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HomeMy WebLinkAbout2002-05-29 CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Wednesday, May 29, 2002 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve with Amendments 3. Executive Session as per Idaho Code ~ 67-2345(1)(f): Move to end of Agenda - no decision 4. Consent Agenda: A. Approve minutes from May 7, 2002 City Council Regular Meeting: Approve B. Approve minutes from May 14, 2002 City Council Special Joint Meeting I Workshop with Meridian Rural Fire Protection District Commission: Approve c. Easement for Touchmark Phase 1-B: Approve D. Temporary Sewer and Water Easement for Bridgetower Crossing No.1: Approve E. Waterline Easement for Storage Cubby's Project: Approve 5. Assessment Briefing by Ada County Assessor Bob McQuade: Presentation 6. Request for Waiver of Notice Requirement for A.C.D.S. Project: Rhonda Miller for PAL Soccer: Need to Review Application 7. Department Reports: A. Finance Department - Stacy Kilchenmann: Meridian City Council Agenda - May 29,2002 Page I of2 All materials presented at public meetings shall become property oflhe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1. Finance Report: Presented 2. Purchasing Policy: Draft 3. Woodbridge Latecomers Payment Agreement: Approve B. Public Works Department: 1. Award of 2002 Fire Hydrant Project: Approve to Star Construction for 31, 958.00 2. Award of Waste Water Treatment Plant Lighting Project: Approve to Custom Electric for $22,500.00 3. White Drain Sewer Trunk - Crossing and Easement Agreement with Settlers Irrigation District: Approve 8. (Items Moved from Consent Agenda) 9. Ordinance No. ; Allowing for Criminal Backaround Checks on applicants of permits I licenses with the City Clerk's Office: Table to June 11, 2002 City Council Workshop 10. Public Hearing: Water and Sewer User Charge Modifications: Approve Meridian City Council Agenda - May 29, 2002 Page 2 of2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Wednesday, May 29,2002 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: x )( 2. Tammy de Weerd X Cherie McCandless ')( X Mayor Robert Corrie Adoption of the Agenda: . -;f Ci/j?p7^tJ I/Ie.. tJ/l-I>....> tt/;t.e~/N~ 5 Executive Session as per Idaho Code ~ 67-2345(1)(f): (J14Jve .f!;; ~ efLti. c+- ~v ~ f1..-<) dkc.<)}.~ Consent Agenda: Bill Nary Keith Bird 3. 4. 5. A. Approve minutes from May 7,2002 City Council Regular Meeting: arprpv.e...- B. Approve minutes from May 14, 2002 City Council Special Joint Meeting I Workshop with Meridian Rural Fire Protection District Co fYlfYliss ion: t?vf'j?Y17 VLe.... C. Easement for Touchmark Phase 1-8: cr..rTl'OVL-- D. Temporary Sewer and Water Easement for Bridgetower Crossing No.1: arrrv ~ E. Waterline Easement for Storage Cubby's Project: 4fPov..e- Assessment Briefing by Ada County Assessor Bob McQuade: jJreJ~~ Request for Waiver of Notice Requirement for A.C.D.S. Project: Rhonda Miller for PAL Soccer: _ ~ -/-i) r€ VJ".e j,V- c&fJfU /ca.h'f7r.J Department Reports: 6. 7. A. Finance Department - Stacy Kilchenmann: 1. Finance Report: fYtL~~ 2. Purchasing Policy: ~ Meridian City Council Agenda - May 29, 2002 Page I of2 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 3. Woodbridge Latecomers Payment Agreement: ~'?ve. B. Public Works Department: 8. Award of 2002 Fire Htdrant Project: 41 '71 /:Jca 00 a/prol/V!.. to (Jnz.-tX~.t: cf?n-. .? I -, 70, - Award of Waste Water Treatment Plant UghtinR Project: ot> C{//I~!lV'€fo CtcfhhV 8ec:h7~ A-t.J~Z2-, ?OD_'-" White Orain Sewer Trunk - Crossing and Easement Agreement with Settlers I rrigation District: Ci?fr!?v..e....- (Items Moved from Consent Agenda) 1. 2. 3. 9. Ordinance No. ; Allowing for Criminal Backaround Checks on applicants of permits I licenses with the City Clerk's Office: h-61e Iv 6~11--t?:L ~ Public Hearing: Water and Sewer User Charge Modifications: CI jJ J?Io v.e 10. Meridian City Council Agenda - May 29, 2002 Page 2 of2 All materials presented at public meetings shall become properly ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. June 14, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT June 18, 2002 ITEM NO. 3 - C--; REQUEST Approve minutes from May 29, 2002 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: nvJ/ rrtrfV WlI~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of MeridIan. Meridian City Council Meetina Mav 29.2002 The regularly scheduled meeting of the Meridian City Council was called to order at 6:50 P.M. on Wednesday, May 29,2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Bill Nary, Cherie McCandless. Others Present: Gary Smith, Brad Watkins, Shari Stiles, Stacy Kilchenmann, Bill Nichols, Mike Worley, Ken Bowers and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Cherie McCandless X X Bill Nary X Keith Bird Mayor Robert Corrie Corrie: Okay, I'm going to open the City Council regular meeting on Wednesday, May 29,2002 at 6:50 P.M. Please have roll-call attendance please, Mr. Berg. Item 2. Adoption of the Agenda: Corrie: Okay. I apologize to the public. We got a little late start. We had a meeting with the ACHD. Council, Item Number 2 is Adoption of the Agenda. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd like to move that we move Item 3 to Item 11 towards the end of the meeting. I was also going to request and I don't know if this is the right spot, but on Item number 9, the ordinance number, ask if we table that matter to our June 11 th meeting to give the Police Department and the City Clerk's Department an opportunity to discuss some of the changes and how they may affect their departments and comment if they need to. Corrie: Okay. Nary: Oh, and on the finance report, too. I think Miss Kilchenmann requested that we basically change the order of that to take up Item 3, the Woodbridge Latecomers Payment Agreement first and then the finance report and then the purchasing policy. De Weerd: Second. ( Meridian City Council M!:!eting May 29, 2002 Page 2 of 52 Corrie: Okay. Any other additions or corrections? Council. Okay. Motion has been made and second. Would you have roll-call, please - this is the adoption of this agenda. All in favor say aye. Motion carried. Item 4, Consent Agenda. 4. Consent Aqenda: A. Approve minutes from May 7,2002 City Council Regular Meeting: B. Approve minutes from May 14, 2002 City Council Special Joint Meeting I Workshop with Meridian Rural Fire Protection District Commission: C. Easement for Touchmark Phase 1-8: D. Temporary Sewer and Water Easement for Bridgetower Crossing No.1: E. Waterline Easement for Storage Cubby's Project: Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda and all proper papers to authorize the Mayor to sign and the Clerk to attest. Nary: Second. Corrie: Motion been made and second to approve the Consent Agenda. Any further discussion? Hearing none. Roll call vote Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. All ayes. Corrie: Okay. All ayes. Motion is approved. Item Number 5 is Assessment Briefing by Ada County Assessor Bob McQuade. So we will have-Bob. Glad to have you here. Name and address please, Bob. Just for the record. 5. Assessment Briefing by Ada County Assessor Bob McQuade: McQuade: Mr. Mayor, thank you. I'm Bob McQuade, the Ada County Assessor. 200 West Front Street. That's our new address. Just wanted to stop by and tell you what's going on with the assessed values. It might be a bit anti-climatic because there was a big article in the Statesman on Monday, which was talking about the assessed values. But I'm going to have some specific information for you as well as some total market values so you can get started on your budget process, if you haven't already. The total market value in Meridian this year is the 2002 assessment year is $2.6 billion dollars. That's up 16%%. That's the { Meridian City CouncillVleeting May 29, 2002 Page 3 of 52 total market value. That's what we would expect the properties to sell for. That is different than the taxable value. The taxable value is the market value minus any exemptions. In Meridian, we're talking about homeowner's exemption and agricultural exemption. The taxable value is $2.1 billion. That's up 18% over last year. Just kind of (inaudible)the taxable value is 81 % of the total value. In other words, 19% of the total market value is exempt. Your residential parcel count is 14,675. That's up 6%% on the counted number of parcels, residential parcels. Market value $1.7 billion dollars. That's up 13%. The median increase is 3.7%. We like using the median rather than the average because there's such a range of change on existing property. For example, you would have a residential property that a house burned on January first or January fifth. Anytime after the first. If it was a $150,000 parcel, a $50,000 lot, we're going to take $100,000 off. So, that's going to show a significant decrease in value from the previous year. On the other hand, if you have a (inaudible) parcel that you put a $300,000- $400,000 house on, there's going to be a large increase there. So, we're trying to nail down the change on existing property. That's really tough to deal with. So, that's why we like to use the median because it really is a middle number. That's where most of them tend to be improving. The median again is 3.7% over here. Last year, the median increase was 1.3%. Just as a side note, why we have to be so careful when we're talking about the averages, I called Emily (inaudible) over at the Statesman the other day and told her about what a great article she had written. She had just received a storm of phone calls complaining about how their assessed value was up a lot more than the 3.4% that was said in the article. It's just a nice figure to know but I think people need to look at that in the context that there's going to be a lot of variation around the mean or the median. Your commercial count is 1,947. That's up 5.3%. That's the number of commercial parcels. The market value is $858 million. That's up 24% over the previous year. The increase-I'm going to make sure I've got this right-I just got a phone call about 4:30-the (inaudible) on the commercial is 6.3%. The median is 3.4% increase. I really don't see a lot of (inaudible) increase. I don't see a lot of problems over in Meridian. I think we really have a handle on what's going on over here in values and we're not seeing a lot of large increases. On the average, again, specifically, we might have a parcel that will go up 300- 400%. We'll take an ag parcel, for example, that had a $1,000 on it. We take the ag exemption off. That's now going to be $5,000 or $10,000 or $50,000 or $60,000 for that parcel. That's going to have a significant increase. The new construction, this is important to you because your budget increase is going to be 3% over last year's value plus the value of new construction and that is the new construction, the value of new construction times the last year levy. That's going to give you a dollar figure. You add that to last year's budget and that's going to tell you what your budget can be this year. Residential, you had 670 residential parcels this year compared to 758. That's a 12% decrease. That doesn't mean it's going down, it's just increasing at a slower rate than the previous year. Commercial, you had 19 parcels. This year, 63. That's a 70% decrease. That's fairly typical throughout Ada County. Everyone is seeing that. The new construction has slowed down considerably. Market value is $105 million. That's down from $151 million or a 30% decrease. Again, you still can add-take your Meridian City CouncillVleeting May 29, 2002 Page 4 of 52 levy-last year I don't know what it was in Meridian-multiply it times 105 million. That is, approximately, what you can add to last year's budget. The market value of new construction was $63 million. That's down 15% over the previous year and the commercial is down about 77% over the previous year. The last thing I want to-I think this is an interesting number because I there's a lot of confusion throughout the whole state and that is who pays the largest burden in property tax. The commercial property owners, I've heard them say that they pay 65, as high as 70% of the property tax bill. In Meridian, it's 59%, is borne by the residential property tax owners, or the residential property owners are paying 59%. Commercial is paying 41 %. Boise it's just the opposite. It's Commercial really is paying more because you have Micron and Hewlett-Packard and some other ones. But, in Meridian, your residential property owners are picking up just about 60% of the property tax tab. Mr. Mayor, that brings to a close my presentation. I would be happy to answer any questions that you might have. I think this all tells us something and, to me, that is that we are really feeling the effects. The economy is really slowing down. We at the County, we are subject to the same budgetary constraints that you are. We are budgeting less because our new construction value is down. Corrie: Okay. Thank you, Bob. Any comments, questions? Thank you very much, Bob. We'll let Will digest all those figures and give them to us. McQuade: I do have a copy of that if someone would like those. Corrie: Thank you very much, Bob. We appreciate your comments and giving us the information. McQuade: It's good to see you and I just can't believe how this city is just bustling over here. You actually have traffic jams and- Corrie: We're right in the middle of it. You're right. McQuade: It looks like you're addressing it, though. Corrie: Hopefully, we are anyway. Thank you, Bob. The Item Number 6 is a request for Waiver of Notice Requirement for Ada County Development Services Project, Rhonda Miller for PAL soccer. Item 6. Request for Waiver of Notice Requirement for A.C.D.S. Project: Rhonda Miller for PAL Soccer: Miller: Mr. Mayor and City CounciL We're actually planning on using the turf farm at the corner of Eagle and Fairview for PAL soccer's next season. Corrie: Your name and address. Meridian City Councill'vJ~eting May 29, 2002 Page 5 of 52 Miller: I'm sorry. My name is Rhonda Miller. My address is 12641 West Audi Court and that's Boise, Idaho 83713. Corrie: Thank you. Okay, go ahead. Miller: We're in the process of trying to get a Conditional Use Permit with Ada County to play at the corner of Eagle and Fairview next fall for the soccer season for PAL. Within that process, I have to come to Meridian, I guess, because we're in the impact area here and ask for a waiver of requirements. I guess your process for waiting is four weeks compared to their three weeks. Corrie: Okay. Do we have any comments on this from staff of any-Shari. Stiles: I had had a request. It's been probably over a month ago about this request for a waiver. I felt that this project is going to seriously impact the City of Meridian. It's right in the heart of that commercial area over there. We do have some traffic concerns. We didn't feel that this was one that we should handle at staff level, that it was certainly one we needed time comment on. We have yet to receive any kind of a site plan or have any idea what they're talking about. So, I don't know why it's taking so long to get to this point but it seems like if they had the time to wait this long to even request this at the Council, why couldn't they have come to us with the application and started the process. I mean, then, we wouldn't even need the waiver. Miller: The application's been turned in to Ada County for quite some time. Stiles: But we haven't received it yet. Is that- Miller: Ada County Planning and Zoning has received it. Stiles: But we have not. Miller: As far as Meridian? Stiles: The City of Meridian. Miller: I was not told that Meridian City needed it. Stiles: City of Meridian would receive it from Ada County. Miller: Okay. Well, Ada County is waiting for me to get this done before they're going to process-- Stiles: When did you turn it in to Ada County? Meridian City Councill\tJeeting May 29, 2002 Page 6 of 52 Miller: Ada County has had it for over six months. They have the plans. They have everything. The only thing they're waiting on right now is this waiver from Meridian. Stiles: That doesn't make any sense. I don't know what's going on but it doesn't make sense that we'd sit on an application for six months to see if we'd give a waiver of 30 days. I just don't understand what they're even doing. I mean, they certainly could have submitted-I mean, the 30 days is long gone. I mean, we could have had six months to review it now. Miller: Right. Yes, I don't know. I've been dealing with Wendy. I guess I'll just call Wendy tomorrow. I talked to her today and told her I was coming to this meeting and she was like, okay. I told her I'd call her tomorrow and let her know so- Stiles: But they haven't transmitted it to any agencies at all yet? Miller: No. Nothing has been- Stiles: I don't know what's happening. Miller: I got the letter from the State Highway Department saying that they have no issues with us playing there at that site. I've got a letter from the Highway Department stating that there is going to be a traffic light put in at the intersection where Wal-Mart is at because that is where we're going to access it. Stiles: So they have transmitted it to other agencies but they just- Miller: No, I, actually, had to do that myself. Stiles: Oh. Miller: They're making me call and get all these requests and actually take the stuff to them. Stiles: But you have not given the City of Meridian any information? Miller: I was told I didn't have to. Otherwise, I would have. So, I apologize. Stiles: Ada County said you didn't have to? Miller: Yes. I didn't even know I had to do this until a couple of months ago. Stiles: Oh. I have no idea what their staff is doing. It doesn't make any sense. Corrie: We might have somebody from Ada Planning or somebody contact us. So, I would imagine what you'd better do is, tomorrow go back to who you're Meridian City Council Meeting May 29, 2002 Page 7 of 52 talking to and tell them to contact our Planning and Zoning. So that we know what's going on here. I haven't the slightest idea either. I can't imagine they'd be saying those things and making you do it. Miller: Yes. I have a list from them telling me what I need to get. Stiles: Mr. Mayor? Corrie: Shari. Stiles: I'd like to ask the applicant, have they accepted your application as being complete? Miller: No. It's not complete yet. Stiles: So, what's not complete about it? Miller: They want this and they need the Fire Department to sign off saying that we're in accordance. Stiles: But the Fire Department has seen no plans? Miller: Well, I've taken a set of plans down to them. He showed me where they want fire lanes and that's, basically, all I've got for Ada County. He's not willing to sign off until we've been approved. Stiles: This does not make any sense. Corrie: Okay. What I would suggest-we're going backwards instead of forward here. Why don't you have, when you go to Ada County tomorrow, tell them to call Shari Stiles? Miller: Okay. Corrie: And what she needs to get us along the deal-thirty days isn't going to do us any good. We've lost already, five of those thirty days. So, if you'd have them call Shari and explain what they're trying to do and then Shari you ask them why they're making her do all this. Because it doesn't make sense. Stiles: A waiver is not required for an application to be complete. Miller: Well, they're telling me it does because otherwise it's going to hold up the process. (inaudible) Miller: Yes. I've dealt with them in the past. "I Meridian City CouncillVJeeting May 29, 2002 Page 8 of 52 Corrie: Okay, well, there's not a whole lot we can do until we find out what's going on and maybe Shari, if you can find out, we can maybe- Stiles: It seems like they just need to start the process and go through the normal process like anybody else does. Get the application to us so we can have our time to respond since they've had it for six months. We would like to have the 30 days. It's a pretty big project and pretty significant for the area so I don't know that you're going to get a waiver. I mean, that's up to the Council but we'd like to have our 30 days or at least see what your plan is out there. Miller: Sure. Okay. Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. De Weerd: We just need to be a little clear on this because it sound like it's kind of lost it's connection somewhere. The normal process for an application of this size, it generally does go through the normal process so the waivers-the waivers are generally granted for a small one-acre lot split or you know, real minimal types of things. This is contiguous to our City limit, so it's something that's going to heavily impact our safety services, our police and our fire and those departments do need time to respond, as you know. Why we haven't gotten a copy of the application and why they're holding it up for something like this is beyond belief. Shari, if you could call them and see if we could a copy instead of making Rhonda go down there and ask them to do it, we should just request it and get Kenny and his staff in starting to do some of the review if you have a complete application. I guess, that's the first question that needs to be answered. Miller: They told me it was not complete because it's missing the Fire Marshall's sign off and Meridian City. So, I'll call Wendy tomorrow and find out what's going on. Corrie: I think that would be a good idea. We don't know which way we're going and for us to try to get in the middle of something we don't know about, it's going to give us a real problem and they're not going to be able to tell us anything. So, if you can get down there and I understand what you're saying, but if you can tell them what we've told you and let them call us and tell us what they're problem is, that's easier than us calling and saying, what's the problem and they say, what are you talking about. So, if you can kind of lead that way it'll go faster, I think. Miller: Sure. De Weerd: It sounds like they're- 1, i Meridian City Council Meeting May 29, 2002 Page 9 of 52 Corrie: Well, it sounds like it but she needs (inaudible) some information. Nary: It may just be miscommunication. Corrie: It could be, yes. Bird: Mayor? Corrie: Yes. Bird: You said they were going to put a signalized right there at Wal-Mart? Miller: Yes. Bird: There's already a signal there. Is that the one you're going to use or are they going to go down to--? Miller: We're going to put the other side up. We need to put the other side up. I mean, out of the soccer field there. Bird: That's what I mean. But, that's where they're going to signalize. They're not going down to the next road. Miller: No. No. Bird: Okay. Miller: Same intersection. Bird: Right there at Texas Roadhouse. I was going to say, man, they'll have more signals there. Corrie: When were you going to play on this field? Miller: Our soccer season starts August 24th. Corrie: Oh. Nary: (inaudible) intersection light and an approach to that intersection? Miller: Yes, exactly. We actually have to put a road into the field and actually to get our cars in too. Okay? Corrie: Good luck. Miller: Thank you. \ ( Meridian City Council Ml;;leting May 29, 2002 Page 10 of 52 De Weerd: I think we need to share with ITD how they can get it done in a short amount of time. Corrie: Okay. Next is the Department Report. Finance Department. Stacy Kilchenmann, Woodbridge. 7. Department Reports: A. Finance Department - Stacy Kilchenmann: 3. Woodbridge Latecomers Payment Agreement: Kilchenmann: Mr. Mayor and Council. The first item under my Department Report for you to consider is actually a latecomer's agreement type item. I think you'll find in your packet is a proposal by O'Neill Enterprises for the Woodbridge Subdivision concerning a payment agreement for their latecomer's fees. I think a representative of O'Neill Enterprises is here to give you a presentation or explain why they'd like to have this particular payment arrangement with your permission. Corrie: Okay. Mr. O'Neill. Name and address, please. O'Neill: Derrick O'Neill,168 N. Ninth, Suite 200, Boise. Mayor and members of the Council, thanks for hearing me tonight. Just trying to make sure you all have the most recent document. I sent over a document this afternoon dated May 29, 2002. Do you have the document? Did you get that? Corrie: No. De Weerd: I didn't pick up my mail. Bird: I've got it right here. O'Neill: I've got some extra copies. Bird: I've got it right here. It's in our box. O'Neill: First, I want to start with apologizing in taking your time tonight but a couple of other apologies. Apparently, there was some words from an employee or a consultant of mine, Scott Beechum, today and a couple of your employees that I don't endorse or condone. That's why I'm sitting here tonight. I'm talking to you as a principle of the project and speaking to you about my feelings. So, I want to apologize to Stacy if there was anything that came across as unprofessional. The second thing I want to apologize is that there's been some words or maybe understandings that if we don't get what we want, we're going to protest this whole thing. That's not the case at all. The reason I'm sitting here is, I think there's a solution that's good for the City and a solution that is good for us. Meridian City Council Meeting May 29, 2002 Page 11 of 52 But, those two points, I've clarifications. Maybe I'll give you some time to kind of scan through the letter dated May 29th. That is a revised note that gives you a little bit of history of our view of where this project is and then a response to somewhat curve ball, r guess, thrown at us a day or two ago in terms of the Finance Department and Public Works Departments feelings. So, I'm going to pause for a moment and let you scan that letter and then I'll walk through it. Corrie: Derrick, I have a question on this five-year plan. Was that yours or where did that come from? O'Neill: That came from a discussion with Public Works and them saying we're comfortable with the amount and if you want to put in front of Council a different program, we're not going to stop you from doing that. That was something we put in front of the Public Works Department and, in fact, communicated with the Finance Department some time ago and then we also had it in front of you as part of a packet when you reviewed Phase Two Preliminary Plat, Final Plat. Didn't ask you to take action but it was there to inform you that we had this issue on the table. So, that was our original proposal that we thought would make sense and work. In the last three hours, I've reviewed the comments from Public Works Department or the Finance Department primarily and altered that five-year program to a program J thought was maybe more feasible for the City and something that we could live with. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, if I could ask a question of Gary? Gary, is the latecomer for Woodbridge computed on a per acre basis or a per equivalent residential unit basis? Maybe it's a question for Brad. Watson: Mr. Mayor. Council Members. Mr. Nichols, it's computed on a per acre basis. O'Neill: It appears that you've kind of had a chance to get through that. Maybe I'll walk through and help re-summarize it then I'll take any questions. As you guys recall, we've been in front of you and it's actually been quite some time since we came in front of you with original PUD for Woodbridge. At that time, it was still unclear of the way this latecomer's fee would be handled and whether it would be a per acre or for ete.,etc. We, at that time, agreed that there would be some sort of exposure and some sort of cost but we also agreed that it would be something that we'd have to work out. Obviously, that got to be a real tough project for the City and I can understand why. So, it took quite some time until they even came and said here's a proposed amount. So, we're-have not been and still are not in protest that there's some dollars that we need to contribute towards that improvement. However, when we started that process and even went through the first phase of this, it still was not-that issue hadn't been Meridian City Council Meeting May 29, 2002 Page 12 of 52 brought to the table. I'm not sure exactly why. It's just been hard to finalize it, I guess. So, in moving through that, I think we came up with a program where the Public Works Department re-Iooked at the methodology. They re-Iooked at the dollars and they came up with this per acre amount that we felt comfortable with. But, given the fact that this process had been going for three or four years, we felt that it would be reasonable to be able to have some terms to pay that. When we go get a project financed, we usually try to put those things up front in financing a project and when you don't know what that exposure is or what the dollars is, it's very difficult to do that. As you guys are probably aware, when you put a project in, there's a ton of dollars that go in up front and we don't see a return for quite some time. So, from a cash flow standpoint, $130,000 hit is a big hit to us when we don't have it financed or a plan to pay for it. So, thus came the five-year payment program that we've put in front of you. We actually made a payment towards that. We had discussion with the Finance Department. Not with Stacy. A couple of days ago they e-mailed and said that it looked like an agreement that would make sense but the City Council, obviously, had to review it. We understood that all along. I didn't want to put Public Works or the Finance group in a position where they had to make a decision. I realized fully that they were going to put it to you guys and you were going to look at it and make the decision. As of yesterday, they came back and said, you know, maybe we ought to look this a little differently and so I've tried to react quickly to put in front of you a program that I think is a win, win position. I understand this has been extremely difficult for you guys in terms of latecomers fees now and in the past. I think this is not setting precedent. I think it has got some unique circumstances associated with it and it's a project that was put in quite some time ago. The full methodology and fee calculation wasn't done absolutely up front so I could probably go on and on but I think you understand the element of what I'm proposing. I do think it's a good thing. It may not be a great thing but I think it's a fair thing for the City. It's a fair thing for us and we're prepared to do it. I guess I'd stand for questions and we can move forward. Corrie: Okay. (inaudible) discussion? De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. De Weerd: Well, it looks like on the Woodbridge or O'Neill Enterprises has moved their proposal from the five-year to the three-year and from what I read in the memo dated May 23rd, the City has entered into a couple of three-year plans. Is that correct, Gary, or Brad or Stacy? I don't know who's the appropriate person to answer. Kilchenmann: Mr. Mayor. Members of the Council. According to Reta, there have been two occasions in the past where the City has entered into a payment plan. I can't recall the exact developments. They were smaller developments. It's not a typical precedent of the City to enter into a payment plan but there have Meridian City Council Meeting May 29, 2002 Page 13 of 52 been two occasions where it has been done. We have actually never agreed on any particular payment plan because that's not an area of our responsibility. That's your responsibility. I think an assumption was made that perhaps payment would indicate acceptance and I don't think either Public Works nor Finance ever purported-or that we could sign an agreement plan. We did make a suggestion-a member of my staff suggested to Mr. Conger a few weeks ago that maybe we can consider an accelerated payment plan with three payments and she was told that he would not even present that proposal to his client. Any discussions of alternate payment-and I actually have a record of phone calls and dates. We were told that would be an alternative. De Weerd: It looks from this letter that now it is. Kilchenmann: As of about 4:30 today, it did become one. De Weerd: Is this something that is along the lines of what you were thinking and would this be agreeable? Kilchenmann: Obviously, it is in the best interest of the City to have the latecomer fee paid sooner rather than later. So, that really is something that I think the Council and the Mayor need to make a decision about. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Gary, usually on latecomers fee, when you-the-somebody puts the trunk line through and then when you bring your development in, you pay up front or pay as you get your development, not on payment plans normally, is it? I mean, it's usually you pay if you get a unit of 80 acres, you pay for the 80 acres at that point. Smith: Mr. Mayor. Council Members. Councilman Bird. We started recently a policy of requiring that where the total Final Plat acreage pays the latecomer's fee at the time that the plat is signed. That's for each development lot. Cost per lot. In the past, we've collected latecomer fees at the building permit stage. Each time a building permit comes in, we get the latecomer fee. We changed that policy so that we could recover the money faster for the developer that extended the line to serve the properties that were subject to the latecomer fee. This was an item that was discussed with the process improvement group. I think it was acceptable to everyone at that time. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting May 29, 2002 Page 14 of 52 Bird: On these latecomer's agreements, Gary, I know they're a real hassle but, you know, the money is either put up front by us or another developer to get it out there and neither one of us are really bankers or in the banking business. I don't know if Woodbridge-I'm sure that when they started selling their property in 2000 or-I'm sure it was the first of 2000 that this sewer trunk line fee was all figured in all their lots. I don't know how many lots they've sold, how many houses they've built or anything like that but I have a real problem of a five-year payment deal. De Weerd: That's not the request anymore. Bird: No. I know. They're requesting the three. Now I have a problem with that. I have a problem with latecomer's fees, period. I absolutely have a problem with it. I just don't think-we've put the money out. We have paid for it or some of their developer has. I don't know who put in the Five-Mile. Did we put in the Five Mile Trunk? Smith: Yes, sir, we did. Bird: Okay. We put it out so that's our money out. This development, this 80 acres, is getting the benefit of it right now. Am I not right? Smith: Yes. Bird: I just have a real problem with a payment plan but if it's been a policy in the past, we might have to live with it. But I think once the Final Plat comes in that the trunk line fee is either paid and I hope that before long that we have a different system so that we don't have to worry about latecomer fees. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'm curious as to what discussion was had between December from this letter up to Brad in May when this $27,000 payment was made. Was there some ongoing discussion as to what was going on or how this was going to get paid or how did that evolve? Kilchenmann: Mr. Mayor. Members of the Council. Councilman Nary. The first time Finance was aware of it, we had invoiced the latecomer fee as we typically do and it had gone through our accounts receivable system. Nary: Is that the $120,000 invoice that's attached for Phase One? Kilchenmann: Yes. Then when the charge was lowered, we sent a credit memo. Then we got the letter saying that it was going to be a five-year payment plan and it had been approved by Public Works and the Council. Since we did not Meridian City Councillv,,,,eting May 29, 2002 Page 15 of 52 have a record of that agreement, we asked Public Works and they said they had not made that agreement. That was basically the discussion and then we got a payment for the first payment and we went to Mr. Nichols and said we need some sort of formal or some sort of agreement between ourselves and the developer to do a payment plan that would be signed by both sides because we don't have collateral or anything. He said you've got to go to Council to have it approved. There was some discussion between my staff member and different people representing the development about what the credit memo was for and concerning that they weren't able to make the payment as we invoiced it. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Stacy, it says we have refunded $68,000. In other words, we credited. We didn't refund a check to him, did we? Kilchenmann: Mr. Mayor. Members of the Council. Councilman Bird. We literally refunded in cash. The other people that- Bird: Oh, the other people. Kilchenmann: Right. Bird: Not this developer. Kilchenmann: Correct. Bird: Excuse me. De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. De Weerd: So, was it why this was prolonged for so long, was it we did not have a clear policy. You know, I can understand what Mr. O'Neill is saying. If you don't budget it, it's not there. If they were not clear that they had to pay the whole amount up front and then it was delayed because the fees needed to be recalculated-did we not have a clear policy and now we have tightened that up and so now we do have a clear policy? Is that what I'm understanding? Smith: Mr. Mayor. Council Members. Councilwoman De Weerd. We've always had the policy. The policy that we've had in the past has been payment of the latecomer fees at the time the building permit is taken out. We did not have an actual and accurate number for the latecomer fee per lot for the Five Mile Trunk extension at the time the development came, the time Woodbridge came in. Woodbridge was aware that there would be a latecomer fee for the sewer. They / Meridian City Council 11; ,,,eting May 29, 2002 Page 16 of 52 were made aware of that at the time the plat was being processed. There wasn't an accurate number given to them at that time. I do not recall what kind of estimated number there was given to them but a number was given to them. De Weerd: So, Gary, did they pay then per lot? Smith: No. De Weerd: Then it wasn't for the total acreage or for the first building permit issued, they paid for the whole acreage. I'm just trying how to understand how it was done versus now how we are doing it. Smith: As I understand it, the invoice that was sent to the Woodbridge developers was for the entire first phase of the subdivision. Nary: Mr. Mayor? Corrie: Okay. Are you through, Gary? Smith: I don't know if that answered the question. Historically, we've- Nary: Well, I'm looking at it and it says it was sent approximately sometime after January 31st and was received on February first by O'Neill Enterprises for $120,656. I have a hard time-I understood what you said, Mr. O'Neill, but I have a hard time believing that on February first you didn't think that we had accepted that five-year proposal of that letter to Brad Watson. On February first, we sent you a bill for $120,000 and nothing got done. Or did it? Was there something more done? O'Neill: I can have a response to that (inaudible). If you want to just keep asking questions, then I want to respond to each of the comments because I think there are some responses to it. Corrie: All right. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: A follow-up to Gary. Gary, between the time that they started getting building permits and we sent them out a latecomer's bill or whatever you want to call it, had they been charged some of the fees that supposedly that we have been charging in the past on building permits for the latecomer or for the trunk line? And had they purchased any? Smith: Mr. Mayor. Council Members. Councilman Bird. They were not charged on the per lot basis for the latecomer fee. Stacy said that the first invoice was ( Meridian City Councillvl~eting May 29, 2002 Page 17 of 52 sent in September of 2001. Brad indicates that he understood or remembers that it was a condition of the approval of the plat that the latecomer fee would be paid for the total plat. Bird: That's what I'm thinking. I think that is 100 percent right and there was nothing mentioned on payments on that. It was to be paid at the plat. O'Neill: I think I can maybe try to respond because I think there's a lot of other information and I think it's important that the information is clear. I agree with Councilman Bird 100 percent. I don't like latecomer's fees. I'd rather have it figured up front. I'd rather deal with it. However, we're in an unfortunate situation where we worked hard to try to deal with and it took the City over two years to come up with a fee and a way to charge that fee and we agreed and understand that there would be a fee paid but we didn't know what that was and it took them an awful long time to come to a conclusion on what the total cost or how the fee would be and go through that process. So, I think, this is a little bit different circumstances than the usual situation. And B, I think that prior to the new policy, we had processed Phase One plat and the approval and that was before the policy of charging it all up front. So, I think that is a little different circumstance as well. If it was based on the building permits, I think, at the time, we would have been able and agreed to do that but it wasn't at the time. Bird: That's what I'm saying. We had the agreement that you would pay that at the plat time instead of the building permits. When you didn't pay it at the plat time and it wasn't taken out on the building permits, you should have realized that you had-and I realize it's three different prices- O'Neill: There are some different phases, too. There was Phase One of Woodbridge, which is 164 home sites. That was prior to any of this agreement ever talked about in terms of the specific fees. And then Phase Two, we did realize and the condition read that we would either pay the fee or we would come to an agreement with Council on a fee and a payment program. That's really why we're sitting here with you today. If it would have been just the condition that said we were to pay the fee and I agreed to that, I wouldn't be sitting in front of you. But it said we had the opportunity to put in front of you a program that we would think is fair and you guys could decide on that. So, it isn't as clear cut as just saying that we agreed to pay the fee at the time of the Phase Two final plat. That's not how it read. I do think it's a little different and I agree and understand your frustration but I think this is a little bit different circumstances. In terms of Mr. Nary's question, in September, we received a bill and it was based on a methodology- ***End of Side One*** O'Neill: --and the Public Works Department and the Finance Department didn't discuss that we were still working on a fee that we were comfortable with, that they were comfortable with, that they could stand behind and so a number came i Meridian City Councillv,,,,eting May 29, 2002 Page 18 of 52 out that was a number you guys hadn't even approved because you didn't approve the sewer latecomer's thing until January. So, we got a bill in September that was based on something that you guys hadn't even agreed could be billed. So, I think that is a different issue. So, therefore, we said if the City Council hasn't even approved it, we're not completely comfortable with the bill. Then, come January or February, we got another bill and that was at the time that the City Council had approved the fee amount and it said that the fees have been changed and adjusted and here's a credit based on those formulations. At that time, we did know clearly, Mr. Nary, that there was going to be some sort of payment but we also were relying on our condition for Phase Two that prior to the City Engineer signing the Final Plat, you guys would have in front of you this decision to make. And you could either decide that we pay Phase Two fees at once or we could work out a payment program and, therefore, I proposed a payment program. As it relates to Tammy's question, do we have a clear policy? Absolutely not. That's why it was such a frustrating process to go through. There wasn't a clear policy. It was building permits and it was - we're in the middle of something, we don't have it figured out, so we don't have a policy, so we'll work through the process. So, we were getting moved all over the board. The building permit issue was there but the City didn't that. The Finance Department didn't like it because it's very hard to measure and monitor and check if you're getting the fees in or not. That policy changed in mid-stream while we were going through the project. Gary did make us aware that there was a fee and we definitely understand that. So, I guess, I feel like we're thrown in the barrel a little bit. Fully understand as a developer going into a city, if there are improvements that are serving your property that have been put in by someone else, you should get reimbursement for that. In fact, we have had a request in front of the City to get reimbursements for oversized sewer line and water line we put in as Woodbridge for over eight months. We have not had any response to that request. The water is helping serve the Police Department and there are three lots in that subdivision that are being served by the sewer from the oversized line in Woodbridge. We haven't had any feedback so we're on the other side of it in that case and want to move that process forward. This is not a good thing. I understand it but I think there's a point where we can work together, should be able to work together. Just one other thing. I got an e-mail and partly that's why we would be moving down the direction of thinking that there was the ability to do this. This is an e-mail from Reta in the Finance Department to Brad. It said, I just talked to Mr. Conger about the Woodbridge latecomer payments and told him we were going to agree to the five-year payment terms. This is based on 1,706 an acre for 80 acres, 136 with a 4% interest. I wanted to let you know that we did in fact receive the first payment last Friday so it looks like everything should be a go. Bird: What's the date? O'Neill: The date on it was May 14th. And I didn't make that payment at all constituting the fact that that would mean the City's acceptance. I know full well that you guys are going to have to deal with this issue. That led us down the Meridian City Council tv,cetlng May 29, 2002 Page 19 of 52 track that's a little wrong and it just hasn't been a good situation. J think there's a situation here that works. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: This question is for you. Were you aware of this? Corrie: No. 1- Bird: This five- Corrie: I see the e-mail, yes. De Weerd: We've had this one for several months. Bird: Which one? De Weerd: Requesting a five-year plan. Bird: Well, yes, I know but have you seen the e-mail? Corrie: The e-mail from Rita to Brad- Bird: May 14th. Corrie: Just talked to Mr. Conger and told him we were going to agree to the five-year payment term. Is Brad here? Bird: Yes. Corrie: Brad, did you get this memo? Bird: E-mail. Corrie: Stacy? Watson: Mr. Mayor. Council Members. I have one similar to it. I don't think I have that exact one in front of me. But from what I understand, they weren't- well, obviously, Finance doesn't have the ability to enter into a financial agreement on behalf of the City but from Public Works prospective, from the very beginning, the payment schedule was not up to us. We figured out the fee and finally came to an agreement with O'Neill Enterprises once we did that. We had told them, subsequent to Derrick's letter to me, that any payment plan was up to the Finance Department and the City. This memo, this e-mail, was probably precipitated by me because I have Woodbridge Number Two Plat in my office for i Meridian City Councillv,,,,eting May 29,2002 Page 20 of 52 signature right now. One of the conditions that you approved was that they had to make final payment or payment of latecomer fees or come to an agreement on a payment plan prior to me signing that. So, that's why I was acquiring at the Finance Department whether those payments or arrangements had been made. Kilchenmann: Mr. Mayor and Council. Reta, shortly after she sent this e-mail, she was notified that she did not have the authority to agree to a payment plan and we did immediately notify the developer that it would have to go before Council. Corrie: I see that, yes, you did. O'Neill: I certainly am aware that it was going to come in front of you guys. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, I didn't recall on this second phase as that was the agreement, too, on the plat that we would finalize the latecomer's fees or the fees. Whatever you want to call it. So, what is your recommendation, Public Works? Nichols: Mr. Mayor? If I may interrupt? Corrie: Go ahead. Nichols: While we were considering their response, if I may ask some questions of Mr. O'Neill? Corrie: Okay. Nichols: Mr. O'Neill, in the first phase, did I hear you say there were 146 lots? O'Neill: I said 164. Nichols: 164 lots. How many of those lots have been sold? O'Neill: I don't know how many of them have been sold. I think probably somewhere in the neighborhood of sixty. Nichols: Okay. O'Neill: And that would be sold to a builder not to a consumer. Probably sixty permits but I'm not sure if that's what you're looking for. Nichols: In the second phase, how many lots were there. i Meridian City Councilllt,,,eting May 29, 2002 Page 21 of 52 O'Neill: I think there's 113 or 114. Brad would probably know better. I think 114. Those don't include common lots but those are tha-I think there's a total of 279 for the whole project. Nichols: Okay. Thank you. When you sold these first 60 lots, did you build in a price based on some sort of estimate of the per lot portion of the latecomer fee even though you didn't know exactly what it was. O'Neill: You know, we didn't. We built in the price as soon as we came to the conclusion on the total amount so we now have built them in there but at the time when we first sold them, we didn't built it in the price because we had no clue whether it would be 100 or 500 or 2,000. Nichols: Did you build in that price in December when you sent the first letter or was it-when did you build the price in? O'Neill: I think it was December. It was right around that time, December, January, probably. Nichols: So, the 60 lots that have been sold, how many have been sold since December? O'Neill: That, I don't know. Twenty. Nichols: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Stacy, on this latecomer's fee, three years at 4%, do we recoup our costs back? I mean, we're based of 1996 dollars. Nichols: I think the dollars were adjusted in the fee calculation. Bird: I don't think when it comes from 26 down to 17, I don't think it's adjusted. I have a hard problem. I can't figure out why we all of a sudden lose $900 an acre. I don't know. We need to decide something instead of sit here and argue. Corrie: Mr. Nary. Nary: Did we get an answer to that? I mean, at 4%, are we getting any-I mean, are we spending more money to collect it? Is that a fair interest rate? I mean, it's- Kilchenmann: Mr. Mayor. Members of the Council. I'm going to let Brad answer that because he knows what the actual costs were. Meridian City Councillv,ceting May 29,2002 Page 22 of 52 Watson: Mayor. Council Members. The latecomer's agreement that you approved in recent months was based on actual dollars in 1996, 1997 once the project was closed out. The $1,706 per acre fee that is calculated in that latecomer agreement is the initial. Those fees increase by 4% each year for ten years in the agreement that was approved. Back to your original question, I don't know that we necessarily recover all our costs if we're only-we're starting five years later with $97. Corrie: So, no. Watson: I'm not an economist but I would guess, no. Corrie: Thank you. De Weerd: I don't even think he has to be an economist for that one. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. O'Neill, I know you told Mr. Nichols that you had not collected on your first lots but I'm sure the cost of your lots included some latecomer's fee. It might not have been the right amount but I'm sure that the businessmen that you and your dad are, you have that figured in. That's not the question right now. We need to determine how we can get this settled. I think-I, for one, don't like payment plans but on the same token, I don't like being unfair to the developer either. If he was under the agreement that there would be a latecomer payment plan, I think we have to take a look at that. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think that, I guess, the concern to me is it appears to me, Mr. O'Neill, that for Phase One, clearly we hadn't come to any real consensus at the time that plat was approved. So, I do think probably getting a bill in February for $120,000 is a little shocking because you really hadn't had an opportunity to really factor that into the sale. But I think you did for Number Two. I think for Phase Two, we're a lot closer to where we're at and you haven't even sold those lots. O'Neill: Correct. Nary: I think, at least, from the wording that you've said was approved, all it said was that we'd discuss is. I mean, you had to factor in the possibility we'd just say no and you're going to have to pay it. So, I guess, to me what's proposed by Finance, a three-year payment plan for Phase One and that Phase Two be Meridian City Council fVu;:eting May 29, 2002 Page 23 of 52 consistent with the rest of the plats that we do now. That they all be paid up front. At least, it's consistent on our part and really doesn't-it may not be what you like but it doesn't put you really behind the eight ball. You knew that going in with those conditions that that may not necessarily-you may not get a payment plan. Now we could be-your proposal, basically, is that you essentially pay about 25%, 30% in this year for-you're asking us to pay 30% this year and then pick up the other in the next two years. So, basically, you paid this year and you're done and then you won't have to pay another one until next year. This $58,000 and then $56,000 the year after. That's for both lots, right? O'Neill: Yes. I don't suppose I would have a problem if it's to pay the fee up front if the $27,000 that we've paid currently could be applied towards the Phase Two fee and then you give us three years to pay the remainder for the Phase One. I don't have it planned. I didn't get it budgeted. A check that's coming out of cash is not coming out of the project's cash flow and you could say tough luck but I mean, that's reality. I'm going to have a hard time doing it so I would agree to say take that $27,000 we've paid and apply it to the remainder of fees, too, and I'll write the additional check for Phase Two but then allow us the three year plan on the Phase One. Bird: On the $86,000. O'Neill: Yes. Exactly. Nary: One of those years will be this year, not 2003. It would be this year, 2003 to 2004. O'Neill: Yes, if you give us until the end of this year, I guess, that would make it a lot easier for me. Bird: That would be about $30,000 a year. O'Neill: If you could make that to the end of this year. Give us until the end of this year to do that, I could do that. Nary: You seem to have left that a little bit open in your memo. Is that going to work? Kilchenmann: Mr. Mayor. Members of the Council. I did leave it open and up to your discretion but I completely agree with what you said. We did delay and we have to take some responsibility for not getting them the cost for Phase One but Phase Two should have been pretty clear what was going on so that we get payment for Phase Two now and then do a three year payment plan for Phase One. Nichols: Mr. Mayor? Meridian City Councill'vteeting May 29, 2002 Page 24 of 52 Corrie: Mr. Nichols. Nichols: Mr. Mayor, I would-if you agree to enter into a payment plan on Phase One, I think there needs to also be some-we could work on some language to tie in the payments to the number of lots sold because it wouldn't do us any good or Mr. O'Neill any good to have all the lots in Phase One sold in a strung out payment agreement past the time that those lots are sold. O'Neill: I don't have a problem with agreeing. By the time the last one is sold, if we don't have full and paid, we'll pay it for sure. That's fine. Nichols: We could figure in something that would tie it in so that-absolutely- and it's not a reflection on Mr. O'Neill. With some developers, jf we had to do this sort of thing, those building permits, availability is the one hammer that we have. I'm not saying that you're that type of developer but if all the lots are sold and there's money owed, some developers could disappear. O'Neill: I don't have a problem with that at all, if you want to add that as a condition. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So, essentially, Mr. Nichols, what you're suggesting is that we tie this three year payment, not just to a fixed time period but also some relationship to the number of lots that are sold. The number of building permits that are taken. Bird: Or when the first phase is filled. The last lot. Then it has to be paid and if that's a year, if it's two years. But it can't exceed three years. (inaudible) O'Neill: If we do that in six months, I'd be happy to write you a check for that because that means (inaudible) Nary: My only concern is that I don't want to string this out to 2005. I want to make sure that one third of this payment is paid this year. Bird: He's agreed to that. Nary: As long as we do that in that time period and only accelerate it at the other end, I think that's pretty reasonable. Bird: And the $27,000, as I understand, that he's paid already, will be credited towards Phase Two, which he will bring a check in to pay Phase Two and then Meridian City Council tv.",eting May 29, 2002 Page 25 of 52 we'll set up a payment plan on the $86,000 at 4% interest with the stipulation that if before three years all the lots are sold, that it will be paid. Is that right? O'Neill: That's fine. Absolutely. Bird: Is that fair? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, what I had in mind would be to-I'll just throw this out as a possibility-if there were 40 lots that had been sold in the first phase before December, that left a hundred and-let's just use 120 lots-left to sell in Phase One as of December when the first numbers were starting to be used, we could tie this in to the end of this year, December 31st, 2002 or upon the x number- well, let's see. If he'd sold-basically, a certain number of lots sold, which ever occurs first and then on December 31st, 2004 or upon the, you know the hundredth lot which it, you know-basically, would take the number of lots left to sell at the end of last year and divide that by three in the first phase. So, if you had 120 lots, you divide by three. So, you sell down to where you've got 80 lots left, that's when the first payment is due or December 31st of this year. Which ever occurs first. Then the next year, if you're down, let's say in July, you've sold down to where you have only 40 lots left, then the payment would be due then. Then the final year when either the last lot is sold or the end of the year, which ever occurs first. O'Neill: I wanted to look at something like that. I would-we'll break the back on this thing in probably the end of 2003. Prior to that, all of our money is going to the bank so to tie it too close, I'd rather have a little bit more flexibility and I'd rather make you put a more stringent cap on me that says by a certain date you will have it done or a certain number of permits. In the next six to eight months, every lot that comes in, we're still writing a check to the bank so we have no cash flow to fund something like that. So, I'd rather have a little more flexibility that you know for sure you're going to get 100% payment of the Phase One fee by the day we have the last permit issued or the last lot closed. If we can goose it up somehow in 2003, I'm willing to do that but I would prefer 2002 not to end up in a situation where it- Nary: I guess, for my purpose, it doesn't matter to me if we tie it to the individual lots or that we just make a December 31st, 2002, December 31st, 2003 and once the last lot is sold or December 31 st, 2004- O'Neill: That's great. That's perfect. Bird: That's fine. Meridian City Councilllltl;;leting May 29, 2002 Page 26 of 52 De Weerd: That's good. Bird: I'm afraid we'd have a hard time-I was just going to ask who's going to track the lot sales? Nary: I can certainly make a motion. Mr. Mayor? Corrie: Mr. Nary. Nary: I would move that we credit the $27,296 that's been paid by O'Neill Enterprises for Woodbridge Subdivision that they be credited towards Phase Two. O'Neill Enterprises will pay the remainder upon signature of the Final Plat. That the City enter into a payment agreement for the latecomer's fees for Phase One to be paid in three installments. The first installment for one third of the amount due, at a 4% interest rate of the one third of the amount due, on December 31st of 2002. The second payment due on December 31 st of 2003 and the third payment due December 31 st of 2004 or sooner if the last lot or building permit is sold for that subdivision that all the payments will due at that juncture if it's prior to December 31 st, 2004. Bird: Second. Corrie: Okay. Motions been made and second. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. Corrie: All ayes. Motion is carried. So be it. Thank you. O'Neill: Thank you, members of the Council. Sorry to put you through that. Corrie: Stacy, your number two Finance Report. 1. Finance Report: Kilchenmann: Mr. Mayor. Members of the Council. Moving back to the financial statement, this won't take too long. It's pretty much good news, good news. On the investment side, interest rates are, at last, leveling off and not dropping. Hopefully, that means they'll eventually begin to angle up. The general fund continues to earn more interest than budgeted in spite of interest rates because we were just keeping the minimum amount of money in operating and pushing the rest to the Idaho pool or to our investment advisor. Enterprise is doing a little less than budgeted simply because their fund balance is so dependant upon the interest rates. They have so much of that invested. On my financial statements, the first ones are the Wastewater and the Water on the Enterprise side. When you look at those, I just want to continue to remind you that we've made some changes. The interest income in 2001, we had all of it in Meridian City Council rint:leting May 29, 2002 Page 27 of 52 maintenance and operations and now we've started to split it. We have 75% of the interest income reflecting in construction and 25% we reflect in the operating side. Also, to remind you, that we're now splitting MUSS and Public Works. Those administrative or over-head type costs, 50-50 between Water and Wastewater Treatment Plant operations. When you look at your statements, again, we've split it into two parts where one, the top part reflects operations and maintenance and the bottom, we reflect the construction side. That's where we show the latecomer's revenue and the assessment revenue. Both Wastewater and Water, their operations are much less, (inaudible) much less than budgeted. Their personnel costs are less than budgeted. On the general fund side, each department, their personnel costs are less than budgeted. Hopefully, if this trend continues, we're not going to need to do any amendments on the general fund side. The Police, if you just look at over-time by itself, it's slightly more than budgeted but if you look at their over-all personnel cost, because of their vacancies, they're still less than budgeted. The same for Fire. Their over-time is 75% more than we budgeted but over-all-partly because of-we've budgeted for positions all year but they weren't full all year and also our volunteer. The actual cost of volunteers is so much less than we budgeted. That kind of balances out the cost of the over-time. That's all I have on the financial statements themselves. Are there any questions? De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. De Weerd: Stacy, I noticed in our revenue that we're down in both property tax and the revenue sharing about $500,000. Is this going to have a significant impact on our budget this year? Kilchenmann: Mr. Mayor. Members of the Council. Council person De Weerd. The property tax will come in as budgeted. It's just in the way it's collected. De Weerd: And probably the same with the State revenue sharing? Kilchenmann: The revenue sharing, there was an error-actually, the Treasurer misread the report that we get from the-we get a report from the Association of Idaho Cities. She added the County share to our share so that is about $200 over-stated. Actually, the revenue sharing is exactly as they had predicted. We think that that difference will be offset by our increase in interest income. We also have the Building Department whose revenues are so much higher than budgeted that we should be able to make up the excess. We also have some funds that will come in from a police grant that weren't budgeted. The revenue sharing, actually, has not fallen as everyone was predicting because consumers have kept spending in spite of it all. We should be okay there. Meridian City Council f\t,<:eting May 29, 2002 Page 28 of 52 De Weerd: Okay. The only other question I had was on the amendment page. Do we need to have any discussion at this point on any of those items? Are they pending any action required by us? Kilchenmann: Well, I don't think-the only items I think I will actually have to do-I will have to do the spending authority for the grant revenue that we didn't do. We'll need to do the switch between Enterprise and the general fund for the part of that 56-acre park that the Watertower is on that you agreed to do to pay for the Bear Creek amendment. On the road for the police station, we actually- that's not going to affect the bottom line. It's just that that amount didn't get carried forward into this year but it was actually paid in this year. So, those are items that will need to be done but they're just housekeeping items. They're not affecting the bottom line. Items that would change the bottom line, the increasing the fire fighters income early and mistakes in budgeting the step program. I don't think we're going to need to do those items. I think we'll be fine in our over-all personnel cost. De Weerd: Okay. Under items under consideration. Are we going to have discussion on that or is this just going to-I mean, at this point, can these things wait until next budget year? Kilchenmann: Yes. De Weerd: Okay. Thank you. So, that we will expect seeing them? Kilchenmann: Yes. Corrie: I think so. Okay. Any other comments? Kilchenmann: Excuse me, there is one item that we will need to do and that's the installation of the Lennox server. Down at the bottom under items under consideration. We probably will need to do an amendment for that because that was in capital outlay. De Weerd: So, do you want to move that then up? Kilchenmann: Yes. I'll move that up. In fact, I'll take some of these items off. De Weerd: Do we need to address the increased building costs for the new PD or will that somehow be absorbed? Kilchenmann: I think that will be absorbed. De Weerd: Do we even know how much it's going to be? Kilchenmann: I don't think we know exactly how much it's going to be and in the new budget, we did have some money in there for the increased building Meridian City Council r.tJeeting May 29, 2002 Page 29 of 52 operational costs that we hope will cover it and we've addressed it more carefully in the 2003 budget. So, I think, by the time they've been in for like a month, which will be in July, we could take a better look at that. De Weerd: Well, we may want to move that one up, too, just to make sure that we have it covered. (inaudible amongst Council) De Weerd: Stacy, the codification expense. We've already expended that. Is that not correct? Kilchenmann: That's correct but, so far, we're under budget in other operating areas. So, that probably will not need to be an amendment item. We have expended that much money. De Weerd: So, maybe something we need to better classify a couple of those that these were not budgeted but will probably be absorbed under- Kilchenmann: That would be a good idea. I can do that. De Weerd: Okay. I have nothing further. Corrie: Okay. Thank you. 2. Purchasing Policy: Kilchenmann: The final item I had is the draft of the purchasing policy. One thing I need to say is, I would want to have this reviewed by Public Works one final time before it's completed. Some of the items that I just highlighted that are different. On the third page, where it talks about-it starts out Point A and it says purchase is up to $1,000 and it has to be purchases from $1,000 to $5,000. That's the area you had discussed and agreed on previously but we did not have that in writing. I wanted to note that it does state in here, does put in writing, that you would sign the purchase order before the item was actually purchased. De Weerd: Good. That was my-and that's under 3 C, right? Kilchenmann: Yes. Currently, we don't require purchase orders for items for $1,000 and under. I understand that was the procedure policy that the City has already adopted. Starting at B, when the purchases are $1,000 to $5,000, they would require the Department Director to sign the purchase order and the same with a Council member. Once they reached $25,000, then, of course, by State statue, they need to go through the bid process. De Weerd: Mr. Mayor? ( Meridian City Council lVltleting May 29, 2002 Page 30 of 52 Corrie: Mrs. De Weerd. De Weerd: Excuse me, Stacy, but on Item A, purchases up to $1,000. We don't sign those any longer but I still think it should still be a policy for any purchase by the City that a purchase order should be generated. There should be a purchase order number for every expenditure. Is that not how we do it? Kilchenmann: No. Apparently, it was agreed on-this is before I was here but- there's a stamp. They stamp the invoice with kind of a mini purchase order stamp that has a place for the approval and so forth. De Weerd: Yes. It doesn't matter to me if there's an actual purchase-or a big full sheet of paper but they should be assigned a purchase number so you do know it goes through a procedure and it's accounted for. That's why you get purchase order numbers. Kilchenmann: I believe they're all assigned purchase order numbers because each department has a separate purchase order log that they maintain. That way, whenever they make their purchase, no matter what the amount is, they can log it in so they can accumulate a total. So, they have something more current than the month end financial statement. Corrie: They have a number to come back and attach to that, right? Kilchenmann: Right. When they actually get the invoice. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I still have a problem of us generating our purchase orders after the fact. I really have a-and this $1,OOD-1 mean, I can buy a lot of nice stuff at $990 for this piece, $990 for that piece and $990 for this piece with no purchase orders. How do you track stuff? How do you track stuff if you don't originate a purchase order ahead of time? If you know you're going to purchase it, you can certainly write out a purchase order and 99% of the stuff that would be this large, you know what the price is before you purchase it. I can't figure out why we can't generate a purchase order before (inaudible) should be handed to whoever we're buying it from. A white copy of a purchase order should be handed to them and that purchase order number should show up on the invoice as it comes to us for billing. Nary: Mr. Mayor? Corrie: Mr. Nary. l Meridian City Council N1l:leting May 29, 2002 Page 31 of 52 Nary: I think some of the problem, though, is and I don't know if $1,000 is a good number or not but some of the problem is you do have very small purchases that-the best example I can use and I think the City of Meridian does this because I think a lot of businesses do the same thing-they need to get products at Costco. They don't generate a purchase order. They go buy it. They have to have some way to account for it so we know where in the budget this money is coming from but I don't know that you're going to have a purchase order prior to that. You're not going to get a bill from Costco. You're going to go pay for it and then you're going to account for it in your budget. (inaudible) return point that we need to account for it but maybe not generating a purchase order is the proper method to get the stuff taken care of. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I agree. You go to Costco and you buy some items on-but there's some large items there. But, on that receipt, they can put the purchase order. We do the same thing in private business but we generate a purchase order that we take with us. All you have to do is give them a white copy and I don't care what they do with it and then you take the pink copy, we do, and it gets stapled to the receipt. That's how it goes to get paid. Corrie: I understand that, but what if you got a $3.00 bill? Bird: Well, I think $3.00 would be ridiculous but how many $3.00 items do we purchase? How many $3.00 bills do you get in a month? Kilchenmann: Mr. Mayor. Members of the Council. We do have a large number of very small transactions. For example, the Fire Department might need light bulbs. De Weerd: Light bulbs? How many firefighters does it take- Bird: How much-how much they use for(inaudible). How much? Kilchenmann: Or the Parks Department may need a small miscellaneous part. So, we do, do several small purchases and I believe that was just as Councilman Nary stated. That was the reasoning behind this. It became more expensive to do the purchase order and generate the purchase order and the time taken than the actual amount of the purchase. At purchase order, I think some estimates are up to the time and the cost and staff time in generating a purchase order can be as much as $100 per purchase order. Bird: I think anything under $50, why are we writing a check? Why are we-why is that a cash-everybody's got a little cash drawer. Why aren't we paying that in cash and turning it in? I. Meridian City Councilllr,,,eting May 29, 2002 Page 32 of 52 Corrie: Everybody doesn't have a cash drawer. They may have a-each department has a credit card but they don't have a cash drawer. Kilchenmann: The majority of those-many of those smaller purchases are just on an open account. For example- Bird: Well, I understand that, yes. Kilchenmann: -True Value Hardware. We try to sort of discourage a lot of cash drawers because then we have-that's kind of a control issue and a reconciliation issue. What I could do is, I could actually do some quarries on a month of purchases and actually look at how many, the size of the purchases and how they break out and so forth and how many we do, how many are on an open account and so forth. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: One of the things I was going to suggest and I heard you say you wanted to have Public Works Department look this a second time or another time. Have the other departments already provided you with some input? Kilchenmann: They have all had this since February and I have not received any input other than from Public Works. Nary: My only concern is there might be some practice that maybe isn't consistent with what policy we want to pass because we're really leaving it with all the departments individually to make these decisions as to application of the State purchasing requirements without really having a purchasing agent as some sort of central force. If they don't want to comment, I guess they can live with it. Kilchenmann: I don't think they had a problem with it. I think they felt like they like the $5,000 limit and the little bit more flexibility it gave them. Nary: I guess my thought on adding to what Councilman Bird said is, I think there is a point that it doesn't make sense. That we need to account for but it may not require this purchase order type of processing. So, we have to account for it somewhere in the budget. I think your suggestion is probably the best way to get at that. If we need to figure out, you know, do we have a majority of transactions under $100 and really not a lot, you know, everything else is fairly large, maybe $100 is a better cut-off for that. Purchase orders are maybe more appropriate at $500 level or $300 or whatever. Something like that. But, that might be helpful. Kilchenmann: I agree. I'm not sure how they arrived at the $1,000 level. Meridian City Councill.,,,,eting May 29, 2002 Page 33 of 52 Nary: You can buy a lot of nice stuff at Costco for $1,000. De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. De Weerd: The purchase orders are not to make $100 staff time (inaudible). It's an accounting practice. It's just a way to track things and if you have a $3.00 charge at True Value, you have a standard p.o. number attached to that, they send you an itemized accounting of what comes under that p.o number. That doesn't mean you have to generate a new one every single time. There's great templates out there in both the private and other Federal or governmental agencies that do these kinds of things and they're not a lot of time. It's just that it's an accounting practice that this person has the authority and you have a p.o. number that shows you have the authority to buy it, whether it's $1.50 or $1,500. The practice is standard and it's all the same. It's just an accounting process. Kilchenmann: I think the cost is in the complete tracking of-somebody on the other end has to track and match that approval authority with the invoice and purchase number and so forth. It has become standard practice actually to use purchasing card-procurement cards because they do save a lot of the generations of paper and so forth. I didn't that was probably an area we were ready to venture in to. Most of those purchases at Costco, those are done on accounts. We get an account listing at the end of the month and we balance it with the receipts turned in by each department. De Weerd: So, some of it's already being done. Kilchenmann: Yes. Okay. Moving on from that, then there's just some verbiage and guidelines for doing informal bidding and the requirement that we get three Idaho vendors and just some ways to award bids and some explanations of formal bidding. Actually, the next area that I thought might be somewhat controversial is-and I didn't page number these-but it's-let me count-it'll be on the sixth page and it starts with bid opening and evaluation. If you go down to the bottom, it says number five, Council action for bid decisions that exceed $25,000. The change for us are in the way our practice-well, actually, our practice varies from department to department so this would standardize it. What it would do for those items that are $25,000 or under, the staff would make recommendation whether to approve the item or not. The first one is for those that exceed $25,000. Instead of it being a separate item like on the department report, they could place those on the Consent Agenda. If the item is something that is outside of our normal policy or controversial, it could be taken off the Consent Agenda and put on the regular Council agenda or if the staff member- Gary added this-if the staff member doesn't want to place it on the Consent Agenda then they could present it as a regular agenda item. I have to admit that I stole all of this from Boise. Boise's purchasing policy. What it would mean Meridian City Councilll/ll:reting May 29, 2002 Page 34 of 52 would be that items that are under $25,000 would not be approved by Council but they would be approved by the Mayor. I thought that might generate some discussion. Our practice now is that all contracts are signed by the- ***End of Side Two**"* Kilchenmann: --that come from State code and sole source acquisitions and the requirements that you document and prove that it truly is a sole source and then professional and consulting services and then we don't have to enter into a formal bidding for those. Again, that's State code. There are some items in here that are just unique to Public Works. Those are the items I want them to go through again. Idaho Code 67-2320. They're just unique to them. The back of the policy is, basically, just procedure on how accounting processes the invoices. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'm a little concerned on the sole source purchasing. It seems sometimes to be a-sometimes can be a fairly contentious item. I guess, what I'm concerned is, because we don't have sort of a gatekeeper to this policy, necessarily. But, each department director gets to make that call. I'm a little concerned in not making sure we don't end up violating the law when a department director decides do I really want to buy the white cars rather than the blue cars and that sometimes ends up being a problem. So, I guess, I'm not sure how to address a new policy. I guess I'm kind of concerned about having that distinction made because there is a particular legal issue that may become of that. Kilchenmann: That is a good point in that. I know, previously, where I was before, one of the purchasing agents biggest job was the gatekeeper of the sole source. We could address that by having-we could actually have-if it's-we could just have the Council approve those. Then the documentation would have to be in a packet and either the Mayor, at a certain level or the Council a certain dollar level could approve those items because those are tricky. Nary: At least, that would cover us. The other thing on the Council approval, I guess, on the issue about the contracts over $25,000 so that the contracts under $25,000 don't need Council approval but there's still going to be-those aren't the types of purchase orders that we're signing. Those are different. Those are an agreement that we're having. Kilchenmann: Correct. Entering into a contract. Nary: So, we wouldn't see those at all under the policy. Kilchenmann: Correct. Meridian City Councillv,o;:jeting May 29, 2002 Page 35 of 52 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Under leases, Stacy, I've got a problem. I think it says in the State statute that all legal agreements and stuff will be filed in the Clerk's Office. I see you've got it saying that the original of every lease agreement must be retained in a central file in the Financial Office. Kilchenmann: That's correct in that area. Gary clarified that and pointed it out to me and I just haven't put-he wrote that part out and I just haven't put it in there. Bird: I realize we're pretty lax in that but that is the- Kilchenmann: He also did some things with the insurance, too, that I need to change. I also need to change it-because I have-it just sounds like you have to go through competitive bidding and he pointed out that might not always be possible so I need to change that area. Bird: When can we get a revised copy, Stacy? Kilchenmann: I could probably do it next week. Bird: Okay. With all the changes and everything? You said that Public Works were the only ones that reported back on this? Kilchenmann: Yes. The Police Department, he read it. I think he thought it was okay. Fire thinks it's okay. De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. De Weerd: I guess, Stacy, as long as this doesn't conflict some of the changes with other parts of our City code in the lease or contracts or agreements, I don't have any problem with what's being proposed outside of what's been talked about. Kilchenmann: We probably should have Will check it and see if there are certain ordinances that it would be in conflict with. De Weerd: Are you familiar with any, Will, at this point? Berg: Mr. Mayor. Members of the Council. I do know a couple of ordinances that might be but I'll look those up and direct them and give them to Stacy. Another comment, I did send this draft and I did tell ICRMP, which I sent it to, Meridian City Councillv,,,,eting May 29, 2002 Page 36 of 52 that this was a very rough draft and to come back with some feedback but I haven't been able to make contact with the gentleman that I sent it to but he's been on a circuit of training policies. I will get back to him and see if there are any real concerns that they had. They do several seminars on purchasing, especially the bid laws that I'm sure a lot of people violate and not know it. But this pretty much, I think, follows the State bids anyways. De Weerd: If you can get those comments to Stacy on any of our ordinances or codes that it affects so we know how they all intertwine together. Do we want to look at this again on the 4th, a month from now with all feedback. Prior, you know, not waiting until the Friday before. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I only had one other comment and I did note in the front that it says every City employee has a personal responsibility to conduct government business in an ethical manner and ensure the integrity of the City purchasing, procurement process. On the signature-I'm not trying to open the purchase order discussion anymore but the issue regarding that, I mean, each of the purchase order levels require-at least the first two-require the department director's signature. The third level requires the department director and the Council liaison and last one requires the Council's action to approve it. It probably would be beneficial that maybe this would generate comment from the different department heads because it's very clear in here. They are responsible to comply with this ordinance policy and that the burden is upon them. I guess I would punch it up a little bit so that it's clear to them because we don't have one agent to oversee all of that, they're the agent. So, they have to be sure that they recognize that they have that ultimate responsibility for their departments. Kilchenmann: That's a very good idea. Nary: Maybe then they'll have a comment. Kilchenmann: I don't think so. I've sent it out like three times. Corrie: From what they've been telling me, I think they're aware of it. Okay. So, this is going to be back for Council re-review on the date-- De Weerd: June Corrie: What's the date? Bird: The 25th, Mayor. Corrie: The 25th or 24th? Meridian City Council rv'vding May 29, 2002 Page 37 of 52 Nary: The 24th. Bird: The 24th. That's right. We're going to run Monday because we have to be in Pocatello. Corrie: Would you also make sure that we get that in the paper that we're going to meet on the 24th rather than the 25th? Berg: Mr. Mayor? Just to make a comment. I will have to at least notice our agenda for that special meeting because that's what it is, is a special meeting. So, when it gets closer to what we know for the agenda, at least, 72 hours in advance, I'll make sure we get that. Corrie: Okay. Public Works Department. B. Public Works Department: 1. Award of 2002 Fire Hydrant Project: 2. Award of Waste Water Treatment Plant Lighting Project: 3. White Drain Sewer Trunk - Crossing and Easement Agreement with Settlers Irrigation District: Smith: Thank you, Mr. Mayor. Council members. The first item I have is the project for replacement and installation of some new fire hydrants. We've got five fire hydrants to replace and five new fire hydrants to install. The project was bid and the low bidder is Star Construction for $31,958. We have approximately $50,000 remaining in the budget line item for this type of expenditure. The other two bidders are Bitterroot Construction at $34,890 and Irminger Construction at $41,500. So, based on the results of the bid, we would recommend that the Council award the contract for the 2002 Fire Hydrant Project to Star Construction for $31, 958. Authorize the Mayor to sign and City Clerk to attest. De Weerd: Thank you, Gary. Any discussion, Council? Bird: Madam President? De Weerd: Yes, Mr. Bird. Bird: I've got one question, Gary. That's five new hydrants? What do they do? I mean, that's-I mean, what does that include? That's the hydrant, hooking it up, they furnish the hydrant and everything, for that price? Smith: Yes, sir. On the new fire hydrants, they will tap the line. They have a hot tab from the line which is a tapping sleeve that's installed around the line and it's Meridian City CouncillVlt:!eting May 29, 2002 Page 38 of 52 tapped into the existing water line then there's a length of pipe that's extended, excuse me, a valve is installed on that tapping T. The length of pipe is extended then, from that point out to the location of the fire hydrant. Then the fire hydrant is installed and thrust blocks are poured and so it's all the materials and the installation. Bird: Thank you. De Weerd: Any other questions? I would entertain a motion. McCandless: Madam President. De Weerd: Mrs. McCandless. McCandless: I move that we award the contract for the 2002 Fire Hydrant Project to Star Construction in the amount of $31, 958 and authorize the Mayor to sign and the Clerk to attest. Nary: Second. De Weerd: It's been moved and second to approve the award for contract to Star Construction. Any discussion? Hearing none. All those in favor say-oh, do we need a roll call vote? Berg: Madam President. I'll do a roll call vote. Thank you. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. MOTION CARRIED Smith: Thank you, Mayor and Council. The second item I have is the award of Wastewater Treatment Plant lighting project. This project was installation of eight new light poles and the associated electrical work at the Wastewater Treatment Plant. Three bids were received. Custom Electric, Turnkey Construction and Guho Construction. Custom Electric was the low bidder at $22,500, Turnkey at $24,500 and Guho Construction at $29,500. Custom Electric has done other projects at the plant and they've done very good work. I've been very please with the quality of their work and the timeliness of their work. We would recommend, with the amount being available in the budget, that we recommend the Council award the contract to Custom Electric in the amount of $22,500 to authorize the Mayor to sign and the City Clerk to attest. Corrie: Okay. Any questions or discussion? Bird: I have none. Corrie: Okay. I'll entertain a motion on the request. / Meridian City Council Ivl",ding May 29, 2002 Page 39 of 52 McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we award the contract for the Wastewater Treatment Plant lighting project to Custom Electric for the amount of $22,500 and authorize the Mayor to sign and Clerk to attest. De Weerd: Second. Corrie: Okay. Motion been made and second. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. MOTION CARRIED Smith: Thank you, Mayor. Thank you, Council. The last item I have is the White Drain Sewer Trunk Project. It's a Settler's Irrigation District license agreement. We'll be paralleling some of their facilities and crossing with the White Drain Sewer Trunk and so the license agreement was necessary from them. Our agreement to the license agreement from the City of Meridian for them. Also, there's an amendment letter that was submitted to us by their manager, Nathan Draper, that changes the completion time for the work to be done by September 1st. Originally, the agreement had June 1st in it and this is an amendment to that completion date. We would recommend the Council approve this license agreement with Settler's Irrigation District with the amendment, authorize the Mayor to sign and the City Clerk to attest. Corrie: Okay. Any discussion? Okay. I'll entertain a motion on the request. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the license agreement with Settler's Irrigation District, including the amendment that he talked about-just a minute here-that all work is to be completed by September 1, 2002 and for the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Okay. Motion been made and second. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. Meridian City Councill'vleeting May 29, 2002 Page 40 of 52 MOTION CARRIED Smith: Thank you, Mr. Mayor and Council. 9. Ordinance No. ; Allowing for Criminal Backaround Checks on applicants of permits I licenses with the City Clerk's Office: Corrie: Item number nine is an ordinance that has been requested to be tabled until June 11,2002, but I just want to make it official, Mr. Nary. Nary: Mr. Mayor, I move that we table Item Nine, the criminal background check ordinance, to our June 11, 2002 meeting to give the Police Department and City Clerk's office an opportunity to review and comment on the ordinance. McCandless: Second. Corrie: Motion has been made and second. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. MOTION CARRIED 10. Public Hearing: Water and Sewer User Charge Modifications: Corrie: Item number ten is a public hearing. This is water and sewer user charge modifications. At this time, I will open the public hearing and invite staff's comments first. Watson: Thank you, Mr. Mayor, Council members. I probably should have started the overhead up a little bit earlier in the meeting. I'll just give you a brief over-view of this proposal. I believe you heard me give this same presentation Apri/9th at your strategic planning workshop. Just a quick over-view. Water and sewer rates have not been updated since October 1996. We started last fall to look at updating these. The study consisted of four major components. One included a statistical analysis of actual billing quantities. We correlated those quantities with actual revenue provided by the Finance Department. We had a little more categorization of administration 0 & m, and 0 & m. Finally, the rates that we recommended, taking into account a 5% growth rate for the next 12 months as compared to the data we used for fiscal year 2001. These water and sewer rates are based on a cost of service analysis. In other words, we take the proposed budget and calculate based on the volume of water and sewer that we provide or treat, the cost per 1,000 gallons. These user fees do not fund facility expansions or extensions that are needed for new development. The only time they're ever used for capital projects is if they improve the overall system quality for all residents, improve overall system reliability or to meet new regulatory requirements. As you recall, these fees are broken into two categories. One is Meridian City Council fltleeting May 29, 2002 Page 41 of 52 the base fee or administration charge. That is a flat fee that's charged to every single account regardless of usage. It covers administration costs. They're not mulled in the day-to-day 0 & m. It does cover the utility billing service and other indirect overhead costs. The commodity or use charge, which is the charge per 1,000 gallons, is used to fund actual day-to-day operation maintenance, repair, debt service if there is any. There's one major change in the structure of the billing rates that we're proposing. Currently, there's a flat fee for the first 4,000 gallons whether you use it or not This has led to a lot of confusion for commercial accounts because that's based on the number of eru's that are assessed when they're issued a building permit. We have trouble keeping track of change in tenants, change in use. What we're proposing is that the commodity charge be based on each and every thousand that you're billed so you pay for what you use rather than this 4,OOO-gallon minimum. If this overhead would work, I would show you the table. Mr. Mayor, if you've all got copies we can-I apologize. It's always worked before. Bird: It's like kids. When you want them to work, they don't do it. Watson: Unfortunately, it was nothing flashy either, but it had a lot of information. The table that I've handed out to you shows the existing and the calculated or proposed billing amounts per each use category up through a horrendous amount of water. It shows a column for water, sewer, and then the third set of columns on the far right is a combined, existing combined calculated that shows percent increases associated with each of those use categories. As we discussed in April, the proposed water rates would decrease. The commodity charge portion would decrease from $1.23 per thousand to $.98 per thousand. The base fee would be $3.48 per account and that would not include any use, whereas, the existing water base fee of $6.48 includes your first 4,000 gallons. Sort of imbedded in that existing base fee is an administrative charge that's much less than the $3.48. The current water administrative fee is $1.56. The proposed is $3.48. So, that's going up. That's more than doubling, as proposed. The line that's highlighted on that table is the median use category during the non-irrigation months. The typical water bill would go down very slightly. The sewer bill would jump 19%. Overall, for both water and sewer combined, would be about a 12% increase. The sewer billings, currently, there's a $1.33 administrative charge imbedded in the $11.73 base fee that includes your first 4,000 gallons. The proposed administrative fee is $4.07, which does not buy the first 4,000 gallons. Again, sewer is just like water. You will pay for what you use or what you're contributing to the sewer. The commodity charge, as I call it, per thousand on sewers, increasing just a shade under 7%. As we discussed in April also, just from looking at this for so long, I think part of the reason water would go down and sewer would go up is that we're selling a lot more water than we did in 1996. Our costs have not increased as fast as the increase in demand. Sewer, on the hand, the plant is way more complex than it was in 1996. We've added a lot of facilities. We've added a lot of staff. We've added a swing shift. They're open, they're operating 20 hours a day now. We've had to add a pre-treatment program. We've added quite a bit of staff to the bio-solids, de-watering and Meridian City Councill\lIt::eting May 29, 2002 Page 42 of 52 disposal program. Most of the water that we sell, the increase in the water that we're selling, we don't see that at the plant. It seems to be-there's definitely an increase but a lot of that increase is being used for irrigation. I guess that's all I have unless you have any questions. I think we've gone over most of this before. Corrie: Okay. Any questions? Since this is a public hearing, I invite the public to testify any testimony you might give. Does anyone in the public like to testify? Is the statement you're about to give the truth, the whole truth and nothing but the truth so help you God? Furhman: It is. Corrie: Okay. Name and address, please. Fuhrman: My name is James Furhman. I live at 1737 Summer Falls, Meridian, Idaho. I don't know how you're going to-just looking at that, I don't know how you're going to sell that fixed cost of $7.55 to the normal person. That looks like a pretty hard sell to me because about the time that shows up on my bill, it says it's going to cost me $3.48 for one of them and $4.07 for the other just for administrative fees, I'm going to think they've got way too many people sitting around doing nothing. I think you'd better get that allocated down into the gallons somehow instead of putting it there. Whether all these costs are right or not, I've just got a couple of situations beings I have several rentals. I see several of these bills every month. I think you guys ought to look at how you might save some of the money. The other cities send me a bill once every two months instead of once a month. They don't read the meters every dad gum month. They aren't a month-my bills on mine are almost two months behind from the day that they're read. I've called up and said, can't we do something about that and they said, oh, you're just unfortunate. Why do we send out the bills just once a month out of this place? I mean, they tell me there is thousands of bills go out on the same day. You have a computer but they don't seem to be able to program it so that it can send out a bill any day other than what it's programmed for. They just-the people that talked to me justify this by saying, you know, this is the way we did it. I said, yes, I know. I grew up here as a kid. We used to have less than two thousand people. They used to do them by hand. But, now they say, no, we can't send out staggered billings because the computer won't let us. I call up and I complain because you adjust the bills for sewer based on winter usage. If you have a problem with one of these places in the winter and then you get it corrected and you don't irrigate in the summer, you're still stuck with the same bill. I said, why can't you get your computer to realize that it's the average usage during the winter or the lesser of what's used in the summer. Well, we just don't know. You know, it's not that way. You can't get that done. And I'm going, well, when I used to have a job and worked around computers, we used to be able to do it because you told the computer that that's one of the two numbers you use. Anyway, I just believe that the City has-I don't whether this is the second or third computer they've been using as an excuse or a program, but they never change anything that seems to simplify the bills or decrease any Meridian City Council tvleeting May 29, 2002 Page 43 of 52 COSt. I would a lot rather see my bill on my units or my meter get read and my bill come out within seven days of that reading. Right now, they read them like today and that amount won't even get computed into it for a month and then it gets sent to me. If I have a problem with a rental, I can be out three months almost before I ever see it. I just believe that it could be a lot quicker. Like I said, on your fixed cost on this bill, I think when you start sending that out to people like me and say we've got $3.48 worth of fixed cost in water and $4.07 in sewer, which is $7.55, which means that even if a person doesn't use anything, that they're going to get at least that, it's going to be hard to justify it. That's probably why they had the 4,000 gallon minimum calculated into the other one because, at least, it's kind of hidden. Otherwise, you're going to say, Jim, it costs you $7.55 just for me to send you this bill on all thirteen of your units. That seems a little excessive to me. I guess, I'm done. Corrie: Thank you. Okay. Anyone else? Okay. Any comments from Council? De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. De Weerd: Brad, is there a better way we can reflect this? I'm sure you've probably looked at from a couple of different angles. Watson: Mayor. Council members. Councilwoman De Weerd. We thought very long and hard about changing this administrative fee because I knew-well, everyone was comfortable except for the billing department on how we had been doing it. I thought it was unfair to the people who were using low volumes. You know, a thousand to two thousand gallons a month. Like maybe the senior citizen, single mothers, and things like that really weren't using that much but they were still being billed for 4,000. I guess that's part of the issue. The other issue is this administrative fee going up so much since 1996. There's two reasons for that. One is the way administrative costs are categorized. Back in those days, when that analysis was done by JUB Engineers, very little was tossed into the administrative cost. We had wages for a superintendent and assistant superintendent, a public works director and legal fees and that was it. That was all that was considered administrative at that time. Now, based on what the Finance Department has provided to me in their definition of administrative costs versus operation and maintenance costs, that definition of administration has expanded to include the entire billing department because they are not an operation and maintenance unit of the water or wastewater system. Whether an account is using zero or 20,000 gallons, if the meter is in the hole, the meter reader is physically going out there reading that meter. Whether it's a zero read or a high read, they're going out there and that is a labor cost, that's equipment cost, it's a vehicle cost. They're coming back and downloading that into the computer. A bill is generated by the billing department, whether it's zero or 20,000 gallons a month. They are generating a bill. They Meridian City Council fltl~eting May 29, 2002 Page 44 of 52 are doing the work. That was sort of the line of reasoning that we used in coming up with this. Corrie: In other words, if you don't use any water, you're not going to get charged that $7.55. Use a gallon and you're going to have that in there. It's part of the administration fee. They still have to go out and read your meter. Right? Watson: Mr. Mayor. Actually, if you use zero, you still are charged that administrative cost of $7.55. Corrie: As long as you've got a meter and water. Watson: As long as there's an active account. Corrie: Because we still have to go out and read it. Watson: Correct. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, approximately how many meters do we have in the city? How many bills are we sending out a month? Watson: Mayor. Council members. Councilman Bird. I believe it's in the neighborhood of 14,000, a little over. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I mean, just a rough estimate. I mean, Mr. McQuade said we have about 17,000 parcels already so it's probably somewhere close to that number. Bird: Fourteen. Nary: 14,675 are residential and 1,947 commercial. So, it's probably somewhere in that range of 15,000. I mean, I guess, I hear what Mr. Furhman is saying, but you know, everything has a price and trying to run a city and trying to run the cost of the city, I don't like hidden charges. Iljke people to know. They may not like the fact that there's an administrative cost. They were paying it. They were already paying it. We were just hiding it in the fact that they were getting 4,000 gallons before they were actually paying more for it. They're still paying it. So, to me, it's much more up front to say, you know what, there is a cost to having water lines. There is a cost to having sewer lines. There's a cost to having a treatment plant. There's a cost to having people read those meters, Meridian City Councilllileeting May 29, 2002 Page 45 of 52 send the bills out. There is a cost to doing business and I think it is honest to say that's what the cost is. On top of that, there is a cost for the product. For the water and for the sewer service. So, I guess, I don't have a big problem with that. I understand what Mr. Furhman's testimony is, but I also recognize that this is not a small city anymore. This is a very rapidly growing city and there is going to be a cost to that. But, having good water and wastewater treatment facilities is a good cost. That's what we want. We want to pay for that. That's something that is a benefit to our community so if that's the cost of doing business, that's the cost of doing business. People are being told up front that's what it is. It's not hidden in anything else. It's not something where people think they're getting something for nothing when they really aren't anyway. I guess I don't have a big problem with these. I think they've gone through a lot of work to put this together. I think it's a fair evaluation. I don't have any reason to doubt these numbers. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I don't have any problems with the dollars either and I pay the water bills. But, I have a problem with what they consider administrative fees. Corrie: Yes. Bird: I have a real problem with what administrative fees are. I can't believe that your meter reader is considered an administrative person. Basically, everybody that is an employee is an administrative fee. I guarantee, we don't get to do that. When we take administrative fees for handling impact fees or something like that. We don't get to include all of that in cost. Now, if that's an overhead cost, then I have no problem with it. Overhead is what it costs to do business. Administrative fee is what it costs to run the business. I can't believe that you would have everything be administrative in the cost of a business. Watson: Mr. Mayor? Corrie: Brad. Watson: Council members. Councilman Bird. By no means are all employees thrown into the administration costs. The guys that are out turning valves and flushing lines and running the wastewater plant, the majority of people are involved in 0 & M and those wages and personnel costs are Included in the commodity cost. What was thrown in the administration were the superintendents, the assistant superintendents. I think there are one or two managers at the Wastewater Plant that supervise programs. The MUBS Department, the billing department, was categorized as an over-well, maybe I don't know the definition between administration and overhead but they're not involved in the actual operation and maintenance of the system. Meridian City Council Ivl<::eting May 29, 2002 Page 46 of 52 Bird: I agree. Watson: That division, those employees, have to be there no matter what. If we stop selling water, we stop building water lines, we stop operating the Wastewater Plant, those 0 & M people go away_ But, they're- Bird: Brad, I just have a real problem in saying now as administrative-how many of those people you just named administer the policies of that department. Watson: Councilman Bird, I could certainly name it something different. Bird: Yes. That's what I'm saying. But, I'm just saying that I don't like to see it published as administrative fees. If you want to say it's overhead fees, that's fine. Watson: Okay. I understand. Bird: Or whatever. Corrie: Okay. I don't object to that. To me- Bird: I have no problem with the cost at all. Corrie: It's all rolled into the cost of doing business. You call it what you want. That's the schematics. It costs us $7.55 per account per gallon to do business so it's there. That's your cost of personnel, paperwork, computers, everything. I understand what you're saying but we-you call it what you want but you could put it as complete cost of overhead and wages and whatever you want to say. But that's- Nichols: Mr. Mayor? Corrie: Mr. Nichols Nichols: Mr. Mayor. Members of the Council. Just to throw another term to maybe help get over the schematics. Perhaps the term fixed cost would fit. I think that's what typically gets reflected in audits. I've seen it used as an accounting term. It's a fixed cost. I think that's the intent of the administrative fee, wasn't it Brad, to recover per account or to distribute the fixed cost of -not associated with the actual- ***End of Side Three*** Nichols: -treatment, production of water and treatment of wastewater in the fee structure. Am 1- Meridian City Council rv,<::eting May 29, 2002 Page 47 of 52 Watson: Mr. Nichols, I think you hit it on the head. I remember that term now. Bird: I agree with that 100 percent. Nichols: So, Mr. Mayor, in that context then, whether you call it administrative fee or overhead fee, it's representing an allocation out of the fixed cost per account. Corrie: Okay. I'll buy that. Nichols: In the vernacular, that's what it costs per account to turn the key in the door. Corrie: Okay. Any other comments? May have to stay all night. I can't get this thing to work. This overhead. Okay. Any other comments from the public? Okay. I'll entertain a motion to close the public hearing. Bird: So moved. De Weerd: Second. Corrie: Okay. Motion made and second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED Corrie: Discussion? Comments? De Weerd: Mr. Mayor? Corrie: Mrs. De Weerd. De Weerd: I think some of what Mr. Fuhrman was referring to has a lot to do with our billing system rather than the proposal in front of us today and that probably is something we may want to take another look at is the efficiency of that and how we can be a little bit more customer friendly. So, those are points that we need to address. Not tonight but a little bit down the line. Smith: Mr. Mayor? Corrie: Mr. Smith. Smith: Council members. Councilwoman De Weerd. I wrote down all of Mr. Fuhrman's comments concerning the billing process and I will take those to our water superintendent and our manager of our MUBS Department and we'll discuss those. I'll get you some information back as to what we could do if we can change things. I know right now that they're reading meters three weeks out Meridian City Council 111Il:leting May 29, 2002 Page 48 of 52 of four of the month. I've got a feeling that if we increase anything with any frequency, it's going to require some additional personnel. Corrie: If we slow it up, it'll cost a lot more phone calls. Smith: I certainly will take his comments and have a discussion and get some more information, more detailed information back to you so that you know a response to his concerns. De Weerd: Gary, maybe it's just a matter of education on the process. I don't think it's necessarily that the meters aren't read often enough but there's a basic lack of understanding about what the process is and how it works. I think some of the things he was talking about we are doing but it gets a little bit muddled in some of the other stuff. At some point, maybe even a single page question and answer depending on-I think out of any of the phone calls that I get and I certainly encourage them to call the Mayor is on water bills. On the bills. Corrie: Did I hear you correctly? De Weerd: Yes. Corrie: I thought I did. That's where my calls are coming from. Her office. (inaudible) encourage them to call the Mayor. Bird: So do I. De Weerd: I've heard that from other Council members that those bills seem to be the point of contention. I think I heard that in his testimony. Smith: Yes. I have alerted Leslie that when we get to a point in the invoices, the billings, that we have on hand to where we need to re-order, we're going to get into the format of that bill and make some changes because it is just a little confusing. De Weerd: Yes. Well, thank you, Gary. I have no more discussion. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With her not having any more, I would move that we approve the water and sewer user charge modifications and for the attorney ta-l don't know whether we need an attachment or a mandate on existing ordinances or not. What do you want to call it? Corrie: Finish your motion. Meridian City Council rvl~eting May 29, 2002 Page 49 of 52 Bird: Oh. That the attorney draw up the proper attachments or changes to the existing water and sewer ordinances, which are separate. Corrie: Okay. Do I hear a second? Nary: Second. Corrie: Okay. Motion made and second. Discussion? De Weerd: Do you know what you just seconded? Nary: I think it's an ordinance. Corrie: It's an ordinance, I think. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor. Members of the Council. Just a couple of things. Currently, your ordinance sets out the rate for water and the rate for sewer that includes the connection fee. I would ask that you consider and maybe give me some direction as to whether you want to do it this way, the same way you've done it before, or whether we amend the ordinance to allow for resolutions. To have it set by resolution so that when you next year or two years from now when Brad and Gary present the water fees again, instead of changing the ordinance, we just do it by resolution. The advantage to that is that you do it in one document and you don't have to go in and change your code books or re-codify it. The disadvantage is somebody has to bind and post or say, you know, what does the resolution say as opposed to just looking in the code. We can do it either way. It's not a burden on us to do it one way or the other. I just offer that to you that that's what some places do. The ordinance doesn't change. The resolution does as the fees are updated. Bird: Mr. Mayor? Corrie: Mr. Bird. Yes. Go ahead. Bird: Are our ordinances okay to do that with? The existing ordinance? That we could change it to a resolution? To add to the deal? I like that idea. Nichols: Mr. Mayor. Members of the Council. We would change the ordinance to say that the water rates will be set by resolution of the Council. We'd change the sewer ordinance to say sewer rates will be set by resolution of the Council. Then we will prepare a resolution that sets forth the rates. If you want to change the ordinance, that's what we would do. We'd do two ordinances in a resolution. Meridian City Council M~eting May 29, 2002 Page 50 of 52 Then, thereafter, to change the water or sewer, we just simply do a resolution instead of doing an ordinance change. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think that's a much easier process to use, too, as well. The only thing I would-just to be sure-and the other way that this gets caught, as well, is the State Code requires that we increase rates. I think we're going to have to advertise it anyway, so it's not something the public isn't going to be aware of. The only thing I would just ask Mr. Nichols to just verify, there are certain requirements in different sections of the planning code that requires it be done by an ordinance. It doesn't have to be an ordinance that's published in a book. It's just that's the format the State Code requires. I don't think this does that but certainly, we need to verify that we don't have to do it by an ordinance. Other than that, I think your suggestion is great. It would be a lot easier to do it that way. Bird: I would amend my motion to do that if it is legal. Nary: I would concur. Corrie: Okay. If it's legal, we're going to do it. Bird: We're going to do it. Corrie: Okay. Any further discussion? I hope the one that types these minutes is getting it straightened out here. Nichols: Mr. Mayor? One other thing that needs determined is when the effective date would be. Bird: July 1st. Corrie: Say, June - July 1 st? Bird: Yes. Corrie: How about Monday, July 1 st? Nichols: Well, Mr. Mayor, this should be directed to staff because they're the ones that have to program the computers with the rate changes. Smith: Mr. Mayor. Council members. Mr. Nichols, I guess I have a question first. From tonight's meeting, we'll prepare findings that-is it even possible, based on tonight's meeting, that they're approved June 1st but-see what we're Meridian City Council tvl""t:lting May 29, 2002 Page 51 of 52 trying to do is, the readings that would be taken during June would be based on these new rates but people wouldn't even see these until July. I'm seeing a lot of shaking heads. Just so everyone knows, if it's July 1 st, we'll be reading in July but nobody will see the effect of these until August billings. Nary: But can we reflect them in the July bill that the rates will be increasing in the next bill so people will know? Smith: Sure. We can insert that. Bird: That would be fine. Nary: So, the effective date for the application of the rate would be July 1st but they wouldn't receive the bill for it until the August billing. But, we can send them a notice in July. Smith: Correct. On the July billing, with the old rates. Right. Nary: If we could even send it in June, it would be nice. I don't know if that's too soon. Just to send a notice. Smith: We'll certainly look at it. Corrie: So the effective date is-do you want it July 1 st then, Brad? July 1 st? Watson: July 1 st would be fine. Right. It's correct what you said. Nary: You suggested July 1st on their August bill. Is that okay with you? Corrie: Is that all right with the Council? Bird: You bet. That's great. Corrie: Okay. Roll call vote, Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. Corrie: Okay. All ayes. MOTION CARRIED Corrie: Okay. We have an Executive Session that we'd like to go in to. So, I will entertain a motion for going into Executive Session. Item 3. Executive Session as per Idaho Code ~ 67-2345(1)(f): Bird: Mr. Mayor? Meridian City Council Mt;dting May 29, 2002 Page 52 of 52 Corrie: Mr. Bird. Bird: I move that we go into Executive Session as per Idaho Code 67-2345(1)(f). Nary: Second. Corrie: Okay. Motion made and second. Roll call vote, please. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. Corrie: All ayes. MOTION CARRIED Corrie: I'll entertain a motion to come out of Executive Session. Nary: So moved. De Weerd: Second. Corrie: Motion made and second to come out of Executive Session. All those in favor say aye. All ayes. MOTION CARRIED Corrie: Mrs. De Weerd. De Weerd: I move we adjourn. McCandless: Second. Corrie: All in favor of the motion say aye. Adjourned at 10:07 p.m. (TAPE ON FILE OF THESE PROCEEDINGS) G fig t{JZ- ERT D. CORRIE, MAYOR DATE APPROVED \\\I\lIlIl/rl/lf ",\~\ of MEFf!;""11 ~" ::\""\ 'VL /....'i / c} P'",PO",,'<<, ~ \. ~ A~ ~ ff" ArrESTED: ~~ ~ SEAL ~ WILLIAM G. BERG, JR., LERK -::: '7 &::: ";. c,,... 1"1< :::: ~ ~. ~ 0 ~ ~ -Po uSr 1S\ . .J:..? "',.." ..., ~"'?- .....::0 "'''// OOt If\n-'{ . '\ \"" II1I11 ~-.~. \\\\\ 'fJ!;I;~ n\.n\\ May 24, 2002 MERIDIAN CITY COUNCIL MEETING May 29,2002 APPLICANT ITEM NO. 4-A REQUEST Approve minutes from May 7, 2002 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS v~ tu~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. May 24,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT May 29, 2002 ITEM NO. 4mB REQUEST Approve minutes from May 14, 2002 City Council Special Joint Meeting / Workshop with Meridian Rural Fire Protection District Commission AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: JV Mrr Contacted: Date: Phone: Materials presented at public meetings shall become properly of the City of MeridIan. May 24, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department REQUEST Easement for Touchmark Phase 1-B May 29, 2002 ITEM NO. 4mC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Se.e. o..ttClCh.e.o~ et18e}'YU.iyc't NJvJL/ od Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ~ ~ ~" ' ~ , " City o"""Me'ridi~~":,~"" " <:; " "' " " , ~"PutJlic"Wotks D~Ri~, "" ":'. ~ '{~~ .(>:~".':.^,~n "~?^; ~:~ .~ ^:/-~:x-::.;i~?"')~i:~;2?tJ+,:t,:5.%-?~,~j~~~ N.. >'::.~ Mem ECEIVED MAY f ? 2002 CITY OF MERIDIAN CITY CLERK OFI="[(;1= To: From: Gary Smith, PE Steve O'Brien,p 0 File cc: Date: 5/15t2002 Re: Easement for T ouchmark Phase 1-B Gary, Attached you will find one (1) water line/sewer line easement for the above mentioned project. I have reviewed it and found it to be adequate to present to City Council for signatures. If you have any questions please do not hesitate to ask. From the desIc of .. . Page 1 Steve O'Brien EngIneering Tech . I Meridian Public Works Department 660 E. Wa1ertower., Suite 200 Meridian, Idaho 83642.2600 (208898-5500 Fax: (208) 887-]297 1800 West Overland Road Boise, Idaho 83705 Voice (208) 344-9700 Fax (208) 345-2950 E-Mail kurtr@briggs-engmeeringcom ( BRIGGS ENGINEERING, Inc. ENGINEERStPLANNERStSURVEYORS Tran ittal To: Steve O'Brien - Meridian City Public Works From: Kurt Reliford cc: Fife Date: 05/13/02 Re: Touchmark of the Treasure Valley, Phase 1.8 Steve, Attached is an easement for Sewer and Water executed by Kenrich "Rick" Thomas. Please call if you have any questions or need additional information. RECEIVED ~1AY . ~. ?~~? ME.KllhA.l'lOlTY ENGINEER 0901-23-1 SANITARY SEWER AND WATER MAIN EASEMENT TillS INDENTURE, made this _ day of ,20-, between WILD SHAMROCK L.L.P. , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE A TT ACHED "EXIDBIT A" AND "EXHlBIT B") The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 20201-sanitarysewer&water-eas THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written. WILD SHAMROCK LL.P. k~ I. ~ Kenrick "Rick" E. Thomas, Partner STATE OF IDAHO ) )ss. County of Ada ) . On this .I O+h day of !Q~ ,~O~ before me, the undersigned, a Notary Public in and for SaId state, personally appeared ~~/(. f:. "IbJm 0 "') and , Known or identified to me to be the President and Secretary, respectively, of the corporation that executed The within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, r have hereunto set my hand and affixed my official seal the day and year In this certificate first above written. \\\\\\\ 111/ lillI, \,\'\ X;. 'l L HAI"\ I///. ,s; ~<o...... ..\;4'"~~ ~ CJ.. ..,....~ .::;; .. \\OTA ..'''>'~ ::-. hI... ~ ,. ~r. ~ = *: : :. = : ........~ :*= :: · A . .:::- .,.. · #'V.l .-. ~ ... lIBuC .. ~ ~Qllo.. .. ~ 'l. '-1. .0 .. 0 s GRANTEE: CITY OF MERIDIAN ;";"~,,~c;i=.iofr..~\\\.s' #/11 III,m \\\\\ Cd . ~Y-IcVJ~ Notary ~ic for Idaho Residing at '1Y'Jp4~ My commission Expires . 112/1J P Robert D Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: 20201-sanitarysewer&water-eas EXHIBIT "A" DESCRIPTION FOR SANITARY SEWER AND WATER EASEMENT PROPOSED TOUCHMARK LIVING CENTER SUBDIVISION May 8, 2002 An easement lying in Parcel 2 of Record of Survey No. 5306 as recorded at the Ada County Recorders Office, lying in the NE 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of the NE % (N % Corner) of Section 16, Township 3 North, Range 1 East, Boise Meridian; thence S 00013'01" E 939.06 feet along the west line of the NE % of said Section 16 to a point; thence N 90000'00" E 426.32 feet to the REAL POINT OF BEGINNING of this description; Thence N 00000'00" W 118.46 feet to a point; Thence N 90000'0" E 42.50 feet to a point; Thence S 00000'00" E 35.61 feet to a point; Thence S 45000'00" E 70.45 feet to a point; Thence S 00000'00" E 33.04 feet to a point; Thence S 90"00'00" W 92.31 feet to the REAL POINT OF BEGINNING of this easement description. Michael E. Marks, PLS 4998 20201sswatease.des EXHIBIT "B" SECTION CORNER ~ S B9'~8'47"E Tf 2706.25' N 1/4 CORNER 9 16 SECTION CORNER S 89' 29' 19' E 2702.58' -.->- E. FRANKUN ROAD 15 I I I~ q LOT 1 /' /' / ,....-------. // //' r--- I / / / / ( ( ( I \ \ \ SANITARY SEWER AND N 90'OO'OOHE \ \ WATER EASEMENT............. 42.50 \ \ ............. ~S OO'OO'OO"[ 35.61' \ N ~O;~~4~?"w S 4S'OO'OOH[ 70.45' \ S OO'OO'OO"[ 33.04' \ N 90'OO'OOt"4.26.32' S 90.00'OD"w \ \ . ___ ..-/ 92.31' \ '% \ 1 + J\- - -- -- -- ,.... --- - - -.... \~ \ ~ ,.... /''' \~g.. \ ~ /' /' " \"'\ ~ / /' \ <%. /' \~\ " / /' 1- - - - -- -- \ \~ \ '-J / \ \%\ / LOT 2 \ \- ,11/ + \ PROPOSED TOUCH MARK LIVING CENTER SUBDIVISION o W I- 3 0.... z: ::) u I~ -- - "'"'- -.... . (0 (.oJ I~ UNPLATTED R.O.S. NO. 5306 <0 ~ ~ %~ (9 ~ ('~ ~ V? V ~ ~ V \ ~ CENTER 1/4 CORNER LOT 3 BRIGGS ENGINEERING. INC. (~) (208)344-9700 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 SANITARY SEWER AND WATER EASEMENT WILD SHAMROCK L.L.P. - GRANTOR PROPOSED TOUCHMARK UVING CENTER SUBDMSION LOCATED IN THE NE 1/4 OF SECTION 16, T.3N., R.1E., 8.M. MERIDIAN, ADA COUNTY, IDAHO DESIGN DRAFT SCALE DA IT DWG.NO. DPM 1" = 200' 05/07/02 20201 REVISION SHEET 1 OF 1 20201 ssease.dw CITY OF MERIDIAN PUBLIC WORKS DEPARTMENT LETTER OF TRANSMITTAL Date: '5- \\j- Od To:~l~~ RECEIVED MAY 1 7 2002 City of Meridian City Clerk Office From: Karle A Glenn Dept Specialist Supervisor Subject: ~~ ~ ~ Enclosed are the followin : -:':.'_~_~'-: 'n_" _'_ :....:._s'.,:- 'DATE) '_..' _ .'Co., '^, \ \ \ These are trans~ed: o For your ~or action 0 For review 0 For your use 0 As requested information specified below and comment Remarks: ~~~~.~~~ ~~'tS" ,LL~ ~ Copy to:...file- Si~ .~~ J 660 E. Watertower, Ste. 200 Meridian, Idaho 83642 (208) 898-5500 Fax (208) 887-1297 May 24, 2002 MERIDIAN CITY COUNCIL MEETING May 29, 2002 APPLICANT Public Works Department ITEM NO. 4~D REQUEST Temporary Sewer and Water Easement for Bridgetower No.1: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DE?T: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAM? A MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: 5e~ CltkMhtd {Q8~t .p/ ()!rr Date: Phone: Materials presented at public meetings shall become property of the CIfy of Meridian. ECEIVE Mem .'9 "":i j'. . , CITY OF MERIDIAN CITY CLERK OFFfCE To: Gary Smith, P.E. John Boyd ~ f p. File From: cc: Date: Re: 5t1/2002 Bridgetower Crossing No. 1 - Temporary Sewer and Water Easement Attached is a Temporary Sewer and Water Easement for Bridgetower Crossing No. 1. It covers the stubs of indicated utilities for a future Phases of this project. I have reviewed them for accuracy and find them presentable for City Council action. If you need any more information on this matter please do not hesitate to contact me. From the desk of... John Boyd Engineering Tech . II Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 SANITARY SEWER AND WATER MAIN EASEMENT ru 111- THIS INDENTURE, made this tll day of MfA. t- ,2~between Primeland Development Co.. LLP, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBIT "A" AND "B" ) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they wiI1 not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. Master\Meridi an\sanitarysewer& water-eas IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written. STATE OF IDAHO ) ) ss. County of Ada ) ~ On this!)1 day of /fPAv . 205efoJe me, the undersigned, a Notary Public in and for said State, personally appeared fM-tJ;::.. So y' I;a.t.-I ~ and , known or identified to me to be the ~2t ~ ~i<.l~il~espectively, of the corporation that executed the within instrument, and ackhOwledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affIxed my official seal the day and year in tm, cemficate first :~~:,:::~n ~au/ btW1i- ~.::'< !l> L F: O,~o1"'"" Notary Public for Idaho ,?~ c;v ,'.'''~G?,~,' ,-... {,.~ Residing at ~"" I r'L ~~< .~:-~- 11..0'. ":}'.\'-:)."~ ~ ~ ! i~/2': ;\ c.T A-' > '\:) '-:;, ~ My Commission Expires .'fJ (_~i' t=:. -' ~....t"" '; :. t-~~~~ ~~~'Jf.~~~~ ~-~..: ~ .-". l",l \;; " ~:f ':',',' "': l' ~. ('../.} ; ILl ..,: "l:..., oJ ~ S :;; \;;~,;;,:"' ",',;~:~;/ itJI.i"a J;tJ;' ,;,...,,\ / / ~/~/d~ I MasterWeridi an\saru tarysewer&water -eas EXHIBIT HAlf DESCRIPTION FOR TEMPORARY SANITARY SEWER AND WATER EASEMENT PROPOSED BRIDGETOWER CROSSING SUBDIVISION NO.1 April 11,2002 A temporary easement for sanitary sewer and water line construction and maintenance, located in the SW % of Section 35, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of the SW % (South % corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00026'55" E 1320.59 feet along the east line of said SW % to a point, thence N 90000'00" W 219.51 feet to the REAL POINT OF BEGINNING of this easement description; Thence S 7r51'54" W 38.00 feet to a point; Thence N 12008'06" W 57.00 feet to a point; Thence N 7r51 '54" E 38.00 feet to a point; Thence S 12008'06" E 57.00 feet to the REAL POINT OF BEGINNING of this easement description. Michael E. Marks, PLS 4998 010307. UTILease. des.doc / I N 90'OO'OO''W 219.51' I --------1 I _.'_._-~._.~~-_. ~ -I--~._._--.... I I I I r ; PROPOSED!. BRIDGETOWER CROSSING SUBDIVISION NO.1 I EXHIBIT "B" I f:: U i\I,O,( &;r/t(;u;rf: ,q l}i:' (',.o,c;y <:. D tt-'f:;r"lSf: sr.l O'D 7TS\'~4"t. \'I :'JB.aa u> J TEMPORARY SANITARY SEWER 0y~~ I AND WATER EAs~0/ s.~_ "--- "--- \ \ f:: UI\I,.oz &;r/i?ut? ,q I); Gf: J; 'f:,c (' D ott-'c'At"ls, ;r s.f:s ueD. \ \ \ \ \ 1 1"77/1 ",TEMPORARY SANITARY SEWER U -L -d AND WATER EASEMENT 1~9+ 13124 SECTION CORNER Found Bross Cap N 89' 15'23"w 2643.40' W. USTICK ROAD \ \ j;1 ~I 0<') :1 ~I \ ~ I \ . o \ - -- - 0 I I Z I 1 I L .'.' I I I + I ~ ~ .N. / ) \" \ \ L -r ~ \ \ ; / .----. "--- ----. "--- \ \ S 1/4 CORNER SECTION 35 POINT OF COMENCING TEMPORARY SANITARY SEWER AND WATER EASEMENT PROPOSED BRIDGETOWER CROSSING SUBDIVISION No.1 LOCATED IN THE SW 1/4 OF SECTION 35. TAN.. R.1W, 8_M ADA COUNTY. IDAHO BRIGGS ENGINEERING, INC. (208)344-9700 I 800 W OVERLAND ROAD 801SE. IDAHO 83705 DESIGN DRAFT DPM SCALE DATE OWG.NO 1" = 100' 04/30/02 10307 10307-UTILEASEOWC REVISION SHEET 1 OF 1 May 24. 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department REQUEST Waterline Easement for storage CUbbys Project May 29 i 2002 ITEM NO. 4-E AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: us WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: 86 e. oJ1.o.-c\ruc\ eGL3(IYYU~-t nvV OJrfJ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. >City of~Me~iili~~ ,~~: :'> '.::, \~.' ~. Public;V\(orl(s~p~Rt."..', ~, ~::~ ~~~:~. ,.~~~;;:~.<:~~, +;,1P:~ .,~t>r:.;j):~~?~1::2!~~~2i~~ ;;;1~~:!?;'<~~\ -;~ $; 660 E. WatertO'l'ler, Suite 200 Meridian, Idaho 83642-2631 Phone: (208) 898-5500 Fax: (208) 887-1297 Me ECEIVED 1 ? , { To: Gary S. From: Jeff McFrederick cc: File Date: 4/30/2002 Re: Storage Cubbys CITY OF MERIDIAN CITY CLERK OFFI(;F Gary: Attached is the waterline easement paperwork for the Storage cubbys Project Please let me know if there is anything else I need to do. Jeff From the desk of.._ Jeff McFrederick Engineering Technician Meridian Public Works Department 660 E. WatertCM'er, Suite 200 Meridian, Idaho 83642-2600 (208) 898-5500 Fax: (208) 887-1297 . Page 1 WATER MAIN EASEMENT THIS rNDENTURE, made this ';LG day of I\r' \, 2062.- between <S:!:, ,)~ L. G I r,:<.rrJ , the parties ofthe first part, and hereinafter calle the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE A TT ACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area ofthe easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation oftrus easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the Water Main Easement Page I EASMT.WTR purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: -, ~~ /' ~j)'VL-/ -- - President Secretary STATE OF IDAHO ) _ _. . . _ __ ) ss 1-I)3S -CD"-/-- q32 .':J County of Ada ) D .,1\ ') I On this A l./ day of I~ Jk II-. _ , 20 (i l,. before me, the undersigned, a Notary "public in and for said State, personally appeared ~ C and ~~ t-tr.-l2-r't"1u"\< ) , known or identified to me to be the President and Sec tary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yearJtll.'f\l!Uil'i.~,lVfitten. ,,\ ;,'C 'fi"7W "tftZ'" ...~~........ .,..... ,.......... ~...'-1_..,," .... Y1"'....~ f :' ~'OTARt-"'~ \, = : ,--... ~-;: ~*: ~~- :*~ ~ . . ~ ':; '. PUB! \v: ;: ~ ... .- .... i '.:.... ~"'" '.a........-'....~{J.....;~' "40""'" - :' E .'....1(" \\)1 ..........' Ili'II",. ~I~:'LL\\\\"'\\''''' ./ /. .' NcPTARY; PJ:!BUC "'!DAHO lA~. /~~' : lJ-l)x.1?'. , Re mg /. Jj/J~ _ _ ( , 'ssionExpires: L().J/-l015 at Water Main Easement Page 2 EASMT.WTR GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Main Easement Page 3 EASMT. WTR ~.., PROJECT: 5284-32 DATE; ApnllS, 2002 EXHlBIT A WATERLINE EASEMENT DESCRIPTiON FOR STEVE L. AND l.EAH N. GIRARD S!TUATED IN THE SOUTHEAST QUARTER SECTION 11 T3N., RI W., B.M. ADA COUNTY, IDAHO A water line ~eJ:Qem siruared in the Southeast Quaner of Se~t1011 11. TowpshlP 3 North, Range 1 West, nojse Meridlall-. Ada CountY. Idaho and mOre pamcular!y described as f01!aws; COlJ1IIICncing a~ a br~:> cap mOfll.um:ming Uu:: St.l<!Ihc<1.>t ClJI"llCT uf du: Southc:~t QWlfrcr of Section II, Township 3 North, Range 1 West,. B01S~ ,Mc:ndian, Ada Count.)', Idaho from w/uch an aluminwu cap mon~nting tQ<: Nonbeast co:mcr of said Southea:;[ Quam! of Section 11 bears North 00058'55" W esr 2645.97 feer: th~ncc along the ~<l-S!l:=!ly boundary of the: said SOl1thea.!.l Qt1artcr at" ScctIon 11, wluCh 1S also me centerline ofLmda Road, North 00058'55" Wesr 1142.80 feet. thence leavias said easterly boundary ani! cemerline Soum 89001'05" Wesr 48.00 to [he westerly righHf-way of Linder Road, being the POINT OF 8EGINN!NG; thence along Ih~ cCIlte:rline of a 20.00 foof wiue easement being 10.00 feet each side of said centerline me foUowins courses: South 8900ros" West 750 feet [0 Poml A of rlus descnpuoo. thence cominuins SOl.lm 8900rOS" West 193.00 feet to Point S of this description; !bene.: contmuing Soutb 89001'05" Wesr 13.00 fec:t to th<: POINT OF TERMINUS. AND ALSO A 15.00 foot wide ellscmcnt being 7.50 fIX! each SIde ofth.c: foUawmg dcs!.:r:ibcd t:cntcrlinc: BEGINNING at the aPovc described Pomt A; thence North 00058'55" West 20 00 feer to the POINT OF TERMlNUS. AND ALSO A lQ.OO foot wide easemem being 5.00 feet eo.cll SIde at" rhe tollowmg dc:scnb.:d ccnlcrlmc: BEGINNING at chc abo...c: dcscnbed Pomt B; thence South 00058'55" East:W 00 t.:et to the POINT OF TERMINUS. 