Loading...
HomeMy WebLinkAbout1999 Police DepartmentCITY OF MERIDIAN Payee ~ Vendor ID D 1~R 00 RES 314 421-9512/ DIAN, IDAHO MONEY FOR PROPERTY (HE... C ~/ Totm.I No. 38775 387?5 o~/i~/2oo0 $0.00 $5,000.00 $0.40 $5,000_00 F>S ~ ~[TY RAN T : QF~MERtD1AN ; L ~ueclT,roF . ti qg F ~~ , . om, ~ ^ x~ ~~`33 E Idaho Ave. ••(208) 888-4433 ~ TREASURE VALLEY ARIAERS RCHANTS 92-151 STATE BANK ~ ?~aa.~ ~ ~- ~ ;Meridian Idaho 83642 `., ~4'~`~ 1241 MERIDIAN, IDAHO ~ , ~~' ~~` `~f '~,A food Place to Live ~ ~ r ~~ ° ~ .~ , ~ ~ l ~ ( ~ ~ C.~~ ~~~ -(~ , ~ S ~ ~ ` g r~ {'„~~. 1 ° j ~ 7 7 3 V I I 5 -4 I a r.D /100 Llollara ' $i11 r ~+ h r „ -0ATE AMOUNT ~ i 1~ ~~ i ~ Y 1} ' ~.~ -~ D4/lil./2000 ~~~"~"~ ~,~.Xt~~ ~~ '~s'~'~ r - , $5, 000 _ 00 V :L ~~~ jzx x ~ i~ ~' v~~ ~ - ~ „ ~~ u n OND PROPERTIES ' ~;:"CITY-CLERK t A E ~- ~r kL _E~T3iTE.;'R'~tUS't';ACCT ~,: , ~- ,~ ; ' ' ~' 'MAYOR "~ ,~g D1~ _TdE$ PSZIEUI $JY • .., . C SOIBE, A ~ ~3704 3, j <<,TREA6URER y, ~ a r 11'0 38 7 Z 511' ~: 1 2 4 10 15 L 3~: 5000 4 708 1' i d I cr N• ~ I cn rt o i o 0 0 o I o o I o i* ~ ~ T ' 1 ~ ~ ~ n H fD f]. N ~ f.. , 17 O I O O O O i O O I O i O ~ ~ ro ro ~ m 0 o m m o o ~ i i w m o o O ~ r a N N N W W H d r w K C [+7 z O _ ; . _,. .~ ~. _... - . -w.H ~ -,.o... _ .. :~ ... ~:~:~; ,~' CITY OF MERIDIAN THIS NUMBER MUST APPEAR IN pIJRCHASE ALL CORRESPONDENCE. INVOICES. 33 E. Idaho AV@. SHIPPING PAPERS AND PACKAGES. ORDER MERIDIAN,: IDAHO 83642 i PH: 8$8-4433 FAX: 887-4813 "` 9 ~ '~ c~t~~on~. ~t~ p.~.~~~~~ ~'~( ` S` 7 MS TE EXPENSE # DATE ORDERED ~^~ •+" r Q!/ DATE WANTED INVOICE # R PLEASE ENTER OUR ORDER FOR THE FOLLOWING - TO BE SHIPPED AS DIRECTED. OTY. ORDEREO DESCRIPTION UNIT PRICE AMOUNT I I Qs ,2~1~~~ ~3/~- I ~ ' .; 000. ?.~- I I I I I I I 1 I I I I I I I I CONDITIONS GOODS ARE SUBJECT TO OUR'INSPECTION AND APPROVAL. IF SHIPMENT WILL BE DELAYED FOR ANY REASON, ADVISE US STATING ALL THE NECESSARY FACTS. IMMEDIATELY ~ ,g t- ,,, y _ 7 4F/.~!/w`1 ` ` p , TO AVOID ERRORS. NOTE SPECIFICATIONS CAREFULLY AND IF UN- ABLE TO COMPLETE ORDERS AS WRITTEN NOTIFY US PROMPTLY. PURCHASING AGENT interoffice M E M O R A N D U M To: William G. Berg, Jr. 5;~~ , From: Marlene St. George) ~ ,~' Subject: Police Property Resolution Date: March 24, 2000 Will: ~~_ ~ ~, __ __ MAR 2 ZOQO _.,, ; Please find attached the revised, original Resolution on the above matter pursuant to the City Council meeting of March 21, 2000. I believe this matter is coming up at the workshop to be held next Tuesday, March 28`'' for discussion. If you need anything further please advise. Z:AWodc\M\Meridian 15360M~Police DeptWew Police Station Property~Berg032300.Mem i~/~ ~~~ f2Pl~~ C~i~ Ey/Z:AWorldM\Meridian 15360M\Police DeptWew Police Station Property\Berg032300.Mem RESOLUTION NO. A RESOLUTION AMENDING RESOLUTIONS NO. 277AND 286 APPERTAINING TO THE "COMMERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #5 7176" CITY OF MERIDIAN BUYER, HOWELL-MURDOCH DEVELOPMENT CORPORATION, AN IDAHO CORPORATION SELLER, DIAMOND PROPERTIES, DAVE WILLIAMS SELLING AGENT. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN: SECTION 1: FINDINGS: WHEREAS, the City Council authorized in Resolution No. 277 the Mayor and Clerlc to enter into and on behalf of the City of Meridian that certain agreement for the purchase of a 10 acre site of bare ground for the intended use by the City for a new police station, and other public use, from Howell-Murdoch Development Corporation, an Idaho Corporation owner, entitled "Commercial/Investment Real Estate Purchase and Sale Agreement ID #57176" in accordance with the terms and conditions which are stated therein; and WHEREAS, Resolution No. 286 amended the terms of Resolution No. 277; and WHEREAS, after the submission of the "Commercial/Investment Real Estate Purchase and Sale Agreement ID #57176" the owner proposed additional terms and conditions entitled "Development Agreement Addendum To Purchase and Sale Agreement #57176" [hereinafter referred to for convenience as "Development Addendum"] to which the Council must respond; and WHEREAS, the Council has been duly advised by its Police Chief, Public Works Department and City Attorney's office regarding the advisability of proposed terms and conditions of the "Development Agreement Addendum To Purchase and Sale Agreement #57176" [hereinafter referred to for convenience as "Purchase and Sale Agreement"]; and WHEREAS, it has been recommended by the Public Worlcs Department, the City Attorney and other staff, as well as the Mayor and Council, that a Level One RESOLUTION AMENDING RESOLUTION #277 -PAGE 1 OF 4 Environmental Assessment be obtained at a cost of approximately $1,400.00 by the Council's determination; and WHEREAS, the Land Use Concerns are as follows: 1. The property has not been subdivided and cannot be sold under the City's or County's Subdivision Ordinance. 2. There is no public road access to the property. The subdivision to the west has been approved by City Council for final plat engineering approval. The plat is not yet recorded and no road or utilities have been installed. 3. Property is currently zoned RT County and cannot be developed for police station use under current zoning. 4. Property will have to be annexed and zoned. Zone options are considering the proposed use under Meridian zoning law and is a "Public SL Quasi-Public Use as a permitted use in L-O zone and a Conditional Use Permit in a R-8 zone. 5. Comprehensive Plan Generalized Land Use Map designates the subject parcel as "Single-Family Residential". Comprehensive Plan amendment recommendations from Planning and Zoning can only occur every 6 months. Expense Concerns are as follows: Who pays for the Level One Environmental Assessment? 2. Who will pay for infrastructure improvements required for site development? WHEREAS, the Council finds that it is in the best interest of the City to make a counter proposal in order to address the concerns of the Mayor and Council and to assure that the property will be useable for the intended purposes and to respond to the "Development Addendum". NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: RESOLUTION AMENDING RESOLUTION #277 -PAGE 2 OF 4 1. The Mayor an Clerlc are hereby authorized to offer and enter into on behalf of the City of Meridian a counter proposal to the "Development Addendum" as follows: A. That the City reaffirm its offer and signing of the "Purchase and Sale Agreement" and terms of City Resolution #277 and in addition and as a condition thereof; and B. This transaction shall close on or about May 1, 2000, subject to the following conditions of closing: The City and the Seller shall obtain a Level One Environmental Assessment, with each party to pay one-half of the cost; and 2. Seller make application and obtain the annexation and zoning of subject parcel as a City of Meridian R-8 Zone. [The Council does not herein express an opinion about the advisability of such a zoning designation, and expressly reserves judgment of the same until the completion of the public hearing process associated therewith.] 3. Seller, at Seller's expense, after annexation and zoning shall make application and obtain approval of an administrative lot split which split will show dedication of the northern 29' of the parcel for roadway and utilities. The lot split shall also show and dedicate a roadway of sufficient width and length to satisfy the frontage requirements for an administrative lot split. 4. Seller agrees to complete infrastructure improvements of Dee Jay Subdivision to the west of the subject property which shall include construction of a public road, sewer, water, power, cable, gas and telephone to the subject property and stub in cul-de-sac as access to the subject property within 1 year of the date of closing at Seller's expense. 5. Seller agrees to construct within eighteen (18) months of the closing necessary roadway and infrastructure RESOLUTION AMENDING RESOLUTION #277 -PAGE 3 OF 4 improvements which shall be placed partially within the dedicated northern 29' of the subject property as referenced in part B. 2. herein, along the entire northern length thereof [approximately 1,013 feet] with part of said infrastructure to be placed upon the property adjacent and to the north as required by the Ada County Highway District and the City of Meridian. The infrastructure shall include, but is not limited to the construction of a road, curbs, gutters, sidewalks, sewer, water, power, cable, gas and telephone. The Seller shall install whatever stub outs and curb cuts the City may require for the City's parcel and at the locations which are determined by the City. All plans and specifications for the infrastructure shall be first approved by the City of Meridian. The City shall agree to then pay to Seller for one half (i/z) of the actual cost thereof, an amount not greater than One Hundred Fifty Two Thousand and No/100ths Dollars ($152,000.00) within 30 days of the final completion of the roadway and infrastructure as herein provided for. 6. The City Treasurer is authorized, upon full acceptance of the offer to purchase by both parties, to draw a check on the City treasury in the sum of Five Thousand and No/100ths Dollars ($5,000.00) for delivery to Diamond Realty as earnest money, to be deposited to the appropriate trust account. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. ATTEST: Mayor Robert D. Corrie City Clerk ms~Z:\Worlc\M\Meridian 15360M\Police DeptWew Police Station Property\AmendRes277.Res RESOLUTION AMENDING RESOLUTION #277 -PAGE 4 OF 4 ADDENDUM TO PURCHASE AND SALE AGREEMENT #57176 BUYER: City of Meridian (hereafter "City" or "Buyer". SELLER: Howell-Murdoch Development Corporation, an Idaho Corporation ("Seller"). WITNESSETH For good and valuable consideration, .the receipt of which is hereby acknowledged, it is understood and agreed between the parties as follows: 1 . Addendum: This Addendum is to that Purchase and Sale Agreement #57176 ("Purchase Agreement") which was approved by the Buyer in City Council Resolution 277 on the 7t'' day of December, 1999, and executed by the Buyer on the 14t'' day of December, 1999. Seller's signature of this Addendum is Seller's acceptance of that original Purchase Agreement as modified by this Addendum and this Addendum shall be affixed to that Purchase Agreement and both documents shall be construed as one document. In the event of a conflict between this Addendum and the Purchase Agreement, this Addendum shall control. 2. Addendum Effective Date: This Addendum to the Purchase Agreement (and the Purchase Agreement) shall become effective on the date both parties have signed this Addendum. 3. Survey: The property has been surveyed and the cost of that survey will be paid by the Seller. The legal description of the 10 acre parcel being purchased is attached hereto as Exhibit A. 4. Administrative Lot Split: At the present time, the Seller's 20 acre parcel adjacent to Dee Jay subdivision which contains the 10 acre parcel to be purchased in the Purchase Agreement is not yet annexed, zoned or subdivided. Seller agrees to diligently pursue the application and approval of the annexation of the Seller's 20 acres and a re-zone to R8. ADDENDUM PURCHASE AND SALE (MERIDIAN---HOWELL-MURDOCH)~s-20-o0~ Page 1 of U, h It is also understood and agreed that the Seller will, after the signing of this Addendum, begin the process to apply to the City for an administrative lot split of the 10 acre parcel being purchased. It is agreed that this application will be lodged with the City and the City agrees to accept it as filed once the annexation of the 20 acre parcel is approved. Each party agrees to diligently pursue and review the completion of the annexation and re-zone to R8 as quickly as allowed by the ordinances of the City. 5. Closing: The closing of this sale shall be May 1, 2000 or within 10 business days of the City approval of the annexation and R8 re-zone, and City approval of administrative lot split, whichever date is latest. In any event the closing shall be no later than the 15t'' day of May, 2000. The possession and pro-ration date shall be as of the date of closing. 6. Platting of Seller's Other Property' Dedication of Public Roadway: It is agreed that Seller, at Seller's expense, shall plat the remainder of the Seller's 20 acre parcel within 18 months of the closing of the purchase of the 10 acres. Seller's plat shall include a dedication of a public roadway on the southern 29 feet of the Seller's other property adjacent to the City 10 acre parcel and the northern 29 feet of the City 10 acres. The City shall join in that plat, and agrees to execute such other documents as necessary for the dedication of that public roadway. (Upon dedication this public roadway will be owned and maintained by ACHD.) Seller agrees that the Seller shall consult with and keep the engineer for the City of Meridian advised on the creation and progress of the plat and the dedication of this public roadway. 7. Construction of Public Roadway and Infrastructure• Temporary Gravel Turn-Around. Within 30 days of the closing of the sale of the 10 acre parcel or within 30 days of the completion of E. Water Tower Street to the western boundary of the 10 acre parcel (whichever is later) , it is agreed that Seller will construct a temporary gravel turn-around at the end of E. Water Tower Street. This temporary turn-around is roughly depicted on the Conceptual Site Plan attached as Exhibit B. Within 18 months of the date of closing, Seller agrees to complete the construction of the roadway, utilities and other infrastructure (including the two curb-cuts) at least along the entire length of the City 10 acre parcel. This ADDENDUM PURCHASE AND SALE (MERIDIAN---HOWELL-MURDOCH)~a-20-o0~ Page 2 of 4 03/21/2000 17:49 208-377-2427 JWK PAGE 01 construction and infrastructure shall include construction of the road, curbs, gutters, sidewalks, sewer, water, power, cable, gas and telephone. 7.1 Curb-Cuts: Stub-Outs Attached hereto is a Conceptual Site Plan of the new Police Station far the City of Meridian. Two curb-cuts {labeled curb- cut #1 and curb-cut #2) are indicated on that Site Plan. Seller agrees to construct these two curb-cuts in the locations indicated on that plan. Seller also agrees to construct the utility stub-outs to the City 10 acre property line at the location identified as "curb-cut #1 " on the Conceptual Site Plan. The precise location and measurements and specifications for these two curb-cuts shall be supplied to the Seller by the City Engineer. 7.2 Plans and S ecifications it A royal: All plans and specifications for construction contemplated in this Agreement shall be first approved by the City and the roadway shall be constructed to ACRD specifications. 7.3 Costs: All of the costs of the roadway, temporary gravel turn- around, utilities and infrastructure along. the 1,010 feet of the City10 acre parcel shat! be paid 1 /2 by the Seller and 1 /2 by the City. (If Seller extends any of these items beyond the City 10 acre parcel then the additional costs of these extensions shall be paid solely by Seller.) Attached hereto as Exhibit C is an estimate of the costs of the construction, (if such construction was done today), prepared by JUB Engineering. According to this estimate the City's 1l2 share would be approximately ~ 160,000 excluding contingencies {plus 112 of the costs of the gravel turn-around). Seller, however, cannot guarantee these costs at the actual time of the construction. Seller agrees, however, that the costs that the City will pay will be for 1 /2 of the actual costs paid by the Seller to get the work done and Seller will not add any amounts for Seller's profit, overhead or Seller's construction management. 7.4 Citv Payment: The City shall make payment to the Seller for its share of the costs within 30 days of the final completion of the roadway and infrastructure along the City 10 acre parcel. 7.5 Com letion of Dee-Ja Subdivision: Seller owns Dee Jay Page 3 of 4 Subdivision to the west of the 10 acre parcel. Seller, at Seller's expense agrees to complete all of the required roadway and infrastructure improvements to that subdivision within one year of the execution of this Addendum. 8. Additional Terms: The only additional terms in Paragraph 8 of the original Purchase and Sale Agreement are now as follows: 8.1 Environmental Site Assessment: The City may at its own expense, obtain any environmental site assessments of the 10 acre parcel that the City may desire. City is given full access to the property to perform any and all tests that the City may require. City agrees to indemnify and hold Seller harmless from any and all actions, loss, injury or damage which may be caused by or related to the testing and inspections performed by the City or its employees or agents. City agrees to repair any of the Sellers property damaged by such testing. 9. Successors and Assigns: This Addendum shall inure to the benefit of, and be binding upon, the respective successors, assigns, heirs, devisees and personal representatives of the parties hereto. Dated this day of , 2000. Mayor, City of Meridian Attest: City Clerk for Meridian Howell-Murdoch Development Corporation By~ Kevi Howell President. ADDENDUM PURCHASE AND SALE (MERIDIAN---HOWELL-MURDOCH)~s-20-o0~ Page 4 of 4 PARCEL B LEGAL DESCRIPTION March 21, 2000 A parcel of land located in the North % of the Southeast '/4 of the Northeast '/4 of Section 18, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of Said Section 18, said corner being common to Sections 7, 8, 17 and 18 of said Township and Range, thence South 00°31' 15" West a distance of 1991.18 feet along the easterly line of the Northeast '/4 of said Section 18 to a point on the southerly line of the North %Z of the Southeast '/4 of the Northeast '/a of said Section 18; thence South 89°36'01" West 316.37 feet along said southerly line to the TRUE POINT OF BEGINNING; thence South 89°36'01" West a distance of 1009.82 feet along said southerly line to the southwest corner of the North '/2 of the Southeast '/4 of the Northeast '/4 of said Section 18; thence North 00°29'35" East a distance of 431.91 feet along the westerly line of said North % of the Southeast '/, of the Northeast '/4 of said Section 18; thence leaving said westerly line, North 89°39'40" East a distance of 1010.01 feet; thence South 00°31' 15" a distance of 430.84 feet and parallel with the easterly line of the North''/2 of-the Southeast'/4 of the Northeast'/4 of said Section 18 to the POINT OF BEGINNING, said point being on the southerly line of the North '/Z of the Southeast '/4 of the Northeast '/4 of said Section 18. Subject to an easement for roadway purposes, located along the north 29.00 feet of the above described parcel. Said parcel of land contains 10.00 acres more or less. ~~~ p.~~~ ~ ~ i ~- ~ ~~I~~ I~~. i e A ~ I <~~ I I <p~ 1 `s I I' 1 °' O t aa ~ ~ ~Q r G'g E~ ~ I1 1 W L k ~ 1 ~~-cs+4"v- ~~ _ 1 <o p l ~1 p <o~ -AC 1 ~ ~- ~ ~~ ~~ ~ ~~ 1 ~ ~ 1 1~1 ~ ~ I ~ ~ ~~L 1~ O S ~ ' ~ 1 -u Z I 1 ~ _ _ _ ~ 00'?9'JS' f 665.99' N 0079'JS" E IJJ1 t1' 5 0079'JS" W 683.99' I 4J1.91' 2JA.09' I I 1 I I 1 I 1 I I I _~I I I I ~, 1 I ICI o~" '+ I °0 1 I ICI ~~ 1 0 0 1~ n~ c I~ I ~ 1^ 2 ~,J vl 1 I ~° ' - J I~ ~ ~~I2 ,nA^N I o z~ a (~ I~Ie "~n 1 ~o ~ f to ~ I~lo ~~ ~ I np ~ I - lo ~ IAI^+ ~ ~ I o2 ~ Nlb 'ylO ~Tl IZ O~n e N I 1`- of ~I Ie slc' ~ ~i l r 1 1 ~ v '~° ~ U~ ~ O d l ~ 11 o c., m "1 C7 ~ ~e,Q~- 8a g n P.~>~>.~~ 1 l a, o A~ O 1 yA C> N ~ T ~NN ~ ~ O 1 ~ ~1~ ~G~ 1..~ R~~ b~ ~ ~ ~°~ ~ nl ~ i 1 ~ ~~ rozz~ C~ ~~~ a b ~ ~` ~ ~ I ~ i og~~ r p " N~~ ~~ i ~ i t n I 8~~g b ~~ ~ ~ I~ ~ ~_ ~' I ~ 6 z g y n (7 e'=In O I~A' I 1 1 I ~2p O ~i is 1 C ~1 z ~$ S 00:71'13' W tJ_0.8A' __ I - --- 1 Z A ~~pvr O 1jK4 i` r, A ~i~~ ~ ' I I ~` 1 ~ 1 ~ 1 ~ ~ ~ z ~ E ti ~ v I ~ ~N. I ~ ~ I ~ I 1 1 1 s 0071YD" IY EEtE~' _ _ _ 5 00'Jf'15" W 661.66' i ~ -- - - ~ _ . ?5.00 _ _ _ _ _ _ - _N 00'JI_~IS- E 1l: R.SS' ~Ti - - ?5.00_ z ~ S. LOCUST GROVE ROAD -~ Q - .