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2011-05-17"� E-.IDIAN'� ID AHta CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 173 2011 at 7:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Gordon Slyter with Treasure Valley Worship Center 4. Adoption of the Agenda Adopted 5. Proclamation A. Proclamation for National Public Works Week B. Amended onto the Agenda: Proclamation by Brad Miller Regarding the 10 -Mile Interchange 6, Consent Agenda Approved A. Approval of Agreement with Ada County Highway District for Adjustments of Water Valve Lids in Conjunction with Overlay Projects B. Findings of Fact and Conclusions of Law for Approval: MDA 11-003 Meridian Vision by Kevin McElroy Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Amend the Existing Development Agreement (Instrument No. 107067262) to Include a New Site Plan and New Elevations Moved to Item No. 8 C. Final Order for Approval: FP 11-002 Barletta Subdivision by � Russell Hunemiller Located on the Northeast West Side S. Ten Mile Road Midway Between W. Tasa Drive and W. Overland Meridian City Council Meeting Agenda — Tuesday, May 17, 2011 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Road Request: Final Plat Approval Consisting of Two (2) Building Lots and Two (2) Common Lots on Approximately 5.80 Acres of Land D. Final Order for Approval: TEC 11-002 Pinebridge Subdivision by BW Meridian, Inc. Located South of E. Fairview Avenue, East of N. Locust Grove Road and West of N. Eagle Road and North of E. Commercial Street Request :Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on the Final Plat 7, Community Items/Presentations A. Annual Update by Ada County Assessor Robert McQuade B. Presentation by Marj Dougherty of the Lunaria League Regarding the 2011 Garden Tour and Featuring of Seven Meridian Properties C. Sanitary Services Company (SSC) and Solid Waste Advisory Commission (SWAG) Joint Report: Discussion Regarding ,...� Resurrecting the Recycling/Household Waste Revenue Program Motion made to send positive feedback to SWAG regarding resuming the Recycling/Household Waste Revenue Program and request that they bring their recommendations on the operation of the program back to City Council at a future date. 8. Items Moved From Consent Agenda 813. Findings of Fact and Conclusions of Law for Approval: MDA 11-003 Meridian Vision by Devin McElroy Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Amend the Existing Development Agreement (Instrument No. 107087282) to Include a New Site Plan and New Elevations Continued to June 7, 2011 City Council Meeting 9. Action Items A. FP 11-003 Waverly Place by Mountain West Entrust IRA FBO Robert Mortensen IRA Located 2510 Magic View Drive Request: Final Plat Approval of 25 Building Lots and Three (3) ^ Common /Other Lots on 4.9 Acres of Land Approved Meridian City Council Meeting Agenda —Tuesday, May 17, 2011 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 10. Department Reports A. Mayor's Office: Request for Proposal (RFP) Discussion Regarding Old City Hall B. Human Resources Department: Discussion on Committee Review and the Mayor and Council Compensation C. Parks & Legal Departments Joint Report: Discussion Regarding Temporary Use Permits and Special Events D. Parks Department: Budget Amendment for Parks Maintenance Facility Property in the amount of $540,000.00 Approved E. Parks and Legal Departments Joint Report: Purchase and Sale Agreement Between the City of Meridian and Arthur Berry for the Purchase of Approximately 5.45 Acres of Bare Land for a Not -to -Exceed Amount of $840,000.00 Approved F. Public Works Department: Budget Amendment for Inventory Control Specialist G. Public Works Department: Discussion on Possible Amendment fora Geographical Information System (GIS) Technician Resulting in a Savings in Personnel Costs of $21,934.00 H. Clerks Office: Approval of New Beer and Wine License for Ustick Chevron LLC dba Fast Eddys Ten Mile Located at 750 N. Ten Mile Conditional Approval Granted Pending Applicant Receiving the Certificate of Occupancy for the Location 11, Future Meeting Topics 12. Other Items A. Item Amended: Executive Session per Idaho State Code 57-2345 (1) (d)(f) — (d) To Consider Records That Are Exempt From Disclosure as Provided In Chapter 3, Title 9, Idaho Code; and (f)To Consider and Advise its Legal Representatives in Pending Litigation Into Executive Session. 3.42 p.m. Meridian City Council Meeting Agenda — Tuesday, May 17, 2011 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Out of Executive Session. 10.53 p.m. Meeting Adjourned: 11:00 p.m. Meridian City Council Meeting Agenda — Tuesday, May 17, 2011 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting Mav 17, 2011 City A meeting of the Meridian Cit Council was called to order at 7:00 p.m., Tuesday, May 17, 2011, by Mayor Tammy de Weerd. Members Present. Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. y , Others Present. Bill Nary, Jac Jones Anna Canning, Rich Dees, Warren Stewart, Tom Barry, Kyle Radek, Scott Colaianni Kenn Bowers, Brenda Sherwood, Steve Siddoway, Colin Moss, Robert Simison, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd • going to call this meeting to order. I got this new toy. It took me eight De Weerd. I m g g 9 years being Mayor, the final) ave me a gavel, so I have to use it. Welcome to the y Y g g pp City Council meeting. We appreciate you being here. Elvis, you, too. For the record it is Tuesday, Y Ma 17th at 7:00 o'clock. We will start with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise. (Pledge of Allegiance recited.) Item 3: CommunityInvocation by Gordon Slyter with Treasure Valley Worship Center De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Gordon Slyter. He with the Treasure Valley Worship Center. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. You're welcome. Thank you. A cardinal tenant of ou Slyter: r faith is a belief in the resurrection and I see that demonstrated tonight. There is Elvis. Okay. Oh, God and our Father, we thank you for the opportunity to be among friends in our City Hall. That is such a blessing. We pray, Lord, your blessing here tonight, your guidance, your wisdom. Wera that the principles of -- that you have given to us would guide the p Y decisions that are made. Principles of justice and honesty, respect, decency, compassion, neighborliness, and love. We pray, Lord, that our community would Meridian City Council May 17, 2011 Page 2of54 continue to be a great place to live, to raise a family, and we ask your blessing on all the proceedings here tonight. Thank you. We pray through Christ our Lord, amen. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 5 -- or 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple of items to note, we have got an addition on Item 5, proclamations. We are going to have a 5-D, which is a proclamation by Brad Miller regarding the Ten Mile Interchange. Item 6, the Consent Agenda, 6-13, we have a request to continue this item to June 7th, so we will move that from the Consent Agenda, 6-B, will be removed. And under Item 12, other items we do have an Executive Session per Idaho State Code 67-2345(1)(d) and (1)(f). It had said (e) in this, but (1)(d) is to consider records that are exempt from disclosure and we will want to make that note that we will have Executive Session considering 67-2345(1)(d) and (f). With that, Madam Mayor, I move adoption of the agenda with those changes. Rountree: Second. De Weerd: I have a motion and a second adopt the agenda as changed. All those in favor say aye. All ayes. Motion carried: MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Proclamation for National Public Works Week De Weerd: Item 5 under Proclamations, we do have a proclamation here that I will -- dare I come down there to read it. Have to walk by Elvis. Well, I will go ahead and read this proclamation, then, turn it over to our director and, Mr. Barry and Mr. Radek, could explain what you have in store this week. Okay. Whereas Public Works services provided in our community are an integral part of a citizen's everyday life, and whereas having supporters and informed citizens is vital to the efficient operation of Public Works systems and programs, such as water, sewer, and solid waste collection, and whereas the health and comfort of this community greatly depends on these facilities and services and whereas quality facilities, as well as their planning, design, and construction is vitally dependent upon the efforts and skill of Public Works official, and whereas dedicated and qualified personnel to staff our Public Works Department understand the importance of the work they perform, therefore, I, Mayor Tammy de Weerd, to the City of Meridian, do hereby proclaim the week of May 15th, 2011, as National Public Works Week in our City of Meridian and call upon all citizens and civic Meridian City Council May 17, 2011 Page 3 of 54 organizations to acquaint themselves with the issues involved in providing our Public Works services and to recognize the contributions which Public Works officials make every day to our ur health safety,comfort, and quality of life. I signed it this day of May 17th, 2011. Congratulations. Barry. Thank you Madam Mayor. Since 1960 the American Public Works Association y has been sponsoring rin National Public Works Week and across the nation about 28,000 members of the American Public Works Association celebrate this week to energize and educate those in their communities about the importance of Public Works in their daily lives. Its an opportunity, really, for all of us to build awareness of the programs, the projects and the services that Public Works pro plans, the prof professionals -- not Just in this community, but in communities all across the nation, provide each and every day to enhance the quay lit of life of those we serve. This is our third year in the City of celebrating National Public Works Week and this year we stepped it up yet Meridian cele g again. We have been able to work with our Public Works -- other Public Works professionals, consultants design engineers, and contractors and have acquired 15 y sponsors for this ear's event who collectively helped to raise or contribute 5,000 dollars towards this event. This week's activities include community presentations that have un yesterday and will continue throughout the week. Tonight we have the already beg y y proclamation. Tomorrow night we have a VIP tour of our facilities. On Thursday night v open -to -the -public event called the Public Works Expo that will take place we have an p out here on the laza from 4:00 to 7:00 p.m. that we will have music, food, a lot of fun family centered activities. There will be a bird house building opportunity there. Of course, the kids will have to et building permits in order to construct those, but, in any co g on Saturday we also have the Public Works Poop Scoot. This is our third annual even, y year about that event is that t fun run -walk event and what's really cool this 3K participation sur artici ation has ed to over 50 this year and in addition we have been able to raise g dollars b sponsors who are contributing on behalf of the public -- the City of 2,700 d y our Meridian Public Works Department, 2,700 dollars that will go to the Meridian Food Bank. So, So we are real) excited about that. We have a lot of fun, exciting events and we appreciate the public's continued support of our activities. Lastly, I just want to pp mention that Kyle Radek standing to my right, assistant city engineer for Public Works, has been the committee chair and has done a phenomenal job this year in putting ether and leading the events of this week and I could not have done this -- we could tog g . not have done this without Kyle's passion, energy, and drive and commitment to this y project and it's with his leadership that we were able to celebrate and to bring about the awareness that we seek for the community of these events. So, Kyle, I want to turn it over to you. I know you have a few words. Radek: Thanky ou. First of all, the expo will take place rain or shine. We have a plan B if it's raining,so come, don't be afraid of the weather. We are going to be inside the lobby and in Conference Rooms A and B if its raining. Second of all, if I just said thanks Tom it would be a great example of me taking credit for what other people have done. The staff of Public Works, engineers, administrative assistants, development -- analysts everybody involved -- water operators, they are the people that are going to y � v make this Public Works Week happen and make all the events special. The theme for Meridian City Council May 17, 2011 Page 4 of 54 this week's events is Public Works serving you and your community. The theme speaks to the never ending effort of Public Works professionals to bring their community the highest quality -- the highest possible quality of life. Meridian Public Works Department g q Y g understands and appreciates the cooperative relationships that we enjoy with elected officials like the ones here, that enable all of us to serve our customers and our community g g nit together. So in recognition of this cooperative effort, we would like to present our Cit Council Members and our Mayor with a 2011 National Public Works Week coin. Theur ose of the coin is to commemorate the event, acknowledge p p contributions to Public Works Week and of Public Works service in Meridian and to foster the spirit of team work and sense of common purpose in the Public Works Department. So Madam Mayor, Council Members, I would like to present you with these coins. De Weerd: Cool. Radek: Councilman Zaremba. Zaremba: Thank you. Radek: Councilman Rountree. Rountree: Thanks, Kyle. Radek: Madam Mayor. De Weerd: Thank you, Kyle. Radek: Councilman Hoaglun. Hoaglun: Thank you. Radek: Councilman Bird. Bird: Thank you very much, Kyle. Radek: And thankY ou very much for the support you give the Public Works Department. You are truly a member of our team and we are glad to have a team -- people like you on our team to help serve the citizens of this community and we hope to p see you at our events. De Weerd: ThankY ou. Hey, Tom, can you turn that back around. Now, I would like to say our Public Works Department has traditionally been one of those that you hope you don't hear from the citizens on. Its that buried infrastructure that certainly by getting no callsou know they are doing their job well, because you get a call very quickly when a Y toilet backs up or you have one of those -- the disasters of that service not working. Public Works has actually had so much enthusiasm to educate the public as far as what Meridian City Council May 17, 2011 Page 5 of 54 he have in their lives that the have actually made Public Works look fun and impact they Y that's y ' not real) the word I have ever associated with Public Works before. So, congratulations to you and our team and we look forward to participating in this week's congra y Y activities. B. Amended onto the Agenda: Proclamation by Brad Miller Regarding the 10 -Mile Interchange Weerd: Okay. Item No. 5-B. Before I invite Elvis to the podium, I would De We like to read y the e-mail that kind of was the invitation to getting our guest here tonight. This was from Miller, aka Elvis to and it was dated self regarding the Ten Mile interchange Brad Y g October of 2004. Tammy,iI have been thinking about my lack of faith n getting the Ten Mile interchange constructed in less than seven to eight years and I think I need to ow a little faith in our abilities to accomplish this huge challenge. Here is what I'm show y willing . to doIf you are able to get the interchange constructed and open for traffic on or fore January 1st 2012, 1 will appear at the next City Council meeting after the ribbon be ry . tin -- thus today -- dressed as Elvis and apologize to you and the City Council for cutting y my lack of faith. In the event that you are no longer serving as Mayor, I will appear at a to your cation of request dressed as Elvis and I will acknowledge that Tammy de Weerd isqueen of the world and I am nothing. Could be fun. Thanks for all you do. I think you're doinggreat job, Brad. So, with that introduction, Mr. Miller, please, come g forward. She's swooning again. Miller: Madam Mayor, Members -- Members of the Council. My name is Elvis, aka y Brad Miller, of Van Auker Properties, aka The King. You can call me The King. That's hat I call myself. I was going to wear red tonight, but I have been a little bit bloated. I w Y g g . couldn't fit into m outfit. Then, I thought I would wear white, but Councilman Zaremba y borrowed that outfit from me, because he said his wife has a thing for Elvis. So, I'm here in official capacity to publicly apologize to Mayor Tammy de Weerd, each of the p Y C ouncil Members for lackingthe faith in your ability to get the interchange opened and operational b January 1, 2012. And, furthermore, Tammy, you are queen of the world op Y ry and I am nothing. Now, if it's okay with you I would like to leave before the 70 and 80 year old women mob me and before this polyester ester burns into my skin anymore. Are there any questions from the Mayor and Council? • Brad we appreciate you being here tonight and seeing a man of De Weerd. No. But, pp y g his word. Miller: You're very welcome. My children who are here, three of them, are very embarrassed by this. De Weerd: You just had to point out that they were your children, uh? Miller: But their mother told them they needed to come. Meridian City Council May 17, 2011 Page 6 of 54 hank our kids for joining you tonight, too. Parents De Weerd: Well, we would like tot y sometimes can be very embarrassing. can just in You ask my kids. Of their dad. Its, by way, usually dad, you know. Well -- the we did have a dedication today of the Ten t will officially open Mile interchange and iI o May 25th, weather permitting. Certainly the y weather has made some unexpected delays) but this has been a long awaited event in p y our community and as you can see there are some people who thought it was impossible -- an impossible feat, but I would say that our community stepped up -- you want to come up. Turnbull. Brad Miller is a former friend of mine and I took video of this occasion to send to his wife Camille and you s should all be grateful that he didn't show up impersonating Mark Spitz in his speedo, as eedo his petrified kids have been witness to before. De Weerd. We are glad he put Elvis in this message. Thank you for being here tonight, David. Also at the dedication. Turnbull: That was great. Thank you. De Weerd: It was. Rountree: Thanks, David. say that our community stepped up in a big way to make this De Weerd: But I will y y interchange protect possible. It was because our citizens stepped up and allowed their voices to be heard that we are here today celebrating a pretty major event for our Y community. So, we live in an absolute) awesome community and we are constantly reminded of that. So, indeed, a great day. Item 6: Consent Agenda A. Approval of Agreement with Ada County Highway District for Adjustments of Water Valve Lids in Conjunction with Overlay Projects C. Final Order for Approval: FP 11-002 Barletta Subdivision by Russell Hunemiller Located on the Northeast West Side S. Ten Mile Road, Midway Between W. Tasa Drive and W. Overland Road Request: Final Plat Approval Consisting of Two (2) Building Lots and Two (2) Common Lots on Approximately 5.80 Acres of Land D. Final Order for Approval: TEC 11-002 Pinebridge Subdivision by BW Meridian, Inc. Located South of E. Fairview Avenue, East of N. Locust Grove Road and West of N. Eagle Road and North of E. Commercial Street Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Meridian City Council May 17, 2011 Page 7 of 54 Signature on the Final Plat De Weerd: Okay. Item 6 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As mentioned earlier, there is a request to move Item 6-B and so we can . move that to items moved from the Consent Agenda, Item 8. And with that change, pp Madam Mayor, I move approval of the Consent Agenda and authorize the Mayor to sign and Clerk to attest. Rountree: Second. • and a second to approve the Consent Agenda as changed. De Weerd. I have a motion pp All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd. Item 7p -A is an annual update by our Ada County Assessor Robert McQuade. Thanky ou so much for joining us tonight. Rountree: Let's do roll call on the -- r De Weerd: Oh, I'm sory. just . I was so excited to get onto our Ada County Assessor's . report. Okay. Roll call on the Consent Agenda, please. Roll -Call: Bird,Y ea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Community Items/Presentations A. Annual Update by Ada County Assessor Robert McQuade De Weerd: Thank you for joining us. McQuade. The pleasure is all mine, Madam Mayor, but while I was sitting there, someone -- when Elvis walked in someone came up to me and said this is going to be a y . real tough act to follow. It real) isIf you don't mind, I will just leave this stuff here and go home y But maybe I better give a little explanation. That was quite a performance. This is my annual briefingto you and the information might be good. I sought -- as I was putting theseg Y together -- not only Meridian, but other communities, I have expected Meridian City Council May 17, 2011 Page 8 of 54 it to be pretty bad, but I'm finding out that, really, the news has been much worse than it really is and there is just a real sigh of relief when I hit the numbers. What I want to do is just divide my presentation into two pieces of, if I could. I will briefly go over some of the numbers that I think are really necessary to get started on the budget and to give you a feel of what's going on in the single family residential market, the real estate market. Then, I want to just give you my impression of where we have been in the last five years and -- as the real estate market. We all kind of know, but I think when we start looking at the numbers it just really is eye popping and I think that's the only way you can really say that. We are sending our assessment notices out May 27th. That's about a week later than we normally do, but it's tied to the Memorial Day weekend. Memorial Day, for those of you who haven't been counting, my employees have, but they let me know that Memorial Day is a week later, so the assessment notices are going out a little bit later. A couple of numbers here. The total market value of Meridian is 5.9 billion dollars. That's off five percent. That's the market value. That's not what you're going to be levied in taxes, it's just if you look at all of the property -- personal property, real property, commercial property in Meridian, added it up, it comes out to just about six billion dollars. The important number is the taxable value. That is the market value less the exemptions, primarily homeowners exemptions and the taxable value, this is what you would levy against, is four and a half billion dollars. And that's down three -- just a little bit less than four percent from last year's 4.6 billion. The homeowners exemption is 92,000 this year. That's down from 101 from the previous year and that's a nine percent decrease. That's all mandated by statute. When they took the school M&L off of the property tax in 2006 they brought the land into the homeowners exemption, they now call it the homestead exemption, and indexed that to the Idaho Housing Index and as the index was going up the market -- the value of the homeowners exemption -- homestead exemption went up. Three years ago it was 104,000, last year it was 101,000, and it's going to be 92,000 this year. So, those of us that have seen values dropping it really is not going to make a big difference, you still get about the same in real terms the homeowners exemption. The resident property -- and this is just to talk about what's been going on in real estate to give you a feel of -- at least what the assessor's office sees going on over here. The single family residential parcel is 30,900 and that's just about a half a percent more than the previous year, 30,700, and that's just about the way it's been all over the county, just very slight -- very, very slight increase in the number of residential parcels. Now, this is the market value, it's not the taxable value, but the market value of single family residential parcels, it's 3.9 billion and that's off about seven and a half percent from last year's 4.3 billion. Probably one of the most interesting numbers, of course, is what has happened to single family residential over here and the medium decrease for all of Meridian is a decrease of about ten and a half percent. So, it's gone down. That is not as bad as it was last year. Last year was 14 and a half, so we are seeing -- it seems to be decay seems to be slowing down from what -- to put this in perspective throughout the county, north Boise is off about six and a half percent. Meridian -- all of Meridian ranges from eight to 12 percent decrease. That 12 percent decrease is in northwest Meridian. The Boise bench is off 15 percent and we do have one -- Garden City is actually -- the median decrease is at minus 20 percent. They have been hit by far the hardest this year. The commercial market value is one billion, eight hundred and eighty million dollars and that's up slightly g Y Meridian City Council May 17, 2011 Page 9 of 54 from the one billion eight hundred and fifty-six million from last year and the median decrease of improved existing is about five and a half percent. I want to talk about the new construction roll in a moment -- for a moment. We just talked about what the taxable value is. That's what you will levy against, but also you get to increase the budget by the new construction, you get to take last year's levy times the new construction, so this number is real important to you, because that's what you could increase your budget if you wanted to and a lot of taxing authorities do just that. Your taxable value for the new construction is 96 million. So, we take last year's levy times 96 million and you could add that dollar amount to your property tax budget. That's down almost 23 percent over last year's 124 million. In 19 -- or 2007 your new construction was 680 million dollars, so it's down considerably. But 23 percent -- that's one of the smallest decreases in growth of all of the different taxing authorities, the cities, the school districts, and the county as a whole. So, you're really doing pretty well there. New construction -- you have 600 new units, about a 16 and a half decrease from last year's 700 units. The commercial, the taxable value is 35 and a half million dollars, and that's almost 27 percent less than last year's 48.9 million. Now, this number here is the new subs change of status and this is just the land that's been subdivided or properties that have had a change of status, such as going from ag to residential or something. This is really important. It is 6.6 million dollars, that's a 74 percent decrease from last year's 25 million dollars and in the context of that to the county, it's 55 percent is typical in the county, where yours is 74. So, it really shows up here, but I think a lot of it is a function -- you were just booming in 2004, '57 '6, in 7, things were just really going well. Your early renewal is off a little bit. It's off about 17 percent from last year's 76 million and the tax burden, that's who is paying the property tax, residential or commercial and residential property owners are picking up 58 percent, commercial is 42 percent and that's just a little bit more favorable -- the commercial -- and I don't have the numbers with me, but I know commercial is picking up a little more the tab, maybe just about one percent, so probably commercial is 43 percent and residential is maybe 57 percent, something like that. Now, if I could just close with just a couple of comments of where the market has gone -- the residential real estate market. We talked about your subdivision lots being down -- change of status. The peak subdivision loss -- this is in Ada county. In 2005 we had 8,200 more single family residential lots being platted in subdivisions. 2010 we saw 1,000. And this year we have 266. So, we might even have fewer new residential parcels than what we had last year. I talked about the -- the change in -- single family residential is down about ten and a half percent. Let me just give you a little bit of history of where we have been since 2005. 2005 saw an increase of median value of single family residential, six and a half percent over 2004. 2006 we saw an 18 percent increase and I remember the people were just going ballistic, how could that be, 18 percent. Actually, I think MLS was about 20 percent. The next year we had 18 percent again. That was 2007. 2008 we really started to see the slow down. We had a one percent increase and, then, 2009 was a 12 percent decrease. Fifteen percent decrease last year. And this year we are looking at 11 percent decrease. I'd like to -- to look at MLS. That number there was -- they are very independent than what my people are doing. I have a great deal of respect for what the appraisers in the Ada county assessor's office do and I feel that we are real close to what the values are. But I do like to have that independent source, it's Meridian City Council May 17, 2011 Page 10 of 54 MLS. Curiosity got me to looking what was the highest median selling price for single family residential in MLS. That is 242,000 dollars in 2006. March 2011 that 242,000 statistic has changed to 137,000 dollars. The last time we had that in Ada county was in 2001. So, we are back to the 2001 prices. It's interesting. The land values are what really drove this -- on of my appraisers termed it it was just chaos in the market in 2005 and 2006. 