, provided that all of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Organizer: Gallery Curator: C Roger Lyngaas Dwight Williams Emily Kane Idaho Painters Guild Meridian Arts Commission Deputy City Attorney 12713 W. Renwick St. 33 E. Broadway Ave. 33 E. Broadway Ave. Boise, Idaho 83709 Meridian, Idaho 83642 Meridian, Idaho 83642 (208) 850-4989 (208) 887-6473 (208) 898-5506 icedoghans@cableone.net dwight5332@q.com ekane@meridiancity.org ACCEPTANCE AGREEMEN'C INITIAL POINT GALLERY DISPLAY PAGE 6 Of 7 Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreemenk Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity iu the absence of 11~eridian City Council approval. IN WITNESS'WHEREUF, the parties hereto have executed this Agreement on the day of July, 2009. STATE OF IDAHO ) ~ ss: County ofd ) I HEREBY CERTIFY that on this day of 2009, before the ~~' ~ ~ ~1-~ undersigned, a Notary Public rn the State f daho, perso ly a eared .~, known to me to be the person who executed the said instrument, and acknow edged to me that she executed the same. _ l IN WITNESS WHEREOF, I day and year in this certificate first PAGE 7 of 7 ACCEPTANCE AGREEMENT IN1TtAL POUVT GALLERY D1sPLAY CITY ©F MERIDIAN: Exhibit A Meridian a Commission CQII fOf ~P~'JS~'S: 2009 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2009 Initial Point Gallery Series, a series of two-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Nall {33 E. Broadway, Meridian, Idaho), and is open to the public during City working hours. initial Point Gallery provides 9 20 feet of total wall space-60 feet on either side of a generous space; featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 209x7 of proceeds from works sold due to their display in Initial Paint Gallery. ELIGIBILITY: The 2009 Initial Point Gallery Series is to be comprised solely of professional-quality, ready-to-hang, two-dimensional, original arC that is conceived and created by artists who live or work in Idaho's Treasure Valley, Artwork on paper and/or with mats must be under glass or acrylic. No piece will be displayed which: cannot be safely hung using the gallery's system; requires unusual maintenance, handling, or security; or is disruptfire or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements; selected artists or organizations will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2009 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application & Aeknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; • Up to five digital images representational of the artist/organization's work, on a CD; and • $35 gallery maintenance fee. Details and forms are available at the City's website, http://www.meridiancity.org or by a-mail request to mac~meridiancity.org. Materials submitted for consideration cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, February 6, 2009. SELECTION PROCESS: The selection of art for the 2009 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or organization that their work has been chosen for display in Initial Point Gallery by setter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and + Contribution to aesthetic and cultural atmosphere of Meridian City Halt. RESOURCES PROVIDED UPON SELECTION; The City of Meridian will provide selected artists/organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; • Space for artist information andlor an information board; and • Publicity of the exhibit through local media and other informational forums. CONTACT MAC: By mail: By a-mail: Meridian Arts Commission Attn: 2009 Initial Point Gallery Series 33 East Broadway Meridian ID 83642 mac@merldiancity, org Exhibit B Meridicln Commission AppticQtion tt Acknowledgments: 2009 iNITI~-L POINT GALLERY SERIES AR77STlORGANIZER CONTACT INFORMATION: Check one: C11 am submitting this farm as an individual artist. tam submittirt>3 this form nn h~ftalf ~f a~ o ArtistlOrg. Name: organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: rgantzat on. same Day: 208 283 7871 Evening: Cell: 283-789'I APPIJCATiON OVERVIEW: Check one: ~~,)1we propose to fill one Ralf of Initial Point Gallery wRl- artwork. f~ I/we to fill the entire initea! Paart Gatllery with artwork. Number of pieces: Ave s u ~ ~' ~ t- ~ « rage size of pied: l~l~i,~___~ x I~ ~ (IG X ~ APF~ j.ICATtON MATEit1AL5: ~ ompleted, signed Application R Aclotowledgements Form ~i©graphy of artist or infornrafaonal statement regarding ~gar+iaatian, no [anger than one SYa x 1?"page; A letter of intent, desa~ibing: + Artist![)rganixation's vision for andJor theme of the exhibition; + Number, dimetuions, prices, an+i medium or media utilized in the works to be displayed; + Any publicity that the Artist/Organization plans to undertake if selected; andlor Arry atypical issues or challenges regarding hangir~ or tr>spiay of the warlc~ proposed for display. Up to flue digital ink representation of the artist's/ban's work on a CD, resolution of 3W dpi at a minimum size of 5x7°, in .jpg format Please name soda image file with artist last name ar organization name and the fills of the work ~e.g.: name.titlejpg). Materials submitted will not be returned. flantaged or non-cornptiant CDs and/or images wIU trot be considered. C~$35 gallery maintenance flee; check made payable to the Meridian Arts Commission. i'Itis fee is nonrefundable. HANGING INFORMATION: Initial Point Gallery is equipped with a track system for hanging exhibits. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of [fie frame, or two D rings o~ the side rails on the back of the frame, as illustrated 6e[ow. Wires or eyehooks may not be used for hanging, and clip frames are not allowed. 1 I F• .y .. .. ~i: .. f k: Picture Fiattging will, one Caere APALICATION AND ACiQyOWLE~jµENT - 2009 INITIAL POINT GALLERY SERIES PAGE 1 OF 2 ~~~er ®f I®tentt Meridian Arts Commission Arm: Initial Point Gallery 33 East Broadway Meridian, ID 83642 Idaho Painters Guild evolved as a result of a backyard barbeque amongst a group of several fellow landscape oil painters. We are a social group of Idaho painters and love nothing more than to encourage each other's successes. Several of us have won awards and artistic achievements and many of the Guild members are professional artists selling their pieces io the general public. One of our members is our memtor, Fred Choate, whom the PBS Channel 4 Iabels `Fainter of Idaho". Membership is open to all Idaho based. painters, regardless of genre, who show a seriousness to evolve into professional quality painters. We look forward to ,having new members join as we journey together in creativity and joy in our arlistic endeavors. The Guild meanbers have developed friendships that have grown close and deep as we all share the love ofnahue's beauty in Idaho as well as our mutual need to express our vision and creativity with oil paints on canvas. if chosen, this exhibition will attest to the many beaut3ftil, and enchanting natutal scenes and changing seasons in Idaho as seen through the eyes of the artist with each of us having a unique artistic style. Together the exhibition provides a well rounded view into the awe and amazement of our beautifirl state. Many of the pauiti~ngs wi11 have been paint«1 on site as several of us utilize `Mein air" techniques. The Idaho Painters Guild will provide a selection of professional ail landscapes, fly framed, ready to hang accordinig to the specif cations required by the MAC. Each piece will be labeled with the loc~fion of where it was paunteed. The Guild would lflce iJO have the full exhibition space and will gladly replace pieces as they are sold as th maentain the full utilia~tion of space allotted. for this exin'bifion. The pieces range in size from 9"x 12" up to 16" x 20". Prices are affordable and vary from $70.04 up to $SOO.flfl. If the MAC requests, the Idaho Painters Guild will o~ landscape oil painting classes through the instruction of Fred Chaste ($20.flfl for a two hour class) for those who would lilce the op~rtunity r to explore their artistic passions. These group classes are informative, firn and a great outlet for " connecting with ones creative sole. Our work is clean, whole~me and offers the viewers a z~pite into nature as they take time out to step into each work of art. We thank you for your consideration. With Warm Regardsy Julie Iftla, Ann Samuelsen, Roger Lyngaas, Ellen Garrard, Craig Arrowood, Kevin Hughes, Tony Tramp, Fred Choate, menxbers. t Idaho Painters Guild Julie Iffla (contact} iifFiatiucabieone.ne~ 12592 Heatherhills Street Boise, ID- 83709 (2fls~ 283 7x11 Exhibit C Acs ITS: 1, ~~~ °~--~ t~reby aclmowlealge the fotlowi orgarriaatia~re's arfi work is setecfied for ! at Jnifiial Point Gal ~ stipulations and agree that if my/my aY levy, serrF? display shall acee~,- selb7eet to titese~ general terms and conditions, as well as subject to other specific terivrs and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. 1 specifically acknowledge that A. Before my udork wit! ~ d~ptayed in initial Paint Gallery, i will be required to enter into an Acceptane ~ Agreerr>ent wins the City of Meridian establishing the specific terms and caaiditioris of the display of the particular works displayed. i B. if my work is selected far display in lnitlal Point Ga{lery, the City of A~eridian and ~s agerrts wilt exercise professional care in handling and securing all attaaark displayed in Initial Paint Gallery, but cannot and will not assume Eiabi~ity far any [ass or damage. C. Any ire of the artwork displayed fin [nitfa! Point Gallery shall be the sole respor~ibility of the art~t. The City of Atieridian shalt not provide insurance to cover lass, theft, or damage of artwork displayed in ~~ial Point Gallery. D. While art work displayed in initial Point Gallery may be passively offered for sale by means of an ~ informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in initial Paint Gallery wilt be displayedfor a orte- to two-ti'~nth period, this periai may be si~srterted by the Csty of Meridian for any reason, witi~ut Mice to the artist. IF. The City may display the work of mare than one artist in initial Point GaQery at arty time, at the City's ~ sole discretion. G. Art work submitted for display in initial Point Gallery must be original works conceived and created by the artist (or by artist mernbers of tfie orgariizat~6on~ submifitirrg film application. H. Meridian Cs'Ey Mal! is prinsarity as plate of public br~irtess anal Inal Pm-irst Gallery is a public place. The "` City seeks to encata'age artistic expression and public dialogue, but must simultaneously enure that City hail is a plate where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and art work meetir~ fibs eligibility standard described in the ir'alt for Artists and fallowir~ the terms set forth in the Acceptance A$reerrs:rrt, shall be displayed ~ Initial Point Gallery. ! da ackriowiedge and ras~rst~td earls ased all of the stipulations and do agaee to these geiserat terms and'' conditions. Signature: Print namE: --~~i.~.1,ie.- ~Z.~. 17ate: \ . 'ro propose an exhibition in inihla! Pairst Gaiter~r, ptea~ submit this forns, canigrleted in full, with the required maferiaLs, as follows: Via U.S. mil: Merklian Arts Commission Attn: lrnftial Point Gallery 33 East Broadway A~ridian 1D 8364? Thank you far your interest! A~ucAr~on~ a~ Ac~nvawi.mGeuErir - 21109 >r~ma. Poi~rr G,u.u~ SEA P,aae 2 of 2 July 24, 2009 MERIDIAN CITY COUNCIL MEETING JUIy 28, 2009 APPLICANT ITEM NO. S-H REQUEST Approve Award of Bid and Contract to Hillside Landscape Construction for Heroes Park Phase 3 for $1,054,353.60 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. a-~r~K- COMMENTS See attached AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (PUBLIC WORKS OF IMPROVEMENT) HEROES PARK CONSTRUCTION THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of ~, 2009, and en#ered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and HILLSIDE LANDSCAPE CONSTRUCTION. INC, hereinafter referred to as "CONTRACTOR", whose business address is 3900 N CAN ADA RD. NAMPA. 1D 83687 and whose Public Works Contractor License # is C-10651. INTRODUCTION Whereas, the City has a need for services involving HEROES PARK CONSTRUCTION -PHASE III; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such. services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scop® of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorpora#ed herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is Heroes Park Construction Phase III - page 1 of 12 copyrightable, the Gontractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this AiAgreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 1.5 City permits will be required. There will not be a fee for the City permits. 1.6 USE TAX. Contractor is responsible for the use tax associated with the following items purchased by the City for this project: Item Qy Cost Use Tax Bay A Frame Standard Swing 1 $ 1,840.00 $ 110.40 Kids Choice Play System 1 $ 24,642.00 $1,478.52 These items are at the Meridian Water Department at 2235 NW 8~' St. The Contractor is responsible for all tool, labor, costs, and coordination associated with the loading, delivery, unloading, and installation of these items including touch up paint (not provided by the City). 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis in the amount of $1,054,353.60 as provided in Attachment B °Payment ScheduleA attached hereto and by reference made a part hereof. Heroes Park Construction Phase III - page 2 of 12 2.2 The Contractor shall provide a monthly payment request, as the work warrants, of fees earned and costs incurred for services provided during the billing period to the City of Meridian, Attn: Max Jensen, Capital Projects Manager. The City will pay within 30 days of receipt of a correcfi invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of alf taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment~A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; Heroes Park Construction Phase III - page 3 of 12 b. Sale of Contractor's business; or c. Death of Contractor _ ____ 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED _ DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have ninety (90) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of Three Hundred Dollars ($300.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, #alsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the perfom~ance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this Heroes Park Construction Phase Ill - page 4 of 12 agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 _ In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. F~ccept as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreemen#. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or properly and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the perfom~ance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occun-ence and Workers' Heroes Park Construction Phase III - page 5 of 12 Compensation Insurance, in the statutory limifis as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgment; for damages or injury to persons or properly and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible properly, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of ifs obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian Cifiy Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, selfi insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. Heroes Park Construction Phase Ill - page 6 of 12 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and PerFormance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Noitces: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certfied, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Hillside Landscape Construction, Inc Attn: ClifF Yochum 3900 N Can Ada Rd. Nampa, ID 83687 208-343-2545 Idaho Public Works License #: C-10651 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. Heroes Park Construction Phase III - page 7 of 12 11. Assignment: it is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Us® of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authorrty to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. Heroes Park Construction Phase Ill - page 8 of 12 16. Compliance with Laws: In perfom~ting the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the _ T___ ____ Scope of Work to be performed hereunder. Such changes, including any _ _ increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construci~on and Severability: Ifi any part of this Agreement is held to be invalid or unenfiorceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiv®r of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Heroes Park Construction Phase III - page 9 of 12 CITY OF MERIDIAN BY: T, HILLSIDE LANDSCAPE CONSTRUCTION, INC BY: Dated: '1[ -~~ °~®t Approved by City Council: ~ - L2S Attest: Dated: ~• az •m~' ®r "~~ ~ ~`~, ~ Fo ~ JAYCEE L. HOLMAN CITY CL K y ~ ~°~ ~ ~~ ~S~ zsq•~ ~~o Approved as to Content ' ~ ~'®~~~,~ , ~®~ BY: KEIT A . RCHASING AGENT Dated: ~'G. 3 - Approved as to Form CITY ATTORNEY Heroes Park Construction Phase III BY: [~/\~i TITLE: <5~~.. ~~r ,~-~' Dated: 7 ~~ 3 ~--®aj - page 10 of 12 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PK-09-10078 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the invitation to Bid Package # PK-09-10078, are by this reference made a part hereof. This contract is for the BASE BID only and NO bid alternates. Heroes Park Construction Phase 111 - page 11 of 12 REYiSED 8iD FORM HEROES PARK CQNSTRUCTION -PHASE BiD AIUMBER PK09-70078 BASE ~31D Ali I ls~de ~~ ITEM DESCRIPTION UNIT ~ EST. PRICE TOTAL • QUANT. PER A _ UNIT ..:~: LANDSCAPE AND SPRINKLERS 1 DLMOLITI®N LS 9 9120,00 8120.00 2 SPRINKLERS lS 1 4890.00 4990.00 3 NEW PLANT MATERIAL LS • • 1 7640.00 7640.00 4 PLANT LABELS EA 20 20.00 400.00 5 BARK MULCH CY 25 • 34.00 860.00 • 6 ACCENT BOULDERS ~ LS 14 240.00 3360.00 7 MONUMENT: BOULDERS - LS 1 2010.00 2010.00 8 EZ-FLOW DRAINAGE SYSTEM !.S • 1 • Si.960.00 5950.00 9 RAISED BLOCK WALL LF 80 62.00 • 4160.00 10 PAw=R WALK SF 3~ 8 SO • 3096.00 11 72 EXTRUDED CONCRETE CURB ROOT'CONTROL ~RRIERS LF LF 18 4.00 150 5.00 7200 7SOA0 13 REPAIR OF DAMAGED LAWN LS 1 ~ 7~t30.00 1130.00 SUBTOTAL FOR LANDSCAPE AND SPRINKLERS 435as.oo BWLDINt3 AND SITE ITElIII.R 1 CONCESSIONS/RESTROOM BUILDING • HVAC {SUBTOTAL} ' $ p, LS 1 12 0. 2 .vo ELECTRIICAL SUBTOTAL) $ PLUMBING (SUBTOTAL) $ ppp.pp 2 SHADE STRUCTURE LS 1 78280. 76290.00 3 FLAT WORK CONCRETE SF 8320 2.60 21632.00 • 4 S11'E FURNISHINGS TRASH RECEPTACLES EA 17 • 500.00 8600.00 BICYCLE RACKS • EA 2 990:00 980.00 BENCHES EA• 6 750.00 4500.00 • DRINKING FOUNTAIN {PROwD®BY cmr, INSTALLED BY CONTRACTOR CS 1 410.00 410.00 SECURfTY LIGHTING LS 1 720:00 120.00 5 ~ UTILITIES . SEWER LS 1 90.00 950.00 POTABLE WATER LS 1 7030.00 1030.00 NON POTABLE WA`o'ER LtNI= LS 1 2580.00 10.00 STAKING FEES LS 1 3720.00 3120.00 • EROSION AND SEDIMENT CONTROL MEASURES LS 1 • 410.00 470.00 MISCELLANEOUS LANDSCAPE LS 1 760.00 760.00 Page 17 of 36 Addendc~v- ntv ~ 6 SECURITY FENCE LS 1 2880,00 2880,00 _ -- _ _ SUBTOTAL FOR Bt~LDINQ AND SITE /TENS 336 1 ~2 . 0 8 FURNISH ALL LABOR. MATERIALS. !S 1 EQUIPMENT, AND INCIDENTALS AS• REQUIRED PER THE DRAWINGS AND INDMDUALLY LISTED IN THE ABOVE B!D ITEMIZATION FORAREA --1 _ HEROES PLA7~- 4190.00 4190.00 • SUBTOTAL FOR M/SCEl1ANE0US 4190.00 --- #'! ~C~TAL ~, q to . o0 I 1 I DEMOLITION _ ~ LS 1 7140.00 7140.00 I 3 I NEW SPRINKLER SYSTEM ~ LS 1 5360.00 5350 00 4 NE1IV PLANT pAATERIAi t S ~ ?t7~n nn ~~~n nn 5 HAND GRADDING • SF 14 ~ o®.@d ~o.~ •8 INSTALL NEW SOD . SF 10000 00.27 2700.00 7 ORNAMENTAL IRON FENCE LS 1. 8680.00 8680.00 SUBTOTAL FOR LANClSCAPEAJV© SFR/A/KLER 30800.00 BUIL,>~NGS AND $ITE ITElIAS 1 SHADE STRUCTURE LS 1 14600. 14600.00 2 FLAT WORK CONCRETE SF 4125 2.60 10725.00 3 ASPHALT PATH SF• 2450 1.30 3185.40 4 PLAY STRUCTURES -. AGE 2 TO 5 •• LS 1 19480.0 19480.00 AGE 5 TO 12 (THIS STRUCTURE HAS LS 1 BEEN PURCHASED BY THE PARKS DEPARTMENT AND tS LOCALLY AVAILABLE THE CONTRACTOR WILL BE RESPONSIBLE FOR TRANSPORT' AND INSTALLA 5690.00 5690.00 5 SWINGS AGE 2 TO 5 LS 1 3660.00 3660.00 . AGE 5 TO 12 (THIS STRUCTURE HAS LS 1 BEEN PURCHASED BY THE PARKS • Dt~ARTLNt~iT AND IS LOCALLY AVAILABLE. THE CONTRACTOR WILL BE RESPONSIBLE FOR TRANSPORT AND 1NSTALLATIO 520.00 520.00 6 CLIMBING ROCKS AGE 2 TO 5 LS 1 6620.00 6620.00 AGE 5 TO 12 • LS 1 21630.00 21620.00 7 PLAY AREA SURFACING CY 260 40.60 10556.00 8 SITE FURNISHINGS ' Tw i w^ • wn.wr.w... a . ~ ~v~vr7 f\GLGT 1J1VL.Ca7 Ct~ ~ ~~.VV '4QQQ.QQ • BICYCLE RACKS EA 2 490 00 980 00 Page 18 of 36 rgdd~r~durn Igo. ~ • ~a.s~•~ S v~ i 1 UKIIViVNG FOUNTAIN (PROVIDED 8 CITY,-INSTALLED BY CONTRACTOR 9 SECURITY LIGHTING POWER {EXTENDED TQ SHADE STRUCTU MISCELLANEOUS STAKING FEES, EROSION AND SEDIMENT CONTROL, AND LANDSCAPE REPAIRS ' .1 1 1 1 s2o.0o s2aoa 7440.00 7440.00 3100.00 3900.00 anrost7F~s ~5b 276. ob 1 FURNISH-ALL LABOR; MATERIALS, EQUIPMENT, AND INCIDENTALS AS REQUIRED PER THE DRAWINGS AN® SPECIFiGAT10NS WH1CH MAY NOT BE INDMDUALLY LISTED IN THE ABOVE BID ITEMIZATION FORAREA - 2 NEW LS ~~ ~2 TOTAL I ~ 1 Z~, ~ 080. 4 PLANT MATERIAL __ LS • - ~.~~ ' 1 4590.00 ~• ~".°~ 4690 00 5 PLANTING LABOR LS 1 2390.00 . 2390 00 8 PLANT LABELS EA 30 20.00 . 600 00 7 SPRINKLERS LS 1 3930.00 . 3130 00 8 PLANTER BED SURFACING LS 1 2 00.00 . 2100 00 9 SECURITY LIGHTING LS ~ 1 310_~O . 3~e_ee 1 FURNISH ALL LABOR, MATERIALS, EQUIPMENT, AND INCIDENTALS AS REQUIRED PER THE DRAWINGS AND' ' SPECIFlCATIONS WHICH MAY NOT BE INDMDUALLY LISTED' IN THE ABOVE BID ITEMIZATION FOR AREA - 3 • RMEt~ We~TER I3~.PRE~ . LS I 1 AREA #3 TOTAL 124s2o.oa Page 19 of 36 ~~~ ~~ ~ 1 ,' •~- 4 v LANDSCAPE AND SPRINKLER 1 STRUCTURAL FILL LS. 1 14880.0 4880.00 ,i 2 3 SPRINKLERS HAND GRADING LS SF 1 ~• 5720.00 250 Q0,04 5720.00 V 890,00 4 PLANTINGS 1S 1' 2410.00 2410.00 5 BARK MULCH CY 40 34.40 1376.00 6 HYDROSEEDING ~ SF 22,250 00.05 1113.00 O ~lL -- - - BUILDING 1 OPERATIONSJRESTROOM BUILDING LS 1 1 0.00 ! 710.0 0 ELECTRICAL (SUBTOTAL) $ Ob.b wA N/A PLUMBING (SUBTOTAL) $ 1 .p wA wA Sl/BTt>'TAL FOR BtALD1NG 1 ~~ 1 ro . obi RELATED HARDSCAPt65 _ 1 NEW ASPHALT PAVING SF 15 710 1.46 22937.00 2 CML ENGINEERING~SI7E ITEMS • NEW SIDEWALK ALONG TEN MILE SF 530 2.60 '! 378.00 VALLEY GUTTER LF 3.5 14.90 819.50 ' CURB AND GUTTER LF 50 14.90 746.00 St~TOTAL FOR RELATL~D HIIRDSCAPES 25879.10 UTILITIES 1 2 8° SEWER MAIN AT TEN MILE ROAD WATER METER CORD STOP LS LS 1 ~ 8140.00 1 6430.00 8140.00 1430.00 3 POTABLE WATER • LS 1 30.00 2030,00 4 ~ NON POTABLE WATER ' ~ LS 1 2060.00 2060.00 5 4° SEWER SERVICE LS 1 5260.00 5260.00 8 STAKING FEES. LS 1 1950.00 1350.00 7 GREASE INTERCEPTOR LS 1 3770.00 3no.0o 8 EROSION AND SEDIMENT' CONTROL MEASURES LS 1 810.00 890,00 9 REPAIRS LS 1 750.00 750.00 • SUBTOTAL FOR UTILJTlES 31200.00 MlSC~.LANE~l3 1 SECURITY FENCE LS 1 2230.00 2230.00 2 6' PRIVACY FENCE AT PERIMETER LF 450 28.00 12600.00 3 GATE 25' WID LS 1 600.00 600.00 4 GATE 30' w1D LS 1 soo.0o soo.0a 5 FURNISH ALL LA80R, MATER~IAL.S, EQUIPMENT, AND INCIDENTALS AS REQUIRED PER THE DRAWINGS AND SPECIFlCATIONS WHICH MAY NOT BE 1NDMDUALLY LISTED IN THE ABOVE BID ITEMIZATION FORAREA - 4 OPERATIONS AREA LS 1 1530.0 1530,00 SUBTOTAL FOR A~dSCF.tLr4NE0U5 37560,00 . AREA #4 TOTAL 2~1 7, E - i;~ ' LANDSCAPE AND~SPRINKLERS Page 20 0# 3fi . 14dd~d~~n ~• ~ r~a~cv 'T ~~ d ~• . 1 CLEAN AND GRUB BASE AND INSTALL PATHWAY 2 MACRO AND FlNISH GRADtNc 5 9 REPAIRtAD.1UST EXISTING SPRINKLERS 10 BARK MULCH SUBTOTALi 1 FURNISH ALL LABOR, MATERIALS, EQUIPMENT, AND INCIDENTALS AS REQUIRED Pmt THE DRAWINGS AND SPECIFlCATIONS WHICH MAY NOT BE INDMDUALLY LISTED IN THE ABOVE BID ITEMIZATION FOR AREA - 5 PERIMETER ACCESS WALK AND PLANTINGS ,. TOTAL FOR HEROES PARK TOTAL FOR HEROES PARK PHASE 3 _ • ~e-_ .... ... ~. 3 -BASE BI® be - _____-- TOTAL BASE COST TO INCLUDE ALL LABOR, MATERIAL, EQUIPMENT, FREIGHT, INSURANCE, TRAVEL, LODGING, INCIDENTAL, AND APPLICABL' E TAXES ADD ALTERNATES ADD TO BASE BID ITEMSy 1 SHADE TREWS TO CONCESSIONS LS 1 /RESTROOM BUILDING IN ARF~ ~ ADD AL' 5F 27,160 2.00 b4300.fl0 LS 1 , SL 1~ . 1 1 1280.00 1280.00 `SBD~' ~~~ 1210.00 4250.00 I ~zso.o0 AREA #5 TOTAL 13 1312©.lf0 13120.00 Page 21 of 36 ~dd~nd,vm ~/v y . Pa.~.. $ ~~ / f f 1 I SIAM ~ AT EAST SIDE OF PARK 1N 1 1 s' rIIGH ORANGE CoN~ FEivcE (BOTH slnES of ~ ~30sa.oo 1 ~ COLORED AN©TEXTURED CONCRETE AT i-IEROE; PLAA2A IN 2.40 ~T 1 COLORED AND TEXTURED SF 4,125 CONCRETE AT PLAYGROUND AREA IN AREA ~ ~ _ ~ 2.40 5500.00 1 RAISED PLANTER BEDS AT -- EA 5 PERIMETER ACCESS WALK AT AREA ~ 8920.00 44600.00 ' ADD ALTERNATE ~"i TOTAL 44600.00 ALTERNATE #'i TOTAL COST TO INCLUDE ALL LABOR, !YlATERIAL, EQUIPibENT, FREIGHT, INSURANCE, TRAVEL, LQDGING, INCIDENTAL, AND APPLICABLE TAXES Page 22 of 36~ ~ A~~2~dvn //~ " ~ plc. ~ a$ i ~ Attachment B MILESTONE /PAYMENT SCHEDULE ~. TotaF-~arrd-complete-comps ~ -not-e - $1,054,353.60 TASK DESCRIPTION DATE AMOUNT A• Base Bid for Heroes Park Construction Phase 3 10/27!09 1,054,353.60 B. C. D. E. F. G. H. TOTAL $1,054,353.60 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Heroes Park Construction Phase III - page 12 of 12 July 24, 2009 MERIDIAN CITY COUNCIL MEETING JUIy 28, 2009 APPLICANT ITEM NO. S-I REQUEST Task Order No. 10086 with Hydro Logic for Well Complexion Reports for $120,000.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~~~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. TASK ORDER NO.10086 CITY OF MERIDIAN (OWNER) GlL~7 HYDRO LOGIC, INC. (HYDROGEOLOGIST) This Task Order is issued by Owner and acxepted by the Hydrogeologist pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated February 18, 2007. CITY OF MERIDIAN DEVELOPMENT OF COMPREHENSIVE MUNICIPAL WELL COMPLETION REPORTS FOR TWENTY-FOUR MUNICIPAL TEST AND SUPPLY WELLS FROM HISTORICAL DATA, MEMORANDA, E-MAIL, AND PERSONAL REMEMBERANCE PURPOSE The Hydrogeologist's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Hydrogeological Consulting Services as described within this Task Order. TASK 1.1-DEVELOP 24 COMPREHENSNE MUNICIPAL WELL COMPLETION REPORTS Per the City's request, Hydrogeologist will compile, synthesize, interpret, develop, and present the geological, geophysical, hydrogeologlcal, hydraulic testing, and geochemical data for each of twenty-four municipal water supply and test wells completed since 1990. The as-built details of well construction, field notes, and photographic documentation for each of the 24 wells will be included in a comprehensive and spiral-bound report for future reference. The Owner will provide access to data. Hydrogeologist will develop a comprehensive report on the siting, drilling, construction, development, testing, and sampling of the 24 wells. Each report will evaluate the drilled geologic section, sampled geochemistry results, and aquifer test data with an eye toward the development of a ground water master plan and a hydrogeologic framework characterization of the aquifer system relied upon for the City's municipal supply. Deliverable products will include a maximum of 24 reports although, for a few of the municipal well sites, the test and supply well reports may be combined into a single report. It is the intent of the project to complete separate test and supply well reports whenever possible. The individual well projects have been completed over a 19 year period under three mayors and three Public Works Directors, a variety of drilling and pump testing contractors, and varying levels of on-site inspection and documentation services. In general, the older wells have less documentation where reconstruction of the projects is somewhat more difficult. In each and every one of these well projects, however, Hydro Logic, Inc. personnel were involved such that Hydro Logic, Inc. may be considered a "sole source supplier" by the City with respect to developing the comprehensive completion reports. Indeed, much of the information is contained only in the memory of hydrogeologist Ed Squires who has a Master Consultant Agreement with the City of Meridian. The goal of the project is to recapture, chronicle, and reconstruct, to every extent possible, the data, field notes, remembrances, and available documentation of 24 City well projects that were not previously desired to be documented by City officials. Hydrogeologist will work closely with the City's Public Works and Water Departments. TIME OF COMPLETION The individual reports will be developed in conjunction with related hydrogeologic~l studies HLI is conducting for the City and the data synthesis for the reports will have dual purposes and a corresponding cost benefit although the deadline for the completion reports will be slowed somewhat by the dual purposes. It is anticipated that each individual well report will be submitted as it is completed by Hydro Logic, Inc. and that the full complement of reports will be completed and submitted to the City no later than July 31, 2010 although every attempt will be made to complete the reports sooner 'if possible. This would be based upon a completed report being submitted every two weeks. COMPENSATION Based upon the generation of a select number of the 24 reports, we have been able to estimate an average cost per report of ~ $5,000 including copy charges, reproduction, and binding. Therefore, for the full complement of 24 reports, it has been determined that The Nat-To- F~cceed amount for this Task Order No. 10082 is one hundred twenty thousand dollars {$120, 000). The hourly rates for services and direct expenses is attached (Attached Fee Schedule for this project only effective January 1, 2009) and by this reference made a part hereof. It is anticipated that HLI will invoice the City monthly as the work progresses. CITY OF MERIDIAN BY: r~/d~~''7l.~`~ TAM EERD, MAYOR HYDROGEOLOGIST 6 ED SQUIRE HYDRO LOGIC, INC. Attest: Po v JAYCEE HOLMAN, CITY CLE ' ~ 1002 W. Franklin Street, Boise, ID 83702 (208 342-8369L (Fax) 342-3100, hy~ol4 wq est.net H dro Lo~ic~ Inc. Rate Schedule -009 Ed squires Managing Hydrogeologist $125/hour Richard Glauzman Geochemist $160/hour Mark Utting Project Hydrogeologist Loren Pearson Geophysicist/Project Manager Kurt Newbry Hydrogeologist Jamtette Young Geologist Clerical office staff Directly allocable Mileage billed at $ 0.58/mile Down hole camera survey base charge = $ 850 Minimum geophysical logging charge = $1,500 Mobile geophysics unit standbytime = $ 200/hour $124/hour $ i00/hour $ 90Jhour $75/hour $ 45lhour Billing rates for Hydro Logic, Inc. will remain fixed for the Well Report Contract Jules 2009 Ed Squires, Presideirt emo , . --~ To: Jaycee Holman;-Tara Green Fwm: Kyle Radek CC: File, Date: 7117/09 Re: Proposed Agenda Item for July 28 City Council Meeting The Public Works Departrnent respectfully requests the following item be placed on the July 28 City Council agenda, under consent agenda, for Council's consideration: Task Order 10086 with Hvdm Loaic for Well Completion Reports Public Work recommends- City Council approves the Task Order 101186 with Hydro Logic for Well Completion Reports for Twenty-Four Municipal Test and Supply Wells for $920,000 and authorizes the Mayor to sign. it. The purpose of this project is to complete the City's record of as-built well infomnation. Public Works staff believes this information- is a critical asset to tfie City. It shows us what we awn and how it was constructed for asset management purposes. it shows us where we are collecting supply water, what the quality of that water is, and how supply from that location might affect other suppiy locations. Previous managers had decided to forego the completion reports. That is why there are so many reports needed. The cost is based on the need to provide 24 well completion reports at an estimated $5,00.0 each. This project is part of Groundwater Master Planning and will be charged to consulting 3410-55103. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 TASK ORDER NO. 100$6 CITY OF MERIDIAN (OWNER) AND HYDRO LOGIC, INC. ~HYDROGEOLOGIST) This Task Order is issued by Owner and accepted by the Hydrogeologist pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated February 18, 2007. CITY OF MERIDIAN DEVELOPMENT OF COMPREHENSIVE MUNICIPAL WELL COMPLETION REPORTS FOR TWENTY-FOUR MUNICIPAL TEST AND SUPPLY WELLS FROM HISTORICAL DATA, MEMORANDA, E-MAIL, AND PERSONAL REMEMBERANCE PURPOSE The Hydrogeologist's scope of services, time of completion and compensation shall be asset forth herein. Services shall generaAy be described as Hydrogeological Consulting Services as described within #his Task Order. TASK 1.1-DEVELOP 24 COMPREHENSIVE MUNICIPAL WELL COMPLETION REPORTS Per the City's request, Hydrogeologist will compile,. synthesize, interpret, develop, and present the geological, geophysical, hydrogeological, hydraulic testing, and geochemical data for each of twenty-four municipal water supply and tes# wells completed since 1990. The as-built details of well construction, field notes, and photographic documentation for each of the 24 wells will be included in a comprehensive and spiral-bound report far future- reference. The Owner will provide access to data. Hydrogeologist wi11 develop a comprehensive report on the siting, drilling, construction, development, testing, and sampling of the 24 we{Is. Each report will evaluate the drilled geologic section, sampled geochemistry results, and aquifer test data with an eye tow-ard the development of a ground water master plan and a hydrogeooogsc framework characterization of the aquifer system relied upon for-the City's municipal supply. Deliverable products will include a maximum of 24 reports although, for a few of the municipal well sites, the test -and supply well reports may be combined into a single report. It is the intent of the project to complete separate test and supply well reports wheneverpossible. The individual well projects have been completed over a 19 year period under three mayors and three Public Works Directors, a variety of drilling and pump testing contractors, and. varying levels. of on-site inspection and documentation services. In general, the alder wells have less documentation where reconstruction of the projects is somewhat more difficult. In each and every one of these wail projects, however, Hydra Logic, Inc, personnel were involved such that Hydro Logic, Inc. may be considered a °sole source supplier by the City with respect to developing the comprehensive completion reports. Indeed, much of the information is contained only in-the memory of hydrogeologist Ed Squires who has a Master Consultant Agreement with the Ci#y of Meridian. The goal of the project is to recapture, chronicle, and reconstruct, to every extent possible, the data, field notes, remembrances, and available documentation of 24 City well projects#hat were not previously desired to be documented by City officials, Hydrogeologist will work closely with the City's Public Works and Water Departments. TIAi1E OF COMPLETION The individual reports will be developed in conjunction with rela#ed hydrogeologicalstudles HLI is conducting for the -City and the data synthesis for the reports will have dual purposes and a corresponding cost. benefit although the deadline for the completion reports will be slowed somewhat by the dual purposes. It is anticipated that each individual well report will be submitted as it is completed by Hydro Logic, Inc. and that the full complement of reports will be completed and submitted to the City no cater than July 31, 2010 although every attempt wiN be made to complete the reports sooner if possible. This would be based upon a completed report being submitted every two weeks. COIUIPENSATION Based upon the generation of a select number of the 24 reports, we have been able to estimate an average cost per report of ~ $5,000 including copy charges, reproduction, and binding. Therefore, for the full complement of 24 reports, it has been determined that The Not-To- Exceed amount for this Task Order No. 10082 is one hundred twenty thousand dollars ($ 120, 000), The hourly rates. for services and direct expenses is attached (Attached Fee Schedule for this project only effective January 1, 2009} and by this reference made a part hereof, It is anticipated that HLI will invoice the City monthly as the work progresses. CITY OF IMERiDIAN BY: TAMMY de WEERD, MAYOR HYDROGEOLOGiIST ~'' ;~ :___ i"_ t ~ 1 c.. ~ i ED SQUIRE HYDRO LOGIC, INC. Attest: JAYCEE HOLMAN, CITY CLERK ~a ~ ~n~. 1002 W. Franklin Street Boise ID 83702 f208) 3~2-83691 tFax) 342--3100 h d~gic(r~,gwest.net Hvdr© LoQic~ Inc. Rate- Schedule -2Q09 Ed Squires Managing Hydrogeologist $125/hour Richard Glanzman Geochemist S 160lhour Marls Utting Project Hydrageologist Loren Pearson GeophysicistJProject Manager Kurt Newbry Hydrogeologist rannette Young Geologist Clerical office staff Directly allocable Mileage billed at $ 0.58/mile Down hole camera survey base charge = $ $50 Minimum geophysical logging charge = $1,500 Mobile- geophysics unit standby time = $ 200Jhour $ 120/hour $ 100/hour $ 90/hour $75/hour $ 4S/hour Billing rates for Hydro Logic, Inc. will remain fixed for the Well Report Contract _ ~ ~ 2009, FJd Squires, President F. TASK ORDER NO.10086 CITY OF MERIDIAN (OWNER AND HYDRO LOGIC, INC. (HYDROGEOLOGIST) This Task. Order is issued by Owner and accepted by the Hydrogeologist pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated February 18, 2007. CITY OF MERIDIAN DEVELOPMENT OF COMPREHENSIVE MUNICIPAL WELL COMPLETION REPORTS FOR TWENTY-FOUR MUNICIPAL TEST AND SUPPLY WELLS FROM HISTORICAL DATA, MEMORANDA, E-MAIL, AND PERSONAL REMEAABERANCE PURPOSE The Hydrogeoiogis#'s scope of services, time of completion and compensation sha11 be as set forth herein. Services shall generally be described as Hydrogeological Consulting Services as described within this Task Order. TASK 1.1 -- DEVELOP- 24 COMPREHENSIVE MUNICIPAL WELL COMPLETION REPORTS Per the City's request, Hydrogen{ogist will compile, synthesize, interpret, develop, and present the geological, geophysical, hydrogeological, hydraulic testing, and geochemical data for each of twenty-four municipal water supply and test wells completed since 1990. The as-built details of we11 construction, field notes, and photographic documentation for each of the 24 wells will be included in a comprehensive and spiral-bound report for future reference. The Owner will provide access to data. Hydrogeologist will develop a comprehensive report on the siting, drilling, construction, development, testing,. and sampling of the 24 wells. Each report will evaluate the drilled. geologic section, sampled geochemistry results, and aquifer test data with an eye toward'the development of a ground water master plan and a hydrogeologic framework characterization of the aquifer system relied upon for the City's municipal supply. Deliverable products will include a maximum of 24 reports although, for a few of the municipal well sites, the test and supply well reports may be combined into a single report. It is the intent of the project to complete separate test and supply well reports whenever possible. The individual Weil projects have been completed over a 1 S year period under three. mayors and three Public Works Directors, a variety of drilling and pump testing contras#ars, and varying levels of on-site inspec#ion and documentation services. In general, the older wells have less documentation where reconstruction of the- projects is somewhat more difficult. In each and every one of-these well projects, however, Hydro Logic, Inc. personnel were involved such that Hydro Logic, Inc. may be considered a "sole source supplier" by the Ciiy with respect to developing the- comprehensive completion reports. Indeed, much of the information is contained only in the memory of hydrogeologist Ed Squires who has a MasterConsultant Agreement with the Gity of Meridian. The goal of the project is to recapture, chronicle, and reconstruct, to every extent possible, the data, field notes, remembrances; and available documentation of 24 City well projects that were not previously desired to be documented by City officials. Hydrogeologist will work closely with the City's Public Works and Water Departments. TIME C1F rCOMPLETION The individual reports will be developed in conjunction with related hydrogeological studies HLI is conducting for the City and the data synthesis for the reports will have dual purposes and a corresponding cost benefit although the deadline. for the completion reports will be slowed somewhat by the dual purposes. It is anticipated that each individual well.. report wilt be submitted as it is compie#ed by Hydra Logic, tnc. and that the full complement of reports will be completed and submitted to the City no later than July 31, 2010 although every attempt will be made to complete the reports sooner if possible. This would be based upon a completed report being submitted every two weeks. COMPENSATION Based upon the generation of a select number of the 24 reports, we have been able to estimate an average cost per report of ~ $5,000 including copy charges, reproduction, and binding. Therefore, for the full complement of 24 reports, it has been determined that The Not-To- Exceed amount for-this Task Order No. 10082 is one hundred twenty thousand dollars ($120, 000). The hourly rates for sen+ices and direct expenses is attached (Attached Fee Schedule for this project only effective January 1, 2009) and by this reference made. a part hereof. It is anticipated that HLI will invoice.the City monthly asthe work progresses. CITY OF MERIDIAN BY; TAMMY de WEERD, MAYOR HYDROGEOLOGIST ~~ ~ . ED SQUIRES, i HYDRO OGIC, INC. i Attest: JAYCEE HflLMAN, CITY CLERK ~~ ~~~ ~~ 1Q02 W. Franklin Street, Boise. ID 83702 ~2Q8} 342-83b9. lfax} 342-3tQ0, hydrolo~ic~.~.west.net Hydro Lotic, Inc. Rate Schedule -209 Ed Squires Managing Hydrogeologist $ Y25/hour Richard Glanzman Geochemist $ 16U/hour Mark Utting Project Hydrageologist Loren Pearson GeophysicistlProject Manager Kurt Newbry Hydrogeoiogist Jannette Young Geologist Clerical office staff Directly allocable Mileage Billed at $ Q.5$/mile Dawn hole camera survey base charge = $ 85Q .Minimum geophysical logging charge ` $1,5Q0 Mobile geophysics unit standbytime = $ 20U/hour $ 120ihour $100/hour $ 90/haur $75lhow $ 4S/how Billing rates for Hydro Logic, Inc. will remain fixed-for the Well Report Contract Juiv. 2009 Ed Squires, President July 24, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT Mayor's Office REQUEST Presenation of Employee Recognition Awards AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~~~ Pc CITY BUILDING DEPT: ~ ~~-`~~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Mertdlan. Department Reports July 28, 2009 ITEM NO. 6-/~1-~ July 24, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING JUIy 28, 2009 APPLICANT Mayor's Office ITEM NO. 6-A-Z REQUEST Treasure Valley Partnership /Department of Environmental Quality Campaign AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAWO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS ~-y SCUSS~ ~~~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. July 24, 2009 MERIDIAN CITY COUNCIL MEETING JUIy 28, 2009 APPLICANT ITEM NO. S REQUEST Continued Public Hearing from June 23, 2009: PY2009 CDBG Action Plan AGENCY COMMENTS CITY CLERK: See Previous Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY CITY POLICE DEPT: ~~ CITY FIRE DEPT: e ~OJ CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CNy of Mertdlan. Page 1 of 1 Tara Green From: Matthew Ellsworth Sent: Friday, July 24, 2009 9:35 AM To: Tara Green Subject: Council Info -CDBG Follow Up Flag: Follow up Flag Status: Green Tara, Here is the summary for next week's CDBG items: Summary Thanks! Matt Ellsworth Associate City Planner Meridian Planning Department 33 E. Broadway Ave. Meridian, ID 83642 208.884.5533 7/24/2009 City Council Regular Meeting Tuesday, July 28, 2009 Items 8 & 9: PY2009 CDBG Action Plan, Public Hearing and Adoption A. INTRODUCTION & BACKGROUND The City's CDBG entitlement for PY2009 is $249,962. In order to secure this entitlement, the City must submit an adopted Action Plan for HUD review. The draft was released for public review and comment on June 23, and is now up for consideration. The deadline for submittal of an adopted plan to HUD is August 17. B. UPDATE The City received a letter from BCACHA dated July 16, 2009 (Attachment 1) requesting a higher level of funding next program year than is currently proposed. Specifically, BCACHA requests an increase from $20,000 to $50,000 for Homebuyer Assistance in PY2009. C. RECOMMENDATION Staff recommends increasing the level of funding for Homeownership Assistance from $20,000 to $50,000 per BCACHA's request. To offset this increase, staff proposes a decrease in funding for (1) Five Mile Creek Pathway, Segment H.1 and (2) Facade Improvements. The rationale for this recommendation is as follows: 1. Timeliness: HUD expects entitlement communities to spend CDBG funds in a timely manner (otherwise HUD reserves the right to discontinue funding). BCACHA is on track to spend its $50,000 allocation from last year in the upcoming months. There is a need for continued Homebuyer Assistance funding, and staff is confident that BCACHA can spend an additional $50,000 within the next program year. The two activities recommended for a decrease in funding may not be ready to spend money as quickly as BCACHA. Each has unspent funds from previous program years that are still on the table and ready to put to the proposed activities. a. Five Mile Creek Pathway: $45,000 from PY2007 b. Facade Improvements: $55,000 from PY2007 2. Monetary decrease for other activities is minimal on the ground: a. Five Mile Creek Pathway: The pathway has an unspent allocation of $45,000 from a previous program year. Regardless of the level of additional funding next year, the project can still move forward (design, environmental, site prep, materials purchase, etc.). In addition, regardless of the level of funding in PY09, completion of the pathway will require continued funding beyond the upcoming program year. Shifting some funds to BCACHA will not impact the timeline for completion of the pathway. b. Fagade Improvements: MDC's Administrator indicates that a decreased level of funding can still translate into a quality fagade improvement project. 3. Program Intent: Housing is a central component of the CDBG program. Homeownership Assistance is the only housing-related activity proposed for next program year, and providing the same level of funding from last year maybe looked on more favorably by HUD than a decreased level of funding. Staff recommends adjusting the levels of funding for PY2009 as follows: t3raft Alan Adjusted I1~:iviD; L~~~~7;'~rr~ ~_il ~,~;~ ;o~ir,~il ~- n~ ty ~ r,~ ;on: +I ~,~ ~ y~ ~ ~~;I t l ~. C~ o i C ~' C'i' ~ n'f? ~!%- ~; 7sa« T~,ta~ p~ ~ ~rr~~~~ T,:~tal Tc~-.,~~I I'~ ~ r~i,e~, Administration & Planning - 20% $49,992.40 $49,962.00 TOTAL $49,992.40 20% '149,962.00 20946 PublicServices-15"b Boys & Giris Club $17,000.00 $17,000.00 fi/leridian Fond bank $20,000.00 $20,000.00 Total $37,000.00 15°~ $37,000.00 1546 Public Facilities ~ ,.„~~ __._ . ~-_.r~ Five fiRiie Creek Pathway Envt & CPd $50,000.00 $33,000.00 Centennial Park Improvements $55,000.00 $55,000.00 TOTAL $105,000.00 42% $SS,OQD.00 3596 Affordable Housing iiomebuyer Assistance $20,000.00 TOTAL 520,000.00 896 20% 51um & Blight Facade Improvements $40,Q00.00 $25,000.00 TOTAL $40,0.00 16% $25,000.00 10'rb SU6TCiTAi $251,'2.40 101% $249,962.00 100°l Summary of Changes: • Administration & Planning: $30.40 removed to bring total allocation in line with entitlement amount. • Five Mile Creek Pathway: Activity amount decreased by $15,000 to increase funding for Homebuyer Assistance. $2,000 removed to bring total allocation in line with entitlement amount. • Homebuyer Assistance: Activity amount increased by $30,000 per BCACHA request. • Farrade Improvements: Activity amount decreased by $15,000 to increase fixnding for Homebuyer Assistance. D. REQUEST 1. To close the public hearing on the draft PY2009 CDBG Action Plan. 2. That Council finalize the allocation amounts for the PY2009 CDBG Action Plan. Based on this direction, staff will (1) make the necessary changes to the final draft plan and (2) prepare an adopting resolution for Council's consideration on next week's consent agenda (August 4, 2009). 