~~~~ o ~, ~ R r0 ~ ~~. r~+~vyw~wl iwu.vusow~wy~~~u.M w rx w ~awv er w b o ~ ~ ~• ro ~, ' b~ . ~ n 1 ~. b ~ 4~:- .I ~ I f I i ( l ~ ~~ i ~ = ? m ~. ~ ~~ ~ a ~, i ~ , ~ ~ ~, 1 r' ~ f , d ~1~ y o ~~ ~ ~~ ,, ~~ ~ y-- ~ ~ ~ , I r ~~ ~ d~ I I ~~ i ~_: ~ ~ .,~\ ~_ ~ ~~ ~ - I ~ ~~ i _ i I ~ I ~. ~~ N ~i`` ~ it = rJ~Vi EN61NEt.RS OPINION OF PROBABLE; CO STRtlCTION COST PROJECT: STRATFORD BUStNF~S PARK WATERTOWER ROAD EXTENTION DATE: March t5, 2000 PROJECT NO.: 11643 PREPARED E3Y: GARY A. LEE P_E. LS_ THE QUANTITY ESTIMATES AND UN1T COSTS SHOWN HEREIN ARE ARE OF PRELIMINARY NATURE ANO MAY NOT REFLECT THE FINAL SCOPE OF WORK REQUIRED TO CONSTRUCT TH13 STREET EXTENSION. THE USER OF THIS DOCUMENT SHOULD EXERCISE CARE tN THE U3E OF THE FOLLOWING FIGURES_ J-U-B ENGINF~RS, tnG and GARY A, LEE, Project Manager. SHALL BE HELD HARMLESS t3YANYONE USING THIS INFORMATION FOR WHATEVER PURPOSE. IT'Eal DESCR~TION SANITARY SEWER: UNIT UAN. UNIT COST TOTAL 8" Sewer Frge S Trench 1.010 ff 14.30 514,443 Standard I~nhote 2 ea 1,650.00 3,300 Service Connexions 1 ea 185.00 165 4" Sewer Service Line 60 If 13.20 7g2 Ertgineas Opinion of Probable Sewer Conatrr+ction Cosh: 518,700 DOlII~STIC WATER: ' t0"1NaterPgve&Tren~ 1,010 ff 2200 ~,u0 Control Valves w/boxes 6 ea 550.00 3,300 Fire Hydrant 2 ea 1,650.00 3,300 Service Connections 1 ea 165.00 165 6" Water Service line 60 If 18.70 1.122 Engineers Opinion of Domestic Water Constn~tion Costs: 530,107 STREtET CONSTRUCTION: 1010 LF General Site Clearing 1 is 5,500,00 $5 500 Roadway 6ccavation 5,611 sY 1.10 , 6 172 VeRiral Curti 8 Gutter 2020 Ef 6.27 , 12 665 Street Barricade 1 ea 275.00 , Z75 5' Conc. Sidewalk - 4" Tfiidc ' 2020 If 7.43 14 999 20 wide ConaDriveway Approaches 70 sY " 33.00 . 2 310 19 Gravel Base -Pit Run " 404o sy x.79 , 19 331 4 Gravel Base - 3ra" Minus " 4938 sy 2.20 , 10 863 3 Asphalt Mat, Road 4040 sy 5.94 . 23.898 Engineers Opinion of Probable Roadway Construction Costs: Estiaraced Stseec CosL.xls 596,113 } 11~~ pv ~ ~./ V I ` r Sheet 2~ o° 2 1:00/Z00(~3J 3SIOS '9.~3 S-A-P BCf6 fZf 80Z$ 1'O~BT 00/Tc;£0 STORdI DRAINAGE 80 ff 12" PvC Storm Drain Piping 16.50 ~ ~ 1.320 12.100 Subsurface Seepage Beds 200 ff , 00 435 1,980 4 ea Standard Cebch Basrc~ . 650 1 3.300 1,000 ga{. sandlgrease trap 2 ea _ . 650 00 1 1.650 1 ea Standard Manhole 1 ea . . 1.850.00 1 ~8`-~ T®mporary Stonn Grain Pond Engineers Opinion of Storrrt Drainage Coastruction Costs: S22,oo0 UT1LIi7ES Underground Electrical 1.010 tf 45.74 46.200 Joert Utilities Trencheg 1.011) ff 13.07 13.200 Engineers Opinion of Utility Construction Costs: S59rt00 PRESSURE IRWGATION 6" PVP Piping 1.270 0 14.30 18,161 6" Gate Valve 3 ea 275.00 825 PI Drain Box 1 ea 550-00 550 Engineers Opinion of Pressure Irrigation Construction Costs: 519,536 ~eVmr giRIGATION 4tT Rcp Pips 120 ff 220.OD 26.400 18" PVC ~ 80 If 19.80 1.584 12" PVP Pipe 1i0 ff 16.50 1,815 Conaeie Headwalls 2 ea 2.750.00 5.500 Standard Irrigation Manhole d ea 1,650.00 6,600 Eng~ers Opinion ofi Probable brig. Cost CaslS: 541,899 sTREEr uGHT1NG: City Standard Street Lights 2 ea 1,650.00 53.300 EngMeers Opinion of Probable Street Ligfiting Casts: 53,300 SUBTOTAL CONSTRUCTION: 5291,055 ENGINEERING FEES: pevelopement Plans 1096 of EstimaDed ConstruGion Cost $29,106 ENGINEERS OPINION OF CONSTRUCTION COSTS: SUBTOTAL PROJECT CONTMGENt:Y,10%; Estimated Street cosc.xls 5320,161 $32,016 PROJECT TOTAL $352,177 '(~ C d~~ L~~ Sheet 2 of 2 L'UO/LOOK] 3SIOS 'JI3 S-R-t 9fft3 CAL 802$ f'0=8T 00/Tv%CO A' k ti.e. t ~ ~ ~~ e • ~ae<.~ep -4 :,~~ ~_ March 15, 2000 ~~; , `Mayor Robert Come `~ 33 E. fdaho St. : ~ .Meridian,- ID 83642 1~IdIQI~TrIK 30 ~.tIO 'SUi.~~v :'illll®yy3~lAI LL~L i ~ aY~ ~~~~~~~~ ~- ~_. __ _~~ = Re: "'~ MERIDIAN POLICE DEPARTMENT -NEW FACILITY - ,,.~LCA No. 99079.01 0-a '` .Dear Mayor: ~$ ~ , : - =:On behalf of Lombard-Conrad Architects, I would like to thank you and the City Council for allowing us the ,' _; ' - ~ opportunity to be involved with the proposed Meridian Police Department Facility. t ~:;:.:~ w ~ ~:~.~e .a -It is quite refreshing to see genuinely concerned and caring citizens taking part in the early planning phase 'i~ :'~" °-of this project, and I am sure the committee will continue to work diligently to assist the design team in i~~ ~ ~.°delivering a quality cost effective facility. {{tt- ,~ ih ~ ~ n '~: ~ s~:-As requested by Chief Gordon, I have attached a proposal for Design Services for the new Police ~`: p rtment Project. I think you will find the fees in line with our original proposal sent to Chief Gordon last .h~ `Mall. If you and the Council find it acceptable, I will prepare a contract for ou and our staff to review. ~, ,~. ,r._ Y Y ~f ~ i r ~=Please don't hesitate to call with any questions you may have regarding our proposal. ~.~ "~ ' ~: ~. ~ ~=~° "OMBARD-CONRAD ARCHITECTS, PA ~~ ~~ ~,~ ,~ , '- ~ 'a: ~.~2.. P.:~: V *~K ~ Steve. M: Simmons, AIA y _ .; ~ ~ ~' President ~ ~ :cc: .:Chief Bill Gordon H° ~ ~~ Russ Moorhead h~eis o1110nx~neM98079-011Aeridem Pa6ce Dept 031500 SMSdLwpd t:.-~ ~t - n: ~~.~~ ;• £r ~~ , ~''F~ %': f~-~.'oNRAD, ARCHITECTS, P.A. • 1221 SHORELINE LANE, BOISE, IDAHO 83702-8880 • (208) 345-6677 • FAX (208) 344-9002 Since 1972 F 1V -~ . F' ~ - °•-.IOMBARD-CONR~ '~` ~~ - t : ~. Y y'T ~' = MERIDIAN POLICE DEPARTMENT FACILITY °~.~~~~ ,°~ : ~ PROPOSAL FOR ARCHITECTURAL ~ ENGINEERING SERVICES .,. , ~~~~pr ~ LCA No. 99079.01 0-a ~ F~ {1 f `~ '~ ~ ~ ~. The following fee proposal is based on the Scope of Work necessary to produce design documents for a 38,500 sf. Police Station with associated site work and a budgeted total construction cost of $3,692,500.00 ~~~,~s,t~ _ _ ~~ , , r ~~ , ~ Basic Services (includesl~ (7% of $3,692,500 construction costs only.) ""`err.. ~~ ti , Architectural Design :.:..Structural Engineering Design $3,692,500 t~ , ~ - ,: ~Mechanica< Engineering Design X 7% ~~~~ ` ~ ' ~~ ~ ~ ~ ~ ~~:Electrical Engineering Design $ 258,475 ~~;~," ~;;~~:< ~ ~CivilEngineering Design ` ~ x¢~;~.° ~••~~~'"~~-Landscape Architectural Design t T,. pfionaf.Services: :,, ~. .. nL_ .L n _~~ nv~ic auu vain ~ ISlef~l5 UeSIQn: $ 10,000 rior Des n FF&E Packa e: ~ ~ $ 9 700 , . yard that included in basic services, (FF&E), ie., z;:fumiture•inventory, cataloging, selecting new , matenal recommendation; layout and specifications w - . ,_.,~ ~.: -- . - , emotional Artwork Recommendation and La out• y $ 2,650 .:r ,_ ~~. ptional Plantscaoing Recommendation and Layout• $ 725 k r,~ ,. ~1 h} J ~ FI'f ~ ?:~.'k r s c,...{~-. w r; qyyq~~~!.`~ 9~ ~ M .f 4t ~b. p ~ "~y~ ,.gb` t ~ nr J~.t @ ka, ~i Y ~ - y 1- } j ~2 ~ -~Y .S ~~ ~ ~ .5 r - ~ , k r'~' 7 . „1 N~ r - ~ 7 9y. ,l`> - +~_~`jc _~. ... ~l.~1 ".. PA Yn•w6 , a ~nnn rw.r.. m~O1G1~ 1 __ PaY°e ~t 031500 SMSdtwpd Page 2 of 2 LCA NQ 99079.01 _._ ~.. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless January 20, 2000 HUR ©F TREASURE VALLEY AGood Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Dave Williams Diamond Properties 4124 N. Westview Way Boise, ID 83704 Re: Commercial/investment Reat Estate Purchase and Sale Agreement ID # 57176 Dear Mr. Williams, LEGAL DEPARTMENT (208) 288-2499 • Fax 288-3J01 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-221 I • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 Please find enclosed the City of Meridian's Certificate of the Clerk for City Council Resolution No. 286 as well as a copy of the Resolution. As you will note, this is the City's counter offer to the Seller for "Commercial/Investment Real Estate Purchase and Saie Agreement ID #57176." The history of the transaction is set forth in Section 1 of the Resolution and the City's offer is set forth at Pages 3 and 4 as indicated on the face of the document. Please communicate this to the Seller and advise of their response. The City is prepared to move forward on this purchase subject to those terms and conditions. Sincerely, /~~ William G. Berg, Jr. City Clerk seu enc. WHITE, PETERSON, PRUSS, MORROW & GIGRRY, P, A. ATTORNEYS A7 LAW JvuA K[.s[N Frsc:xrA Pxnv A. PATasoN 200 fA9T C.AALTON AVENUE. SUITE 31 NAbfPA OffiCE WH. F. LLOAwr, III StenreN L. PRUSS POST OFFICE BOX 1150 104 NINTH AVENUE. SAUTE &texr JoxNUVr~ FAII: S. Acicswwn MEAlDlAN, IDAHO 836d0.1150 PUJT C[FFICE mx 247 P. SwxUBL ju1iN.<[1x TuuO A. Ro55hInM TEL (208) 288.2499 NAMYn. IDANA 8]653.0247 viaLriw A. Motxar ' DAVin M. SarnAT18Y FAX (208) 288.2501 T~,L (2081 166.9272 Wutw4 i N[pwts T6AADiCE R. W[f~*a" FAX (208} 466.4405 CNR1STOrN6A S. NtE k''saaif via klomd (~_ wfKra~w}11rn y.wm •n1J0 An11nrTLp IN OA ..ALSO AnNC77E1J W WA PI.P,ASE AEPIY TU MERIDfAN OFFICE January 19, 2000 ~„ • ~ ~1., ~y Dave Williams ,, v` ' ` ~ ~ ~, Diarncind Properties ~ ~~ _ ` ~~` P =1114 N. Westview Way l Buisc, ldaho 8:37U4 Re: Cvlmjmercial/Investment Real Estate Purchase and Sale Agreement ID #57176 Dear Mr. Williams: Please find enclosed the City of Meridiarl's Certificate of the Clerk for City Council Resolution No. 28b. As you will note, this is the City's counter offer to the Seller for "Corrlrti~rdaUlnvestment Real P.state Purchase and SaleAgrPcrrterit ID #57176". T}le hiscory of t.ht' transaction is set forth in Secrtion 1 of the Resolution an~f t.ht~ City's offer is set forth at. pages 3 anti ~, as irldicaced ort t.llc face of the document. Please communicat.c this to the Seller and advise of their reslxsrlse. Tht: City_ is prepared to rncivir forward c:}rt tlus purchase sul~jecrt to rlx3st~ t.errns and conditions. Z await. your respoinsc. Very truly yours, rr: Mavar City Council Chief Bill Gordon William G. Berg, jr., Cit.v Clerk ;~ ~' ~i urs~%:\Wr,rk1N11Mcridi3n I:~:+r.+pM~['ollte C)epttlYaw p„lirr ~tatian Prr~~ny\~1/1111n, n.~A11 ~A, Ltr WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P. A. ATTORNEYS AT LAW KATHY J. EDWARDS PHILIP A. PETERSON JULIE KLEIN FISCHER STEPHEN L. PRUSS WM. F. GIGRAY, lIl ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW R. STEPHEN RUTHERFORD WILLIAM R NICHOLS• DAVID M. SWARTLEY CHRISTOPHER S. NYE TERRENCE R. WHITE" 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466.9272 FAX (208) 466-4405 Email via Intemel ~ wfg~wPPm&~ MERIDIAN OFFICE 200 EAST CARLTON AVENUE SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680.1150 TEL (208) 288-2499 FAX (208) 288-2501 'ALSO ADMITTED IN OR ''ALSO ADMITTED Ild WA January 19, 2000 William G. Berg, Jr., City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 PLEASE REPLY TO NAMPA OFFICE ..~a _;i .~ a ~ 2 o zooo c~~~~~~~~~ .s~,~~~~~v Re: Item 12 D from City Council 1-18-00 (Police Station Resolution) Dear Will: Based upon the action of the City Council on Agenda Item No. 12 D, I have prepared the revised Resolution, Certificate of the Clerk and enclosed letter. Please note the changes in the Resolution include: 1. The number of the Resolution is now provided (286); and 2. I have changed the reference to D.J. to Dee Jay Subdivision on page 3; and 3. I have revised the language of part 5 on pages 3 and 4 to provide for the payment of I/a of the cost of the infrastructure improvements not to exceed $152,000.00; and 4. I have improved the description of where that infrastructure should go. William G. Berg, Jr., City Clerk January 19, 2000 Page 2 I recommend, if this is acceptable given the City action, that your office secure the Mayor's signature as well as your own. Once that is accomplished please execute the Certificate and then provide it to David Williams, the realtor, to communicate it to the seller with the enclosed letter. If you have any questions please advise. Enclosures cc: Mayor Robert I3: Corrie Very truly yours, Wm. F. i , I msgfZ:\Work\M\Meridian 15360M\Police Dept\New Police Station Property\Berg011900.Ltr RESOLUTION NO. 286 A RESOLUTION AMENDING RESOLUTION NO. 277 APPERTAINING TO THE "COMMERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #5 7176" CITY OF MERIDIAN BUYER, HOWELL- MURDOCH DEVELOPMENT CORPORATION, AN IDAHO CORPORATION SELLER, DIAMOND PROPERTIES, DAVE WILLIAMS SELLING AGENT. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN: SECTION 1: FINDINGS: WHEREAS, the City Council authorized in Resolution No. 277 the Mayor and Cleric to enter into and on behalf of the City of Meridian that certain agreement for the purchase of a 10 acre site of bare ground for the intended use by the City for a new police station, and other public use, from Howell-Murdoch Development Corporation, an Idaho Corporation owner, entitled "Commercial/Investment Real Estate Purchase and Sale Agreement ID #57176" in accordance with the terms and conditions which are stated therein; and WHEREAS, after the submission of the "Commercial/Investment Real Estate Purchase and Sale Agreement ID #57176" the owner proposed additional terms and conditions entitled "Development Agreement Addendum To Purchase and Sale Agreement #57176" [hereinafter referred to for convenience as "Development Addendum"] to which the Council must respond; and WHEREAS, the Council has been duly advised by its Police Chief, Public Works Department and City Attorney's office regarding the advisability of proposed terms and conditions of the "Development Agreement Addendum To Purchase and Sale Agreement #57176" [hereinafter referred to for convenience as "Purchase and Sale Agreement"]; and WHEREAS, it has been recommended by the Public Worlcs Department that the Transaction Screen Environmental Site Assessment dated September 15, 1998 be updated, which is anticipated to be at a cost of $800.00 to $1,200.00 by the Council's determination; and RESOLUTION AMENDING RESOLUTION #277 -PAGE 1 OF 4 WHEREAS, the Land Use Concerns are as follows: 1. The property has not been subdivided and cannot be sold under the City's or County's Subdivision Ordinance. 2. There is no public road access to the property. The subdivision to the west has just been approved by City Council for final plat engineering approval. The plat is not yet recorded and no road or utilities have been installed. 3. Property is currently zoned RT County and cannot be developed for police station use under current zoning. 4. Property will have to be annexed and zoned. Zone options are considering the proposed use under Meridian zoning law and is a "Public Sz Quasi-Public Use as a permitted use in L-O zone and a Conditional Use Permit in a R-8 zone. 5. Comprehensive Plan Generalized Land Use Map designates the subject parcel as "Single-Family Residential". Comprehensive Plan amendment recommendations from Planning and Zoning can only occur every 6 months. Expense Concerns are as follows: 1. Who pays for the Transaction Screen Environmental Site Assessment update? 2. Who will pay for infrastructure improvements required for site development? WHEREAS, the Council finds that it is in the best interest of the City to make a counter proposal in order to address the concerns of the Mayor and Council and to assure that the property will be useable for the intended purposes and to respond to the "Development Addendum". RESOLUTION AMENDING RESOLUTION #277 -PAGE 2 OF 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor an Clerlc are hereby authorized to offer and enter into on behalf of the City of Meridian a counter proposal to the "Development Addendum" as follows: A. That the City reaffirm its offer and signing of the "Purchase and Sale Agreement" and terms of City Resolution #277 and in addition and as a condition thereof; and B. This transaction shall close on or about April 10, 2000, subject to the following conditions of closing: The City and/or the Seller shall obtain and the Seller shall pay for a Transaction Screen Environmental Site Assessment update; and 2. Seller, at Seller's expense, shall make application and obtain approval from Ada County for administrative lot split which split to show dedication of northern 29' of subject parcel for roadway and utilities. 3. Seller make application and obtain the annexation and zoning of subject parcel as a City of Meridian R-8 Zone. [The Council does not herein express an opinion about the advisability of such a zoning designation, and expressly reserves judgment of the same until the completion of the public hearing process associated therewith.] 4. Seller agrees to complete infrastructure improvements of Dee Jay Subdivision to the west of the subject property which shall include construction of a public road, sewer, water, power, cable, gas and telephone to the subject property and stub in cul-de-sac as access to the subject property within 1 year of the date of closing at Seller's expense. 5. Seller agrees to construct within eighteen (18) months of the closing necessary roadway and infrastructure RESOLUTION AMENDING RESOLUTION #277 -PAGE 3 OF 4 improvements which shall be placed partially within the dedicated northern 29' of the subject property as referenced in part B. 2. herein, along the entire northern length thereof [approximately 1,013 feet] with part of said infrastructure to be placed upon the property adjacent and to the north as required by the Ada County Highway District and the City of Meridian. The infrastructure shall include, but is not limited to the construction of a road, curbs, gutters, sidewalks, sewer, water, power, cable, gas and telephone. The Seller shall install whatever stub outs and curb cuts the City may require for the City's parcel and at the locations which are determined by the City. All plans and specifications for the infrastructure shall be first approved by the City of Meridian. The City shall agree to then pay to Seller for one half (1/z) of the actual cost thereof, an amount not greater than One Hundred Fifty Two Thousand and No/100ths Dollars ($152,000.00) within 30 days of the final completion of the roadway and infrastructure as herein provided for. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of Gfirut~~ , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ~r~ti~ , 2000. e or Robert D. Corrie ATT T: `~``~~~+,~r~~rrrriiirii~~. r ~O I Yom. w ity Clerk ~~~~ -~ '~_ 1~ n .. ms~Z:\Worlc\M\Meridian 15360M\Police Dept\New Pd3~a~e~t~es277.Res 3# it RESOLUTION AMENDING RESOLUTION #277 -PAGE 4 OF 4 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 1, the undersigned, do hereby certify: That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this City, I am the custodian of its records and minutes and do herebv certify that on the -~-~ day of ~ucCLc. , 2000, the following action has been taken and authorize . A RESOLUTION AMENDING RESOLUTION NO. 277 APPERTAINING TO THE "COMMERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176" CITY OF MERIDIAN BUYER, HOWELL-MURDOCH DEVELOPMENT CORPORATION, AN IDAHO CORPORATION SELLER, DIAMOND PROPERTIES, DAVE WILLIAMS SELLING AGENT. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN: SECTION 1: FINDINGS: WHEREAS, the City Council authorized in Resolution No. 277 the Mayor and Cleric to enter into and on behalf of the City of Meridian that certain agreement for the purchase of a 10 acre site of bare ground for the intended use by the City for a new police station, and other public use, from Howell-Murdoch Development Corporation, an Idaho Corporation owner, entitled "Commercial/Investment Real Estate Purchase and Sale Agreement ID #57176" in accordance with the terms and conditions which are stated therein; and WHEREAS, after the submission of the "CommerciaUInvestment Real Estate Purchase and Sale Agreement ID #57176" the owner proposed additional terms and conditions entitled "Development Agreement Addendum To Purchase and Sale Agreement #57176" [hereinafter referred to for convenience as "Development Addendum"] to which the Council must respond; and CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 1 WHEREAS, the Council has been duly advised by its Police Chief, Public Works Department and City Attorney's office regarding the advisability of proposed terms and conditions of the "Development Agreement Addendum To Purchase and Sale Agreement #57176" [hereinafter referred to for convenience as "Purchase and Sale Agreement"]; and WHEREAS, it has been recommended by the Public Worlcs Department that the Transaction Screen Environmental Site Assessment dated September 1 S, 1998 be updated, which is anticipated to be at a cost of $800.00 to $1,200.00 by the Council's determination; and - WHEREAS, the Land Use Concerns are as follows: 1. The property has not been subdivided and cannot be sold under the City's or County's Subdivision Ordinance. 