1 went back and I found a parcel that sold in 2005 -- September 23rd of 2005 for 76,000 dollars. Just a bare lot. Two months later, November 21st, that bare lot sold for 126,000 dollars. And two months after that July -- or January 16th that same lot sold for 153,000 dollars. So, it went from 76 to 153 thousand dollars in just four months and nothing was done to it. That I think is -- really gives you an indication of what was going on. I have got other parcels. I come up with a dozen parcels -- land parcels that sold in 2000 -- 2005 and I will just give you an example of one. A dozen just like this. July 8th, 2005, the parcel sold for 50,000 dollars. Twenty days later -- two weeks, not months -- at 20 days later that same parcel sold for 75,000 dollars. A 50 percent increase in just two weeks. Like I says, I have got a ton of parcels like that. Well, that parcel that went from 76,000 to 153,000, 1 looked at the assessment on that parcel. The people who bought that in January of 2005 still own that parcel and they have actually put a house on that parcel. We have an assessment on that lot, that 153,000 dollar lot, that's 44,000 dollars. And I feel that's probably a very accurate description of the value and that just -- it really is representative of most of the land. So, that's what brought the land down. I just want to close with -- I think I see some signs of improvement going on out there. New construction seems to be quite well. The first quarter MLS statistics in new construction has new construction up 16 percent for the sales price on single family residential and one reason new construction is doing so well is the land values are down, it actually is possible to go in and put a house on that. If you have had a parcel of land that sold for, you know, 75,000 dollars and it was just 25 -- or 50,000 before that, it was really tough to go in and build a house and make any profit on that at all. So, new construction has started to turn around. Secondly, we have a four and a half month inventory on single family residential, that's 150,000 dollars or less. That's really a good sign. That means it is really a seller's market. I had a real estate symposium in my office the other day and one of the participants, a real estate -- a residential real estate broker here in town, he had commented that he has seen multiple offers above asking price, eight to ten multiple offers and that's just really the sign of strength. Now who is buying this? It's certainly just not your people looking for their starter home, because you just can't get money anywhere. Money is just almost impossible. In Thursday's Wall Street Journal there was an article that the fact that banks just aren't lending, people just can't qualify is what's holding this down. But investors with cash -- they are paying cash for the parcels and that's what's really been driving this. Just to give you a feel of what it's going to take to get back to where we were, if you use a three and a half percent annual appreciation rate on residential property and that's in the index of '87 through 2009, that three and a half percent for us, that 242,000 parcel, that's 135,000 today. It's going to take 17 years to get back to where we were. So we have got a ways to dig out, but that wouldn't be assuming there is linearity there and I'm not going to go out on a limb in saying that it's going to take 17 years. It's just to give us a feel of what's going on and we could see another real estate boom again. Who knows what's going to be going on out there. But I think we are seeing signs of improvement right Meridian City Council May 17, 2011 Page 11 of 54 now. Certainly the deceleration is decreasing and I think that's -- that's really -- really good. Madam Mayor, Members of the Council, that's my message for 2011. De Weerd: Thank you. Any questions for Mr. McQuade? Zaremba: Madam Mayor? De Weed: Mr. Zaremba. Zaremba: Thank you very much. I always look forward to your report. It's always interesting. And I may have missed this and the answer may have been the figure that you were talking about that dropped 70 percent and other cities dropped about 55 percent. But -- I don't know if this was related or not, but my real question is a year or so ago the legislature passed something that said that even commercial property, if it wasn't developed yet, could be appraised at farm value or something like that. I forget -- I'm not quoting it exactly, but something like that happened and is that having a very big impact? McQuade: I don't recall that. The only thing that -- I don't really recall that -- that legislation. Zaremba: Anything that would be close to that? May not be remembering -- McQuade: The only thing that comes to mind that was passed last year in the legislature was if there was -- and I don't think this is what you're talking about, but if there was -- if there was some residential property that had at one time been ag and went back to ag, you would -- that it would affect the new construction, but I don't think that's what you were talking about. We really do just have to look at the use of the property at the time Zaremba: And in that case the way it's zoned makes a difference. McQuade: Yes. That's correct. Zaremba: Okay. De Weerd: That is what he was talking about. McQuade: Okay. Zaremba: Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council May 17, 2011 Page 12 of 54 Hoaglun: I wanted to find out, Bob, if auctions -- how much of an impact do they have? In our neighborhood last month there was an auction, formerly a 300,000 dollar house and it went for 90,000. Are there enough auctions to impact values and does that -- is that skewing things out there or what's your thoughts on that? McQuade: Madam Mayor, Councilman Hoaglun, yes, that really plays a roll and it depends on where you are. We do appraisals by neighborhood. If we have a neighborhood where let's say there were ten sales, nine of the sales were arm's length transactions, one distressed sale, we will go with the arm's length transactions. But if you just reverse that with nine distressed sales, we would give all the weight to the ig distressed sales or if it was early n the year, it was an arm's length transaction, but if there was four at the latter part of the year that were distressed sales we wouldg ive those -- those more weight. In fact, I was just in a meeting today where we were talking about some standards nationally, the standards say that if the distressed sales make up 20 -- at least 20 percent of the market they have to be considered. The north end in Boise where we are looking at a 50 percent -- not north end in Boise, but the bench over by Vista and Overland, that area, where we are looking at a 15 percent decrease in median value, that is because of the distressed sales -- tons of them over there. Hoaglun: Okay. Thank you. De Weerd: Mr. Zaremba, I guess House Bill 645, which is what was passed -- not this legislative session, but the one before, had the major hit to our community p Y primarily last year and since that already transpired we -- we don't anticipate another big one. That was when tax value of land that was valued as development land converted back to agricultural land. The new construction number that we of last year, Mr. McQuade's . g Y office gave us a value of 144 million dollars in May and that was reduced by almost 20 million dollars because of that house bill. The annexation number was nine million and it was reduced to five million. So, almost by 40 percent. So, you know, it was substantial, but, again, I think we took the greatest loss last year, you should not see those same impacts this year. So, with that -- McQuade: Madam Mayor, just to tag onto what you just said, there was one community that their new construction roll actually went negative by about 15 million dollars because of what you have just described. De Weerd: Wow. Zaremba: Thank you, Madam Mayor, that was what I was thinking of and I'mg lad to hear that it had a short-term effect and won't happen every year. De Weerd: Well, short -- it's all relative. I guess there is a cumulative effect. Zaremba: Compounds over the years. That's true. De Weerd: Yes. Meridian City Council May 17, 2011 Page 13 of 54 Zaremba: Thank you. De Weerd: Any further questions? Bird: I have none, Mayor. De Weerd: Okay. Well, thank you for joining us this evening. McQuane: It's my pleasure. I really look forward to our annual visit and really enjoyed our visit earlier this year. I got a lot out of it. De Weerd: Yes. Thank you for coming by. McQuane: Have a nice evening. It's nice to talk to you. B. Presentation by Marj Dougherty of the Lunaria League Regarding the 2011 Garden Tour and Featuring of Seven Meridian Properties De Weerd: Thank you. You, too. Okay. Our next item we have a presentation on an upcoming 2011 garden tour. I'm very excited to hear about it, since it looks like some of that has shifted to Meridian. Dougherty: Finally. Finally. De Weerd: If you will -- Dougherty: I'm a volunteer. I'm the co-chair of the 2011 Idaho Botanical Garden Tour, which historically rotates throughout the Treasure Valley, the North End, Bench, West End of the valley, and it hasn't been out here for three years and when it was there was only one home in Meridian, the rest were in Eagle. So, this year, since I got to be the chair this year, I wanted to target Meridian, so that we could try to educate the younger g generations that are living in subdivision -type homes in ways that they can landscape and enhance their -- their homes through beautiful gardens. So, the garden tour -- this is the 25th anniversary of the Idaho Botanical Garden Tour. For that anniversary we have ten -- and I think you have the brochure in front of you. Those are validated pay tickets that we are giving you and your family to attend. This year we have ten private homes, seven of them are in Meridian, three are in Eagle, and they sort of run the gamut. We have very large acreages, they are anywhere from five acres to maybe the Carnahans are probably close to somewhere around 15 acres of fully landscaped gardens and we have also got at this end from the Cherry Lane area up over to Meridian Greens we have smaller gardens, which are really good examples for people that want to learn how to turn a. little postage stamp lot into something really beautiful. For the 25th we have got music and art in every garden this year. So, garden number one has Opera Idaho singing all day. In the garden number nine in Meridian Greens we Meridian City Council May 17, 2011 Page 14 of 54 have members of Boise Philharmonic playing all day. The Michael Denard -- Judge Denard, he wantedgrass, blue so we have blue grass all day at his place over in type Spurwing. So, we have a reallyvaried t e of music and, then, we have an artist doing Plein Aire, painting outs outside in the garden, as well as we have a blacksmith from Arbors, will be hammering Gates, and Gardens that g out a garden gate. And we have Ada g County Woodworkers that will be carving. So, we have a little bit of variety of different well. So we invite you all to come and attend that day. It will kinds of visual arts as y g g probably take you all da to et through the whole tour. It will probably take you an hour g and a half to get through the Carnahans, which is sort of our middle of the road base are going to be putting on a fundraiser for the Botanical Gardens on garden. They g g p g We expect about 250 people to attend that. And, then, we expect Friday night. p p . here around 1 500 people to attend the garden tour and usually how this occurs somewhere p p d u in the car -- or couples do or loads of women and they car pool is families load p p round and o from garden to garden. So, we don't have any traffic issues, in case you a g g g Y might Actuall. be wondering. , the gardens in -- the gardens in Meridian, we don't y anticipate an traffic issues. We have a few in Eagle, but not here, so -- so, we wanted you to be aware but I know that Dougand Meredith Carnahan have sent you an e-mail to make you aware of the event and ask you to help us promote it, so -- I belong to the Luna League, ria Lea which is a fundraising organization, and so far we have raised about 100,000 00 dollars 80,000 of that we have given to the Botanical Gardens and the remaining 20 000 we give rants to local communities for horticulture endeavors and rema g g g grants for scholarships for these community gardens that are popping up everywhere to feed the hungry and anything horticultural related. De Weerd: That's excellent. Yes, I did get the Carnahans and we will be putting it on Fa cebook and Tweetingabout it and so we will do what we can to help spread the word to leteo le know that this is coming up in our own community. Council, do you have p p any questions? Hoa lun: Madam Mayor, no question, but just to put in a plug for it. Over the years my g wife has drug me -- well, drug -- dragging is not a good word, because I enjoy it. Dougherty: Once you get there. Hoa lun: Yeah. Once I et there it's great, but we have done over the years several of g g these and it'sreat to see these yards. I guess my only hesitation on doing it is g because my wife is a master gardener and, then, it gives her ideas and that creates work, so -- Dougherty: And bills, right? Hoag lun: -- that's the down side. But it really is a great thing to benefit the Idaho Botanical Garden and the yards and gardens that you guys choose each year are ue unia fun, I always see something different. So, it's -- it's a great thing to do, so It's really worth your time. Meridian City Council May 17, 2011 Page 15 of 54 Dougherty:eve I think one will enjoy it if you -- if you attend. everyone Hoaglun: Yeah. De Weerd. Well, my husband and I are veryexcited to join you this year and so we look forward to it. Dougherty: Good. Well, thank you very much for your time. De Weerd: Well, thank you. Maybe even on the 10th. No guarantee. Dougherty: I hope that you will all make it on the 10th. C. Sanitary Services Company (SSC) and Solid Waste Advisory Commission (SWAG) Joint Report: Discussion Regarding Resurrecting the Recycling/Household Waste Revenue Program De Weerd: Okay. Item 7-C. Steve. Sedlacek: Madam Mayor, Members of the Council, this is a great day in Meridian. De Weerd: Yes, indeed. Sedlacek: And I some of good news for you tonight. I have got a memorandum I have g put together, I think you have it electronically in your packets, dated today May 17th. p g The issue before us is -- we are -- well, we converted to a commingled recycling system in October 2009 and at that time we were paying ten dollars a ton to get rid of that material. So when we, then, converted the waste collection to automated collection we adjusted the rate to account for the fact that we were paying to get rid of this stuff. And as soon as we did that the markets changed completely and we are no longer paying, they are paying us for it. As a matter of fact, last month we were paid 55 dollars a ton p Y g for material. So we are now back to where we once were in 2007, where the material now is worth enough to pay for the household hazardous waste program and give moneyback to the city. So, tonight I wanted to talk to you about a formula to share that Y revenue. The -- Ig uess the problem with this new system is we could swing back to paying for it again where we have to get rid of it. The old way we collected with source Y g g separated materials, we knew we could always sell that material for something and gain revenue from it, because it was all clean and source separated. With commingled recycling the markets are more volatile, so we have gone from paying ten dollars a ton Y g to receiving 55. We could go back to paying ten. So, the question before the Solid Waste Commission was, well, who is going to accept the risk of the down side and in theast it always was whoever took the upside took the down side and that was the p Y city. Now, when we switched over we knew we would pay and so Sanitary Service took y the burden of paying for that for six or seven months and I have got the -- the costs for thero ram are in table two of that memorandum. So, we were paying five -- we were p g Meridian City Council May 17, 2011 Page 16 of 54 losing five or six thousand dollars a month and now we are up 14,000 dollars a month. ' swing. So I have been talking to the Solid Waste Commission So, its been quite a g , about this issue. y . Clearly the cit in 2000 -- year 2000 -- Ron Anderson specifically was very adamant about the fact that if there was excess revenue it should be going back to the city. That's ' how the rate structure was structured. So, the recommendation that I -- or the proposal g that I ave to the Solid Waste Commission last month was that we do the following: -- One is if you see table one in your memorandum there, that's a breakdown oft he rate structure, but that's what our costs are, how much carts cost and sales tax and franchise fees and those kinds of things and one of the line items is recycling household hazardous waste. We put that 20 cents per house per month in there, becauseg we were we thought going to be paying for this program forever. Of course as soon as we put it in there, okay, we didn't have to pay for it anymore, so -- anyway, - n a the first step of m recommendation is that we put that 20 cents up in the base a yw Y, p Y rate for Sanitary Services and keeps us still 40 some cents less than the city of Boise's rate. And then that leaves -- what do we do with the revenue after household haz wastemy collection and I would -- recommendation was that the city get 80 percent of t that and SanitaryService gets 20 and there is no great science knowing what the right formula is. There isn't a right formula. The question is, you know, how long would it be -- if we g o negative again how long will it go, how deep will it go, will we be paying more than ten dollars a ton tog et rid of it or will this surge in price continue for a year or five years or five months. I don't know. No one knows that and so at -- under that formula at the current reimbursements that we are getting, the city would get in about 100,000 dollars aear in revenue that could go back to city projects and reconstitute the fund y that was eliminated when we switched to the commingled recycling. So, tonight I'm trying to find out if you'd like to peruse that formula or tweak it. Can I get a reaction from ry g you if you love it or you hate it. Also, obviously, if you do want to reinstitute the Y Y recycling fund we will need to put more stringent sort of guidelines on how the money is Y g spent. I think some of the money in the past has been a little bit loosely spent. I mean it's all been well intended, but we need to make sure we can track how the money is spent and verify that it was spent accurately. De Weerd: Steve, wasn't some of the discussion also looking at kind of benefactor type ofro rams that would be more formally defined and that would be in terms of the p g composting ostin program that had been and talked about and we are having a pilot coming up between SSC and Public Works and kind of on what we do with our yard waste, which has been a big question. We had the extra week pickup this year and we took full advantage of it. But I think something like that should be considered in -- and we know this is a commodity. I mean today there might be extra, tomorrow you might be in the hole. So, understanding the highs and lows of a commodity market, which is what drives this, but the composting program I believe that SWAC also talked about the Arts Commission and that it would be -- or that's what my understanding -- that's the report I heard. But that the Arts Commission something along recycled with public art. So, those would be two programs would be associated with this kind of an effort that could be also public education as well. Meridian City Council May 17, 2011 Page 17 of 54 Sedlacek. Madam Mayor, I think the first question is do you want to reinstitute a y formula between us where the cit generates a fund of money and, then, the question, then, would be how do you spend it and certainly recycle commodities -- or recycle art that's recycling. I believe state law requires that the money or absolutely composting, Y be used in a fashion -- since it comes from our recycling fund it should go into a activity, as opposed to going into the general fund or something like that. recycling acts y, pp g g De Weerd: Composting is definitely a recycling activity. So I think the Solid Waste Commission, then, would b Sedlacek. Absolutely.e tasked with one of the rules what would an appropriate expenditure be and I'm Just -- I'm not a voting member of the Solid Waste Commission, so -- but certainly that message can go back to them. De Weerd: Comments from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Certainly the -- the opportunity that Steve gives us is a very generous one. believe that this is money that could go to SSC and it could be utilized to capitalize their be Y . -- their business or a bonuses or whatever. But they are making this offer to the city. pay . think we ought to certain) take a serious look at this, reconstituting the formula and It g Y the fund. I don't disagree with the comment the Mayor said is that maybe we ought to look at a different way of utilizing those funds and the -- the composting recycling component has always been an issue, it was a tremendous and probably still is an issue p Y with automated collection and I think it would be a great idea to focus some of those funds in startingto look at concepts and utilize the money to do some preliminary research and plans and possibly utilize the funds to see if there aren't some grants available out there to finance the pilots project, if you will, and ultimately maybe do somethingacross the valley that we can utilize the yard waste and the recyclable waste locally and the solid waste coming out of the wastewater treatment facility and that sort of thing. De Weerd: Well -- and we have that project that we will be piloting and so we will know more about it after for that and we have a great example of the recycled public art that we have in Centennial Park that was part of one of our first Old Town clean-up efforts, which was very exciting. So, we, hopefully, will have some examples of what you can look back at. Any other questions, comment? Hoa lun: Madam Mayor. Steve, a quick question about what is -- what's driving the g Y g recycled market right now? Is it the U.S.market? Is it foreign markets? This is a big Y jump in -- as we heard from the assessor, yeah, things aren't going down anymore, but we are certainly not shooting upward. So, I was just kind of curious if there was anything out there and what was driving that market. Meridian City Council May 17, 2011 Page 18 of 54 Sedlacek• Madam Mayor, or, Members of the Council, and Councilman Hoaglun, I believe . its foreign markets. Principally China probably buying steel from us and cardboard and paper. g as So as Ion the going great, you know, that market is good. Y are Hoaglun. Okay. And then, just a comment, Madam Mayor. Like Councilman 'eve that's a generous 80-20 split allows us to accumulate some funds Rountree, I bell and I think our solid waste committee would be a good place for them to look at recommendations or come up with ideas for recommendations to bring back to us and and was that we have discussed in the past. It's certain we like the composting ly a y good start and see if there is anything else out there that might be worthwhile to utilize Yt g those funds for. So, I think that's a good idea. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I too agree and I think SSC is very generous with the 80-20 split. I also agree g with Steve that the -- our rules and regulations for getting the money needs to be a little ter. While we did a lot of good, some wasn't so good. Not to the -- not because of stricter. SWAC or anything, but I think we just need to take a close look at what we are -- where the money going. is oin . I wholeheartedly think that the SWAC committee can come back with something and I would be definitely in favor of it. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, thank you. Two comments. The first is a question probably directed at our attorneyMr. Nary. I'm in favor -- I'm supportive of the proposed residential rate structure and the way that reformulates it. Since the bottom line doesn't chane what is being charged overall, is there any reason to have a public hearing g g g about that? It would seem to me we can wave a magic wand and say it's done. Nary: Madam Mayor, Members of the Council, I will have to talk with the Finance � y Department. I don't know if that split -- or how that formula was done was memorialized p in a resolution back in 2000. Because there is no change in the fee, no public hearing is necessary. If they memorialize that in some fashion, then, we should probably do the same. just A ain, to make sure it's on the record. But, otherwise, no public hearing is g necessary. Zaremba: Great. Thank you. Nary: Steve would know the answer. Zaremba: And -- I'm sorry. Meridian City Council May 17, 2011 Page 19 of 54 Sedlacek. Counci • Councilman Zaremba I can say that the -- the breakdown is how Sanitary Services breaks down its costs and how we came up with the rate. That rate was not -- a breakdown isn't resented to the public, for example, or shown to presented to p finance necessarily. So if we didn't approve it piecemeal, Zaremba. Okay. pp eal, we just approve the bottom line, then, again you can make -- wave a magic wand and change the formula, as as I say long as the bottom line doesn't change. Sedlacek: Right. Zaremba: Works for me. The other was -- and I wish I could remember where I was and who I was talkingwith, but somebody within the last few weeks I was talking to . about composting ostin and that kind of a program and they told me that there is a mayor gp gram composting program going on north of Parma and I know one of the issues that our p g g Public Works director has told me with us doing a program is that if we are trying to make it a break even kind of a thing or even a money maker, the uses for it -- the who would buy our product are pretty well saturated in this region. Whoever people Y was telling me about the Parma -- or the program north of Parma said they are selling everything the can produce to Japan and apparently the Japanese are willing to come � g Y over here and buy it and ship it to Japan. I know its a country that doesn't have much natural resources of their own. Islands. So, let me dust throw that in. I wish I could remember who told me about the program, but I just wanted somebody to know that there may be a market if we go outside of the area. Sedlacek: Councilman Zaremba, Members of the Council, I think that's part of the pilot is to delve further into the markets and we do -- for example, with our grass clippings that weg et at the transfer station, to a dairy farm -- I don't know if it's the same one. There are dairy farmers that are doing a lot of composting, they have got a lot of manure andY ou add some grass to it and some other things and you have got some pretty compost. rett nice It is very very heavy. The transportation cost for that would be fairly high, h but if someone is willing to pay that, I wouldn't -- you know, we ship a lot of � things overseas, we can ship that, too. They send us commodities, you know, clothing and tennis shoes and we send them back metal and cardboard. Zaremba: And I hope they clean the containers before they put new shoes and send them back again. Sedlacek: Hopefully someone will clean the container out. De Weerd: Okay. Anything further from Council? So, do -- Mr. Nary, do we need a motion? Nary: Madam Mayor, Members of the Council, yeah, a motion would probably be appropriate. ro riate. That way you have at least something on the record to look back at. Meridian City Council May 17, 2011 Page 20 of 54 Rountree: Madam Mayor? De Weerd: Mr. Rountree. move that we send a positive response to SWAC in regard to reestablishing Rountree. Imo the solid waste recycle fund and direct SWAC to explore options for the utilization of that fund and bring a recommendation back to City Council. Bird: Second. De Weerd. I have a motion and a second. Any discussion? Okay. Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Steve. Sedlacek: Thank you very much. Item 8: Items Moved From Consent Agenda 613. Findings of Fact and Conclusions of Law for Approval: MDA 11-003 Meridian Vision by Kevin McElroy Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Amend the Existing Development Agreement (Instrument No. 107067262) to Include a New Site Plan and New Elevations De Weerd: Okay. The item moved from the Consent Agenda, Item B, has been requested to continue this item to June 7th. Mr. Nary, do we need a motion? Nary: Madam Mayor, we do need a motion to move that to June 7th. I think it was � v inadvertent to put it as Item 8. We probably should have just done it earlier. De Weerd: Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move that we move MDA 11-003, Meridian Vision, to the June 7th agenda. Meridian City Council May 17, 2011 Page 21 of 54 Bird: Second. De Weerd: I have a motion and a second under Item 8-13, which was the Item B moved from the Consent Agenda, to approve moving this to the June 7th meeting. Madam Clerk, will you call roll. Roll -Call: Bird,y ea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Action Items A. FP 11-003 Waverly Place by Mountain West Entrust IRA FBO Robert Mortensen IRA Located 2510 Magic View Drive Request: Final Plat Approval of 25 Building Lots and Three (3) Common /Other Lots on 4.9 Acres of Land De Weerd: Okay. Under Item 9-A is an action item for FP 11-003. 