528432-3.DOC Pag!;: l of2 POWER Enguteolrs, U'Icprpor.;t.e11 1295 $. bill. r'1.5hl w.~ ,-.". E!(l,,~ fD \S3i(N 'I~~.!"~ ..-.. .tt._ 11...::l 1. .r ~ Pn~n" (~u8J :\7~.u()11 ~,~\. ~ 2uii i 3 7:}~; :025 SlIBJECT TO: All eXlSt'ing easements and/orrighrs-of-way. nus de-sl.:npoon has been prepared from data of r~oId and not from a tidd StJl'\lC:y. Prepared by: POWER ENGINEERS sew Jbeb Steven C Wdlingt.an. P L.S 528432-3.0OC Pagl:: 2 uf2 ........, .....,."'1...;~~-.- ..,,: 1 ~...b......~~:-r" ~~Jt '1:-:-: ..J-oo..~::::;~w._, EXH~8IT 8 N ~ECTION 11 T. 3 N., R. 1 W., 8.M. ~ I ~ f;; .0..0 Jt) ~ ~ ~ ;~ l ~ ; o q 7.5"~ a : z:.n ~ ""::~:~~~j~~~~L's8~~~J; ~ '.... . -- .."" I 1 SCALE = 50' .~:-',~., ~. .~u ;::' " . lj. , ,. .:; : , . , ,I , : , . , . . , :.1 .'1 S 89'30'20A W .PROPOSED BUILDJNG I ~ . ; i j ~J-TTl-'- I .u.; ; . b.:(; I , . , .!.. I . \ . ; I '... I -- ... ~ ~~ S B9'Dl'05~ w 5' POINT B 5' ACAO DwG' :l2a~~2\W"'"re:"~,,.ol~~ NUMBER Ll L2 L3 L4 BEARING S 89'0,'05" w 5 89'01 '05" W N 00"58'55" W S 00'58'55" E DISTANCE 7.50 13.00 2000 20.00 elL FRANKLIN ROAD ~.. 1295 S. EACLE rLICI1T WAY ElOISE, IOAHO 637Q9 (208) 37B-6380 S 8S~ 30'20h W ----i---.....-- '!l-8.00 ..... r-- oi r-- 11-. POINT A , \ o co C'l '4' ;;: ';n If) l.lJ <f) b o z 14 13 [)JI. rE: Ap1'1 I 5. 2002 May 24. 2002 MERIDIAN CITY COUNCIL MEETING May 29. 2002 APPLICANT Ada County Assessor -- Bob McQuade REQUEST Assessment Briefing ITEM NO. 5 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: "~J Y (' )rv'J p~r Contacted: Date: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. Meridian City Primary Roll Assessment Notice Summary Total Meridian City Market Value Total Meridian City Taxable Value 2001 City Total 2,551,976,600 2,068,573,604 Residential Residential Market Value 1,693,895,200 Residential Parcel Count 14,675 (Residential includes manufactured Homes) Commercial Commercial Market Value 858,081,400 Commercial Parcel Count 1,947 (Commercial includes Personal Property) New Construction Comparison of Previous Year New Construction Residential New Residential Count Commercial New Commercial Count New Subs/Change Status 2001 2,190,653,600 1,751,700,323 1,496,869,700 13,765 693,783,900 1,849 5/29/2002 % Change 16.49% 18.09% 13.16% 6.61% 23.68% 5.30% 105,470,224 150,676,724 -30.00% 62,575,024 73,582,024 -14.96% 670 758 9,466,400 41,971,100 -77.45% 19 63 33,428,800 35,123,600 -4.83% Increase Estimates % value increase of existing residential improved properties % value increase for existing commercial improved properties 5.52% 3.70% 6~4% ~t.8enlo Residential Property Tax Burden Commercial Property Tax Burden (Operating Property & Sub Roll Included in calculation) Assessment Notices Assessment Notice Mailing Datel 5/24/20021 2.72% average 1.27% median 10.16% average 3.00% median 59.44% 40.56% 5/25/20011 n=12051 n=836 CEr\lED ;4AY 2 9 2002 CITY OF MERIDlAl'\l" Meridian City Primary Roll Assessment Notice Summary Total Meridian City Market Value Total Meridian City Taxable Value 2001 City Total 2,551,976,600 2,068,573,604 Residential Residential Market Value 1,693,895,200 Residential Parcel Count 14,675 (Residential includes manufactured Homes) Commercial Commercial Market Value 858,081,400 Commercial Parcel Count 1,947 (Commercial includes Personal Property) New Construction Comparison of Previous Year New Construction Residential New Residential Count Commercial New Commercial Count New Subs/Change Status 2001 2,190,653,600 1,751,700,323 1,496,869,700 13,765 693,783,900 1,849 5/29/2002 % Change 16.49% 18.09% 13.16% 6.61% 23.68% 5.30% 105,470,224 150,676,724 -30.00% 62,575,024 73,582,024 -14.96% 670 758 9,466,400 41,971,100 -77.45% 19 63 33,428,800 35,123,600 -4.83% Increase Estimates % value increase of existing residential improved properties 2.72% avera e 1.27% median % value increase for existing commercial improved properties Residential Property Tax Burden Commercial Property Tax Burden (Operating Property & Sub Roll Included in calculation) Assessment Notices Assessment Notice Mailing Datel 5/24/20021 10.16% avera e 3.00% median 59.44% 40.56% 5/25/20011 n=12051 n=836 FECEIVED MAY 2 9 2002 CITY OF MERIDIA.~ May 24, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT PAL Soccer -- Rhonda Miller May 29, 2002 ITEM NO. 6 REQUEST Request for Waiver of Notice Requirement for ACDS Project: PAL Soccer Field AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~ ~ r,..~ lAP , J VV' L" ~n ~ "~Jtd I {V pJ W rpli" rYt OTHER: See ~chof k+1-e1 ovnd $-1,*- PLtJuYL/ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Vl~ rfl May 20, 2002 CElT1JtJ) , 1 of;tJ?Q-ftS l" OF ~Ji'Ji'1(Jl!) 1t1A)4l\r Dear Mayor Corrie and City Council, I'm writing this letter to ask you for a waiver of notice requirements. Weare in the process of getting a conditional use permit through Ada County Planning and Zoning for the property located at the comer of Eagle and Fairview. We are going to be moving our soccer program to this site for the fall season and play "'" ?\ there until b~r:Wil c ay owner of The Turf Company needs to produce that turf. /' .,,,/ Thank Y9u, , ~ t 1// / (/ Rhonda Miller PAL Soccer Past President (208) 283-5339 palsoccermom@msn.com d. , ECEIVED 1 2D02 CITY OF MERIDIAN CfTY CLERf( OFFICE Meridian Police Activities League P.O. Box 998 Meridian, ill. 83860 (208) 888-6030 X{X;y ~ ,!~~! J ~ :j~ )1' >~ ~~ ~ aLL g 0::: 0 I:'J "-i cY) LU ~ r...,... .., C'-j ~ n::: f-\E:j LL IJJ Q od r...,...-' >- >- f-\E:j I- I- ~ 00 S ~~ ~ !::E? Lf ~ ~I. ~ ::> ~ ~l >'" .om I I "'<0' :: ~ " I I I I I II ~ li(lt' iJ.!'bg 1!~!!!I!i ! IIi1 ~II~ !I~" 1111> .~ j I . ~ ~ ~ :.: 'III + ~ . I -- ,. " I . _1nMt. ~ i ~ . ~ !~ ~ I d. ~ ~JI15 II I-I ~ ill z( !!I I!! ql" : II :::'J ~ ~ F ~ b ~~ a:~ ~:s: _0:: e~ ffi :2 i t:i 19i1 ;~ ~ ~ I 0 ... ~ ~ ~ I!:! I ~~ May 24, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT Finance Department REQUEST Woodbridge Latercomers Payment Agreement: May 29,2002 ITEM NO. 7 ~A~3 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMP A MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: &e___ a.::tto.Lrnof Y'fU.rYZ~o ) WrieSiJ/Ylc&/Y76L ,!Yam firzOJvL~ ~ , _ ~;6v/ Y -Ji' P'''~V ~ ~ Wij Contacted: Date: Phone: Materials presented at public meetings shall become property of the CRy of Meridian. City of Meridian ~ ,- '> Memo To: Mayor Corrie Bi Nary Keith 8m Tammy de Weerd Cherie IVlcCarlcles From: Stacy KlIchenmann, Financial Director Date: 5/23/02 Re: Payment Agreement Woodbridge Latecomer ECEIVED MAY 2 3 2002 CITY OF MERIDIAN CITY CLERK OFFICE Item: Request by O'Neill Enterprises for five-year payment of Five Mile Trunk Latecomers Woodbridge Development Fee Background The Five Mile Trunk line was completed in 1996. The first users were billed five years later. In the five years since completion three different latecomer rates have been calculated, $2,650, $2,370, and $1,706. We did not bill anyone the first rate, we did bill using the '$2,370. Subsequent to protest by O'Neill Enterprises (Woodbridge Development) the rate was changed to $1,706. We have refunded $68,000 to adjust everyone's rate to $1,706. Decision O'Neill Enterprises desires a five year payment plan for their latecomer fee with 4% annual interest. They have indicated that if we do not agree to this payment plan they will protest the fee. The payment plan is for Phase I and Phase II. They have sent the first payment however neither Public Works, the Finance Department or the City Council have agreed on to their proposed payment plan. The developer is waiting to get approval for Woodbridge Phase II. Typically the City has not entered into Latecomer payment plans. We have entered into a couple three-year plans. We suggested that Phase II fees be paid upon approval of the plat and Phase I be paid over a three -year period. This option was not agreeable to the developer. . Page 1 "C;' "k~"'~."I~"'~"" . ..'....i.~..;~\~ ' ;, ,. . . ".., ~~,.~' ..:1: 0_ _ _'~., .. MI[A;DIAN. IDAHO ~G=~ February 7, 2002 ~ RECEIVE City of Meridian Accounting/Payables Department 33 East Idaho Avenue Meridian, ID 83642 2 3 2002 CITY OF MERIDIAN CITY CLFRK ()l=l="lrF Dear AccountinglPayables Department: We are in receipt of a statement dated January 31, 2002, for Woodbridge Phase 1, referencing invoice number 1273, dated September II, 2001, the amount of$120,656.92. Based on the agreement recently approved by the City of Meridian, and referenced in the attached correspondence, the calculations are in error on the above-mentioned statement. The correct sewer late-comers fee per acre is $1,706.00. At 50.9 acres in Woodbridge No.1 the total would be $86,835.40. However, the terms of payment have not yet been finalized. We would be happy to meet, if you would like to discuss these calculations. We respectfully ask that you discontinue sending us these statements until this matter is brought to closure between the City of Meridian, City Council, Public Works Department, and Woodbridge Community LLC. Thank you for your attention to this matter. Sincerely, Woodbridge Community LLC, an Idaho limited liability company By: O'Neill Enterprises LL[, an Idaho limited liability company, it~yMll\ ~~~ Derick O'Neill, Manager whm Attachment O'NEILL EIHERPRISES tOO N. 9TH ST., STE. 300 BOISE, IDAHO 83702 P; 20B.336>3430 F; 206.336.5296 WWW.W0006RIOG[-MERIOIAN.COM December 4,2001 Mr. Brad Watson Meridian Public Works 660 East Watertower Lane Suite 200 Meridian, Idaho 83642 RECEIVED ''} Z" ';l J J RE: Five-Mile Trunk Latecomer Fee CITY OF MERIDIAN CITY CI f=RK OFFICF Dear Brad, This letter is in response to our meeting on the Five Mile Trunk Latecomer Fee. Per our discussion at that meeting, Woodbridge Community LLC would support your moving forward to City Council for approval of the latecomer fee based on the revised numbers you have presented to us and with the assumption that a payment agreement can be reached per the following proposal. Amount: $I,706/acre Quantity: 80.0 acres ( w 6 I ~ 50-9 ocre.s ') Total Fee: $136,480.00 Terms: 5- Year payback@20% of total fee per year plus 4% interest per annum. 2002 2003 2004 2005 2006 $27,296.00 $31,663.36 $30,571.52 $29,479.68 $28,387.84 This proposal is consistent with the revised fee as defined by you as well as the payment agreement we suggested, and you indicated support of, at our last meeting. Please contact me at 336-3430 with any questions. Sincerely, Woodbridge Community LLC; an Idaho limited liability company By: O'Neill En~e!'Prises, an l.daho limite? \iability Company, its M na r .\~ r :) ~ By: Q5'JJ~\JL1J .\.. Derick O'Neill, Manager cc: L. Edward Miller, Esq. Gary Smith Bruce Freckleton O'NElll ENTERPRISES 100 N. 9TH Sr., STE. 300 BOISE, IDAHO 83702 p, 208 336.3430 F; 208.336.5296 l\ IIW.WOOOBRIOG!-MERIOIAH COM CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN 10 83642 PHONE: 208-888-4433 FAX: 208-887-4813 Oflv<:=; If!. ~t\Ir.., ;:- f' ,h 1::"/,,. lJ IJ ,) / " 200<, STATEMENT DATE: January 31,2002 Bill TO: Woodbridge Phase #1 c/o O'Neill Enterprises 100 W 9th St., Ste 300 Boise, ID 83702 oalThf{1ED rlTV 01 r::::n, DATE INVOICE # AMOUNT BALANCE~' , 9/11/2001 1273 $ 120,656.92 $ 120,656.92 $ - D", <lQ I ~..... ~~~ Ii' 1)'/1& _ ~.J.-t;~ V.... 2 3 2002 CITY OF MERIDIAN OFF/(;F 31-60 DA YS 61-90 DAYS OVER 90 DAYS PAST DUE PAST DUE PAST DUE AMOUNT DUE $ 120,656.92 $ 120.656.92 THIS ACCOUNT IS PAST DUE. PLEASE REMIT PAYMENT ASAP. THANK YOU. IF PAYMENT HAS BEEN MADE, PLEASE DISREGARD THIS STATEMENT. ~I::) .::I~t:td 96;;:;S; g[[ 80Z ~[:gr ;;:;0, 6;;:; ^~W O'Neill ~ Enterprises O'Neill Enterprises LLC 168 N. 9lt1 Sl. Suite 200 BcIso. iO 83702 200.336.3430 208.226.5296 FAX RECEIVED MAY 292002 WWW.oolprop..Qom City of Meridian City Clerk Office F ACSIMILIE DATE: May 29,2002 TO FAX NUMBER! 888-4218 PLEASE DISTRIBUTE TO: Mayor Robert D. Corrie City Council Members Bill Nichols Brad Watson Stacey Kilchenmann FROM: Derick O'Neill (Tel) 333-2404 (Fax) 336~5296 doneiIl@oeiprop.com SUBJECT: Woodbridge Subdivision Five-Mile Creek Sewer Latecomers Fees NUMBER OF PAGES INCLUDING COVER: 6 If you have questions regarding this fax transmission, please contact Wendy Mickler at (208) 333-2406 ro'd 8~ : 9T ?:rL r,1 fiel^, a~7(, _(')(,(,_Of'l7. vn I (""t-''''''T'. ....1_ It 1_ ....._..._r' .- c;l::l-.::J~ttd 96;:::; 9[[ 80C: [[:9! 2:0. 6C: ).,I;:lW Q1Neill ~ Enterprises O'Neill Enterprises Lie 168 N. 'ilIh St. Suite 200 Boise, 10 83702 2O!l.936>:l430 20M96.s~98 FAX. www.oeJplOp.com RECEIVED MAY 292002 City of Meridian City Clerk Office Via Facsimile (208) 888-4218 May 29, 2002 Mayor Robert D. Corrie City Council Members City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Woodbridge Subdivision Order of Conditional Approval of Final Plat Five-Mile Creek Sewer Latecomers Fees Site-Specific Comment #1 Dear Mayor Corrie and City Council Members: This letter is to outline the position of Woodbridge Community LLC regarding the Five Mile Creek sewer latecomers fee. As we are aware, the Five Mile Trunk was a significant undertaking for the City of Meridian. It not only took numerous years to complete, but also to establish a guideline for latecomers fees. The Five Mile Trunk was completed in 1996, Woodbridge Community LLC made application for the Planned Unit Development in the fall of 1999. We received approval in December 1999. The latecomers fee for the proj ect (and therefore for us) was not established until the first of the year 2002, more than six years after completion ofthe trunk, and more than two years after our PUD approval. We have always agreed that a latecomers fee would be due from Woodbridge. However, it has been very difficult to plan, budget and finance for that expense without closure on the fee methodology and calculation. In December 2001, after working with staff members in the Public Works and Finance departments, we thought we had come to an understanding that seemed to satisfy both parties. GO'd R<;': qT. 111. F,7 n'E'I.1 ()C 71' _()(,r"- (")('1-;' I V"t"l I "...,-,^.,...... ....._ j ,,_ -.....-........ - l:..t:J .:J~t;fd 96C:S 9(~ 80C: v(:9'!: C0. 6C: J,ljW Woodbridge Community LLC agreed to the total amount to be paid ($136,480 I $1,706 per acre for 80 acres) and proposed to pay that amount over a five-year period oftime. This schedule was outlined earlier to the City Council in conjunction with the review of the Phase II Woodbridge plat. (See attached correspondence.) We regret that there appears to be a misunderstanding, as we have not at any time indicated that we would "protest" a payment plan other than what has been discussed. To the contrary, we have attempted to be positive and proactive in meeting our obligations, Although we understood that the City Council would need to give official approval ofllie five~year payment plan, it was our understanding that the tenns were acceptable to the staff members. Therefore, we proceeded in good faith, based on earlier discussions, and made the first payment, in the amount of $27,296, on May 2,2002. Within the past 48 hours, we learned that there has been a change in direction regarding the payment program (see attached memorandum). At this moment, we are trying to address the new concerns of the City. While we are open to different ideas and terms of payments, we are not in a position to pay the latecomers fee in one payment, even for Phase II. Due to the uncertainty of the final fee amount and payment schedule, our original project budget and financing did not plan for a traditional latecomers fee payment. However, we would be in a position to agree to a three-year program, taking into consideration our recent payment for 2002. We would see the three-year payment schedule outlined as follows: Terms: Three~year payback plus 4% interest per annum, Total Fee: 2002 Payment: Balance Due: $136,480 27.296 $109,184 Payment Schedule: 2002 $27,296.00 (paid) 2003 $58,959.36 2004 $56,775.68 We know that sewer latecomers fee agreements are difficult for lhe City to monitor and manage, and that the City is concerned about setting a precedent. However, we feel that the current circumstances are unique to Woodbridge because of the timing previously mentioned. In subsequent cases, the fee structure and methodology will be known up front) and latecomers will have the information to budget for their fees. 2 m'd 8~:9T GO. ~1. nBW O~7c_aCC_007'YP~ t"''1('T'1 "I'" I ....I~ ...,..,T'....,~ I - -''-'......::1 Ji:....J:.... o~c.. ~:9t 20. 62 A~W We urge you to give your approval to this revised payment plan, which, we hope addresses the concerns of the City, as well as provides a way for us to move forward. Thank you for your consideration ofthis matter. Sincerely, By: Woodbridge Community LLC, an Idah By: O'Neill Enterpr whm Attaclunents cc: Bill Nichols Brad Watson Stacey Kilchernnann 3 tlO'd 6~:91 ~O, 6~ nEW 96~S-9~~-ROl:xe4 C:.:jC:.T).I,...I)I""J I kr:J 'iT":!t" n S0'38ljd 96cS 922 8Ge: v(:91 c0. 6c AIjW -' --. r----. .. "" December 4, 200] Mr. Brad Watson Meridian Public Works 660 EaSt Watertower Lane Suite 200 Meridian, Idaho 83642 RE; Five-Mile Trunk Latecomer Fee Dear Brad, This letter is in response to our meeting o'n the Five Mile Trunk Latecomet Fee. Per our discussion at that meeting, WOodbridge Community LLC would support your moving forward to City Council for approval of the latecomer fe~based on the revised numbers you have presented to us and with ttie asliumptioD that a . payment agreement can be rcached per the 'following proposal. Amount: $1,706/acre Quantity: 80.0 acres (we J:, = " "50-9 Q.cre:"S) Total Fee: $136,480.00 Terms: 5- Y ear payback @ 20% of total fee per year plus 4% interest per annum. 2a06 $28,387.84 This proposaJ is consistent with the revised fee as defined by you as well as the payment agreement we suggested, and you indicated support of, at our last meeting. Please contact me at 336-3430 with any questions. Sincerely, Woodbridge Community LLC, an Idaho limited liability company By~ O'Nei~1 En~e.~rises, an I,daho limite,? i'ability , Company, Its M nag r .. \~' ~ t C'I" 1.....n,U) By; ~ J-'(...1 ....,., i,. ........, .. ,i Derick O'Neill, Manager cc: L. Edward'j;'HlIer, Esq. Gary Smith Broce Freckleton 0'1{(11I. ENTE~ p~ ISES 100 n. am sr" srE. 300 a<!I~~. IOAllO 83702 P: Z06.336.3430 F: 208.336.5291'. SO'd h9:qr Tn. (;7 fiPIAI II~. \UlaCO~RIOG{'~ERlm~\l.tlll.1 ()!:7['_("Jr--(' (,)"""""'t VI."I I 90'30tJd 962:S 9f:S 802: _'_~"'__________'h________~~:9t 2:0, 62: /.tiN ~ "' /"'"' ~ '.. May 7, 2002 City of Meridian Accounting/Payables Department 33 EastIdaho Avenue Meridian, ill 83642 Dear AccountingtPayables Department: Enclosed is a check in the amount of $27,296.00, issued as the 2002 payment by Woodbridge Community LLC for the Five-Mile Trunk Latecomers' Fee, pursuant to the attached letter to Brad. Watson, which was reviewed by the City Council. Subsequent payments will be made as outlined in the letter. " If you have questions, please contact me at 336-3430. Sincerely, Woodbridge Community LLC, an Idaho limited liability company By: O'Neill Enterprises LL , an Idaho limited liability company, it's M < By: Derick 0 'Neill, Manager whm Attachment cc: Mayor Robert Corrie City Council Members 0' HEILL EliHRP111S.S 100 N. 9TIi Sf., STE. 300 BOISE, [DAHO 83702 P: 2 0 a . 33 6 . 3 4 3 0 F: 20B.336.5296 WI'fII.llOOOB RrO~E-~ ERIDI!H .COM 90'<1 r.~: qr Tn. r;7 npf,1 ......c 7(' ("'rf"'-/""o t"""i.......7.......n t i ** TX CONF I RMr, . IN REPORT ** ( AS OF MAY 29 'b~ 16:42 PAGE. 101 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 02 OS/29 16:39 PUBLIC WORKS UF--S 01'15" 006 104 OK 133 105/29 16:410 212188881193 EC--S 01'29" 006 104 OK -------------------------------------------------------~----~------------------------------- 1::1:.::9. e0. 6~ Ndw O'Neill ~ Enterprises O"No~ E<t(Y!l!llle!> u.c leJHI,9<h!lt $\llIj2~ 601...., 10 OJ7~ 2(:6~~a ~OO,s$S2!lS.AX RECEIVED MAY 2 9 2002 ,""",Atlprop.c... City of Meddian City Clerk Office F.b-CS1MILIE DATE: May 29, 2002 TO FAX NUMBER: 888.4218 PLEASE DISTRIBUTE TO: Mayor Robert D. Corrie City Council Members BiU Nichols Brad Watson Stacey Kilcheomarm FROM: Derick O'Neill (Tel) .333.2404 (Fax) 336-5296 donei11@oeipro'P.com SUBJECT: Woodbridge Su.bdivision Five-.Mile Creek Sewer Latecomers Fees NUMBER OF PAGES INCLUDING COVER: 6 If you have questions regarding this fax transmission, please contact Wendy Mickler at (208) 333.24M 10'd 8t:91 GO. fiG nEW 96(,;<;-9~~-80l::X'e.:l S3SI&R!31N3 llI3N.O ~~:g! CO, oC A~W O'Neill ~ Enterprises O''Je~ EmgpnSlllllLC , 68 N. 911\ SI. SWle 200 6oI.e. D lI:mn xa.336.3430 208.:3;36.5296 FAX RECEIVED MAY 29 2002 www.Ot!/pnIp.cam City of Meridian City Clerk Office FACSIMILIE DATE: May 29, 2002 TO FAX NUMBER~ 888-4218 PLEASE DISTRIBUTE TO: Mayor Robert D. Corrie City Council Members Bill Nichols Brad Watson Stacey Kilchenmann FROM: Derick O'Neill (Tel) 333-2404 (Fax) 336-5296 donei ll@oeiprop.com SUBJECT: Woodbridge Subdivision Five-Mile Creek Sewer Latecomers Fees NUMBER OF PAGES !NeL UDING COVER: 6 If you have questions regarding this fax transmission, please contact Wendy Mickler at (208) 333-2406 1f)',-j 9.;': Q T 1f'l. (;7 n1?I,1 ()c;: 7("' _li!"'(' ('0" 7' . v,.... , ..........,..-.....,...., I~."""'- ____ ~~:~~ c0, 6Z ^~w O'Neill' Enterprises Q'Nol 81tcrpi'isos lie 168 N. 9tt1 St S<Ji(l3 200 Boi'll\', 10 63102 20M36.14:lO 2oa.3S6.5296 FAX www.ceiprop.cam RECEIVED MAY 29 2002 City of Meridian City Clerk Office. Via Facsimile (208) 888-4218 May 29j 2002 Mayor Robert D. Corrie City Council Members City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Woodbridge Subdivision Order of Conditional Approval of Final Plat Five-Mile Creek Sewer Latecomers Fees Site-Specific Comment #1 Dear Mayor Corrie and City Council Members: This letter is to outline the positton of Woodbridge Community LLC regarding the Five Mile Creek sewer latecomers fee. As we are aware, the Five Mile Trunk was a significant undertaking for the City of Meridian. It not only took numerous years to complete, but also to establish a guideline for latecomers fees. The Five Mile Trunk was completed in 1996. Woodbridge Community LLC made application for the Planned Unit Development in the fall ofl999. We received approval in December 1999. The latecomers fee for the project (and therefore for us) was not established until the first of the year 2002, more than six years after completion of the trunk, and more than two years after our PUD approval. We have always agreed that a latecomers fee would be due from Woodbridge. However, it has been very difficult to plan, budget and fmance fOT that expense without closure on the fee methodology and calcuLation. In December 2001, after working with staff members in the Public Works and Finance departments, we thought we had come to an understanding that seemed to satisfy both parties. W'd 8~:9~ cO, ~1, A~w ~M7c_aCC_O~7'YPJ ,-,"'i.....T'1 1"'-.""" I l 1_ -.......-...... - ~E:9r c0, 6c ^~W Woodbridge Community LLC agreed to the total amount to be paid ($136,480 I $1,706 per acre for 80 acres) and proposed to pay that amount over a five-year period of time. This schedule was outlined earlier to the City Council in conjunction with the review of the Phase II Woodbridge plat (See attached correspondence.) We regret that there appears to be a misunderstanding, as we have not at any time indicated that we would "protest" a payment plan other than what has been discussed. To the contrary, we have attempted to be positive and proactive in meeting our obligations. Although we understood that the City Council would need to give official approval of the five.yearpayment plan, it was our understanding that the tenns were acceptable to the staff members. Therefore, we proceeded in good faith, based on earlier discussions, and made the first payment, in the amount of$27,296, on May 2,2002. Within the past 48 hours, we learned that there has been a change in direction regarding the payment program (see attached memorandmn). At this moment, we are trying to address the new concerns of the City. While we are open to different ideas and terms of payments, we are not in a position to pay the latecomers fee in one payment, even for Phase IT. Due to the uncertainty of the final fee amount and payment schedule, our original project budget and financing did not plan for a traditiona11atecomers fee payment. However, we would be in a positlon to agree to a tbree~year program, taking into consideration our recent payment for 2002. We would see the three-year payment schedule outlined as follows: Terms: Three-year payback plus 4% interest per annum. Total Fee: 2002 Payment: Balance Due: $136,480 27.296 $109, 184 Payment Schedule: 2002 $27,296.00 (paid) 2003 $58,959.36 2004 $56,775.68 We know that sewer latecomers fee agreements are difficult for the City to monitor and manage, and that the City is concerned about setting a precedent. However, we feel that the current circumstances are unique to Woodbridge because of the timing previously mentioned. In subsequent cases, the fee structure and methodology will be known up front, and latecomers will have the infonnation to budget for their fees. 2 m'd B9:qT l,n, n1 nBW a~7c_acc_on7'YPJ (''''~'''I "., II t""" ___...... -. ~r:g1 20. 62 ^~W We urge you to give your approval to this revised payment plan, which, we hope addresses the concerns of the City, as well as provides a way for us to move forward. Thank you for your consideration of this matter. Sincerely, By: Woodbridge Community LLC, an tdah Ii lted liability company j By: O'Neill Enterpr Id 0 Ii ited liability company, its manager whm Attachments cc: Bill Nichols Brad Watson Stacey Kilchenmann 3 170'd 6~:91 zoo 6~ new Q~7C_QC~_Q07'X?J C'"JC'T.....I r....'.., I ...~.., ..,...,,.-,.. j " ~~:~~ c0, be ^~w ---.. .J M.lfniD.....""... .O....H) -.--= December 4, 2001 Mr. Brad Watson Meridian Public Works 660 East Watertower Lane Suite 200 Meridian, fdabo 83642 RE: Five-Mile rrunk Latec.omer Fee Dear Brad. This letter is in response to our meeting on the Five Mile Trunk Latecomer Fee. Per our discussion at that meeting, Woodbridge Community LLC would support your moving foxward to City Council forapprovaJ of the latecomer fee based on the revised numbers you bave presented to .lIS and with tlie as!iumption that a payment agreement can be reached per the'foltowing proposal. . Amount: $ r ,706/acre Quantity: ao.o acres (we i. .... ., <50-9 o.cre:s) Total Fee: ~136.4BO.OO Terms: 5- Y ear payback @ 20% of total fee per year plus 4% interest per annum. This proposal is consistent with the revised fee as defined by you as well as the payment agreement we suggested, and you indicated support of, at our last meeting. Please contact me at 336-3430 with any questions. Sincerely, Woodbridge Community LLC, an Idaho limited liability company By: O'Neill En~~~rises, R. n l.daho limite. ~ \iability c_any,i",\') oJ r -\ 11 't By: Qr:.J" '\\),....,. .t Derick O'Neill, Manager cc: L. Edward Miller, Esq. Gary Smith Bruce Freckleton O'NEILI. EIITEAPR ISES LOO fl. qrll Sr., Sf E.. 100 aUIS<. IDAHO B3702 P: 20B.336.3430 F: 2.0B.JJ6.S2gS SO'd II.. \l'.nOCOBRIDGe'~ERlDUII.CQ~ 6~:9t ~O, nl nEW qh1~-q~~-Q07:X?J C'-:J<:"T\J J"J"" hl-': ..,-,T...,.... I .-. .... ____._. .______..?~:':H cU, 6<::: Ab'W -. ~ May 7, 2002 City of Meridian AccountingtPayables Department 33 East Idaho Avenue Meridian, ill 83642 Dear AccountingiPayables Department: Enclosed is a check in the amount of$27,296.00, issued as the 2002 payment by Woodbridge Community LLC for the Five-Mile Trunk Latecomers' Fee, pursuant to the attached letter to Brad Watson, which was reviewed by the City Council. Subsequent payments will be made as outlined in the letter. " If you have questions, please contact me at 336-3430. Sincerely, Woodbridge Conununity LtC, an Idaho limited liability company By: O'Neill Enterprises LL , an Idaho limited liability company, it's M ( By: Derick 0 'Neill, Manager whm Attachment cc: Mayor Robert Corrie City Council Members O'NEILL ENHRPRISES 100 N. 9TH Sf" 5TE. 300 aOISE, {~AHO 83702 p, 208.336.3430 F: 208.936.5296 W\lffl.waCOaRIDGE.~.RIOj~H,C1lN 90'd 6~:9t GO. 6l n~W Qh1C_Q~~_Qn7'~PJ c-~("T'J t.....l, r 1..1-'1: ......,"'!"'.....,~. - May 24, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT Finance Department REQUEST Finance Report: May 29, 2002 ITEM NO. 7-A~ 1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: atcV MERIDIAN SCHOOL DISTRICT: rJ'~ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: I SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~& ~h.ed r: Y1.,or./VGtr0 <?efhn-t Contacted: Date: Phone: Materials presented at public meetings shall become property of the CIfy of Meridian. FINANCE REPORT Table of Contents Report Name Long Term I nvestment Status I nvestments and Cash WWTP - Budget to Actual Comparison Water - Budget to Actual Comparison General Fund - Budget to Actual Comparison General Fund Revenue - Budget to Actual Comparison Special Service Fund - Budget to Actual Comparison Overtime Report for FY2002 Police Dept Monthly Overtime Fire Dept Monthly Overtime Vacant Position Report Construction Project Report Capital Purchases Report - General Fund Capital Purchases Report - Enterprise Fund Potential Amendments MIP - Statement of Revenue & Expenditure Reports 1 of 16 RECEIV MAY 2 3 2002 CITY OF MERIDIAN C ITV CLERK OFFfCE Page # 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 CITY OF MERIDIAN LONG TERM INVESTMENT STATUS AS OF 4/30/2002 PORTFOLIO DISTRIBUTION $2,725,811 ~ Government Bonds III Certificates of Deposit o AdvIsor Money Market o Idaho State Pool $18,522,462 INVESTMENT TYPE - NET YIELD 0.06 0.05 0.04 0.03 0.02 0.01 o ... ~of'o'Eo 0\ 9'" 'iJo\.., 'l00\ ('iJo'l;o (f'of' !LO'Eo "'o;o)'~ S\'iJo\O "'~o !lo(f' ...,\\<;.'iJo 'iJof'O \o'iJo'(>.o GO GO" G'iJof>'(>. Long Term Investment Balance $978,939 by Fund $2,526,103 $828,806 11II General Fund III Cap Improve Fund D Enterprise Fund D Fire Truck Fund III Latecomer Fund D Park Impact Fees $30,373,394 CITY OF MERIDIAN INVESTMENTS AND CASH 4/30/2002 INTEREST RATE HISTORY 7.00% 6.00% 05.00% ...14.00% !:!:! 3.00% >- 2.00% 1.00% 0.00% - Checking .Account ~ Money Market -Idaho Pool 1fic9!De "",;:,t'Jet rnvestment .A9visbr Income Cf ~~ _"'~~ ",0 ~~ "?'~ ~. ":i::; .....s.~ ~C} '$:)& .,..& '$:)& '!:J& 'b-~ 'b-~ Cf ~~ J ~ "" 0'" "" "" ,:} ,0$ _"'~ "?'~ "?'V ~&' C} 0...... 0''''' ....'b-'" :;<;).... ~. ('~p~ 0 .:;;.0":;' <::lJ " <<.0 MONTH $1,600,000 $1,400,000 $1.200.000 $1,000,000 $800,000 $600,000 $400,000 $200,000 Investment Income - Budget to Actual Comparison l III Interest Income Total Budget ~ Interest Income Budget YTO o Interest Income Actual YTO ~ Interest Income Prior YTO $0 General Special Services Enterprise COMPARISON -INVESTMENT & CASH BALANCES $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 III FY2002 o FY2001 00 ~o ;>-<il/ 0'0,. ~h -<);'0 >.. <0<"... <'<il-o. 4.0", 00..0 c::s,U'A /1.:.... T& /, .."'..... a 0,- r. 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CAPITAL Approved FY2001 FY2002 Purchases Bud to Act DEPT Olv AccQunt In FY2002 BUDGET Carry-Forward AMOUNT FY2002 YTD Varrance Council 1120 94300 4 Laptops 10<00000 10.359.95 (35995) 1140 94300 NOT IN THE CAPITAL BUDGET 1.29394 (1.29394) laplOp for spa Mayor 1310 94300 replace Mayor computer wnaptop 1.90000 1.29394 606.06 Admin 1640 53804 Senior Center car 6.300.00 6,200.00 10000 pd 10 Senior C BUilding 1940 94300 replace Mindi's computer 2,500.00 2,500.00 Building 1940 99500 add to Capilallmprovemenl Fund 105,480.00 105.48000 Police 2110 94200 Fumiture tor new Station 67,870.00 8.619.89 59.250.11 Police 2110 94600 Intranet system for new Station 32,50000 25,079.85 7.420.15 Police 2110 94600 Phone system for new Slalicn 50,00000 33,534.00 16.466.00 Police 2110 96011 Construction of Road to new station 152,000.00 144,33000 7.67000 Police 2110 96011 Police Station addilianal construction costs 2,859,414.00 39,63000 1,792,80066 1,106,24334 Kreizenbeck Police 2121 94300 Digitat Camcorder 1,50000 1.500.00 PoHee 2121 94300 Digila! Camera 2,10000 2.10000 Police 2121 94300 NOT IN THE CAPITAL BUDGET 2,65003 (2.65003) Laptop Comp Poke 2121 94300 replace Computers (2) 3,000.00 4.06199 (1,06199) 2 Presario 17 Police 21.3 94100 replace Patrol Car #26 40,000.00 22,245.71 17,754.29 Remington 11 Police 2123 94100 replace Patrol Carll30 40,00000 21,36671 18,633.29 Remington 11 Police 2123 94100 replace Patrol Car#32 40,000.00 21,36671 16<63329 Remington 11 Police 2123 94100 Patrol Car 21,44171 (21,44171) 2123 94100 Patrol Car 20,607.25 (20.60725) Police 2123 94500 K9 Vehicle 40,000.00 23,144.60 16.855,40 Remington 11 Police 2123 94500 K9, equip & training 10,100.00 10.10000 Police 2124 94300 replace Computer SeNer 12,000.00 12,00000 Police 2124 94300 NOT IN THE CAPITAL BUDGET 7,857.98 (7,857.98} 3 computers,p Police .1.4 94310 Laserfische software 16,812.00 17,047.00 (235.00} Police .125 94100 New vehicle for ESRO Officer 20,000 00 16,944.90 3,055,10 Dodge Intrepi Police .125 94100 replace Invest Car #29 20,000.00 23,13591 (3,135.91} Chrysler 2001 Police .125 94300 Ieplace Com pulers (2) 3<00000 3,00000 PcHce 2135 94200 Furniture for Evidence Tech 2<80000 2,BOOOO Police 2135 94200 Furniture for PT Community Person 2,80000 2,800.00 Police 2135 94300 Computer for Evidence Tech 1,500.00 1,500.00 Police 2135 94300 Computer for PT Community Person 1,50000 1.500.00 Fire 2210 54000 SCBA Bollles & Packs 22,.0000 22,200.00 Fire 2210 92300 Training Props 50,000,00 50,00000 Fire 2210 93302 Qpliccm 10,500.00 11.91400 (1,41400) Locust Grove, Fire 2210 94100 New Vehicle 35,00000 29,21200 5,788.00 Ford Expedilio Fire 2210 94120 New Fire Truck 300,000.00 71.<5 299,928.75 Fire 2210 94300 Computer Server 7,500.00 7.500.00 2210 94300 NOT IN THE CAPITAL BUDGET 1,094.00 (1.09400) Computer for Fire 2<10 94400 Hose 7,085.00 4,931.10 2,15390 Hose Fire 2210 94400 Nonlas,lips, valves,sttainer, vesls,ladders>bag.s.eIC 30,965.00 20,678.40 10,288.60 masks.air pak Fire 2210 94400 Radios 2,250.00 7,380.00 (5,13000) 12 radios Parl<s 5200 93405 Storey Renovation 120,000 no 61,17606 56,823.94 Parl<s 5200 93409 Chateau Park Oevetopmenl 332,728.00 229,50077 103,227.23 Parl<s 5200 93411 Skate Parl< Development 119,785.00 8586 119,699.32 Parl<s 5200 93412 Chamber Reslroom Expansion 63<000.00 43,46245 19.537.55 Parl<s 5200 94300 replace Admin Assist Com puler 1,500.00 1,46900 31.00 Parl<s 5200 96900 Parl< Land 100,000.00 100,000.00 Parl<s 5200 96902 Bear Creek playground equipment 24,988.85 t.4,96885} Parl<s 5200 98903 58 Acre Park phase I 1,306,906.00 300,00000 129,369.00 1.477,53700 Parl<s 5210 92401 Asphalt Shop Yard 10,00000 10.00000 Parl<s 5210 94300 replaee Superinl Com puler 1,500.00 1,469.00 3100 Parks 5210 94401 Large Mower 58,000.00 57,226.7B 773.22 Admin 86001 Drug Seizure money, Care 10 Share, Fire PrelJ'enti 15,000.00 15.00000 99500 add 10 Capitallmprovemenl Fund 216,856.00 216.856.00 4,655,133.00 1,640,348,00 2<849,409.07 3,846,07193 CITY of MERIDIAN FY2002 Budget to Actual Capital Outlay General Fund YTD 04/30/2002 re enler uter - Compaq #705 00 computers -87 Weapon & 2001 Dodge Intrepid .87 Weapon .87 Weapon -87 Weapon rinter,monitor,usbport, d 300m Eagle & Pine Johnson s,defibs112 14 of 16 CAPITAL Approvcd FY2001 FY2002 Purchases Bud to Act OEPT Dlv Account In FY2002 BUDGET Carry-Forward AMOUNT FY2002 Valiance PW 3200 54120 upgrade to Windows 2000 11,800.00 8,377.57 3,42243 PW 3200 94200 Secretary desk & chair 1,300.00 1,300.00 PW 3200 94300 2 new computers 4,000 00 4,OOO.DO PW 3200 94300 Linex cube computer 2.00000 1,935.12 64.88 PW 320D 94300 NOT IN THE CAPITAL BUDGET 12,330.70 (12,330 70} i PW 3200 94300 replace Computers (4} 6,00000 6,000.00 PW 3200 94310 Aulocad Software 9,70D.00 9,616.65 B3.35 MUBS 3300 94300 replace Computers (2) 3,00000 2,733.00 267.00 WATER 3400 94300 replace Compuler 2,50000 2,50000 WATER 3410 93301 Upgrade Telemetry program 50,000.00 16,52326 33,476.74 t WATER 3410 95030 SS Interrogators (2} 10,000.00 9.34681 653.19 WATER 3410 95031 Firc Hydrant replaCemenlS {20} 90,000.00 31,200.00 58,800.00 WATER 3410 96111 Water Tower Upgrade 136,52800 8,446.51 128,08149 WATER 3410 96132 81h Street Landscape 17,04800 2.578 22 14,469.78 WATER 3450 94100 New 11210n Pickup for 8ackflow Inspector 14,950.00 14,922.65 27,35 WATER 3450 94300 Com puler for Backflow Inspector 2,100.00 2.19DDO (9000) WATER 3450 94300 Tokay Hand Reader for 8ackflow Inspeclor 2,300.00 1,069.36 1,230.64 WATER 3450 94300 Tokay license for Backflow Inspector 1,80000 805.00 995.00 WATER 3490 96112 Wcll #8 abandon 20,000.00 20,000.00 WATER 3490 96121 Well #21 addilional construction costs 54,42100 247.61700 95,89647 206<14153 WATER 3490 96131 Well #10 Bypass & Landscape 15,000.00 10,000.00 1,60000 23.400.00 WATER 3490 96133 Well #22 additional construclion costs 90,969.DO 110,000.00 222,224.25 (21,255.25} WATER 3490 96140 Water Main Extensions 200,00000 63,10933 136,890.67 WATER 3490 96147 Waterline Extensions phase III 497,148.00 10,99080 486,15720 WATER 3490 96148 Well #23 additional capital 349,361.00 110,000.00 171,691.80 267,48920 WATER 3490 96149 Well #24 additional capital 340,516.00 50,000.00 133,719.56 256,79642 WATER 349D 96150 Well #25 200,ODO.00 41,00 199,959.00 WNTP 3510 92100 Remodel Control Building 20,000.00 20,ODO.00 WNTP 3510 941DO replace 93 GMC Pickup 18,00000 18,15866 (158.68) WNTP 351D 94400 Diesel Tank 20,000.00 3,462,00 16,518.00 WNTP 3510 94400 Mill & Drill 4,000.00 4.81327 (813.27) WNTP 3510 94400 Misc Equipment 4,000.00 1,02375 2,97625 WNTP 3510 94400 Riding Lawn Mower 5,000.OD 2,679.97 2,320.03 WNTP 3520 96152 Creek CroSSings Slip lining 70,000.00 70,000.00 WNTP 3540 94100 New Small Pickup for Lab 14,800.00 11,767.14 3.03286 WNTP 3540 94200 Lab furnishings 1 D.DOO.OO 721.18 9,278.B2 WNTP 3540 94300 NOT APPROVED IN THE CAPITAL BUDGET 2,20638 (2.206.36) WWTP 3540 94310 Lab Software package 5,500.00 5,500,00 WWTP 3540 94600 Lab Phone System 5,OOOOD 5,000.00 WWTP 3590 93501 Planl Lighting project 25,00000 2,500.00 22.500.0D WNTP 3590 93505 Wh~te Trunk Sewer Exlension 2,539,599.00 306,900.64 2,232,696,36 WWTP 3590 96106 Lab Conslruction 559,873.00 466,515.53 93,357,47 WWTP 3590 96109 UVlOutfall Project 754,000.00 435,000.DO 451,54448 737,455.52 WWTP 3590 96141 WWTP Generator #3 68,17300 7,72947 60,443.53 WWTP 3590 96142 South Slough Sewer Extensions 1,027,723.0D 39,83693 987,686.D7 WWTP 3590 96143 WWTP cily waler project 72,8850D 20,984.54 51 < 90046 WWTP 3590 96144 Upgrade Ashford Lift Stalion 15,000.00 15,00000 WWTP 3590 96145 WWTP non-potable water project 92,96700 9,188.58 83,77842 WWTP 3590 96151 Predesign WWTP upgrade 9.0 MGD 200,000.00 88.80 199,911.20 WWTP 3590 961S3 Oigester By-pass lines 18,000.00 14,877.00 3,123.00 WWTP 359D 96154 Tertiary Filler By-pass lines 20,00D.00 20,000.00 WNTP 3590 96155 Waste Thickener Project 500,000.00 15,239.64 464,760.36 add 10 Enterprise Fund 2,036,39300 2,036,393.00 TOTALS ENTERPRISE FUND 8,636,231.00 4,552,960,00 2.193,42647 8,995,762.53 CITY of MERIDIAN FY2002 Budget to Actual Capital Outlay Enterprise Fund YTD 04/30/2002 nstall costs were nol included in enhancement Autocad Land Development Software 2 compaq computers elemetry reconfigure 2 interrogators Hydrant replacements Dimension 8200 Compuler Cassiopeia Pocket PC Mill $4195, eJdra parts $547.06 lab meler Compuler 15 of 16 en I- Z w :2 o z w :2 <( I- W (!) o :JN ZCOO <(...JO _<(N 0_0 o::l-(Y') wZ :2 ~.~ u.O<( Oa..u. >-NO !:::~en Uu.<( II) Ul I- o Z E .g o o 10 C:- <0 -"" m a; .f! 0. ~ 'tJ <.l .g: co 'c <0 <0 In "0 0 C if) 'c <l> C t; CO CO '0 N ~ c.c:: :E C o f:2 OJ 0. -c: o :;: <l> m ::J c.- OJ 'tJ <0 o C i ~ o l.... 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L.. ~ <<i - i~tn~:m~ ,~ ~ ~ ~ ~ = 0.. 8 .S: ,S: <D ~ - o <D ~ B ID ::J C <U '" ~ o o -.:t N~ N """ ~ Ol Ol Ol :S~~:S-:E ~ffiffi~~~ Q)>>IDQ.ID Q.Q)Cl)Q.mQ. 00::0::000 o o o -.:t N f<".I- zOO egg i= ci -.:t" ~~~ w~ o en Z e Uo.. 0::1- Ws ~S ~o 00 co ::2: w !:: coo 00 '<t LO "":0:1 f<".I-W ID U Ctl)~ m ~ :v J:~o ID u 5:'6 0..0.. o CD May 24, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT Finance Department REQUEST Purchasing Policy: May 29, 2002 ITEM NO. 7 ~AR2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: dftdK See Q}:ip-ched PUrlChctihi15 ~ot.d'_~ Date: Phone: Contacted: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIIJIAN PURCHASING POLICY DEPARTMENT OF FINANCE Adopted RECEIVED MAY 2 3 2002 CITY OF MERIDIAN CITY CLERK OFFICE Purpose Commodities and services purchased in the public sector represent a direct cost to the taxpayer. Every purchase that city employees make is subject to public scrutiny. Competition is the central principal of public procurement. The rules and regulations in this procedure were developed to encourage competitive solicitation for sound value, guard against favoritism and profiteering and promote the interest of local economies by providing equal opportunities to compete for government business. References Procedure detail can be found in specific purchasing and expenditure processing field memorandum. See Attachment A Definitions Public Purchasing: The purchasing or procurement of an item or a service that meets the need of the city, at the best price, from the most responsive and responsible vendor. Idaho Code: This policy refers to several Idaho Statutes. See attachment A for a list of all statutes that impact public purchasing. The city follows Title 50 Municipal Corporations Chapter 3 Powers and follows code written for state purchasing whenever practical. Purchasinq Ethics and Vendor Relationships Every city employee has a personal responsibility to conduct government business in an ethical manner and assure the integrity of the city purchasing and procurement processes. A. Prohibitions The City has adopted the following state statutes in regard to purchasing prohibitions: · I.C.#67-5726 - Conflict of interest regarding the holding of contracts or selling to the state property or supplies by state employees. Amend to read: ( ( Conflict of itllerest regarding the holding of contract or selling to the city property or supplies by city employees: · I.C.#67-5726 - Prohibition regarding the influencing or conspiring to influence public purchasing decisions and contract awards. Attempts at influence may include kickbacks and bribes, peddling or payment of a fee, back door selling, hard-sell tactics, fraternization, or offering gifts to avoid following published procedures or gain advantages. · I.C.#67-5726, I.C.#67-5717 - Circumventing Purchasing Authorization - Prohibits efforts by employees to obtain products or services by avoiding the competitive process by splitting purchases, creating false emergency situations and non-use of state-wide contracts. Amend "state-wide contracts" to contracts established by the City of Meridian. B. Code of Ethics All City of Meridian employees responsible for procuring goods or services will: 1. Follow the rules and regulations of the City of Meridian and the laws of the state of Idaho. 2. Avoid activities that would compromise or give the perception of compromising the best interests of the City. 3. Reduce the potential for any charges of preferential treatment by actively promoting the concept of competition. 4. Act as good custodians of public money by obtaining maximum benefit for funds spent. 5. Never solicit or accept money, loans, credits or prejudicial discounts, gifts or entertainment material in nature (generally exceeding $100) favors or services from your present or potential suppliers, which might influence or appear to influence purchasing decisions. C. Vendor Relationships Developing and maintaining good relationships with our suppliers is important. Maintain and practice, to the highest degree possible, business ethics, professional courtesy, and competence in all transactions. Adhere to and protect the supplier's business and legal rights to confidentiality for trade secrets, and other proprietary information. Procedure Acquisition cost includes unit price plus delivery and installation. I. PURCHASING AUTHORITY: each Department Director or designee within the city will have the authority to acquire goods or service in accordance with the following guidelines. { A. PURCHASEt> uP TO $1,000 Each Department Director or designee can make purchases up to $1,000 at their discretion without purchase orders or competitive bidding as long as the expenditure is within their appropriated budget. B. PURCHASES FROM $1,000 to $5,000 Such purchases can be made with the approval of the Department Director but must be accompanied by a purchase order. The approval should take place when the purchase order is issued, before any obligation has been incurred. If the item is already on contract or an open purchase order a purchase order is not required but the initial contract purchase order should be referenced on the invoice. C. PURCHASES MORE THAN $5,000 and LESS THAN $25,000 These purchases require informal, written bids and issuance of a purchase order. See informal bid procedures below. Each Department's City Council Liaison must sign all purchase orders in this range. D. PURCHASES $25,000 OR GREATER Expenditures at this level must go through a formal bid process in compliance with State Code Section 50-341. See formal bid procedures below. II. INFORMAL BIDDING A. At least three bids must be obtained and at least three of those must be from vendors with a significant Idaho presence if possible. There is no maximum number of bids. Idaho Code Section 50-341 defines significant Idaho presence as follows: "For the purposes of this section, any bidder domiciled outside the boundaries of the state of Idaho may be considered as an Idaho domiciled bidder, provided that there exists for a period of one (1) year preceding the date of the bid a significant Idaho economic presence as defined herein. Significant Idaho presence shall consist of the following: 1. That the bidder maintain in Idaho fully staffed offices, or fully staffed sales offices or divisions, or fully staffed sales outlets, or manufacturing facilities, or warehouse or other necessary related property; and 2. If a corporation be registered and licensed to do business in the state of Idaho with the office of the secretary of state." B. The request for quotation may be written or oral. Both must be documented with date, name or person providing quote and signed by the City employee obtaining the quote. C. Splitting of Requirements: Acquisition requirements shall not be divided to avoid bid statutes, rules, or policies. D. The award shall be made to the bidder offering the lowest acceptable quotation. The purchasing file will be fully documented for unacceptable quotations. This is to provide support documentation in the event of challenge by an unsuccessful vendor. 1. AWARDING BIDS - Awards may be made in any of the following ways. (Documentation demonstrating the informal bid process was followed needs to be forwarded to accounting with the request for payment.) a. Lowest Cost - Generally, awards are made to the lowest cost responsible bidder. Responsible bidder is defined as the vendor whose bid conforms in all material respects to the request for quotation and reflects the lowest acquisition price. Comparisons of costs should include all costs, including such items as delivery costs, setup charges, removal charges, labor charges, any additional materials required, and other elements described in the quotation. b. Best Value or Weighted Cost - To determine best value a weighted analysis may be used. In a weighted analysis, cost is only one factor in determining the award. Other factors may include evaluation of specifications, comparative performance examinations, vendor references, product usability, flexibility, maintenance, company resources, previous experience, etc, To assure a fair determination of award, identified factors are weighted according to importance in the overall purchasing decision. Relative scores are assigned to each factor, including price, to determine the lowest acquisition cost. c. Life - Cycle Costing Awards may also be made to bidders offering the lowest life cycle cost. Life cycle costing means the total cost of an item for its entire life span. It includes initial purchase price, operating supplies, maintenance, repairs, salvage value, and disposal costs. III. FORMAL BIDDING Purchases $25,000 and greater are processed using the formal bid process. There are two approaches to purchases of this size - a bid or a request for proposal. Bids are generally used for tangible property and in instances where the purchaser knows what they want and the goal is to obtain the best price. Requests for proposal are generally used for services and in cases where the need is known but all the solutions are not. A Bid 1. Developing Specification The term "specification" refers to a description of the characteristics or a commodity or service required. It is the explicit requirement furnished with a solicitation upon which a purchase order or contract is to be bases. Specifications are written not to restrict bidding but to encourage open competition. The goal is invite maximum reasonable competition. Checklist for Specifications: a. Specifications should be clear and accurate, yet simple. Do not make them so specific that a loophole eliminates competition and allows a vendor to take advantage of the purchaser. b. Specifications should be as flexible as possible. Inflexible specifications defeat the competitive bid process. c. Specifications must be written so it easy to check that the product or service meets the specification d. Specifications should be reasonable, unnecessary precision is expensive. e. Specification should be as fair as possible and allow for competitive bidding by several bidders. 2. Procedure for Bid Solicitation a. NOTICE - The notice inviting bids must set the date and place for the bid opening. The first publication shall be at LEAST two (2) weeks before the date of the bid opening. A longer time period might be preferable. Notice must be published at least twice, not less than one (1) week apart, in the official newspaper of the city. The notice should succinctly set forth the project to be done. Bid notice information must be forwarded to the City Clerk at least one full week before the first public notice is to appear. The notice must list the location of bid forms, bidders instructions, contract documents, general and special instructions, drawings and specifications as well as the name of the project manager. The city may require a deposit or charge for bid documents. b. PRE-BID CONFERENCE Pre-bid conferences may be held to explain the item or project requirements. They should be announced to all prospective bidders known to have received an Invitation to Bid. The conference should be held long enough after the Invitation to Bid has been issued to allow bidders to become familiar with the project but long enough after to allow consideration of the conference results in bid preparation. Nothing in the pre-bid conference can change the Invitation to Bid unless a change is made by written addendum. If a transcript is made, it shall be a public record. A pre-bid conference is an excellent way to receive vendor input prior to a bid opening. Vendors have the opportunity to point out inconsistencies in specifications or provide suggestions on technical specifications that may benefit the city. 3. ADDENDA TO INVITATIONS TO BID a. Addenda to Invitations to bid shall be identified as such and shall ask that the bidder acknowledge receipt of all addenda issued. The addendum shall reference the portions of the Invitation for Bid it amends b. Addenda shall be sent to all prospective bidders known to have received the invitation to bid. The City Clerk or Project Manager will notify all prospective bidders by fax or mail. c. Addenda shall be distributed within a reasonable time to allow prospective bidders the opportunity to adjust bid preparation. If the date and time previously set for the bid opening do not accommodate such preparation the bid opening time must be increased and once again all prospective bidders notified by the City Clerk or Project Manager. A bid opening time should be documented in the addendum. 4. BID OPENING AND EVALUATION a. All bids must be received in the City Clerks office by the date and time specified in the Invitation to Bid. b. All bids must be signed c. No bid received by the City may be withdrawn after the time set in the notice for the opening d. The project manager prepares the bid tabulation sheet before the bid opening e. The City Clerk publicly opens the bids at the time and place stated in the public notice. No person is denied the right to be present at the opening of bids. The first items read are the signature and the bid security information. If this information is not available the bid is void and cannot be considered. f. After the City Clerk opens the bid the bid amounts are read (unless the bid is obviously non-responsive). The City states that all bids will be thoroughly evaluated and a date set for council action. g. Bid results are available in the City Clerks Office to all interested parties. h. If the Lowest responsible bid is less than or equal to $25,000 council action is not required. (The Mayor must sign all City contracts) i. If two or more bids are the same the city council may accept the one it chooses. If no bids are received the council may make the expenditure without further compliance with this section. 5. Council Action for bid decisions that exceed $25,000 a. Staff recommendations are placed on the Consent agenda. If the item is controversial or reflects policy that has not been addressed it can be added to the Council agenda for discussion. Council may also pull Consent items and ask for discussion with staff. At their discretion staff may choose to not place the item on the consent agenda and may present the contract to the Council as a regular agenda item. b. The City Council may: 1. Accept staff recommendation 2. Approve an alternate bid in accordance with state statute and city policy 3. Defer action and request more information 4. Reject all bids and re-advertise 5. After rejecting bids the City Council may, after finding it to be a fact, pass a resolution declaring that the purpose of the expenditure can be realized more economically by day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, it may fulfill the purpose of the expenditure in the manner stated without further compliance with competitive bidding requirements. 6. If no bids are received the City may make the expenditure without further compliance with competitive bidding requirements. This includes buying the material and supplies and/or having city employees do the work. 7. The City Clerk or Project Manager will notify the successful bidder of the award of the bid. 6. MISTAKES IN BIDS a. A bidder may correct mistakes discovered before the time and date set for the bid. b. If the mistake in the bid is due to an error in judgment the bid may be only withdrawn if it is not contrary to the interest of the City or the fair treatment of other bidders. c. If the error is an obvious mistake and the bidder acknowledges the error the bid may be withdrawn or corrected. 7. ADDITIONAL PUBLIC WORKS REQUIREMENTS Public Works contractors have additional requirements for construction projects. 1. Must be bondable for performance and payment 2. Must have a Public Works license through the State of Idaho 3. Must have class of license specific to dollar value of project 4. Must satisfy insurance requirements 5. May have to hold certain specialty license IV REQUEST FOR PROPOSAL A. A request for proposal is generally utilized in the acquisition of services or complex purchases. A RFP describes a problem or need in general terms and seeks a written response including pricing information, which describes the solution or means of providing the property requested by the request for Proposal. Price might be an evaluation criterion for proposals, but will not necessarily be the predominant basis for contract award. B. Specific criteria are applicable to professional service contracts with design professionals, construction managers, and professional land surveyors. These criteria are described in Idaho Statute 67-2320 State Government and State Affairs, Chapter 23, Miscellaneous Provisions, Professional Service Contracts With Design Professionals, Construction Managers And Professional Land Surveyors. C. To choose between a request for proposal or competitive sealed bidding consider the following factors: 1. Whether the relative skills, expertise, or technical capability of the offers will have to be evaluated 2. Whether the cost is secondary to the characteristics of the property or service sought, as in a work of art 3. Whether the conditions of the service, property or delivery conditions are unable to be sufficiently described in the Invitation to Bid, 4. Whether the acquisition is for highly complex or technical property of services and evaluation of the vendor's approach, management capabilities, innovation, or other technical factors are secondary to cost. D. The RFP is written so that potential offerers understand the problem they are being asked to address. Any limits or conditions that apply must be included. The RFP must state in general terms all of the evaluation factors and their relative importance, including price. E. Evaluation of Proposals The evaluation must be based on the evaluation factors set forth in the RFP. Numerical rating systems are generally used but are not required. Factors not specified in the Request for Proposal shall not be considered in evaluating offers or determining award of contract. F. Award 1.A written determination shall be made explaining how the award was found to be most advantageous for the agency based on the evaluation criterion set forth in the Request for Proposal. 2. If only one proposal is received in response to a Request for Proposal, the City, as it deems appropriate, may make an award, reject the proposal, or if time permits, re-solicit for the purpose of obtaining additional proposals. v. DETERMINATION OF NEED TO CONTRACT (. / . I A. A contract may be established as the result of a bia or a RFP. Agreements where someone is performing a service defined by the City that will exceed $5,000 generally require a written contract. B. The Mayor must approve contracts for $25,000 or less. C. All contracts exceeding $25,000 will be placed on the city council consent agenda. If the council requires discussion they can be pulled from the consent agenda and discussed. Staff may also request such contract not be placed on the consent agenda. D. The city attorney must review all contracts for legal adequacy, t€~frv ? · re Vi e (;J . (ct01'V'P E. All contracts must be signed by the Mayor, City Clerk attests Signature, F. The original signed copy of every contract must be retained in a CE the City Clerk's office. A copy must be retained in Finance for c and audit purposes. G. The City Attorney must approve any decision made to breech a conlract due to failure to perform. The City Attorney will perform the steps necessary to legally terminate the contract. VI. LEASES A. The City may, subject to competitive bidding requirements, enter into lease agreements. B. All leases exceeding $25,000 will be placed on the city council consent agenda. If the council requires discussion they can be pulled from the consent agenda and discussed. C. The city attorney must review all lease agreements for legal adequacy. D. The Mayor must sign all lease agreements and City Clerk attest to Mayor's signature. E. The original signed copy of every lease agreement must be retained in a central file in the Finance office. VII. Risk Management and Insurance Requirements A. Public Works is responsible for ensuring that all insurance requirements are met for their projects. Public Works will maintain necessary documentation in their offices and have available for audit upon request. B. Project Managers for all other city contracts that require insurance will be responsible for obtaining proof of insurance and having the documents available for audit upon request. B. Workman's Compensation - providers of services to the city may be required to file a certificate of Workers Compensation Insurance. Each department is responsible for ensuring a copy of the certificate is filed with the contract if ( ( appropriate. . 00ntact the City Treasurer to determine if the certificate is necessary . VIII. EXCEPTIONS TO COMPETITIVE BIDDING A COOPERATIVE BIDDING The Department may use the established state, federal, city, or county contracts to make purchases. Attach a printout of the pertinent information from the state's web page to the purchase order. The Division of Purchasing contract information is located at: http://www2.state.id.us/adm/purchasinQ/aQvinfo.htm Departments may also piggyback on other city or county bids within six months of the original bid award if the pricing is consistent the original bid and the bid process followed state statute 50-341 and state statute 67-2349. All bid documentation must accompany the purchase order. City employees are strongly urged to use State of Idaho contracts. State contracts are developed to include price, delivery, reporting capability and other beneficial services. They meet the important competitive bidding criteria and save the time and effort the employee spends shopping around. A EMERGENCY PURCHASING Any sum may be expended by the city in the event of an emergency. The Mayor must designate the emergency and provide expenditure approval. Per Idaho Statute 50-341 in the event of an emergency such as "extraordinary fire, flood, storm, epidemic or other disaster, of it is necessary to do emergency work to prepare for national or local defense or to safeguard life, health, or property." Such contracts may not be for a period that exceeds one year. B. SOLE SOURCE PURCHASING - Purchases under $25,0000 Competitive bidding requirements may be waived if the there is only one vendor for the goods or services to be acquired: Sole source acquisitions must be approved by the department's liaison prior to purchase Examples of sole source purchases: · Where the compatibility of equipment, components, accessories, computer software, replacement parts, or service is the paramount consideration · Where a sole supplier's item is needed for trial use or testing II Purchase of video's, books, or other copyrighted materials ., Purchase of property for which it is determinea there is no functional equivalent CD Purchases of public utility services C. PROFESSIONAL OR CONSULTANT SERVICES - contracts less than $25,000 Professional service contracts for less than $25,000 may be entered into without formal bidding. Professional service contracts require review by the City of Meridian attorney for legal adequacy and the Mayor's signature. Consultant Services: Work rendered by either independent individuals or firms who possess specialized knowledge, experience, and expertise including but not limited to such areas as management, personnel, finance, accounting, planning and data processing. The consultant's work will be performed according to the consultant's methods without being subject to the control of the city. Professional Services: Work rendered by an independent contractor who has a professional knowledge of some department of learning or science. This includes but is not limited to accounting and auditing, legal, education, engineering, architecture, and research. SPECIAL CONDITIONS EXIST FOR PROFESSIONAL SERVICE CONTRACTS WITH DESIGN PROFESSIONALS, CONSTRUCTION MANAGERS, AND PROFESSIONAL LANS SURVEYORS. SEE IDAHO CODE 67-2320 Use Internet to go to Access Idaho - Government - Legislature- Idaho Statutes - Title 67 - Chapter 23 D. Use of Correctional Industries The city can purchase Correctional Industry furniture and other goods or services without competitive bidding. The city may also utilize Idaho Department of Correction labor crews without competitive bidding. IX. PAYMENT PROCESSING A. Access Purchase Order System This system was designed to bring uniformity to the City's purchase orders and to give Departments their actual budget balance at any given time. To maintain accuracy it is important that all purchases be entered into the system, regardless of amount. Purchases under the purchase order requirement dollar limit may be entered in the system without generating an actual purchase order. This system is not linked to the City's accounting system so the balance in the purchase order system must be balanced to the accounting system financial reports on a monthly basis. B. Purchase Order Requirements { ( 1. The purpost:: of a purchase order is to obtain and document approval to purchase BEFORE the purchase is made. The purchase order should be completely filled prior to approval. 2. All fields on the purchase order should be filled out: a. Bill To: City Hall address b. Ship To: Purchaser's Location c. Complete vendor name and address d. Item description, account coding and price e. Reason for purchase 3. There is a cost associated with generating purchase orders. Recognizing this the City does not require purchase orders for purchases under $1,000, items on an existing contract (reference original purchase order number on invoice), or utility charges. C. Invoice Processing 1. All invoices will be processed and paid by the City's Finance Department. All vendors should be directed to use one address, the city hall address: City of Meridian Attn Accounts Payable 33 East Idaho Meridian, Idaho 83642 D. Central accounts payable will open mail and distribute invoices to the correct departments. Statements will be retained and reviewed in Accounts Payable. 1. All receiving documents must be initialed and dated and included with the payment invoice. 2. Upon receipt of invoice departments will match receiving documents, purchase orders if appropriate, bid documents if appropriate, to invoices. 3. Each invoice will be stamped with a stamp that provides Accounts Payable with the information necessary to enter the invoice in the accounting system. This information includes Account number or numbers, Purpose of Purchase, and Approval Signature 4. Completed invoices should be sent back to the City Hall Accounts Payable office as soon as necessary documents are assembled. All invoices for the month MUST be received in Accounts Payable by the 5th of the following month. 5. Purchase orders or either the department head or the city council liaison must sign invoices before they are sent to Finance. 6. Accounts Payable will batch department payment requests and generate and mail vendor payments. Invoice is paid the 10th of the month following the date of the invoice. 7. Review of Purchases The accounting department will review invoices for compliance with city and statutory rules and regulations. However the primary responsibility for the propriety of the expenditure rests with the Department Director who signed the invoice. 