2. There is no public road access to the property. The subdivision to the west has just. been approved by City Council for final plat engineering approval. The plat is not yet recorded and no road or utilities have been installed. 3. Property is currently zoned RT County and cannot be developed for police station use under current zoning. 4. Property will have to be annexed and zoned. Zone options are considering the proposed use under Meridian zoning law and is a "Public ~ Quasi-Public Use as a permitted use in L-O zone and a Conditional Use Permit in a R-8 zone. 5. Comprehensive Plan Generalized Land Use Map designates the subject parcel as "Single-Family Residential". Comprehensive Plan amendment recommendations from Planning and Zoning can only occur every 6 months. Expense Concerns are as follows: 1. Who pays for the Transaction Screen Environmental Site Assessment update? 2. Who will pay for infrastructure improvements required for site CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 2 development? WHEREAS, the Council finds that it is in the best interest of the City to make a counter proposal in order to address the concerns of the Mayor and Council and to assure that the property will be useable for the intended purposes and to respond to the "Development Addendum". NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor an Clerlc are hereby authorized to offer and enter into on behalf of the City of Meridian a counter proposal to the "Development Addendum" as follows: A. That the City reaffirm its offer and signing of the "Purchase and Sale Agreement" and terms of City Resolution #277 and in addition and as a condition thereof; and B. This transaction shall close on or about April 10, 2000, subject to the following conditions of closing: 1. The City and/or the Seller shall obtain and the Seller shall pay for a Transaction Screen Environmental Site Assessment update; and 2. Seller, at Seller's expense, shall make application and obtain approval from Ada County for administrative lot split which split to show dedication of northern 29' of subject parcel for roadway and utilities. 3. Seller make application and obtain the annexation and zoning of subject parcel as a City of Meridian R-8 Zone. [The Council does not herein express an opinion about the advisability of such a zoning designation, and expressly reserves judgment of the same until the completion of the public hearing process associated therewith.] 4. Seller agrees to complete infrastructure improvements of Dee Jay Subdivision to the west of the subject property which shall include construction of a public road, sewer, CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 3 water, power, cable, gas and telephone to the subject property and stub in cul-de-sac as access to the subject property within 1 year of the date of closing at Seller's expense. 5. Seller agrees to construct within eighteen (18) months of the closing necessary roadway and infrastructure improvements which shall be placed partially within the dedicated northern 29' of the subject property as referenced in -part B. 2. herein, along the entire northern length thereof [approximately 1,013 feet] with part of said infrastructure to be placed upon the property adjacent and to the north as required by the Ada County Highway District and the City of Meridian. The infrastructure shall include, but is not limited to the construction of a road, curbs, gutters, sidewalks, sewer, water, power, cable, gas and telephone. The Seller shall install whatever stub outs and curb cuts the City may require for the City's parcel and at the locations which are determined by the City. All plans and specifications for the infrastructure shall be first approved by the City of Meridian. The City shall agree to then pay to Seller for one half (i/z) of the actual cost thereof, an amount not greater than One Hundred Fifty Two Thousand and No/100ths Dollars ($152,000.00) within 30 days of the final completion of the roadway and infrastructure as herein provided for. ~, :'~`, ~~ OVA T ~ ~~';. ''~ `~° ILLIAM G. BERG, JR. _ ~~~ _ CITY CLERK ~C6 ~~ `` 1~,~-~O,q ~'r ~sZ ~~,~~~. r!!!!!!!ti{ k1kkkk~k,` CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 4 STATE OF IDAHO, ss: County of Ada, On this ~ ~ ~' day of <~~~~~ , in the year 2000, before me, h-~,~~1/1 ~ . ~p,~,~rr~ Lw _, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ~~aa~~1• ~ ~• :.~E: UG • s ~y.~,' pTA~' ~ i f.. • ~: '~' ~ • (SEAT.) ;~~ ~ ~ ~' ;~'e e ~ ~ ~ r . ; i s'' :AUBI,IG O,•' :19 , .• ••~ OF 1~,. ••..... Nota P lic for Idaho Commission Expires: ~~G~7~ b ~ msg/Z:\Worlc\N[\Meridian 15360M\Police Dept\iVew Police Station Property\CertifClerlcRes CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 5 January 14, 2000 MERIDIAN CITY COUNCIL MEETING: JANUARY 18 2000 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: ~ Z REQUEST• CITY ATTORNEY BILL GIGRAY -POLICE BUILDING SITE NEGOTIATIONS REPORT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~~'~~~ ~,.eeds ~ C"%r~-oL .f ~- ~ ~ 2~6 G~~Y~°~S ,~..~io"~ ~~~ OTHER: Materials presented at public meetings shall become property of the Cify of Meridian. y 'la~i .1 A N ~ 8 2000 in teroffi c e cl~ ®~ ~~~~~ M E M O R A N D U M To: Mayor Robert D. Corrie, City Council and William G. Berg, Jr. cc: Chief Bill Gordon. DIGT~T~~ 0,~ ~,wT~s ;,y,yy~ ~~.t;~ From• Wm. F. Gigray, III SCI~1T !`~'' ~-£'s~sT S!~'`:~ i ~iiY.: t~ • {~1S A~S~I~CE TO ~aV'Oe~ 0~~~.~ Subject: Resolution Amending Resolution No. 277 /File No. 3.5.6 Date: January 18, 2000 Mayor Corrie, Council and Will: Please find attached the Resolution Amending Resolution No. 277, of which the original is being sent to the Clerk's office. This Resolution pertains to the property purchase for the new police station. I will be discussing this matter at the City Council meeting tonight. Z:AWork~IVIUVIeridian 15360M~Police Dept~New Police Station Property~VlayarCouncilOll 800.Mem RESOLUTION NO. l~l ~- ~r~--~ A RESOLUTION AMENDING RESOLUTION NO. 277 APPERTAINING TO THE "COMMERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176" CITY OF MERIDIAN BUYER, HOWELL- MURDOCH DEVELOPMENT CORPORATION, AN IDAHO CORPORATION SELLER, DIAMOND PROPERTIES, DAVE ' ' \MS SELLING AGENT. NOW, THEREFORE, BE I'I ~ ~ ~ \YOR AND CITY COUNCIL OF THE CITY O. ~ ~ ~, ~~ SECTION 1: FINDINGS WHEREAS, the City Coui f-gin t~esolution No. 277 the Mayor and Cleric to enter into and on beI ._,~r she -City of Meridian that certain agreement for the purchase of a 10 acre site of bare ground for the intended use by the City for a new police station, and other public use, from Howell-Murdoch Development Corporation, an Idaho Corporation owner, entitled "Commercial/Investment Real Estate Purchase and Sale Agreement ID #57176" in accordance with the terms and conditions which are stated therein; and WHEREAS, after the submission of the "Commercial/Investment Real Estate Purchase and Sale Agreement ID #57176" the owner proposed additional terms and conditions entitled "Development Agreement Addendum To Purchase and Sale Agreement #57176" [hereinafter referred to for convenience as "Development Addendum"] to which the Council must respond; and WHEREAS, the Council has been duly advised by its Police Chief, Public Works Department and City Attorney's office regarding the advisability of proposed terms and conditions of the "Development Agreement Addendum To Purchase and Sale Agreement #57176" [hereinafter referred to for convenience as "Purchase and Sale Agreement"]; and WHEREAS, it has been recommended by the Public Worlcs Department that the Transaction Screen Environmental Site Assessment dated September 15, 1998 be updated, which is anticipated to be at a cost of $800.00 to $1,200.00 by the Council's determination; and RESOLUTION AMENDING RESOLUTION #277 -PAGE 1 OF 4 WHEREAS, the Land Use Concerns are as follows: 1. The property has not been subdivided and cannot be sold under the City's or County's Subdivision Ordinance. 2. There is no public road access to the property. The subdivision to the west has just been approved by City Council for final plat engineering approval. The plat is not yet recorded and no road or utilities have been installed. 3. Property is currently zoned RT County and cannot be developed for police station use under current zoning. 4. Property will have to be annexed and zoned. Zone options are considering the proposed use under Meridian zoning law and is a "Public &Quasi-Public Use as a permitted use in L-O zone and a Conditional Use Permit in a R-8 zone. 5. Comprehensive Plan Generalized Land Use Map designates the subject parcel as "Single-Family Residential". Comprehensive Plan amendment recommendations from Planning and Zoning can only occur every 6 months. Expense Concerns are as follows: Who pays for the Transaction Screen Environmental Site Assessment update? 2. Who will pay for infrastructure improvements required for site development? WHEREAS, the Council finds that it is in the best interest of the City to make a counter proposal in order to address the concerns of the Mayor and Council and to assure that the property will be useable for the intended purposes and to respond to the "Development Addendum". RESOLUTION AMENDING RESOLUTION #277 -PAGE 2 OF 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor an Clerlc are hereby authorized to offer and enter into on behalf of the City of Meridian a counter proposal to the "Development Addendum" as follows: A. That the City reaffirm its offer and signing of the "Purchase and Sale Agreement" and terms of City Resolution #277 and in addition and as a condition thereof; and B. This transaction shall close on or about April 10, 2000, subject to the following conditions of closing: 1. The City and/or the Seller shall obtain and the Seller shall pay for a Transaction Screen Environmental Site Assessment update; and 2. Seller, at Seller's expense, shall make application and obtain approval from Ada County for administrative lot split which split to show dedication of northern 29' of subject parcel for roadway and utilities. 3. Seller make application and obtain the annexation and zoning of subject parcel as a City of Meridian R-8 Zone. [The Council does not herein express an opinion about the advisability of such a zoning designation, and expressly reserves judgment of the same until the completion of the public hearing process associated therewith.] ' \ ().~ 4. Seller agrees to complete infrastructure improvements of ~ ~ D.J. Subdivision to the west of the subject property which ~,~ ' shall include construction of a public road, sewer, water, -' power, cable, gas and telephone to the subject property and stub in cul-de-sac as access to the subject property within 1 year of the date of closing at Seller's expense. ~ 5. Seller agrees to construct within eighteen (18) months of closing construct the necessary roadway and infrastructure at least along the northern entire 1,013 length of the RESOLUTION AMENDING RESOLUTION #277 -PAGE 3 OF 4 subject property. This infrastructure shall include, but is not limited to, construction of the road, curbs, gutters, sidewalks, sewer, water, power, cable, gas and telephone. The Seller shall install whatever stub outs and curb cuts the City may require for the City's parcel and in the locations which are determined by the City. All plans and specifications for the infrastructure shall be first approved by the City. The City shall agree to pay to Seller an lZ amount not greater than $152,000.00 within 30 days of the final completion of the roadway and infrastructure as herein provided for. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. Mayor Robert D. Corrie ATTEST: City Clerk msg/Z:\Worlc\M\Meridian 15360M\Police Dept\New Police Station Property\/lmendRes277.Res RESOLUTION AMENDING RESOLUTION #277 -PAGE 4 OF 4 ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 03 01/19 10 46 LEGAL DEPARTMENT AS OF JAN 19 '00 104? PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC--S 00'21" 001 232 OK January 14, 2000 MERIDIAN CITY COUNCIL MEETING:_ JANUARY 18.2000 APPLICANT; DEPARTMENT REPORTS AGENDA ITEM NUMBER: ~ 2 REQUEST: CITY ATTORNEY. Blll GIGRAY -POLICE BUILDING SITE NEGOI'IAiIONS REPORT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: / ~,,,- Q CITY ATTORNEY: h ~~~~ ` CITY POLICE DEPT: / '- -C- ~J CRY FIRE DEPT: ,~ ~~ CITY BUILDING DEPT; CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE; CENTRAL DISTRICT HEALTH: ~ ~~ NAMPA MERIDIAN IRRIGATION: ~~~~ XI~P_~ SETTLERS IRRIGATION: ~ „UW IDAHO POWER: ~'~()"' US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION; OTHER: Mnterlals presented of public meetings shill become property of ~e City of Meridian. Meridian City Council Meeting December 7, 1999 Page 95 here with regards to allowing the City to have the option on a foreclosure sale to purchase the bank's interest in that so that you don't have the situation of that going on for sale without at least having the first shot at it. That, of course, would and if it require the City to tender those funds just in advance of the sale date, was cured prior to the sale date, then those funds would be returned to the City. There's about afive-day, I think, period there. Because I represent the City, I do not feel that I had any authority to disclose a proposed agreement to the bank or to Cherry Lane Recreation, Inc., without first confiding in you to determine whether or not you would instruct me to share such an agreement with them and to pursue this or whether or not there're provisions in this that you don't like that you'd like changed or whether or not you'd like me to do anything. So I submit that for your consideration, not to enter into this agreement at this point, but whether or not to authorize me t{hat f we did transmi et, th ttv~rou d be ah tong agree to it or not. I would say indication you would ultimately approve it, though. Corse: Comments? Rountree: Mr. Mayor. Cowie: Mr. Rountree. Rountree: I would move that we authorize the City Attorney to transmit the draft agreement to the subject parties for their consideration and seek their approval to enter into such an agreement so we could move on with this particular project. Bird: Second. Cowie: Motion made and seconded to have the attorney send these (inaudible) to the Idaho Independent Bank and Cherry Lane Rec to see what their status would be on this. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 18. DEPARTMENT REPORTS E. ATTORNEY -BILL GIGRAY 3. PURCHASE AGREEMENT Gigray: I've been corrected by the City Clerk. We had two resolutions dealing with the police. One resolution dealing with the listing agreement with the realtor and another resolution dealing with the offer to purchase, and I don't know for purposes of the record, I would defer to the Clerk as to how he wants this clarified, because I think you only identified one resolution number. RESOLUTION NO. 286 A RESOLUTION AMENDING RESOLUTION NO. 277 APPERTAINING TO THE "COMMERCI,AL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176" CITY OF MERIDIAN BUYER, HOWELL- MURDOCH DEVELOPMENT CORPORATION, AN IDAHO CORPORATION SELLER,TDIAMOND PROPERTIES, DAVE WILLIAMS SELLING AGENT. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN: SECTION l: FINDINGS: WHEREAS, the City Council authorized in Resolution No. 277 the Mayor and Clerlc to enter into and on behalf of the City of Meridian that certain agreement for the purchase of a 10 acre site of bare ground for the intended use by the City for a new police station, and other public use, from Howell-Murdoch Development Corporation, an Idaho Corporation owner, entitled "Commercial/Investment Real Estate Purchase and Sale Agreement ID #57176" in accordance with the terms and conditions which are stated therein; and WHEREAS, after the submission of the "Commercial/Investment Real Estate Purchase and Sale Agreement ID #57176" the owner proposed. additional terms and conditions entitled "Development Agreement Addendum To Purchase and Sale Agreement #57176" [hereinafter referred to for convenience as "Development Addendum"] to which the Council must respond; and WHEREAS, the Council has been duly advised by its Police Chief, Public Works Department and City Attorney's office regarding the advisability of proposed terms and conditions of the "Development Agreement Addendum To Purchase and Sale Agreement #57176" [hereinafter referred to for convenience as "Purchase and Sale Agreement"]; and WHEREAS, it has been recommended by the Public Worlcs Department that the Transaction Screen Environmental Site Assessment dated September 15, 1998 be updated, which is anticipated to be at a cost of $800.00 to $1,200.00 by the Council's determination; and i RESOLUTION AMENDING RESOLUTION #277 -PAGE 1 OF 4 WHEREAS, the Land Use Concerns are as follows: 1. The property has not been subdivided and cannot be sold under the City's or County's Subdivision Ordinance. 2. There is no public road access to the property. The subdivision to the west has just been approved by City Council for final plat engineering approval. The plat is not yet recorded and no road or utilities have been installed. 3. Property is currently zoned RT County and cannot be developed for police station use under current zoning. 4. Property will have to be annexed and zoned. Zone options are considering the proposed use under Meridian zoning law and is a "Public ~ Quasi-Public Use as a permitted use in L-O zone and a Conditional Use Permit in a R-8 zone. S. Comprehensive Plan Generalized Land Use Map designates the subject parcel as "Single-Family Residential". Comprehensive Plan amendment recommendations from Planning and Zoning can only occur every 6 months. Expense Concerns are as follows: 1. Who pays for the Transaction Screen Environmental Site Assessment update? 2. Who will pay for infrastructure improvements required for site development? WHEREAS, the Council finds that it is in the best interest of the City to make a counter proposal in order to address the concerns of the Mayor and Council and to assure that the property will be useable for the intended purposes and to respond to the "Development Addendum". RESOLUTION AMENDING RESOLUTION #277 -PAGE 2 OF 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor an Clerlc are hereby authorized to offer and enter into on behalf of the City of Meridian a counter proposal to the "Development Addendum" as follows: A. That the City reaffirm its offer and signing of the "Purchase and Sale Agreement" and terms of City Resolution #277 and in addition and as a condition thereof; and B. This transaction shall close on or about April 10, 2000, subject to the following conditions of closing: 1. The City and/or the Seller shall obtain and the Seller shall pay for a Transaction Screen Environmental Site Assessment update; and 2. Seller, at Seller's expense, shall make application and obtain approval from Ada County for administrative lot split which split to show dedication of northern 29' of subject parcel for roadway and utilities. 3. Seller make application and obtain the annexation and zoning of subject parcel as a City of Meridian R-8 Zone. [The Council does not herein express an opinion about the advisability of such a zoning designation, and expressly reserves judgment of the same until the completion of the public hearing process associated therewith.] 4. Seller agrees to complete infrastructure improvements of Dee Jay Subdivision to the west of the subject property which shall include construction of a public road, sewer, water, power, cable, gas and telephone to the subject property and stub in cul-de-sac as access to the subject property within 1 year of the date of closing at Seller's expense. S. Seller agrees to construct within eighteen (18) months of the closing necessary roadway and infrastructure RESOLUTION AMENDING RESOLUTION #277 -PAGE 3 OF 4 improvements which shall be placed partially within the dedicated northern 29' of the subject property as referenced in part B. 2. herein, along the entire northern length thereof [approximately 1,013 feet] with part of said infrastructure to be placed upon the property adjacent and to the north as required by the Ada County Highway District and the City of Meridian. The infrastructure shall include, but is not limited to the construction of a road, curbs, gutters, sidewalks, sewer, water, power, cable, gas and telephone. The Seller shall install whatever stub outs and curb cuts the City may require for the City's parcel and at the locations which are determined by the City. All plans and specifications for the infrastructure shall be first approved by the City of Meridian. The City shall agree to then pay to Seller for one half (I/z) of the actual cost thereof, an amount not greater than One Hundred Fifty Two Thousand and No/100ths Dollars ($152,000.00) within 30 days of the final completion of the roadway and infrastructure as herein provided for. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of ~~~~ , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this "= day of ~~'~cr~ , 2000. e ~c...C. or Robert D. Corrie ~ \ ~/ Fo ' ity Clerk _ ~~~~ msg/Z:\Work\M\Meridian 15360M\Police DeptWew Pv'tyc~at~ 15~ ~ ~c~{~~es277.Res f~~~tttJit6 tif3tt~~,` RESOLUTION AMENDING RESOLUTION #277 -PAGE 4 OF 4 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 1, the undersigned, do hereby certify: That I am the duly appointed and elected Clerlc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerlc of this City, I am the custodian of its records and minutes and do hereby certify that on the ~~ day of ~CLc. , 2000, the following action has been taken and authorize . A RESOLUTION AMENDING RESOLUTION NO. 277 APPERTAINING TO THE "COMMERCLAUINVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176" CITY OF MERIDIAN BUYER, HOWELL-MURDOCH DEVELOPMENT CORPORATION, AN IDAHO CORPORATION SELLER, DIAMOND PROPERTIES, DAVE WILLIA.MS SELLING AGENT. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN: SECTION l: FINDINGS: WHEREAS, the City Council authorized in Resolution No. 277 the Mayor and Clerlc to enter into and on behalf of the City of Meridian that certain agreement for the purchase of a 10 acre site of bare ground for the intended use by the City for a new police station, and other public use, from Howell-Murdoch Development Corporation, an Idaho Corporation owner, entitled "Commercial/Investment Real Estate Purchase and Sale Agreement ID #57176" in accordance with the terms and conditions which are stated therein; and WHEREAS, after the submission of the "Commercial/Investment Real Estate Purchase and Sale Agreement ID #57176" the owner proposed additional terms and conditions entitled "Development Agreement Addendum To Purchase and Sale Agreement #57176" [hereinafter referred to for convenience as "Development Addendum"] to which the Council must respond; and CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 1 WHEREAS, the Council has been duly advised by its Police Chief, Public Works Department and City Attorney's office regarding the advisability of proposed terms and conditions of the "Development Agreement Addendum To Purchase and Sale Agreement #57176" [hereinafter referred to for convenience as "Purchase and Sale Agreement"]; and WHEREAS, it has been recommended by the Public Worlcs Department that the Transaction Screen Environmental Site Assessment dated September 1 S, 1998 be updated, which is anticipated to be at a cost of $800.00 to $1,200.00 by the Council's determination; and WHEREAS, the Land Use Concerns are as follows: The property has not been subdivided and cannot be sold under the City's or County's Subdivision Ordinance. 2. There is no public road access to the property. The subdivision to the west has just been approved by City Council for final plat engineering approval. The plat is not yet recorded and no road or utilities have been installed. 3. Property is currently zoned RT County and cannot be developed for police station use under current zoning. 4. Property will have to be annexed and zoned. Zone options are considering the proposed use under Meridian zoning law and is a "Public &. Quasi-Public Use as a permitted use in L-O zone and a Conditional Use Permit in a R-8 zone. S. Comprehensive Plan Generalized Land Use Map designates the subject parcel as "Single-Family Residential". Comprehensive Plan amendment recommendations from Planning and Zoning can only occur every 6 months. Expense Concerns are as follows: Who pays for the Transaction Screen Environmental Site Assessment update? 2. Who will pay for infrastructure improvements required for site CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 2 development? WHEREAS, the Council finds that it is in the best interest of the City to make a counter proposal in order to address the concerns of the Mayor and Council and to assure that the property will be useable for the intended purposes and to respond to the "Development Addendum". NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor an Cleric are hereby authorized to offer and enter into on behalf of the City of Meridian a counter proposal to the "Development Addendum" as follows: A. That the City reaffirm its offer and signing of the "Purchase and Sale Agreement" and terms of City Resolution #277 and in addition and as a condition thereof; and B. This transaction shall close on or about April 10, 2000, subject to the following conditions of closing: 1. The City and/or the Seller shall obtain and the Seller shall pay for a Transaction Screen Environmental Site Assessment update; and 2. Seller, at Seller's expense, shall make application and obtain approval from Ada County for administrative lot split which split to show dedication of northern 29' of subject parcel for roadway and utilities. 3. Seller make application and obtain the annexation and zoning of subject parcel as a City of Meridian R-8 Zone. [The Council does not herein express an opinion about the advisability of such a zoning designation, and expressly reserves judgment of the same until the completion of the public hearing process associated therewith.] 4. Seller agrees to complete infrastructure improvements of Dee Jay Subdivision to the west of the subject property which shall include construction of a public road, sewer, CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 3 water, power, cable, gas and telephone to the subject property and stub in cul-de-sac as access to the subject property within 1 year of the date of closing at Seller's expense. 5. Seller agrees to construct within eighteen (18) months of the closing necessary roadway and infrastructure improvements which shall be placed partially within the dedicated northern 29' of the subject property as referenced in part B. 2. herein, along the entire northern length thereof [appro;cimately 1,013 feet] with part of said infrastructure to be placed upon the property adjacent and to the north as required by the Ada County Highway District and the City of Meridian. The infrastructure shall include, but is not limited to the construction of a road, curbs, gutters, sidewalks, sewer, water, power, cable, gas and telephone. The Seller shall install whatever stub outs and curb cuts the City may require for the City's parcel and at the locations which are determined by the City. All plans and specifications for the infrastructure shall be first approved by the City of Meridian. The City shall agree to then pay to Seller for one half ('/z) of the actual cost thereof, an amount not greater than One Hundred Fifty Two Thousand and No/100ths Dollars ($152,000.00) within 30 days of the final completion of the roadway and infrastructure as herein provided for. .~ r V _ ~ ~F ~~ ° ~ ILLIAM G. BERG, JR. $~~ - CITY CLERK ~ ,~ `` ,,,,,q ~~~ ~P`,,. CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 4 STATE OF IDAHO, ss: County of Ada, On this ~ ~ ~' day of ~'~~'r~ , in the year 2000, before me, -~~ lit(/1~~,f''~i LG~ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerlc of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ~~...... • •. U :y~~~T G ~: p `~. ,~,`. • ~; ~ (SEAL) :~ ~'~ ~' ;a: s ~ i ~ ~ ~ ~+ i f • sj ~ ~I,ZV O ~ X171+ ~ •.....• Nota PL lic for Idaho Commission Expires: ~ ~G~~ D ~ ms~Z:\work\M\Meridian 15360M\Police DeptWew Police Station Property\CertifClerkRes CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - S MAYOR NUB OF TREASURE VALLEY Roben D. Come A Good Place to Live CITY OF MERIDIAN CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 NOTICE OF SPECIAL MEETING LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Thursday, January 13, 2000 at 6:00 P.M. The Meridian City Council will hold an Executive Session (session closed to the public) in accordance with Idaho State Code 67-2345 (c). The public is welcome to attend the special meeting but the executive session will be closed to the public. DATED this 6th day of January, 2000. l``~;;ttlitlltffll~~~' .ate ~ rFO SEAL ~, ~ C P .~ ~~''%~.~~~~QUFJiY t;~~~~~`~~~ WILLIAM G. BERG, JR. C Y C ERK RESOLUTION NO ~- 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "COMiVIERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEl~1ENT ID #57176", BY AND BETWEEN THE CITY OF MERIDIAN AND DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO EFFECT THE OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #51118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY. BE IT RESOLVED BY THE 1VIAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to make an OFFER FOR THE PURCHASE OF A 10 ACRE.SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #S1118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY, denoted as "COMMERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL. as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with DAVE WILLIAMS, DBA DIAMOND RESOLUTION -DAVE WILLIAMS DBA DIAMOND PROPERTIES -PAGE lOF2 FOR NEW POLICE STATION AND OTHER PUBLIC USE PROPERTIES TO EFFECT THE OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #511181=11900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONiVIENTAL CONDITION OF THE PROPERTY, entitled "COMMERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #7176 ", by and between the City of Meridian and DAVE WILLIAivIS, DBA DIAMOND PROPERTIES TO EFFECT THE OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #51118111900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN A.ND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORiv1 A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ASSED BY THE COUNCIL OF THE CITY OF NIERIDIAt~1, IDAHO, this ~ day of ~!-~ ~fit~ , 1999. PPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of 2G?i~~f~. , 1999. >~L OR ATTEST: '````~t~~~~t~o~:Ertrrrr~~r~~,''/ t ~~ ~~ ~ ~.` ld ri CITY CLERK = S~,~~ = ~~ o~ ter. o~ 1~ , ~Q `\` ''-_:,,,~~ ray„~~``~t Z:\WorkUvl~Nleridian 1~360MWdministration\RESOLUTIONt~voPoliceStation.Agt RESOLUTION -DAVE WILLIAMS DBA DLAMOND PROPERTIES -PAGE 20F2 FOR NEW POLICE STATION AND OTHER PUBLIC USE CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 1, the undersigned, do hereby certifv: That I am the duly appointed and elected Clerlc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerlc of this City, I am the custodian of its records and mutes and do hereby certify that on the ,7~, day of hz , 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "COMMERCIAIJINVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176", BY AND BETWEEN THE CITY OF MERIDIAN AND DAVE WILLIAIvIS, DBA DIAMOND PROPERTIES TO EFFECT THE OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #S 1118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: _ WHEREAS, it is in the best interests of the City of Meridian to make an OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #S 1118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 1 THE PROPERTY, denoted as "CONIMERCIAUINVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176", a copy of which is attached hereto marked as E,~chibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR t11~1D CITY COUNCIL as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO EFFECT THE OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #S 1118141900 SUBJECT TO THE TERMS A.1~1D CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY, entitled "COMMERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176 ", by and between the City of Meridian and DAVE WILLIAwIS, DBA DIAMOND PROPERTIES TO EFFECT THE OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #S 1118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ,t,tlttllt!{Iff/fff~~, • ~. _- " ILLIAM G. BERG, JR. S~ - CITY CLERI< ~~ `' :9~ -, Qrzs~• -~~. ., q ~ ~~ ., ~. ~,~ /j~fffffilf tf}iitltttt CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 2 STATE OF IDAHO, County of Ada, ) ss: On this ~ day of ~~~~ in the year 1999, before me, ~~%I/~~`,~~~ /)!/~=,~G,,~,~ , a Notary Public, appeared WILLIA~~I G. BERG, JR., known or identified to me to be the City Clerlc of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ~~.••'- ~ . 0 VFW •' ~~. Q' ~ ~pT A1~ ~. E~I,) ...~ * Notary Public for Idaho * ~l'UB1.1G o Commission E,~cpires: //-0~-~ ~T''~•....•• O Q`~~.• rFOft..•• ms~Z:\WorkW(\Meridian 1~360MWdministration\CertifClerktwoPOLICESTATIONRes CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 3 RESOLUTION NO Z T6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE ~LaYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "EXCLUSIVE BUYER REPRESENTATION AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN A1~iD DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO REPRESENT THE CITY AS A REAL ESTATE BROKER FOR THE PURCHASE OF BARE GROUND A 10 ACRE SITE FOR INTENDED USE BY THE CITY FOR A NEW POLICE STATION AND OTHER PUBLIC USE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO REPRESENT THE CITY AS A REAL ESTATE BROKER FOR THE PURCHASE OF BARE GROUND A 10 ACRE SITE FOR THE INTENDED USE BY THE CITY FOR A NEW POLICE STATION AND OTHER PUBLIC USE, denoted as "EXCLUSIVE BUYER REPRESENTATION AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement. with DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO REPRESENT THE CITY AS A REAL ESTATE BROKER FOR THE PURCHASE OF BARE GROUND A 10 ACRE SITE FOR THE INTENDED USE BY THE CITY FOR A NEW POLICE STATION AND OTHER PUBLIC USE, entitled "EXCLUSIVE BUYER REPRESENTATION AGREEMENT", by and between the City of RESOLUTION -DAVE WILLL~~MS DBA DIAMOND PROPERTIES -PAGE lOF2 FOR NEW POLICE STATION AND OTHER PUBLIC USE Meridian and DAVE WILLIAwIS, DBA DIAMOND PROPERTIES TO REPRESENT THE CITY AS A REAL ESTATE BROKER FOR THE PURCHASE OF BARE GROUND A 10 ACRE SITE FOR THE INTENDED USE BY THE CITY FOR A NEW POLICE STATION AND OTHER PUBLIC USE, a copy of which is attached hereto - marked as Exhibit "A" to this Resolution and to bind this Citv to its terms and conditions. -day of ASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ C rrt ~ , 1999. PROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of C ~n `~ , 1999. n OR ATTEST: `~,`~~~~,~~ftftft~i'//' ~~ ~~ .~-. .~ .. v 4~~+ ~ CITY CLERK- $~~~, ~ 9~~T Q(j'7 `` '~ ~ > 1 SZ ' 1 y~ 3 ~~ ~~ tT ,• '~~~t%r~~ii ~e~tt~~~~~\\ RESOLUTION -DAVE WILLIAMS DBA DIAMOND PROPERTIES -PAGE 20F2 FOR NEW POLICE STATION AND OTHER PUBLIC USE CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 1, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerlc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerlc of this City, I am the custodian of its records and inutes and do hereby certify that on the ~ day of C~ y~-v~ti.- , 1999, the. following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "EXCLUSIVE BUYER REPRESENTATION AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND DAVE WILLIA.MS, DBA DIAMOND PROPERTIES TO REPRSENT THE CITY AS A REAL ESTATE BROKER FOR THE PURCHASE OF BARE GROUND A 10 ACRE SITE FOR INTENDED USE BY THE CITY FOR A NEW POLICE STATION Ai~1D OTHER PUBLIC USE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with DAVE WILLIA,MS, DBA DIAMOND PROPERTIES TO REPRESENT THE CITY AS A REAL ESTATE BROKER FOR THE PURCHASE OF BARE GROUND A 10 ACRE SITE FOR THE INTENDED USE BY THE CITY FOR A NEW POLICE STATION AND OTHER PUBLIC USE, denoted as " EXCLUSIVE BUYER REPRESENTATION AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 1 NOW, THEREFORE, BE IT RESOLVED BY THE vIAYOR AND CITY COUNCIL as follows: 1. The Nlayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with DAVE WILLIANIS, DBA DIAMOND PROPERTIES TO REPRESENT THE CITY AS A REAL ESTATE BROKER FOR THE PURCHASE OF BARE GROUND A I O ACRE SITE FOR THE INTENDED USE BY THE CITY FOR A NEW POLICE STATION AND OTHER PUBLIC USE, entitled "EXCLUSIVE BUYER REPRESENTATION AGREEMENT", by and between the City of Meridian and DAVE WILLIAMS, DBA DIAivIOND PROPERTIES TO REPRESENT THE CITY AS A REAL ESTATE BROKER FOR THE PURCHASE OF BARE GROUND A 10 ACRE SITE FOR THE INTENDED USE BY THE CITY FOR A NEW POLICE STATION AND OTHER PUBLIC USE, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. WILLIAM G. BERG, JR. CITY CLERK STATE OF IDAHO, County of Ada, ) ss: `',``~~~t~uutirrrJryf s '~O ~~ ' ~~~ = ''t~ ~~ `` ,' ~P .~ '`'rrrr,r~,s st~u"`"` On this ~" day of , in the year 1999, before me, Q. - , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho -- that executed the said instrument, and acknowledged to me that he executed the same he City of Meridian. .~~ ti'ts' v8R :'~ ~ ~~?,~ f `rte ,' ~..~ ~~~ pUBL1G * Notary Public for Idaho •'•. J' '•. •.•• o Commission Expires: //- D.,Z -U ~ msg/~'e~•ritl1~~1~ Iv(\Administration\CertifC(erkPOLICESTATIONRes CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 2 3 ~~ i ~IEC Z 3 1999 Memorandum to: Bill Gigray, City Attorney cc: Bill Gordon, Mayor, ity Clerk From: Gary Smith Date: 12/21/'99 rte: Real Property (Hendren) -Police Station Site I have reviewed the provided copy of the "Environmental Site Assessment: Transactional Screen," for this property, as prepared by Rocky Mountain Environmerrtal Associates, Inc. (RNIEA) in September 1998. As you,. can read, this assessment is a surface review of the site with some interviews and map research. RMEA states this screening process is to identify recognized environmental conditions which is defined "as the presence or likely presence of any hazardous substances or petroleum '' products on the property under conditions that indicate an e~asting release, a past release, or a material threat of a release'into structures on the property or Into the ground, groundwater or surface water of the property." It appears from the results of this assessment and interviews that there isn't an environmental issue with this property. I note that the vicnity map provided by RMEA shows the property to be on the west side of Stratford when in reality I understand it to be on the east side. I placed a phone call to Terracon, Inc., Geotechnicat Consultants, and talked to Dean Fredrickson concerning this type of site assessment. He tells me lending agences for properties that exhibit a low risk of potential environmental problems generally use the transactional screens. He said that the need level of assessment is a Phase I whicth includes a thorough record search, researrch of past aerial photographs and interviews and other in-depth research for past uses of the property. At the very least, he recommended that the Transactional Screen Environmental Site Assessment be updated because their industry considers this type of assessment only valid for a period of six months after it is vompleted. He estimated the cost to do an update at $900 to $1200. If time permits, it may be very appropriate for us to retain his firm to do the update so that we could compare it to what the seller DeQember 21, 1999 has presented. It sounds as if an updated Transactional Screen showed no environmerrtal impacts, we could proceed with the purchase. I can contact Dean to do this update ~ you want to proceed in this direction. I did not ask him about a time schedule, however, I would assume he could have the work done by January 14 if we gave him notice to proceed in the need few days. Gary 2 Office of the City Attorney To: Gary Smith/Bill Gordon cc: Mayor/ Clerk DICTATE) ~Y RTTORf~EY ~~dD From: Bill Gigray, City Attorn~~T ~IITuOiJT sl~~~T~rF Its s As~~c~ 10 AVOID i1ELAY Re: Real Property/Police Station Date: December 20, 1999 200 E. Carlton Ave. Suite 31 PO Box 1150 Meridian ID 83680-1150 Phone: 288-2499 Fax: 288-2501 E-mail: wfg@wppmg.com ~EC~~ DEC 2 0 1999 CITY 0~~ IViER~ID~~I The City is looking at a January 14th closing date for the City property pertaining to the new police station. I am enclosing a report of Rocky Mountain Environmental Associates, Inc. dated September 15, 1998 for your review. Because we have reserved the right to do a due diligence inspection of this property for environmental concerns, request assistance from Gary's department as to what is the prudent process to follow in this regard. Please note the date of the report, and there probably will not be any additional inspection. Please advise. msgiZ.