2 Attachment 1: BCACHA Letter y~ - dG 4 `,. m -t WOUSiNG AUTHORITY °~""'`' ~ wArsaw EXECtiTiVE DIRECTOR 1Z7b lover Street, Suite 300 phone {208} 345.4907 Boise, Idaho 83702 Fax {20$} 345-4909 ww,u Dcacha.org July 16, 2449 Meridian City Hall 33 E. Broadway Ave., Suite 104 Meridian, ID 83012 RE: Community .Development Block Giant 2449 Action Plan Dear .Mayor and Council members: 7 he Boise City/Ada County Housing Author°ity (BC9ACfiA) currently opezaCes a homeownership program for low income families participafing in the Section 8 Housing Choice Voucher program To date, the SC/ACHA has been able to assist 2 families to reach their goal of homeownership in Meridian, and is in the process of~assisting a :3`~ family.. This was made possible by use ofthe previously awarded Conununity Developrent Block grant (CDBG} funds. Under the 2448 CDBG Action Plan, the BC/ACHA r7vas granted a total of $50,044 to provide financial support for the program last year. Under this year's CDBG Action Plan, the allocated amoum to support this purpose for next yeas has decreased to $24,404. Therefore, the BC/ACHA requests an amendment to the Action Plan, by increasing the allocated amount to a total of'$50,000 for the homeownership program The BC/ACHA is confident that through the support we have received fram Meridian°s Planning Department over the last year, and through defined practices and policies, we will be able to utilize a total of $54,404.. This funding will be used to serve 5 families who wish to purchase a home in Meridian over the next year.. The BC/ACHA is committed to partnering with the City of Meridian by serving low income families within the community. We appreciate your willingness to review out request, and look forward to continue working with you.. Thank you, Sincerely, (~ Jillian Patterson Grant Programs Manager Cc: Deanna L, Watson, BC/ACHA Executive I}irector 3 Meridian City Council June 23, 2009 Page 50 of 57 De Weerd: Okay. I have a motion and a second to approve Item 11 with comment. If there is nothing further, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: PY2009 CDBG Action Plan: De Weerd: Thank you. Item 12 is a public hearing on PY -- Y? What is PY? Nary: Plan year. De Weerd: Plan year. PY-2009 of CDBG action plan. Sorry, that kind of threw me there, Matt. Didn't know what a PY was. Ellsworth: And I apologize, Madam Mayor, Members of the Council, we will be a little more specific on those in the future. That is program year 2009 and there is the off-set between program years and calendar years and all that good stuff. But in any event, for the last several years the City of Meridian has been a direct recipient of federal funding through the CDBG program as an entitlement community and one of the requirements that comes along with receiving those funds is that each year the city adopt an annual action plan that will dictate the use of those funds over the course of that program year. The program year in this case will run from October 1st, 2009, through September 31st, 2010. So, in addition to conforming to applicable federal regulations and so forth, that plan also must -- must conform to the direction established by the city's 2007 thorough 2011 consolidated plan. And it's, basically, the relation between those two plans is similar to the Comprehensive Plan future land use map, as opposed to the zoning map. One sets the direction, the other one moved in that direction. The document before you this evening will begin moving in that direction. So, on screen there in front of you is a brief breakdown of the proposed expenditures per via the draft 2009 action plan. The bold face type in column number one, with the exception of administration, relates back to priorities that are established in the city's consolidated plan. You can see the percentage breakdown on screen there as well. So, to up some specifics behind those expenditures, under the umbrella of community improvements, what is proposed is 55,000 dollars towards Centennial Park improvements. Second project is completing the environmental and beginning the construction of Five Mile Creek pathway section H- 1,which we have discussed previously. Fifteen percent of the city's annual allocation is allowed to go to public service projects. Based on Council's direction last week staff proposes the use of the full 15 percent, so that's to the tune of 37,490 dollars. Priority number two is economic development, which translates into a continuation of MDC facade improvements program that would receive 40,000 dollars. And priority number three is affordable housing, which is proposed to receive 20,000 dollars toward home Meridian City Council June 23, 2009 Page 51 of 57 ownership assistance that is filtered through Boise City -Ada County Housing Authority and that goes toward downpayment and closing cost assistance for eligible home buyers identified through BC-ACHA's Section 8 voucher program. The requested action that's in front of you this evening is a public hearing and opening of the comment period that's required within our citizen action plan -- our citizen involvement plan, excuse me, and also with federal standards for consideration of these plans. That's how the comment period is mandated to remain open for a minimum of 30 days, so outside of that 30 day window the next regularly scheduled City Council meeting comes on July 28th of this year. That would allow an additional week if there are comment that change some of the details within the draft plan. It would allow staff enough time to go back, make whatever changes are necessary, and come back on August 4th with a final draft plan for Council's consideration, still allowing the city enough time to forward and adopt the document onto HUD within the required time line, so -- De Weerd: Just a comment, Matt, is we probably won't have a Council meeting on August 4th, which is National Night Out. So, we can -- we can do it if it's absolutely necessary, but direction to the clerk's office has been don't schedule anything that day. Ellsworth: Madam Mayor, Members of the Council, thank you for the heads up on that. On the one hand in the past public comment has been relatively minimal on a lot of these proposed activities, so if past experience is any indication of what's to come on -- as far as comments on this year's plan, there may not be any major shake-ups that would come before you on July 28th. If that's not the case, we can either add an additional meeting to consider public comments that may be able to handle the bulk of them and, then, consider anything additional that comes in between that interim public meeting and the 30 day comment period, or if there is an additional week built into this scheduled here, HUD will need the adopted plan forwarded no later than August 15th. Staff will be out of town at that hearing date, but there are plenty of bodies in the planning department if we need to relay information that way, then, we can certainly do so. De Weerd: Okay. Thank you. Ellsworth: With that I would stand for any questions. De Weerd: Council, any questions? Rountree: I have none at this time. Hoaglun: Madam Mayor, just a comment. I was not at the last meeting last week when you discussed this, but I have read the minutes and I am in agreement with what Council had directed in terms of the priorities and the projects. We have discussed those before and I think it's a good list and I hope that we can get the funding and that moves forward. Meridian City Council June 23, 2009 Page 52 of 57 De Weerd: Okay. Any further comment? Okay. Well, I imagine this is -- this is kept open for written public comment until July 28th; correct? Ellsworth: Madam Mayor, Members of the Council, that's the way that these have been processed in the past. It starts with opening the public hearing, the full draft plan will be available at Meridian City Hall, at the Meridian Senior Center, at the Meridian Public Library, and also on the city's website as of tomorrow, they will allow an opportunity for. -- for the public to soak it in, contact staff with any questions, submit any comments over the course of the 30 day public comment period and, again, based on the timeline right now, we are set to reconvene on July 28th to consider the plan in light of any comments received during the comment period. De Weerd: Okay. Very good. Thank you very much, Matt. Ellsworth: Thank you. Item 13: Public Hearing: Status of Funded Activities for Meridian Senior Center with Idaho Community Development Block Grant (ICDBG): De Weerd: Okay. Item 13 is a pubic hearing on the status of funded activities for the Meridian Senior Center with their Idaho Community Development Block Grant, and, Delta, we appreciate you waiting until the end of our agenda with us. James: That's quite all right, Madam Mayor. Madam Mayor, Member of the Council, my name is Delta James, I'm a planning specialist with Sage Community Resources and I have been the grant administrator for Idaho Community Community Development Block Grant that was received in 2006. The City of Meridian received it in 2006 to provide upgrades to the Meridian Senior Center and so this is part of the close out -- required close out procedure is to hold a status of funds hearing towards the end of the project and so here we are and if it's okay with you, I'd like to just read into the record some brief statistics about that project. The City of Meridian applied for and received an Idaho Community Development Block Grant in the amount of 52,900 dollars. It was in 2006, and the funds were being used to help fund improvements to the Meridian Senior Center. Of the 52,900 dollars -- 52,413 dollars have been spent to date. The remaining funds or 487 dollars, of that 460 are remaining for grant administrative compensation and, then, there are 27 remaining unutilized construction funds, which will go back to the Department of Commerce. The activities that were completed to date include installation of a front entrance ramp to the facility, a cover and awning structure to that ramp and the front door rehab'd to allow better access and ADA compliance. Also, the facility's windows were replaced with energy efficient and building code approved windows. The dining room sound boards were replaced with sound boards that have a higher fire safety rating and better acoustical qualities in the dinning room. Also an air conditioner was installed in the kitchen and the parking lot was paved and restriped with handicapped parkage signage -- signage installed and, then, finally, the kitchen with serving area counter tops were replaced with those funds. There is some final close out procedures that are still remaining, so we anticipate to complete those by the end of ~~cEr~r~ CITY OF MERIDIAN ~uL 2 ~ 209 CITY OFGGfg~- CITY COUNCIL CITY CLERKS OFFICE PUBLIC HEARING SIGN-UP SHEET DATE J U ly 28, 2009 ITEM # 8 PROJECT NUMBER PROJECT NAME PY2009 CDBG Action Plan PLEASE PRINT NAME FOR I AGAINST (NEUTRAL July 24, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT ITEM NO. 9 REQUEST Adopt PY2009 CDBG Action Plan AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: O CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 28, 2009 July 24, 2009 MERIDIAN CITY COUNCIL MEETING JUIy 28, 2009 APPLICANT ITEM NO. ~ O REQUEST Adopt Tentative Budget for Fiscal Year 2010 and Fiscal Year 2009 Amendment AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached P~°~k Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~EI~IDIAN; Interoffice Memo 07/28/2009 To: Mayor & City Council From: Accounting Manager, Todd Lavoie Ref: FY2010 Budget and FY2009 Budget Action Needed: 1. Council to tentatively approve the proposed revenues and expenditures for Fiscal Year 2010 $65,076,673 (Sixty-Five Million Seventy-Siz Thousand Siz Hundred and Seventy-Three Dollars) 2. Council to approve the amended revenues and expenditures for Fiscal Year 2009 $76,848,472 (Seventy-Six Million Eight Hundred Forty-Eight Thousand Four Hundred and Seventy-Two Dollars) CITY of MERIDIAN FY2009 PROPOSED BUDGET FV2em1 Fv9nnn N9nne Approved Proposed Total Proposed REVENUES Ravenu~ Amendments Bud et GENERAL FUND Property Tex revenue 17,231'j000 17,231,000 OttrerSources 8,190,738 $ 400,330 8,b91,068 Development Services 3,21Q,500 3,210,500 PoAce Impact revenue :120,000 120,000 Fire Impact revenue 510,000 510,000 Park Impact revenue 770,000 770,000 Fire Truck fund revenue GENERAL FUND REVENUES 30,032,238 440,330 30,432 686 use of Parks Impact Restricted Fund Balance 1,773, 946 1, 773,946 use of Public Safety Reserved Fund Balance _ use of Ffre Impact Restricted Fund Balance t6;&00 18,600 use of Police Impact Restricted Fund Balance 18, 600. 18,6pp use of Development Svc Reserved Fund Balance 32~ 3 i 1 327,311 use o1 General Fund Unrestricted Balance 1:352 741 $ 2928154.39 1575 413 TOTAL GENERAL FUND 33,623,434 2,627,8`4 30,986,609:'.: CAPITALIMPROVEMENTFUND Interest Revenue _ Transfer In $ 1,000,000 1,000,000 use of Ca al Im rovement Fund Ba/an~ 6,43193 S 115 000.00 6 316 938 TOTAL CAPITAL IMPROVEMENT FUND 6431 938 88b,000 '318 9$8I ENTERPRISE FUND WaterB Wastewaterrevenuea 17,433,960 5 980,000 18,413,960 use of Ente rise Fund balance 22 863.584 $ 2 741 719 20 121 965 TOTAL ENTERPRISE FUND _.--- - - 40 7844 : 1761718 38 53$926 (TOTALREVENUE5 80,253,016 t3,404,6443 76:848.472 Approved Proposed Total Proposed EXPENDITURES ndttur~ Amendmerda Bud et GENERAL FUND Personnel & Operatng Adminiatretlve Offices 3,317,038 $ 1,754,214 5,071,253 Admin carry tonvard appropriation 187,979 187,878 Pogce Department 10,331,665 $ 44,138 10,375,801 Fire Department 6,797,849 $ 13,949 8,811,798 Fire Depertrnent-Impact Fees 449.415 449,415 ParkaDepartrnenl .2,192,227 $ 34,730 2,226,957 Development Services 3,647,542 $ 98,415 3,743,957 Deveto memSvc dorwarde ro rietlon 96475 96415 TOTAL GENF_RAL FUND OPERATIONS 27 020131 S ' 1943,444 28 9631$x:!. Capital Outlay AdmWstratlve Offices 530,317 530,317 Admin tarty-forward appropriation 323,260 $ (4,832,498) (4,309,238) PoAce Department 241,50D $ 20,220 281,720 PoAce Department -Impact Fees - $ (5,053) (5,053) PoQce tarty-forward approprfetlon Z67,40D $ - 2(37,400 Pogce tarty-forward appropriaton -Impact Fees 18,600 $ (325) 18,275 Fire Department 1,029,950 $ 18,721 1,048,(371 Fire Departrnent-Impel Fees - $ (5,053) (5,053) Fire cartydorwerd appropraton 11,400 $ (724) 10,078 Fire carry-forvverd appropriaton -Impact Fees 18,600 $ (325) 18,275 Parks Department 246,559 $ 748,451 993,010 Parks Department -Impact Fees 770,000 $ (601,192) 168,808 Parks cartydorward appropraton 562,7ff2 $ (13,931) 548,771 Parka cant'-forward appropraton -Impact Fees 1,773,946 $ 138,305 1,813 250 Development Services 4,850 , 4,850 Development Svc tarty-forward appropriaton 230;996 $ (136,863) 04 033 addition to Dev Svc reserved fund balance , _ addftlon to General Fund balance additon to Poflce Impact restricted fund balance 120,000 120 000 additlon to Fire Impact restricted fund balance 60,585 , gp r~r addition to Parks impact restricted fund balance - eddftlon to Pubic Safety reserved fund balance 292,T36'' 292 738 TOTAL GENERAL FUND CAPITAL OUTLAY 6,b03,303 , $ 4,471,299 2,002,034 TOTAL GENERAL FUND EXPENDITURES 33 523434 $ 2 527 826 30 995' 809 CAPRAI.IMPROVEMENTS FUND Personnet & OpereUng Administretlve Offices Capital Outlay Administretlve Offices $ 885,000 885 000 Carry firward appropriaton 6,431,936 , 8 431 838 additon to Ca (tai Im rovement Fund balance , , TOTAL CAPITAL IMPROVEMENT FUND EXPENDITURES 6431 936. 