1 will ask for staff . comments at this time. Canning. you, y Thank Madam Mayor, Members of the Council. This is a final plat for Waverly Place and the plat consists of 25 building lots and three common or other lots on 4.9 acres of land. It is current) zoned R-8 and is located at 2510 Magic View Drive. We do have an e-mail from the applicant stating that they are in agreement with the staff report and conditions of approval and to our knowledge there are no outstanding issues before Council. With that I'll answer any other questions you may have. De Weerd: Thank you. Council, any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Is the applicant here this evening? Do you have any comment? Okay. The comments are that -- that there are no comments, other than their letter that they have -- they agree ree with staff recommendation. Council, any questions? I would enter a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 11-003, Waverly Place. Meridian City Council May 17, 2011 Page 22 of 54 Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 9-A. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Department Reports A. Mayor's Office: Request for Proposal (RFP) Discussion Regarding Old City Hall De Weerd: Thank you. Item 10-A is a request -- or a report from the Mayor's office, our economic development coordinator. Brenda. Sherwood: Great. Madam Mayor, Members of the Council, thank you so much for giving me this opportunity to come in and have this discussion with you today. I just wanted to give you a brief update on one of the projects that I have been working on. As all of you know, we recently put out an RFP for the old city hall and I do have an eligible candidate. The candidate is looking to create an entrepreneurial think tank co- op. The candidate and their team has been educating entrepreneurs and their independent coach and consultant and what's really neat about the fact that it's a co-op is that it won't be just one organization under the old city hall, it will be several. So, under this umbrella there will be several organizations that will help with a variety of entrepreneurial services, such as a web -based business or helping them create their marketing plan or business plan. In addition, there is also a woman's business center that is also looking to locate within that umbrella. So, basically, what it would be is kind of like what we have done with Meridian Business Day, but it would be every day. So, what does this mean for Meridian? Well, first of all, you know, we currently have an empty building that's sitting there and what it would mean is that we would have several organizations in the city hall that would bring more people to the downtown area, something that we are looking to do and if you have been at the Meridian Urban Market you have seen that it's quite a vibrant community if you give them someplace to go. And so it would mean that there would be more people downtown that would be shopping at our shops, that would be eating at our restaurants, but also I think that each of you know what's been near and dear to my heart and to the Mayor's heart is that we grow our businesses. You know, I quote this all the time and I say to you that almost 80 percent of the businesses that are created in a municipality are created by the companies that are already there and right now you're seeing that nearly 60 percent of those companies are companies that are either start-ups or they are companies that are less than three years old. When jobs have been so scarce, a lot of people are turning to start their own business and right now that entrepreneurial piece is a piece that we Meridian City Council May 17, 2011 Page 23 of 54 could really add onto and it's something that I think is a necessary piece within our larger economic development vision. Excuse me. So, anyway, right now -- and I know that each of you might ask me, well, what about the ground floor and the ground floor think it will only enhance it, because currently when I first went over and talked with them, the tenants that are in the ground floor, they are kind of disrupted by programming. So, this would be an array of different forums that would help small businesses. So, those people that would come to those forums would now be exposed to the space that we have in the ground floor. So, those are -- that's kind of what we are thinking about right now. What are our next steps? Well, because what we are doing, right now we are having the building assessed to find out what it would cost to get it fixed for a tenant. Now, I'm not talking about cosmetics at all. The candidate that came in was very happy with the fact that they would do some painting and get the carpets cleaned. I'm talking about structural. At this point we might think that a coolant, one of the units for air-conditioning is out, but, otherwise, you know, there doesn't seem to be much more than that. Now, the tenant has, of course, come up with an amount that they'd like to pay to lease the building and I don't have to tell you, but the director of budget has been overseeing this every moment with me and so one of the things, of course, that we don't want to do is accrue any debt. So, we'd like it to be able to self - sustain itself. So, we might have some tenant improvements at the beginning and that's just, you know, the larger items, but it should be offset by what the lease would pay. So -- and it is a three year lease, so that's what we are looking at this point. As I said to you before, I in no way want to accrue any debt with this, we want it to be self- sustaining, and we want it to balance. So, what I'm coming to you tonight is to kind of throw that before you. If this is something where budget and our procurement office and myself could negotiate with this candidate, so that it would self -sustain itself or -- but it could be self-sustaining, is this something that I could pursue. De Weerd: Council, questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Yes. Sherwood: Councilman Zaremba, Madam Mayor, thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Great idea, Brenda. The only thing I would be cautioned about is to make sure in our lease that we are competitive with the private market, too. We are not here to undercut the private market. But in the same token we need to get something in that building. So, I think it's a great idea, kid. Meridian City Council May 17, 2011 Page 24 of 54 Sherwood: Okay. Councilman Bird, thank you so much. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Brenda, when will the -- the review of the building be completed? When will we know if we have some HVAC system updating -- I don't know if plumbing or how the roof is, lighting -- what's the time frame for that? Sherwood: Councilman Hoaglun, Madam Mayor, Members of the Council, we actually have been reviewing it at this point and from what our maintenance has seen it was the air-conditioning unit. So, actually, we'd really like to move this forward, so within the next couple weeks I should have the final budget. Hoaglun: Okay. De Weerd: I think there was air-conditioning, there was a plumbing issue, there is some roof concerns, but at what levels we are not sure yet. I think what Brenda needs is direction from Council to -- to pursue that, to authorize the appropriate people to go in and assess the building and, then, to work to negotiate the agreement with -- through legal and our purchasing office. Hoaglun: Thank you, Madam Mayor, Brenda. I was trying to remember -- do we have funds set aside for that yet? For -- or does that follow under the general city hall budget? I was just trying to remember and I can't recall, so I -- it's one of those things that if we have to pay 30,000 dollars for an upgrade or something, where are we getting money and so that's a question I have and we can go into that. The other one I had was on tenant improvements with a three year lease I mean that that be something that we can work out those improvements. Hopefully, they are not significant, but be incorporated so we recover those costs within that three year time frame, et cetera, so -- De Weerd: And it won't be anything different than what we already did with the congressional office, with the tenant improvements make sure that the lease did cover those costs and so there wasn't any expense to the taxpayer. Hoaglun: And I guess the other thing I'm thinking of is, you know, we are becoming a landlord and -- but I assume since we are leasing to someone if they want to put signage and all that stuff, they have to go through the planning process and comply with all our ordinances and whatnot, even though it's a city, but we have to do it, they would have to do it. That's -- De Weerd: Absolutely. Meridian City Council May 17, 2011 Page 25 of 54 Sherwood: Yes. That's exactly how the umbrella will work for that co-op. They will be responsible. Hoaglun: I just have lots of questions, but it doesn't mean I'm opposed to it, I just -- we just have to make sure we have got all our I's dotted and T's crossed. De Weerd: Questions are good. There is a line item budget, as you will see in the upcoming budget. We are starting to work through our Public Works Department and building facilities manager or position to do some assessments of city -owned buildings and start putting them on a more routine building maintenance program, so we never get to a point on our buildings that they are leaking or they are going to cost more when we are reacting, rather than being proactive, and they will be working to get our buildings onto some kind of a schedule, so -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: It's great. Let's move forward and get the thing evaluated and put together some kind of proposal and bring it back. De Weerd: Okay. Sherwood: Thank you, Councilman Rountree. Thank you. Any other questions? De Weerd: Thank you. Sherwood: Wonderful. Thank you so much. B. Human Resources Department: Discussion on Committee Review and the Mayor and Council Compensation De Weerd: Item 10-13 is our HR. So, I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. Every election cycle our city ordinance requires that we form a committee made up of former Council members, commission members, and citizens to evaluate the compensation for both the Mayor and the City Council positions and, then, I -- what I do is select some people that I have the time and the opportunity to do this and, then, bring them back to you and if it's -- if those names are satisfactory and that's sufficient, then, we will begin meeting here in the next few weeks. We have five people that have agreed to serve. Chris Kline with Edward Jones Investment. Chris has been a member of this committee ever since we instituted this process, so his institutional knowledge I think would be very valuable. Clint Shifflet -- is he the vice-president of -- of the bank, Bank of the Cascades I think, and he's the current president of the Chamber as well. Clint did serve on the last time we did this two years ago. Joe Borton, former Council member, also a local business Meridian City Council May 17, 2011 Page 26 of 54 owner here in Meridian. Dr. Tom Hammand, yet another local business person, he's also a Member of our historic preservation commission, has been for a number of years, and Tom Sauer, he's a local citizen, lives in the Tuscany area and has become involved in a variety of city committees. He doesn't serve in any commissions currently. He's on our board of adjustment. But other than he's been more involved in -- he's come to the SWAC a number of times as we instituted the solid waste recycling program and -- and he's been involved in some of these other city committees and things like that and he was very interested in serving. So, those are the five people that we have agreed to serve. If you'd like me to get other additions we could certainly do that. If you have concerns about any of those, please, let me know. Otherwise we would like to go forward, if that's sufficient for you. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: My concern is, one, the last time we did this -- I know the committee met and they did a great job and, then, as a Council we said we were not going to raise any salaries. It seems to me that given the current economic status and the most recent survey that I have seen arraying us against other cities in the valley, my position probably wouldn't change. So, I would hate to see these folks go through this exercise yet again and for the result of us not wanting to move forward with pay increases. So, I guess I would ask for a sense of the Council if -- if we got back what we got the last time, which I suspect we will get something similar back this next time, with a recommendation to bump up the salaries a bit -- and it wasn't a lot. Whether or not we would move to approve them, so -- as opposed to putting these folks through the process one more time. Bird: Madam Mayor? De Weerd: Just to respond, it is -- it is something that is in our ordinance and I believe that is something that Mr. Nary, as he convenes this group, that that -- that sentiment and past discussions are brought into -- to theirs. It is -- it's similar to our impact fee committee and we are required that the impact fee committee meet and hear all the information that what Council does with the input from those groups is certainly your prerogative. But Mr. Nary I'm sure will share some of the past conversations with them. Mr. Bird. Bird: Same. My view hasn't changed a bit from last time, but I do realize that it's something in our ordinance that we have to -- I believe have to go through, as the Mayor stated. If Mr. Rountree wants a consensus, I absolutely have not changed from two years ago with the economic times like they are -- De Weerd: Mr. Bird, can you talk into your mike. Meridian City Council May 17, 2011 Page 27 of 54 Bird: With the economic times like they are I don't believe that this is the time to be giving us elected officials a raise. Take care of our employees. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Yeah. My feeling is the same on that. And I can understand the committee needing to meet in establishing a historical record -- recommendations and taking that salary survey, if they will, to say, okay, this is where we think you should be, but I'm of the same feeling, that, well, where ever we should be, we are not going to go there, but if they come back with a decrease I think we'd have to seriously consider that, but I -- looking at the recently published surveys that I have seen, I don't think that will occur, but I'm comfortable what we are doing right now and looking at the climate and economic times. We have to hold tight, like we do on a lot of things. So, make do with what we have. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I will chime in in support of what has already been said. When we went through the cycle the last time I was advocating that the City Council president be bumped a little bit, even if nobody else was. I have now been that president for a year and a half and I don't believe that the exercise is any different than being a normal councilman. There is an extra meeting or two, but I would not even advocate for bumping the president at this time. On the other hand, if the committee came back with a huge raise, we'd look even better turning that down. De Weerd: Okay. I think Mr. Nary has his -- his sense. Rountree: Madam Mayor, I think just as long as the committee understands where it might go and that's important to me, because their time is valuable -- Bird: That's right. Rountree: -- and I think we got a sense the last time was that they were somewhat dismayed that there wasn't action taken on their good work, so -- and it wasn't expressed to them that there might be a rejection, so -- at least at this point you can give them a sense of where we are coming from. Nary: Madam Mayor, Members of the Council, I will certainly do that and I think because some of these members have served on this group before, I think they get that. Rountree: Okay. Meridian City Council May 17, 2011 Page 28 of 54 Nary: So, I do think it's an important exercise, even if it is -- even if the recommendation is to leave it the same, I think we need to at least -- we need to do this -- this check each election year to make sure we are staying current and being fair. So, thank you. We will go forward. C. Parks & Legal Departments Joint Report: Discussion Regarding Temporary Use Permits and Special Events De Weerd: Okay. 10-C is our Parks Department and our Legal Department to discuss TUPs. Nary: Thank you, Madam Mayor, Members of the Council. I get to kick off this discussion, but I'm going to turn the majority of it over to Steve and Colin. If you recall, a few months we had a request for a waiver of fees and at that time and that discussion the Council's direction was for the Parks and Legal to go back and evaluate our temporary use permit ordinance and evaluate whether a different exception or a different type of variance, for lack of a better word, be granted for other types of groups. Currently for temporary use permits the only ones that don't require that is school fundraising activities -- and remember the lengthy discussion we had about car washes and candy sales and those types of things -- and, then, 501(c) qualifying groups. So, basically, nonprofit organizations or nonprofit groups, like the Chamber of Commerce, like a lot of local churches, a lot of charities, all qualify. So, we met with the clerk's office and my office and the parks department to discuss that and, to be honest, Council, it -- we couldn't find another logical break point to create another exception that we didn't feel -- other than, essentially, swallowing the rule completely and creating an exception for everybody. The concern we had was the -- the legitimate legal concern that we would become very arbitrary in what would really be a qualifying group. Right now those -- those two very narrowly construed groups cover a majority types of the t es of requests that we get and as we talked through it as a group -- and that's why we didn't turn most of this over to Steve and Colin, we found that the way it's actually being administered is probably as fair and defendable as any practice that we have and to, then, open that up to, essentially, trying to carve out another exception we felt realistically would defeat that purpose and pretty much grant all exceptions to everyone and we didn't think that was really the intent or the desire. So, the recommendation from legal is to not create a new exception, but I think Steve and Colin can explain how they go through this process and give you all a comfort level that we are really truly administering it to the best advantage of the groups that come forward, so that they --we can use the parks as they are intended and, then, as that discussion evolved there is a couple of things that Steve and Colin will want to talk about that we probably need some direction to help craft as we see a lot of change in what people want to do activities in the parks and what way they want to present those. But our recommendation was not to create another exception. We felt it was too risky and very shaky to try to carve out another exception that really wouldn't have I guess a safe ground for defending that, but we felt comfortable that what we were doing now was probably the best defendable Meridian City Council May 17, 2011 Page 29 of 54 position we have and with that I will turn it over to Steve and Colin to talk about how they do this. Siddoway: Madam Mayor, Members of the Council, thank you and I want to thank Bill Nary and legal staff, as well as the clerk's office staff for the follow-up meetings that we have had since, then. What we have for you is three slides that really I think drill down to the main points that we think need some -- either some clarification to you or some feedback from you. You know, they are, first, you know, what is a special event that requires a TUP. Second, what about this idea of the overnight camping and when is it appropriate. And, third, you heard from the barbecue folks when they were here, a desire to charge admission for events and we need to talk about that as well. So, with that basic introduction I'm going to turn the discussion of the slides over to Colin, he can update you on how we administer current policies and the current questions we have for you. Moss: Thank you, Madam Mayor, Members of the Council. And so the first slide that we have here is just basically, what Bill presented -- or gave you an introduction on, basically, how we decide if a reservation at a park is a special event and so there is three basic things. The first one -- I probably should have rearranged these a little bit, because -- I mean the first one -- I mean number three is -- you look at is an event at a park going to require city services above and beyond what we typically provide for a shelter reservation and so that means, you know, city -- our parks department staff, that means police department, fire department, you know, needing to get involved and so that's the first thing that we look at and one really easy way for us to determine that is we have established maximums for every picnic shelter at our parks and so -- and we have established those maximums based on the amount of room that's in the picnic shelter based on the amount of parking that's available at a park, other variables, and so if there is going to be an event that's there that's -- we know is going to exceed that number, that pretty much triggers the need for a temporary use permit, because it's definitely going to require more services than what we typically plan for and so the one thing that was -- we had thought about putting in here, but didn't was one thing that we used to kind of use as a guide is whether the event is advertised as open to the public to attend. One of the things that we have kind of run into there is that there is lots of church organizations that like to have their picnics and things like that in the park and so, you know, my question to them has been, well, is your picnic going to be open to the public and they say, well, you know, it's open to our congregation, which I guess is technically the public and so, you know, using that formula, even though they might only get 30 people to come to their picnic, we have required them to go through the temporary use permit process and so we have kind of backed off from that a little bit and so knowing that an event like a church picnic, for example, might not have more than the maximum capacity to shelter, we said, okay, we will go ahead and just let you reserve the picnic shelter like a normal reservation and, then, if it gets to the point where it's exceeding what you think it's going to be or if it's exceeded -- if it gets into the realm of needing a temporary use permit, then, we will go down that temporary use permit process. And so we no longer use open to the public, you need a TUP, not open to the public you don't need a TUP. That's not really a cutoff point at this point. And so, you Meridian City Council May 17, 2011 Page 30 of 54 know, when it's a private event -- most private events don't -- don't need it, but there are some private events that are so large -- like a Scentsy company picnic or a Power Engineers company picnic where they have three, four, five hundred people all showing up at a particular park and they have just got so many activities and things going on that it just feels like a special event and so we want to make sure that we know what's going on. And, then, the other one is a pretty easy breakpoint is right now we have an alcohol permitting system with our reservations and so if you wanted to have your reservation and have alcohol at your reservation you would have to get an alcohol permit through the parks and recreation department, but many of these events want to have alcohol somewhere else besides the shelter. They want to set up a beer garden or what have you and so our basic rule of thumb has been if you want to have alcohol anywhere besides the shelter and so we have had that for softball tournaments before where they want to be able to have alcohol around by the softball fields and so we have allowed that, but they have to get a temporary use permit, so that our police department knows where alcohol is going to be consumed in the park. And with that I would -- for this first topic I would like to, you know, make it open for comments about how we determine special events in parks. De Weerd: Any questions, Council? Mr. Zaremba. Zaremba: Madam Mayor, just -- on the last subject of alcohol, is there any distinction between whether they are giving it away or selling it? Moss: There is -- I mean there is definitely a distinction as far as the permits that they need to get. As far as whether they need a temporary use permit, there is no distinction. But if they are just -- if they are getting a temporary use permit of -- so, for example, we have a guy that runs a softball tournament every March at Tully Park and he wants -- he wants to have the players have the ability to bring their open alcohol and consume the alcohol around the softball fields. He just needs to get a temporary use permit and let us know that he's doing that. If an event wants to come and have -- and sell alcohol, then, we would need to have a business provide a liquor catering permit and submit that to the city clerk's office and so, you know, when there is a business who has a state liquor license -- when there is a business like that involved, then, they would have to get a liquor catering permit through the clerk's office. So, as far as the need for a temporary use permit, there is really -- it doesn't matter -- it doesn't matter who is providing the alcohol, we just need to have the temporary use permit regardless if there is alcohol there. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Colin, if , someone -- if -- let's say a family reunion was coming and they say, oh, we want to reserve this and the picnic shelter they want to reserve, it's a capacity of 60 and they , say, oh, well, it looks like we will have a hundred members of the family, extended family there, then, under this they would require the permit, but if they say, oh, Meridian City Council May 17, 2011 Page 31 of 54 can we reserve two shelters and they happen to be thrifty, then, it's back to a regular event. Moss: Sure. And there is really not that many instances where that is -- where we have that capability. And so, for example, at Settler's Park shelter two and three are right next to each other. Shelter two's maximum capacity is set at one hundred, shelter three is at fifty and so if somebody had a park -- a permit for -- or if somebody wanted to have a party of 150 people, we would require both shelter two and three to be reserved and so, you know, same could go for Tully Park where the large shelter and the small shelter are near each other, but, you know, shelters that are -- that are by themselves, like the neighborhood parks, for example -- the neighborhood parks we typically never allow events that exceed the maximum capacity, just because the parking -- or the maximum capacity of the shelter is based on the parking at all the picnic shelters at all the neighborhood parks in particular, whereas the rest of them they are -- at the bigger parks they are based more upon, you know, how much seating there is in the shelter and things like that. Hoaglun: So, Madam Mayor, just to throw something else out there, for neighborhood night out, if it's a neighborhood park and it's -- a lot of folks walk there, because it's within their neighborhood, the capacity of the shelter will be exceeded, although they bring -- Moss: Right. Hoaglun: -- their tents and different things, well, where does that fall? Moss: Well, National Night Out is definitely a different -- a different story, because there are so many people that walk there and I guess I can say that that's maybe an exception to the rule, just because, you know, that is a city sponsored event that the Meridian Police Department applies for a temporary use permit for National Night Out and covers all of the neighborhood parks that are going to be hosting a National Night Out event and so in that case, you know, that's probably the one exception that I can think of. Hoaglun: Okay. Thank you. I don't envy your job, by the way. De Weerd: Any other questions? Okay. Moss: Okay. And, then, with that we will just move on to -- like Steve said, there are -- there are really two main conditions for -- for special events that we wanted to discuss. The first being the overnight camping and these are two things that, you know, we wanted to discuss, because with the -- with the growth in requests for special events, in addition to Kleiner Park coming online next year, we are just getting a lot more requests for special events to be able to do -- be able to camp overnight, as well as charge admission to their events. And so we just want to make sure we have some clear direction from Council as to what -- what should be permissible and what shouldn't and Meridian City Council May 17, 2011 Page 32 of 54 so on overnight camping, right now what we allow is if you have a multi -day event and you need -- you're leaving a lot of your event stuff out in the park, tents and vendors and things like that, we -- we actually try to really encourage people to provide some security overnight and so in that case, you know, the Renaissance Fair is probably the best example right now of what -- of an event that's gone multi -days, they -- we allow, you know, six to eight people to stay in the park overnight and take shifts providing security and so -- but what -- what has been requested is that additional individuals, instead of just security, are able to stay overnight and so -- you know. And so there is different kinds of events that -- and individuals might need to stay on site, even though they are not necessarily providing -- providing security. The best example is for the gentleman who was in front of you a couple weeks ago about the barbecue events that's being proposed in Kleiner Park, they would like to be able to have their cooks stay in Kleiner Park overnight, so that they can cook throughout the night so that -- obviously, it takes a long time to be able to cook their -- to cook their meat and so that's -- that's one example. We wanted to -- to just write down some guidelines, though, of how we want to allow overnight camping, because I think it's -- we have gotten the impression that that's something that we want to allow, it's just we want to kind of put some side bars on when and where we are going to allow it. So, some of the guidelines that I just wrote down here are we only want to allow overnight camping when it's necessary for the successful operation of a special event and so we don't want to just allow anybody and everybody to be staying overnight at a park and also, you know, with special event underlined, we would only allow overnight camping in a park with -- in conjunction with a temporary use permit. and so you wouldn't be able to just stay if you, you know, reserve the picnic shelter for the evening time block one day and the morning time block the next day. So, let's see, camping would be limited only to individuals who have a need to stay on site during the event and so we would just do our best to make sure the number of people who are camping is reduced to the people who really do just need to stay there for that event. Three. We want to make sure that -- that park quiet hours are adhered to. The park -- the times the park is typically closed is a half hour after sunset and so a half hour before sunrise and so we would expect anybody staying in the park at those times would stay quiet so as to not bother surrounding houses. We would prohibit alcohol consumption during overnight camping, even for -- even for events that have alcohol approved during the event, we would say alcohol consumption is approved up until the end time of the event that day or until the park typically closes a half hour after sunset. And, then, we also wanted to have a little bit of control over the location with where people are going to be camping and so, you know, that maybe just the parking lots, that may be just in a certain area in the grass, depending on whether or not we want to allow tent camping versus RV camping and so I would just like to, then, leave this open to -- for discussion with the question at the bottom being sports tournaments, we have had -- well, for several years now we know that we have had RV -- or RV campers staying at Settler's Park, especially during the Dairy Days tournament, but I know during other tournaments that are going on there and so under the current rules that we have drafted that would still -- that would not be allowed and so we want to get Council's opinion on when camping should be allowed, RV camping versus tent camping, and where it should be allowed, so I will leave it open I suppose to discuss that. Meridian City Council May 17, 2011 Page 34 of 54 Siddoway: Madam Mayor? De Weerd: Mr. Siddoway. Siddoway: Madam Mayor, Members of the Council, the -- probably the best example is the Dairy Days tournament in -- where we -- in recent experience we have had probably between two and five or six RVs that show up for -- for that event and are there for the weekend. You know, they haven't caused a problem, other than limiting parking availability at movie night that night, but, you know, it's one of those things where we have talked -- we have talked with MYB, encouraged not to happen, but we haven't also taken a proactive stance on chasing them out of the park, we haven't gotten the police involved, they are only there on the weekends when there is not a lot of, you know, staff resources and -- but because we know it's there on a limited basis and there is at least -- I have heard some desire to allow for some stays at tournaments, because I know people like to do that, go to the tournament and stay close to the fields, I thought this would be a good discussion to say do you want us to run them off, would you -- would you like us to allow it on a limited basis. We have the ability to allow it if the Council desires or we can just say if it's not part of your TIP and absolutely necessary, you need to be somewhere else and so I would seek your -- your desires on how you would like us to implement that. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: It seems to me if it's just a nonregulated situation, either through a special events permit or whatever, though it's not problematic now, it will be as use of the park increases. I also see it -- if we didn't have RV parks in our community or adjacent to our community, I would say, then, we ought to be a little more open to it, but we have some very nice ones in our community that are available to people. We have a number of hotel spaces that I'm sure could be utilized during those events. So, to me -- I don't want to put the city in competition with -- with the folks in business in the city that are providing places for folks to stay in town. I don't disagree with the idea of providing for it with special events where those people need to be on site, whether it's security or they have to be there to -- to make the event work, to me that's part of the special event or the temporary use permit or whatever. By doing that at least you know how many, you know where, you have established some rules for them to follow, the police will know how many, where, and the rules they are to follow, so there can be some enforcement and part of that temporary use permit can be so they know how they need to act when they are staying there, so they clean up after themselves so it doesn't become an issue for waste removal or whatever, but parked in a spot that we have coordinated with other activities that might be in the park, so you don't want them parking in spots that might impact movie night. There is lots of places in most of the parks where people can be accommodated for that. To me this idea that for sporting events at your convenience you can come and park and camp in Meridian's park and it might only be two or three now, but as people see that happening it's going to be more and more and more -- we Meridian City Council May 17, 2011 Page 35 of 54 have a critical problem at tournaments with parking. We have neighborhoods out there that aren't real happy with parking during game days. So, I think we need to put all of that in the mix and come out with some kind of a solution. I think we need to be really cautious as we move forward with what we do allow and what we don't allow, because, again, as the use in the parks grow and you guys both have seen the park usage just sky rocket, it's a problem that we don't necessarily want to encourage. Siddoway: Uh-huh. Rountree: As far as special events go, I think, you know, that's all tied up in the event. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with Charlie a lot of along the lines, but the thing I see in RV parking is most of these teams -- young teams that come in in RVs don't pull a car behind it, so they could go down here and camp overnight, but they still got to park there during the day when we need the parking space. So, I can't see where it's hurting them to stay overnight. On the special events like your barbecues and stuff, they need people to stay there. In fact, you wouldn't want their equipment just left there. It's a touchy situation. I don't have the right -- I don't have the answer right now, but I can tell you that in following the little bit of baseball that I followed with my grandsons, most ball fields do allow RV parking at their tournaments. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As we have talked about this before, I have only been visualizing RVs and assuming that they would -- whatever we decide they would be in the parking lot. Something you said as you were describing this earlier made me believe that we are also talking about allowing tent camping and people that would set up with a hibachi and, you know, all their tables and chairs and I'm not as thrilled about that. An RV is self-contained, when it goes away it goes away. Tents would do damage to the grass. Hibachi's would do damage to the grass and other stuff, so I -- to me I would want to make a distinction. I want to go forward with the discussion about RVs, I would like to say no tents. De Weerd: I guess it just emphasizes the need for a clear policy and not something that's arbitrary and certainly don't want to put all the pressure on our parks director on what is allowed and what isn't. You can have RV parking that has tables and their camp stove next to it and takes up more than one parking spot as well. Then you have kids that are in -- in the RV at night and do they run through the park and who is that kid, do they belong with the RV, do they not -- again, it gets really subjective and so I think what staff is hoping for is some comments that if they need to come back with clearolic p Y Meridian City Council May 17, 2011 Page 36 of 54 recommendations certainly they can do so, but it's hard once you open up that door, as Councilman Rountree has pointed out, where do you draw the line and maybe, Steve, you have been successful in doing it up to this date. What is the criteria that you have been using? Siddoway: For tents specifically or -- De Weerd: No. I don't think anyone wants tents. For the RVs in any situation other than tied to the event. So, if they are doing it for the baseball fields, again, parking is at a premium and I can't see us turning into a campground during tournaments. Moss: Madam Mayor, Members of the Council, I just -- I guess just regarding tent camping -- and the only reason I mentioned that in my -- you know, my initial comments was that, you know, that's something that's been requested before and so -- we have never allowed it before, but we just want to make sure that we make that clear and so that I just want to make sure that we are bringing up all the -- you know, all the issues that has come up with overnight camping to have a clear policy moving forward. Siddoway: Madam Mayor and, Colin, for the Renaissance Fair, my preference would be the self-contained RVs, but did they not have a tent with theirs, because they didn't have an RV? That may be the only example I think that they may have used a tent. Moss: I think you may be right. Yeah. Siddoway: So, my preference clearly is for the RVs -- the guys that were on security for the Renaissance Fair didn't have one available, they requested a tent. They were allowed to do that. I think they broke it down the next morning before the event happened, so it did not interfere or look like there was a tent set up in the park during the day. Regarding how it's administered, I mean, really, we have been -- number one is key, that, you know, it's -- it's only been permitted when it's necessary for the successful operation of a special event and limited to those individuals that are necessary to be part of that. The sports tournament one is an idea that has come up and what I would say is if that's something we want to allow on a limited basis, I would want to control it better, I would want to work with MYB, set a designated area and limit the number. Either that or just a no tolerance policy and we ask them to leave. But if we designated, you know, the -- a back portion of the eastern -- or, sorry, western parking lot closest to the fields, I could -- I could see something that -- like that happening on a limited basis, but we would just have to be clear as to what the limited number would be allowed on a first come, first serve basis and beyond that they would have to be somewhere else. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council May 17, 2011 Page 37 of 54 Hoaglun: Question. Is a tournament -- baseball, softball tournament considered -- is that a special event or is that just a reserved event? Moss: Madam Mayor, Members of the Council, Councilman Hoaglun, right now we do not require temporary use permits for -- for sports tournaments. The only exception being the softball tournaments that request alcohol to be at the fields and so MYB has never submitted a temporary use permit. We have never felt it was necessary, because, you know, the very definition of a temporary -- the temporary use in our code is that, you know, it's altering the typical use of a park and that's exactly what the park was built for, so -- and so we have never required a temporary use permit for sports tournaments. Siddoway: Madam Mayor, Councilman Hoaglun, may I -- one thing I would say is -- I haven't got a good read on whether there is a desire to do this or to cut it off, but if there is a desire to accommodate it, I could -- I could see a scenario where we tell MYB, look, no overnight camping unless you pull a TUP for the overnight camping, because that is a use that's atypical of the park. Yes, we have an agreement with you for the -- for the MYB fields, you do have the ability to run the tournaments. If you would like to have overnight parking associated with that, we would like you to get a TUP and, then, through that TUP process the police, fire, ourselves could all be notified and we could use that to designate the areas and limit the numbers. Hoaglun: One thing I heard in this discussion, Madam Mayor and Steve, is kind of a little bit of an apples and oranges thing. One, we are talking about overnight camping and -- and I think Councilman Rountree laid it out pretty good, for a special event and temporary use permit you can control it, you know who is going to be there, how long they are going to be there, the rules that the police department knows going in. You have sports tournaments, you don't know how many is going to be there, how long they are going to be there, et cetera, et cetera. But that's where -- and that would be for overnight camping and I like that. The other part, though, I think is the fact that someone pulls their RV into the parking lot the morning of the games and the use it for the team to come in between games to rest up, be in the shade and different things like that, to me that's not camping, it's a use and, then, it's a matter of, okay, are we going to say no RV parking, because of the parking situation, which I don't think we are ready to go there. We know we have parking problems when there is high use, but that's entirely a different issue. So, I just want to be sure we are not talking about limiting parking of RVs during the game when it's not an overnight stay, so -- so that's -- it's not camping per se, so we are just -- I'm -- for sports tournaments, yes, I feel that we don't need them to camp overnight unless there is a special event and a temporary use permit associated with that function, so -- De Weerd: Yeah. I think more the concern has been the after dark presence. Siddoway: So, Madam Mayor, if we were to allow the daytime parking, but no overnight stays -- I kind I heard Councilman Bird suggesting that, you know, these are allowed elsewhere and some support for that, so I just want to -- I don't know if there is a Meridian City Council May 17, 2011 Page 38 of 54 consensus, but if there is I just want to -- it sounds like the closest one may be not to do it, but -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Clarify for me, Steve, is I don't -- you pull your RV in -- when is the parking the most critical, during the day during the game, am I right? Siddoway: Correct. Bird: You pull your RV in -- Brad had a very -- very, very good point. A lot of people bring their RVs so the kids between games and stuff can go in, get something cold to drink, sit in a nice air-conditioned RV or whatever to get cooled off and stuff. Nighttime the parking lots usually aren't very full, are they? Siddoway: After movie -- other than movie night, yes. Bird: You're talking about one night a week. Siddoway: Yes. Just the Friday night of Dairy Days tournament. Yes. Bird: And I realize that most tournaments do run Friday and Saturday in baseball. Like said earlier, it's a touchy situation. But if you're -- I can't see if -- if you're going to allow them to come in there and park during the day why you can't allow them during the night. And it's not that I'm a hundred percent in favor of having them park overnight period. Or even be there. De Weerd: I guess, you know, our ordinance says our parks are closed at dusk and that would be the reason why. It's that and it's inviting people into the park after dark and should they be there or not. I mean it's closed. And I guess that's -- that's what it comes down to the special permission is sought through the TUP and there is buy off by the police, fire, and parks department that it makes sense and they are now aware that someone is going to be there after dark. I guess those are the delineators for me. Moss: Madam Mayor, Members of the Council, I guess the other thing to throw out there is that, you know, unless we want to make a specific exception for Meridian Youth Baseball, I think Councilman Hoaglun is exactly right, that, you know, if we are going to allow overnight camping I think the best way to do it is to make sure that it's in conjunction with a temporary use permit, so that we can have some say over the conditions for when it -- how many -- where it's allowed and how many. The only issue that -- if we allow it -- if we -- you know, if we take out number one and take out number two and say it's allowed for special events, I mean we would essentially be opening it up for any multi -day event for not just the people who have to be there, but for anybody who is associated with the event, anybody who is coming in from out of town and so the Meridian City Council May 17, 2011 Page 39 of 54 Renaissance Fair, for example, they originally wanted a lot of people to stay there overnight, because they have got performing groups coming in from out of town and they would -- they really wanted to stay in the park, but we limited it to just security personnel. And a Renaissance Fair type event, if we, you know, allowed -- like I said, unless we wanted to make some specific exclusion for Meridian Youth Baseball to be able to have RV camping, we would really be opening the door for allowing any event to have anybody stay in the park. I mean, you know, we could limit the number, of course, but it wouldn't just be limited to sports tournaments is what I'm trying to say. De Weerd: Well -- and, then, I think you need to get an RV so you can be the camp host. Moss: That actually sounds like a lot of fun. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I get the sense that we are here tonight because the parks and recreation folks seem to think we want something different than what's been going on. My opinion is that Steve and staff has done an excellent job interpreting the tools they have and as far as I'm concerned they can continue to do that. I do not want to change their mode of operation, I don't want to give them direction that I either do or don't want RV parking. You have used your discretion in allowing it at times and not allowing it at others. I'm comfortable with that. I think if it's working for you, let's not figure out how to break it for you. Siddoway: Okay. Rountree: Okay? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I wholeheartedly agree. If it becomes a problem that -- but I don't see it has. I mean I can name you quite a few campers that have stayed at Fuller Park for baseball tournaments and to my knowledge -- and you talk about limited parking -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I can agree with the consensus that appears to be being built here. I just would change one thing and that is if you have written policies or it's just mental policies or whatever, I would change the word camping to RV parking. My sense is that Meridian City Council May 17, 2011 Page 40 of 54 camping to me implies tents and whatever your policy is I think it should . .. p Y be for or against or limiting or quantifying RV parking and my opinion would be there shouldn't be any tent camping. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think we need to take the short version of our legal attorney and g y just leave it alone. Like Mr. Rountree said, leave it alone. Siddoway: Madam Mayor, we have been doingour best to administer this. Like I say, we do have the tool to make determinations at a department level. We will continue to do so and we just -- we wanted to bring forward and letou know how Y we were managing that based on our internal criteria. I sense that there is some general -- . g al a comfort level with that and I would say we will just continue to do so. We always have the ability to change this, because they are internalolicies and if we -- if w p e have an issue come up, we would be happy to change this in the future. Okay? We do have one last item. We only have three slides. We thought we were going to be don . g g g e a little quicker, so this is the last one. Moss: Madam Mayor, Members of the Council, the last issue is whether or not event organizers should be able to charge admission into their events and so at the top of the slide is our current philosophy, which is basically -- our philosophy has been the parks are open to the public and they should stay that way and that if an event wants to have -- if an event organizer wants to have activities, that they can certainly do that and they can charge for some of those activities, but they cannot roe off or fence off or section ection off an area of the park and charge admission for somebody to enter that area of the park. And so, you know, work arounds up until now have beenou know, a bracelet acelet system where, you know, if you have all the activities inside the event area are free, then, you charge -- you have a booth and you charge for bracelets anybody that g y y athas a bracelet can participate in the activities, anybody who doesn't have a bracelet can still browse the events, but they can't do anything until the o buy a bracelet. An . Y g Y d so, you know, obviously, we can have food vendors who charge admission we can g have, you know, vendors who sell lots of different thins that can charge for their g g goods and services, but we have never allowed an event organizer to -- to charge admission g and so this is something that's come up with a couple different events in the past that it's p t we have not allowed, its coming up more regularly now and so we want toet some me clear direction on that. I wrote up, you know, kind of a draft philosophy of what -- what it could look like if we do want to decide to charge admission. One note thatou y know, just in doing some research on the topic, Boise Parks and Recreation -- I talked with Ginger Jewell there, who is their special event coordinator and theirhilo p sophy on special events is the same as our current one is. They do not allow any special ecial events to charge admission to the park and so Arts in the Park,ou know, their movie night ig ht program, beer fest, any other big event that you could think of in -- that occurs in Boise is the same way that we do it where people can browse the event they can walk Meridian City Council May 17, 2011 Page 41 of 54 through and not have to spend a dime if the don't want to but if Y they want buy any goods or participate in something, then, the event organizer has the option g pt on to change admission for those things. So, with -- Siddoway: To follow up on that, one of the reasons whythis is before you is because when the barbecue presentation was made he -- he mentioned to Council that he would like to fence off a portion of Kleiner Park, have a booth, require an admission -- q of like a donation to the Meridian Food Bank or if they don't do that then the have y to, you know, pay to get in and, then, they would also pay separately for the food that they would buy. I'm uneasy about the idea of fencing off part of theark and I real) -- I like p y the idea of having the park open to anyone that wants to walk through. I'm fine with them charging for the meals and charging for the food and the can have a -- you know, Y Y , a ticket booth and they can sell wrist bands or they do that thing, but I'd real) like the g Y park to stay open to the public to just wonder through as they wish. So, I know that was an important point to him as he presented that and really wanted to control that area and fence it off. So, we have tried to put some thought into how we may want to do -- may be able to do that if the Council wants to. But our current philosophy like I p Y -- say, we verified that it does match how Boise requires their special events to run and it's the one I'm currently most comfortable with. But we would seek your -- your feedback. I believe Savor Idaho that was trying to come to Kleiner Park also was wanting to fence off a portion of the park like they do at the Botanical Garden and charge admission. Moss: We had a request from the Knitting Factory to host concerts in thep ark and charge admission. The Renaissance Fair wanted to have an evening playand charge g admission to get into -- to get into the seating area, essentially, and so those are the kinds of requests that we have had and so -- Siddoway: We seek your direction. Moss: Exactly. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, is of the Council, as you can imagine one of the biggest gg concerns about that s the liability and recreational use immunity that we have by allowing free access to the park goes away. When you charge to enter the area you no longer have that immunity available to you, which means that liability either is absorbed by the city or absorbed by the event. Now, I'm sure some of the events would be happy to absorb that or would get insurance for that, but as we all know that's -- that always Y sounds great on paper, it doesn't necessarily work out that great in the reality. Y Someone at an event gets injured significantly and they are going to look to the city first, we are going to try to pass that off to the vendor, we are going to negotiate with insurance company, we are going to be -- it's problematic and, again, the -- you know, think the -- as we discussed this today, you know, I think the policies the park has tried Meridian City Council May 17, 2011 Page 42 of 54 to -- helps avoid I think the public's perception that I a for this p pay spark and now I got to pay to walk into this space and I know there certainly are people that would have concerns from the public about having to pay just to enter an area of the park, whereas we dont have anybody that has an issue about havingto a for pay -- pay to purchase items or pay to purchase food or those kinds of things. But the liability y certainly is the -- is the most significant concern that we have and so that's whyit'in front t of you. De Weerd: I guess, Mr. Nary, the only -- the onlysituation I could see ee the fencing makes sense is when you are serving alcohol and havingit beer garden a g or whatever, so you can better control, you have checked the ID of the people in that section and that they are allowed, under the catering permit, to be drinking alcohol. In that regard I would imagine just for their liability they would need to do something like that. Nary: Madam Mayor, Members of the Council, yeah, I mean there is two was of doing g it and you're absolutely right, Madam Mayor, a majority of circumstances that we see they will fence off an area that's a beer garden, everyone that enters that area has to be 21, they check IDs, they don't allow the alcohol to leave the area. In talking with m staff and I dont know if Colin got that same discussion with Boisearks but they y have a large event in the Boise parks now called the beer fest and they people allow le in p it and they wrist band everybody. So, if you're, you show an ID, you buy a wrist band .. y Y , now you're eligible to have beer. The entire area is where the beer is contained, but children are allowed in that area, so you can bring your family, but you et a wrist band . Y g , they dont. So, you can certainly do it either way. It's certainly easier to contain from a beer garden standpoint from the vendor's perspective that may be the safest. They have tried that in Boise, I think the beer fest -- I think last year was either the first or second year, so they have only done it a few times, but they have been able to police it . � that way. So you can do it either way, which you're exactly right, I meany ou want to make sure its contained, controlled, IDs are checked, it doesn't leave the area and those kinds of things. It's little different than they have in the Boise arks. Our arks . p p dont allow alcohol except with a shelter permit. Boise parks allow alcohol everywhere in the park. So, itsnot prohibited to have alcohol in the park anyway. So it's a little bit just yof difference there the way their ordinances are set up versus ours. But, anyway, Yw Y, they do it two different ways, so there is -- but both ways you want to make sure it's controlled. Siddoway: Are there any reservations among Council, Mayor, with the current philosophy staying where it is? Rountree: I have none. Siddoway: Okay. De Weerd: Mr. Zaremba. Zaremba: Everybody is shaking their head, but I'll say it out loud, I think the current policy is fine. Meridian City Council May 17, 2011 Page 43 of 54 Siddoway: Okay. We will indicate that -- we will keep enforcing that policy and communicate that to the special event organizers who approach us. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would add to that for some future thinking-- if we continue to get a lot of requests for people who want to have an event that the can control the entrance to i . y t by charging, we may at sometime want to have an event center that we could say, okay, we have a place where you can do that. You cant do it in every park, but here is an event center and you rent it for two, three, four days. Just something to put on the list for future capital. Siddoway: Down the road. Put that on the wish list. De Weerd: Yeah. Wish. Dream. Moss: Thank you. D. Parks Department: Budget Amendment for Parks Maintenance Facility Property in the amount of $540,000.0.0 De Weerd: Thank you. Okay. Steve, you're the next two items. Siddoway: I will try to make this fairly brief, Mayor and Council. I believe the first item on the agenda is the budget amendment; correct? And, then, the second item is the purchase and sale agreement. So, I will take them in that order. About 11 months ago g in June of 2010 we began our search formally for a new maintenance building facility site. We worked with Colliers International, identified multiple locations, narrowed those down to five and, then, down to three. Worked through some concept planning and p g reached a top choice. We have been in negotiations with that -- that top choice site, it's at Locust Grove and Lanark, with frontage on Locust Grove Lanark and Nola. The site is 5.45 acres per the assessor's office. We have been working with the owner Mr. Arthur Berry and have negotiated a purchase and sale agreement with them in the amount of 830,000 dollars. We have 300,000 dollars currently budgeted in our land acquisition account. We need an additional 530,000, plus 10,000 for due diligence process and closing costs, so you have a budget amendment before you for 540,000 and I will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: Madam Mayor? Meridian City Council May 17, 2011 Page 44 of 54 De Weerd: Mr. Rountree. Rountree: I move that we approve the budget amendment request for amount nt not to exceed 540,000 dollars. Bird: Second. De Weerd: I have a motion and a second to approve this. An discussion Clerk. pp y Madam Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoa lun�yea. g De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Parks and Legal Departments Joint Report: Purchase and Sale Agreement Between the City of Meridian and Arthur Berry for the Purchase of Approximately 5.45 Acres of Bare Land for a Not -to -Exceed Amount of $840,000.00 De Weerd: Okay. Steve. Siddoway: Madam Mayor, the next item is the purchase and sale agreement, as g negotiated with Mr. Arthur Berry and his partner Doug Tamura. We were successful in receiving original signatures and the deputy city clerk has that tonight available for signature. If approved tonight we have a 30 day due diligence period built in to move before closing and we are lined up with -- ready to perform that due diligence beginning g g g tomorrow and I will stand for any questions. De Weerd: Council, any questions? Rountree: I have none. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the purchase and sales agreement between Cit of g y Meridian and Arthur Berry for the purchase of bare land and authorize the Mayor to sign and the Clerk to attest. Y g Bird: Second. Meridian City Council May 17, 2011 Page 45 of 54 De Weerd: I have a motion and a second to approve this item. If there is n p o discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Y Hoa lun, ea. g De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Siddoway: Thank you. De Weerd: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: While Mr. Siddoway is still available, I understand that this eveninghe attended the first basketball games in what was formerly the inline skatep ark in Heroes and I just wondered how that went. Siddoway: I was there tonight, Madam Mayor and Members of the Council. It was their first night of having the PAL basketball program in the new basketball standards that we installed over the last couple of months. It was fantastic. There was -- every one of the six courts were in use. They had, you know, four games back to back lined up and the park was full. So, it was fantastic to see. They pulled it off in short notice. I will report that they did provide the 8,000 dollar check as promised to Council before we proceeded with the construction and that's been applied to finance. So, it was nice to see it kick off tonight. Zaremba: Thank you. F. Public Works Department: Budget Amendment for Inventory Control Specialist De Weerd: Okay. Next the item is under Public Works. Hi, Rich. Dees: Madam Mayor, Members of the Council, good evening. I don't know if that will stay there or not. There it is. It's just a bolt. That's all it is. I don't have the clicker thing, so -- Anna? I don't have the clicker things on there, can youg ive me the -- ah. no. There they are. Thank you. Nary: You know, parks only had three slides, just so you know. Dees: Thank you, Mr. Nary. I only have 110. Meridian City Council May 17, 2011 Page 46 of 54 De Weerd: You only have a hundred; right? Dees: No. You know, the chief of police -- there it is. The chief ofp olice accused us of having 40 slides. I only have six this evening. I undershot a little bit. So canY ou tell -- oh, he left. Hoaglun: Thought you had 40. Dees: It's just a bolt. That's all it is. I was going to do a uiz and ask you how much q you think that bolt costs, but I will tell you in the interest of time. It's about 20 bucks. It's a 20 dollar bolt. It's pretty expensive for a bolt, not very just bi , a little thin but as gg, Paul Harvey said, now for the rest of the story. Inventory controlspecialist is what we are asking you to approve this evening. The amendment you have before you is a -- g not only a no cost amendment, but its also going to be a cost savings amendment when we get all through with it. We are asking you to convert a vacant services coordinator position in water to an inventory control specialist position. It won't an require budget q Y g changes whatsoever and, again, as I say, it's a cost savings amendment. There it is. We do have a need for an inventory control specialist. We don't have any adequate uate control over the inventory we have. Inventory is scattered all over the department. It's everywhere in cubbyholes, it's in lean-tos, it's in buildings, but it's certainly not organized. Spare tracking doesn't really exist in anything that we have. The condition is unknown. We had a motor the other day, we had to g o put it into a clarifier. It was brand new we thought. Been sitting around for about five years. When we put it in we found out it didn't work. We had to go replace it again. So, the motor condition was unknown. It was sitting in an open lean-to for storage, so it wasn'tro erl stored. We p p Y make a lot of duplicate purchases and we have a lot of obsolete items. Ourp lants are very new, our equipment is new, and so we have a lot left over, we just flat don't need, but it's still stacked up and you can see some of the pictures there. There is no financial accountability, which is not a good thing. The parts you see in theran ictures a from p g dust a few dollars to over 2,500 dollars apiece in those two picturesY ou see there. We have got tens of thousands of parts in different locations scattered throughout our department. One of the things that we did is we looked around and tried to figure out g what kind of guidance do we have for inventory control. Whydo we need inventory rY control? Who says we need inventory control? The -- the American Public Works Association best management practices says inventory control is something you need if you want to maintain good asset management. It requires a robust system, so that we can control what we have and how we spend it and when we get it. We actually went and dust like Mr. McQuade did, we got an independent contractor to say will you come and assess and try to figure out what we need for inventory control, the did it was Y Brown and Caldwell, and they confirmed that we did, indeed -- we do indeed need to have an inventory control system in place within the city. Certainly within public works department. So, our request this evening is pretty simple, we want to convert a vacant services coordinator position to an inventory control specialist and, then we want to move that position over to the business operations manager, because it doesn't do just water or wastewater, it does the entire Public Works department. So, it encompasses a Meridian City Council May 17, 2011 Page 47 of 54 lot of things, not just those two divisions. The benefit are -- should be obvious. If not we will go over them very quickly. It certainly enables us to implement our Y repair cycle p business model. We have a model that tells us how we should repair things. You p g talked about maintaining the old city hall today, you talked about establishing a PM program. Well, in order to implement programs like that you need to have ag ood inventory control system right at the core, so you can know where the parts are to do that. It establishes a stock control activity, certainly centrally pp our manages supplies and g inventories and it capitalizes our purchasing power. We are not taking advantage a of that fact that we can buy less expensively than most people can, but we don't take advantage of that at all. It reduces waste and certainly in efficiencies and unnecessary duplication. Our stock control system is modeled after the industry leaders of stock control, so have picked the best of the best and that's how we have crafted our system that we want to implement. As I mentioned its dust a bolt, 20 bucks. We haveg of a hundred of these in stock. We don't really need any, because we cang et these bolts downtown at a local market within 15 to 30 minutes, so we can let someone else store it for us, yet we have a hundred of these. Now, how did we get a hundred of them? Nobody did anything wrong. It wasn't because people were trying to do something incorrectly -- we needed the bolts. We had a problem. So, people ordered the bolts. They didn't order just three if they needed three, they ordered -- well, let's see we need two more for spares and so they bought five and, then, when they of the five in the . g Y may have misplaced them, so they had to do it again and they put them in one of those cubby holes that you saw in the pictures. They were misplaced. They don't cost too much, so they didn't raise any red flags certainly when we were buying bolts, 20 dollars Y g apiece times five, not much money, it's a typical invoice. We didn't use the principle of . p p economic order quantities. If we did need 50 bolts for a particular project, we certainly didn't order 50 bolts or think, well, lets see, do we get a break if we order 60? That wasn't even part of the equation. So, it was just a bolt after all and we didn't really do anything incorrectly. We did exactly what we have been doing for the last number of years. In fact, this has been happening for a number of years and we are not unique. It iq turns out n many cities, as we found out from our contractor, throughout the state, , throughout the nation, they have the same problem. So, our problem is not unique to q the City of Meridian at all, but we would certainly like to fix it and as Paul Harvey would say, that is the rest of the story. We want to make sure that we don't buy many of Y those and although we are talking about just a bolt here this evening g costin 20 bucks multiply that times tens of thousands of items costing more than 20 dollars and now you're talking about a fairly large investment that we have laying out there that we need to get our arms around and that's the reason we want to start an inventory control program and, in fact, hire an inventory manager. Do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Just a statement. Rich, I agree wholeheartedly with you. We should have little or no inventory. The only inventory we should have if something s a if it'long lead item and they -- with pumps and stuff like that they are pretty available locally. I would -- I would Meridian City Council May 17, 2011 Page 48 of 54 think if we had over five percent of our assets in inventory we are too high. A good inventory person can safe us money. We thought we got a lot of waste out there that we are going to have to throw to a junk from the looks of the pictures you took. I'm in favor of it. Also we need to make sure that it's done right and it's kept up to date and somebody don't get lackadaisical and you say buy right, well, if you only -- if you need fifty and you buy sixty, you're not buying right I don't think. Buy what you need, because every month that they sit on there is costing you money. It's cash flow. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Thank you. I think it's an excellent idea. I -- in having the thought presented, having control of our inventory is important. I agree with Mr. Bird that just in time purchasing is a good idea, but we need to know what inventory we have to begin with, be able to use that up if possible. The mind expands into thinking, okay, who else needs this. Many of our departments really just have office equipment, but, then, the Parks Department and the Police Department and the Fire Department have a lot of spare parts and inventory and other stuff. So, I wonder whether this ought to be kind of a city-wide position or are you assuming -- or rather -- let me put it a different way. Would it be possible that the person that reports to Public Works would have the time to handle four other -- three other departments as well? Dees: Madam Mayor, Councilman Zaremba, it depends. We think for the first little while it's going to take one person a great deal of time to get their arms around just what we have in Public Works. We talk internally about expanding this citywide, but we think initially we are going to have to concentrate on what we absolutely know is -- needs to be fixed and that's going to take some time and we'd certainly like to take the opportunity to take that time and find out what it's going to take. Can we do it? Well, software wise we already own the software. Hanson software has it and does it. We already own it. It will certainly take care of the entire city. Hanson has that capability. Y No problem whatsoever. Do we have the band width, if you will. With one person to do the entire city, I don't know the answer to that question, but certainly it is something we absolutely should look at. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: By your pictures and knowing full well a good share of your inventory is also roaming around the streets in the back of pickups, do you have space to centrally warehouse these and distribute these items, given the state that you have shown us in your pictures that they are spread around in the various departments in various buildings and, again, on your mobile platform. So, is that something you have looked at and where are you going to do that? How are you going to do that? Meridian City Council May 17, 2011 Page 49 of 54 Dees: Madam Mayor, Councilman Rountree, the answer - the short answer is yes. We would like to establish, if you will, a small warehouse, one at wastewater and one at water initially. There are spaces there. We certainly want to secure them -- clean them up, secure them so people can't just start randomly pulling and pushing, but there are spaces there and right now more than adequate to take care of the inventory that we should have now. As it grows centrally warehoused items make a lot of sense. Certainly something here in City Hall for the -- I know John -- John's working on some stuff for us now for City Hall for the paper products, having that centrally located and centrally dispatched with paper products just inside the city will save us a ton of money. So, it might make sense later on to centrally locate everything. Rountree: Thank you. De Weerd: Mr. Hoaglun. Hoaglun: Madam Mayor, my comment was going to be a motion if we are ready for that. Bird: Go ahead. Hoaglun: Madam Mayor, I move approval of the budget amendment for Public Works that would move the vacant services coordinator position into an inventory control specialist that would report to the business operations manager. Zaremba: Second. De Weerd: I have a motion and a second to approve the item in front of you. Any discussion? Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Dees: Madam Mayor, Members of the Council, thank you. G. Public Works Department: Discussion on Possible Amendment for a Geographical Information System (GIS) Technician Resulting in a Savings in Personnel Costs of $21,934.00 De Weerd: Okay. Our next item is Item 10-G, also Public Works. Good evening, Warren. Meridian City Council May 17, 2011 Page 50 of 54 Stewart: Good evening, Madam Mayor, Members of the Council. It's good to be with You. I may not speak quite as eloquently or as humorously as Rich does but hopefully, can get the information to you. Tonight -- De Weerd: And how much did you pay him for that? Nary: Maybe he should have Doug come stand up here Stewart: Maybe. Yeah. Where is the little box that I usual) hitOhOkay. y. . ay. Don' t need it. I'm here tonight seeking your approval for an enterprise fund budget p g amendment that will essentially take our halftime GIS position to a full time position. . p In order to accomplish this the Public Work Department will be eliminating a funded but u . g unfilled development analyst position within development services. The overall result of this amendment will be the elimination of a halftime FTE within the Public Works Department. This will result in a decrease of almost 30,000 dollars to our overall budget this year and moving forward. This change will enable the Public Works Department to meet the current GIS workload, as well as support the GIS plan citywide. . p yw The Development Services analyst -- excuse me -- the development analyst position within Development Services is being eliminated for the time being, because h .. .. g, the economic conditions haven't warranted filling that position. Recent statistics that I heard both from Development Services and also from a BCA meeting that I recent) attended, ' . g y ded, indicate that this summer they anticipate both construction and to development ' p be similar to what it was last year. So, we don't anticipate a great increase in that need. .. g The need for additional -- the additional half time Public Works GIS resource is due to several things. One, GIS technology and software has created an opportunity for improvements pp y p ovements and also for increased utilization of GIS data and that recognition and realization anon has increased the need or the requests, both internally and externally, for GIS information. Also the recent implementation of Arc SDE, Hansen, Accella Info -Swim Info -Water , and the vital valve turning software, along with additional GPS software and user support have added to the work load of the GIS staff within Public Works. There is also a growing list of data layers to be maintained. Currently the Public Works Department GIS team maintains 33 data layers in the GIS system and that continues t Y o increase. The real significance of this additional work -- or the importance of this additional al work is it allows the city -- the rest of the city staff to make better and more informed decisions s ons as we move forward. Although the need for the additional GISp ersonnel resources is due to the increased workload within Public Works, thero osed budget amendment p p g is in alignment with the city-wide GIS plan and Public Works has also spent some time coordinating and working with the IT department, as well as the city-wide GIS team in insuring that the amendment that you are -- that you see before you tonight is in . Y g alignment with that plan and is supported by the city-wide GIS team. Man of the task . y s and deliverables as you may know that are identified in the ro- citY p gwide ram have Public Works elements and we anticipate working collaborative) with the GIS team city Y wide in order to see those projects come to a successful completion and we know that these resources will be utilized in that way, but they will also be utilized to basically satisfy the current need that we have within the Public Works Department. And with that I will stand for any questions. Meridian City Council May 17, 2011 Page 51 of 54 De Weerd: Council, any questions? Bird: I have none, Mayor. Rountree: I have none. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move thatthe budget amendment be approved moving ng the vacant development analyst position into the full-time GIS technicianp osition. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Seeing none, MadamClerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. g De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Our next item -- Rountree: Madam Mayor, before we leave that topic -- and I know the Public Works guys are about ready to leave, but -- and this is for Bill as well. AsY ou move towards a more robust system or maybe you can do it now, it would be interesting in a workshop . g p for some of the folks up here that aren't familiar with what GIS can do to do to real quick and simple demonstration of Public Works, Planning, Finance and all the folks that are utilizing it and the kinds of information they can access to make their jobs easier. Hopefully you're near there or maybe you already are there. I know I worked with Anna on some things and it's -- it's the wave of the future, if we areoin to do it g g and we are doing it, we need ito continue it, as opposed to just beingdatabase it is an , information system. So, it's a s how you manipulate that data to make the information and that's what's neat about that. So, you guys might want toet together and do a 15 g g minuter on how the various departments are using it with a demonstration. Canning: Madam Mayor, may I ask a quick question? Yeah. I'm over here on this side. De Weerd: Who said that. Meridian City Council May 17, 2011 Page 52 of 54 Canning: Madam Mayor, Members of the Council, wouldou like that in conjunction � coon with the presentation on the GIS plan itself or would you like us to save that for our budget hearings? y y Rountree: However -- my preference is however it works withou. If it's easier then, , then, fine. Canning: Okay. We will figure out something, then. Thanky ou. H. Clerks Office: Approval of New Beer and Wine License for Ustick Chevron LLC dba Fast Eddys Ten Mile Located at 750 N. Ten Mile De Weerd: Appreciate your comments. Okay. Under 10-H, our Clerk's Office. You have in front of you the need for approval of a new beer and wine license for our upcoming Chevron. Jones: Thank you, Madam Mayor, Members of the Council. Thea applicant for these se i licenses s still working with Development Services to obtain the certificate of occupancy p cy for that location, so what we would like to request is a conditional approval for those ose i licenses and f you're okay with that, for the Mayor too ahead and sin that tonight g g gt and, then, Mrs. Holman will obtain -- or, excuse me, provide her signature to those permits once the C of O is obtained by the applicant. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the new beer and wine license for Ustick Chevron LLC doing ig business as Fast Eddy's at Ten Mile, 750 North Ten Mile, and with the condition that it's signed and will be given out on -- when we get the certificate of occupancy. Rountree: Second. De Weerd: I have a motion and a second to approve this conditional to approval of the certificate of occupancy. Any discussion? Bird: I have none. De Weerd: Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun,y ea. De Weerd: All ayes. Motion carried. Meridian City Council May 17, 2011 Page 53 of 54 MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics De Weerd: Okay. Are there any items to consider under future? meeting topics. Bird: I have none. Item 12: Other Items A. Item Amended: Executive Session per Idaho State Code 67-2345 (1) (d)(f) — (d) To Consider Records That Are Exempt From Disclosure as Provided In Chapter 3, Title 9, Idaho Code; and (f)To Consider and Advise its Legal Representatives in Pending Litigation De Weerd: Okay. Item 12 is an Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and (1)(f). Hoaglun: (1)(d). Bird: (1)(d). I'm sorry. (1)(d). Hoaglun: And (1)(f). Bird: And (1)(f). Hoaglun: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; y Hoaglun, ea. g De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (9:42 p.m. to 10:59 p.m.) Meridian City Council May 17, 2011 Page 54 of 54 De Weerd: Motion to come out of Executive Session. Rountree: So moved. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Hoaglun: Second. De Weerd: All those in favor. MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 11:00 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAWMY De WEERD A,CTIKT4' 10AY61Z ATTEST: JAY 60 / '03 DATE APPR * r t plo S tl, sst NQS � V fA/S ti q iy Changes to Agenda: Item 6. B. remove and reschedule for June 7, 2011. Item #9.A: Waverly Place (FP -11-003) Application(s): ➢ Final Plat consisting of 25 building lots and 3 common/other lots on 4.9 acres of land Size of property, existing zoning, and location: This site consists of 4.9 acres, is currently zoned R-8, and is p p Y� g located at 2510 Magic View Drive. Summary q of Request: The applicant requests approval of a final plat for Waverly Place Subdivision consisting of 25 building lots and 3 common/other lots on 4.9 acres of land. Council approved a comprehensive plan map amendment, rezoned and preliminary plat earlier this year. recall that the project site hada previous approval (2006) for a multi family development consisting of 6 Council may p }ec four plexes and a club house on 6 residential lots,1 clubhouse lot and 4 common lots. That plat expired in September 2010. The subject final plat is for the development with 24 attached, individually owned townhomes in clusters of two sharing a common property line. Each dwelling unit is proposed to consist of a minimum of 1,100 square feet. The applicant envisions this development to be a retirement community for individuals 55 years of age and over. A clubhouse with an attached 2 -bedroom caretaker unit is also proposed which will be owned & maintained by the HOA. Written Testimony: Email communication from the applicant stating agreement with staff report and conditions. Outstanding Issue(s) for City Council: None Staff Recommendation: Approval Notes: '53 Page 1 of 1 Tammy de Weerd From: Brad Miller [bem a@cableone.net] Sent: Tuesday, October 05, 2004 9:56 PM To: Tammy de Weerd Subject: 10 Mile Interchange Tammy... lack of faith in getting the 10 Mile interchange constructed in less than 7-8 years I have been thinking about my and I think I need to show a little fat your h in our abilities to accomplish this huge challenge. Here is what I am willing to do. If you are able to get the interchange a constructed and opened for traffic on or before January 1, 2012, 1 will appear at the next City Council Meeting after the Ribbon Cutting, dressed as Elvis and apologize to you and the I n the event that you are no longer serving as Mayor, I will appear at a location of City Council for my lack of faith. y your request, dressed as Elvis and I will acknowledge that Tammy De Weerd is Queen of the World and that I am nothing. Could be fun. Thanks for all you do. I think you are doing a great job. Brad Meridian City Council Meeting DATE: May 17, 2011 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Agreement with Ada County Highway District for Adjustments of Water Valve Lids in Conjunction with Overlay Projects MEETING NOTES A�v10 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS �E IDIAN�-- Publi*c IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE: May 9, 2011 Mayor Tammy de Weerd Cb&v Coandl Members Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVAL OF AGREEMENT WITH ACHD FOR ADJUSTMENTS OF WATER VALVE LIDS IN CONJUNCTION WITH OVERLAY PROJECTS I. RECOMMENDED ACTION A. Move to: 1. Approve the agreement with th ACHD for adjustments of water valve lids in conjunction with overlay projects; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Tim Curns, Transportation and Utility Coordinator 489-0342 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION Back round Asp art of the Ada County Highway District overlay projects, the City of Meridian is required to adjust water valve lids to be flush with the new pavement surface. In an effort to simplify this process, Public Works and ACHD have formed an agreement to include the City's work in the District's construction contract. This will make coordination of the work simpler and reduce costs to the City. 1 of 2 IV. V. VI. VII. IMPACT A. Stratepaic Impact: This agreement with ACHD allows the City's work to be constructed at the same project, ACHD'ro' ect, thus cost savings and a reduction in the overall duration time as of construction in the roadway. These benefits further the goals of the Public Works Department to conduct projects in a fiscally responsible manner and Wor p minimize impacts to the traveling public. B. Fiscal Impact: g Although this agreement does not have any up front costs associated with it, the g City g is obligated to reimburse ACRD for the City's portion of each Overlay proJ g' project. Although individual project costs will be paid at a later date, a reduction in overall project construction cost will be realized due to ACHD sharing costs such as administrative, traffic control, and mobilization. Some of the individual overlays are federally funded, which means the City will only have to pay a 7.34% match for the valve work on those projects. ALTERNATIVES Council may choose not to approve the agreement; however, this would cause the work contained in thep roj ect to be removed from the ACHD project and bid separately at a higher cost. TIME CONSTRAINTS Council's approval will allow the City's work to be executed with ACRD' s project. Construction of this year's overlays is anticipated to being in July, with bidding in June. LIST OF ATTACHMENTS A. Agreement with ACHD Approved for Council Age 11 1 f Warren St art, Engineering Manager Date 2 of 2 INTERAGENCY AGREEMENT BETWEEN ADA COUNTY HIGHWAY DISTRICT AND CITY OF MERIDIAN FOR REPLACEMENT OF WATER VALVE LIDS ACHD OVERLAY PROJECTS ACHD PROJECT NO. 511011 ACRD PROJECT NO. 511022 ACHD PROJECT NO. 710016 ACHD PROJECT NO. 711010 THIS AGREEMENT made and entered into this day of , 2011, by and between the ADA COUNTY HIGHWAY DISTRICT, by and thro its Board of Commissioners hereinafter called DISTRICT or ACRD, as first party, the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City k ouncil hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. RECITALS WHEREAS, ACRD is a single county -wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction, and authority to maintain, improve, regulate, and operate public rights- of-way in Ada County. WHEREAS, City is a public entity organized and operating pursuant to Idaho Code Title 50, as amended and supplemented. City is a municipal corporation with jurisdiction, authority and police power to regulate and control municipal activities within the City. WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share certain tasks and costs of certain overlay projects, collectively referred to herein as "PROJECTS", and such PROJECTS are identified as follows: 2011 Local Overlays — ACHD Project No. 511011, Meridian Road, McMillan to Chinden and Main Street, Rail Road Tracks to Cherry Lane. 2011 Local Overlays Phase 2 — ACHD Project No. 511022, Black Cat Road, Overland Road to Franklin Road. 2011 Federal Aid Overlays — ACHD Project No. 710016, Linder Road, 1600' north of Ustick Road to 1300' south of McMillan and Linder road, 150' south of Biddick to Cherry Lane. Page 1 of 6 2012 Federal Aid Overlays — ACHD Project No. 711010, McMillan Road, Ten Mile .