~,WorkIMlMendian 15360M1Police DeoclNew Police Station PropertylGordonSmith121699.Mem The City of Meridian -Idaho's Initial Point of Beginning September 15, 1998 Rocker Mountain ENVIRONMENTAL ASSOCIATES, ING. Mr: Dave Williams.: Damond'Properties 4124 N._ Westview Way - Bose, Idaho°83704: RE:: Transaction Screen Environmental Site Assessment- Hendren:.Property Dear Dave:: Enclosed. please find. one original and one-copy of the Transaction. Screen Environmental Site Assessment for the Hendren Property near Meridian.. Rocky Mountain- EnvironmentalsM (RHEA) .performed. this Environmental Site Assessment: Transactional Screen,. as specified in the AST\ii E-1528..The purpose of-the screening process is to identify recognized environmental conditions. A "recognized. environmental condition" is defined (§ 1..1.1., E--1528) as the presence or likely-presence of any hazardous substances or petroleum. products on the. property under conditions that indicate an existing release, a past release, or a material threat..of a release into structures on the property or into the ground,. groundwater or surface water of the property. De mi_nimis (small or insignificant) conditions are excluded, as they do not.. generally present. a material. risk of harm to public health. or the environment_ and_ would. not be the subject of enforcement: actions byappropriate governmental agencies. Only part. of customary commercial practice to qualifv for the "innocent landowner" defense under CERCI~~, the Transactional Screening Processes consists of: asking questions contained within the transactional screening questionnaire of owners and occupants of the property; 482 CONSTITUTION IDAHO FALLS, ID 83402-3537 • 1-800-388-3793 • (208) 524-2353 FAX (208) 524-795 • observing site: conditions at the, property with the direction provided:by the transactional screening questionnaire; • to the extent reasonably ascertainable,...conducting a limited research regarding certain_government:records and certain standard historical sources;-. • completing the transactional screening questionnaire. Ln. the attached questi:onairre,_we have marked "yes" to three questions, and we wish. to provide an opinion concerning the results of the TS-ESA: 2.. RockyMauntain Enviionmentals'" identified an adjoining property as being used as a vehicle repair facility [Question 3b]. There are large numbers of~patrol`cars-parked at the Idaho Department of Law Enforcement`s, facili-tv,. ocated west of and adjoining the Subject -Property However;;according to the Meridian Fire Marshal, all vehicle maiatenance,_ uch as.oil changes, lubrication, etc., is performed by vendors=located off--site. 2. Rocky_Mountain-Environmentals'" identified the disposal of waste water [Questian..17] on the Subject Property. The property is flood irrigated, and:iizigafion eturn is "waste water" not disposed of in a sanitary or sto~rmsevver system. Regardless, it is our opinion that this issue does not Vvarrant investigation at this time. 3.. Finally,., fiere is a leaking UST [LUST] about ~/~ mile west of the Subject Property; along Meridian Road. Because this site is located down the hydraulic: gradient from the Subject Property, it is our opinion, not a .guarantee or warranty, that it is unlikely to affect the Subject Property. This-Transactional Screen is not a Phase 1 Environmental Site Assessment. During a. Transactional Screen, not all historical records, i.e. Polk City Directories, aerial photographs, or other sources, will be reviewed. A complete history of property use will not be developed. Information on groundwater flow,. from which contaminants might enter the property, will not be developed. Also beyond the scope of the Transactional Screening process, as specified in ASTM E1528, are any evaluations or assessments for the presence or absence of asbestos-containing materials, radon, lead-based paint, lead in drinking water, and wetlands. A final written report, with maps, diagrams, and photographs, will not be prepared. The Transactional Screening ESA is intended for the exclusive use of Howell- l~iurdoch Development Corporation. It may not be used by or disclosed to any person, partnership, or corporation without written consent of R'VIEA. Rock ~Iount~in V ENVIRONMENTAL ASSOCIATES. 1NC. Please mention Rocky-Mountain EnviTOn.mental whenever aneed=for hydrologic; geologic, or-environmental services arises in Idaho,.southwestern Montana, or western. Wyoming. Your referral would be the most important. compliment we could receive. Sincerely, f ~ ,/ ~~ ~ James D. Rush, PG Vice President e-mail:rmeaC srv.net l~oc~ l~Iount.~.in EiJVIRONMENTAL ASSOCIATES, 1NC. z `-: ,xZp ' I = - ~; - 6 i < Err ~~-~ ~ -i -=_nl-~ .. ~ .- 1 Z `~ ,, a \ s - - ~• - •~ ~~• _` LUST LUST _3'`}?~ ~~6~-=~ n LUST ~~~ j' :?: -~ .~ r,`- iI~ ~. I ~~ ~ II I as ,~I, ~ 12:! _;~ LUST ~~: _. '~ .: ~'_:~ ?V ~i n e ~n i Ze ; -'{ ~~~ IC ~ LUST ^~ ' J I ~~, •- ---- '+I~tact _ LUST ~ •~~ ~~ ' ~i ; LUST ~~ ` e2 'n ~ °{ '~ III __ ~. i ~ ^4entl+an ,i ~ v ~ ,I '1 I - •~ ~ II '~ •~Fa1Fr,FOV n05\.--;.1~-___.. ~~.~ \ ~. ~~ ~ {~91 i i ~ ~ ~ _. . -~/ \e _ ~ ~ \ Ia °~ c° 13 - ---:~~ `` 18 U -_______~ ____- --- - ~ j . J o ~, , ~ 1 ,I ~, _ ~- ti ~:, I I~ ~ ~` - - .- I N 1; .1 ,~ . '~ L?N~~ --~-~, ~I ~I ~_~ •~w~ I ~~<o~S ~~ o~~• ROAD .~~ \ ~~ `\` -~•, ~ ~dl 1 ~ ~~ .v "~ ~~ A ~~---'r~ j 1~~ II ~`` .--- I ~ ~ l ~\ N II v1 ! ~ ~• ~ c.~ - ~_ `~~ ~'~ ia~c -- ~~- ~~. _ , ~ ; ~ - - ~ ~'i ~'~~ v~ - j,.. i ~) ~~~ ENVIItONMEN'TAL SITE ASSESSMENT TRANSACTION SCREEN QUESTIONNAIl2E This document is an excerpt of Practice E 1528-96: Standard Practice for Environmental Site Assessments: Transaction Screen Process, which is under the jurisdiction of ASTM Committee E-50 on Environmental Assessment and is the direct responsibility of Subcommittee E 50.02 on Commercial Real Estate Transactions. This questionnaire represents only Sections ~ and 6 of Practice E 1528-96 and should not be construed as being the complete standard. It is necessary to refer to the full standard prior to using this questionnaire. COPYRIGHT©1996 AMERIC.~N SOCIETY FOR TESTING AND MATERIALS, West Conshohocken, PA. Prior edition copyrighted 1993. PCN: 13-515280-65. For the complete standard, or to order additional copies of this questionnaire, contact ASTM Customer Service at (610) 832-9585. S. Introduction to Transaction Screen Questionnaire 5.1 Process-The transaction screen process consists of asking questions contained within the transaction screen questionnaire of owners and occupanu of the property, observing site conditions az the propem with direction provided by the transaction screen questionnaire, and, to the extent reasonably ascertainable, conducting limited research regarding certain government records and certain standard historical sources. The questions asked of owners are the same questions as those asked of occupants. 5.2 Guide-The transaction screen questionnaire is followed by a guide designed to assist the person completing the transaction screen questionnaire. The guide Lo the transaction screen questionnaire is set out in Sections 7 through 10 of this practice, The guide is divided into three sections: Guide for Owner/Occupant Inquiry, Guide to Site Visit, and Guide to Goverrunent Records/EIistorical Sources Inquiry. 5.2.1 To assist the user, its employee or agent, orthe environmental professional in preparing a report, the guide repeazs each of the questions set out in the transaction screen questionnaire in both the guide for owner/occupant inquiry and the guide to sitevisir. Thequestionsregardinggovernmentrecords/historicalsourcesinquiryaze also repeated in the guide to thaz section. 5.2? The guide also describes the procedures to be followed to determine if reliance upon the information in a prior environmental site assessmentis appropriaze under this practice. 5?.3 A user, his employee or agent, or environmental professional conducting [he transaction screen process should not use the transaction screen questionnaire without reference to, or familiarity from prior usage with, the guide. 5.3 User and Preparer-The user conducting the rransaczion screen process is the parry seeking to perform appropriate inquiry with respect to the propem. The user may delegaze the preparation of the rransacnon screen questionnaire to an employee or agent of the user or may contract with a third parry to prepare the questionnaire on behalf of the user. The person preparing the questionnaire is the Preparer, who may be either the user or the person to whom the user has delegated the preparation of the transaction screen questionnaire. ~.4 Exercise ofCare-The preparerconducttng the transaction screen process should use good faith efforts in determining answers to the questions set forth in the rranractian screen questionnaire. The user should take time and care to check whatever records are in the user's possession. The Preparer should ask all persons to whom questions ate directed to give answers to the best of the respondent's knowledge. As required by Section 9601(35)(B) of CERCLA, the useror Preparer should discuss with a responsible person in authority in the user's organization (if any) any specialized knowledge or experience relating to hazardous substances on the propem and the Preparer should understand such intormaton. 5.~ Knowledge-The owner or occupant of the property to which portions of the transaction screen questionnaire are directed should have sufficient knowledge and experience with respect to the properrv orin the owner's oroccuaanr's particular business to understand the purpose and use of the transaction screen questionnaire. All answers should be o ven to the best of the owner's or occupant's actual 'rnowiedge. :.~.1 While the person conducting the transaction screen process has an obligation to ask the questions set forth in the transaction screen queshonnarre, in many instances the parries to whom the questions are addressed will have no obligation to answer them. The user is only required to obtain information to [he extent it is reasonably ascertainable. :._._ If the Preparer asks the questions set forth in the transaczion screen quesr:onnaire, but does not receive any response or receives partial responses, the quesuons will be deemed to have been answered provided the questions have been asked, or were attempted to be asked, in person or by telephone and written records have been kept of the person to whom the questions wets: addressed and their responses, or the questions have been asked in writing sent by certified orregistered mail, return receipt requested, postage prepaid, or by private, commercial overnight carrier and no responses have been obtained after az least two follow-up telephone calls were made or written request was sent again asking for responses. 5.5.3 The transaction screen questionnaire and the transaction screen guide sometimes include the phrase "to the best of your knowledge." Use of this phrase shall not be interpreted as imposing a rnnsttuctive knowledge standard when it is not included or as imposing anything other than an actual Ivrowledge standard for the person answering the questions, regardless of whether it is used. I[ is sometimes included as an assurance to the person beingquestioned thaz he orshe is not obligated to search out information he or she does not currently have in order to answer the particular question. 5.6 Conclusions Regarding A}~trmative or Unknown Answers-If any of the questions set forth in the transaction screen questionnaire are answered in the affirmative, the user must document the reason for the affirmative answer. If any of the questions are not answered or the answer is unlmown, the user should document such nonresponse or answer of urrkaown and. evaluate it in light of the other information obtained in the transaction screen process, including, in particular, the site visit and the government records/historical sources inquiry. If the user decides no further inquiry is warranted after receiving no response, an answer of unlmown or an affirmative answer, the user must document the reasons for any such conclu- sion. 5.6.1 Upon obtaining an affutnadve answer, an answer of tmlmown or no msponse, the user should fast refer to the guide. The guide may provide sufficient explanation to allow a user to conclude thaz no further inquiry is appropriate with respect to the particular question. 5.6.2 If the guide fo a particular question does not, in itself, permit a user to conclude that no further inquiry is appropriaze, then the user should consider other information obtained from the transaction screen process relating to this question. For example, while on the site performing a site visit, a person may find a storage tank on the property and therefore answer Question 10 of the transaction screen questionnaire in the affirmative. However, during or subsequent to the owner/ occupant inquiry, the owner may produce evidence that substances now or histori- callycontained inthetank (forexample, water) are not likely to cause contamination. 5.6.3 If either the guide to the question or other information obtained during the transaction screen process does not• permit a user to conclude no further inquiry is appropriate with respect to such question, then the user must determine, in the exercise of the user's reasonable business judgment, based upon the totality of unresolved affirmative answers or answers of unknown received during the transac- tion screen process, whether further inquiry may be limited to those specific issues identified as of concern or should proceed with a full Phase I Environmental Sire Assessment. 5.7 Presumption-A presumption exists that further inquiry is necessary if an affirmative answer is given to a question or because the answer was tmlcnown or no response was given. In rebutting this presumption, the user should evaluate information obtained from each component of the transaction screen process and considerwhethersufficien[information has been obtained to conclude that no further inquiry is necessary. The user must determine, in the exercise of the user's reasonable business judgment, the scope of such ftutherinquiry:whether to proceed with aPhase /Environmental Site .9ssessmenr prepared in accordance with Practice E 1527 or a lesser inquiry directed az specific issues raised by the questionnaire. 5.8 Further!nauiryUnderPrachceE1527-Uponcomoletingtherransactian screen questionnaire, if the user concludes that a Phase I Environmenra! Sire .assessment is needed, the user should proceed with such inquiry with the advice and guidance of an environmental professional. Such further inquiry should be under- taken in accordance with Practice E 1527. 5.9 Signature-The user and the Preparer of the transaction screen quesnon- natre must complete and sign the quesvonnaire as provided at the end of the questionnaire. 6. Tt'ansaction Screen Questionnaire 6.1 Persons to Be Questioned--The following questions should be asked of (1) the Curren[ owner of the propem, (2) any major o~cupanr of the propem or, if the propem does not have any maior occupanu, at least 10% of the occupanu of the propem, and (3) in addition to the current owner and the occuoanrs identified in (2), any occupant likely to be using, treating, genetatiftg, storing, or disposing of hazardous suvsrances or petroleum produce on or from the propem. A maior occupant is any occupant using at least 40% of the leasable area of the property or any anchor tenant when [he propem is a shopping center. In a multifamily property containing both residential and commercial uses, the preparer does not need to ask questions of the residential accupanu. The preparer should ask each person to answer all auesdons to the best of the respondent's actual )mowledge and in good fai[h. When comoledng the sire visit column, the preparer should be sure to observe the propem and any buildings and other sttucturrs on the propem. The guide provides further details on the appropriate use of this questionnaire. Description of Site; Address: Question Owned Occupants Observed During (il' applicable) Site Visit la. Is the property used for an industrial use? Yes o Unk Yes No Unk Yes Io 1b. Is any adjoining propem used for an industrial use? Yes o Unk Yes. No Unk ~ Yes 2a. Did you observe evidence or do you have any prior knowledge that the Yes o Unk Yes No Unk Yes property has been used for an industrial use in the past? 2b. Did you observe evidence or do you have any prior knowledge that any Yes to Unk Yes No Unk Yes IYo adjoining property has been used for an industrial use in the past? 3a. Is the property used as a gasoline station, motor repair facility, Yes No Unk Yes No Unk No commercial printing facility, dry cleaners, photo developing laboratory, junkyard or landfill, or as a waste treatment, storage, disposal, processing, or recycling facility (if applicable, identify which)? 3b. Is any adjoining property used as a gasoline station, motor repair Yes No Unk Yes No Unk es No facility, commercial printing facility, dry cleaners, photo developing labo- ra[ory, jtitlkyazd or landfill, or as a waste treatment, storage, disposal, processing, or recycling facility (if applicable, identify which)? 4a. Did you observe evidence or do you have any ptiorknowledge that the Yes No Unk Yes No Unk Yes No property has been used as a gasoline station, motorrepair facility, commer- cial printing facility, dry cleaners, photo developing laboratory, junkyard or landfill, or as a waste treatment, storage, disposal, processing, or recycling facility (if applicable, identify which)? gib. Did you observe evidence or do you have any prior knowledge that any Yes ~ Unic Yes No Unit Yes No adjoining property has been used as a gasoline station, motor repairfaciliry, commercial printing facility, dry cleaners, photo developing laboratory, junkyard or landfill, or as a waste treatment, storage, disposal, processing, or recyclitg facility (if applicable, identify which)? Sa. Are there currently any damaged or discarded automotive or industrial Yes N~ Unk Yes No Unk Yes batteries, pesticides, paints, or other chemicals in individual containers of gal (19 L) in volume or 50 gal (190 L) in the aggregate, stored on or used at the property or at the facility? gib. Did you observe evidence or do you have any priorknowledge that there h Yes IYo Unk Yes No Unk Yes ~I~o ave been previously any damaged or discarded automotive or industrial ~/ batteries, or pesticides, paints, or other chemicals in individual containers of» gal (19 L) in volume or d0 gal (190 L) in the aggregate, stored on or used a[ the property or at the facility? 6a. Are there currently any industrial drums (typically =~ gal (208 L)) or t Yes ~1o Unic i Yes Yo Un1c Yes No sac CS or chemicals located on the propem or at the facility? I 6b. Did you observe evidence ordo you have any priorknowiedge thatthere ! hav b i l Yes No Unk i ~ Yes No Unk ~ Yes e een prev ous y any industrial drums (typically ~~ gal (208 L)) or i sacks of chemicals located on [he proaerry or at the facility? -a. Did you observe evidence or do you have any prior knowledge that till i di rh b b h Yes ~ Unk Yes No Unit Yes No r as ees roug t onto the property that originated from a contaminated I ~ ~ site? ~ [Jnk='unicown' or 'ao rC3ignSe' Copyright m 199! AMERICAN SOCIETY FOR TESTING AND MATERIA[S. }ydc Canvtonocxen. PA This documenus an exeerot of E [S?8A6: Sev,duo Pncnee for tnvimnmrn,.i~ t~,. ,........_..... r ............... :... i Y_ ~____ ..._:__ :_ ..____ ___ - i . , ._ . _ _ __ Question Owner Occupants Observed During (if applicable) Site Visit 7b. Did you observe evidence ar do you have any prior knowledge chat fill Yes i~ Unk Yes No Unk Yes N~ dirt has been brought onto the property that is of an unknown origin? ~ 8a. Are there currently any pits, ponds, or lagoons located on the property Unk Yes Yes No Unk I Yes Q~t in connection with waste treatment or waste disposal? 3b. Did you observe evidence or do you have any prior knowledge that there Yes ~ Unk Yes No Unk I Yes No have been previously, any pits, ponds, or lagoons located on the property in connection with waste treatment or waste disposal? 9a. Is there currently any stained soil on the property? Yes ~ Unk Yes No Unk Yes No 9b. Did you observe evidence or do you have any prior knowledge that there Yes ~ Unk Yes No Uric Yes has been previously, any stained soli on the propem? 10a. Are there currently any registered or unregistered storage tanks (above Yes 1~ Unk Yes No Unk Yes N or underground) located on the propem? lOb. Did you observe evidence or do you have any prior knowledge chat Yes I~ Unk Yes No Unit Yes there have been previously, any registered or unregistered storage tanks L/ (above or underground) located on the property? l la. Are there currently any vent pipes, fill pipes, or access ways indicating Yes ~ Unk Yes No Unk Yes /~ a fill pipe protruding from the ground on the property or adjacent to any `/ structure located on the propem'? l lb. Did you observe evidence or do you have any prior knowledge that Yes ~I Unk Yes No Unk Yes there have been previously, any vent pipes, fill pipes, or access ways L/ indicating a fill pipe protruding from the ground on the property of adjacent to any structure located on the property? 12a. Are there currently any flooring, drains, or walls located within the Yes I~ Unk Yes No Unk Yes No facility that are stained by substances other than water or aze emitting foul odors? 12b. Did you observe evidence or do you have any prior knowledge that Yes N~ Unit Yes No Urtk Yes rNo~ there have been previously any flooring, drains, or walls within the facility ~~// that were stained by substances other than water or were emitting foul odors? 13a. If the property is served by a private well ornon-public water system, Yes ~I Unk Yes No Unk ~~''~~ Yes )<Io/ is there evidence ar do you have prior knowledge that contaminants have ~ ~ been identified in the well or system that exceed guidelines applicable io the water svstem? 13b. If the prooelry is serued by a private well ornon-public water system, /~ Yes ~tb Unk Yes iato Unk Yes is there evidence or do you have prior knowledge that the well has been designated as contaminated by any government environmentaUhealth agency'? 14. Does the owner or occupant of the property have any knowledge of Yes ~ Unk Yes No Unit environmental liens or govemmentai notification relating to pas[ or recur- rent violations of environmental laws with respect to the property or any facility located on the propem? 15a. Has the owner or occupant of the property been informed of the past Yes ~l Unk Yes No Unk existence ofhazardoussubstances or petroleum products with respect to the property or any facility located on the property? I Sb. Has the owner oroccunant of the propem been informed of the current Yes I~ Unk Yes No Uric existence afhazardous substances or petroleum products wi th respect to the property or any facility Located on the propem? ~ i 15c. Has the owner or occupant of the properrv been inr"ormed of the past Yes ~1 Urilc Yes No Unit i existence of environmental violations with respect to the property or any facility located on the property'? 15d. Has the owneroroccuoanr of the property been informed of [he current Yes ' Unk Yes No Unit existence of environmental violations with respect to the property or any lam facility located on the properrv? 16. Does the owner or occupant of the property have any knowledge of any Yes to Unit Yes vo Unit I environmenra! site assessment or the property or facility that indicated the i presence ai hazardous substances or petroleum products on, or contamina- tion of, the property or recommended further assessment of the property? i Coo~ri~t O 1996 AMERIGN SOCIETY FOR TESTING AND MATERIALS. Wet Comhooadcen PA This aocument u an e zrrm~of E1528-96:Sunoud Pneua for Env~mnmentai Si¢Assusmrrcc•Tne<.~cnnn Scrr r.n a,.,.~.« ..,~:~~:. „~d..,e.:,,..w:,... ,.-..: ~rn..~___...~~ ... ----____ --.---, . The preparer of the transaction screen questionnaire must complete and sign the following statement. ' (For definition of preparer and user, see 5.3 or 3.3.25 of ASTM Practice E 1528-96.) . This questionnaire was completed by: Name ~ / /vYi f 7~* Title ~ ~- S / ~ ~'' r l Firm ~c'1~--, v~,~~,-~ ~ l~l /~ rz~ ~ v~..~ L Address ~ Z C'am'` f ~ Z ~ ~ ~ Phone number °~~ ~ ~ ~-`~` Z 3 S 3 Date S~~t l5 /S9~' If the preparer is different than the user, complete the following: // Name of user w~l ~ /`~Jv~~ ~~-el~~^-~ f~-~x~ ~~ /~~ ~~ 6l User's address /~`s7 ~ ~~.. Sf' ~~S't~ __ ~~ i~ i ~ User's phone number ~-©~" 1~~~3 - ~3 o Z// Preparer's relati@aship to site Preparer's relationship to user S~ ~7~--( (for example,_ptincipal, employee, agent, consultant) Copies of the completed questionnaire have been filed at: s ~'~ ~ if f Copies of the completed questionnaire have been mailed or delivered to: "I/~,r~ (~~~-~/ tel.! ~~,.~ 1J~ ~~~~~ Preparer represents that to the best of the preparer's knowledge the above statements and facts are true and correct and to the best of the pre arer's actual lmowledge, no material facts have been suppressed or misstated. Signature ~ ~~~ Date / Signature Date Signature Date Cogmght O 1996 AMERIGN SOCIETY FOR TE.STBYG AND MATERIALS. 1Vct C'anst[ohodcen PA This dxumen[ u an ezcemt ai E IS?8-96: Sundard Prscuce for Environmental Site Assessmenrs: Ttansacuan Scnxs Process, which is unaer Ne runsdicuon o(ASTM Cummutte E-50 on Env[ronmenrai Assessmen[ and is me di+u[ rrsponstpiliry of Supcommutee E 50.02 on Cummemal Reaj Es.+r~ Transacuotu. This quesuonnatm reoresenct only Secuons 5 and 6 of Pracarx E 1528-96 and shoved no[ be conswm u pang Ne comoiete sranaard. It s necessary to refer ro the lull stantiaN poor to using Nis auesuonnaue. For Ne comoie[e srartdard. or to order additional coq[es of Ihis yucsuonnwc conrur ASTM Cusmmer Semce a 16101 832-9585. Question Owner Occupants Observed During (if applicable) Site Visit 17. Does the owner or occupant of the property know of any past, threat- Yes o Unk Yes No Unk ened. or pending lawsuits or administrative proceeaings concerning a release or threatened release of any hazardous substance or petroleum products involving the propem by any owner or occupant of the property? i8a.Doesthepropemdischargewastewacer,onoradjacenttorheproperty, Yes No Unk Yes No Unk es No other than storm water, into a storm water sewe! system? 18b. Does the property discharge waste water, on or adjacent to the h Yes N~ Unk Yes No Unk 'y'es propem, ot er than storm water, into a sanitary sewer system? 19. Did you observe evidence or do you have any prior knowledge that any o Yes Al Unk Yes No Unk Yes No Hazard us substances or petroleum products, unidentified waste materials, tires, automotive or industrial batteries, or any other waste materials have been dumped above grade, buried and/or burned on the property? 20. Is there a transformer, capacitor, or any hydraulic equipment for which Yes No Unk Yes No Unk Yes there are any records indicating the presence of PCBs? v Government Records/Historical Sources Inquiry (See guide, Section 10 of ASTM Practice E 1528-96) ' 21. Do any of the following Federal government record systems list the property or any property within the circumference of the area noted below: National Priorities List (NPL) -within 1.0 mile (1.6 km)? Yes o CERCLIS List-within 0.5 mile (0.8 lap)? ~ Yes o RCRA CORRACTS Facilities-within 1.0 mile (1.6 km)? -- -- Yes RCRA non-CORRACTS TSD Facilities-within 1.5 mile (0.8 km)? Yes 22. Do any of the following state record systems list the property or any property within the circumference of the area noted below; List maintained by state environmental agency of hazardous waste sites identified for investigation or remediation that is the state agency equivalen[ to NPL-within approximately 1.0 mile (1.6 km)? Yes- No }~f~ List maintained by state environmental. agency of sites identified for investigation or remediation that is the state equivalent to CERCLIS within 0.5 mile (0.8 km)? Yes No Leaking Underground Storage Tank (LUST) List-within 0.5 mile (0.8 km)? es No Solid Waste/Landfill Facilities-within 0.5 mile (0.8 km)? Yes 23. Based upon a review of fire insurance maps or consultation with the local fire de aranent p serving the property, all as specified in the guide, are any buildings or other improvements on the property or on an adioining property identified as having been used far an industrial use or uses likely to lead to co nt amination of th e prope ? Yes No m ~/J / / l ~ ~ (.~ ~ /~/! Lc...+ L~ /~G 1/ d SS ~9rtQ! 2i! (~/i'e? / !/NSYIZ! ~ NiI"~ ~" l L~~ - lD~ Qoes ue ~>,~ r~~ ~ ~,t~l{ rKZ, ~ u .~-~'~ ~~~~-~j N/A Caornght O 1 YY6 AMERIGN SOCIE-IY FOR TFS77NG ANp MA'IERIAIS. Wa[ l_'o~uhohoclcev, Sic aocumeneu an ezcero[otE 1523-u6~~unaard Pmcv«:~.:...,....____._~~:._ .________._. r_. Photograph to west. The Idaho Department of Law Enforcement is located adjacent to the Subject Property. It is an industrial or commercial use of adjoining property. Photograph of Cropland. Question T28 is answered "yes" because irrigation return flows are discharged from the Subject Property. MERIDIAN CITY COUNCIL AGENDA TUESDAY, NOVEMBER 30, 1999 6:30 PM CITY COUNCIL CHAMBERS ROLL CALL: X RON ANDERSON X GLENN BENTLEY arrived at 6:50 pm X KEITH BIRD X CHARLIE ROUNTREE X MAYOR ROBERT CORRIE AGENDA 1. EMPLOYEE INSURANCE BENEFIT PACKAGE RECOMMENDATION: APPROVED RECOMMENDATION FROM SEABURY 8t SMITH 2. PROPOSED LAND PURCHASE FOR FUTURE POLICE STATION: APPROVED PURCHASE OF 10+/- ACRES AT $1.85 PER SQUARE FOOT Meridian. City Council Special Meeting November 30, 1999 Page 7 Corrie: The next item is the land purchase. Chief, do you want to say anything before we - 1 think we've all discussed this at one time. Council, have any questions in reference to this? Maybe we just make sure (inaudible) - Gordon: We've got Dave Williams, the realtor handling the properties here. Maybe he could - (inaudible). Nothing's changed. Bird: I've got a question on this, and this has been brought up by - Cowie: Okay, Mr. Bird. Bird: -some Councilmen coming in. What is that zoned out there right now? It's zoned residential, isn't it? Gordon: Single-family residential. Bird: Single-family residential. What does single-family residential selling for now by the acre? Gordon: Oh, 1 wouldn't even want to guess. Dave? Bird: Dave can tell us. Williams: $25,000. Cowie: $25,000 an acre? Okay. Mr. Rountree. Rountree: I really have no questions. I have some comments. Come: You have a comment? No questions? Anderson: Did we ever research the cost of going all the way to Locust Grove and we had talked about the possibility of a land exchange for right-of-way with Ada County Highway District? Was that option explored? Gordon: Not with me. Cowie: Let's have Dave come up. Williams: Mayor Corrie, City Council members, my name's Dave Williams of Diamond Properties. I'm a broker for the State of Idaho. I represent Howell Murdoch Development Corporation; they own the 20 acres that consists of the ten acres that Mayor Corrie is interested in for the City Police Department. We presently are under platting for the 15 acres contiguous to the west that abuts Stratford, and we're going before City Council, I believe, December 7"', the final Meridian City Council Special Meeting November 30, 1999 Page 8 plat approval. Upon that final plat approval, we will, as soon as vve receive from the engineers, et cetera, our platting map. We will be extending Water Tower to the east from Stratford to and contiguous to the ten-acre parcel that you folks are interested in. Eventually, that will continue on to Locust Grove. Presently, the ten acres being a part of 20-acre parcel that goes all the way to Locust Grove is not in the city limits; however, the 15 acres we are developing, of course, is in the city limits. We are contiguous, before you develop your portion of that property, if you were to purchase it, you would need to annex it which vve would also go ahead and annex the balance of the ten acres. According to Shari Stiles, this area has been indicated to in the new Comp Plan, fall under commercial designation, not an R-G or residential designation. That, of course, is why that land price. We were approached as to whether or not we'd be interested in selling the ten-acre parcel, and offered it at $1.85 a square foot. I've been informed that if City doesn't buy it, I'm to put it on the market for $2.25 a square foot. The 15-acre parcel we will be developing into one-acre lots, and those will be priced at $3.50 a square foot. I believe that the $1.85 a square foot is a very fair price. I'm surprised they're willing to sell it at that other than the fact that I do know that they have another place on a residential development that they want to invest these monies. As far as any other questions, I think somebody mentioned something to the effect of a trade on ACHD, and I assume that is a trade to gain easement for the expansion of Locust Grove. Anderson: Let me ask you my original question so you could answer that just straight forward. When we reviewed the piece of property, it looked like it would be a small strip of land left between the piece of property that we would be purchasing and Locust Grove. Our question was what would the price be of that additional section of ground and then just purchase the entire section all the way to Locust Grove and then that way we could possibly trade part of the right-of- way on that to Ada County Highway District and help to get an overpass put over Locust Grove? Williams: I see. I understand your question now. There's -there would be approximately 313 feet to Locust Grove, and it's my understanding that the owner does not want to sell that. They wanted that frontage on Locust Grove. I can certainly ask them that question if they would be willing to consider a sale. Bird: 313 by what? Williams: It would be 313 by 430. Bird: 430? Williams: Uh-huh. Bird: Mr. Mayor. Meridian City Council Special Meeting November 30, 1999 Page 9 Come: Mr. Bird. Bird: Dave, we'd also discussed at one time, if we purchase this, we have talked to Ada County Highway District, and we're going to have to help get some right- of-way there if we want the overpass over Locust Grove which we feel is a very important necessity to get started. If by purchasing this, if we could get them to donate, sell cheap to us or something, 45 feet along the front there. That was what we had also discussed. We thought, Ron said, we'd discussed going on out and getting the whole thing. I can see right now we can't do that. There's too many square foot. Cowie: They don't (inaudible) not here anyway. Bird: They don't own the properties that go to Locust? Anderson: No. We don't. You had discussed extending that - (inaudible) Water Tower all the way through to Locust Grove. If we purchase this parcel of land, what will that do to the future plan and extension of that road? Will that make us responsible for half of that roadway going through there? Williams: That is correct. Corrie: So the property line will be in the middle of the street? Williams: Middle of the road. And they certainly, in the sale of the ten acres, would want an easement or half of the road on your ten-acre parcel. Anderson: And does this developer -when it's his plan for extending this road - Williams: Well, a lot of that will be determined by how quickly the Comp Plan gets put in place, and we are looking at coming in for annexation, and we're reviewing those thoughts and ideas right now. Certainly they would look to develop it very soon, particularly if they sell this ten-acre parcel to you folks. I imagine that we would have to enter into some type of agreement on that extension of Water Tower. The Mayor and I have (inaudible) talked about maybe having a time period in mind; something under contract; whereas the owner would extend Water Tower through to Locust Grove at a (inaudible) time. Cowie: Any other questions? Mr. Rountree, you want to make a comment? Rountree: Yeah. One concern I had was the fact that it is zoned single-family residential at this point, then the County - if we were to purchase this county at the present time, we would also have to go through a Comp Plan amendment process or wait until such time as we had our Comp Plan revised and make sure that the Comp Plan would reflect that this area is something other than single- Meridian City Council Special Meeting November 30, 1999 Page 10 family residential. First issue. The second issue is just talking about, Ron was talking about, is we don't have anything definite in terms of development of the extension of Water Tower, and we haven't figured into the cost of this particular parcel our cost of providing half of a roadway and our cost of participating in the extension to the sewer and water, so those are additional costs that we would have to factor into this particular purchase. I'm pointing those out so we don't forget these things. I know some people get the impression that I have it out for the police department, but I think that the Chief will reflect back about four years ago when he took me through the current building, my comment was you need a new building, you don't have anyplace to even hang guys on the wall let along have offices for them. I'm sympathetic with the need, but I'm looking at this a little closer because I think we got our track shoes on and got it going on a piece of property for the Fire Department a little too quick over there, and we've got ourselves trapped into some issues that are going to be fairly expensive to deal with. I don't want to get us unknowingly in this situation as this piece of property. I guess the last real issue I have is that in my mind, I'm not sure that this is the right location for community oriented public safety type building. Now I may be wrong, but I don't have any idea what's going to be built around that place. We're going to have one acre subdivision on either side of Water Tower coming up to this particular piece of property, and we're going to have one acre subdivision to the north of it. I guess I'm a bit uneasy of having this facility isolated in what could be a fairly heavy duty and not necessarily very aesthetic or enticing to the public to come to the police station. Just a concern. Something to think about. When we get down to the price per square foot, it's a great deal it seems for commercial property. It's not a terrific deal for single-family. Having said that, I don't know if there's any other comments or if anybody else has any thoughts on the property, but 1 just wanted to point those things out that I'd observed over the weeks of mulling over this particular piece of property and our action this evening or the near future on whether or not we acquire it. Corrie: All right. Anyone else? Anderson: Mr. Mayor. Come: Mr. Anderson. Anderson: I haven't really given much thought to the surrounding development. I've been thinking more about the size of the property and the cost per square foot, so I think maybe I'd like to hear from Chief Gordon on what your thoughts would be and how this would impact your facility if this all turned out to be commercial and warehouse type of businesses around there. Does that have an impact at all upon your facility? Gordon: No. In fact, that's the preferred location is strictly commercial. I think what we're going to see there is what we're already starting to see, and that's Meridian City Council Special Meeting November 30, 1999 Page 11 Micron to the west, the computer outfit to the south, the Stonebridge is putting in smaller commercial buildings which are not really industrial, but they're more of daytime .business type operations. In fact, we were just talking, Tammy wanted to know the same thing, and we don't fit in residential areas because we're not really good neighbors. We're pretty noisy. We test sirens all hours of the night, we usually get the clientele after the sun goes down, and the average person doesn't want their neighborhood. The recommended location is in commercial area, and that fits right there. The overpass gives us access, and here again, what you see now is just a field of stubble. In five to ten years, we're going to have access to Franklin off of Stonebridge. We're going to have access off of Locust Grove, we're going to have access across the road, and we're going to have access clear to East First Street. Unlike fire departments, we don't need, we don't respond from station., but I think it would be a good location for the services that we are going to provide and the walk-in traffic for law enforcement. There are better locations, I'm sure, but they're a heck of a lot more expensive, too. Ideal location would be -just checking to see if the press is here. I always get my foot in my mouth when they're around, but - Cowie: They're hiding somewhere. Gordon: Martin's here. Is tear the creamery down and Zamzov~s and put us right there. That'd be the ideal location. Just build up. I foresee that as a growth area, or the next block over. But how long is it going to take for that to be tom down, cleaned up, and then the cost, you know, nobody even knows what the cost is going to be there. I'm satisfied with the location, and some of the fringe benefits are the Department of Law Enforcement is right there. We do a lot of work with the lab, we do a lot of work with the training facility, and we'd have access to all of that. A lot of police departments now have to put in weight rooms, workout rooms and everything is right there. We've been using it since they went in. So we're getting a lot of benefits of being close. As far as the zoning, I think that'd be up to you guys in the Impact Area. That answer your question - Anderson: Yes. Thank you. Gordon: -- without going too far? Anderson: Just something with the guys named Bill, I guess. Bird: Mr. Mayor. Cowie: Mr. Bird. Bird: Chief, we would not have to put that road through to start with, put the building in, would we ? Meridian City Council Special Meeting November 30, 1999 Page 12 Gordon: No, sir. Bird: There would be no - Gordon: Just access through the parking lot would be enough for now. Here again, that would have to be approved through the Council, Planning and Zoning. Bird: (inaudible). 1 like the price of the land. This is a comment more than anything. I agree with Charlie on a lot of stuff. I don't know if that's the ideal location; I think it is. When Chief approached me, I asked him seeing how I'm not the law enforcement business and don't know where they want to run out of. I think that would be his primary place, but I think the price of the land - we can come downtown, I doubt if we can find anything, but by the time we get the dirty dirt cleaned up ready to build, we're probably looking at $12 to $13 a square foot if we can find that much land. We don't need ten acres to start with, but I think that down the road you will need ten acres. One of these days. Probably most of us in the room won't see it, but I think something we can plan ahead for, for once in our lives. In 1987 they thought this building would last for 50 years, but by having the area, we don't have to worry. We know that land is not going to go down unless there's a real bad fall in the economy, so as long as the police department thinks that is the location, the price of the land is as cheap as we found. Ron and I got real educated on prices of land when we looked for land for the fire station around this area. I think it's a decent buy if you guys -that's just my opinion. Corrie: Any other comments? Anderson: I have one additional comment. Corrie: Okay. Mr. Anderson. Anderson: I, too, think it's a good price in the land and listening to Chief Cordon's explanation; it sounds like it would be a fairly good location, very functional. I guess as kind of a side note, this is a pretty expensive piece of property, and not to get your hopes up too much or to burst your bubble, but there may not be money immediately to build the building, and so I think we are looking ahead, and we're probably going to find in favor of purchasing this land, but it may be a couple of years off before we find enough money to actually build the building, I guess, is in my mind. Gordon: We're on the fringe or on the border of another double-wide trailer, wouldn't be opposed to putting it out on that farmland, but that's where we're at now. Our double-wide's full again, so - Bird: I don't think we can allow that. Meridian City Council Special Meeting November 30, 1999 Page 13 Gordon: We can put the double-wides out there. Temporary facility. Corrie: Okay. Any other comments? Bird: Did you plan on passing, getting this done? Corrie: Yeah. That's why we had the meeting. Okay. I'll entertain a motion on the ten-acre site. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we purchase ten acres which is for 140,000 square feet at a buck 85 a square foot which comes to about $845,000, I believe. Corrie: $805,860. Bird: For future site of Meridian Police Department. Bentley: Second. Come: Okay. Motion to accept the ten acres at $805,860 or $1.85 a square foot on the Water Tower Road between Locust Grove and Stratford Drive. Any other discussion? Hearing none, we'll go roll-call vote on this; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Come: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Before I cast my vote, I just challenge the future Council people and the President Council people that will be going on in the future to continue to push for the Locust Grove overpass. Bird: We will. Bentley: Most definitely. Meridian City Council Special Meeting November 30, 1999 Page 14 Rountree: And the extension of Water Tower as part of the acquisition of this particular piece of property. With that, I vote aye. MOTION CARRIED: ALL AYES Bird: Mr. Mayor. Cowie: Mr. Bird. Bird: One reply, you fight hard at the state level. Rountree: I think I got it started already. Cowie: I think it's started already. Okay. That concludes the special meeting of the City Council. I guess, Mr. Gigray, do we need to close this one and open up this for the workshop? Gigray: Mr. Mayor, members of the Council, since it's been noticed that way, I suppose you could proceed in that fashion so it's clear under what agenda you're running under. Bird: Mr. Mayor. Come: Mr. Bird. Bird: I move that we close the special meeting. Bentley: Second. Corrie: Okay. Motion's made to close this special meeting at 7:15. All those in favor say aye. Meridian City Council Special Meeting November 30, 1999 Page 15 MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED( ' O ERT D. C RRIE, MAYOR `\~~,~+~~r~urrpy~~ i -_ SEAL = 9~ 1~~~ Q' •,. ~rNrrrttit n~a~~~~~ ATTEST: Lam, ILLIAM G. BERG, JR., I CLERK KUB OF TRE.~ISURE VALLE3t Vlay'at ROBERT D. CORRIE A Good Place to Live C,~~ C~,~~~~~ Members CITY OF MERIDIAI'~ CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 836x2 RON ANDERSON (208) 888-4433 • Fax (208) 887-48 l3 KEITH B[RD City Clerk Fax (208) 888-4218 NOTICE OF SPECIAL MEETING LEGAL DEPARTMEN;' (203) 238-2399 • Fax 238-250! PUBLIC WORKS BUILDING DEPARTMENT (308) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (203) 884-5533 • Faz 887-1297 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at Meridian City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, November 30th, 1999 at 6:30 P.M. The City Council will meet for the following: Employee Benefit Package for Insurance Benefits: Possible Land Purchase: The public is welcome to attend. DATED this 23rd day of November, 1999. ``\~.~u u u r r r r-i~ f~~~ ~ ,~,, ~, S~~L Q ~ i1~~TiLG--~p WILLIAM G. BERG, JR. - I CLERK / ~3s~ interoffice M E M O R A N D U M To: Mayor Robert D. Corrie and City Council tw~ar~~~ 30 ~si~ ~o~~~~ ~~oa~nt cc: Chief Bill Gordon and Ga Smith, Public Works : ~ - -- D1CTA~E.D 1;'( ATTQFi~E~ A'lD . ~ _ From: Wm. F. Gigray, III SE~iT ~,'~lT~D1JT S1Cl:.TiJi?~ !"~ ~~~~~~ N1S ACSf=~3CE Tt~ A't0ii~ vE~;~Y Subject: New Police Station Site /File No. 3.5.6 Date: December 27, 1999 ATTORNEY/CLIENT PRIVILEGE (Not intended to be disclosed to third persons without permission of the Mayor and City Council) Mayor Corrie and Council: This memo is to provide you with an update on the negotiations and issues associated with the purchase of the ne~v police station site. I strongly recommend that the Council give due consideration, and clear direction, in this matter so that the realtor is given precise direction as to advise the Seller of the City's position. ACTIONS TO DATE: - The Mayor and City Cleric have executed the Exclusive Buyer Representation Agreement with Dave Williams, and have executed and submitted to the Seller the "Commercial/Investment Real Estate Purchase and Sale Agreement" for $805,860.00, subject to the conditions of Resolution No. 277 to perform the due diligence review. - The Seller provided the Transaction Screen Environmental Site Assessment dated September 15, 1998. - The Seller returned the "Commercial/Investment Real Estate Purchase and Sale Agreement" with "Development Agreement File Page 2 December 27, 1999 Addendum" which provides additional terms regarding the 20 acre site of which the City is proposing to purchase a 10 acre parcel. The additional terms require the City to be a co- developer with the Seller after the sale for the 20 acre parcel in the following regard: 1. Seller shall plat, at Seller's expense, the remaining 10 acres and which plat will include the northern 29' of the City's parcel which is proposed to be dedicated for street and utility right-of- way. 2. The plat shall be submitted within 2 years from the closing date. 3. The City shall join in the plat. 4. The northern 29' of the City's parcel,..together with the 29'. which adjoins it to the north from the Seller, are to be dedicated and developed as a street and utility right-of- way. 5. The Seller shad, within 6 months of the date of the approval of the final plat, construct the roadway and infrastructure at least along the northern entire 1,013 foot length of City's parcel. Infrastructure to include road, curbs, gutters, sidewalks, sewer, water, power, cable, gas and telephone. City's stub in as required by City to be included. City is to pay for cost of utility stub outs to City parcel and all other infrastructure along the 1,013 feet to be paid '/z by City and '/z by Seller. 6. City to pay Seller for its half, estimated at $152,000, within 30 days of final completion of roadway and infrastructure. File Page 3 December 27, 1999 PRIMARY CONSIDERATIONS OF PARTIES: SELLER: • The cost per square foot is based upon a quick sale which would close on or before the 15th of March, 2000. • Having a commitment to defray ~/z development costs of the road and utilities across the 20 acres. BUYER (CITY): • Purchase of a parcel that is suitable for the construction and operation of the police station, and related facilities of the City, at a reasonable cost and within projected budgets. DUE DILIGENCE REVIEW CONSIDERATIONS FOR THE CITY.• Environmental concerns: - Recommendation: ,Update the Transaction Screen Environmental Site Assessment dated September 15, 1998 at a cost of $800.00 to $1,200.00. Land Use Concerns: 1. The property has not been subdivided and cannot be sold under the City's or County's Subdivision Ordinance. 2. There is no public road access to the property. The subdivision to the west has just been approved by City Council for final plat engineering approval. The plat is not yet recorded and no road or utilities have been installed. 3. Property is currently zoned RT County and cannot be developed for police station use under current zoning. File Page 4 December 27, 1999 4. Property will have to be annexed and zoned. Zone options are considering the proposed use under Meridian zoning la~v and is a "Public &. Quasi-Public Use as a permitted use in L-O zone and a Conditional Use Permit in a R-8 zone. 5. Comprehensive Plan Generalized Land Use Map designates the subject parcel as "Single-Family Residential". Comprehensive Plan amendment recommendations from Planning and Zoning can only occur every 6 months. Expense Concerns: 1. Who pays for the Transaction Screen Environmental Site Assessment update? 2. Who will pay for infrastructure improvements required for site development? 3. City is under a prohibition constitutionally to incur a liability and debt beyond 1 year without an election or without a provision in the agreement subject to appropriation. Possible Actions: 1. Accept the counter offer of the Seller. O Positive: Locked in on price and City obtains site. O Negative: City has a piece of property with no access, not zoned for intended use, illegal subdivision, and $152,000.00 liability and is required to be a co developer of proposed plat. File Page 5 December 27, 1999 2. Propose counter offer with the following possible conditions: a. Seller pay for Transaction Screen Environmental Site Assessment update. b. Seller, at Seller's expense, make application and obtain approval from County for administrative lot split which split to show dedication of northern 29' for roadway and utilities. c. Seller make application for annexation and zoning of R-8 [allows Single-Family Residential] and does not require Comprehensive Plan Amendment. City would have to obtain a conditional use permit. The agreement would have to include a provision that the Council does not express an opinion about the advisability of such a zoning designation, and expressly reserves judgment of the same until the completion of the public hearing process associated therewith. d. Seller be required to complete infrastructure improvements of construction of D.J. Subdivision to the west for road, sewer, water, power, cable, gas and telephone to site and stub in cul-de-sac as access to City parcel within 1 year of closing at Seller's expense. e. City agree to place an amount not greater than $152,000.00 in escrow which shall be in an interest bearing account for the payment to Seller upon completion of infrastructure improvements in right-of-way across the 20 acre parcel. This would be considered part of the purchase price payable subject to these File Page 6 December 27, 1999 conditions with the Seller being responsible for construction. These conditions would eliminate some problems for the City as follows: First: It would assure that the property would be served by public streets and was a legal parcel. Second: The conditions would provide that the City is buying the parcel with the dedication already made and subject to the same. {This would eliminate the need for the City to join the subdivision application. } Third: The conditions would provide for a Land Use Zone and Annexation into the City without the City joining in the application, and allow for public hearings to determine. the advisability of this designation given concerns of affected property owners, and protect the Council's ability to sit in judgment of the application. Fourth: The conditions would also assure the development of the remaining 10 acres at Seller's expense and would provide for the expenditure in this. fiscal year and would not result in a liability or debt beyond one year. Z:\Work\M\Meridian 15360M\Police DeptWew Police Station PropertyWlayorCounci1122799.Mem Meridian City Council March 2, 1999 Page 38 City of Meridian to have access to a sewer mainline that they maintain down at the bottom of our property, which will be between two properties eventually, there needs to be some type of a road down there that gives access. Currently right now there is a field of weeds. What we are proposing is that we would make a road that is well maintained, graveled, without weeds, that would be the width of a truck to get down there. We do have a building down there, but like Shari, we are concemed about how that building looks. We have asked Clinton Yark (sic) our architect to come up with some kind of landscape design that we can actually incorporate into that building out of rocks and our theme of our park that would blend into what we are doing in the park, so that building rather than looking like a concrete building, now looks like part of our park and blends into the landscape. So we are concerned about that and hopefully when we get those drawings done, that will maybe suffice to what you need. Also remembering that as people are driving by on that freeway side, I don't know exactly- how wide is the road? Ten feet, we've only got ten feet of gravel there that we'll have on a road base, that will be kept weed free, completely clean and right behind that will be a beautiful landscaped water park. I really think that the gravel piece through there will not detract from the theme that Shari is trying to get and that is to have that gateway into Meridian a very beautiful and attractive first impression on peoples eyes as they drive by. So we are in agreement with you and we will do what we can to make sure that meets your satisfaction. Cowie: Okay Reed, 1 think that is going to be okay. 1 think you need to get together and make out those arrangements and I'm not going to hold you up because of negotiations here, so you can still work out there and just work with Shari and the people here and by the 16"' of March, we will have a little more handle on it. DEPARTMENT REPORTS: CHIEF GORDON: POLICE BUILDING: Gordon: I recently attended a seminar in Portland on designing and constructing police facilities in preparation for new police building or a remodel of existing buildings. At that seminar, I met an architect out of the Portland area who was raised in Meridian and does business in Idaho with CHSQA. They do reciprocal work in both states. He came over here, made a dual trip to visit relatives and also requested to sit down and talk to myself and possibly a couple of Councilmen to discuss what we were looking at and possibly give us some ideas. Last week Councilman Bird and myself met with this architect Russ Hansen and after a long lengthy discussion and looking at the needs assessment that was done by ZGA for the city, he suggested that we look at a feasibility study to give the city some options on what to look at. Existing buildings, remodels, new structures and also the types of structures. One level versus multi story, give the city some kind of an option as far as expenses now and in the future. Councilman Bird and I both thought it would be a good opportunity now to maybe get the jump on something and at least get some options. With that... Meridian City Counal March 2, 1999 Page 39 Bird: After talking to Russ, by the way Captain Bowman and Captain Musser were both involved too, which was very good. He had some good ideas. You know our plans being if and when we build a new city hall, we would move the police department down here, if you look at the assessment, space assessment and stuff that ZGA did, all we are doing is moving from a size 10 shoe to a size 11 shoe box. Once you remodel this to the police department, it would not be good for anything else. If we grow-I was amazed by the study that the parents brought in will be 90,000 in 2010, I don't think we will be quite that, but after talking to Russ and having done some work in some jail facilities, I realized they are a building of their own. Once you build it, that's all you are going to get out of it. It's like a fire station or something else, you are not going to sell it down the road for an office building or something like that, you know, because that's all it's for. I would like to see-it's not a real expensive item, Russ would do it on a need assessment for us, on whether we forego remodeling this, look into a new-he can do atl this and he felt that 9,000 would be more than enough to cover his assessment. Chief and I had talked about it and I think it's something that we need to get ready so that when we do or need to move we are not waiting a year to get the assessment to find out what we need. That's all I'll say. Corrie: Comments, questions? Rountree: My only concern would be the shelf life of such an assessment. We don't know for sure, we haven't set a particular course of action on any of the city buildings at this point in time, we are looking at a city hall, and we have looked at space studies. We could jump right out and do this feasibility study and it could lay on the shelf with the other things that we've done, so to me it's a timing issue, it's not a needs issue. I agree with what you are saying, we do need to do it, but do we do it right novN? I'm of the opinion that we probably ought not to. Probably we ought to do some more planning as to what we need to do in the city, once we have a course of action set that is one of the things we plot in that course of action. The feasibility of we'll have this, we will have the fire station, we will have the existing police department building. Is our course of action to sell them all? We need to know that, but to me it's a timing thing. It's not the fact that we don't need it, I think we do need to do it. I would prefer that we maybe defer until we know what we are going to do a little more with the other issues. That's my opinion. Anderson: I wouldn't disagree with Councilman Rountree, I just had a question on the actual building itself. Is there any merit to including jail space-can additional funding be available by housing prisoners and is there a need in the future to have jail space here in Meridian? Gordon: Mr_ Mayor, Councilman Anderson, that's an extremely dirty word when you talk about a municipality having jail space. The plan was for four rooms of detention facilities. There is an extremely large amount of liability goes with jail or detention facilities and I really don't think that the city would even want to get close to something Meridian City Counal March 2, 1999 Page 40 like that. I know the marshals would look at us if we were-if we had a capacity level of 100 people or larger. Prior to working for Meridian, I was a Chief Deputy in Bingham County and I ran a jail. When you start housing other prisoners you don't get the best of the prisoners and usually the $18-25 a day that you receive is a fractal amount of what it actually cost to house those people. I don't think we even want to look at anything other than detention. Those would be less 1Venou some eye opene~s aslfar aspcost f rl'm sure Sheriff Kalem (sic) could rea y g y prisoners and with the legalities now and the civil actions, that would-I wouldn't have enough people on my staff right now to take care of the jail. Anderson: Is the county going to be able to continue to house all those people? If we are talking about us being 75,000-80,000 here in 10-15 years, they are going to have to go somewhere. Gordon: Creative management is what we've been doing so far. Here again, we are getting down to who we lock up and who we don't lock up and that changes and there is a lot of things that they are looking at. The bracelets and the anklets and-I could give you a lot of off the wall things, but they will manage the county is required to take all the prisoners. They are still looking at the privatization of storage of prisoners. That facility I guess is still in the works. Where it's at I'm not realty familiar with. I don't know. To back up a bit, if the council wanted to pursue looking at a facility to house people, it would be on a private basis. I could look into it. Boy, I don't have much hair now and would have even less after running a jail again. (Inaudible) Gordon: So to kind of answer your question, I would really rather not, but I will if that is the direction of the council. Corrie: Does Bentley have any comments on it? Bird: I guess the feeling is that we probably better hang loose for-I would like to see the chief put it in his budget for next year whether we use it or not Charlie. Rountree: I don't have a problem with that, but what I would like to see is that it be down on paper so that we can keep it on a radar screen and we don't loose sight of it when we do get down to that stage. Make sure we don't forget to factor it in. Corrie: Have you been to Washington DC lately, that's all they've talked about, put it on the radar screen. Rountree: Get it on the radar screen, I've got a phone line. Meridian City Council March 2, 1999 Page 41 Gordon: This architect, one of the things that he wanted, he said that time was not really that much of an issue, because you could-once you had things figured out, you could go by the cost of living increase and the cost of the property. He was going by, him and Councilman Bird were speaking the same language and a lot of the times 1 didn't really fully understand. They were talking about the cost of dirty dirt and clean dirt, but they understood what they were talking about. Evidently those costs don't ever-the values don't change other than with the going market. That's what he said, you could do it now, or do it later, but it would still be a value to you so. I was just looking at getting a start on things. The idea was not to crowd the council on the new city hall and Councilman Bird and I talked about that. (Inaudible) Gordon: Thank you gentlemen, that's all I had. Bird: Thank you Chief. DEPARTMENT REPORTS: GLENN BENTLEY: MERIDIAN OVERPASS: (inaudible) Bentley: Tom Kuntz and I wound up speaking with Clair Bowman the other day. We were looking for some answers on mitigation funds to do some landscaping on the freeway. We stumbled on to the M he br dRes built and th snneeds~to be restructuredPle of ideas. We are all looking to ge 9 It's a 31 year old bridge. In the course of the discussion we were asking what we could do to this if it was feasible to do, by feasible is what's the shelf life of this bridge going to be. Clair suggested that we approach ITD and have them do an engineering study and see if this bridge will last ten years. The purpose for that is we offer up some improvements that need to be made. One v~rould be in order to access the water park and Boondocks, which is over here, this is Overland Road here. One would be to get a light crossing to get pedestrians through here and a pedestrian walkway on the west side of the bridge. Again, over here they have scheduled I think is it 2002 or 2003, Charlie, for this light in here? Rountree: Glenn I don't know what the timing is on that. Bentley: I've seen it on a sheet, but I can't remember the date to control the lights here. They are going to add the second left tum lane 1 believe this year down here. So we will have two left turn lanes from the west bound going on. I suggested that we need to improve this light at Overland Road so we've got-currently now we've got the five way on Overland road, but we only have the arrow turn for Meridian Road to access either direction. I also suggested that they take this on ramp going to Boise East bound and Meridian City Council Meeting September 21, 1999 Page 82 Anderson: So you would write some comment back to Ada County on behalf of us? Stiles: If that's what you want me to do, yeah. Rountree: I guess what you're asking is direction from Council, and what I'm hearing is Council is not favorable to this proposal, and that maybe the suggestion is if you would draft a letter in that regard to whomever has requested our comments for the Mayor and Council's signature. Bird: That's what Pm asking for, and I'm definitely not in favor of it. I think they've taken enough of our -not that this is top ground, but -- Rountree: Well, it won't be the first time that we've taken this position. Bird: No. It won't be the last. At least we got a commissioner now. Rountree: (inaudible) done any good, but. Stiles: So is that unanimous? Bird: You better believe -well, it is on my part. Bentley: Amen. Rountree: Do you want to make a motion to that effect or is that sufficient direction for you? Bird: Is that sufficient direction or do you want a motion? Stiles: That's fine with me. Bird: Okay. Stiles: Thanks. Rountree: Mr. Bentley. E. GLENN BENTLEY 1. DONATION FROM CHAMBER OF COMMERCE AND CITY OF MERIDIAN. (DISCUSS LATER) Bentley: Yes. Mayor asked me to pass on a couple of things. Everybody got a copy, I believe, of the letter from the Chamber concerning the donation they're liking to do for the Treasure Valley Partnership to work together to bring commercial growth, companies, to the Meridian and Boise area. They're asking fora $10,000, they're asking Meridian City Council Meeting September 21, 1999 Page 8~ the City to put up $5,000 and the Chamber is already, by this letter, matching our $5,000 if we put it up. So, I'd like to know what our pleasure is on that. Rountree: Mr. Anderson. Anderson: I have a question. My understanding is Meridian was part of the auditorium district that was being proposed between Nampa and Caldwell that the purpose of that would be to help promote tourism and to bring more business into the community, and they were proposing funding that through ahotel-motel tax, and Meridian's chamber chose not to be a part of that. I guess I'm a little bit curious why we wouldn't be in favor of something like that, and now we want to take it out of the tax dollars, property tax dollars, to fund the promotion of those types of things, and it would seem like the logical choice would have been to participate in that auditorium district. Rountree: Did he - Anderson: Anybody have any comments? Rountree: Mr. Bird. You've been on the chamber board? Anderson: Yes, sir. Rountree: Well, give us the skinny there. Berg: Well, Mr. President, members of the Council, the presentation from the Nampa auditorium district presented to the Chamber Board, Meridian Chamber of Commerce, was a rush untimely situation that the Chamber didn't understand all the aspects that they were getting into, especially when it is dealing with proposed voting delegation of certain districts. Things were not established that Meridian would have a member on the Board or would not - it was the same thing as from where Boise ends along the freeway to Nampa and Caldwell_ So they were unsure. They thought they were being very pressured and rushed to get this onboard before they had time to analyze the whole proposal. And a decision was to be made immediately, and they were not ready to make that decision. That is one point of view of the board member. The other concern was if it was for sure to be voted on and get it on the ballot for election this fall, and there were some aspects that it might not make it, or they'd have to do some things to get it on there. And I'm not saying that they were opposed to it. They just felt they were being rushed without some specific representation by the Meridian area. So that was one concern. Anderson: My understanding, all they're doing is proposing, getting it on the ballot at this point. And as far as representation, Idon't know - I think that would be something that the Chamber members could discuss among themselves and figure that issue out. I guess I just have a problem laying this back on the taxpayers' backs when they had found a pretty creative way in my mind of funding some of this type of money that could be used for the promotion, tourism, and things like that. I would think that should have been pursued a little bit more. Meridian. City Council Meeting September 21. 1999 Page 84 Rountree: Any other comments? Mr. Bentley? Bentley: Yeah. And a follow up; Eagle has agreed. It is already donated $5,000. Rountree: Mr. Bird. Bird: Mr. President, I have to agree with Ron. I'd want more - I'd like to know more about the presentation before I decide to kick $5,000 out to something like this. I'm to agree with Ron that when this was brought up by the other chambers and everybody jumped on our -didn't go, and I understand Will's scenario of what went down, and I can understand, and so, consequently, I don't want to jump until I hear the tax and what this thing goes for. Rountree: Mr. Bentley. Bentley: Maybe I suggest then that we get -can't get somebody to come in and discuss this at a planning session? Rountree: I guess that my comment would be - I'd welcome any opportunity we can help foster development and/or coordination with the Chamber, and I don't have a problem with the money per se, but I'll bet you that the Chamber's board didn't make this decision without any information, and this is the first time I've heard of this, so - yeah, I would want some information, and that's not because I'm opposed to it, but I just want to have some basis to make a decision. So, yeah. If we can get them either a planning session or maybe even maybe make a presentation in a Council meeting, that would be good. And Glenn, if you want to work that with the Mayor, or if you want to work that with the Chamber, that would be great. Bentley I don't think any of us are opposed to it. We just want to know what the $5,000 are going for. Rountree: So can we just leave it at that, or do we need a motion? We don't need a motion, I don't think. Bird: No. Rountree: We want some information on - to make a reasonable decision whether we approve it or not. Bentley: Right. Got some more for you. Rountree: It's not on the agenda. Bentley: Yeah it is. Meridian City Council Meeting September 21. 1999 Page 8~ Bird: It's not on the agenda. Bentley: We also need to have Pauline Skaggs to be on our Council Planning meeting to discuss the pay raises and the way we're going to go about this. There's some confusion as you know. And also we are going to properly need to discuss, maybe at the planning session about taking out an option on the police, the proposed police site for the building. Need to take out, need to have a discussion about taking out an option to tidy it up so we can see which direction we're going to go with it so we don't lose the land. So if you could put that down for a planning meeting, please. Rountree: Anything else? Bentley: No. That be good. Bird: I'll take care of Bill's. Rountree: You got Chief Gordon's - F. CHIEF GORDON:\ ADDITIONAL COST FOR ANIMAL SHELTER: (APPROVE) Bird: Yeah. I'll take care of the Chief s. Okay. First of all, about the animal shelter which all projects in -you know, we always hope you never have a change order, but it seems like you always do. We had some additional -you guys all got a copy of this - we'd akeady made a change order adjustment for $1,000 and we need another $625 because the Fire Department was $175, Intermountain Gas was $650, Water Department was $300, and Idaho Power was $500 which comes to $1625 in addition, and we'd already authorized $1,000, so I would move that we authorize a change order for the Meridian's new animal shelter for the sum of $625. Bentley: Second. Rountree: Six hundred or sixteen hundred? Bird: No, $600. We -- $625. This is the total addition, and we'd already authorized $1,000 for it. Rountree: Been moved and seconded to authorize a change order for $625.00 for the animal shelter. Discussion? Anderson: Yeah. I think this brings him right up to what he told us originally the thing was going to cost- Bird: It's a little bit under. Meridian City Council Meeting September 21. 1999 Page 86 Rountree: Motion -all those in favor of the motion? MOTION CARR~D: ALL AYES Rountree: Okay. Change order's approved for $625. F. CHIEF CORDON: 2. NEEDS ASSESSMENT STUDY ON NEW POLICE DEPARTMENT BUII.,DING: Bird: Okay. Next item is -all of us know that we're looking at some land and hopefully can start in another year or so on a building, and we need to do like the Fire Department did so that we get some good bids and get our drawings and stuff. We need to get some people on board to do some space assessments, schematic designs and stuff like that so that we can do it. Chief Gordon and I would like to - we have got two proposals, I believe he's going to get a third proposal for an RFP. I realize it's too late in this year to take it out of this year's budget, but this is something that we would like to bring before the Council on September -October 5th, and get this thing going, and at the same time, I know Glenn mentioned about the tying up the property at that time, but that's new budget year, and I would hope that maybe we could just purchase the property at that time. That's what I got. I - if you guys don't mind, we would sure like to bring this forward and see what you think of it for a space analysis and some schematic drawings and stuff. Rountree: Mr. Bentley. Bentley: Do we need three? Bird: We want three, Glenn. One's out of town and one's local. And as you can see looking at that, either they're not bidding apples to apples or something, and so we thought we - we got another local. firm that is very familiar with jails and stui~ so Bill's going to call and ask them if they would give us a proposal too. I think it's smart to have three, that way you know -you know, if I'm bidding a job, I like to have at least two other bidders so if I know if I'm low and the other two are high, it's my screwup. Rountree: Any other questions, discussion, comments? Bird: All I ask, Mr. President, is that okay if we bring this forward for something, the 5th, for approval on -something. Rountree: You want to bring those - Bird: We want to bring those figures at that point to - on October 5th -- Rountree: -- on October 5th? Meridian. City Council Meeting September 21. 1999 Page 87 Bird: -- for approval to get going with it. Rountree: Any discussions, objections to that? I don't know that we need a motion other than to direct the Mayor to put it on the agenda. Anderson: And I agree with Keith because there is such a big discrepancy between these two bids, the third one would be (inaudible) just to see if one of these is out in left field. Rountree: I think we just need to make sure to be cautious about how we're getting bids and we don't - Bird: And this basically is - Rountree: (inaudible) Bird: -- it's a request for proposals that we're asking for, and anybody is willing to do it, but when we only got the two, we felt that with the difference of it, you know, it would just be smart to go back. And this is basically just the start like we did with the Fire Department, and that worked out so well that -you know, when you have seven bidders and 100,000 separates and that means that you had some good planning. Rountree: Okay. Get that on the agenda and make sure that's pointed out for the next meeting. Last thing on our agenda is an executive session. I have no idea what that was about. Anderson: I do. Rountree: Do you? Do we still need it? Anderson: Yes, please. Bird: Yes. Rountree: Okay. If you're going to do it, you need to identify the basis for it. Glenn. Bentley: One final thing I did think of. We do need to set a date to sit down and finish out the details on the budget. EXECUTIVE SESSION: Rountree: Yeah_ That's (inaudible). Well, the last thing on the agenda is the executive session. I need a motion and -- Bird: Go ahead, Ron. You know what it's - Meridian City Council Meeting September 21, 1999 Page 88 Bentley: I would make a motion that we go into executive session to discuss some personnel matters. Bird: Second. Rountree: It's been moved and seconded that we go into executive session pursuant to Idaho Code. Pursuant to -personnel issues - 67-12345; isn't that right? Anderson: 67-2345. (inaudible) Anderson: Aye. Rountree: All in favor? MOTION CARRIED: ALL AYES Anderson: And then you know, one thing I think we're kind of lacked at and it's got us in trouble with this budget. We talk about this stuff, but we just haven't given (inaudible) get this here by such and such and such - Bentley: -- executive session. Rountree: Been moved, do I have a second to come out of Executive Session? Anderson: Second. Rountree: Been moved and seconded to come out of Executive Session. All those in favor? MOTION CARRIED: ALL AYES Rountree: We're out of Executive Session at 12:4b. Meridian City Council Meeting September 21, 1999 Page 89 Bentley: Motion to adjourn? Bird: Second_ Rountree: No decisions were made, no recommendations were made. Motion to adjourn has been moved and seconded. Favor? MOTION CARRIED: ALL AYES Rountree: We're adjourned at 12:47. MEETING ADJOURNED AT 12:47 A.M_ (TAPE OF FILE OF THESE PROCEEDINGS) APPROVED CHARLIE ROLJNTREE, PRESIDENT ATTEST: WII,LIAM G. BERG, JR., CITY CLERK