8. Opening Credit Accounts For purposes of good internal control the use of store lines of credit will be discouraged. The decision to open a line of credit is the responsibility of the Finance Director. City employees are not authorized to open lines of credit and apply for and receive charge cards. Such accounts will be canceled. UX. SURPLUS PROPERTY A DEFINITION OF SURPLUS PROPERTY Personal property owed by the city where the cost of maintenance, transportation, storage, or other costs exceed the economic or useful life of the property , B. DISPOSAL Surplus property will be disposed of in the manner that maximizes the value received by the City of Meridian in accordance with the following guidelines: All employees of the City, including their spouses, dependents, or any person acting on the employee's behalf, are prohibited from acquiring surplus property form the City UNLESS the property is acquired through a competitive bid process, such as an auction or sealed bid. C. GUIDELINES The following guidelines determine the method used to dispose of property. Nominal Value: 1. Item has a value of zero or less than what it would cost to dispose of the property. 2. Dispose of item by donating to charitable organization that qualifies under Section 501 (c) and 501 (c) (19) of the Internal Revenue Service or to any state or local government pursuant to I.C 50~1405 or: Dispose of item at local refuse site or have it removed by outside party willing to pay for removal. Less Than $1,000 Value Sell or transfer to another state or local government pursuant to I.C. 50- 1405 without public advertisement or competitive bid or: Sell at public auction conducted by a licensed auctioneer or: Sell to the highest bidder in response to notice of public sale advertised for at least one week in a newspaper of general circulation. Greater Than $1,000 Value Sell at public auction conducted by a licensed auctioneer or: Sell after receipt of sealed bids to the highest responsible bidder after notice of public sale. D. EXCEPTIONS With approval from the City Council and the Mayor items of greater than nominal value may be donated to 501 ( c) (3) and 501 ( c ) (19) charitable organization or to the state or other local governments pursuant to I.C. 50-1405. E. PROCEDURES FOR DISPOSAL 1. To dispose of an item a Property Disposal Authorization Request must be completed. See Attachment B, Property Disposal Authorization Request 2. Once the form is complete it should be routed as follows: a. Signature (and date) of Department head b. Send to Accounting Department. Accounting will review the form for completeness, sign, and date. c. Accounting will route to Mayor for approval, Mayor will sign and date and return to accounting. d. Accounting will return the Property Disposal Authorization Form to the requesting Department so they can proceed with disposal. A copy of the form will be maintained in Accounting. e. Once the property is disposed of the Department will note on the form the final disposition of the property and forward to Accounting with asset change form. f. It is the responsibility of each Department to document actual final disposal of the property. Failure to do so will be noted on the monthly property disposal report prepared for the Mayor and Council. g. Accounting will update the fixed asset system and remove the item. Accounting will retain the documentation for audit purposes. h. Once a month accounting will prepare a report for the Council summarizing the month's disposal requests and actions. The council president will initial the report indicating that it has been reviewed. May 24, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department REQUEST Award of 2002 Fire Hydrant Project: May 29, 2002 ITEM NO. 7-8-1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CfTY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: see.. CLURChu{ YYlVfYl,O co,J k > (~ 111 zJ" (1 fJ7 /L '1 v r.: ~ ' (j)fiJ'VV &;: 1 f I #1") Date: Phone: Materials presented at public meetings shall become property of the City ot Meridian. RECEIVED To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 5/2/2002 Re: Proposed Agenda Items for May 29, 2002 City Council Meeting l{)j~ ""('1"l rv; ,;\ L J 2002 CITY OF MERIDIAN CJTY CI ERK nl=l=ICF it. The Public Works Department respectfully requests the following items be placed on the May 29 City Council agenda, under Department Reports, for Council's consideration: Award of the 2002 Fire Hvdrant Proiect. This project includes replacement of 5 hydrants and installation of 5 new hydrants. Three bids were received for this Project as shown in the attached Table and summarized below. . Start Construction Bitterroot Construction Irminger Construction $31,958.00 $34,890.00 $41,500.00 . . Start construction has the lowest bid and has performed this type of work for the city in the past. Account 60-3410-95031 has over $50,000 remaining in the budget for this expenditure. Recommended Council Action; The Public Works Department recommends that City Council award the contract for The 2002 Fire Hydrant Project to Star Construction for the amount of $31,958.00 and authorize the Mayor to sign and the City Clerk to attest the agreement. Award of the WWTP Liqhtinq Proiect. This project includes installation of eight new light poles and all of the associated electrical work at the WVVTP. Three bids were received for the WVVTP Lighting Project as shown below: From the desk of.,. . Custom Electric Turnkey Construction Guho Construction $22,500.00 $24,500.00 $29,500.00 Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . (208) 898-5500 Fax: (208) 887-1297 gradyJ@Ci,meridian.idus . . Page 1 Custom Electric has the lowest bid and has worked on several similar projects at the plat in the past. Account 60-3510-93501 has $22,500 remaining in it. Recommended Council Action: The Public Works Department recommends that City Council award the contract for The WWTP Lighting Project to Custom Electric for the amount of $22,500.00 and authorize the Mayor to sign and the City Clerk to attest the agreement. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 Item 1 2 3 4 5 6 7 8 9 10 11 TOTAL 2002 Fire Hydrant Project Description Mobilization Replace Hydrant at East 2nd and Carlton. New Hydrant at West 1st and Washington New Hydrant at East Ada and 3rd Street. New Hydrant at East 3rd and Broadway. New Hydrant at 1400 NW 8th Street. New Hydrant at West 15th and Tana. Replace Hydrant at NW 12th and Newport Drive. Replace Hydrant at 1533 Elm Place. Replace Hydrant at 1424 West Chateau. Replace Hydrant at 1532 West Chateau. Units LS LS LS LS LS LS LS LS LS LS LS Star Construction 340.00 2,295.00 3,826.00 3,366.00 3,776.00 4,011.00 4,037.00 2,660.00 2,600.00 2,535.00 2,512.00 31,958.00 Bitterroot Construction 700.00 2,300.00 4,300.00 4,240.00 4,300.00 4,600.00 5,170.00 2,470.00 2,320.00 2,190.00 2,300.00 34,890.00 Irminger Construction 4,000,00 3,000.00 4,500.00 4,500.00 4,500.00 4,500.00 4,500,00 3,000.00 3,000.00 3,000,00 3,000.00 41,500.00 EJCOC Standard Form of Agreement Between OWNER and CONTRACTOR On the Basis of a Stipulated Price THIS AGREEMENT is dated <lS of the 9' !! day of ::r ., \5 in the year 2002.by <lnd between Cily of Meridian, Ada County, Idaho (hereinafter called OWNER) and J...../ CO....~~......... ~"cJ_ (hereinafter called CONTRACTOR). OWNER and CONTRACTOR. in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. CONTRACTOR shall complete all Work as specified or indicated in the contract Documents. The WORK is generally described as follows: The project consistes of replacement of 5 fire hydrants and installation of 5 new fire hydrants It is the intent of these documents to describe the work required to complete tltis project in sufficient detail to secure comparable bids, All parts or work not specifically mentioned which arc necessary in order to provide a complete installation shall be included in the bid and shall confonn to all Local. State and Federal requirements. Article 2 ENGINEER. The Project "2002 Fire Hydrant Project" has been designed by City of Meridian who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. 3,1. The Work will be completed within 45 days from the date when the Contract Time commences to run as provided in paragraph 2,) of the General Conditions, and completed and ready for final payment in accordance with paragraph 14,1) of the General Conditions, 3,2, Uquidaled Damages. OWNER and CONTRACTOR recognize that lime is of the essence of this Agrcemenl. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one hundred ($100) dollars for each calendar day that expircs after the time specified in paragraph 3,1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER. the OWNER may withhold moneys from the contract and complete remaining work as required. Article" CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds in accordance with unit prices bid: see Exhibit A to this Agreement. Article 5 PA YMENT PROCEDURES. The CONTRACTOR shall submit Applications for Payment in accordance with ARTICLE 14 of the General Conditions. ENGfNEER will process applications for Payment as provided in the General Conditions, 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 25th day of each month during construction, as provided below, for Applications submitted to the Engineer prior to or on the 25th day of the previous month, All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4 and in the case of Unit Price Work, based on the number of units completed, 5, L I Prior 10 Substantial Completion, progress payments wi.ll be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER. shall determine. or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 2002 Fire Hydrant Project Page I of 5 0;:/" 100 % of work completed (less 5% retainage), 100 % of materials and equipment (less 5% retainage) not incorporated in the Work (but delivered. suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14,2 of the General Conditions), 5.1.2 Upon Substantial Completion, in an amount sufficient 10 increase total payments to CONTRACTOR Lo 100% of the Contract Price, less such amounts, as ENGrNEER shall determine, or OWNER may withhold. in accordance with paragraph 14,7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph I.t 13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14,13. Article 6 INTEREST. All moneys not paid when due as provided in ARTICLE 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of Project, Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement CONTRACTOR makes the following representations: 7,1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents. Work. site. locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress. performance or furnishing of the Work. 7,2 CONTRACTOR has studied carefully all drawings of physical conditions which are identified in the Supplemental Conditions, as provided in paragraph 4.2 of the General Conditions, and accepts the detennination set forth in ARTICLE 4 of the Supplemental Conditions of the extent of the technical data contained in such drawings upon which CONTRACTOR is entitled to reply, 7.3 CONTRACTOR has obtained and carefuJly studied (or aSsumes responsibility for obtaining and carefully studying) all such examinations. investigations. explorations, tests, reports and studies (in addition to or to supplemenlthose referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the sitc or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and condilions of thc Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specific.:1l1y the provisions of paragraph 4.2 of the General Conditions: and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data arc or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or wi!! be required by CONTRACTOR in order to perform and Furnish the Work at the Contract Price, within the Contract Time and in accordancc with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations. tests, reports and studies with the tenns and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGfNEER written notice of all conflicts, errors or discrepancies that the Contractor has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 2002 Fire Hydrant Project Page 2 of 5 Article 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8. I This Agreement. 8.2 Exhibits to this Agreement. 8.3 Performance and other Bonds. 8.4 Notice of Award. 8.5 Acceplance of Notice of A ward 8.6 Genera! Conditions. S.7 State of Idaho Tax Reporting Requirements 8.8 Supplemental General Conditions. 8.9 Technica1 Specifications. 8, LO Drawings, 8.11 Appendix. 8,12 Invitation To Bid, 8.13 lnfonnation for Bidders. 8,14 Addenda. 8. [5 CONTRACTOR's Bid. 8.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.17 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifYing, or supplementing the Contract Documents pursuant to ARTICLE 11 and ARTICLE 12 of the General Conditions_ 8,18 The documents listed in paragraph 8,2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in !.his Article 8. The Contract Documents may only be amended, modified or supplemented as provided in ARTICLE II and ARTICLE 12 of the General Conditions. Article 9 MISCELLANEOUS. 9, [ Terms used in this Agreement, which are defined in ARTICLE I of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interest in the COnlract Documents will be binding on another party hereto without the written consent of lhe party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect ofthis restriction may be limited by law), and unless specifically stated to 2002 Fire Hydrant Project Page 3 of 5 the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.] OWNER and CONTRACTOR each binds itself. its partners, successors, assigns, and legal representatives to the olller party hereto, its partners, succcssors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreemcnt will be effective on :r....ty 8' ,2002. Owner .C'I.J.- O~~l~~~ /'-::-:: :~1.~C .,'/ /,'f.. . t, '\0""""-. ~:. v'l,..~~ ' - By: .,':,..-' Atte WiIIiam G. Berg, Jr. City Clerk Address for giving notices 3 J East Idaho A vc. Meridian, ID 83642 Public Works Liccnse No, COO",,<IO' S"TW ~C?7dlV C:-L C, BY:~ ,~ Name; 4--?; L- ,./. -7:~ /,,;1/6 &---Z- , [CORPORATE SEAL] Attest \~~ 1;;:--'~t-^-.. l"-~ Address for giving notices ,/?c;. &/ /57 ::5~ .::z-P;f-I;t) B366 '7 /t/4/Zra --8- L/ . If CONTRACTOR is a corporation, attach evidence of authority to sign if other that Presidcnt signing 2002 Fire Hydrant Project Pagc 4 of 5 Item 1 2 3 4 5 6 7 8 9 10 11 TOTAL Exhibit A Units Description Mobilization Replace Hydrant at East 2nd and Carlton. New Hydrant at West 1 st and Washington New Hydrant at East Ada and 3rd street. New Hydrant at East 3rd and Broadway. New Hydrant at 1400 NW 8th Street. New Hydrant at West 15th and Tana. Replace Hydrant at NW 12th and Newport Drive. Replace Hydrant at 1533 Elm Place. Replace Hydrant at 1424 West Chateau. Replace Hydrant at 1532 West Chateau. LS LS LS LS LS LS LS LS LS LS LS 2002 Fire Hydrant Project Cost $340.00 $2,295,00 $3,826.00 $3,366.00 $3,776.00 $4,011.00 $4,037.00 $2,660,00 $2,600.00 $2,535.00 $2,512.00 $31,958.00 Page 5 of 5 Colonial American Casualty and Surety Company PERFORMANCE BOND AlA 311 Equivalent Bond No, 08646660 KNOW ALL MEN BY THESE PRESENTS thatSTAR CONSTRUCTION, L.L.C. 3624 NORTH CAN-ADA RD; NAi\'lPA, ID. 83687 as Principal, hereinafter called Contractor, and Colonial American Casualty and Surety Company, a corporation duly organized under the laws of the State of Maryland, as Surety, hereinafter called Surety, are held and firmly bound unto COLONIAL AMERICAN CASUALITY AND SURETY CO. 33 ROCKHILL RD; BALA CYNWYD, PA.19004 as Obligee, hereinafter called Owner, in the amount of THIRTY.ONE THOUSAND, NINE HUNDRED FIFTY-EIGHT DOLLARS AND 00/100---------.--- Dollars ( $31,958.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally by these presents. WHEREAS, Contractor has by written agreement dated (dated no later than this bond) entered into a contract with Owner for CITY OF MERIDIAN; 33 EAST IDAHO A VENUE; MERIDIAN, ID 83642 total contract amount being $31,958.00 and in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default and terminated under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor, Any suit under this bond must be instituted before the expiration of two (2) years {three (3) years for projects in North Carolina} from the date on which final payment under the Contract falls due, No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this 20TH day of .ruNE ,200 2 itness) ;/J//' (Seal) - '/(C?dC{j,e...-r- (Title) Company .~~~d ~hVU-L-(,,,---O:L-c --- (Witness) Colonial American Casualty and Surety Company LABOR & MATERIAL PAYMENT BOND AlA 311 Equivalent Bond No 08646660 KNOW ALL MEN BY THESE PRESENTS that: STAR CONSTRUCTION, L.L.C 3624 NORTII CAN-ADA RD. NAMPA, ID. 83687 as Principal, hereinafter called Principal, and Colonial American Casualty and Surety Company a corporation organized under the laws of the State of Maryland, as Surety, hereinafter called Surety, are held and firmly bOllild unto CITY OF MERIDIAN 33 EAST IDAHO A VENUE MERIDIAN, ID, 83642 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of THIRTY-ONE THOUSAND NINE HUNDRED FIFTY-EIGHT DOLLARS AND 00/100--------- D II ($3 I ,958.00 ) , 0 ars , for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated (dated no later than this bond) entered into a contract with Owner for 2002 FIRE HYDRANT REPLACEMENT total contract amount being$31,958.00 in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used orreasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: I, A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. Page 1 of 2 3. No suit or action shall be con11l1enced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed, Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transactions of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (I) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law:. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4, The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of Mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond, Signed and sealed this 20TH day of JUNE 200~ \},.~S'-.\..JR .... . ~.J<.."'-\\,'-I--L\ ~ ' () itness) 0;- (Seal) BY' ;~.l-/ ~ (Title) ~Btt-i ( 'J JEN E M, PRICE ....-- (Witness) (Attorney-in-Fact) Page 2 of 2 08646660 296 Power of Attorney COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICAN CASUALTY AND SURETY -< COMPANY, a corporation of the State of Maryland, by F. L. BORLEIS, ~e;*resident, and T. C. JOHNSON, Assistant Secretary, in pursuance of authority granted by Article VI, sect~'on 2, l\~y-Laws offsil:~ompany, which are set forth on the reverse side hereof and are hereby certified to be in full. I. effect on~~e hereof, does hereby nominate, constitute and appoint Irwin L. ROGERS and Karyl A~ ER, bO~~lse, Idaho, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and d$1~;' for, a1J~~t}t,ehalfas surety, and as its act and deed: any and all bonds.and undertakings, each in a.p~13~ot to excee(the- sum of SIX MILLI.O~ DOLLA~S ($6,000,000) and the execution of such bonds or undert~gs.;m pursuanu~ese presents, shall be as bmdmg upon saId Company, as fully and amply, to all intents and B1!~~' as ifth~~een duly executed and acknowledged by the regularly elected officers of the Company at its offic~'slilBaltim~!;& ~,?,in their own proper persons. The said Assistant Secretary does he~e~ rn'fy that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the BY~La~~itr Company, and is now in force, IN WITNESS WHEREOF, ~Qid Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 16th day of May, A.D. 2000. ATTEST: ~ (j{SEAL~) \~,--/{I! ~. COLONIAL AMERICAN CASUALTY AND SURETY COMPANY v72 By: odctL~dl F. L. Borleis Vice-President T. C. Johns State of Maryland } ss: County of Harford On this 16th day of May, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came F. L. Borleis, Vice~President and T. C. Johnson, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company jlforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ~ ' ---~ '-.C/~' Patricia A. Trombetti /' Notary Public My Commission Expires: October 9,2002 L1428-186-2098 Meridian City Council W 'ng May 29, 2002 Page 38 of 52 tapped into the existing water line then there's a length of pipe that's extended, excuse me, a valve is installed on that tapping T. The length of pipe is extended then, from that point out to the location of the fire hydrant. Then the fire hydrant is installed and thrust blocks are poured and so it's all the materials and the installation. Bird: Thank you. De Weerd: Any other questions? I would entertain a motion. McCandless: Madam President. De Weerd: Mrs. McCandless. McCandless: I move that we award the contract for the 2002 Fire Hydrant Project to Star Construction in the amount of $31, 958 and authorize the Mayor to sign and the Clerk to attest. Nary: Second. De Weerd: It's been moved and second to approve the award for contract to Star Construction. Any discussion? Hearing none. All those in favor say-oh, do we need a roll call vote? Berg: Madam President. I'll do a roll call vote. Thank you. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. MOTION CARRIED Smith: Thank you, Mayor and Council. The second item I have is the award of Wastewater Treatment Plant lighting project. This project was installation of eight new light poles and the associated electrical work at the Wastewater Treatment Plant. Three bids were received. Custom Electric, Turnkey Construction and Guho Construction. Custom Electric was the low bidder at $22,500, Turnkey at $24,500 and Guho Construction at $29,500. Custom Electric has done other projects at the plant and they've done very good work. I've been very please with the quality of their work and the timeliness of their work. We would recommend, with the amount being available in the budget, that we recommend the Council award the contract to Custom Electric in the amount of $22,500 to authorize the Mayor to sign and the City Clerk to attest. Corrie: Okay. Any questions or discussion? Bird: I have none. Corrie: Okay. I'll entertain a motion on the request. Meridian City Council W 19 May 29. 2002 . Page 37 of 52 Nary: The 24th. Bird: The 24th. That's right. We're going to run Monday because we have to be in Pocatello. Corrie: Would you also make sure that we get that in the paper that we're going to meet on the 24th rather than the 25th? Berg: Mr. Mayor? Just to make a comment. I will have to at least notice our agenda for that special meeting because that's what it is, is a special meeting. So, when it gets closer to what we know for the agenda, at least, 72 hours in advance, I'll make sure we get that. Corrie: Okay. Public Works Department. B. Public Works Department: 1. Award of 2002 Fire Hydrant Project: 2. Award of Waste Water Treatment Plant Lighting Project: 3. White Drain Sewer Trunk - Crossing and Easement Agreement with Settlers Irrigation District: Smith: Thank you, Mr. Mayor. Council members. The first item I have is the project for replacement and installation of some new fire hydrants. We've got five fire hydrants to replace and five new fire hydrants to install. The project was bid and the low bidder is Star Construction for $31,958. We have approximately $50,000 remaining in the budget line item for this type of expenditure. The other two bidders are Bitterroot Construction at $34,890 and Irminger Construction at $41,500. So, based on the results of the bid, we would recommend that the Council award the contract for the 2002 Fire Hydrant Project to Star Construction for $31,958. Authorize the Mayor to sign and City Clerk to attest. De Weerd: Thank you, Gary. Any discussion, Council? Bird: Madam President? De Weerd: Yes, Mr. Bird. Bird: I've got one question, Gary. That's five new hydrants? What do they do? I mean, that's-I mean, what does that include? That's the hydrant, hooking it up, they furnish the hydrant and everything, for that price? Smith: Yes, sir. On the new fire hydrants, they will tap the line. They have a hot tab from the line which is a tapping sleeve that's installed around the line and it's May 24, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department REQUEST Award of Waste Water Treatment Plant Lighting Project: May 29, 2002 ITEM NO. 7~Bc2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: o ee.., lLtto<-th-e-oL vYUiYVLO , v ~ JfJ ~ce- vJ{;/V i ~ to I a 1111'S f'V r?J Lf" ; 1/~l Contacted: Date: Phone: MaterIals presented at public meetings shall become property of the City of Meridian. Me RECEIVE To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 5/2/2002 Re: Proposed Agenda Items for May 29, 2002 City Council Meeting l(Jjit 2 3 CITY OF MERIDIAN CITY CLERK OFFICF The Public Works Department respectfully requests the following items be placed on the May 29 City Council agenda, under Department Reports, for Council's consideration: Award of the 2002 Fire Hvdrant Proiect. This project indudes replacement of 5 hydrants and installation of 5 new hydrants. Three bids were received for this Project as shown in the attached Table and summarized below. . Start Construction Bitterroot Construction Irminger Construction $31,958.00 $34,890.00 $41,500.00 . . Start construction has the lowest bid and has performed this type of work for the city in the past. AccountSQ...3410-95031 has over $50,000 remaining in the budgettorthis expenditure. Recommended Council Action: The Public Works Department recommends that City Council award the contract for The 2002 Fire Hydrant Project to Star Construction for the amount of $31,958.00 and authorize the Mayor to sign and the City Clerk to attest the agreement. *- - Award of the wwrp Liohtino Proiect. This project indudes installation of eight new light poles and all of the associated electrical work at the wwrP. Three bids were received for the wwrP Lighting Project as shown below: From !he desk of... . Custom Electric Turnkey Construction Guho Construction $22,500.00 $24,500.00 $29,500.00 Lenard Grady StalfFngineer Meridian Public Works Deparlment 660 E. Walertower, Suite 200 Meridian, Idaho 83642 . (208) 898-5500 Fax: (208) 887.1297 grndyl@ci.meridianidus . . Page 1 Custom Electric has the lowest bid and has worked on several similar projects at the plat in the past. Account 60-3510-93501 has $22,500 remaining in it. Recommended Council Action: The Public Works Department recommends that City Council award the contract for The WWTP lighting Project to Custom Electric for the amount of $22,500.00 and authorize the Mayor to sign and the City Clerk to attest the agreement. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 STANDARD FORM OF AGREEMENT BET\VEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is cL:1ted the I' day of .J oJ ... e Meridian, AcL:1 County. Idaho (hereinafter called OWNER) and (hercinafter called CONTRACTOR). in U1C year 2002 by and between City of C\\ ""+-ow\. r;; I Pc. fyl~ J I'(J.r~. OWNER and CONTRACTOR.. in consideration of thc mutual covenants hereinafter set forth. agree as follows: Article 1 WORK. The CONTRACTOR will complete all Work as specified or indicated in the ". ement. The WORK is generally described as follows: The project includes purcahse and instalalion ,.1'" Plant. "r/ ~ ,) {yD~ All replacement materials and workmanship will -J /' I /' Drawings. The Contractor should become familia. L1 V ':<lls al the Waste Water Treatement The Project for which the Work under the Agreerr. 7TP Lighting Project. \ Specifications and Detailed Description of Work The locations of each of the light poles are shown in the Drawings. Item I - Mobilization Item 2 - Install 8 light poles as shown in Drawings: Purchase add install all equipment as shown in Drawings l to 4. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Conlract Documents in connection with completion of the Work in accordance with tile Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within forty five (45) calendar days from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: 522.500.00 Article 5 PA YMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department WWTP Lighting Project Page I of 4 Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 1511] day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work. payment will be made in full. including retained percentages, less authorized deductions, within thirty (30) days. Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENT A nONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereofby ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement 8.2 Exhibits to this Agreement. 8.3 Infomlation For Bidders. 8.4 Drawings. 8.5 CONTRACTOR's Quote. 8.6 1999 Idaho Standards for Public Works Construction, including Division lOO, except as superseded by the Information For Bidders. contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached (0 this Agreement (except as expressly noted otherwise above). There are no Contract Documents other Lhan (hose listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. WWTP Lighting Project Page 2 of 4 9.1 No assignment by a party hereto of any rights under or interest in tlle Contract Documents will be binding on another party herelO without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extentlhat the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Conlract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on Jv.....o! 19 Owner Contractor By: By Name: Attest: Approved By Council: 5129/200~ - - - - WWfP Lighting Project Page 3 of 4 Exhibit A BOdiford Construction Description Unit Price Total Price Item Quantity Units 1 MObilization 1 LS 500.00 500.00 2 Install 8 Light Poles 1 Ls 22,000.00 22,500.00 Total Price 22,500.00 WWTP Lighting Projcct Page 4 of 4 Meridian City Coun( 'eeting May 29, 2002 Page 38 of 52 tapped into the existing water line then there's a length of pipe that's extended, excuse me, a valve is installed on that tapping T. The length of pipe is extended then, from that point out to the location of the fire hydrant. Then the fire hydrant is installed and thrust blocks are poured and so it's all the materials and the installation. Bird: Thank you. De Weerd: Any other questions? I would entertain a motion. McCandless: Madam President. De Weerd: Mrs. McCandless. McCandless: I move that we award the contract for the 2002 Fire Hydrant Project to Star Construction in the amount of $31, 958 and authorize the Mayor to sign and the Clerk to attest. Nary: Second. De Weerd: It's been moved and second to approve the award for contract to Star Construction. Any discussion? Hearing none. All those in favor say-oh, do we need a roll call vote? Berg: Madam President. I'll do a roll call vote. Thank you. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. MOTION CARRIED Smith: Thank you, Mayor and Council. The second item I have is the award of Wastewater Treatment Plant lighting project. This project was installation of eight new light poles and the associated electrical work at the Wastewater Treatment Plant. Three bids were received. Custom Electric, Turnkey Construction and Guho Construction. Custom Electric was the low bidder at $22,500, Turnkey at $24,500 and Guho Construction at $29,500. Custom Electric has done other projects at the plant and they've done very good work. I've been very please with the quality of their work and the timeliness of their work. We would recommend, with the amount being available in the budget, that we recommend the Council award the contract to Custom Electric in the amount of $22,500 to authorize the Mayor to sign and the City Clerk to attest. Corrie: Okay. Any questions or discussion? Bird: I have none. Corrie: Okay. I'll entertain a motion on the request. Meridian City Cound' 'eeting May 29, 2002 ' Page 39 of 52 McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we award the contract for the Wastewater Treatment Plant lighting project to Custom Electric for the amount of $22,500 and authorize the Mayor to sign and Clerk to attest. De Weerd: Second. Corrie: Okay. Motion been made and second. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. MOTION CARRIED Smith: Thank you, Mayor. Thank you, Council. The last item I have is the White Drain Sewer Trunk Project. It's a Settler's Irrigation District license agreement. We'll be paralleling some of their facilities and crossing with the White Drain Sewer Trunk and so the license agreement was necessary from them. Our agreement to the license agreement from the City of Meridian for them. Also, there's an amendment letter that was submitted to us by their manager, Nathan Draper, that changes the completion time for the work to be done by September 1st. Originally, the agreement had June 1st in it and this is an amendment to that completion date. We would recommend the Council approve this license agreement with Settler's Irrigation District with the amendment, authorize the Mayor to sign and the City Clerk to attest. Corrie: Okay. Any discussion? Okay. I'll entertain a motion on the request. McCandless: Mr, Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the license agreement with Settler's Irrigation District, including the amendment that he talked about-just a minute here-that all work is to be completed by September 1, 2002 and for the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Okay. Motion been made and second. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. NOTICE OF PUBLIC HEARING CITY OF MERIDIAN Water and Sewer User Charge Modifications The City Council of the City of Meridian will hold a public hearing on Wednesday, May 29,2002 at 6:30 p.m. in the City Council Chambers at Meridian City Hall, 33 E. Idaho Avenue, Meridian, Idaho. The purpose of the public hearing is to receive public comments regarding changes to Ordinance No. 9-1-19.A - B regarding water user charges, Ordinance No. 9-1-21.A regarding termination of water service and Ordinance No. 9-4-24 regarding sewer user charges, The Public Works Department is proposing to adjust the water and sewer user charges charged for City of Meridian water and sewer system users. The adjustment is being made to reflect current administration, operation and maintenance costs of operating the water and wastewater systems, The proposed water and sewer rate adjustments will affect all water and sewer customers. The water turn-on charge will affect only those customers whose accounts have been terminated due to non-payment and who, subsequent to payment, request reestablishment of water service. The proposed changes are as follows: Increase! % Increase! Current Proposed (Decrease) (Decrease) Water Administrative Fee $1.56 $3.48 $1,92 123.1% Water Use Fee (Cost per $1.23 $0.98 ($0,25) (20.3%) 1,000 gallons) Minimum Total Monthly $6.48 (inetudes $3.48 (does not ($3.00) (46.3%) Water User Charge: first 4,000 gal.) include first 4,000 gal.) Typical 7,500 gal/month $11.40 $11.32 ($0.08) (0.7%) Water Billing: Sewer Administrative $1,33 $4.07 $2.74 206.0% Fee Sewer Use Fee (cost per $2.60 $2.78 $0.18 6,g% 1,000 gallons) Minimum Total Monthly $11.73 (i ncludes $4.07 (does not ($7.66) (65.3%) Sewer User Charge: first 4,000 gal.) inetude first 4,000 gal.) Typical 7,500 gal/month $22.13 $26,28 $4.15 18.8% Sewer Billing: Water Turn-On Charge $10.00 $30.00 $20.00 200% The public is encouraged to review the proposed fee structure, attend the public hearing and offer comments and testimony. Oral testimony may be limited to three (3) minutes per person. Written comments are welcome and need to be submitted! sent to the Meridian City Clerk, 33 E. Idaho Avenue, Meridian, Idaho 83642 or by fax at 8884218. All materials presented at public meetings hall become property of the City of Meridian. The hearing will be held in a facility that is accessible to persons with disabilities. Anyone desiring accommodation for disabilities related to documents and! or hearing, please contact the City Clerk's Office at 888-4433 at least II It 72 hours prior to the public hearing. \\\\\\\\~ M':;'IIJI11 ,,\\ ~I O. r...;.R/^ 1111 " ::\" v4. // Dated this 10th day of May, 2002. .::-' c} X\PORA '1- 'l~ f -:?;:-cP '''i~o ~ ~.. ~ ~ Published May 15th and 22nd, 2002 PLeD-Se..-- 90S-&. J;;r ?uh.i{c- '1l0fd..e - lMaHlt-S/ NOTICE OF PUBLIC HEARING CITY OF MERIDIAN Water and Sewer User Charge Modifications The City Council of the City of Meridian will hold a public hearing on Wednesday, May 29, 2002 at 6:30 p.m. in the City Council Chambers at Meridian City Hall, 33 E. Idaho Avenue, Meridian, Idaho. The purpose of the public hearing is to receive public comments regarding changes to Ordinance No. 9-1-19.A - B regarding water user charges, Ordinance No. 9-1-21.A regarding termination of water service and Ordinance No. 9-4-24 regarding sewer user charges. The Public Works Department is proposing to adjust the water and sewer user charges charged for City of Meridian water and sewer system users. The adjustment is being made to reflect current administration, operation and maintenance costs of operating the water and wastewater systems. The proposed water and sewer rate adjustments will affect all water and sewer customers. The water turn-on charge will affect only those customers whose accounts have been terminated due to non~payment and who, subsequent to payment, request reestablishment of water service. The proposed changes are as follows: Increase! % Increase! Current Proposed (Decrease) (Decrease) Water Administrative Fee $1.56 $3.48 $1.92 123.1% Water Use Fee (Cost per $1.23 $0.98 ($0.25) (20.3%) 1,000 gallons) Minimum Total Monthly $6.48 (includes $3.48 (does not ($3.00) (46.3%) Water User Charge: first 4,000 gal.) include first 4,000 gal.) Typical 7,500 gal/month $11.40 $11.32 ($0.08) (0.7%) Water Billing: Sewer Administrative $1.33 $4.07 $2.74 206.0% Fee Sewer Use Fee (cost per $2.60 $2.78 $0.18 6.9% 1,000 gallons) Minimum Total Monthly $11.73 (includes $4.07 (does not ($7.66) (65.3%) Sewer User Charge: first 4,000 gal.) include first 4,000 gaL) Typical 7,500 gal!month $22.13 $26.28 $4.15 18.8% Sewer Billing: Water Turn-On Charge $10.00 $30.00 $20.00 200% The public is encouraged to review the proposed fee structure, attend the public hearing and offer comments and testimony. Oral testimony may be limited to three (3) minutes per person. Written comments are welcome and need to be submitted I sent to the Meridian City Clerk, 33 E. Idaho Avenue, Meridian, Idaho 83642 or by fax at 888-4218. All materials presented at public meetings hall become property of the City of Meridian. The hearing will be held in a facility that is accessible to persons with disabilities. Anyone desiring accommodation for disabilities related to documents and I or hearing, please contact the City Clerk's Office at 888-4433 at least r II 72 hours prior to the public hearing. \\\\\\\\f\\ 1 M~J'I'"" ,\\\\..J. 0 FrID;. 11// Dated this 10th day of May, 2002. ,f' 8' p,PO.r::>. ~""jI' "''l~ .;:e cP' Vo(J'~ ~ ~.. ~ <:> ~ Published May 15th and 22nd, 2002 I "'* TX CONFIRI\ ION REPORT ** AS OF MAY 13 '0~ 13:59 PAGE. 01 CITY OF MERIDIAN 28 29 30 31 32 DATE TIME TO/FROM 05/13 13:53 3810160 05/13 13:54 LIBRARY 05/13 13:56 CHERRY LANE 05/13 13:57 POST OFFICE 05/13 13:58 208 888 1983 MODE EC--S EC--S EC--S EC--S G3--S MIN/SEC PGS 00'41" 001 02'35" 021 00'35" 001 00'40" 001 00'33" 001 CMDt:! 158 158 158 158 158 STATUS OK OK OK OK OK Pl.R.o.Se..-?oSi .J;f ?uht{C '11crh'u, - LhiJ.;Ylt-S! NOTICE OF PUBLIC HEARING CllY OF MERIDIAN Water and Sewer User Charge Motlifications The City Council ofthe City of Meridian WIll hold a public: hearing on Wednesday, May 29, 2002 at 6:30 p.m, in the City Council Chambers at Meridian City Hall, 33 E. Idaho Avenue, Meridian, Idaho. The purpose of the public hearing is to receive public comments regarding changes 10 Ordinance No. 9-1-19.A - B regarding water user charges, Ordinance No. 9-1-21.A regarding termination of water service and Ordinance No. 9424 regarding sewer user charges. The Public WorKs Department is proposing to adjust the Water and sewer user charges charged for City of Meridian water and sewer system users. The adjustment is being made to reflect current administration, operation an d maintenance costs of operating ttle water and wastawatet systems. The proposed water and sewer rate adjustments will affect all water and sewer customers. The water turo-on charge will affect only those customers whose accounts have been teJminatecl due to non-payment and Who, subsequent to payment request reestablishment of water service. The proposed changes are as follows: Current Proposed Water Administrative Fee S1.56 $3.48 Water Use Fee (Cost per $1.23 $0.98 1,000 gallons) Minimum Total Monthly S6.46 (includes $3.46 (does no! Water User Charge: first 4,000 gal.) includa first 4,000 gal.) Typical 7,500 gal/month $11.40 $11.32 WatJ:r Billing; Increasel (Decrease) $1.92 % Increaser (Decrease) 123,1% (SO.25) (20.3%) ($3.00) (45.3%) (:1.0.08) (0.7%) Sewer AdministratiVe $1.33 $4.07 $2.74 Fee Sewer Use Fee (cost per $2.60 $2.78 $0.18 1,000 gallons) Minimum Total Monthly 511.73 (includes $4.07 (does not (S7.6S) Sewer USer Charge: first 4,000 gal.) include first 4,000 gal.) Typical 7,500 gal/month $22.13 $26.28 $4.15 Sewer Bilting: Water Turn-On Charge $10.00 sso.on $20.00 206.0% 6.9% (65.3%) 18.8% 200% The PUblic is encouraged to review the proposed fee structure, attend the public hearing and offer comments and testimony. Oral testimony may be lim~ed to three (3) minutes per person. Written comments are welcome and need to be submitted I sent to the Meridian City Clerk. 33 E. Idaho Avenue, Mericlian, Idano 83642 or by tax at 668-4218. All materials presented at public meetings hall become property of the City of Meridian. The hearing will be held in a facllity Ihat is acce~sible to persons with disabilities. Anyone desiring accommodation for disabilities related to documents and I or hearing, please contact the City Clerk's Office at 886-4433 at lear.t 72 hours prior to the public hearing. \\\\\'\'~ I~~'II/JIII ",~-.!. O~ "'.9tDI. 1I1II Dated this 1 Dlh day of May, 2002. ./ c} if'.PO~ "'i'-1- '/1.0;.. ~ ~vo ~ ~ ..... ~ ~ SEAL ~ PUbliShed May 15th and 22ncl, 2002 .,.&_ &_ ~ O{'1 ,C!I 0 ::: ~,..O us,/" 1S"t . .:.c:.f '1'' "{ ~ '?" ",... /'.1,. COi/",:-r-i ~ '\ \-\,....., II;,: I' ~ : . '.~~~;\\'\ I ** TX CONFIRMh.,QN REPORT ** AS OF MAY 13 '8~ 14:10 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS 01 05/13 13:59 208 467 9562 EC--5 00'35" 001 02 05/13 14:10 CHAMBER-COMMERCE ----5 00'00" 000 THIS DOCUMENT IS STILL IN MEMORY CMD1:l STATUS 158 OK 158 BUSY P!tQS e...1oSf. .J;y ~uhtl:C. '-it OP'U - ThWf'!};.s! NOTICE OF PUBLIC HEARING CITY OF MERIDIAN Water and Sewer User Charge Modifications The City Council of the City of Meridian will hold a public hearing on Wednesday, May 29,2002 at 6:30 p,m. in the City Council Chambers at Meridian City Hall, 33 E. Idaho Avenue, Meridian, Idaho. The purpose of the public hearing is to receive public comments regarding changes to Ordinance No. 9-1-19.A- B regarding Vllater user charges, Ordinance No, 9-1.21.A regarding tennination of water service and Ordinance No. 9-4-24 regarding sewer user charges. The Public Works Department is proposing to adjust the water and sewer user charges charged for City of Meridian water and sewer system users. The adjustment is being ma de to reflect current administration, opelOtion and maintenance costs of operati ng the water and wastewater systems. The proposed waler and sewer rate adjustments will affect all water and sewer customers. The water turn-on charge will affect only those customers whose accounts have been terminated due to non-payment and Who, subsequent to payment, request reestablishment of water service. The proposed changes are as follows; Increasel % Increase! Current Proposed (Decrease) (Decrease) WOller Administrative Fee 51.56 $3,48 $1.S2 123.1% Water Use Fee (Cost per $1.23 $0.98 ($0.25) (20.30/0) 1,000 gallons) Minimum Total Monlhly $6,48 (includes $3.48 (does not ($MO) (46.30,<,) Water User Charge: first 4,000 gaL) inclUde first 4,000 gal.) Typical 7,500 gal/month $11,40 $11.32 ($0.08) (0.7%) Water Billing: Sewer Administrative $1,33 $4.07 $2.74 206.0% Fee Sewer Use Fee (cost per S2.60 $2.78 $0.18 6.9% 1.000 gallons) Minimum Total Monthly $11.73 (includes $4.07 (does not (S7.66) (65.3%) Sewer User Charge: first 4,000 gal.) include first 4.000 gal.) Typicsl7,500 gal/month $22.13 $26.26 $4.15 18.8% Sewer Billing: Water Turn-On Charge 510.00 $30.00 $20.00 200% The pUblic is encouraged to review the proposed fee structure, alten d the public hearing and offer comments and testimony. Oral testimony may be limited to three (3) minutes per peI!;on. Wrilten comments are welcome and need to be submitted I sent to the Meridian City Clerk, 33 E> Idaho Avenue. Merioian, loano 83642 or by lax at 686-4216. All materials presented at public meetings hall become property of1he City of Meridian. The hearing will be held in a facility that is accessible to persons with disabilities, Anyone desiring accommodation for disabilities related to do cuments and I or hearing, please contact the City Clerk's Office at BBB-4433 atJeast I 72 hours prior to the public hearing. \\\\\\"~'M~rlJl'", ,\.,,~-{ 0 o.:::.FfID" /"~~ ....... ~ , FA "'ot" ~ c} :;>''POftq -'1,- ~~ .;:> "",,"c,o r",.. 0;. ~ ~ '0 ~ Dated this 10th day 01 May. 2002. Published May 15th and 22nd, 2002 i ** TX CONFIRM~I.~N REPORT ** AS OF MAY 13 'b~ 08:04 PRGE.01 CITY OF MERIDIAN 01 DATE TIME TO/FROM 05/13 08:03 PUBLIC WORKS MODE UF--S MIWSEC PGS 00' 19" 001 CMDt:I 149 STATUS OK -------------------------------------------------------------------------------------------- NOTICE OF PUBLIC HEARING CITY OF MERIDIAN Water and Sewer User Charge Modifications The City Council ofthe City of Meridian will hold a public hearing on Wednes<:lay, May 29,2002 at 6:30 p.m. in 1he City Council Ch ambers at Meridian City Hall, 33 E. I daho Avenue, MeridIan, Idaho. The purpose oftne public hearing is to receive publlc comments regarding cn<lnges to Ordinance No. 9-1~19.A- B regarding water user charges, Ordinance No. 9-1-2i,A regarding termination of water seNice and Ordinance No. 9-4-24 regarding sewer user charges. The Public Works Department is proposing to adjust the water and sewer tlser charges cha rged for City of Meridian water and sewer system users. "he adjustment is being made to reflect current administration, operation and maintenance costs of operating the water and wastewater systems. The proposed water and sewer rate adjustments will affect all \Wter and sewer customers. The water turn-on charge will affect only those customers whose accounts have been terminaled due to non-payment and who, subsequent to payment, request reestablishment of water service. The proposed changes are as follows: Increase! % lncreasel Cu rrent Proposed (Decrease) (Decrease) Water Administrative Fee $1.56 $3.48 $1,92 123.1% Water Use Fee (Cost per $1.23 $0.98 ($0.25) (20.3%) 1,000 gallons) Minimum Total Monthly $6.48 (includes $3.48 (does not ($3.00) (46.3%) Water User Charge: first 4,000 gal.) include 1irst 4,000 gal.} Typical 7,500 gal/month $11.40 $11.32 (SO. DB} (0.7%) Water Billing: Sewer Administrative $1.33 $4.07 $2.74 206.0% Fee Sewer Use Fee (cost per $2,60 $2.78 SO.18 6.9% 1,000 gallons) MInimum Total Monthly $11.73 {inClUdes $4.07 (does not ($7.66) (65.3%) Sewer User Charge: first 4,000 gal.) include first 4,000 gaL} Typical 7,500 gal/month $22.13 $26.28 $4,15 18.8% Sewer 8111ing: Water Turn-Cln Charge $10.00 S30.00 $20.00 200% The public is encouraged to review the proposed fee structure. attend the public hearing and offer comments and testimony. Oral tes1.imony may be limited to three (3) minutes per pel1lon. Wnllen comments are welcome and need to be submitted I sent to the Meridian City CI ark, 33 E. I daho AVenUe, Meridian. Idaho 83642 or by fax at 88&4218. All matenals presented at public meetings hall become property of the City of Meridian, The hearing will be held in a facility tl1at is accessible to persons with disabilities. Anyone desiring accommodation for disabilities related to documents and I or hearing, please contact th e City Clerk's Office at 886-4433 at least \, III 72 hours prior to the public hearing, \\\\\\\1.:: 'M~I1'11111 \,\ _I Or ~RII' II, ", :\~ vl" "... Dated this 1 Oth day of May, 2002. $ c) nOQJ:> - .'tV "/.0;.. ~ c,o'" ''''l~ 0;. ,~ 0-:' -~ ~ ; Published May 15th and 22nd, 2002 ~ c::: ~ WiII Berg From: Sent: To: Cc: Subject: Brad Watson [watsonb@cLmeridian.id.us] Monday, May 13,200210:05 AM legals@idahostatesman.com Will Berg (EMmail) RE: Notice of Public Hearing - Water, Sewer Thank you, Janice. Brad -----Original Message----- From: legals [mailto:legals@idahostatesman.com] Sent: Monday, May 13, 2002 9:51 AM To: Brad Watson Subject: Re: Notice of Public Hearing - Water, Sewer THANKS BRAD, IT WILL RUN AS REQUESTED, JANICE Brad Watson wrote: > Janice, > > Attached is a new Notice for Public Hearing. &. > 22 (please let me know if that works for you). > > Thank you! > Brad > > > > > > > > > > > > HEARING. will. doc > NOTICE OF PUBLIC HEARING.will.doc (application/msword) > The publish dates are May 15 Brad Watson, P.E. City Engineer Meridian Public Works Department 660 E. Watertower Ln., Suite 660 Meridian, ID 83642 (208)898-5500 (208)887-1297 fax watsonb@ci.meridian.id.us <mailto:watsonb@ci.meridian.id.us> --------------~~---~------------------~-~----~-------------~~---~------- Name: NOTICE OF PUBLIC Type: Microsoft Word Document Encoding: base64 1 Will Berg From: Sent: To: Cc: Subject: Brad Watson [watsonb@cLmeridianJd.us] Friday, May 10, 20024;29 PM Janice @ Idaho Statesman (E-mail) Will Berg (E-mail) Notice of Public Hearing - Water, Sewer ~ NOTICE OF IBLlC HEARING.wil Janice, Attached is a new Notice for Public Hearing. The publish dates are May 15 & 22 (please let me know if that works for you). Thank you! Brad Brad Watson, P.E. City Engineer Meridian Public Works Department 660 E. Watertower Ln., Suite 660 Meridian, ID 83642 (208)898-5500 (208}887-1297 fax watsonb@ci.meridian.id.us <mailto:watsonb@ci.meridian.id.us> 1 Will Berg From: Sent: To: Cc: Subject: Brad Watson [watsonb@cLmeridianJd.us] Thursday, May 09, 2002 8:29 PM Will Berg (E-mail) Gary Public Hearing Notice ~ Water/Sewer Rates ~ NOTICE OF JBLlC HEARING.de Will, Please take a look at the attached notice and let me know if it is ok. I can make modifications as necessary. I think in order for the Statesman to publish next Wednesday they would need it by the end of Friday. Is that correct? Thanks for your help. Brad 1 May 24, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department May 29,2002 ITEM NO. 7~B~3 REQUEST White Drain Sewer Trunk -- Crossing and Easement Agreement with Settlers Irrigation District: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVlCE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See.. ~VLeot I'VIJYYYlO II %Y~AfL,t ~ ()J)~ Contacted: Date: Phone: Materials presented at public meefl"gs shall become property of the City of Meridian. RECEIVED To: Mayor Corrie from: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 5/24/2002 Re: Proposed Agenda Item for May 29 City Council Meeting 2 ~ 2002 CITY OF MERIDIAN CITY (";1 ERK OFFICF The Public Works Department respectfully requests that the following item be placed on the May 29 City Council agenda, under Public Works Department Reports, for Council's consideration: e White Drain Sewer Trunk - Settlers Irriaation District License Aareement. This is a license agreement for construction of the sewer faciHties within and across Settlers Irrigation District facilities. A copy of the agreement and an amendment letter from them is enclosed. Recommended Council Action: approve the license agreement with Settlers Irrigation District and authorize the Mayor to sign and the City Clerk: to attest. Thank you. Please contact me if you have any questions. p~ From the desk of. . . Brad Watson, P.E. City Engineer Meridian Public Works Department 660 E. Watertower Lmre, Suite 200 Meridian, Idaho 83642 o Page 1 (208) 898.5500 Fax: (208) 887-1297 watsonb@ci.meridian.idus MRY. 23. 2002 4:00PM KELLER ASSOCIATES INC NO.397 P.l 4~ ~~1,f.~ FAX TRANSM/TT AL DATE: May 23,2002 FAX#: 887-1297 ATTENTION: Brad Watson COMPANY: City of Meridian, Public Works Dept. FROM: Donn Carnahan REFERENCE: Meridian White Drain Sewer Trunk Line #-o} Pages 2 (lrr:f,dlnr; Co~~r 5k:"\ll Projecf#: 199062 Remarks: Brad, Here is a revised letter from SID extending the allowable construction dates. If you need anything else, please give me a call. Thanks. If 8// roferenced pagGS are not received, please notJfy us immadl;'J1ely_ 131 SW $J' Avenue, Sujte AI MfJr;dian, Idaho 83642 (20B) 288-19.92 Fax (209) 288-1999 MRY 23 '02 15:03 2082881999 PRGE.01 I 'iH T . C.::5 . CI::JI::JC: q' l::)Ur'I'1 1<t.LLt.K H;:,~LJUH I!:.~ lNL NO.397 P.2 SETTLERS' IRRIGA TlON DISTRICT P.O. BOX 7571 " e01SE.IOAHClI33707 PHONE 34c...8471 May 21,2002 :.j' r.. ~~ . " Ross K. Erickson Keller Associates 131 S. W. SUl Avenue, Suite A Meridian, Idaho 83642 Re: Wl1ite Drain Sewer Tnmk Line Dear Ross: This letter is to inform you that the Board of Directors of Settlers Irrigation District has extended the length of time for the City of Meridian to complete work on the sewer line as it relates' to the White Drain and the Coleman Lateral. All work is to be completed by September 1,2002, which is an extension of the pre'Vious date of June l, 2002. If you any questions, please call me at 343-5271. Sincerely, ,~~r- , Nathan Draper, Manager Settkrs Jrrigatlon I )lStrict f1H\' 23 '02 1(' ':1] 2082881999 PAGE _ [P CROSSING AND EASEMENT AGREEMENT This Crossing and Easement Agreement ("Agreement") is entered into and made effective this _ day of ,2002, by and between SETTLERS m.RIGATION DISTRICT ("District"), an irrigation district organized and existing under and by virtue of the laws of the State ofIdaho, whose address is Post Office Box 7571, Boise, Idaho 83707, and THE CITY OF MERIDIAN ("City"), a Municipal Corporation in good standing in the State ofldaho, whose address is 660 E. Watertower Lane, Meridian, Idaho 83642. WITNESSETH: WHEREAS, the District owns and maintains a system of canals, laterals and drains, including White Drain and Coleman Lateral, for purposes of delivering and removing irrigation water to and from its landowners, together with easements to convey water in such canals, laterals, drains; easements for ingress and egress; and for the operation, inspection, maintenance, and repair of the canals, laterals, and drains; WHEREAS, the City desires to obtain permission from the District for the encroachment upon the District's easement of one sewer trunk ("Sewer Trunk") on the White Drain Canal; and for the crossing of said Sewer Trunk under the Coleman Lateral Canal; WHEREAS, the District desires to grant the City permanent limited encroachment upon the District's easement, subject to the terms ofthis Agreement, for the constructed Sewer Trunk for the City's use; CROSSING AND EASEMENT AGREEMENT - 1 031302 1430 BOJ_MTl :375795.2 (a) The encroachment upon the White Drain easement will be at Section 36 TAN., RIW., B.M. NW 1;4 (Exhibit A), Section 36 TAN., R.IW., B.M. SW 1;4 (ExhibitsB and C), Section 35 TAN., R 1 W., B.M. NE 1f4 of SE 1;4 (Exhibit D), and Section 36 TAN., R 1 W., B.M. SE 1;4 (Exhibit E) in Meridian, Ada County, Idaho as described in Exhibits A - E, attached hereto and incorporated herein by reference. (b) The crossing on the Coleman Lateral will be at as described in Exhibit F. NOW, THEREFORE, in consideration of the mutual benefits to be received by the District and the City, and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: 1. Grant of Permission. The District hereby grants permission to the City for the purpose of constructing the Sewer Trunk at the location described in Exhibits A-E, and in strict accordance with the plans and specifications attached as Exhibit F. No construction involving or affecting the White Drain or the Coleman Lateral may begin until the effective date of this Agreement and all such construction must be completed prior to April 1, 2002, or any subsequent date agreed upon in writing by the District. The City expressly acknowledges and agrees that this Agreement does not grant the City the right to install any property or equipment, except as may be described in this Agreement, or the right to impair any rights of the District or others in the use of the White Drain or Coleman Lateral Canals. This grant is expressly conditioned upon the prior receipt by the City of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terms of this Agreement, and is further expressly conditioned upon the CROSSING AND EASEMENT AGREEMENT - 2 031302 1430 BOI_ MTl :375795.2 District's prior written approval of all drawings and plans concerning the activities to be conducted by the City under this Agreement. 2. Grant of Easement and Relinquishment of Prior Easement. City hereby grants to the District permanent easements, as described in Exhibits A - E, for the White Drain and for an access road for the District's use by said easements. City conveys and grants to the District all rights of access to the described real property for operation, maintenance, repair, and replacement of its facilities. 3. Installation and Inspection. The City, following execution ofthis Agreement by the parties, and after February 1,2002, may commence construction as described in Exhibits A - F. The City, or its agents or contractors, shall perform all work contemplated by the terms ofthis Agreement in a workmanlike manner. The City agrees to assume all responsibility, including general liability and costs for the construction. Any construction or other activities by the City which may impede or impair the flow of water through White Drain and Coleman Lateral Canals may only be performed during the non-irrigation season, which is usually between November 1 and March 15. The City expressly acknowledges that, notwithstanding the City's assumption of certain responsibilities and receipt of certain rights under this Agreement, the District does not relinquish its ownership rights in any portion of White Drain and Coleman Lateral Canals. 4. Representations and Warranties. (a) District. The District represents and warrants that: (i) the District is an irrigation district organized and existing under and by virtue of the laws ofthe State ofIdaho; (ii) the District has the capacity to enter into and perform the District's obligations under this CROSSING AND EASEMENT AGREEMENT - 3 031302 1430 BOI_MT1 :375795.2 Agreement; (Hi) all organizational and other actions required to authorize the District to enter into and perform this Agreement have been properly taken; and (iv) this Agreement has been properly executed and delivered by the District and is valid and binding upon the District in accordance with its terms. (b) City. The City represents and warrants that: (1) it is a municipal corporation organized and in good standing in the State ofIdaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all actions required to authorize the City to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properly executed and delivered by the City and is valid and binding upon the City in accordance with its terms; and (v) it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms ofthe Agreement. 5. Indemnity. The City agrees to protect, defend, indemnify, and hold the District and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions ofthe City, its agents, or contractors related to or in connection with its activities under this Agreement and the exercise of any privileges or performance of any obligations by the City hereunder. Furthermore, the City agrees to protect, indemnify, and hold the District and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of water quality violations, flooding, or any interruption or CROSSING AND EASEMENT AGREEMENT - 4 031302 1430 BOI_MTl :375795.2 interference with the flow of water in White Drain Canal or Coleman Lateral Canal caused by any act or omission of the City or its agents. 6. No Liens. The City shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of the City, its agents, or contractors, to attach to White Drain Canal or Coleman Lateral Canal or to any adjacent lands held by the District. 7. Binding Agreement. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on aU parties and aU 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. 8. Further Consideration. In further consideration for inducing the District to grant this Agreement, the City agrees to promptly pay all legal expenses incurred by the District relating to the negotiation, preparation, and execution ofthis Agreement. 9. No Waiver. 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. 10. Limitations on Liability. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. CROSSING AND EASEMENT AGREEMENT - 5 031302 1430 BOI_ MT1:37 5795.2 11. Interpretation. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State ofIdaho. 12. Severability. 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. 13. Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. Amendments to this Agreement shall be made only by written instrument executed by each of the parties hereto. 15. Recording. This Agreement shall be recorded at the Ada County Recorder's Office. 16. Notices. All notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective upon receipt if sent by first class mail, postage prepaid, and addressed to the respective party hereto as follows or at such other address as a party designates in writing. SETTLERS mRIGATION DISTRICT Post Office Box 7571 Boise, Idaho 83707 CITY OF MERIDIAN 660 E. Watertower Lane Meridian, Idaho 83642 CROSSING AND EASEMENT AGREEMENT - 6 031302 1430 BOI_ MT1 :375795.2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first set forth above. SETTLERS IRRIGATION DISTRICT By Richard Allen, President of its Board of Directors Attest: Vicki Keen, Secretary THE CITY OF MERIDIAN By Authorized Agent for The City of Meridian CROSSING AND EASEMENT AGREEMENT - 7 031302 1430 BOI_MTl :375795.2 ST ATE OF IDAHO ) ) ss. County of Ada ) On this _ day of , 2002, before me, the undersigned notary public in and for said state, personally appeared RICHARD ALLEN, President ofthe Board of Directors of Settlers Irrigation District, an irrigation district organized and existing under and by virtue of the laws of the State ofIdaho, known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he has the authority to execute and executed the same for the purposes therein contained on behalf of Settlers Irrigation District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires STATE OF IDAHO ) ) ss. County of Ada ) On this _ day of , 2002, before me, the undersigned notary.public in and for said state, personally appeared VICKI KEEN, Secretary of Settlers Irrigation District, an irrigation district organized and existing under and by virtue ofthe laws of the State ofIdaho, known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she has the authority to execute and executed the same for the purposes therein contained on behalf of Settlers Irrigation District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires CROSSING AND EASEMENT AGREEMENT - 8 031302 1430 BOI_MTl :375795.2 STATE OF IDAHO ) ) ss. County of Ada ) On this _ day of , 2002, before me, the undersigned notal)' public in and for said state, personally appeared , authorized agent for The City of Meridian, known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he has the authority to execute and executed the same for the purposes therein contained on behalf of The City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires CROSSING AND EASEMENT AGREEMENT" 9 031302 1430 BOI_MTl :375795.2 JAN. 11.2002 4:32PM . .LER ASSOCIATES INC , ~ '1' NW 1/4 COR. SEC. " I a <:( ~~L 0:::: Wo ai3 zlil' .....J SECTION 36 T.4N., R.IW., B.M. ._ r:!W 1/4 NORTH UNE OF PARCEL z J. RAMON AND MARILYN YORGASON Inst. #100082476 81/2 WHITE DRAIN\ 16' . PERMANENT EASEMENT I . 0.57:l: AC. I . t j 446.J7' _ . . . -"'}.I'" I,.,U~. . j'T ~ SECll0~ UNE: AND SOIJTH U'N!:: OF PARCEL SEC. .36 ~ P.O.B. t NO.8?? P 2 N '/4 COR. II SE~ 36 I : I I I II I I I I I I I I f I ! l'W. 1/4 COR. SEC. 36 , JkIlI I DRAWN BY: _B.~ DATE: _JJ~!. 2..9-, 2002.. PROJECT: CK'DBY; --~ SCALE: N.T.S. WHITE DRAIN SEWER TRUNK LEGAL: A PORTION OF SEC. 2L DWG. No: RW._._._._ T.i..N.. R.l.W., 8.M., ADA COUNTY, IDAHO. SHEET 1 OF _ 1 Exhibit A 'E''"{)'''TyTn...,....., .. JRN.ll.2002, 4:32PM f' ')LER RSSOCIATES mc I , ) -' NO. 077 P.3 \HlTE DRAIN PERMANENT EASEMENT W 1!4 CO,. ,"""" "',~""",,""I':~oW" ~6 CO' SEC. ,36 " >" "'GM.-t:!J'." . '1l1j'l1 ' , '. :, . " 0 p.o,e. 0 1.20:= AC, ~o --ezo,eT(CA~ClILAT!:O-) -t '" '"' 5\5.0' '" I- -- C 1/4 COR. I ",C. J6 I PARCEL 1 I JOINT SCf-lQOL GIST. #2 MERIDIAN 0- Inst. #100100902 OJ OJ e NW1/4 SW1/4 ~ ~ in. ~ ... ~ [ l 8 I I ~ "I PARCEL 2 ., C::: w a::: :J . - - - - Wa o c;:,' u Z t:'i ::J z SECTION 36 T .4N", R.l W., B.M. SYv 1/4 ! SW COR, SEC. 36 S(C'l\DN UNE W, U STICK ROAD -.Js 1!4 COR. SEC. 36 DRAWN BY: _B.~ DATE: JULY .!...~, 2001.. PROJECT: CKJDBY: __RE 5C.A.LE: N.T.S. WHITE DRAIN SEWER TRUNK LINE Exhibit B LEGAL: A PORTION OF SEC. 22.... DWG. No: RW. T.i..N., .R..1..W., 8.M.. ADA COUNTY, IDAHO. SHEET 1 OF _ ._~-'- . ,JAN. 11.2002 4:33PM f(r'LER ASSOCIATES INC ~ '..} NO 077 P.4 " .j W 1/4 COR. ~~ l..VK. SEC, ,36 s 1J' ?,""ANE:~O:~~Sf:~NT / 1 ,MPI<& ~, (~HITE, DRc~~~ COR, . r T R<l7';!: '~p.o.8~11,s.::C"':?Ie",,, ""'''..1.i..iI 13....5.:t I S 54'H'4g" E: 06Z'" I 8 . - 81 I I~ w DAL.E E. COOPER ~l AND I I~ 5 KATHY A. COOPER I" VJ Inst. #9029958 I ~ 25' EXCEPTION ~ DEED J .... I l .. 0 ~ <t ~, ::, 0 -liJ ~ a:: 5 ::; ~ w '-' a:: s '0) w U1 W o:i 0 'S ;;; t= Z ~ i!; :J 5" ;::: z SECTION 36 T .4N., R.IW., B.M. SW 1/4 1329.9' OEm ,f::!, SECTION UNE W. USTICK ROAD t;72S DEED 1- .-J S 1!4 COR, SEC. 36 I ;~ COR. ~C. 36 S 119'53' E. DRAWN BY: _.RG.. DATE:_~l:! ...2_, 2002- PRO)"ECf: O<'DBY: --~ SCALE: N.T.S. WHITE DRAIN SEWER TRUNK LINE LEGAL: A PORTION OF SEC..1L DWG. No: RW. ... 8.M.. ADA COUNTY, ---- T.!.N., R.,LW., IDAHO, SHEET 1 OF _ 1 Exhibit C Ii' VUTU IT I'" . JF,tL 11. 2002, 4: 33PM }~ER ASSOCIATES INC >' NO.8?? P.5 C 32' PERMANENT EASEMENT WHITE DRAIN\ NW cORNER NEl / 4,SE1/ 4 secnON UN~ ANO NORTH ~INE OF' PARCEL E 1/4 COR. wEST 1:l1 ~.3"", ~Tr ' 1.20 AC. ~,SEC. 35 ~~ r - - t~ - - EAST"9Jl,.s:- - - - - - - ~~i!!. ~ S8J'I"IJ"_- __ ~ :;j ~ ~ JSJ.03'", _ " : \.- !:AST .36' ~ :; , IlJlI I w z ::l 2; c: (,l ... 111 HOWELL-MUROOCH DEVELOPMENT CORP, Inst. #9905522.1 ~ G w '" SOUTH UNE 01' PARCEL SECTION 35 T.4N., R.1W., B.M. NE 1/4 OF SE 1/4 L ~ S!;CTTON UN!: DRAWN BY: _..R~ DATE: ~~~ .2.?..-, 200Q.. PROJECT: CK1DBY: __~ SCALE: N,T.S. WHITE DRAIN SANITARY SEWER TRUNK LEGAL: A PORTION OF SEC. _3~, DWG. No: RW. '_'_' T_~N" R.l.W., 8.M., ADA COUNTY, IDAHO. SHEET 1 OF L Exhibit 0 .. , JA~,l1, 2002 4: 33PM \ lfER ASSOCIATES INC (-) NO. 077 WH1TE DRAIN E 1/4 COR. SEC. 36 .... 'Q) l~ .1'"] :l "0 N 40' PERIJANENT E;\S(UE;Nf LoS9 AC. 40' PERMANENT EASEMeNT o,n AC. 504.36417200 S04-36438554 LINE TABLE Ll SOO'2S'32"W ~.51' 1.2 589'09'1.5"( 119.96' 1.:5 50Q'28'52"\I/ 12~,52' l." SB9'08'3S'1: 621.83 LS S72'"l7'28~E 180.\S' L6 NOO,3'Sl"E 206.7,}" 1.7 589'H'OS-e: :543.'7" loa N70'04'2""e: lo\.o!-.7'" L9 589'08'35-E 36".&7' Ll0 NOO'SI'2S"e: IS".$2' 1.11 SOO1i1'2S-W 326.99' 1.1 2 SJ.8"09'20~E 111.032' L.1.3 N51'SO'''Ot: 276.54' 1.1" NS9,o'25"E 1.31.01" LIS S89'08'JS-E SH,44';t LIS 500'28'32"1'1 154.99' Ll7 5S9'OS'.:5$"E 119.94' I :C::\ I~ :C< I W' ~ 5j ~ j. ~ ~i ~ ,~ I I I w. z. ~I o "". (J. ~l HOWELL-MURDOCH DEVELOPMENT CORP,. INC. Inst. #99096586 SECTION 36 SE T .4N.) 1/4 R.l W., B.M. I I 1 L.._.._"~.._,, . j SE COR - , . -W uS-TICK ROAD" - .. - .. - . . ~ . . - .. - " SEC. 36 P.6 ... I DRA\JN BY: _B.G_ DA TE: ~~UST .30, 2001... PROJECT: CK'D BY: __~ SCALE~ N.T.s. WHITE ORAl N SEWER TRU N KLINE LEGAL: A PORTION OF SEC. -Tf3.ir D'WG, No: R\J. _' ,_,~__ T.~N" R.LW., 8,M.. ADA COUN IDAHO. SHEET 1 OF Exhibit E ( EXHffiIT F Exhibit F is the final plans and specifications as described in: 1) City of Meridian, Idaho Contract Document and Specifications for Construction of the White Drain Sanitary Sewer Trunk Dated: January 2002 Prepared by: Keller Associates and 2) City of Meridian, Idaho Drawings for Construction of the White Drain Sanitary Sewer Trunk Dated: January 2002 Prepared by: Keller Associates 801_ MT1 :375795.2