� Road to Meridian Road. WHEREAS the DISTRICT is willing to accommodate MERIDL N' S request by arranging for the replacement and installation of water valve lids for MERIDL N' S water system � g ' as art of the PROJECTS so long as the DISTRICT receives assurances that the DISTRICT will p be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the replacement and installation of the water valve lids for MERIDL N's water system within the PROJECTS including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water valve lid design, replacement and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering construction contracts for the LOCAL PROJECTS, and be the SPONSOR for FEDERAL AID PROJECTS, hereinafter referred to as "CONTRACTS", and water valve lid replacement and installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the PROJECTS, and water valve lid replacement and installation work referenced herein; c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACTS prior to making such award; d. Make monthly progress payments and the final CONTRACTS' payment to the Contractor(s) in conformance with the terms of the construction CONTRACTS; e. Submit to MERIDIAN a copy of each Contractor(s) progress payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN'S concurrence regarding MERIDIAN'S portion of the work, together with an invoice for MERIDIAN'S share of the PROJECTS CONTRACT costs earned by and to be paid to Contractor(s); 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection of all water valve lids replaced and installed under the CONTRACTS and provide copies of appropriate tests and diaries to the DISTRICT Project Representative. Any field survey and grade control required for the installation of the water valve lids replaced and installed under the CONTRACTS shall be provided by MERIDIAN; Page 2 of 6 b. Provide DISTRICT with special provisions, and unit bid quantities for the water valve lids to be included in the bid documents for the CONTRACTS (all work required for the water valve lids to be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Supplemental Specifications to the ISPWC); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACTS' payment estimate; d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of five (5) percent of MERIDIAN'S construction costs for all additional costs incurred by the DISTRICT, including overhead and benefits, project administration, and soils work required solely for the replacement and installation of the water valve lids; f. Reimburse the DISTRICT for mobilization, traffic control, flagging, detours, and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN'S project costs as they relate to the total Projects' construction costs; 100`` g. Be liable for the cost of repairing any failures attributable to the water valve lids, and be liable for and indemnify the DISTRICT for any and all costs and damages resulting from any such failures; and h. Reimburse DISTRICT for all other actual costs attributable to the replacement and installation of the water valve lids, including the 7.34% match for federal funds on FEDERAL AID PROJECTS, or to the removal of any or all items from the Contract that are associated with the replacement and installation of the water valve lids. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The CONTRACT amount for MERIDIAN'S portion of the PROJECTS to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed and paid for pursuant to the unit, and/or lump sum prices established in the CONTRACTS; c. MERIDIAN'S approval will be required for any change order work involving the 'y`` replacement and installation of water valve lids; Page 3 of 6 d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor(s), inspect each entire PROJECT for the purpose of reviewing the PROJECTS to locate and note any unstable areas and resolve any items of concern or misunderstanding; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. k. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 1. This Agreement and any exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. m. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by ACRD and MERDIAN. Page 4 of 6 p. The headings used in this Agreement are used for convenience onlyand are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject an art � J sub' Yp Y to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. � S. Time shall be of the essence for all events and obligations to bep erformed under this Agreement. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the da and Y year herein first written, ATTEST: ADA COUNTY HIGHWAY DISTRICT .�.......�_�. By. Bruce S. W--ong Rebecca W. Arnold Director * `� rj^��~t President, Board of Commissioners S ATTEST: CITY OF M ERIDLAN : Y• ' ycee 4,��r L Tammy de We r City Cler Mayor . .:.. y Page 5 of 6 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of I C W, 2011 before me, a notary public in and for said state, pArsonally appeared RE CCA W. ARNOLD and BRUCE S. WONG, PRESIDENT of the ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS and DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT, respectively, and known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said highway district. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. y tiOTA*y 40940 p� j8 L1C ••�_ op STATE OF IDAHO ) ss. COUNTY OF ADA ) Notaly Public for Idaho, . Residing at til o -n , Idaho My commission expires: 3- q - Z() t i On this jer day of , 2011, before me, the undersigned, personally appeared TAMMY DE WEERD rand 4 TN, Mayor and City Clerk respectively of MERIDIAN CITY a municipal cV aor ti 0k 6%6 to me to be the persons p y p whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Ulm r Notary Public for Idaho Residing at C,,n . , Idaho My commission dpires: zy _ z 4 -1 Z, - Page 6 of 6 Meridian City Council Meeting DATE: May 17, 2011 ITEM NUMBER: 6B PROJECT NUMBER: MDA 11-003 ITEM TITLE: Findings of Fact &Conclusions of Law for Approval Meridian Vision by Kevin McElroy Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Amend the Existing Development Agreement (Instrument No. 107067262) to Include a New Site Plan and New Elevations MEETING NOTES V -eA -[ I +,0 1 ;�o I I V/00 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 17, 2011 ITEM NUMBER: 6C PROJECT NUMBER: FP 11-002 ITEM TITLE: Final Order for Approval Barletta Subdivision by Russell Hunemiller Located on the Northeast West Side S. Ten Mile Road, Midway Between W. Tasa Drive and W. Overland Road Request: Final Plat Approval Consisting of Two (2) and Two (2) Common Lots on Approximately 5.80 Acres of Land MEETING NOTES i epv)x--D\rA CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 97/) BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF RUSSELL ) HUNEMILLER FOR FINAL PLAT ) APPROVAL OF 2 BUILDING LOTS ) AND 3 COMMON LOTS ON 5.80 ) ACRES IN AN R-2 ZONING ) DISTRICT LOCATED ON THE ) WEST SIDE OF S. TEN MILE ) ROAD, MIDWAY BETWEEN W. ) TASA DRIVE AND W. ) OVERLAND ROAD IN THE ) NORTHEAST 1/40F SECTION � 22, TOWNSHIP g NORTH, � RANGE 1 WEST, C/C April 26, 2011 CASE NO. FP -11-002 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on April 26, 2011, and the Council finding that the Administrative Review is complete from Bill Parsons, Associate City Planner for the Planning Department, and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Date: April 26, 2011, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING BARLETTA SUBDIVISION LOCATED ON THE WEST SIDE OF S. TEN MILE ROAD, MIDWAY BETWEEN W. TASA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARLETTA SUBDNISION (FP -11-002) Page 1 of 4 DRIVE AND W. OVERLAND ROAD IN THE NORTHEAST/40F SECTION 22, TOWNSHIP 3 NORTH, RANGE 1 WEST, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2011, HANDWRITTEN DATE: 04/07/2011, SHEET 1 OF 2, ENGINEERING SOLUTIONS," RUSSELL HUNEMILLER, Applicant, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bill Parsons, Associate City Planner for the Planning and Zoning Department and Scott Steckline, Land Development Supervisor, for the Public Works Department, dated: Hearing Date: April 26, 2011, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 13 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 8 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARLETTA SUBDIVISION (FP -11-002) Page 2 of 4 AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of 2011 Attest: By: Tamm: Weerd Mayo , City of Meridian 0��' 46, s,v Jaycee FIoI i, Ci erk Copy served upon Applicant, the Plannii City Attorney. 1 +b day Zoning Department, Public Works Department, and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARLETTA SUBDIVISION (FP -11-002) Page 3 of 4 By: il ' Dated: � ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARLETTA SUBDNISION (FP -11-002) Page 4 of 4 STAFF REPORT Meeting Date: TO: FROM: SUBJECT: April 26, 2011 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 Scott Steckline, Land Development Supervisor 208-887-2211 FP -11-002 — Barletta Subdivision I. APPLICATION SUMMARY W E IDIAN 4 H O NZ, !Mum The applicant, Russell Hunemiller, has applied for final plat approval for 2 residential lots and 3 common lots on 5.80 acres of land for the Barletta Subdivision. The subject property is zoned R-2 (Low-density Residential District). The proposed plat has a density of 0.34 units to the acre which is consistent with density requirements of the R-2 zoning district. The site is located on the west side of S. Ten Mile Road midway between W. Tasa Drive and W. Overland Road in the northeast 1/ of Section 22, Township 3 North, Range 1 West. The City Council approved the preliminary plat on November 16, 2010. The plat contained 2 residential lots and 2 common lots on 5.80 acres of land in an R-2 zoning district. While the preliminary plat was being processed by the City, the Ada County Highway District (ACRD) was negotiating with the property owner for additional right-of-way (ROW) for the widening of S. Ten Mile Road. The approved preliminary plat depicted 56 feet of ROW that was to be dedicated via the plat. Due to the widening of S. Ten Mile Road a portion of Lot 4 fronts along S. Ten Mile Road. The unified development code (UDC) requires that a 25 -foot wide common lot be platted along S. Ten Mile Road, an arterial street. The applicant has extended a common lot (Lot 5, Block 1) to address the street buffer requirement of the UDC. Thus, the number of common lots has increased from two to three from the approval of the preliminary plat. The additional common lot has increased the amount of open space originally proposed on the preliminary plat. The amount of open space planned for this subdivision is in excess of 11 percent. Per UDC 11 -6B -3C, a final plat should be reviewed for substantial compliance with the approved preliminary plat. The following changes are allowed by UDC to grant approval of a final plat in order to determine substantial compliance with the approved preliminary plat: • The number of buildable lots is the same or fewer; • The amount of common open space has increased; • The amount of open space is relocated with no reduction in the total amount; • The number of open space lots has increased and • The transportation authority has required minor changes. Based on the aforementioned criteria, Staff finds the proposed final plat to be in substantial conformance with the approved preliminary plat attached as Exhibit B with the inclusion of the added common lot. The applicant has until November 16, 2012 to obtain the City Engineer's signature on the final plat or apply for an administrative time extension in accord with UDC 11-6B-7. Barletta Subdivision FP- 11-002.doc PAGE 1 II. STAFF RECOMMENDATION Staff recommends approval of the Barletta Subdivision final plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved Barletta development agreement (instrument # 111022579), annexation (AZ -10-002), and preliminary plat (PP -10-002) applications for this subdivision. 2. If the City Engineer's signature has not been obtained b 11/16/2012 the Final P shall expire. Y Plat approval 3. The property shall be subdividing in accord with the UDC prior to issuance of a buildingpermit. p t. 4. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 5. The final plat prepared by Engineering Solutions, stamped on 04/07/11 by Michael E. Marks is approved with the following changes: a. Revise note #8 on the face of the plat to include common lot #5. b. Either add a note to the plat that Davis Drive/common drive is to maintained by the homeowners or provide proof that an existing maintenance agreement has been recorded with Ada County and note the maintenance agreement on the plat. If said maintenance agreement does not exist than the applicant shall comply with the requirements for common drives as outlined in UDC 11 -6C -3D. C. Graphically depict on the plat the 10 -foot wide Public Utilities, Drainage and Irrigation easements on the subdivision boundaries and interior lot lines. 6. The landscape plan, prepared by South Landscape Architecture, and dated 07/21/10 is approved with the following changes: a. Construct and install Lot 1, Block 1 adjacent to S. Ten Mile Road, as proposed. b. Revise the landscape plan to include an additional 25 -foot wide common lot (lot 5, block 1) adjacent to S. Ten Mile Road. This buffer shall be planted in accord with UDC 11 -3B - 7C. The landscape buffers adjacent to S. Ten Mile Road are subdivision improvements and shall be installed prior to receiving a building permit. C. Submit a landscape plan stamped and signed approved for construction and labeled final plat landscape plan. d. Install additional landscaping in Lot 3, Block 1 as proposed. This improvement shall be completed prior to receiving a building permit. e. Update the open space calculations on the revised landscape plan to include the additional open space proposed with Lot 5, Block 1. Note: Only 50 percent of the 25 - foot wide landscape buffers adjacent to S. Ten Mile Road can count towards the 10 percent open space requirements. Submit three copies of a revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. Said plan shall be consistent with the changes listed above. Barletta Subdivision FP- 11-002.doc PAGE 2 7. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7 Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 8. Prior to signature of the final plat by the City Engineer, the applicant shallp rovide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 9. In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 10. Driveways shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 11. The applicant shall post an address on Davis Lane before construction on the building is started. 12. All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 13. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water. 2. All development improvements, including but not limited to pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 3. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 4. Applicant shall be required to pay Public works development plan review, and construction inspection fees, as determined during the plan review process. 5. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 6. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Barletta Subdivision FP -11-002 . doc PAGE 3 7. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 8. Any tree over 4" in caliper that is removed from the property shall be replaced b instal p y ling additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 9. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. This condition shall be required when the subject properties connect to city services per the recorded development agreement. 10. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. This condition shall be required when the subject properties connect to city services per the recorded development agreement. 11. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. 12. The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 13. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. This condition shall be required when the subject properties connect to city services. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat C. Proposed Final Plat D. Proposed Landscape Plan Barletta Subdivision FP -11-002. doc PAGE 4 Exhibit A — Vicinity Map Barletta Subdivision FP -11-002. doc PAGE 5 S t � � t z r •. tiy�r �''�,,� fey ra ! 4qu 7 TSI 4: fir ■ i r f ! S � l � fi � }t �• ELL - f ■ , Aft s ! •t low { "�•lrMiR'+R�#+f%#��!!<il�il�f<ll�yP+I�» � �, as IJ .* ' J s . vu W. OVERLAN, Offt y.. a' F.:._....._. pA __. �- � •'<� s s i ��;�lllriil��:nlf�9l�laliliif(ilwrji�lt! , , .LETT' SUBDIVISION IN THE � � 114 F T$ON T. �N �.r � , S �� , ff*tt lor-1 J4"L AL ALUTED L; IN , ADACOUY., tDAH0 NT'Lu"nota $U- too VICINITYV me Barletta Subdivision FP -11-002. doc PAGE 5 Exhibit B — Approved Preliminary Plat ll YM V N ka 2 Calkiii IL IWAIM gr 1k 10 NN S *406 No MMI V" tMalim1w I Aw IMMAIALWA611MM, M.W"V FIAT !DATA LOW— it's t. 001 own 004OW 09 a 0=0 win Re RMN1111MAJIMMIS WNW wo Now N 24MM MXM V, Ira AS W VW I of I PRE Barletta Subdivision FP- I 1-002.doc PAGE 6 Exhibit C — Proposed Final Plat PLAT SHOWING Alk IN LOCATED IN THE ISE 1/4 OF THE NE 1/4 OF SECTION 22, TOWNSHIP 3 NORTH, RANGE 1 WEST, a.m. MERIDIAN. 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' ` , tel'. 1• +_F "'�•` Aim, w 7, t t fY Rs o+eew:uR .t'i9aA•' 3IIa �, �'`. w . h.. r �x� ` � i � c. iaJ.-�sir�..-a`.:...�.•t.�._...�e.+sw..•�•.�:•..,-.�_rnm+M+n...w...nyr---^+ -•-n•-.r�A>,. _,,�'� / '+- vaR.-.v'NaiiY, �M'�*- �' f i� �`. . � 1 r ff{�, akt..:. �, �',^�` w �S'.�Yj is ww. �. ,. +•t-"�1RKw1Ya.:•�'�C�11.<--�.1�'!�M'.AE'�1� .� � '', / � '�✓rW V1r:'Y/�w�4Mrr RRr '•-tYsnrww_..-.ems^'_ � �fi.�. � � •� P1 h!1 F i t `a : •R eBUMABX PLAT A A cv+•P1c� _ smlcs4 r�► .�. nR.Rr,cc ua .fq'ffPf 1Q{ f#iC IAS Fki�illr ytllMC �� le cdtfURfiX'f!Y 'Y�6. f CmFMQ{Ur LANDS"PE HOPES ,s ►s MrwbfrRrwrlw.avrmfA..l ..wrwH4�.w►M4fr� ws..w anise r%�wp. 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R�rYwf MwYWty�w�►r�wwiJ� Y�MaMrK�yltMwiR.f1�<Y� R IRrry r..R.ar/wrra RORwMRRgHMr Nn wr ...Rr....w....... tifrft wwrrrrrrr rwrrs.Rwwrw .w-�r a..rrrww��Rwas•a�ipe .Rr .wr+Mlr+aW waw�ra esr r�r �:�sd ss+wrr +'. rw/ N Mww SY►54M'w�.+Yl RrRw4dw•MAY wrRrwl wi►AhM� fAYwrR+rwwia►rr�ir � a{ err 1rr w.rsr b R+r w .1�r1 b N RRtrwfrrRr wrwrw �r rw�+wlrfr�lR rarRwwas w.lfw.r a f: �.R�.nrrYff�r.brwYy; ,.yr.f�rwY, ♦ srsrrRtiar�Ry a Mtn w[w� ar^ wwiww� t psAMS.4RM4MrAMf Mfirr LQ Q Y 4< =Pb PAM xb$ } � t �-r x 0 d LLI � iiJLYj y •S u -1m ;i •-------�•--��..J `�-• ria. c,:,. i _!: �:� taNuarlse MCMMr,W, rrA .YIaI 3 W3'SN 4YF. kali Ki -no . f aallL: coot 118M rfyflt�R,sR� L Barletta Subdivision FP- 11-002.doc PAGE 8 N1�INE�'R/NG planning and engineering communities for the future LLP April 25, 2011 Mayor and City Council City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Re: Barletta Subdivision File No. FP -11-002 Dear Mayor and Council: 1026 N. Rosario Street, Suite 100 Meridian, ID 83642 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym@qwestoffice.net gwestoffice.net We have reviewed the recommendations for the City Council meeting of April 26, 2011, and have the following responses: SITE SPECIFIC CONDITIONS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will coordinate a driveway turnaround with the Meridian Fire Department on Lot 4, Block 1. 10. The applicant will comply. H. The applicant will comply. 12. The applicant will comply. CADocuments and Settings\?009\90712\RecsResponse-FP.doc Mayor and City Council April 25, 2011 Page 2 13. Noted. GENERAL REQUIREMENTS 1. No fencing, central sewer or water, amenities or urban fencing is proposed with this development. 2. The proposed lots will be irrigated with. an existing gated pipe since the lots are over 2 acres in size. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply, if applicable. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. No new streets are included in this development, so this condition should be stricken from the requirements or that the words "if required" be added. 12. There are no irrigation or drainage facilities designed by the engineer. Therefore, we request that this condition be stricken from the general requirements or that the words "if applicable" be added. 13. This condition states that record drawings must be received and approved prior to the issuance of a certification of occupancy, but also states this condition shall be required when the subject properties connect to city services. Please modify the condition to delete the requirement for record drawings prior to certificate of occupancy. We appreciate staffs review of our project. we respectfully request approval of the application for final plat. Thank you. Sincerely, Engineering Solutions, LLP Becky McKa Partner Project Manager BM:ss cc: Russ Hunemiller CADocuments and Settings120091907121RecsResponse- FP. doe Meridian City Council Meeting DATE: May 17,2011 ITEM NUMBER: 6D PROJECT NUMBER: TEC 11-002 ITEM TITLE: Final Order for Approval Pinebridge Subdivision by BW Meridian, Inc. Located SouthfFairviewo E. FaiAvenue, East of N. Locust Grove Road and West of N Eagle Road and North g of E. Commercial Street Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain n the City Engineers Signature on the Final Plat MEETING NOTES R . vpy-ov-�-A CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS S'/fig � — � Or�Q,►�,1 �►� ��e�t �i�e �I BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR A TWO (2) YEAR ) TIME EXTENSION ON THE ) PRELIMINARY PLAT FOR ) PINEBRIDGE SUBDIVISION IN ) ORDER TO OBTAIN THE CITY ) ENGINEER'S SIGNATURE ON ) THE FINAL PLAT, LOCATED IN ) SECTION 8, T.3N., R.lE, ) MERIDIAN, IDAHO ) BY: BW MERIDIAN, INC. ) APPLICANT C/C MAY 39 2011 CASE NO. TEC -11-002 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION This matter coming on regularly before the City Council on May 3, 2011, upon the Applicant's submittal of a preliminary plat time extension application for a two (2) year extension within which to obtain the City Engineer's signature on a final plat for Pinebridge Subdivision, which preliminary plat was originally approved on November 7, 2007, as provided in Unified Development Code § 11 -6B -7C, and good cause shown. An administrative time extension (TE -09-015) for eighteen (18) months was previously approved for this subdivision by the Planning Director on October 16, 2009 and would have otherwise expired on May 7, 2011. IT IS HEREBY ORDERED THAT: The above named Applicant is granted an additional two (2) year extended period of time, until May 7, 2013, within which to obtain the City Engineer's signature on the final plat, ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR PINEBRIDGE SUBDIVISION (TEC -11-002) Page 1 of 2 subject to the conditions of approval as shown in the attached Staff Report for the hearing date of May 3, 2011, incorporated by reference. Attached: Staff Report for the hearing date of May 3, 2011 By the action of the City Council at its regular meeting on the �� day of 2011 At DATED this day of , 2011 Mayor, my de Weerd Attest:Coln •� � C7 evAL 4 V4 Jaycl H an, Ci',-- :1 Copy served upon the App lanning Department, Public Works Department, and City Attorney. BY: ,. Dated: ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR PINEBRIDGE SUBDNISION (TEC -11-002) Page 2 of 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT HEARING DATE: May 3, 2011 DIAMa- TO: C WE Mayor & City Council 0 FROM: Sonya Watters, Associate City Planner mum SUBJECT: Pinebridge Subdivision -Time Extension (File #TEC -11-002) I. APPLICATION SUMMARY The applicant, BW Meridian, Inc., requests approval of a two year time extension (TEC) on the preliminary plat for Pinebridge Subdivision in order to obtain the City Engineer's signature on a final plat. II. STAFF RECOMMENDATION Staff recommends approval of the subject time extension, to expire on May 7, 2013, with the conditions included in Exhibit B. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TEC -11- 002, as presented in the staff report for the hearing date of May 3, 2011. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC -11- 002, as presented during the hearing on May 3, 2011 for the following reasons: (You must state specific reasons for denial and what the applicant could to do to obtain your approval in the future.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number TEC - 11 -002 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located south of E. Fairview Avenue, east of N. Locust Grove Road, west of N. Eagle Road, and north of E. Commercial Street, in Section 8, Township 3.N, Range R. l E. B. Owner: BW Meridian, Inc. 250 Beechwood, Ste. 120 Boise, ID 83709 C. Applicant: BW Meridian, Inc. 250 Beechwood, Ste. 120 Boise, ID 83709 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. Pinebridge Sub PP TE (TEC -11-002) Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT V. UNIFIED DEVELOPMENT CODE Per UDC 11-6B-7, approval of a preliminary plat shall become null and void if the applicant fails to obtain the City Engineer's signature on the final plat within two years of the approval of the preliminary plat. Where the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if signed by the City Engineer within successive intervals of two years, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filing by the applicant prior to the termination of the allowed time period, the City Council may authorize a time extension up to two years. With all extensions, the City Council may require the plat to comply with current provisions of the UDC. VI. PROCESS FACTS A. The subject application is for a time extension. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 11, and 25, 2011 C. Radius notices mailed to properties within 300 feet on: April 7, 2011 D. Applicant posted notice on site by: April 26, 2011 VII. HISTORY OF PREVIOUS ACTIONS: • This property received preliminary plat (PP -07-008) approval from City Council on November 75 2007. The preliminary plat consists of 61 building lots and 21 common other lots on 170 +/- acres of land. • An 18 -month time extension (TE -09-015) on the preliminary plat to obtain the City Engineer's signature on a final plat was approved by the Director on October 16, 2009. This approval extended the time period in which the applicant had to obtain the City Engineer's signature until May 7, 2011. VIII. STAFF ANALYSIS This is the second time extension requested for the subject preliminary plat. Approval of the subject time extension will allow the applicant to proceed with the platting process. If the subject time extension is not granted, the entire property would need to be resubmitted for preliminary plat approval. Staff does not recommend any new conditions with approval of the subject time extension. V. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat B. Conditions of Approval Pinebridge Sub PP TE (TEC -11-002) Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.1— Vicinity Map Pinebridge Sub PP TE (TEC -11-002) Page 3 ENT FFAMIFA in wM --------- d" a ABOVIF-welafmam or TM OLAT SULLLMORY orry 16 epkw= zeamm; "WWLM --- -------- IV AWAYMM, IN aim Or VIA UK OF 119 VC-4111111CFAMM WOOM avApw—.-- 1W ows 22=2 MMM 99 111CISM w MMI WrL am NEU Ist re "MMI'Mic MOM a- vmone BMW tlWM CUMMML Y___ LK if some for SLaso WILUK ofamovoi a no AMLU= wNii. O"M is D& amemATWUWIKIW§rvmomuwmaA.TTM !,r.. M M9 ACAW CPLNDM a RJL� POW. -t If NLV LM an 4b own OW As "11110101111 PRIUM liwg mcomw wwwo Amusum unwopwat nomfeneff my miff w c�minumin4ummmifflicwmmqmmffwvmim rAck vvl�lwwfw or MOM& Im FFAFKM LAOS OMW LM lonsef To "Man must AM am no a Mlefir smonum bw To le "Tor" MOM ULM I" � a wim"MA? Ap"Aal, vr Tic or? 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PW T fill 4V _ 45wlw:*, FYI I , . . . . . . . . . . . . . . . . . . . . . . . . 