886 080 7 316 938 ENTERPRISE FUND Personnel & Operating Water&Sewer Carrydonvard appropriaton 20,414,829 $ 921,485 21,338,314 Captal Outlay 111,676 111,678 WaterBSewer Carty-forward appropriaton 2,883;134 0 $ (219,354) 2,663,780 additon to Ente rise Fund balance 16,888,0 5 $ (2,483,850) 14,424,155 TOTAL ENTERPRISE FUND EXPENDITURES 40 297 644 $ 1 78 1 719 38 535926 TOTAL CITY of fJIERIDIAN EXPENDITURES 80:263.06 l ~ - - - -~I - S r s eneaneitl T~ a.o .~ . I 7!232009 Page 1 of 1 F:IBUDGET1FY20pg1Fy20e9 budget Notice wfth AmerMmerda For Clenmxla City of Meridian FY2010 Budget Notice General Fund - 01 FY2008 FY2009 FY2010 Actual Original Budget Proposed Revenues Property Tax $ 15,679,063 $ 17,231,000 $ 18,566,705 Other Sources $ 9,679,219 $ 7,817,874 $ 7,245,803 Total Revenue $ 25,358,282 $ 25,048,874 $ 25,812,508 Expenditures Personnel and Operating Administration $ 3,166,852 $ 5,133,759 $ 4,980,607 Fire $ 5,894,151 $ 6,737,771 $ 7,425,365 Police $ 8,715,442 $ 10,207,033 $ 10,516,497 Parks $ 1,811,097 $ 2,163,960 $ 2,468,498 Total Personnel and Operating $ 19,587,541 $ 24,242,524 $ 25,390,967 Capital Administration $ 60,771 $ 1,304,019 $ 831,906 Fire $ 88,702 $ 1,041,350 $ 139,295 Police $ 318,447 $ 508,900 $ 560,500 Parks _$ 132,507 $ 670,802 $ 569,253 Total Capital $ 600,428 $ 3,525,072 $ 2,100,954 Total Expenditures $ 20,187,969 $ 27,767,595 $ 27,491,921 Transfers Capital Improvement Fund Public Safety Fund Other Transfers Total Transfers Total Expendftures with Transfers (Use)/Addition of Fund Balance $ $ $ $ Im 0,897,347 $ 10,897,347 $ 31,085,316 $ (5,727,034) $ act Fund - 07 $ $ (1,776,205) $ (1,776,205) $ 25,991,390 $ (942,516) $ 559,495 515,000 (1,427064) (352,569) 27,139,352 (1,326,844) FY2008 FY2009 FY2010 Actual Original Budget Proposed Revenues Fire $ 525,115 $ 500,000 $ 210,000 Police $ 127,066 $ 120,000 $ 510,000 Parks $ 1,101,288 $ 780,000 $ 48 000 Total Revenue $ 1,753,468 $ 1,400,000 $ 768,000 Expenditures Personnel and Operating Fire $ 35,476 $ 469,415 $ 325,071 Police $ _ $ _ Parks $ 2,995 $ Total Personnel and Operating $ 38,471 $ 469,415 $ 325,071 Capital Fire $ 419,598 $ 18,600 $ - Police $ 325 $ 18,600 $ - Parks $ 1,100,871 $ 2,683 305 $ 1 430 847 Total Captal $ 1,520,795 $ 2,720,505 $ 1,430,847 Total Expenditures $ 1,559,266 $ 3,189,920 $ 1,755,918 Transfers $ $ $ Total Expenditures with Transfers $ 1,559 266 $ 3,189,920 $ 1,755,918 {Use)/Addition of Fund Balance $ 194,202 $ (1,789,920) $ (987,918) 7/23/2009 1:00 PM 1 of 3 F:\BUDGET1FY2010\FY2010 Budget Notice for Clerks.xls Public Safetv Fund - 08 FY2008 FY2009 FY2010 Actual Original Budget Proposed Revenues Fire $ 1,109 $ - $ _ Police $ $ $ Total Revenue $ 1,109 $ - $ _ Expenditures Personnel and Operating Fire $ _ $ _ Police $ $ Total Personnel and Operating $ - $ _ $ _ Capital Fire Police Total Capital Total Expenditures Transfers Total F~cpenditures with Transfers (Use)/Addition of Fund Balance $ $ - $ - $ $ - $ - $ $ - $ - $ _ $ $ $ (515 000) $ $ - $ (515,000) $ 1,109 $ - $ 515,000 Special Revenue Fund - 20 FY2008 FY2009 FY2010 Actual Original Budget Proposes Total Revenue $ 114,141 $ 372,862 $ - Total Personnel and Operating $ 109,753 $ 362,423 $ 343,598 Total Capital $ 7gg $ _ $ _ Total Expenditures $ Transfers $ Total Expenditures with Transfers $ (Use)/Addition of Fund Balance $ Develop 110,552 $ 382,423 _ $ 110,552 $ 362,423 3,590 $ 10,439 ment Services Fund - 50 $ $ $ $ 343,598 343,598 (343,598) FYZOOS FY2oos Fir2olo ' Actual Original Budget Proposed Revenues Building Revenue $ 3,503,643 $ 3,025,500 $ 1,996,250 Other Revenue $ 230,780 $ 185 000 $ 130 000 Total Revenue $ 3,734,423 $ 3,210,500 $ 2,126,250 Expenditures Total Personnel and Operating $ 2,802,978 $ 3,229,534 $ 2,010,991 Total Capital $ 12,291 $ 332,181 $ 150 000 Total Expendtures $ 2,815,269 $ 3,561,695 $ 2,160 991 Transfers $ 230,771 $ 418 007 $ 115 259 Total Expendtures with Transfers $ 3,046,040 $ 3,979,703 $ 2,276 250 (Use)/Addition of Fund Balance $ 688,382 $ (769,203) $ (150,000) 7/23/2009 1:00 PM 2 of 3 F:~BUDGETiFY2010~FY2010 Budget Notice for Clerks.xls Capital Improvement Fund - 55 FY2008 FY2009 FY2010 Actual Original Budget Proposed Revenues Total Revenue $ 66,521 $ - $ _ Expenditures Total Personnel and Operating $ 202,003 $ - $ _ Total Capital $ 17,002,972 $ 6,431,938 $ 755,976 Total Expenditures $ 17,204,976 $ 6,431,938 $ 755,976 Transfers _ $ (16,376,031) $ $ (559 495) Total Expenditures with Transfers $ 828,945 $ 6,431,938 $ 196,481 (Use)/Addition of Fund Balance $ (762,424) $ (6,431,938) $ (196,481) Enterp rise Fund - 60 & 62 FY2008 FY2009 FY2010 Actual Original Budget Pro ed Revenues Water/Sewer Sales $ 11,683,171 $ 12,703,960 $ 16,485,900 Other Sources $ 12,765,114 $ 4.730,000 $ 3 277100 Total Revenue $ 24,448,285 $ 17,433,960 $ 19,763 000 Expenditures Personnel and Operating Utility Billing $ 609,808 $ 692,057 $ 772,043 Public Works $ 1,717,289 $ 2,206,060 $ 2,417,862 Water $ 4,510,117 $ 6,555,409 $ 6,402,569 Wastewater $ 5,725,121 $ 9,832,137 $ 8 755 132 Total Personnel and Operating $ 12,562,345 $ 19,285,664 $ 18,347 606 Capital Utility Billing $ - $ 169,050 $ _ Public Works $ 23,760 $ 66,123 $ 7,000 Water $ 2,334,908 $ 4,084,180 $ 3,623,730 Wastewater $ 9 656,949 $ 15,334 429 $ 10 589 934 Total Capital $ 12,015,617 $ 19,653,781 $ 14,220,664 Total ExpendRures $ 24,577,963 $ 38,939,445 $ 32,568,270 Transfers $ 5,247,913 $ 1,358,197 $ 1311804 Total Expenditures with Transfers $ 29,825,875 $ 40,297,642 $ 33,880 074 (Use)/Addition of Fund Balance $ (5,377,590) $ (22,863,682) $ (14,117,074) Total Budqet -All Fu nds ~' FY2008 FY2009 FY2010 Actual Original Budget Proposed Revenues Total Revenue $ 55,476,228 $ 47,466,196 $ 48,469,758 F~cpenditures Total Personnel and Operating $ 35,303,092 $ 47,589,560 $ 46,418,234 Total Capital $ 31,152,903 $ 32,663,456 $ 18,658,441 Total Expenditures $ 66,455,994 $ 80,253,016 $ 65,076,674 Transfers $ (0) $ (1) $ (1) Total Expenditures with Transfers $ 66,455,994 $ 80,253,015 $ 65 076 673 (Use)/Addition of Fund Balance $ (10,979,766) $ (32,786,819) $ (16,606,915) 7/23/2009 1:00 PM 3 of 3 F:\BUDGET\FY2010\FY2010 Budget Notice for Clerks.xls July 24, 2009 VAR 09-002 MERIDIAN CITY COUNCIL MEETING JUIy 28, 2009 APPLICANT VJ Joint Venture ITEM NO. 11 REQUEST Public Hearing: Variance to UDC 11-2C-3A.1, which requires a 25 foot landscape buffer to nonindustrial uses; applicant requests to reduce the buffer width from 25 feet to 5 feet adjacent to the eastern property boundary for Porky Park -south side of E. Pine Ave & east side of N. Principle Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Staff Report Changes to the Agenda: Projects Item 11. Porky Park VAR-09-002 Location: The subject site is located on the south side of Pine Ave; approximately a %Z mile east of Eagle Road. Application: Variance Highlights of Proposed Development: The applicant is requesting a variance from an I-L zone dimensional standard listed in Table 11-2C-3, which requires a 25-foot landscape buffer adjacent to nonindustrial uses. The subject site is bordered on the east by a public school facility, zoned L-O. Based on the current use of the adjacent property the UDC requires a 25-foot landscape buffer. In Lieu of the 25-foot landscape buffer, the applicant is proposing to construct a 5-foot landscape buffer. A 25,200 square foot flex building is planned for the site. Once constructed the future building and the existing school will be separated by a distance of 255 feet. Further, only an access road and open space exist between the shared property line and the school. The applicant feels requiring a 25-foot buffer between the two uses is unnecessary because most of the activities (i.e. play fields, drop off area and parking) occur away from the shared property boundary. On the recorded plat, a 40-foot wide shared access point to Pine Avenue was approved approximately 16 feet from the eastern property boundary. The current location of this access point prohibits conformance for a portion of the 25-foot wide landscape buffer. A reduction to the landscape buffer is warranted in this area; however the remainder of the property boundary should conform to the 25-foot landscape buffer in accordance with UDC 11-2C-3A.1. Because the buffer is a dimensional standard in the UDC, the applicant's request cannot be reviewed through alternative compliance; thus a variance has been requested. Staff Recommendation: Denial Outstanding Issue(s) for City Council: If the subject variance is granted, staff is recommending a 15-foot wide landscape buffer instead of the 5-foot wide landscape buffer proposed by the applicant. The wider buffer would allow for future maintenance of the tiled facility and provide a greater separation between the trees and the tiled facility. Written Testimony: None. Notes: 7/28/2009 July 24, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Public Hearing -- 2009 Planning Department Fees AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: v CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: July 28, 2009 ITEM NO. ~ Z Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, July 28, 2009 for the purpose of hearing public comments regarding proposed fee decreases, and proposed new fees for the Planning Department and to explain the reasons for such action. The proposed fee changes are as follows: Table 6: List of Proposed Fee Changes Penr-i~tlDecision Proposed Existing Fee Fee Certficate of zoning compliance w/prior approval 173 187 Certificate of zoning compliance verification 53 0 More information on the above hearing is on file in the City Clerk's Office at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials should be submitted to the City Clerk no later than seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acxommodation for disabilities related to documents and/or hearings, please contact the CitK~~ler) f;~ Office ~~~` ''% at 888-4433 at least 72 hours prior to the public meeting. ~~~`~~y ~ Qi ~~''~. • ,` •, DATED this 25th day of June, 2009. JAYC PUBLISH on the 6th and 20th of July, 2009. cIT~ cL ~ ,,- ~ ~~ t1~`f ,. CITY OF IIAERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, July 28, 2009 for the purpose of hearing public comments regarding proposed fee decreases, and proposed new fees for the Planning Department and to explain the reasons for such action. The proposed fee changes are as follows: Table 6: List of Proposed F~ Changes Proposed Existing Permifi/Decision Fee Fee Certificate of zoning compliance wr/prior approval 173 187 Certficate of zoning compliance verification g3 Q More information on the above hearing is on file in the City Clerk's Office at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall !~ heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3} minutes per person. Written materials should be submitted to the City Clerk no later than seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Offce at 888-4433 at least 72 hours prior to the public meeting. DATED this 25th day of June, 2009. JAYCEE HOLMAN CITY CLERK PUBLISH on the 6th and 20th of July, 2009. MEMORANDUM DATE: June 2, 2009 TO: Anna Canning, Meridian Planning Director, Ted Baird, Deputy City Attorney FROM: Sarah Wheeler, Assistant City Planner RE: Unified Development Code Fee Clarifications and Additions I. Introduction This memorandum, regarding proposed changes to the City of Meridian's Unified Development Code (UDC) fee schedule; specifically asks to reorganize the Certificate of Zoning Compliance (CZC) fees to reflect the amount of research conducted for planning approvals. Staff is also asking to coordinate the fees for Design Review (DR) and CZC with Prior Approval to reduce confusion where applicants submit revisions to site plans and/or building elevations. Proposed Changes: Certificate of Zoning Compliance: $453.00 Certificate of Zoning Compliance with Prior Approval: A9 $173.00 Certificate of Zoning Compliance Verification: 53.00 Design Review: $173.00 II. Summary of Events Reason for the CZC change: UDC 11-SB-1B requires that "all requests for permits that involve construction, exterior alterations and/or the establishment of a new use...," obtain a certificate of zoning compliance. It is through this process that the City ensures buildings comply with all the provisions of the title. Interpretation of the code has required a CZC for any change of use regardless of whether the use change is a principally permitted use in the specific zoning district. For example, if a building has an approved CZC for retail use and a professional service use wants to occupy the space, the professional service would be required to complete another CZC for a change of use even if the applicant is not making exterior or interior modifications. While this process is necessary to ensure that new uses comply with the UDC, the cost, time and paperwork associated with these types of changes can be overwhelming to the applicant, particularly when they are not making any physical changes to the building. If the building was recently built, has a CZC on file and the proposed use does not require additional specific use standards, planning staff verifies that the use is consistent with a development agreement and/or other applications, tracks the use and sends the applicant to the building department to obtain a change of occupancy form. The building department still forwards this information to Ada County Highway District (ACHD) so they can assess any necessary impact fees associated with the change of use. Staff is proposing to amend the fee structure (not the UDC) to provide a lesser application fee for a CZC for a change Fee schedule clarifications and additions June 2009 Page I of S of use only on a fully conforming property (where no additional conditions or modifications are required.) Reason for the Design Review Change: In February of 2009, the City of Meridian instituted new design review guidelines to enhance the aesthetic appeal of development within its corporate boundaries. The current fee for administrative DR is $173.00. Often during the time between planning approval and construction, changes are made to the site design, building layout and/or elevations. Depending on the extent of these changes, applicants maybe required to submit for a CZC modification at a cost of $187.00. Design Review incorporates both site construction details and building appearance. A CZC review incorporates both the use and the site construction details. Due to the overlap, there would be administrative difficulties in determining whether the individual is requesting modification to the DR, the CZC, or both. Making the DR and CZC modification fees the same price would prevent individuals from arguing that their changes only affect DR and so they should be entitled to the lesser $173.00 fee when in fact their changes may constitute an affect on the actual CZC. Therefore, we propose keeping the DR fee at $173.00 and lowering the fee for CZC with prior approval to $173.00. This will prevent inconsistencies in how the administrative fees apply. III. Changes Incorporated The initial question regarding any change of use begins with whether the existing use is legal. If the answer is no, the applicant will be required to comply with all UDC standards. If however, the existing use is legal, the following scenarios may occur: Applicant is only proposing interior improvements to the site: If the applicant is only making interior improvements and the use is the same as the previous tenant (i.e. real estate office to real estate office), the change of use will be handled through the building department with a tenant improvement/change of occupancy form. The UDC does not require a certificate of zoning compliance if the use is not changing or expanding. Since the applicant is not proposing any expansion of the building and is retaining the previous use, the CZC requirement is not triggered. If a new tenant or current tenant changes the use of the building from the original tenant (i.e. retail store to professional office use), then the planner will have to ask if there is an existing CZC, on file. If there is no CZC on file the applicant will be required to submit for a full CZC review because the planner will need to review the entire site for compliance and deal with any nonconforming issues at that time such as unpaved parking. Since the applicant is not proposing any building or site addition, the landscaping improvements would not be triggered at this time. No design review will be required unless additional building construction is required per the specific standard sections of the UDC. However, if there is a CZC on the building and the new use does not require any additional site modifications as specified in the specific use standards of the UDC, then the applicant will be required to submit a letter detailing their proposed use change and asking for CZC verification. This allows the planner to conduct research to ensure Fee schedule clarifications and additions June 2009 Page 2 of 5 nothing in the development agreement prohibits or restricts the use. Once the CZC verification letter is obtained, the applicant will continue on with the building department to obtain a change in occupancy form. If, however, additional site modifications are needed (such as fencing for a daycare use), the applicant will be required to modify the existing CZC and would submit for a CZC with prior approval. At this time, design review would not be triggered unless additional building construction is required by the UDC (i.e. enclosed shop for minor/major vehicle repair use). Applicant is proposing exterior changes to the site: When an applicant is proposing a new use and is physically altering the site, different standards will apply to how the planning department processes the request. If there is not an existing CZC for the site and no conditional use permit has been approved by the commission, the applicant will need to apply for a full CZC at the regular price and a full Design Review. If, however, a CZC or Conditional Use has been completed but no Design Review has been submitted, the applicant will be required to do a CZC with Prior Approval and full Design Review. On the other hand, if the particular project has an approved Design Review the applicant will be entitled to a CZC w/ Prior Approval and the DR modification will be included in the price. Please see Exhibit A for a visual depiction of the process. Certificate of Zoning Compliance $453.00 This is the existing fee amount that will continue to be requited when a new building is proposed or when an existing building, which has not previously obtained a CZC, changes to a new use. If the change of use is occurring in an existing building and no site%xteriot modifications ate required and/or proposed to occur, certain landscaping requirements, as set forth in section 11- 3E-1, may not be applicable until physical alterations/additions occur. Certificate of Zoning Compliance with prior approval $173.00 This existing fee amount would be required when a building, which has been through a CUP process and/or has obtained a CZC, is proposing exterior alterations or site modifications to the CZC or DR. Through this memorandum, we have clarified when the fee applies, and we have reduced the fee from $187 to $173 to be consistent with the DR fee. Certificate of Zoning Compliance for change of use with an existing CZC and no exterior alterations/parking requirements $53.00 This new fee amount would be required for tenant improvements, when a building, which currently has a CZC on file and has a fully conforming developed site, is asking for a change of use but not doing exterior alterations or site modifications. This represents a fee reduction from $187 to $53 and reduced application requirements as well. Design Review $173.00 This fee amount would be requited for any projects subjected to design review as set forth in 11- SB-8. Through this memorandum, we have clarified when the fee applies; we have reduced the circumstances under which a DR fee is required for CZC modifications. Fee schedule claPifications and additions June 2009 Page 3 of S lV. Conclusion Staff believes these changes will ensure a timely and equitable change in processing specific administrative planning applications. The prices accurately reflect the amount of research and review necessary for each application. Please let me know whether you have any additional questions or concerns, or whether there is anything further I can do to assist with this matter. cc: Bill Nary, City Attorney Charlie Rountree, City Council Liaison to the Planning Department Fee schedule clarifications and additions June 2009 Page 4 of 5 Exhibit A Is the existing! use legal? ~ the applicant rnaking lnterlcr Improvengents only? ~0 Is there 7r1 9xlstlng CZC? Is tyre an existing CUP? Change of Use CZC Process- graft c~~~~~2oc~ UdC appEias- `CZG, ~U,' etc, Prtihi~lted Ye9 is there art existing DR? ~~r Czc ~ oa} 8. PSI DR {$178,40} sda ; CZC' mtl Pricy Approval {$173.00} & dull L7R {$173:[ltt} Y~ ~ CZC ~tf prior' approval, Dft lr~at,~ea l$179.~) Y~ Sartre use prcpcsed as preaticusly exlsteti? No is there an existing CZC? Full CZC.{$453,.00}: "Piu DR un~s adn~l bldg egsBtROq r~ir~d 6y;UC3C H thrtcugh ~ug~rtg Dpt TI nth change Qf n~upartCy Yep there site mo~ii~ca#lcns re>auired by the UDC? GZC ta0 Prior Approval ($179.00} '~ vn6egs additEtq~i btnlg. cdneU'aac~n r~ul~tt by U13C kyo ~ CZC Verification l$S3 {10} Fee schedule clarifications and additions June 2009 Page S of S ECEIVE~ CITY OF MERIDIAN JuL 2 8 2009 CITY COUNCIL CITY®FG~E PUBLIC HEARING SIGN-UP SHEET ~iTYCLERKSOFFICE DATE July 28, 2009 ITEM # 12 PROJECT NUMBER PROJECT NAME 2009 Planning Department Fees ~ PLEASE PRINT NAME ~ FOR ~ AGAINST NEUTRAL July 24, 2009 MERIDIAN CITY COUNCIL MEETING JUIy 28, 2009 APPLICANT ITEM NO. ~ $ REQUEST Ordinance --Amending Title 1, Chapter 6, Section 5, Meridian City Code, Regarding Compensation for the Mayor of Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of 1 Tara Green From: Bill Nary Sent: Wednesday, July 22, 2009 11:16 AM To: Jaycee Holman; Tara Green Cc: Michelle Albertson Subject: MayorCompensation.2010-11.7-28-09.doc Flag Status: Green Attachments: MayorCompensation.2010-11.7-28-09.doc Please put this on or 1st reading only on July 28th. We can do 2nd and 3rd on the 1 lth unless the Council directs to accelerate on the 28th. 7/24/2009 CITY OF MERIDIAN ORDINANCE NO. ~aLl - ~ ~-{' Z BY THE CITY COUNCIL: BIRD, HOGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 1, CHAPTER 6, SECTION 5, MERIDIAN CITY CODE, REGARDING COMPENSATION FOR THE MAYOR OF MERIDIAN; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to M.C.C. 1-6-5 (C) and 1-7-9 (C) to appoint a citizen committee to review Mayor and City Council compensation prior to each City election; and WHEREAS, the City Council did establish a committee of citizens to review and recommend any changes to compensation for the Mayor and City Council positions for the calendar years of 2010, and 2011; and WHEREAS, the Committee of citizens did meet to review and discuss the current compensation for Mayor and City Council positions on May 20, May 27, and June 10 2009; and WHEREAS, the Committee at such meetings discussed all methods of compensation and considered market, equity, and reclass adjustments to the Mayor and City Council compensation; and WHEREAS, the Committee after such meeting by formal motion and vote did make recommendations to the City Council; and WHEREAS, the City Council reviewed and considered the recommendation and have directed the following ordinance be brought forward; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 6, Section 5, Meridian City Code is hereby amended to read as follows: 1-6-5: COMPENSATION: A. The annual compensation of the mayor shall be as follows: 1. .The ma or shall receive an increase to the annual salary on January 1 2009 for a total annual salary of seventy thousand one hundred ninety five dollars ($70 200 001 2. - -- - --- - -- --- -~--+-~~ ~+~+~ J, savvra . v vla K11Y K1LVl-S u w,n~s~..~c, 4erw, ..~..~..... 4L ,.....1._r_ _1__11 1_ _ _ , b.a 6 yr ' ___ _ _ .The mayor shall receive an increase to the annual salary on January 1 2010 for a total annual salary of seventy-two thousand five hundred ($72,500.00 Mayor Compensation Amendment - 1 of 2 3. > > .The mayor shall receive an increase to the annual salary on January 1 2011 for a total annual salary of seventy five thousand dollars $75 000.0,0, 4. Salary will be paid in equal monthly amounts. Section 2: 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. ~SSED BY E CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2009. 28~thAPPROVED THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of _, 2009. ~~~ ~~~ A CITY CLERK Mayor Compensation Amendment - 2 of 2 July 24, 2009 AZ 08-014 MERIDIAN CITY COUNCIL MEETING JUIy 28, 2009 APPLICANT King's Congregation ITEM NO. 14 REQUEST Ordinance -- Request for Annexation and Zoning of 2.74 acres from RUT to L-O zones for King's Congregation Church -- 1201 East Victory Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Merldtan. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f BOISE IDAHO 0712,9109 03;01 PM DEPUTY Vicki Allen RECORDED-REnwEST of III IIIIIIIIIIIIIIIIIIIIIIIIIII II I III Meridian City 1~0'~088~11 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 08-014 -KING'S CONGREGATION) FOR ANNEXATION OF A TRACT OF LAND SITUATED IN THE NORTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM Rl (ADA COUNTY) TO L-O (LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: King's Congregation.. SECTION 2. That the above-described real property is hereby annexed and re-zoned from Rl (Ada County) to L-O (Limited Office 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 08-014 KING'S CONGREGATION 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 ~UL~~.~- , 2009. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2009. JAYCEE L. HOLMAN, CITY MAYOR MY de WEERD ANNEXATION - AZ 08-014 KING'S CONGREGATION Page 2 of 3 a ~~~ ~~~ ~ ~ ~ ~~~~ s~~ ~ ~'g~ ~ ~ ~ ~~ ~ $ ~ g sad 8 ~ z~ ~~ .~ ~ a~ ~~Qq Si ~ .'0 ~ ~ i O v ' „' ~ ~° x v iR ~~ ~ ~~ ~ ° d m ~ ~ o r.....~._...... 1 ry M~ _ .~... 5.. 1 ' ~ ~~ ,. 0 • N 7 /~ \/ a JUIy 24, 2009 MERIDIAN CITY COUNCIL MEETING JUIy 28, 2009 APPLICANT ITEM NO. ~ S REQUEST Executive Session per Idaho State Code 67-2345(1) (F) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Matertals presented at public meetings shall become property of the City of Meridian. MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba DELIQUENCY FOR TURN OFF ECEI~V'E~ JUL 2 8 2009 CITY OF ~ CITY CLERKS OFFICE Schedule for July 29, 2009 Cycle 1 MAYOR: This letter attests to the fact that no water users have requested a pretermination hearing for July 28, 20009. Users having delinquent utility bills will be shut off on July 29, 2009. The total amount past due is $15,127.42 The number of past due customers is 163. Jacy Jones Utility Billing Administrator CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Jul 28, 2009 03:55pm Current Period: 08/05/2009 -Transactions Included Through: 08J05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<}6600000001 Customer.Bill Cycle = 1 Customer.Customer Type = {not like} BANKRUPTCY% Customer.Shut off list =False Customer.Vacant =False Customer.Ext Agreements =False Ref No Cust No Name /Service Address Past Due Balance 1 22.50.2018.02 BENJAMIN, BRIAN & HOLLY 55.74 88.42 1317 SHREVEPORT AVE N RENTER PAYS TOTAL DUE + FEE 2 30.74.2542.02 ALLEN, JIM 112.56 304.63 1187 KIMRA ST W 3 30.74.2514.04 AREA, RICHARD 215.95 481.53 1455 KIMRA ST W 4 30.74.2762.04 AREA, RICHARD 108.74 252.17 1448 CRESTWOOD DR W 5 46.55.0802.03 AUGER, JAMES R 61.92 114.02 1893 DAULBY ST E 6 34.34.6236.03 BALMER, ROBERT W 51.72 107.29 2802 BAY STAR WAY S 7 22.50.1912.02 BARNHART, RICK 69.31 158.37 1596 PENRITH PL N 8 22.50.1022.01 BEACH, ROXANNE 91.70 149.29 303 GRUBER AVE E 05/26/09 -10:41 AM -- BalderaM ROXANNE BEACH WILL PAY PAST DUE 40.00 ON 6-12-09 03/31 /09 -10:12 AM -- BalderaM PAYMENT ARRANGEMENT KEPT WITH (ROXANNE BEACH) 1 MORE ARRANGEMENT ALLOWED THIS YEAR 2009 03/03/09 -10:40 AM - upsonc "`*~`*CORRECTION DATES FOR ARRGMENT ON 2/27/09 ARE 3/13/09 $43.07 3/27/09 $44.17 CITY OF MERIDIAN Shutoff Account List CITY- COUNCIL Page: 2 Standard Payment Customers Jul 28, 2009 03:55pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance 03/03/09 - 07:47 AM -- BalderaM PAYMENT ARRANGEMENT KEPT THEREFORE 1 MORE ARRANGEMENTS ARE ALLOWED THIS YEAR FOR (BEACH) 02/27/09 -12:41 PM -- upsonc PER SHELLY OKAY TO MAKE ARRANGEMENT-MADE ARRAGEMENT WITH ROXANNE FOR 9-13-09 $43.07 9/27/09 $44.17 NO ARRANGEMENTS ALLOWED PERMANENTLY DUE TO NEGATIVE PAYMENT/ARRANGMENT HISTORY IN PAST 9 36.69.0582.03 BECK, JAMES 1289 SHEPHERD ST E MICHELLE TURNER MADE ARRANGEMENTS FOR 03/30/2009 $90.69 10 46.18.0206.02 BEDNAR, BRIAN & LINDA 4107 ZAIVCLA AVE S 137.94 318.49 51.75 108.48 11 22.51.3080.03 BEEBE, MELINDA 71.83 144.24 19 KINGSTE RENTER PAYS TOTAL DUE + FEE - '"""`NO ARRAGEMENTS PER THE OWNER CANCELED D/P 5/23/07 PER CUSTOMER REQUEST-DB 5/23 PUT ON D/P 2/22/07-DB 12 30.30.6236.03 BLEDSOE, STEPHANIE 81.43 128.79 1243 JACKSNIPE DR W 13 46.60.0066.03 BOSTROM, ERICK 8 PEGGY 75.63 184.12 3822 ARNO AVE S 14 25.95.1402.02 BOYD, RICHARD & YVONNE 4110 HEARST ST W 81.37 179.17 15 22.51.0706.02 BRANDY, LORELI 426 IDAHO AVE E 67.25 148.80 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Jul 28, 2009 03:55pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 16 25.05.0312.01 BRASFIELD, WILLIAM B. 64.36 211.55 1235 NOTEL CREEK PL N 17 35.35.0247.03 BSELA, WENDY-LEE 51.66 129.57 2455 GREEN CANYON DR E ' 18 24.70.0141.01 CALLISTER, DAVID & BECKY 252.96 365.56 3025 ACARRERA LN W 19 24.70.0143.01 CALLISTER, DAVID & BECKY 178.30 257.20 929 BONSAI LN N 11-12-23-24 20 24.70.0146.01 CALLISTER, DAVID & BECKY 294.75 401.84 3032 BRANDYWINE LN 11-12-23-24 21 25.95.0811.02 CARRINGTON, KENNETH & MICHELE 58.30 133.03 871 WOLFSBURG AVE N 22 24.04.1800.05 CASE, TRENT 69.25 219.67 2424 SANTA CLARA DR W RENTER PAYS TOTAL DUES + FEES "''`*NO ARRANGEMENT PER THE PM '"`ALL CHANGES MUST BE IN WRITING!!! 23 30.30.6120.04 CASTILLO, ARIEL & PEREZ, WENDY 76.45 140.23 950 OTTER AVE S 07/20/09 - 04:01 PM - Ireese PAYMENT ARRANGEMENT MADE: $76.45 - 7/30/09 PAYMENT ARRANGEMENT FORM MAILED TO CUSTOMER. 24 30.74.3518.06 CASTRICON, JENNIFER 50.12 141.66 971 HONKER DR W 25 22.51.0694.02 COLE, JOHN & MONINE 60.81 129.75 823 5TH ST E 26 46.55.0311.02 CONDIE, BROCK 8 CONNIE 72.65 102.45 4548 DENISON AVE S RENTER PAYS TOTAL DUE + FEE 27 37.72.0186.03 CONE, DANNY JR ~ TAMI 118.77 463.13 1921 RIPTIDE AVE S CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Jul 28, 2009 03:55pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 28 24.04.0888.01 CONNELL, DION 84.48 225.35 920 LATITUDE AVE N 29 23.02.1920.02 CONRADI, JEFFREY $ LINDA 52.77 155.29 323 MAPLE AVE W 30 23.02.4280.03 CORBETT, ANITA K 133.05 274.88 1226 MAPLE ST 31 30.30.6078.02 CROSSLEY, BRIAN 8 JESSICA 73.16 127.96 1435 VERBENA DR W RENTER PAYS TOTAL DUES + FEES '"`~`~`'NO ARRANGEMENT PER THE PM 32 22.51.0998.01 CULVER, WALTER & ALICE 78.95 385.15 911 PINE AVE E 33 22.50.4574.03 DA ROSA, JOE 79.97 109.77 220 PINE AVE E 34 36.69.0530.03 DAVISON, DANNY J 129.98 287.89 1053 PEACOCK ST E 35 35.43.0203.03 DE BOARD-WILLMORE, AMY S 63.69 165.13 3169 SIDURI AVE S RENTER PAYS TOTAL DUE + FEE 36 25.25.9948.02 DEAN, MICHAEL ~ PENI 82.01 172.15 1049 BILTMORE AVE N 37 24.04.2052.03 DEVERS, ROBERT & ALISON 51.75 267.03 2055 SUNNY SLOPE DR W REMOVED CASH ONLYMO ARRANGEMENTS ALERT-SEE NOTES-DB 8/29/07 NO ARRANGEMENTS TIL 9/11/07!!!-CASH ONLYTIL 9/11/07 FOR CUSTOMER WHO WROTE NSF TO KEEP/GET WATER BACK ON. 38 30.74.1062.01 DON, PAULINE ~ RON 56.68 129.79 16 ROSE CL 39 30.74.2636.02 DUFF, JAMES & ADRIANA 72.65 102.45 425 OUTFIELD WAY S 40 22.51.0266.02 DUNAGAN, CYNTHIA L 109.83 171.32 518 BROADWAY AVE E RENTER PAYS TOTAL DUE + FEE CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Cu stomers Jul 28, 2009 03:56pm Current Period: 08/05/2009 -Transactions I ncluded Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 41 46.16.1501.01 EAGLEWOOD HOMES 73.86 118.92 2328 SICILY ST E RENTER PAYS TOTAL DUE + FEE 42 46.16.1323.02 EDWARDS, RICHARD ~ JILL 51.75 125.32 2315 SICILY ST E 43 24.03.0846.03 ELDREDGE, JASON 66.29 147.35 630 BROWNFIELD WY W RENTER PAYS TOTAL DUE + FEE-NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE OWNER 44 45.20.0108.03 ENGLE, LEANNA 57.72 132.86 1224 PIENZA ST E 45 35.35.1218.02 EVANS, JAMES 79.62 138.42 2895 MACKAY DR E 46 23.02.2450.01 FARRELL, MICHAEL 65.47 166.94 1222 4TH ST W 47 30.74.3190.03 FISCHER, DONALD 8~ LAURA 93.00 156.20 917 GREENHEAD ST W 48 25.25.4066.02 FJELDSTED, JUSTIN ~PREECE,SHAN 90.75 138.69 4488 THORN CREEK ST W RENTER PAYS TOTAL DUE + FEE***NO ARRANGEMENTS PER THE OWNER 49 35.10.0111.02 FNMA /AURORA / REMAX WEST 89.15 149.62 1805 OVERLAND RD BLDG #11 50 25.05.0772.04 FREDDIEMAC-COLDWELL BKR TOML 72.93 197.15 3742 PARK CREEK DR W NO ARRANGEMENTS ALLOWED UNTIL 6/23/09 51 22.51.3154.06 FUHRMAN, JAMES 53.85 217.09 111 3RD ST E 52 23.01.2390.02 GONZALEZ, JAVIER 59.96 167.89 1536 BIDDICK CT W 02/26/07 -12:32 PM -nary] CUSTOMER WILL PAY OIN BTHURSDAY CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Jul 28, 2009 03:56pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due 53 36.69.0654.03 GOULD, SHANE 1320 PUFFIN ST E 54 25.95.0418.02 GREEN, MELISSA & TIFFANY ~ VAN 4560 HEARST DR W RENTER PAYS TOTAL + FEES ""`E`NO ARRANGEMENTS PER PM 55 30.74.2384.08 HALE, SEAN & ROBIN 972 LOUISVILLE CT W 03/31/09 - 02:33 PM - BalderaM PAYMENT ARRANGEMENT KEPT WITH (SEAN HALE) 3 MORE ARRANGEMENTS ALLOWED THIS YEAR 2009 03/24/09 - 01:05 PM -nary] CORRECTION CUSTOMER WAS GIVEN A COPY OF THE ARRANGEMENT WHILE IN THE OFFICE 03/24/09 - 01:05 PM -nary] CUSTOMER T. TITUS MADE ARRANGEMENTS TO PAY $48.60 3/27/09 CHECKMARKED ACCT-IF KEPT ALLOWED 3 MORE BEFORE 3/24/10-MAILED CUSTOMER A COPY OF THE ARRANGEMENT-AWARE OF TERMS 70.59 84.92 74.82 Balance 204.09 172.00 277.29 56 23.01.0780.04 HALL, JORDAN 503 BROADWAY AVE W 82.80 245.11 RENTER PAYS TOTAL DUES + FEES '"~""`NO ARRANGEMENTS PER THE OWNER 57 24.03.0368.04 HAMOURABI, AFRAM 71.59 144.08 712 ROTAN AVE N RENTER PAYS TOTAL DUE + FEE-NO ARRANGEMENTS ALLOWED UNTIL 9/26/09 58 35.65.0258.04 HANSEN, DARWIN 110.90 188.23 2575 BAYOU BAR WAY S RENTER PAYS TOTAL DUES + FEES CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Jul 28, 2009 03:56pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance *~"FNO ARRANGEMENTS PER THE OWNER 59 23.02.2250.05 HENEY, TIMOTHY & JOANN 98.11 364.24 225 CHERRY AVE 60 25.05.0220.01 HESSING, WILLIAM 128.40 371.29 3887 BIG CREEK CT W 61 30.74.1064.02 HOLLOWAY, JERALD & CHERI 58.16 111.84 14 ROSE CL 62 30.74.1014.03 HOLLOWAY, JERALD K 56.09 186.71 64 ROSE CL 63 46.18.0122.02 HOLWEGNER, JARED ~ JON $ 83.97 147.61 3002 DEERHILL DR E 05/11 /09 -10:22 AM -BalderaM PAYMENT ARRANGEMENT JARED HOLWEGNER KEPT ALLOWED 3 MORE THIS YEAR 2009 04/22/09 - 03:47 PM - Ireese PAYMENT ARRANGEMENTS MADE: $41.27 - 5/5/09 PAYMENT ARRANGEMENT FORM FAXED TO CUSTOMER ON 4/22/09. 64 34.98.0003.02 IDAHO MOTOR TRANSPORT ASSOC 53.73 95.47 3405 OVERLAND RD. E 65 22.51.3650.02 JARRETT, DARLA 53.07 90.50 41 ADA ST E 66 37.37.3914.04 JOHNSON, JEFFERY ~ DIANE 63.69 141.16 2344 COVEY WAYS (CORNER) RENTER PAYS TOTAL DUES + FEES """'"NO ARRANGEMENTS PER OWNER 67 35.65.0236.02 JONES, AMY 51.75 122.58 2521 RIVER DOWNS PL S 03/03/09 - 07:48 AM -BalderaM PAYMENT ARRANGEMENT KEPT THEREFORE 3 MORE ARRANGEMENTS ARE ALLOWED THIS YEAR FOR (JONES) 02/23/09 - 01:35 PM - nicholse ARRANGEMENT $89.96 DUE ON 2/27 3 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance MORE UNTIL 2/23/10 68 23.02.5510.03 JONES, SAMUEL 109.20 266.99 1501 MAPLE AVE 69 46.60.0618.02 KM CONSTRUCTION LENDING LLC 79.82 176.37 3903 BASILICA WAY S 70 22.51.3570.04 KNOX, JERRY & NORMA 94.55 212.33 305 2ND ST E 71 45.26.0401.03 KRAH, BRIAN ~ TINA 55.21 129.36 3854 BRIGHAM AVE S 72 22.50.0646.01 LACASA LAVILLA 51.17 104.01 1222 4TH ST E-WASHROOM 73 22.50.0656.01 LACASA LAVILLA 173.13 437.98 1234 4TH ST E 07/28/09 - 02:25 PM -BalderaM CONTACT THE PM IN REGARDS TO THE WATER BEING TURNED OFF FOR NON PAYMENT 05/11 /09 -10:54 AM -BalderaM PAYMENT ARRANGEMENT NOT KEPT NO ARRANGEMENTS UNTIL MAY 1-2010 04!27/09 - 02:27 PM - upsonc MADE ARRANGEMENT WITH TERRY BRADLEY WITH SIGNATURE REALESTATE-INFORMED CUSTOMER OF TERMS OF ARRANGEMENT CUSTOMER AGREED TO TERMS-ARRANGEMENT IS AS FOLLOWS 5/01/09 629.69 OR PAST DUE AMOUNT OF 448.42 74 30.74.0426.01 LACY, GLORIA 122.58 199.41 623 BARRETT ST W 75 35.64.0016.02 LAKHANI, DAVID 67.40 107.57 2033 MACKAY DR E 76 20.46.0562.03 LAMB, PATTY ~ GARCIA, FRANK 54.49 116.03 3890 PRESIDENTIAL DR E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 77 20.46.0372.03 LARSEN, PAUL 93.40 200.84 1057 CAUCUS WAY N 05/11/09 -11:02 AM -- BalderaM TURNING THE WATER OFF DID NOT KEPT THE ARRANGEMENT THEY NEED TO PAY 191.59 TO RESTORE THE _ SERVICES 05/08/09 -11:36 AM -- BalderaM PAUL LARSEN IS NOT ALLOWED TO MAKE AN ARRANGEMENT UNTIL MAY 5 2010 05/08/09 =11:36 AM -BalderaM TALKED TO PAUL HE BROKE THE PAYMENT ARRANGEMENT FOR 5-4-09 FOR THE AMOUNT OF 48.53 I THEN EXPLAINED TO HIM THAT AT THIS TIME WE ARE GOING TO NEED TO HAVE ALEAST THE PAST DUE 166.59 04/28/09 - 01:08 PM -BalderaM PAYMENT ARRANGEMENT WITH PAUL LARSEN PAY 48.53 ON 5-4-2009 PAY 48.54 ON 5-11-09 PUT CHECK MARK ON THE ACCOUNT 78 24.04.1636.02 LINCOLN, CHARLES 99.77 284.03 2948 WILLARD ST W 79 30.74.2628.03 LIVELY, ROBERT 100.79 281.09 301 OUTFIELD WAY S 80 30.74.3228.02 LONG, SETH & KRISTIN 87.60 162.74 1024 GREENHEAD ST W RENTER PAYS TOTAL DUES + FEES ~''NO ARRANGMENTS PER THE OWNER 81 46.55.0110.03 LONGSTREET, JAMES 112.72 291.36 1720 ADELAIDE DR E 82 32.32.4688.02 LOVE, SCOTT 66.77 147.39 2370 BOWSTRING ST E 07/21 /09 -10:16 AM -- Ireese PAYMENT ARRANGEMENT MADE: $66.77 - 7/31/09. CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 10 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance 83 24.03.0400.02 LYONS, BRADLEY & RACHEL 63.69 126.37 795 TALL PINE PL N 84 45.20.1109.03 MADSEN, ADAM JACOB 58.46 131.89 1285 IONIA ST E 11/19/08 - 01:03 PM -nicholse CUSTOMER CANCELED D/P - WILL BE BACK TO DO NEW APP NO MORE ARRANGEMENTS ALLOWED UNTIL 4/1/09-CUSTOMER DID NOT KEEP ARRANGEMENTS-DB 4/7/08 85 22.50.2336.01 MAGNUSON, ERIC 111.41 190.45 1228 SHELLBROOK DR E 03/26/09 - 02:25 PM -BalderaM PAYMENT ARRANGEMENT KEPT WITH MAGNUSON 3 MORE ALLOWED THIS YEAR 2009 03/24/09 -12:48 PM -nicholse ARRANGEMENT FOR ERIC MAGNUSON. $83.45 DUE 3/25/09 86 25.25.9930.01 MANLEY, JUSTIN 8~ HEIDI 59.38 122.58 1090 LAMBERT WAY N (CORNER) 87 24.61.0102.02 MARCHESE, ROGER 8~ ANGELA 78.54 163.55 815 CLARA AVE N 88 35.38.0503.03 MARTIN, CODEE $ JUSTUS 67.94 140.17 3139 HUDSPETH AVE S RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM!!!!! 89 20.46.0316.03 MARTIN, GREGORY R & JEAN M 56.64 129.71 3686 EISENHOWER DR E RENTER PAYS TOTAL DUES + FEES 90 20.46.0864.04 MASON, DANIEL 8~ JENNIE 54.29 119.15 3590 FLORENCE DR E 91 24.03.0312.04 MATHES, CHAD 50.62 114.35 2019 SNYDER DR W 06/04/09 - 03:54 PM -BalderaM PAYMENT ARRANGEMENT KEPT TO CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 11 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance CHAD MATHES THEY ARE ALLOWED 3 MORE THIS YEAR 05/26/09 - 09:42 AM -- BalderaM PAYMENT ARRANGEMENT WITH CHAD MATHES PAY 125.19 ON 5-27-09 PUT CHECK MARK ON THE ACCOUNT 92 23.01.2240.02 MAYORGA, LUIS & DAMARY 60.99 194.85 1571 IDAHO CT W 93 32.32.4168.02 McKINNEY, JACK 8 CINDY 100.86 161.91 1924 PEGRAM ST E 94 23.02.3892.01 McNALLEY, RUSSELL 84.85 132.88 26 WASHINGTON AVE W 95 29.07.1066.02 McVEY, DOUGLAS & KATHLEEN 64.22 141.55 375 MALACHITE AVE S 96 20.46.0336.02 MENDEZ, ROBERT & MELISSA 50.69 103.38 3497 CONGRESSIONAL DR E 97 21.50.0004.01 MERIDAN FOOTHILLS 113.03 266.20 2380 FRANKLIN RD E BLDG 6 98 21.50.0001.01 MERIDIAN FOOTHILLS 353.78 1,546.98 SPK -FOOTHILLS APT 99 21.50.0002.01 MERIDIAN FOOTHILLS 901.10 1,853.14 2308 FRANKLIN RD E CLUB BLDG 1 100 21.50.0008.01 MERIDIAN FOOTHILLS 154.82 340.17 2352 FRANKLIN RD E BLDG 8 101 21.50.0010.01 MERIDIAN FOOTHILLS 348.44 422.51 2344 FRANKLIN RD E BLDG 9 102 21.50.0012.01 MERIDIAN FOOTHILLS 111.88 190.93 2340 FRANKLIN RD E BLDG 11 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 12 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 103 21.50.0014.01 MERIDIAN FOOTHILLS 2336 FRANKLIN RD E BLDG 10 Past Due Balance 148.85 331.55 104 21.50.0016.01 MERIDIAN FOOTHILLS 107.25 204.21 2330 FRANKLIN RD E BLDG 5 105 21.50.0018.01 MERIDIAN FOOTHILLS 118.97 263.37 2324 FRANKLIN RD E BLDG 4 106 21.50.0020.01 MERIDIAN FOOTHILLS 104.37 188.40 2320 FRANKLIN RD E BLDG 3 107 21.50.0022.01 MERIDIAN FOOTHILLS 95.12 228.05 2314 FRANKLIN RD E BLDG 2 108 30.74.2532.02 MILLER, JERYLE 81.70 149.39 1281 KIMRA ST W 109 24.04.1330.02 MILLER, SANDY 62.62 94.08 2663 EBBTIDE ST W 110 22.51.0958.03 MURPHY, EDWARD & ANDERSON, Y 82.12 142.93 745 PINE AVE E RENTER PAYS TOTAL DUES + FEES 111 30.74.2432.04 MYERS, RICHARD 8~ DAWN 143.84 367.19 1160 KIMRA ST W 112 45.20.0638.02 NEIWERT, ADAM & NICOLE 81.75 152.58 1484 PISTIOA DR E 113 23.01.0850.01 NOLTA, IRENE 108.11 218.20 311 BROADWAY AVE W 07/10/09 - 07:38 AM -BalderaM PAYMENT ARRANGEMENT 3 MORE THIS YEAR 2009 06/23/09 - 09:10 AM -BalderaM PAYMENT ARRANGEMENTWlTH IRENE NOLTA PAY 50.00 ON 6-23-09 PAY 22.75 ON 7-8-09 PUT CHECK MARK ON THE ACCOUNT MAILED A COPY TO THE CUSTOMER CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 13 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 114 20.46.0866.01 OLIVER, KELLY 85.56 141.71 3576 FLORENCE DR E 115 20.46.0334.01 ORR, KIRT 66.57 167.25 3476 EISENHOWER DR E 116 37.72.0268.01 OWEN, KENNETH 52.92 113.97 2219 GULL COVE PL S 117 30.74.3300.05 PADGETT, SEAN 128.66 273.26 1244 GREENHEAD DR W NO ARRANGMENTS ALLOWED PER OWNER !!!!!! 118 22.50.3728.05 PRIBEK, BARBARA 59.27 165.63 975 RALSTIN PL N 119 24.04.0504.03 PRINE, KEVIN 60.05 134.87 2693 WAVE CT W 120 30.74.1046.01 PROK, TROY 63.55 151.83 30 ROSE CL 121 25.09.0028.02 QUESNELL, LESLIE HOMER 72.57 119.43 3397 ACARRERA CT W 122 30.74.3954.03 QUICK, TINA L 81.30 201.73 1404 GANDER DR W 06/04/09 - 03:40 PM -BalderaM PAYMENT ARRANGEMENT WAS NOT KEPT WITH TINA QUICK SHE PAID ON 6-3-09 SHE STATED THAT HE CAR HAD BROKEN DOWN 06/03/09 - 09:25 AM -BalderaM PAYMENT ARRANGEMENT NOT KEPT CALLED THE OWNER (QUICK) LEFT MESSAGE WITH A LADY STATED TO HER THAT 1 NEED TO HEAR FROM TINA QUICK BY NOON OR THE SERVICES WILL BE TURNED OFF 05/26/09 - 01:19 PM -nary] CUSTOMER (TINA) MADE ARRANGEMENTS TO PAY $78.47 6/1/09 CHECKMARKED ACCT-READ CUSTOMER THE TERMS-CUSTOMER CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 14 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05!2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance AGREED--MAILED A COPY OF THE NOTICE-IF KEPT ALLOWED 3 MORE BEFORE 5/26/10 123 23.02.2110.04 RABWIN, MARCUS 71.46 144.39 223 CAMELLIA AVE RENTER PAYS TOTAL DUE + FEE 124 22.51.0890.01 RAYGOZA, IGNACIO 76.47 181.58 421 PINE AVE E 125 23.02.0100.01 READE, JOHN & DONNA 75.63 178.64 903 2ND ST W NO ARRANGEMENTS ALLOWED TIL 6/7/08 DUE TO POSTPONEMENT OF ARRANGEMENTS 6/2007. 126 35.35.1172.03 REAMS, JOEL & KIMBERLEY 58.48 122.85 2935 ZIMS AVE S 127 24.03.0330.02 REYES, MARIA 8~ LENIN 82.69 150.20 2007 SLATON DR W NO ARRANGMENTS ALLOWED PER THE OWNER!!!!!!!!!!!!! 128 35.38.0605.02 RHODES, TIMOTHY 90.75 141.29 2371 POWDER RIVER ST E RENTER PAYS TOTAL DUES + FEES '"'"`NO ARRANGEMENTS PER THE PM 129 37.37.3118.02 RICE, JAMES & LIZETTE 81.83 193.37 2870 DENALI WAY S 130 45.26.0702.02 RIVERA, URIEL 63.87 144.17 1293 PISA ST E 131 30.74.3536.05 RODRIQUEZ, R. ~ FEESE, H. 75.29 155.41 1016 MUSCOVY AVE S RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM!! 132 23.23.3446.04 RUBIO, ANGELA 59.73 150.83 991 IDAHO AVE W 07/10/09 - 07:42 AM - BalderaM PAYMENT ARRANGEMENT KEPT 3 MORE THIS YEAR 2009 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 15 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance 06/22/09 - 03:33 PM - nicholse ARRGMT FOR ANGELA RUBIO $26.97 DUE 6/29/09 RENTER PAYS TOTAL DUE + FEE 133 20.46.0530.02 SAINSBURY, CHRIS & KIM 1201 PRINCIPLE WAY N 06/04/09 - 03:45 PM -BalderaM PAYMENT ARRANGEMENT KEPT TO CHRIS SAINSBURY THEY ARE ALLOWED 3 MORE THIS YEAR 05/26/09 - 08:40 AM - Ireese PAYMENT ARRANGEMENTS MADE: $88.30 - 5/29109 PAYMENT ARRANGEMENT FORM MAILED TO CUSTOMER ON 5/26/09. 50.67 111.13 134 23.23.3996.02 SANTANGELO, ROBERT & MICHELLE 588 8TH ST W 135 25.05.0720.02 SANTOS, WILLIE & MARIE 3508 FIR CREEK CT W RENTER PAYS TOTAL DUE + FEE-NO ARRANGEMENTS ALLOWED PER THE LANDLORDS 79.83 130.86 81.71 264.75 136 30.74.2846.02 SCHROEDER, PHILLIP 8 MARGORIE 479 SPOONBILL AVE S 07/09/09 -12:21 PM -BalderaM PAYMENT ARRANGEMENT KEPT 3 MORE THIS YEAR 2009 06/23/09 - 08:09 AM - upsonc ARRAGEMENT WITH PHILLIP SHROEDER 6/26/09 65.00 INFORMED CUSTOMER OF TERMS OF AGGREEMENT-CUSTOMER AGREED CUSTOMER ACCT CLOSED, DO NOT ACCEPT A CHECK CASH ONLY UNTIL 9-1-2009 62.13 124.46 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 16 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 137 24.04.1618.03 SHIMEL, RYAN ~ SARAH 104.95 291.86 2724 WILLARD ST W 138 35.35.0258.03 SHORES, DAVID & CARRIE 54.35 120.15 2346 GREEN CANYON DR E 139 37.50.0228.02 SILSBY, LAURA 72.54 207.85 2828 ALFANI WAY S 140 22.51.4034.02 SKINNER, KEN 93.58 139.31 34 ADA ST E 141 25.25.1058.04 SMITH, DAVID &ANITA 72.85 160.37 4749 BLUE CREEK CT W 06/11/09 -10:52 AM -BalderaM PAYMENT ARRANGEMENT WITH ANITA SMITH KEPT 2 MORE THIS YEAR 2009 ANITA MADE ARRANGEMENTS FOR $55.06 DUE BY 06/02/2009 CHECKMARKED ACCOUNT 03/31/09 -10:09 AM -BalderaM PAYMENT ARRANGEMENT KEPT WITH ANITA SMITH 3 MORE ARRANGEMENTS ALLOWED THIS YEAR 2009 03/27/09 - 02:15 PM - nicholse ARRANGEMENT KEPT. $64.52 OF THE $128.84 IS NOT DELINQUENT. ANITA PAID $65.00 03/13/09 -11:13 AM - upsonc MADE PAYMENT ARRGMT WITH ANITA SMITH-- 3/27/09 THE AMOUNT OF 128.84 -EXPLAINED THE TERMS OF ARGMNT WITH CUSTOMER ANITY-CUSTOMER AGREED TO TERMS-CHECKED MARKED ACCTOUNT 142 24.04.2220.02 STEFANI, BRIAN ~ REBECCA 59.16 231.69 1835 SUNNY SLOPE DR W 143 23.02.5490.01 STEVENS, JEFFREY ~ BARBARA 68.29 176.66 1515 MAPLE AVE CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 17 Standard Payment C ustomers Jul 28, 2009 03:58pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 144 30.74.2664.02 STON, JOE 63.01 153.18 430 OUTFIELD WAY S 145 22.05.0004.01 STRICKLAND PROPERTIES LLC 145.52 392.74 1220 MERIDIAN RD N 146 29.07.0770.04 SUTTON, JASON 71.56 136.19 525 LODESTONE AVE S RENTER PAYS TOTAL DUE + FEE 147 24.03.0828.03 SWENSON, WILLIAM & NANCY 67.57 126.46 2429 SNYDER ST W 148 35.65.0230.02 TANNER, BRENDA 51.75 179.23 2429 RIVER DOWNS PL S 149 23.02.1190.01 TERRELL, A 84.84 169.19 1324 1ST ST W 150 22.50.0680.01 TRUST, LINDA HOOVER 59.40 199.84 1320 4TH ST E 151 46.46.6206.04 TUELLER, JOSEPH ~ ALISA 62.65 134.56 2882 HERO DR E 152 23.02.4550.01 VINCENT, TOMMY & MARY 117.16 212.31 132913TH AVE W 153 25.25.0156.02 WAGNER, JARAN & GREG 70.26 153.82 3315 WAVE DR W RENTER PAYS TOTAL DUES + FEES "**NO ARRANGEMENTS FOR THE RENTERS PER THE PM!!! 154 37.72.0246.02 WALLACE, BOW & GUNTER, MADISON 57.41 148.39 2218 COVEY AVE S RENTER PAYS TOTAL DUES + FEES '~'"NO ARRANGEMENTS PER THE PM 155 22.50.2178.02 WARD, LEE 69.89 151.23 1203 STONEHENGE WAY N 156 22.50.1920.06 WASHBURN, MICHAEL ~ JILL 241.06 303.59 1535 PENRITH PL N 157 22.50.4550.03 WEBB, ASHLEE 91.77 165.11 312 PINE AVE E 158 23.02.0412.03 WERNER, GERALD 53.52 187.34 669 CRITERION ST W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 18 Standard Payment Customers Jul 28, 2009 03:58pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 159 22.50.2418.02 WHITEHEAD, CODY 57.90 130.57 1383 DRUCKER ST E NO ARRANGEMENTS FOR RENTER AS PER OWNER 160 37.72.0110.02 WILCOX, JEANNA 93.13 227.59 1975 GULL COVE PL S 161 24.03.0316.02 WILSON, RUSSELL 75.28 162.59 1998 SNYDER DR W 162 25.25.1040.03 WOLDEGABREAL, LULU 100.24 185.25 1350 WALES AVE W (CORNER) 163 45.20.0309.02 WOLFE, ASHLEY 88.73 161.42 3336 MURLO WAY S RENTER PAYS TOTAL DUE + FEE Grand Totals: 163 Customers Listed 15,127.42 33,578.53 Report Criteria: Terminated customers not included Customer.Cust No () _ {<}6600000001 Customer.Bill Cycle = 1 Customer.Customer Type = {not like} BANKRUPTCY% Customer.Shut off list =False Customer.Vacant =False Customer.Ext Agreements =False CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Jul 28, 2009 03:56pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 53 36.69.0654.03 GOULD, SHANE 1320 PUFFIN ST E Past Due Balance 70.59 204.09 54 25.95.0418.02 GREEN, MELISSA ~ TIFFANY ~ VAN 84.92 172.00 4560 HEARST DR W RENTER PAYS TOTAL + FEES '""`'NO ARRANGEMENTS PER PM 55 30.74.2384.08 HALE, SEAN 8~ ROBIN 74.82 277.29 972 LOUISVILLE CT W 03/31 /09 - 02:33 PM - BalderaM PAYMENT ARRANGEMENT KEPT WITH (SEAN HALE) 3 MORE ARRANGEMENTS ALLOWED THIS YEAR 2009 03/24/09 - 01:05 PM -nary] CORRECTION CUSTOMER WAS GIVEN A COPY OF THE ARRANGEMENT WHILE IN THE OFFICE 03/24/09 - 01:05 PM -nary] CUSTOMER T. TITUS MADE ARRANGEMENTS TO PAY $48.60 3/27/09 CHECKMARKED ACCT-IF KEPT ALLOWED 3 MORE BEFORE 3/24/10-MAILED CUSTOMER A COPY OF THE ARRANGEMENT-AWARE OF TERMS 56 23.01.0780.04 HALL, JORDAN 82.80 245.11 503 BROADWAY AVE W RENTER PAYS TOTAL DUES + FEES '"`*"NO ARRANGEMENTS PER THE OWNER 57 24.03.0368.04 HAMOURABI, AFRAM 71.59 144.08 712 ROTAN AVE N RENTER PAYS TOTAL DUE + FEE-NO ARRANGEMENTS ALLOWED UNTIL 9/26/09 58 35.65.0258.04 HANSEN, DARWIN 2575 BAYOU BAR WAY S 110.90 188.23 RENTER PAYS TOTAL DUES + FEES CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Jul 28, 2009 03:56pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance ~"NO ARRANGEMENTS PER THE OWNER 59 23.02.2250.05 HENEY, TIMOTHY & JOANN 98.11 364.24 225 CHERRY AVE 60 25.05.0220.01 HESSING, WILLIAM 128.40 371.29 3887 BIG CREEK CT W 61 30.74.1064.02 HOLLOWAY, JERALD & CHERI 58.16 111.84 14 ROSE CL 62 30.74.1014.03 HOLLOWAY, JERALD K 56.09 186.71 64 ROSE CL 63 46.18.0122.02 HOLWEGNER, JARED ~ JON & 83.97 147.61 3002 DEERHILL DR E 05/11/09 -10:22 AM -BalderaM PAYMENT ARRANGEMENT JARED HOLWEGNER KEPT ALLOWED 3 MORE THIS YEAR 2009 04/22/09 - 03:47 PM - Ireese PAYMENT ARRANGEMENTS MADE: $41.27 - 5/5/09 PAYMENT ARRANGEMENT FORM FAXED TO CUSTOMER ON 4/22/09. 64 34.98.0003.02 IDAHO MOTOR TRANSPORT ASSOC 53.73 95.47 3405 OVERLAND RD. E 65 22.51.3650.02 JARRETT, DARLA 53.07 90.50 41 ADA ST E 66 37.37.3914.04 JOHNSON, JEFFERY ~ DIANE 63.69 141.16 2344 COVEY WAYS (CORNER) RENTER PAYS TOTAL DUES + FEES ~"'`NO ARRANGEMENTS PER OWNER 67 35.65.0236.02 JONES, AMY 51.75 122.58 2521 RIVER DOWNS PL S 03/03/09 - 07:48 AM -BalderaM PAYMENT ARRANGEMENT KEPT THEREFORE 3 MORE ARRANGEMENTS ARE ALLOWED THIS YEAR FOR (JONES) 02/23/09 - 01:35 PM - nicholse ARRANGEMENT $89.96 DUE ON 2/27 3 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08J05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance MORE UNTIL 2/23/10 68 23.02.5510.03 JONES, SAMUEL 109.20 266.99 1501 MAPLE AVE 69 46.60.0618.02 KM CONSTRUCTION LENDING LLC 79.82 176.37 3903 BASILICA WAY S 70 22.51.3570.04 KNOX, JERRY & NORMA 94.55 212.33 305 2ND ST E 71 45.26.0401.03 KRAH, BRIAN & TINA 55.21 129.36 3854 BRIGHAM AVE S 72 22.50.0646.01 LACASA LAVILLA 51.17 104.01 1222 4TH ST E-WASHROOM 73 22.50.0656.01 LACASA LAVILLA 173.13 437.98 1234 4TH ST E 07/28/09 - 02:25 PM -BalderaM CONTACT THE PM IN REGARDS TO THE WATER BEING TURNED OFF FOR NON PAYMENT 05/11 /09 -10:54 AM -- BalderaM PAYMENT ARRANGEMENT NOT KEPT NO ARRANGEMENTS UNTIL MAY 1-2010 04/27/09 - 02:27 PM - upsonc MADE ARRANGEMENT WITH TERRY BRADLEY WITH SIGNATURE REALESTATE-INFORMED CUSTOMER OF TERMS OF ARRANGEMENT CUSTOMER AGREED TO TERMS-ARRANGEMENT IS AS FOLLOWS 5/01/09 629.69 OR PAST DUE AMOUNT OF 448.42 74 30.74.0426.01 LACY, GLORIA 122.58 199.41 623 BARRETT ST W 75 35.64.0016.02 LAKHANI, DAVID 67.40 107.57 2033 MACKAY DR E 76 20.46.0562.03 LAMB, PATTY ~ GARCIA, FRANK 54.49 116.03 3890 PRESIDENTIAL DR E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 77 20.46.0372.03 LARSEN, PAUL 93.40 1057 CAUCUS WAY N 05/11/09 -11:02 AM -BalderaM TURNING THE WATER OFF DID NOT KEPT THE ARRANGEMENT THEY NEED TO PAY 191.59 TO RESTORE THE _ SERVICES 05/08/09 -11:36 AM -BalderaM PAUL LARSEN IS NOT ALLOWED TO MAKE AN ARRANGEMENT UNTIL MAY 5 2010 05/08/09 =11:36 AM -BalderaM TALKED TO PAUL HE BROKE THE PAYMENT ARRANGEMENT FOR 5-4-09 FOR THE AMOUNT OF 48.53 I THEN EXPLAINED TO HIM THAT AT THIS TIME WE ARE GOING TO NEED TO HAVE ALEAST THE PAST DUE 166.59 04/28/09 - 01:08 PM -BalderaM PAYMENT ARRANGEMENT WITH PAUL LARSEN PAY 48.53 ON 5-4-2009 PAY 48.54 ON 5-11-09 PUT CHECK MARK ON THE ACCOUNT 200.84 78 24.04.1636.02 LINCOLN, CHARLES 99.77 284.03 2948 WILLARD ST W 79 30.74.2628.03 LIVELY, ROBERT 100.79 281.09 301 OUTFIELD WAY S 80 30.74.3228.02 LONG, SETH 8~ KRISTIN 87.60 162.74 1024 GREENHEAD ST W RENTER PAYS TOTAL DUES + FEES '""NO ARRANGMENTS PER THE OWNER 81 46.55.0110.03 LONGSTREET, JAMES 112.72 291.36 1720 ADELAIDE DR E 82 32.32.4688.02 LOVE, SCOTT 66.77 147.39 2370 BOWSTRING ST E 07/21/09 -10:16 AM - Ireese PAYMENT ARRANGEMENT MADE: $66.77 - 7/31/09. CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 10 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance 83 24.03.0400.02 LYONS, BRADLEY & RACHEL 63.69 126.37 795 TALL PINE PL N 84 45.20.1109.03 MADSEN, ADAM JACOB 58.46 131.89 1285 IONIA ST E 11/19/08 - 01:03 PM -nicholse CUSTOMER CANCELED D/P - WILL BE BACK TO DO NEW APP NO MORE ARRANGEMENTS ALLOWED UNTIL 4/1/09--CUSTOMER DID NOT KEEP ARRANGEMENTS--DB 4/7/08 85 22.50.2336.01 MAGNUSON, ERIC 111.41 190.45 1228 SHELLBROOK DR E 03/26/09 - 02:25 PM -BalderaM PAYMENT ARRANGEMENT KEPT WITH MAGNUSON 3 MORE ALLOWED THIS YEAR 2009 03/24/09 -12:48 PM -nicholse ARRANGEMENT FOR ERIC MAGNUSON. $83.45 DUE 3/25/09 86 25.25.9930.01 MANLEY, JUSTIN $ HEIDI 59.38, 122.58 1090 LAMBERT WAY N (CORNER) 87 24.61.0102.02 MARCHESE, ROGER 8~ ANGELA 78.54 163.55 815 CLARA AVE N 88 35.38.0503.03 MARTIN, CODEE 8 JUSTUS 67.94 140.17 3139 HUDSPETH AVE S RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM!!!!! 89 20.46.0316.03 MARTIN, GREGORY R & JEAN M 56.64 129.71 3686 EISENHOWER DR E RENTER PAYS TOTAL DUES + FEES 90 20.46.0864.04 MASON, DANIEL 8~ JENNIE 54.29 119.15 3590 FLORENCE DR E 91 24.03.0312.04 MATHES, CHAD 50.62 114.35 2019 SNYDER DR W 06/04/09 - 03:54 PM -BalderaM PAYMENT ARRANGEMENT KEPT TO CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 11 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance CHAD MATHES THEY ARE ALLOWED 3 MORE THIS YEAR 05/26/09 - 09:42 AM - BalderaM PAYMENT ARRANGEMENT WITH CHAD MATHES PAY 125.19 ON 5-27-09 PUT CHECK MARK ON THE ACCOUNT 92 23.01.2240.02 MAYORGA, LUIS & DAMARY 60.99 194.85 1571 IDAHO CT W 93 32.32.4168.02 McKINNEY, JACK & CINDY 100.86 161.91 1924 PEGRAM ST E 94 23.02.3892.01 McNALLEY, RUSSELL 84.85 132.88 26 WASHINGTON AVE W 95 29.07.1066.02 McVEY, DOUGLAS i~ KATHLEEN 64.22 141.55 375 MALACHITE AVE S 96 20.46.0336.02 MENDEZ, ROBERT & MELISSA 50.69 103.38 3497 CONGRESSIONAL DR E 97 21.50.0004.01 MERIDAN FOOTHILLS 113.03 266.20 2380 FRANKLIN RD E BLDG 6 98 21.50.0001.01 MERIDIAN FOOTHILLS 353.78 1,546.98 SPK -FOOTHILLS APT 99 21.50.0002.01 MERIDIAN FOOTHILLS 901.10 1,853.14 2308 FRANKLIN RD E CLUB BLDG 1 100 21.50.0008.01 MERIDIAN FOOTHILLS 154.82 340.17 2352 FRANKLIN RD E BLDG 8 101 21.50.0010.01 MERIDIAN FOOTHILLS 348.44 422.51 2344 FRANKLIN RD E BLDG 9 102 21.50.0012.01 MERIDIAN FOOTHILLS 111.88 190.93 2340 FRANKLIN RD E BLDG 11 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 12 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 103 21.50.0014.01 MERIDIAN FOOTHILLS 148.85 331.55 2336 FRANKLIN RD E BLDG 10 104 21.50.0016.01 MERIDIAN FOOTHILLS 107.25 204.21 2330 FRANKLIN RD E BLDG 5 105 21.50.0018.01 MERIDIAN FOOTHILLS 118.97 263.37 2324 FRANKLIN RD E BLDG 4 106 21.50.0020.01 MERIDIAN FOOTHILLS 104.37 188.40 2320 FRANKLIN RD E BLDG 3 107 21.50.0022.01 MERIDIAN FOOTHILLS 95.12 228.05 2314 FRANKLIN RD E BLDG 2 108 30.74.2532.02 MILLER, JERYLE 81.70 149.39 1281 KIMRA ST W 109 24.04.1330.02 MILLER, SANDY 62.62 94.08 2663 EBBTIDE ST W 110 22.51.0958.03 MURPHY, EDWARD 8 ANDERSON, Y 82.12 142.93 745 PINE AVE E RENTER PAYS TOTAL DUES + FEES 111 30.74.2432.04 MYERS, RICHARD ~ DAWN 143.84 367.19 1160 KIMRA ST W 112 45.20.0638.02 NEIWERT, ADAM 8~ NICOLE 81.75 152.58 1484 PISTIOA DR E 113 23.01.0850.01 NOLTA, IRENE 108.11 218.20 311 BROADWAY AVE W 07/10/09 - 07:38 AM -BalderaM PAYMENT ARRANGEMENT 3 MORE THIS YEAR 2009 06/23/09 - 09:10 AM -BalderaM PAYMENT ARRANGEMENT WITH IRENE NOLTA PAY 50.00 ON 6-23-09 PAY 22.75 O1V 7-8-09 PUT CHECK MARK ON THE ACCOUNT MAILED A COPY TO THE CUSTOMER CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 13 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 114 20.46.0866.01 OLIVER, KELLY 85.56 141.71 3576 FLORENCE DR E 115 20.46.0334.01 ORR, KIRT 66.57 167.25 3476 EISENHOWER DR E 116 37.72.0268.01 OWEN, KENNETH 52.92 113.97 2219 GULL COVE PL S 117 30.74.3300.05 PADGETT, SEAN 128.66 273.26 1244 GREENHEAD DR W NO ARRANGMENTS ALLOWED PER OWNER !!!!!! 118 22.50.3728.05 PRIBEK, BARBARA 59.27 165.63 975 RALSTIN PL N 119 24.04.0504.03 PRINE, KEVIN 60.05 134.87 2693 WAVE CT W 120 30.74.1046.01 PROK, TROY 63.55 151.83 30 ROSE CL 121 25.09.0028.02 QUESNELL, LESLIE HOMER 72.57 119.43 3397 ACARRERA CT W 122 30.74.3954.03 QUICK, TINA L 81.30 201.73 1404 GANDER DR W 06/04/09 - 03:40 PM -BalderaM PAYMENT ARRANGEMENT WAS NOT KEPT WITH TINA QUICK SHE PAID ON 6-3-09 SHE STATED THAT HE CAR HAD BROKEN DOWN 06/03/09 - 09:25 AM -BalderaM PAYMENT ARRANGEMENT NOT KEPT CALLED THE OWNER (QUICK) LEFT MESSAGE WITH A LADY STATED TO HER THAT I NEED TO HEAR FROM TINA QUICK BY NOON OR THE SERVICES WILL BE TURNED OFF 05/26/09 - 01:19 PM -nary] CUSTOMER (TINA) MADE ARRANGEMENTS TO PAY $78.47 6/1109 CHECKMARKED ACCT-READ CUSTOMER THE TERMS-CUSTOMER CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 14 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance AGREED--MAILED A COPY OF THE NOTICE-IF KEPT ALLOWED 3 MORE BEFORE 5/26/10 123 23.02.2110.04 RABWIN, MARCUS 71.46 144.39 223 CAMELLIA AVE RENTER PAYS TOTAL DUE + FEE 124 22.51.0890.01 RAYGOZA, IGNACIO 76.47 181.58 421 PINE AVE E 125 23.02.0100.01 READE, JOHN & DONNA 75.63 178.64 903 2ND ST W NO ARRANGEMENTS ALLOWED TIL 6/7/08 DUE TO POSTPONEMENT OF ARRANGEMENTS 6/2007. 126 35.35.1172.03 REAMS, JOEL & KIMBERLEY 58.48 122.85 2935 ZIMS AVE S 127 24.03.0330.02 REYES, MARIA & LENIN 82.69 150.20 2007 SLATON DR W NO ARRANGMENTS ALLOWED PER THE OWNER!!!!!!!!!!!!! 128 35.38.0605.02 RHODES, TIMOTHY 90.75 141.29 2371 POWDER RIVER ST E RENTER PAYS TOTAL DUES + FEES "'""`NO ARRANGEMENTS PER THE PM 129 37.37.3118.02 RICE, JAMES ~ LIZETTE 81.83 193.37 2870 DENALI WAY S 130 45.26.0702.02 RIVERA, URIEL 63.87 144.17 1293 PISA ST E 131 30.74.3536.05 RODRIQUEZ, R. & FEESE, H. 75.29 155.41 1016 MUSCOVY AVE S RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM!! 132 23.23.3446.04 RUBIO, ANGELA 59.73 150.83 991 IDAHO AVE W 07/10/09 - 07:42 AM - BalderaM PAYMENT ARRANGEMENT KEPT 3 MORE THIS YEAR 2009 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 15 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance 06/22/09 - 03:33 PM -- nicholse ARRGMT FOR ANGELA RUBIO $26.97 DUE 6/29/09 RENTER PAYS TOTAL DUE + FEE 133 20.46.0530.02 SAINSBURY, CHRIS & KIM 1201 PRINCIPLE WAY N 06/04/09 - 03:45 PM -BalderaM PAYMENT ARRANGEMENT KEPT TO CHRIS SAINSBURY THEY ARE ALLOWED 3 MORE THIS YEAR 05/26/09 - 08:40 AM - Ireese PAYMENT ARRANGEMENTS MADE: $88.30 - 5/29/09 PAYMENT ARRANGEMENT FORM MAILED TO CUSTOMER ON 5/26/09. 50.67 111.13 134 23.23.3996.02 SANTANGELO, ROBERT 8~ MICHELLE 79.83 130.86 588 8TH ST W 135 25.05.0720.02 SANTOS, WILLIE ~ MARIE 81.71 264.75 3508 FIR CREEK CT W RENTER PAYS TOTAL DUE + FEE-NO ARRANGEMENTS ALLOWED PER THE LANDLORDS 136 30.74.2846.02 SCHROEDER, PHILLIP ~ MARGORIE 479 SPOONBILL AVE S 07/09/09 -12:21 PM -BalderaM PAYMENT ARRANGEMENT KEPT 3 MORE THIS YEAR 2009 06/23/09 - 08:09 AM - upsonc ARRAGEMENT WITH PHILLIP SHROEDER 6/26!09 65.00 INFORMED CUSTOMER OF TERMS OF AGGREEMENT-CUSTOMER AGREED 62.13 124.46 CUSTOMER ACCT CLOSED, DO NOT ACCEPT A CHECK CASH ONLY UNTIL 9-1-2009 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 16 Standard Payment Customers Jul 28, 2009 03:57pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 137 24.04.1618.03 SHIMEL, RYAN & SARAH 104.95 291.86 2724 WILLARD ST W 138 35.35.0258.03 SHORES, DAVID 8 CARRIE 54.35 120.15 2346 GREEN CANYON DR E 139 37.50.0228.02 SILSBY, LAURA 72.54 207.85 2828 ALFANI WAY S 140 22.51.4034.02 SKINNER, KEN 93.58 139.31 34 ADA ST E 141 25.25.1058.04 SMITH, DAVID &ANITA 72.85 160.37 4749 BLUE CREEK CT W 06/11 /09 -10:52 AM -BalderaM PAYMENT ARRANGEMENT WITH ANITA SMITH KEPT 2 MORE THIS YEAR 2009 ANITA MADE ARRANGEMENTS FOR $55.06 DUE BY 06/02/2009 CHECKMARKED ACCOUNT 03/31 /09 -10:09 AM -BalderaM PAYMENT ARRANGEMENT KEPT WITH ANITA SMITH 3 MORE ARRANGEMENTS ALLOWED THIS YEAR 2009 03/27/09 - 02:15 PM - nicholse ARRANGEMENT KEPT. $64.52 OF THE $128.84 IS NOT DELINQUENT. ANITA PAID $65.00 03/13/09 -11:13 AM - upsonc MADE PAYMENT ARRGMT WITH ANITA SMITH-- 3/27/09 THE AMOUNT OF 128.84 -EXPLAINED THE TERMS OF ARGMNT WITH CUSTOMERANITY-CUSTOMER AGREED TO TERMS-CHECKED MARKED ACCTOUNT 142 24.04.2220.02 STEFANI, BRIAN 8 REBECCA 59.16 231.69 1835 SUNNY SLOPE DR W 143 23.02.5490.01 STEVENS, JEFFREY & BARBARA 68.29 176.66 1515 MAPLE AVE CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 17 Standard Payment Customers Jul 28, 2009 03:58pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 144 30.74.2664.02 STON, JOE 63.01 153.18 430 OUTFIELD WAY S 145 22.05.0004.01 STRICKLAND PROPERTIES LLC 145.52 392.74 1220 MERIDIAN RD N 146 29.07.0770.04 SUTTON, JASON 71.56 136.19 525 LODESTONE AVE S RENTER PAYS TOTAL DUE + FEE 147 24.03.0828.03 SWENSON, WILLIAM & NANCY 67.57 126.46 2429 SNYDER ST W 148 35.65.0230.02 TANNER, BRENDA 51.75 179.23 2429 RIVER DOWNS PL S 149 23.02.1190.01 TERRELL, A 84.84 169.19 13241ST ST W 150 22.50.0680.01 TRUST, LINDA HOOVER 59.40 199.84 1320 4TH ST E 151 46.46.6206.04 TUELLER, JOSEPH & ALISA 62.65 134.56 2882 HERO DR E 152 23.02.4550.01 VINCENT, TOMMY ~ MARY 117.16 212.31 1329 13TH AVE W 153 25.25.0156.02 WAGNER, JARAN & GREG 70.26 153.82 3315 WAVE DR W RENTER PAYS TOTAL DUES + FEES *'"`'NO ARRANGEMENTS FOR THE RENTERS PER THE PMi!! 154 37.72.0246.02 WALLACE, BOW & GUNTER, MADISON 57.41 148.39 2218 COVEY AVE S RENTER PAYS TOTAL DUES + FEES '~*'"`NO ARRANGEMENTS PER THE PM 155 22.50.2178.02 WARD, LEE 69.89 151.23 1203 STONEHENGE WAY N 156 22.50.1920.06 WASHBURN, MICHAEL ~ JILL 241.06 303.59 1535 PENRITH PL N 157 22.50.4550.03 WEBB, ASHLEE 91.77 165.11 312 PINE AVE E 158 23.02.0412.03 WERNER, GERALD 53.52 '187.34 669 CRITERION ST W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 18 Standard Payment Customers Jul 28, 2009 03:58pm Current Period: 08/05/2009 -Transactions Included Through: 08/05/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 159 22.50.2418.02 WHITEHEAD, CODY 1383 DRUCKER ST E NO ARRANGEMENTS FOR RENTER AS PER OWNER 160 37.72.0110.02 WILCOX, JEANNA 1975 GULL COVE PL S Past Due Balance 57.90 130.57 93.13 227.59 161 24.03.0316.02 WILSON, RUSSELL 75.28 162.59 1998 SNYDER DR W 162 25.25.1040.03 WOLDEGABREAL, LULU 100.24 185.25 1350 WALES AVE W (CORNER) 163 45.20.0309.02 WOLFE, ASHLEY 88.73 161.42 3336 MURLO WAY S RENTER PAYS TOTAL DUE + FEE Grand Totals: 163 Customers Listed 15,127.42 33,578.53 Report Criteria: Terminated customers not included Customer.Cust No () _ {<}6600000001 Customer.Bill Cycle = 1 Customer.Customer Type = {not like} BANKRUPTCY% Customer.Shut off list =False Customer.Vacant =False Customer.Ext Agreements =False