0*4koiFT %t lit I "AA 1p Lw� -Wz Rr Pi L2 X nei I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit B — Conditions of Approval 1. The applicant is to meet all terms of the approved annexation (AZ -07-006), development agreement (instrument #108022893), rezone (RZ-07-010), preliminary plat (PP -07-008), variance (VAR -07-007), time extension (TE -09-019), and property boundary adjustment (PBA -10-005) for this development. Pinebridge Sub PP TE (TEC -11-002) Page 5 Meridian City Council Meeting DATE: May 17, 2011 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Annual Update by Ada County Assessor Robert McQuade MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MERIDIAN CITY TAX BURDEN Meridian City Primary Roll Assessment Notice Summary 5/17/2011 2010-11 2011 2010 % Change City Total (preliminary) Total Meridian City Market Value 4 a -5.01% Homeowner's Exemption 1,422,480,094 1155597577484 -8.57% Total Meridian City Taxable Value 4,467,170,006 47644,608,716 -3.82% Urban Renewal Area Meridian MDC -17.48% Residential 1 Residential Market Value ;.: = -7.52% Residential Parcel Count 30,915 30,735 0.59% (Residential includes manufactured Homes) Commercial Commercial Market Value r.' � 1.28% Commercial Parcel Count[-- 41330 49502 -3.82% (Commercial includes Personal Property) Comparison of Previous Year New Construction Residential New Residential Count Commercial New Commercial Count New Subs/Change Status % value change of existing residential improved properties % value change for existing commercial improved properties Residential Property Tax Burden Commercial Property Tax Burden (Homeowner's Exemption, UR, Operating Property & Sub Roll Included in calculation) New Construction 95, 915, 352 123, 984, 039 -22.64% 54,369,604 6992187239 -21.45% 599 717 -16.46% 35,5259000 4898497700 -27.28% 34 88 -61.36% 6,651,8481 25,127,200 -73.53% (2011 NCR does not include value from UR areas) Increase Estimates -10.78% average -10.63% median -5.06% average -5.58% median 2010 57.94% 42.06% Assessment Notices Assessment Notice Mailing Date 5/27/2011 5/21/2010 35,245 35,237 6/2/2011 Meridian City Council Meeting DATE: May 17,2011 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Presentation by Marj Dougherty of the Lunaris League Regarding the 2011 Garden Tour and Featuring of Seven Meridian Properties MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 17, 2011 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: SSC and SWAC Joint Report: Discussion Regarding Resurrecting the Recycling/Household Waste Revenue Program MEETING NOTES 4o re�po�se., 4z:> S W�c, res�ardk�� 'moi vpo�v-an� �d h�.v� SW KFC b�� 1�ekJ SL�2�sdY�wJ - A TP) p CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS :. Sanitary Services Co. MEMORANDUM To: Mayor Tammy de Weerd Member of the Meridian City Council: Mr. David Zaremba, President Mr. Brad Hoaglun, dice President Mr. Keith Bird Mr. Charlie Rountree From: Steve Sedlacek, Sanitary Service, Inc. Subject: Recyding. Revenue Sharing Proposal Date: May 17, 20'11 Introduction In October 2000 source -separated curbside recycling began in Meridian with the agreement that commodity revenue would be used to pay for household hazardous .� waste .(HHW) collection with the remainder of the funds returned to the City. Revenues were handled in this manner until Enid -2009 when revenues dropped to the point where they would no longer cover the cost of HHW collection. At that time until October 1, 2009 the City reimbursed SSC for the shortfall in funds. ,After that date SSC absorbed all shortfall in funds. Comminaled Repycling Collection Beginning October 19, 2009, SSC donverted the recycling program to a single -stream commingled collection program. At time of conversion SSC was paying $10 per ton to recycle the commingled material in addition to the monthly cast of the HHW program. These costs were paid by SSC without a change to the reimbursement structure. In June 2010 the waste . collection system was changed to an automated system which required a change to the solid waste collection billing structure. At that time a portion of the rate structure was designated to help offset the cost of the recycling and HHW fees since both were consistently costing money each month. The portion set aside to help defray these costs was $0.20 per month. Table I has a breakdown of the residential solid waste collection rates. As soon as the conversion of the waste collection system occurred the recycling revenue picture changed. Instead of being a cost it once again became a benefit, although not enough so to cover the east of the HHW collection. Table 2 shows the month by month costs since the beginning of the commingled collection program. In September 2010 the commodity values rose to a level that they again covered the cost of the HHW collection. * P.O. Box 628, Meridian, ID 83680 Phone 208!888-3999 Fax 2b81888-5052 Printed on Recycled Paper Revenue Sharing Proposal It has always been the intent of the program, if feasible, to provide remaining funds back to the City after costs were covered. The current issues are how to share the net revenue moving forward and to delineate who takes the downside risk if the cost of the program is negative. I believe that the City should not take the downside risk and that risk must be home by SSC. SSC is ready and able to takeN on the downside risk if we can share revenue as follows: 1. Each month the commodity revenue Will be used to pay for the HHW collection costs with the remaining revenue spilt between the City {80°%j and SSC (20°r6}. At current revenue generation levels that will be approximately $100,000 per year to the CRY. 2. Move the $0.20 per month designated as "Recycle/HHW* in the breakdown of residential rates into the base rate for waste collection. This will result in no net esl change to any of the residential rates. Meridian rates Will be $0.42 less per house than Boise ($9.98 for Boise rsus $9.56 for Meridian). The'revised ve breakdown of residential rates is indicated on the bottom of Table 1. The SWAG has reviewed and approved this Council. Should there. be a determine the administrative /0"ON, appropriately managed. sharing haring of funds requirements of proposal for consideration by the City in the future, the SWAC will need to the program to assure that funds are !rte-- TABLE 1 Current Residential Rate Structure 32� 81 96 -aa! SSC casts $9.36 $9.36 $9.36 Ada County Disposal $1.00 $2.9p $4.7$ Carts $0.94 $o.94 $0.94 Sales tax $0.06 $0.06 $0.06 Recyde/HHW $Q.20 $0.20 $0.20 Meridian Fees .78 X0.86 .98 $1.2,32 614.32 x16.32 Proposed Residential Rate Structure 3 i al SSC costs ��a - , $9.56 $9.56 $9.56 Ada County Disposal $1.00 $2.90 $4.78 Carts $0.94 $0.94 $0.94 Sales tax $0.06 $0.06 $0.06 Meridian Fees U.76 $0.86 0.98. x12.32 314.32 $11S.32" '� TABLE 2 Comparison of Recycling Revenue and HHW Casts Since Conversion to Commingled Collection Recycling Revenue HHW Costs Net Oct -09 $ (1,124) $ (31655) $ (4,779) Nov -09 $ (2,350) $ (4,569) $ (6,919) Dec -09 $ (2,891) $ (3,655) $ (6,546) Jan -10 $ (2,737) $ (3,655) $ (6,392) Feb -10 $ (2,255) $ (3,655) $ (51910.) Mar -10 $ (1,378) $ (31569)-$ (4,947) Apr -10 $ (1,367) $ (3,655) $ (5,022) May -10 $ (1,287) $ (4,405) $ (5,692) Jun -10 $ 602 $ (5,155) $ (4,553) Jul -14 $ 31545 $ (5,'i55) $ � (11610) Aug -70 $ 3,776{ $ (6,444) $ {2,668} Sep -10 $ 6,788 $ (3,866) $ 21922 Oct -10 $ 91496 $ (5,155) $ 4,341 Nov -10 $ 13,947 $ (4,569) $ 9,378 Dec -10 $ 15,540 $ (3,655) $ 91,885 � Jan -1 1 $ 141751 $ (4,525) $ 101228 Feb -11 $ 92,780 $ (3,620) $ 91160 Mar -11 $ 18,084 $ (3,620) $ 44,464 Apr -79 $ 11,809 $ (3,620) $ 14,189 $ 21,528 Meridian City Council Meeting DATE: May 17, 2011 ITEM NUMBER: $ PROJECT NUMBER: ITEM TITLE: Items Moved from Consent Agenda MEETING NOTES H-toVCA + o (� t 7/ It CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 17,2011 ITEM NUMBER0E 9A PROJECT NUMBER: FP 11-003 ITEM TITLE: Waverly Place Final Plat approval of 25 building lots and 3 common/other lots on 4.9 acres of land by Mountain West Entrust IRA FBO Robert Mortensen IRA - 2510 Magic View Drive MEETING NOTES CLERICS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 17, 2011 ITEM NUMBER: 1 0A PROJECT NUMBER: ITEM TITLE: Department Report: Mayor's Office Request for Proposal (RFP) Discussion Regarding Old City Hall MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 17, 2011NITEM NUMBER1 OB PROJECT NUMBER: ITEM TITLE: Department Report: Human Resources Discussion on Committee Review and the Mayor and Council Compensation MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 17, 2011 ITEM NUMBER: 1 0C PROJECT NUMBER: ITEM TITLE: Department Report: Parks and Legal Departments Discussion Regarding Temporary Use Permits and Special Events MEETING NOTES Cole HOSS/s.+ewc S,Adow" ✓ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 17.2011 ITEM NUMBER: 1 OD PROJECT NUMBER: ITEM TITLE: Department Report: Parks Department Budget Amendment for Parks Maintenance Facility Property in the amount of $540,000.00 MEETING NOTES 6�wlapvAql M -O CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 0 U. z w z w w M co %MOO cn E w 0 (D 0 E 0 *'.0 r ID (D - 0 . 0 0 0 0 > 0 CD > E 0 0 ;5c O -E o fm.� C: = 0 0 0 m C: 0 x-- 0 .Nd ryN %- 0 C) C) 0 4- 0 (D 0 Cu 4) '00 0 -ba tol)� m 0 th C .- C: CL 2 0 0 C (8 E o Q- x(D CL C (D C: CL 0 C)) c W 0 0) c c m C 0 m c- E u. 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CL .......... .......... ilii .......... - 01 z mum 0 (D C> .......... .......... .......... .......... .......... .......... .......... .......... 8 W .......... ........... .......... .......... .......... .......... .......... fU *NXO tuaw T m c m on 6a *0 coM 0 0 0 CD ji.-C 0 C u C 04 c CxIm&W 0 C AAA d) o E M 13 m C .......... CL .......... .......... ilii .......... mum *91 .......... .......... .......... .......... .......... .......... .......... .......... .......... ........... .......... .......... .......... .......... .......... fU *NXO tuaw co m. X . . . . . . . . . . . . _ee YI 0 loom T m c m on 6a *0 coM 0 0 0 CD ji.-C 0 C u C 04 c CxIm&W 0 C AAA d) o E M 13 m C Meridian City Council Meeting DATE: May 17,2011 ITEM NUMBER: 1 0E PROJECT NUMBER: ITEM TITLE:. Department Report: Parks &Legal Departments Purchase and Sale Agreement Between the City of Meridian and Arthur Berry for the Purchase of Approximately 5.45 Acres of Bare Land for allot -to -Exceed Amount of $840..000.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ,5/t-7 mat t tA 4-o Col I i -e-� �-Aje 4'12 0►'� q lnai � , ARDENDUM PURSUANT TO. SECT N . o PURCHASE AND SALE ... ........ . AGREEMENT i. Hazardous Substances, 1.1 Definitions. The terms "hazardous substance," "release,"" and oval shall have the definition and meaning as set forth in Title 42 U.S. C. ' 9 0 or the corresponding provision of any future law); provided, however that the term hazardous substance" shall include "hazardous waste' as defined in Title 42 U.S.C. ' 6943 (or the corresponding provision of any future law) and "petroleum" as defined in Title 42 U.S.C. ' 6991 (or the corresponding provision of any future law). The teen "superfund" shall mean the Comprehensive Environmental Response, Compensation and Liability Act, Title 42 U.S.C. ' 9601, et seq. (or the corresponding provision of any future law) and any similar statute, ordinance, rule or regulation of any state or local legislature, agency g Y or body. The term "underground storage tank" shall have the definition and meaning as set forth in Title 42 U.S.C. 1 6991 (or the corresponding provision of any future law). 1.2 Representations and Warranties. The Seller represents and warrants to, and covenants with, the Buyer that: 1.2.1 the Real Property is not contaminated with any hazardous substance, 1.2.2 the Seller has not caused and will not cause the release of any hazardous substances on the Real Property, 1.2.3 the Seller has conducted a diligent investigation and inquiry, and to the best of the Seller's knowledge, there has never occurred a release of hazardous substances on the Real Property, 1.2.4 the Real Property is not subject to any pending, threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from the Real Property, p Y, 1.2.5 no other real property owned or controlled by the Seller or in which the Seller has. any legal, equitable, or other interest is subject to an pending, , g threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from such property, 1.2.6 there is no asbestos on the Real Property, 1.2.7 there is no underground storage tank on the Real Property, 1.2.8 by acquiring the Real Property, the Buyerwill not incur or be subject to any "superfund" liability for the cleanup, removal, or remediation of any hazardous substance from the Real. Property, 1.2.9 by acquiring the Real Property, the Buyer will not incur or be subject to any liability, cost, or expense for the removal of any asbestos or underground storage tank from the Real Property, and 1.2.10 the Real Property and the uses conducted on the Real Property are in compliance with all applicable environmental laws, codes, and regulations, "including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. 1.3 Phase I Environmental Audit. The obligations of the Buyer under this Agreement are, at Buyer's option, subject to the Buyer obtaining, at the Buyer's sole cost, a Thase I" environmental audit and liability assessment indicating that the representations and warranties set forth in Section 3 are true and correct. The Phase I audit shall include, without limitation, the following elements: (a) recorded chain of title documents (go ing back 50 years) regarding the property, including all deeds, easements, leases, restrictions and covenants. (b) a review of historical and aerial photographs to uncover prior problems or uses that may now be concealed. (c) a review of federal, state, and local records which report incidents or activities which are likely to cause or contribute to a release or threatened release of hazardous substances, including landfill and other disposal records, underground storage tank records, hazardous waste handler and generator records, and spill reporting records. (d) interviews with past and present owners, employees, and neighbors, e a visual site inspection of the Real Property and all facilities and improvements on the Real Property and a visual inspection of immediatelY Jad' scent properties from the Real Property to check for the presence of hazardous substances, underground storage tanks, PCBs' and asbestos, including an investigation of an chemical use, storage, treatment and disposal practices on the Real Property and adjacent property. 1.4 Phase II Environmental Audit. If the Phase I environmental audit does not indicate that the representations and warranties set forth in Section 3 are true and correct, then the Buyer, in addition to any other remedy and without any waiver of rights, shall have the right to either (i) terminate the Buyer's obligations to close the transactions contemplated by this Agreement, or (ii) require that additional audits ("Phase II")be conducted on the Real Property at the sole cost of the Seller, and extend the date for Closing for a period of time reasonably necess to complete and analyze the Phase II ary p yz audit. 2 1.5 Holdback Amount for Environmental Audit. If the Phase II environmental audit does not indicate that the representations and warranties set forth in Section 3 are true and correct, then the Buyer, in addition to any other reined and y without any waiver of rights, shall have the right to either(i)terminate the Bu er's . y obligations to close the transactions. contemplated by this Agreement, or (ii) proceed to close the transactions contemplated by this Agreement and implement the following g procedures: 1.5.1 the Buyer shall have the absolute right to withhold from the Purchase Price an amount reasonably determined by Y necessary the Buyer as to hold the ary Buyer harmless from any loss or liability arising from or related to the failure of the "Phase I" or "Phase II" environmental audits to indicate that the representations and warranties set forth in Section 3 are true and correct ("Environmental Holdback Amount''), 1.5.2 the Buyer shall have the right to utilize all or any portion of the Environmental Holdback Amount for such acts ncludin additional "Phase Il=' studies, C g dies, cleanup, removal, or remediation) as are reasonably necessary to ensure that the representations and warranties set forth in Section 3 are true and correct, 1.5.3 the Purchase Price and the amount of the Purchase Price allocated to the Real .Property shall be reduced by thatortion of the Environmental Holdback k Amount utilized by the Buyer, 1.5.4 the balance of the Environmental Holdback Amount, if any, shall be disbursed to the Seller, 1.5.5 to the extent that the Environmental Holdback Amount is not sufficient to ensure that the representations and warranties set forth in Section 3 are true and correct, then the Buyer,in addition to any other rights, shall have the right to seek indemnification or offset under the provisions of Section 6.1 1.6 Cooperation with Environmental Audit. The Seller shall cooperate fully with the environmental audits referred to in this Agreement. 3 Purchase and Sale Agreement COLLIERS PARAGON, LLC May l't . fit, t� Date _ Mu. -2 C tv of Meridian, an Idaho Muraci� Cc ,srat�on, hereinafter called ("Buyer'), agrees to purchase and )oug Tamura and Arthu=B �, hereinafter called ("Seller"), agrees to sell the following described real estate, hereinafter referred to as ("Premises.') PREMISES ADDRESS AND LEGAL DESCRIPTION. The property commonly known as E. F Road, City of Mericlian, County of "d , State of Idaho, legally described as Ada County T ss s ors Parcel um 11 833 013 and as set forth in the Tax A e s , r�c�_�er _S .. 0 6 attached Exhibit A (subject to Title Company's confirmation). Buyer and Seller authorize the Escrow Agent( as such term is defined in Section 5) to make corrections to the legal description at their request The failure to have a full or complete legal description shall not render this Agreement void. 3. REPRESENTATION CONFIRMATION. Colliers Paragons LLC is representing the Buyer in this transaction. Check one (1) box in Section 1 below and one (1) box in Section 2 below to confirm that in this �� transaction, the brokerages) involved had the following relationship(s) with the BUYER(S) and S(S). Section 1: A. m The broker working with the BUYER(S) is acting as an AGENT for the BUYER(S). B. 13 The broker working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S). C. 1:1 The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S), and has an ASSIGNED AGENT acting solely on behalf of the BUYER(S). D. D The broker working with the BUYER(S) is acting as a NONAGENT for the BITYER(S). Section 2: A. D The broker working with the SELLERS) is acting as an AGENT for the SF.I.LER(S). B. 13 The broker working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S). C. D The brokerage working with the SFI,LER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S), and has an ASSIGNED AGENT acting solely on behalf of the SELLER(S) � D. Cil The broker working with the SELLERS) is acting as a NONAGENT for the -1- sELURR(s). Each party signing this document confirms that he or she has received read and understood the Agency Disclosure Brochure and has elected the relationship confirmed above. In addition, each party confirms that the broker's agency office policy was made available for inspection and review. EACH PARTY UNDERSTANDS THAT HE/SHE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A BROKER UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. 4. RESPONSIBLE BROKER. The Responsible Broker in this transaction is George Iliff, Designated Broker for Colliers Paragon LLC. 5. EARNEST MONEY. (i) Within five (5) business days of the execution of this Agreement, Buyer shall deposit Ten Thousand Dols and NO/ 100 ($102000. 0 in the form of cash (the "Earnest Money Deposit') as earnest money withitle__ ne Qmany (the "'Title Company" and/or "Escrow Agent" as applicable). Subject only to the Buyer's Conditions Precedent set forth in Section 8 of this Agreement, and absent Seller's breach or inability to perform, the Earnest Money Deposit is non-refundable but such Earnest Money Deposit and the accumulated interest thereon shall be applied against the Purchase Price at closing and refunded to Buyer in the event this Agreement is terminated as a result of the Seller's breach hereunder. In the event this Agreement is terminated after Buyer's Conditions Precedent have been waived or satisfied, or the sale fails to close, by reason of a breach by Buyer, The Earnest Money Deposit shall be paid to Seller. (ii) Earnest Money Deposit shall be deposited with the Escrow Agent upon acceptance by Seller and Buyer of this Agreement and shall be held in trust in accordance with the terms and conditions of flus Agreement. 6. PRICE TERMS. Total Purchase Price is Ekht-H-pildr-ed and 1hiM1 _&W lind N011 ($83Q30QQ4QQ). (i) S10,000i00 Earnest Money Deposit (u� X820,000.00 Balance of the purchase price to be paid in cash at closing: 7. INCLUDED ITEMS. All easement rights, mineral rights, other appurtenances, water and water .rights appurtenant to or used on the Premises including, but not limited to, any right Seller may have to receive natural flow and/or stored water delivered through any ditch, canal or water company's facilities, or under entitlements held by a third party for use on the Premises, and all shares, certificates, and other documents evidencing such water rights. .,� 8. ADDITIONAL TERMS, CONDITIONS, AND CONTINGENCIES. Unless the parties otherwise agree in a written addendum to this Agreement, the date upon: which all conditions and _2.. A"Eh, contingencies must either be satisfied orwaive d shall be days from the execution date of this Purchase and Sale Agreement (the "Satisfaction Date', with the exception that such date may be extended pursuant to the procedure set forth in the addendum to this agreement under the title "Hazardous Substances.)#% 8.1 BUYER CONDITIONS: The closing of this transaction is contingent upon satisfaction . tion or waiver by Buyer of the following conditions: 1. Inspection: Upon mutual execution of this Purchase Agreement Buyer shall be given a fiffi opportunity to inspect and investigate and to accept to Buyer's satisfaction each P J. ea and every aspect of the Property independently or through agent(s) of Buyer including, but without linitation with regard to: i. All matters relating to title together with all governmental and other legal requirements such as taxes., assessments, zoning, environmental studies, use permit requirements and codes. ii. Buyer shall fu.rthear be granted. access to inspect the physical condition of the Premises and all matters relating to the internal and external maintenance of any improvements of the. structures and./or grounds related to the Premises. 2. Financing: N/A If any of the foregoing conditions remain unsatisfied and unwaived by Buyer on the Satisfaction Date,, this Agreement shall terminate,provided Buyer has given written notice of such unsatisfied and unwaived conditions with a reasonable opportunity to cure to Seller by the Satisfaction Date., and the Earnest Money shall be returned to Buyer. 9. TITLE COMPANY/ESCROW AGENT. The parties agree that the TITLE COMPANY/Escrow Agent as defined in Section 5 shall provide any required title policy and preliminary report or commitment. Each party agrees to pay one-half of the Escrow Agent's fees. 10. TITLE INSURANCE* Seller shall provide and pay for a Purchaser's Standard Coverage Title Policy insuring the Buyer for the amount of the purchase price. Extended coverage required X Yes No. Additional premiums for extended coverage and any survey required by the Title Company min shall be paid by Buyer'. Seller shall c preliminary title cause the Title Company to provide Buyer with a pr report or commitment together with copies of all underlying documents giving rise to any exceptions listed therein on or within five (5) days of the execution of this Agreement. Buyer shall have until the atisf&ction Date to object, by written notice to Seller, to the condition of title as set forth iri the report. In the event the Buyer makes written objection to any exception to title, Seller shall have a reasonable time, not to .exceed seven M bm=CSS days. to remove any such objection to exception or provide affirmative title insurance coverage, and' in the event the Seller cannot remove, or is unwilling to remove, such objected to exceptions or provide affirmative title insurance coverage, the Buyer may elect, as its sole remedy, to (a) either terminate this Agreement or (b) proceed to closing, taking title subject to such exceptions. If the Buyer does not object within the time frame set out above, the Buyer shall be deemed to have accepted the condition of the tilde. In the event Buyer elects toterminate this Agreement as provided herein, the Buyer shall be entitled to the return of all refundable deposits made by Buyer. The final title insurance policy shall be .3- /100 •1 delivered to the Buyer by the Title Company as soon asossble after closin p g 11 CLOSING DATE. On or before "Closing" C'Closing" shall be deemed to be the date on which the deed is recorded and the sales proceeds are available for disbursement to Seller and as otherwise directed by the parties) Buyer and Seller shall de osit with the Escrow Agent all funds and p g instruments necessary to complete the sale. Closing shall occur no later than Fiv days from the Satisfaction Date., 12. DOCUMENTS TO BE DELIVERED AT CLOSING. On the date of Closing, Seller shall have executed, or caused to be executed, and delivered to the Closing requiredAgent the following documents, if by Buyer, in a form reasonably acceptable to Buyer and Seller: (a) General Warranty Deed (b) An Assignment and assumption of all leases, warranties, contracts, and guarantees that effect the Premises in a form mutually agreed to between the parties (if applicable) (c) Bill of Sale (if applicable) (d) Other, such as Estoppels, SNDA's, Affidavits, O al Lease Documents, Etc. (if applicable) (e) Any other instruments or documents reasonably requested by Buyer 3. POSSESSION/PRORATION. Buyer shall be entitled to possessions on the day of Closing. Taxes and water assessments (using the last available assessment as a 'basis), rents, insurance pretriiums, interest and reserves on obligations assumed and utilities shall berorated as of Closing. An tenant P g y deposits held by Seller shall be credited to Buyer at Closing. 14. ACCEPTANCE. Buyer has engaged in preliminary negotiations with Seller regarding the terms and conditions to be contained in this Agreement and Buyer has presented this Agreement to Seller for execution pursuant to the procedure set forth m Section 29 of this Agreement. Seller's execution of this Agreement is subject to written revocation by Seller in the event that Buyer has not approved Y pP the terms and conditions of this agreement and authorized he Mayor of the City of Meridian to execute this agreement on or before 11 o'clock PM on the 17'h day of May, 2011. 15. DEFAULT, If Seller executes this Agreement and title to the Premises is marketable and insurable in the conditions approved under Section 10 hereof and all Buyer's contin encies have been g removed or waived, and Buyer or refuses to comply with the terms of or any condition of sale by the date on which such term or condition is to be complied with, then the Earnest Money Deposit shall be forfeited to Seller and .Buyer's interest in the Premises shall be immediately terminated. The parties declare it to be their intent that the payment of the earnest money deposited b Buyer shall be ': Y Y Sellers sole and exclusive remedy as liquidated damages. SELIrER AND BUYER AGREE THAT IT WOULD BE IMPRACTICAL OR MREMELY DIFFICULT TO FIX THE ANAL DAMAGES TO SELLER IN THE EVENT OF BUYER'S DEFAULT UNDER THIS AGREEMENT. THE PARTIES HEREBY AGREE THAT A REASONABLE ESTIMATE OF SUCH DAMAGES IS AN AMOUNT EQUAL TO THE EARN MONEY DEPOSITED BY BUYER WITH ESCROW HOLDER HEREUNDER,AND IN THE EVENT OF BUYER'S DEFAULT UNDER THIS AGREEMENT, SELLER SHALL BE ENTITLED TO RECEIVE AND RETAIN AS FULLY AGED LIQUIDATED DAMAGES THE ENTIRE EARNEST MONEY DEPOSIT HELD BY ESCROW HOLDER HEREUNDER, ALL OTHER REMEDIES -4- HEREIN BEING EXPRESSLY wAIvED BY SELLER. In the event of a default b Seller Buyer may, . Y y y, at its option, (i) terminate this Agreement u on written notice to Seller and direct. Escrow :Holder to refund o � p t Buyer all earnest money deposited by Buyer hereunder, or(U) ursue the remedp y of specific erformance. p In the event either party initiates or defends an le action • • y gal on or proceeding connected with and not otherwise precluded by the terms of .this Agreement, the , . , prey ' ��g ply to any such action or proceeding ('tri addition to an other relief which • y may be granted, whether legal or equitable), shall be entitled to recover from the losing party 'n an such action or proceeding Y p eding its reasonable costs and attorney's fees (including, without imitation, its reasonable costs and attorneys s fees on any appeal). All such costs and attorney's fees shall be deemed to have accrued on commencement of any legal action or proceeding and shall be enforceable whether or not such le action or proceeding ' .judgment, g p ceeding is prosecuted to In the. event of a dispute between the parties as to the Earnest Mone Deposit deposited Money p p ted hereunder by Buyer, the Escrow Agent holding the Earnest Mone Deposit may file an irate ' jurisdiction Y p y , rpleader action in a court of competent to resolve any dispute between the parties. p The Buyer and Seller authorize the Escrow A ent holding the Earnest Mone D ' g g y Deposit to utilize as much of the Earnest Money Deposit as may be necessaryto advance the costs and fees s required for filing of any such action. The cost of such action shall beaid b the Par ' -•� prevailing party, p y Party which is not the 16, TIME CONVEYANCE. Title to the Premi es is to be conveyed b warranty deed an y y ty d is to be marketable and insurable except for rights reserved in federal atents, buil or use restriction . p ding , building and zoning regulations and ordinances of an governmental uni rights of way an Yg t, g y d easements established or of record, and any other liens, encumbrances or defects approved b In the .event an personal property pP Y Buyer. l y p p p ty s included as part of the contemplated sale, it shall be conveyed by bill of sale and shall be free and clear of all, liens claims and encumbrances. 17. RISK OF LOSS. Seller shall keep the Premises insured against loss b fire and other casual usuall • Y casualty Y insured against to the market area of the Premises until the Closing. Should g. the Premises be materially damaged by fire or other cause prior to closingand such dams a is ten percent(10%) of g p e Purchase Price or less, then Seller shall pay or assign the proceeds of the itisurance to (and Buyer Bu a Y pay to Buyer the amount of any deductible i n cash) at Closing and Seller and Buyer shall roceed with Closingwithout adjustment to Y p j the Purchase Price. If such damage exceeds ten percent (100/0) of the Purchase Price, then this Agreement shall be voidable at the option of the Bu er b p Y y written notice to Seller within ten (1.0) days of the date Buyer receives notice of such damage. however, s Buyer may elect toproceed with Closing without adjustment to the Purchase Price either by written notice of such election or by failure to timely send written notice of the voiding of this AgrBement as provided above) and Seller shall pay or assign the� (andaer roceeds of the insurance to Bup YY to Buyer the amount of any deductible in cash) at Closing, 1$. CONDEMNATION. Should any entity having the power of condemnation deciderior to Closing g to acquire any portion of, or interest in, the Premises with a value of ten percent(10%)or less of the p ,,...� Purchase Price, Seller shall pay or assign the proceeds of the taking to Bu er at Closing and Seller Y g and Buyer shall proceed with Closing without adjustment to the Purchase Price. If such talon g 52 exceeds ten percent (101/o) of the Purchase Price, Buyer at Bu er's sole option F Ymay either (a) elect to terminate Buyer's obligation to purchase the Premises b vin written notice to Y giving Seller at any time prior to Closing and Seller shall promptly return the Earnest Mone Deposit or elect Money p (b) to complete the .purchase of Premises and require Seller to immediatel: a oint Buyer as its y pp F attorney-in-fact to negotiate with said condemningentity, and in such even • ty� t, Buyer shall receive all sums awarded in such condemnation proceeding of the Premises, excluding any amounts attributable to adverse impacts on other property owned by Seller. Seller hereby agree to immediately ` y gr _ y give notice to Buyer of any condemnation or contemplated condemnation of the Premises and Buyer herebgr a ees to, F within ten days of such notice, give written notice to Seller of Buyer's election y with respect thereto. 19. CONDITION OF PREMISES AT CLOSING. Buyer agrees to urchase the Premises in as is (existin condition, where is, with all faults. Buyer will assume those obligationswith respect to the Premises as are expressly stated in Section 8. Buyer does not agree to assume an other b ` ' . Y � y o ligations with respect to the Premises except for those obligations stated in Section 8. Seller shall maintain the premises until the closing in its present condition, ordinary we and tear excepted,sub'e t r9 subject to the provisions of Sections 17 and 18 on casualty and condemnation. 20. INSPECTION. The Buyer hereby acknowledges further that Buyer is not rel on an relying upon Y statement or representations by the Broker or Br6 oker s representatives orb the Seller which are not herein expressed. The Buyer has entered into this Agreement relyingupon information and knowledge obtained or to be obtained from Buyers own investigation or personal inspection of the premises. 21. ADDITIONAL PROVISIONS. Additional provisions of this ABement are attached hereto by an addendum consisting of 3 pages under the heading . Hazardous Substances." 22. COMMISSION. Pursuant to a separate agreement between Seller and Colliers Paragon, LLC 23. CONSENT TO LIMITED DUAL REPRESENTATION: The undersigned have received, real and understand the Agency Disclosure Brochure. The undersigned understand that the brokerage involved in this transaction g a will be or may be provide agency representation to both Purchaser(s) and the Seller(s). The undersigned each understand that as agents for both Purchaser and Seller, the brokerage(s) will be limited dual agents and negotiations, terms or factors motivating the Purchaser to buy or the Seller to sell without specific written permission of the disclosing party. The specific duties, obligations and limitations of a limited dual agent are contained in the Agency Disclosure Brochure as required by Section 54, 2063, Idaho Code. The undersigned each understand that a limited dual agent does not have a duty of undivided loyalty to either client. 24. ESCROW INSTRUCTIONS. The Escrow Agent is instructed to, in a manner consistent with the terms hereof: receive and hold deposits and other funds; disburse such funds in accordance with separate authorization signed by Buyer and Seller; prepare closing statements for execution b Buyer . F. Y and Seller; receive documents, secure their execution and acknowledgement, record them In the proper sequence, deliver originals to the appropriate parties, and deliver copies of all documents signed by either party to that party. If a dispute arises regarding any funds held by the closing agent, such agent shall have no obligation to resolve such dispute but shall hold the same pending resolution of such dispute, and may at its option bring an action m rote leader. 25. LEGAL REPRESENTATION. The parties expressly acknowledge they have been represented by - 6 - counsel of their own choice in connection with this Agreement and have • g e discussed the terms of this Agreement with such counsel to the extent each believes it to have ave been necessary to fully understand the terms hereof. In. enteringinto this Agreement, the ar1Y � � p es represent and declare that each of them fully understands the terms and effect of this Agreement. 26. ENTIRE AGREEMENT. This Agreement, including any addenda or exhibits, constitutes tutes the entire Agreement between the parties and no warranties, including any warranty of habitability, Agreements or representations have been made or shall be binding upon either set forth. g p party unless herein 27 SURVIVAL. All of the representations and warranties set forth in this Agreement shall gr constitute continuing representations and warranties, shall be deemed to be true and correct as of the date o closingf ' f , o Buyers purchase of the Subject Property from Seller, and shall(alongwith all u�denanification, the and hold harmless obligations related thereto) survive the closing Buyer's er's purchase of the Subject Property from Seller. Y 28. CONFIDENTIALITY. The parties agree that the terms and conditions of this Agreement and information re the Subject Pro « $� regarding j Property (hereinafter referred to as Confidential Information shall be held 'in confidence except as mutually agreed by the parties in Writing. Notwithstanding the foregoing, Buyer may publicly disclose the fact that Buyer is under Agree ment to purchase ' • yp chase the Subject Property and Buyer may disclose Confidential Inforrnation to its employees, advisors, or consultants as necessary to complete the transaction contemplated by this Agreement. Until closing, Buyer shall make . reasonable efforts to hold the Confidertial Information to be exempt from public disclosure pursuant to applicable laws. unless re aired to p • pp q do so by a court of competent jurisdiction. After closing, all records relating to this transaction held by Buyer may be subject to public disclosure u on re nest b p q Y the public. Except as provided above, neither a shall use for its own benefit or for the benefit of p o ers, or to others, any rnformatxon, knowledge, or data of a confidential or pro ne nature p or othemse not readily available to members of the general public which concernsthe business or affairs of the other party and. which was acquired during the term of this Agreement. 29. BINDING AGREEMENT, COUNCIL APPROVAL REQUIRED. This Agreement shall not be binding or enforceable until both parties have executed an (or a counterpart o ' al of this erp ren Agreement and have delivered to each other an original (or a counterpart original) of this Agreement fully executed by the delivering party. Seller acknowledges that this Agreement will be executed by the Seller before Buyer executes the Agreement and that the execution of the Agreement bY the Bu er is Y contingent upon the approval of the terms and conditions of this Agreement by the Meridian City Council and the Councils authorization for the Meridian City Mayor to execute this Agreement on behalf of Buyer; the date upon which the Meridian City Council provides such authorization on the record at a regularly scheduled meeting of the Meridian City Council shall be considered the "Execution Date" of this Agreement. 30. TIME IS OF THE ESSENCE IN THIS AGREEMENT -7- LHIS IS A LEGALLY BINDING A GREEMENT. PRIOR TO SIGNING 'MIS AGR .. . EE BUYER AND ARE ADVI OW. SED TO SEEK THE ADVICE OF C LEGAL COU WRIMNIINFOR--MA-TION,IPRO-VIDEDB.Y*BROKER IS BELIEVED TO BE LIABLE BUT MDEPE"N' DENT VER!FICAIJON' BY BUYER SHOULD BE' UNDERTAKEN. Buyer By. its, Address: T U-17-TIR - - 0 T vl", �7- 33 East Broadway Avenue M-e.ticlhm 1& - hot ::83642 Telephone Qoli 44 1-1 Iwo r1ca I t- 761 , aft] M-110 Seller. - By: W I Dates ��j / / EXHIBIT A LEGAL DESCRIPTION of PREMISES To iBF PROVMED BYTrME COMPANY. -9- ?00*N Addendum Attached Per Section 21 .10. AGREEMENT 1. Hazardous Substances, C• 1.1 Definitions. The terms "hazardous substance," "release " and ` oval" shall have the definition and meaning as set forth in Title 42 U.S. C. 9 0 (or the corresponding provision of any future law); provided, however that the term hazardous „ d us substance shall include hazardous waste" as defined in Title 42 U.S. C. ' 6903 (or the corresponding provision of any future law) and "petroleum," as defined in Title 42 U. S. C. ' 6991 (or the corresponding. provision of any future law). The term "superfund" shall l mean the. Comprehensive Environmental Response, Compensation and Liability Act Title 42 U.S.C. 9601, et seq. (or the corresponding provision of any future law) an any similar statute, ordnance, rule or regulation of any state or local legislature,'a agency y or body. The term "underground storage tank" shall have the definition and me anng as set forth in Title 42 U.S.C. ' 6991 (or the corresponding provision of any future law). 1.2 Representations and Warranties. The Seller represents and warrants to and covenants with, the Buyer that: ' 1.2.1 the Real Property is not contaminated with any hazardous :substance, 1.2.2 the Seller has not caused and will not cause the release of any hazardous substances on the Real Property, 1.2.3 the Seller has conducted a diligent investigation and in ui and to q ry, the best of the Sellers knowledge, there has never occurred a release of hazardous substances on the Real Property, 1.2.4 the Real Property is not subject to any pending, threatened, or likely federal, state, or local "superfund" lien,roceedin s claim liability, P g , or action .for e cleanup, removal, or remediation of any hazardous substance from the Real Property, p y, 1.2.5 no other real property owned or controlled by the Seiler or in which the Seller has any legal,uitable, or other interest is subject � � to any .pending, threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from, such property, 1.2.6 there is no asbestos on the Real Prop, 1.2.7 there is no underground storage tank on the Real Property, 1 1.2.8 by acquiring the Real Pro the • subject to an " P� a Buyer will not incur or be Y supe�rfund" liability for the cleanup,removal, , or remediation of any hazardous substance from the Real Property, L19 by acquiring the Real Pro • Property, the Buyer will not incur or be subject to any liability, cost, or expense for or the removal of any asbestos or underground storage tank from the Real Property, and p Y� 1.2.10 the Real Property and the uses conducted on the Real Property are in compliance with all applicable environmental law • s, codes, and regulations, including, without limitation. the Comprehensive Environmental Response, Compensation, .:and Liability Act of 1980, as amended. 1.3 Phase I Environmental Audit, The obligations of the • Bement are � g e Buyer under this Agreement , at Buyer's option, subject to the Buyer obtaining, at the Bu Br's s g y ole cost, a "Phase I" environmental audit and liability assessment indicating that the representations and warranties set forth in Section 3 are true and correct. The Phase I audit shall include, without limitation the following elements: (a) recorded chain of title documents(goin back 50 earng years) regarding e property, including all deeds, easements, leases, restrictions and covenants. (b) a review of historical and aerial photographs to uncover prior problems or uses that may now be concealed. (c) a review of federal, state, and local records which report incidents cidents or activitieswhich are likely to cause or contribute to a release or threatened release of hazardous substances, including landfill and other disposal records tank records, sp , .underground storage ecords, hazardous waste handler and generator records and s ill reporting p ep g records. (d) interviews with past and present owners employees, and neighbors, (e) a visual site inspection of the Real Property and all facilities es and improvements on the Real Pro ert and a visual ins • p Y inspection of immediately adjacent properties from the Real Propertyto check for the presence of hazardous substances, underground storage tanks, PCBs' and asbestos, includinginvestigation an of any chemical use, storage, treatment and disposal Practices on the Real Pr ' property. p Property and ad acent 1.4 Phase II Environmental Audit. If the Phase I environmental audit udit does not indicate that the representations and warranties set forth in Section 3 are true and correct, then the Buyer, in addition to any other remedy and without an ' . Y y waiver of rights shall have the right to either (i) terminate the 8u Br's obli ations to close Y g e the transactions contemplated by this Agreement, or (ii) require that additional audits ('Thase II)be conducted on the Real Property at the sole cost of the Seller, and extend . � the date for Closing for a period of time reasonably necessary to comp audit. lete and analyze the Phase II 2 1.5 Holdback Amount for Envi • xonmental Audit. If the Phase II environmental audit does not indicate that e representations and warranties set forth in Section.3 are true and correct, then the B without Buyer, in addition to any other remedyand thout any waiver of rights, shall have the� obli a right to either (i) terminate the Buyer's ligations to close the transactions contemplated b this Y close the transacts p Y Agreement, or (ii) proceed to ons contemplated by this Agreement and implement procedures: p the following 1.5.1 the Buyer shall have the absolute r" t ' Purchase Price� to withhold .from. the an amount reasonably determined by the Buyer as necessary to Buyer harmless from an los .. .. � hold the Bc ' " Y s or liab�hty ansing from or related to the failure of Phase I or Phase II' environmentalthe audits to indicate that the r resentati warranties set forth in Section 3 ep ........ons and Amount"). are true and correct ("Environmental Holdback 1.5.2 the Buyer shall have the right to utilize all or . any portion of the Environmental Holdback Amount for such acts(including additional ``Phase Lr studies, Cleanup., removal, or remediation) as are reasonably necessary to ensure that the representations and warranties set forthin Section 3 are true and correct, 1.5.3 the Purchase Price and the amount of the Purchase Pace allocated ' to the Real Property shall be reduced by that portion of the Environmental .Amount utilized b Holdback P y the Buyer, 1.5.4 the balance of the Environmental Holdback Amount,if be disbursed to the Seller,may, shall 1.5.5 to the extent that the Environmental Holdback Am ' r Dunt �s not sufficient to ensure that the representations esentations and warranties set. forth in Section 3 are true and correct, then the Buyer, in addition to an other rights, s . , Y hall have the right to seek indemnification or offset under the rovlslons of p Section 6.1 1.6 Cooperation with Environmental Audit. 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Essential Duties & Responsibilities: a Organize and. maintain inventories in designated stocking locations at determined stockimzy levels a Process incoming inventory and stocks lit *in the appropriate and desianated stock location a Assign new inventory to its appropriate part number and. enters rel, te"d information into Hansen a Maintain standard parts and equipment per speci.fications and. requirements a Order replenishment inventory based on economic order quantity- and buffer stock requirements 9 Ensure adequate stock levels for all supply items to avoid stock -outs Establish methods identify, move, store, and locate *inventory Distribute inventory from stocking location to point of use Issue inventory upon request Perform periodic cycle counts/audits to ensure inventory control objectives are being met • Maintain. accurate records, creates reports on inventory levels and prQl*ectj*.ons Identify inventory issues and initiates corrective action to ensure accountability Update and maintain invento:ry.. nort-lon of the asset database for Water and Wastewater Divisions Oversee annual physical inventory for Water mid Wastewater Divisions and reconcile variances • 'Research. product data to determine best material selection based on cost, quality,, and availability • Manage relationships with vendors to ensure supply-, -facilitate returns, and favorable pricing • Analyze inventory data to determine optimal quantity on. hand and replenishment strategies • Advise supervisor of policies or problems associated with contracts or inventory -maintenance • Provide reports and analysis on inventory data to Public Works staff and other departments • Compile and analyze data to evaluate program effectiveness and operational impact • Manage obso' lescence and disposition of inventory consistent with policies and guidelines • Update and maintain Material Safety Data Sheets log/nianual in easily accessible location #'a* .4 # Other Duties and Responsibuines Provide budget input as requested. • Participate on teams addressing Public Works strategic objectives • Perform related work as required or needed Interfaces with a variety of people including staff, customers, and vendors Support the City of Meridian and Public Works mission, vision, mid values • Follow all safety policies and procedures in effect Inventory' Specialist -112210 ,-P�b Specirications: High school diploma with experience in material handling, warehousing,, asset management systems. a Must have verified experience 'in data management, research., analysis, and trending N Must have good telephone etiquette and communi skills cation a Must, have effective customer service and support skills N Must hold valid State of Idaho driver's license and have a good driving record 0 Must demonstrate an ability to work well With others 'in a cooperative and collaborative manner working 'Knowledge of: General administrative and operations practices and procedures City policies related to purchasing,, accounting, and records management Process managernent — standardizing and. improving processes • Impact of inventory management on operational decisions and actions Ability- to: a Provide outstanding customer service by communicating respect, being open-minded, having a spirit of collaboration, and calmly. resolving conflict with. individuals that maybe upset or angry Work With minimal supervision, establish priorities and organize work assignments tor subordinates Follow office procedures and find important information fast and efficiently Make sound and reasonable decisions in accordance with procedures/ordinances and work effectively with frequent interruptions • Perform. basic lath. calculations 8 Operate personal computer and demonstrate effective skills in xNrord processing, spreadsheets, database management, records management and email/voicernail communications * Work effectively in a team environment that emphasizes collaboration, cooperation and communication * Manage interpersonal relationships to ensure positive and constructive outcomes WorkEn.vironment & Physical Demandsf, a Work- is performed primarily in an office environment with moderate noise level. The employee in this class is frequently subject to inside environmental conditions which provide protection from weather conditions but not necessarily fTom temperature changes, and is occasionally subject to outside environmental conditions. This position requires sufficient personal mobility and physical reflexes, which. permits the employee to function in a general office environment to accomplish tasks: • Constantly requires sitting at a desk for long periods of time, up to 8 hours and ability to lift up to 40lbs.; • Constantly requires clarity of speech and hearing, which permits the employee to communicate effectively; • Constantly requires clear vision to read printed materials and computer screen to accomplish work.; • Constantly requires repetitive movement of thekwlists, hands, and/or fingers. Inventory Specialist_ 11221 Q 2 Travel Requirements, Local -travel is frequently required. IV Disclaimer: Must perform the essential duties and. responsibilities with or without reasonable accommodation effitcientiv,-cuid accurately without causing a s.-tgn iffli cant safiety threat to self or others. The above statements are intended to describe the general nature and level of work being perfortned by employees assigned to this classification. They are not intended to be construed as an exhaustive list ofrall. responsibilities, duties and/or skill required of all personnel so classiffied., This Job description is not an employment agreement and/or an expressed or implied employment contract. Management has the exclusive riaht to alter this *ob description at any time without ice. To comply with the Americans Disability Act (ADA), the City may make reasonable accommodation for # 11i qualified individuals with disabilities to enable them to perform the essential job functions. This is an accurate description of the essential functions, of my position, Employee Approvals: .rest Supervisor/Manager Management (next level) rate Date Date Inventory, Speciahst- 1122 10 3 April 129 2011 Mr. John McCormi*ck City of Meridian 33 E. Broadway Ave., Suite 200 Meridian, ID 83642 Subject-, Stock Control Specialist Dear Mr. McCormick. - 051364/ Controlling inventory within a public utility setting is essential to reducing the time required to correct equipment outages and protect capital spare investments. A well managed inventory environment provides a controlled space and the processes, practices and methodologies to sustain material parts and supplies required to support the needs of complex water and wastewater facilities. A cursory review of the current Meridian inventory management approach shows there are issues that make it necessary to establish a formal program: * There is a lack of inventory processes resulting in increased costs and reduced effectiveness o There is no accounting for supplies, parts and equipment held in inventory Inventory is not itemized so quantity, valuation, and condition is unknown Inventory is stored in multiple locations Without documentation or security Because item locations are not documented, retrieval of critical parts/material is dependent upon the memories of staff and management. The lack of visibility related to items and quantity on -hand leads to surpluses, obsolescence, order duplication,and mis-utilization of resources 'Dere * is no means to manage cost, share material or bundle purchases for best buy quantity. There are many steps related to establishing an inventory program and associated warehouses. Some of the steps that need to be completed are: • Establish a process for capturing, tracking and reporting inventories • Institute automated data collection where possible • It"stablish a standard parts /sku numbering system Enter 'inventory data into the Hansen database Establish approved and secure stocking locations (warehouses) Train pcopic on inventory management and associated business practices Document the inventory processes Integrate inventory management, as part of asset management, as part of the operations culture Currently, there are no employees dedicated to supporting an inventory program. We recon=end, as a amu a Stock Control Speciahst be hired 0 to manage the inventory program. Some of the tasks of the Stock Control Specialist could include.- • Stocking frequently used items and controlling the economical ordenng points. • Establishing a will -call section where parts for a specific work order are accumulated until an parts arrive. 40 Disposal of retired parts and eq uIpment as well as non -repairable bits and pieces throughout the organization. 0 Ordering all parts associated With equipment maintenance work orders, Recei * all parts ordered through the warehouse and document* the wing ting process through Inventory Management System. Issuing all parts associated with a work order from the warehouse through Inventory Management System. • Restocking items returned from work orders. • Monitoring off -equipment repair actions. 41.0 • Performing delivery of inventoried iterns and assets. • Maintain a warehouse and inventory audits of parts and supplies. • Order and receives bits, pieces, parts, and supplies from vendors. • Record transactions related to the repair cycle in the Inventory Management System. Produce status reports related to warehouse and inventor health and activity. • Track and manage warrantee and supplier returns. • Establish * " and maximum stocking levels. Brown and Caldwell is well -versed an Inventory Management support and available to provide consulting support on an as -needed task order basis. If you should have any questions, please call me at 208.389.771.2. Very truly yours, BROWN ANDALDWE.U. ,-7 Daniel Ayers Project Manager DDA/ attachmcnts Meridian City Council Meeting DATE: May 17,20110ITEM NUMBER1 OG PROJECT NUMBER: ITEM TITLE: Department Report: Public Works Discussion on Possible Amendment for a Geographical Information System (GIS) Technician Resulting in a Savings in Personnel Costs of $21..934.00 MEETING NOTES W&-Y-vexi 3A-tLo-a-v4 P,Vpy-ovc, CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ._-- n q i n Q�, " "J . . ....... . ......... . ...... —.". . ........ . ...... 0 @ m 0 0 5' 3 > M X C r c c 3 3 cr 0 wo 910 0 (D 0 to 0) C < m 0 CL 0 < 0 — m 0 M m =L CL 0 --T < -n MCI 5MM(fi—intro w Q I 0 0 w M 0) m 9 cr R CLI 0 =r C x C 00 r a CD o 300*-3mr a:3 m < . 01 (1)(D *< (1) -a 80 o 0 cr c r 0 63 15' 3 CL 6 10 3 = U 0 cr co (a :3 . %< =r m M 0 C) m 0 co 'A o 0 * 3 %< 0> >-5 oto < =r ch =r -7 C Mme. w m C o (D 0 8 3 CL n :3 A 0 0 o < to mr 5. 3 c (D 0 0 1-4- (D �i V1 o 6 3 0 © = 0 1 cr to CD 3 CL0 "0 0 • (D a CA U) 6 ock) 78 < pl* --1 0 z 0 O -P " CL 0 (c) 0) tAl 3 CD 0 C 0 <=r M Q =r 0 3 M M 0 0 (D (a < 0 (D (cl 3 CL > 0 0 C) C cn cr a c) 0 10 0 3 a C 0 C o 2 = = 0 0-0 3 < M (D c M CA. --r 3 :0) Cern 3 (A .0 =r (1) CL 0 3 M < a' C 0 QL 3 0 co -gym 5, 0 M C 0 c m m 0 0 C 3 CL =r 0 OL 0 0) 0 C =r -0 C p o ?L C Q. 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M co 5(a C C) m cl) 8 -,0 am` (D p CCS CL r.L mr 0) ACL© C) (D m o 0) CL 0 0 A c (D C tia =r tU cca CD CL c: = (;) C r!* fr EX it m :3 i or 0 r L CA 1 0):3 cl M C (n 0 M < 0 L C w 0 C. 0 CL=..0 x CL 0 C 78 '2 0 m; -0 CL cr C M -n -, CL 0 0 w CL CD o or 5;0 0 57 (A *0 CL CL =r. 0 0 m m z 0 3 m Z 0 M c (tf> ?Oft*N c 0) CL 0 z me P-1, (D to w :r to 0 Lr cr c CL CL 0) CL 6 U25 0 to go CA M 9. 211 tv I-lp Lw 40 5.0) 04 0W 0) 0 G) < 0 0 =r 44 W 0 —4 r 4p& 4 44. 4 4 4h. 4 4* X 09 o 0 o 100 to " W to 0 0 0 0 z z m m m m a 0 r 3 o M—:1 < cu 06 co > 21 @ QD (A: rn z a) 0 a � 04 C)0 m 441 43 m > m Z > z m z 00 X V P* 0 (3) m 7 C < to r.L V 0 A co CL • 0 CL g CL 0 ju CL c : CL 0 cr c a) - I 0. to to CL Z CL a 0 0 fb* to Q 0 0 o 7 cr cr to CL Meridian City Council Meeting DATE: May 17,2011 .ITEM NUMBER: 1 0H PROJECT NUMBER: ITEM TITLE: New Beer and Wine License for Ustick Chevron LLC dba Fast Eddy's Ten Mile located at 750 N. Ten Mile MEETING NOTES Rwy?:)veA C.,O CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 17,2011 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics. MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 17,2011 ITEM NUMBER: 12A PROJECT NUMBER: ITEM TITLE: Executive Session per Idaho State Code 67-2345 (1) ) (� Tb J+iaA- 0....w, -2 X e mT'+ � i SC � o SCJ-✓ E� o Consider Preliminary Negotiations Involving Matters of Trade or Commerce in Which the Governing Body is in Competition with Governing Bodies in Other States or Nations, and (f)To Consider and Advise its Legal Representatives in Pending Litigation MEETING NOTES u 3 -pm ou,t� l 0 '- S lc� 'p � CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS