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HomeMy WebLinkAbout2001 01-23ti I ~ ~ C ~ I i 1 1 I ~~x ~~ ~ ~_, s ~~ k FF 1 i M~ j ylt h I ~ ,r ~~ F ~E~ ~~ ~~ ~ ~~ 'r ' •'~ i:~}' It. ~{ ' . ~{ {` ~If I ~ '~ t ~. ` f t~ r , a YF 1 * k ~hr N '~,i # ~ I r .i ,~~,t;.. ,h ~:' ~ ~~ ~; ~# ~ ~ ~f ~~ 1 ~ t I t t, ~ ~. 'i" ,~ y t ~k' i ,' 1.~ ~ I,~f ~; '; i~ ~~i ~._, F' ~~ i ~. ~~ i~ ~ .,J"* ~ r... ~ ~i't~i y, i h 5 ,',: ~~ . i r i, r}., ~~~~_~,_y ,: 1 ._4~' ~~ } ~ .3 , ~ ~ ~ ~~ d„ K y ~~ ~ '~~ , ,. }~~ ~~~+ ,1 1/ C A ~ y i ti '~ ^ ~i r: ~q,i y' ~. &3~: S ~ ' 1 ~ F f :i rp ~'~ l l ~t Y i ~ ~~ ~ ~' E~ ~ i -~ ~ J; r ~, t~_ ;, ~, n # ~ ~" „~: ~. tT~ i.,, ~ ,a ~ {5 ~ ~ ~ ~! ' i ~~i~ ,;j '- s ~ ~ i f '~ i {} , ~ ~~ i i r ~ ~ s y ~u.1~ a t: f ~' h st ~. ~ '~. ~. >~~ a } i j~ n r ~ i r dt H ~, ;~ ~~~~ ~ , ' ~ f ~ -a i ~ ~, 7 ~, - ,~ s C ~ a; i~ :~ ' 1~~ ~} t~ : ~ it.' kT ,c d ~ ] ~{ ,.~ d, m. . i, 'i r ~ ~ ''~~d i';~ 6 '' . , ~, ~k, ~~~{~ 1,^ ~ ~ ~n N ,a~~ ~t~,t, ~t >',~hh } } fi ~ i{{. TY^~ t~ 1~ A~ .i ' ~ t T~ ii ~Y~ it ~ ! ~ 4 i~^~. ~ t ~ ~~, F .. ~~ ~ {.~ S f -~~ +~= ~ ~~ ~ rc'Zf ~ ~ ~ :,; ~ a ,~ !{ r ia~~, ~ ~~ t; s ~ { ;~~ ~; :~ ~ i~: r, a ~ ~~' ; ~~ ~t3is ~: FFF 'A S ~ ~ 1#~ 4 ~~ ~ ~3IY_ r 'i '~~ k ~~ '~ S ~ S ~. f d Nal.~i .. `j CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 23, 2001, at 6:30 p.m. City Council Chambers 1. Roll-call ttendance: Tammy de Weerd K Ron Anderson Cherie McCandless - C~ Keith Bird _~ Mayor Robert Corrie 2. Adoption of the Agenda: ~+~ Flo ~~~ fwa~ ®~~,,.~ 3. Department Reports: A. Accounting /Finance Department -Janice Smith: 1. Treasurer's Report: _ ,9-c.cf~r~ B. Public Works Department -Gary Smith: 1. Five Mile Relief Sewer Phase 1 ~- Bid Results /Award: a~prbv~e Lcerre ~. ~n ~r~, 2. Five Mile Relief Sewer License P~greement with NMID: ~''~'~v.~e~ 3. Consulting Engineer Agreement for Wastewater Treatment Facility Emergency Power Addition: ~~ r.~ ~ y/or ~~%Heerf 4. Consulting Engineer Agreement for Control System Troubleshooting Projects: 2~v~ov~c- 7~~~'er" ~.~~r~ee,~ C. Parks and Recreation Department -Tom Kuntz 1. Design Agreement with The Land Group for Skate Park: ~~~r~ ~~ 2. Skate Park Site Selection: ~irc~..~j ~~~- 3. Design Services Agreement with W & H Pacific for tiling irrigation ditches at the 56-acre park: a~prtivcd- 4. Ordinance No. ~r_ X02 HR Department Ordinance: ~~prvr~ 5. Ordinance No. 0~~ ~y3 :Investigation of Applicant Ordinance: ~la~r~~~ 6. Ordinance No. ~/- ~o`~ :Alcoholic Beverages Ordinance: ~~frrvv-~ 7. Ordinance No. ~/- ~®~ Cross-connection / Backflow Amended Ordinance: Q~prb v'~e.. 8. Ordinance No. ~/~ ~a 6 :Wastewater Pretreatment Ordinance: ~rr~rro+re.- 9. Police Building Design and Financing Update: ~~.r"c-~ r~e~' Meridian City Council Agenda -January 23, 2001 Page 1 of 1 All materials presented at public meetings shall become properly 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 m g Q~/v r~ /'~ ~~ _ Q~~~~°. a~- 907 ~ G~.~w~p ,~e-~- ~'~~~. ~-ev ~ ~f - f7~1~~~~~' ~~~1w2'` ~eV<~C~~ ~`t fit. / ~~'L~l~DrnHe ~~ ~~ /~~.iY~ic;~,~ i CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 23, 2001, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Ron Anderson X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: Add No. 10 Land Swap Ordinance 3. Department Reports: A. Accounting /Finance Department -Janice Smith: 1. Treasurer's Report: Presented B. Public Works Department -Gary Smith: 1. Five Mile Relief Sewer Phase 1 -Bid Results /Award: Approve 2. Five Mile Relief Sewer License Agreement with NMID: Approve 3. Consulting Engineer Agreement for Wastewater Treatment Facility Emergency Power Addition: Approve Taylor Engineers 4. Consulting Engineer Agreement for Control System Troubleshooting Projects: Approve Taylor Engineers C. Parks and Recreation Department -Tom Kuntz 1. Design Agreement with The Land Group for Skate Park: Approve 2. Skate Park Site Selection: Discussed 3. Design Services Agreement with W & H Pacific for tiling irrigation ditches at the 56-acre park: Approve 4. Ordinance No. 01-902: MR Department Ordinance: Approve 5. Ordinance No. 01-903: Investigation of Applicant Ordinance: Approve Meridian City Council Agenda -January 23, 2001 Page 1 of 2 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. f ~ 6. Ordinance No. 01-904: Alcoholic Beverages Ordinance: Approve 7. Ordinance No. 01-905: Cross-connection / Backflow Amended Ordinance: Approve 8. Ordinance No. 01-906: Wastewater Pretreatment Ordinance: Approve 9. Police Building Design and Financing Update: Approve 10 Tabled from January 16, 2001: Ordinance No. 01-907: Land Swap between Steiner Development and the City of Meridian at the Lakes at Cherry Lane No. 8 Subdivision .and Cherry Lane Golf Course: Approve Meridian City Council Agenda -January 23, 2001 Page 2 of 2 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. • • MERIDIAN CITY COUNCIL MEETING JANUARY 23 2001 The regularly scheduled City Council meeting of the Meridian City Council was called to order by Mayor Robert Corrie at 6:30 p.m. on Tuesday, January 23, 2001. Members Present: Robert Corrie, Ron Anderson, Cherie McCandless, Tammy de Weerd, Keith Bird. Others Present: Bill Nichols, Janice Smith, Gary Smith, Bill Gordon, Tom Kuntz, Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Ron Anderson X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: Mr. Clerk could we have the Roll-call Attendance please Item 2. Adoption of the Agenda: Corrie: The second Item on the Agenda is the Adoption of the Agenda. Council I think we had one addition that we didn't get in here. It was the number for the meeting that was tabled for the 23~d, a Land Swap between Steiner Development and the City of Meridian in the Ordinance. I think if you would meet your approval that we would make that a No. 10 in the addition to the Agenda. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to add No. 10, the Ordinance on the Steiner, City of Meridian Development Agreement. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: I'll entertain a motion to the adoption of the Agenda as amended. Anderson: So moved. Bird: Second. Corrie: Motion made and seconded to adopt the Agenda as amended. All those in favor say aye. Meridian City Council Meeting January 23, 2001 -- Page 2 MOTION CARRIED: ALL AYES Item 3. Department Reports: A. Accounting /Finance Department -Janice Smith: 1. Treasurer's Report: Corrie: Item No. 3, is Department Reports. Item 3A, Accounting/Finance Department -Janice Smith. Treasurer Report, Janice. Janice Smith: Thank you Mayor and Council members. I'm going to give you an overview of your revenue, your expenditure report that you received last week if you happen to have it with you, and going over a summary of the Investment Cash Summary. Last month we did move some money out of the investments. This month nothing has been moved out of investment, but if you noticed our checking account is real low. We're down to $13,000. We are expecting 2.5 million dollars in property taxes, state revenue at the end of this month to get us by. I will be calling. If I don't have it by Friday, I will be calling on Monday to make sure it's going to be coming in. We have made arrangements with our Investment Agents, if it doesn't come in there's money available and we will not have any fees pulling any money out. They made sure that we've got some cash flow there. We have finished up with the audit adjustments that were on your summary also on your Investment Cash Summary. The carry forwards we (sic) made some adjustments. The Water Department and the Parks Department had some carry forward balances because they predicted some carry forwards that would not be spent. During the audit, the auditors said yes, those have been spent. $87,200 out of the Water Department is in a carry forward with no project to it at this time. Also the Parks has a carry forward of $63,000 at a - no designation to that either. I would assume in August we would have our annual Budget Amendment and decide at that time if the Water Department would be needing it or in the Park also, if they would be needing it. Otherwise the Council would make their recommendation and decide where that moneys would go. Otherwise, hopefully we'll stay in our fund balance and be able to pay off some of our other expenses that always come up. At this time we're just waiting for the property tax, state revenue sharing to come in to help us out. Did you have any questions on those reports? Anderson: Mr. Mayor, I didn't follow your statement Janice, about how these carry forwards came about. It was the auditor that decided that this money was spent? Janice Smith: Yes. Anderson: Were these projects that we had budgeted for, and then they didn't cost as much as we thought, how does that work? Meridian City Council Meeting January 23, 2001 Page 3 • Janice Smith: During our budget process we get with all of the departments and we ask them what projects do you have that you feel that you're not going to spend? That you will be able to carry that forward? They predicted a certain amount of money and then when the auditors come in and look they say, no they did spend that money in the last fiscal year. It was spent in last fiscal year. It isn't out there anymore it really was spent. Anderson: If it's spent how is it a carry over? Janice Smith: Right now it's not a carry over, it's just sitting there for you -you can move it into operations or take it out of there completely. We just have it designated so we could match with our published budget that was in the paper until you guys have an Amendment. You will see it on your - we allocated it on your expense report too. It's separated so they can't dip into that. Anderson: I'm still tracking with you. Nichols: Mr. Mayor, Janice, are you saying that you're reducing the projected income into those budgets by those amounts, is that what you're saying? Janice Smith: We haven't reduced it because what you have published in the paper says they have this money in there. Nichols: You're telling them they can't spend it? Janice Smith: They can't spend it because our auditors have made their audit adjustments and said they did spend that last year. When we are doing our budget, we put so much money in there, like I think we're going to be using in the fund balance this year because we'll be going into the fund balance. Anderson: I still don't get it maybe the auditor could explain it to me. Janice Smith: When we have our workshop with our auditors on the audit, the end of fiscal year audit we could ask them how that's done. Bird: I don't understand it. Janice Smith: It makes sense to me because we still have to -when we're (inaudible) our report we still have to come up with that same number that was published in the paper. Whether later, you guys decide we don't need it, or we're going to spend it elsewhere, you would make that decision. Anderson: I'm just trying to figure out where it's coming from. Bird:. How did they get the -unlike Ron, where's the mistake? How does it come about? Meridian City Council Meeting January 23, 2001 Page 4 Janice Smith: They're projects. I'll do a spreadsheet on which projects it was because that will help you a lot. I think that would, and I'll make sure that the Parks and the Water gets one too. It will show all of the - do the history, where it was spent and then they can see that. I'm sure if our Parks Superintendent here looked at his previous expenditure report in the new one with these adjustments he will see that. Anderson: It's not fund balance though, it's not something that was left over in the end of their budget at last year. This is something that - Janice Smith: That they had to budget for. Anderson: -- was a project that they were going to do. They budgeted for and then the project didn't get completed or built or whatever they were going to do with it? Janice Smith: That's correct. They predicted, say here they've got -Parks has Bear Creek Park, well I won't even go into that one because that hasn't been started. Let's say if there was something in Storey Park, he predicted $25,000 that he was going to be a carry forward because it wasn't complete. You have contractors out there but the auditors came in and checked all of the bills. He spent $5,000 of it so he doesn't get that carry forward. He won't get the full $25,000, he would get the $20,000. Anderson: So in this coming year's budget, fiscal year 2001, he requested that $25,000 be carried over but he had already spent part of that? Janice Smith: That's correct. You still have to balance so that extra $5,000 will go down in the carry forward, unfinished projects with no name to it. I think it will be -this is the first year we did the carry forwards working with Nampa and Boise how they do these projects instead of throwing them all out and putting them back in. Then you don't have a true account of the project cost because you're re-budgeting it and it's not re-budgeted. You need to -the project started this year, we're going to carry it forward and it's kind of iffy on some of these big projects what they are going to spend this new year. If you looked at the sewer he's right on, he's right on the dollar. All of his carry forwards zeroed out so he won't have this problem. We will get the Park's Director and the Water Superintendent to - maybe a spreadsheet so maybe this next year they can critique it a little bit and maybe not have this extra money there. Corrie: So you're going to do a spreadsheet for us anyway. I'm getting confused now. I thought I had it but I lose it. I think that spreadsheet will - Janice Smith: The carry forwards are those big projects, those capital projects. Meridian City Council Meeting January 23, 2001 Page 5 • De Weerd: There weren't a lot of them but what you're saying is the amount that was spent last fiscal year -well what was spent but it wasn't anticipated to be spent will all be lumped together in a one line item so our budget balances. Janice Smith: That's correct. De Weerd: Do you understand that Tom? Kuntz: I do but I don't know where the money's coming from. This is the first I've heard about this. De Weerd: Her example with the irrigation system, the $25,000 that was carried forward. You spent $5,000 of that so, in essence you only $20,000 that you can spend this fiscal year even though it says $25,000. $5,000 of that will be transferred into a one line item that will lump all of that together. You still have the carry forward that you anticipated, you just don't have an extra $5,000 to spend. Corrie: My glasses are fogging up. Janice Smith: Now that I've got you totally confused, do you have any other questions? Corrie: Anything else Council? Janice Smith: That was all I was going over just the audit. We will be set - I guess that in February we have a workshop with our auditors. Bird: The 12tH Janice Smith: February 12tn~ Bird: 13tH I mean, I'm sorry. Janice Smith: 13tH? Thank you Mayor and Council. Bird: Thank you Janice. Corrie: Thank you Janice. I guess before we ego to Item B, I want to thank - I understand you were the acting Mayor the 23r ? Anderson: I don't think so. Corrie: Who was it, who was the Mayor? Anderson: Keith. Meridian City Council Meeting January 23, 2001 Page 6 Bird: I guess I was. Corrie: I was reading at top in the paper that he was the acting Mayor. I guess I had better -thank you Keith, I thought maybe we would just pass it down to Vice President while I'm gone, they can all take a wack at it. Which is all right, (inaudible) with the seats we're sitting on. Anyway thanks for taking over. Bird: No problem, thank you. Item B. Public Works Department -Gary Smith: 1. Five Mile Relief Sewer Phase 1 -Bid Results /Award: Corrie: Item B, Public Works Department Gary Smith. Item 1, Five Mile Relief Sewer Phase 1 -Bid Results/Award. I'll let you go through the four there. Gary Smith: Thank you Mr. Mayor, Council members. First Item I have is the bid results. We had a bid opening for the construction of the Five-Mile Creek Reliever Sewer. We had eight bidders. Do you have the package in front of you there? Our low bidder is Lurre' Construction from Caldwell. We've done, and our Consulting Engineer has done investigation on Lurre' Construction's experience. We met with the President of the company, John Badiola, yesterday afternoon and visited with him about any concerns that he had with the project. He had none he's ready to go to work, anxious to get started. All of the bid extensions were checked by the Consulting Engineer and our recommendation is to award the contract to Lurre' Construction in the amount of $464,560. Anderson: Gary I had a question. I read your footnote on that about the alternate bid price for a different type of pipe that would add $30,000. Are you not recommending that or is that included in that $464,000? Gary Smith: Let's see. That should included it, it does not - it should include the alternate bid. Bird: The $464,000? Gary Smith: It does not include the alternative no. That was the base bid. Bird: Did you accept the alternate? Gary Smith: Yes. Bird: The -we'll include the alternate so this will go up how much Gary? It said approximately $30,000? Meridian City Council Meeting January 23, 2001 Page 7 r Gary Smith: The total price including the alternate is $507,481.30. Bird: And 30 cents? Gary Smith: Yes. Bird: That's what you will have the contract for at this point now that you've got the alternate already selected? Gary Smith: Correct. Thank you Councilman Anderson. Sorry I breathed right by that. De Weerd: Did the - Mr. Smith, did the second one include that alternative? So would they be low then? Gary Smith: No, none of these base bids included the alternative. Bird: These are all base bids and the alternate was included with every one of them or they couldn't bid it. Corrie: I guess my question Gary, that spear type pipe, is that well worth the $30,000 increase? Gary Smith: Yes. De Weerd: How does this fall within the estimate by the engineer? Gary Smith: I'm trying to remember. The engineer's estimate was somewhere in the middle. I don't remember where it was. Bird: It was higher than this? Gary Smith: Yes. Bird: It was higher than the low bid? Gary Smith: It was higher than the low bid, in fact he was higher than the low three. Bird: He was in around $605,000 or something, aren't they Gary? Gary Smith: He was pretty close to the middle bid, I don't remember the number. De Weerd: The engineer, when they check it out do they check references and quality of work on other projects? Meridian City Council Meeting January 23, 2001 Page 8 r Gary Smith: Yes, they did all of that. We had an experience request in there for prior to the award of the bid. We had to check the work that he's done, the size of pipe that he's laid, depth of pipe that he's laid, that sort of thing. How much equipment he has, if he has the right equipment and so all of that was checked. De Weerd: Do we check with the agencies or companies that they do work on and see if they were pleased with the quality of work or can we do that? Corrie: You can do anything you want. Gary Smith: Right, I'm not sure to what extent they did make phone calls. The Consulting Engineer that we hired for the project was charged with that responsibility to make sure that he was capable of doing the job because it's an important job. Bird: They're licensed, they're State Licensed. Anderson: (Inaudible) receive the results at the end of those licensing that Larry talked about. Public Works license? Gary Smith: Right Anderson: 1A, 2A, and 3A. Bird: He has to be a double A for this? Gary Smith: He is, yes. Anderson: (Inaudible) why do you choose this one? De Weerd: When it's that far below in estimate, Iguess - Gary Smith: Right, and we were concerned about that too Tammy, it was a concern of ours. We wanted to make sure that he was comfortable with the job or with his price and we wanted to make sure of his quality of work. Bird: He also put up a bond right? Gary Smith: Yes. Bird: Payment Performance Bond? Gary Smith: Yes, Payment Performance Bond, and Certificate of Insurance - Bird: Bid Bond? Meridian City Council Meeting January 23, 2001 Page 9 Gary Smith -the Bid Bond was with the bid, correct. Anderson: Lurre' Constructions been around this Valley for awhile, they do good work they have a good reputation. De Weerd: Don't get me wrong, I just asked a question. I love to save a buck. Gary Smith: It's a big job and we were concerned when the bid came in that they leave $30,000. That's not quite 10 percent but it's a fair amount to be between first and second. It was a concern of ours too, it always is when there's that much spread. Bird: You bet. Gary Smith: We won't (sic) have any problems with the sewer line in the future because it's the main trunk line. Part of it goes through the park, (inaudible) park. Part of it goes along side of two subdivisions so there's problems if we had to go back in there and do any additional work. We don't want to do that, that's why we're opting for the better grade of pipe also. De Weerd: Thanks. Bird: Mr. Mayor, if we don't have any more questions I would make a motion that we accept the award. The Construction Contract for Five Mile Relief Sewer, Phase 1 to Lurre' Construction out of Caldwell for the $507,481.30 for the Mayor to sign, the Clerk to attest. Anderson: Second. Corrie: Motion made and seconded to award the Phase 1 bid to Lurre' Construction of Caldwell in the amount of $507,481.30. Any other discussion? Hearing none, all those in motion say aye. MOTION CARRIED: ALL AYES Gary Smith: Thank you Mr. Mayor, thank you Council. 2. Five Mile Relief Sewer License Agreement with NMID: Gary Smith: The next item I have is a License Agreement with Nampa Meridian Irrigation District for us to occupy the easement along side of the Five-Mile drain with the sewer line project. Anderson: Gary, has Bill reviewed this contract yet? Meridian City Council Meeting January 23, 2001 Page 10 Gary Smith: I'm not sure Councilman Anderson. Nichols: Mayor, Councilman Anderson, members of the Council. It's a fairly standard License Agreement similar to what they've done before. The key on this one is just to make sure that they sign off on all of the design and the construction standards so that there isn't any alteration of the drain that they haven't approved. We know that Gary and his crew will get that done. Gary Smith: They have reviewed the plans and approved of the plans. The plans are referenced under exhibit D as in dog, special conditions. It references all of the plan sheets that involve the easement along the drain. Corrie: Any further questions? Bird: I have none. Corrie: I'll entertain a motion to accept the Sewer License Agreement with the Nampa Meridian Irrigation District. Bird:. Mr. Mayor, I move that we approve the Five Mile Relief Sewer License Agreement with Nampa Meridian Irrigation District for the Mayor to sign the agreement and the Clerk to attest. Anderson: Second. Corrie: Motion made and seconded to approve the Five-Mile Relief Sewer License Agreement with the Nampa Meridian Irrigation District, any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Gary Smith: Thank you Mayor, thank you Council. 3. Consulting Engineer Agreement for Wastewater Treatment Facility Emergency Power Addition: Gary Smith: The next item I have is an Engineering Agreement for Taylor Engineers in Boise to provide engineering services for the design and technical specifications to bid emergency power, generator, for the Wastewater Treatment Plan. This generator will have capacity to operate our blowers for the aeration basin should we lose power. This is similar to a project that we did previously at the Wastewater Plant. This will be our third generator out there. There's a terrific amount of power required to operate that plant and one generator wasn't - we couldn't get a large generator or it wasn't feasible to have a large enough generator to operate the whole plant so we've had to resort to individual Meridian City Council Meeting January 23, 2001 Page 11 generators to operate portions. That includes the original generator that was part of the original plant. This will be the third one including that original. Anderson: How often have you had to use those, very often? Gary Smith: Not a lot, no. When we have to use them -- in a relatively short period of time, if you didn't have them we would be in trouble with the processors. Anderson: The age of the other two is? Gary Smith: The oldest one is - 1979 is when it went into operation so it's 21 years old. They don't get used a lot, they're well kept and they exercise them every month to make sure everything's working okay on them. The second one is probably two years old is all. This would provide the engineering fee to prepare the technical specifications to purchase the emergency generator. We found that two years ago when we did the last generator that the insulation cost was not to a point where we had to bid it. I think Brad said it was somewhere around $5,000 to hook it up. Set it up and hook it up. What we're anticipating is to purchase is a (inaudible) Bid. We'll purchase the equipment, have it delivered to the site and then we'll solicit several estimates from contractors, Electrical Contractors to connect it to the system. We won't need to go through the bidding process for that because of the cost, less than $25,000. Our recommendation for Public Works on this project is to retain the services of Taylor Engineers in Boise, Idaho in the amount of $13,050, that's a fixed fee not to exceed. De Weerd: Gary, how long are those good for? Will the generators run (inaudible)? Gary Smith: The generators? Bird: Along time. Gary Smith: Like I said the one we've got, the earliest one is 21 years old. As far as I know there's nothing wrong with it. They're diesel-powered engines and they're not run a lot. They're well kept and they're inside so they'll last a long time. De Weerd: How long will they run if you need them? Gary Smith: Oh, if you need them. I guess as long as we need them, as long as we can get diesel. They don't have an unlimited supply of fuel, the tanks. I'm guessing maybe 100 gallons. I'm not sure what the capacity of the tanks are. Anderson: What you're asking for tonight is not to purchase the generator, this is just an Engineering Agreement to design and figure out what our electrical needs Meridian City Council Meeting January 23, 2001 Page 12 are going to be. You're still going to come back with a proposal to actually purchase and install the generator right? Gary Smith: Right. This is just to prepare the bidding document and technical specifications so that we can bid the generator to purchase it. De Weerd: I was thinking that was a heck of a deal. Gary Smith: No, this wasn't for the cost of (inaudible). That will be several hundred thousand I suspect. Bird: Mr. Mayor, if we have no more further questions I would move that the Council approves the contract with Taylor Engineering Incorporated, Boise, Idaho for the Consulting Engineering Agreement for the Wastewater Treatment Facility emergency power addition. For a sum of $13,050 and that is not to exceed that amount, for the Mayor to sign and the Clerk to attest. Anderson: Second. Corrie: Motion made and seconded to approve the Consulting Engineer Agreement for the Wastewater Treatment Facility power addition, any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Gary Smith: Thank you Mayor, thank you Council. 4. Consulting Engineer Agreement for Control System Troubleshooting Projects: Gary Smith: The last item I have is a request for contract with Taylor Engineers again to do some troubleshooting for us at the Wastewater Plant. I guess we kind of referred to this as voodoo engineering because we're not sure what the problems are. We know we have some problems out there and its -the basis of this contract is to have an Electrical Engineer start doing some investigation. We've got 40 hours in here at 90 dollars an hour, which is $3600. It's a not to exceed at this point and he'll just start investigating where the quirks are in our electrical system. We have reportedly instances where some of the electrical circuits will trip out for one reason or another, no explanations, at least from our staff. We wanted to get an Electrical Engineer involved in this so they can trace some of this stuff down and see if they can't find what the problems or problem is. This is an attempt to do that. Corrie: Any questions on this? Meridian City Council Meeting January 23, 2001 Page 13 • Gary Smith: That might be a poor choice of words but it's kind of voodoo stuff. There's no explanation so they're just going to start looking. Corrie: Try to find it. Gary Smith: Try to find it right. Bird: Mr. Mayor, I move that we approve the Consulting Engineer Agreement for Control System Troubleshooting at Wastewater Treatment Facility .with Taylor Engineering for a fee of not to exceed $3600, for the Mayor to sign and the Clerk to attest. De Weerd: Second. Corrie: Motion made and seconded to approve the as a Consulting Engineer, any further discussion? favor of the motion say aye. MOTION CARRIED: ALL AYES Gary Smith: Thank you Mayor, thank you Council. Corrie: Thank you Gary. Taylor Engineering Proposal Hearing none, all those in Item C. Parks and Recreation Department -Tom Kuntz 1. Design Agreement with The Land Group for Skate Park: Corrie: Item C, Parks and Recreation Department, Tom Kuntz, three items. Kuntz: Thank you Mayor and Council. I have three items tonight for your consideration. The first is the approval of a Design Agreement with the Land Group for a design bid specifications and Construction Administration of our future Skate Park site. The reason that we selected the Land Group was based upon their experience in constructing the recent completed Skate Park in Eagle, and based upon conversation with a company out of California called Perky Rose which built several dozen skate parks in the state of Washington, Oregon and California. De Weerd: Perky Rose? Kuntz: It's two last names. Bird: Mr. Mayor, Tom this is -the figure is $16,800 minus donation, what's the donation? Meridian City Council Meeting January 23, 2001 Page 14 C1 Kuntz: Their first proposal that came before the Parks Commission a month ago was for approximately $21,800. After negotiating with them they felt like they would be in a position to make a donation of $5,000 in a reduce fee towards the project. Bird: Let me ask you a question. As I recall in our budget deal, the Skateboard Park was an $85,000 project? Kuntz: $120,000. Bird: Okay $120,000. Kuntz: Council member Bird, we're still anticipating that the total construction cost is going to go over that and we are planning to approach different businesses for inkind contributions to make sure the project gets complete on budget. Bird: The only thing I'm saying Tom, is most of your fees for professional architects, engineers and stuff like this. A high percent is eight, most of them come in at six. If we're based on 125 and they're 20, you might as well say $21,000 because they're giving a $5,000 donation, which I'm sure they expect us to write off. That 16's over 10 percent. De Weerd: There estimate's $150,000. Bird: It's still over 10 percent at 16. Your fees - is there any other design groups that do -who did the Boise Skateboard Park do you have any idea? Kuntz: I don't Council member. The percentage actually is 14 percent and that was - I asked them to go back and figure out what they actually spent at Eagle. They came in right at 14 percent. I questioned the same way. That seems a little high to me. They said the most important part of the project of course is the Construction Administration because there's some real intricate parts of forming and pouring the concrete, areas of the park. Bird: Yes, but if you draw good documents up and good spec documents your contractor's liable for that. I realize they have to be out there to look at it but 25 percent Construction Administration looks pretty heavy to me. Anderson: If you read on that, I guess it's the third page the list of things not included. They don't do Construction Management or quality control testing. There's a whole list of thing that I was (inaudible) what are we buying for this amount of money other than a set of blueprints. It sounds like that that's all they're delivering for this amount of money. There's no oversight of the project or anything included in that. Meridian City Council Meeting January 23, 2001 Page 15 • Kuntz: The way they explained the difference between Construction Administration and Construction Management is their part of the administration will to be onsite to make sure that the project is built per specifications. They don't -they're not out there to make sure that the workers are doing what they're supposed to be doing. They're out there on a daily or weekly basis to make sure that the forms are set up the right height, the right distance and meeting with the General Contractor who will hopefully be a word that (inaudible) build a project. He tried to explain the difference between Construction Administration and actually Construction Management. At the time it made sense, similar to what they've done at Generations Plaza to make sure that the walls are in the right place and the right height and the finished project we get what we agreed to in the contract. I don't disagree with what you're saying especially when it came in at $21,000. I thought that was totally out of line that's why I made some calls to Perky Rose and talked to them about a Skate Park. They indicated that a Skate Park is really a special (sic) item and you can't go by the general rule of 6-8 or even 10 percent because of its specialty nature. I'm certainly not opposed to researching this more if that's the Council's wish. I don't think we're in any big hurry. Bird: Not if you checked Tom, I have no problem. I've never bid a Skateboard Park before. Being in the construction trade I think that it's - I'm like Ron, they've left out - there's a lot of stuff in here that is -they've got reimbursable expense, cost plus 10 percent. There is more than one set of progress drawings, specifications, and any one state shall be reimbursed. Your final cost for bidding phase, and all of that so there's a lot of stuff I don't know is standard in the landscape part like they are. I'm not in that field. Kuntz: I think the Skate Park is just a little different beast than I'm used to also because again, I felt that it was high. After doing some research it sounds ,like it's a special (sic) item where it takes a little bit of extra time. They actually went through their records - I actually met with them on three different occasions because I had the same questions you did. It just seems a little high for what our project is. They went through their records several times over what they spent on Eagle Park, the amount of time that it took to build it and the Construction Administration. I quizzed them pretty heavy and that's when they came back with the lower fee of $16,800. I think they've been fair with us on other projects to this point but I'm certainly not opposed to going back - Bird: They did the Generation Plaza too didn't they? Kuntz: Yes sir. Bird: What percent did they charge us on that do you know? Kuntz: It was about 10 percent. Meridian City Council Meeting January 23, 2001 Page 16 • Bird: That's what I was going to say. Like I say a Skateboard Park might be different. De Weerd: Did you get any estimates from any other design groups? Kuntz: No ma'am. Bird: You don't have to on (inaudible). De Weerd: Well just to get an idea if it's - Bird: If he called -we're probably in defensive. These people were probably - I'm probably off base but the thing that scares me is anytime somebody can go to a $20,000 bid and knock $5,000 out of it tells me there's some gravy in there somewhere. Corrie: There isn't all construction work. Bird: What? Corrie: There isn't all construction work in this (inaudible) how much we don't know. Bird: Get in the glass business or (inaudible). Corrie: Yes, I'm like Ron a little bit. I'm a little concerned about Construction Administration and then they -service is not included as Construction Management. It's, I suppose the verbiage is - Anderson: When I read their definition on the second page under D, under Construction Administration, and with Tom's explanation I guess I feel comfortable with that. They're not actually being job foremen but they are in sure and under the Construction Administration that everything gets built per their specifications. Bird: And drawings. Anderson: And drawings. Bird: That's standard Construction Administration. Anderson: So you say you are anticipating the cost of this project to go more than what we estimated? Kuntz: Yes sir. Meridian City Council Meeting January 23, 2001 Page 17 Anderson: By how much? Kuntz: Probably - we budget $120,000 and we're figuring it's going to come in probably about $150,000. That would be with these design costs in there. The total project would be $150,000 so we're anticipating having to go out and drum up about 20-30 thousand dollars of inkind contributions. Anderson: I guess just from my standpoint to make my view of it clear. Anytime you go over on any of these projects that you estimate then something else is going to have to be cut in the budget. Other projects or you'll have to come up with donations. Your other option is to scale back this project so that it does fit within budget. Just to make you clear that if all of these projects that are approved for the Parks Department start coming in over budget this year, you're going to have to plan on cutting some of them somewhere. Kuntz: Yes, we would first look at the size of this project and see if we can downsize it and still meet the needs of the youth. We think it's real possible to raise a substantial amount of money as far as inkind just based upon what we did at Tully Park where we got half of all the concrete that we used out there donated. We paid for the other half. That was the other motivating factor with the Land Group is we want to start this project showing that even the design team was going to donate some money to the project being a worthwhile project for Meridian. Corrie: We don't want to underestimate those kids either from getting money. You'll be surprised what they can pull out of the hat. Anderson: Out of their baggie pants? Corrie: Well not out of theirs but out of somebody else's. Bird: What did Eagle cost Tom, do you have any idea? Kuntz: It was $150,000. Corrie: I would imagine you're going to be pretty close to $150,000 here. From what I - Kuntz: Yes, but we have the option of downsizing if we need to. We're certainly going to keep close tabs on this and we understand that if we go over in this it's going to affect other projects. Corrie: Any other questions? Bird: I have none Mayor. Meridian City Council Meeting January 23, 2001 Page 18 Corrie: Council want to make a motion on this one? De Weerd: Mr. Mayor, I move that we approve the Land Group for designing Construction Administration of the Skate Park for the $16,800 for the Mayor to sign and the Clerk to attest. Anderson: Second. Corrie: Motion been made and seconded to approve the Design Agreement with the Land Group for the Skate Park in the amount of $16,800, any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 2. Skate Park Site Selection: Kuntz: Thank you Mayor and Council. The second item and I'm not really looking for action tonight on this but I will be bringing it back to you. Hopefully at your February 6th meeting. You should have a memorandum outlining the results from the Skate Park Site Selection Committee. To go with that I brought a couple sets of photos from the site just so you can kind of acclimate yourself to the site. Anderson: The site you're recommending? Kuntz: The pictures are of the Storey Park site which ranked first out of the four sites that we have identified. There's a typo on here. The other sites, the one that finished second was at the 58-acre park site. The third was the Meridian Middle School site and the fourth was the new Police Department site, which would have been the three acres, left over from construction of the Police Station. We've tried to list a brief synopsis of some of the pros and cons to each one of those sites. I've also included the criteria that we came up with for evaluating the sites and then the actual form that we use to evaluate them just for your information. I do have a meeting planned this Thursday with Ken Hamilton of the Speedway. We've coned off the four corners of this site because it could have an affect on available parking for trailers for the pit area. It's in an area that I don't recall in the last two years seeing any vehicles or trailers parked in. We want to make sure that we work with them and have their support on this. Bird: Mr. Mayor, Tom, I thought when we discussed putting a Skateboard Park in the Middle School was a pretty accepted site because of the location of it. I don't know where, I can't remember - we were going to put it in where the tennis courts were weren't we? Kuntz: Yes sir. Meridian City Council Meeting January 23, 2001 Page 19 Bird: I don't know why this fell down to third place because everybody seemed to be receptive to it when we were talking about Skateboard Parks. Kuntz: Council member Bird, at budget time it was certainly my intentions of building it on that site. After initial contacts with the School District, the Superintendent seemed to be supportive of that. Through the selection process though and looking at some of the impact it would have on that area, especially the noise that's generated from a Skate Park. We were very concerned about the houses and the close proximity to that area. Too, as the School Districts preference would have been to deed us the property so they don't assume liability for the Skate Park. When that happened we would then have to go to a Conditional Use Permit process which would delay the project approximately two to three months. Thirdly, after looking at the site, we were looking at the single dilapidated asphalt tennis court. Building the site of 110 by 110 we would had to of gone past that into (inaudible) which wouldn't have been the end of the world. When you start putting those three things together, the Committee just felt like it probably wasn't the best site. No restrooms available, no drinking fountains available although that could be remedied. Parking was somewhat there especially in the evenings after school and weekends. Bird: Does Eagle have that at their - Kuntz: Yes sir, their Skate Park is - Bird: -- they've got restrooms and everything? Kuntz: Yes, they actually -their Skate Park was built as part of a master Park Plan. Bird: It's a park I know I've been there with my grandkids three or four times. I couldn't remember a restroom or a water fountain. Kuntz: I think they built a combination restroom, concession area, is what I understood. Bird: It must have been in since this last summer when the last time I was there. Kuntz: Yes, I really like the visibility and the location of the Middle School but - Bird: I do too. Anderson: That was my comment. When I look at your number one criteria is highly visible. I know that that area is highly visible. Bird: No. Meridian City Council Meeting January 23, 2001 Page 20 • Anderson: I read the comments from a couple of Police Officers that they routinely do reports and stuff back there. That may be the case but I personally got in a fight with five individuals one night back in that exact same area. I know that there's not always a Police Officer there doing a report. I'm really concerned about the location from a safety standpoint. It's tucked back behind the Speedway and it's far enough distance from Franklin Road that it's not really highly visible and that is your number one criteria. I don't think it meets that. If there were another area in the park that was more visible, I would support something like that a little better. Kuntz: Yes, I can't disagree with you. Bird: Tom, what about if you were to put it out at the 58-acre site? I know that's -where would you want to put it out there? Kuntz: It would be a contiguous, it would be to the west of the water tank. Bird: Right next to it? Kuntz: Yes. Bird: Don't we have a parking lot in there when we get done? Kuntz: There will be. Between the parking lot and the water tank is where it will be located. I think the biggest downside to that came to the youth that served on this Committee. They just felt it was a ways out to where kids wouldn't be able to ride their bikes and skateboard to it and that type of thing. Bird: Most of our - I mean we're killing south of the freeway anyway. You're not going to be riding bikes from south of the freeway over to the Speedway. Most of the area out here -this area out here (inaudible) ride the 58-acres, as it is to ride the Speedway. Kuntz: The Community didn't feel that way, or the kids on it. De Weerd: They kind of felt Keith, that at Storey it was centrally located and assessable. The undeveloped pavement and lack of any sidewalks on Ustick was certainly a concern as well. That road is in such terrible condition having even a kid on a bike with a skateboard was kind of provoked fear. That was probably the biggest downside to that, in addition to the fact that who knew as far as timing in when that might happen. Bird: I'm like Ron, I've got a real concern on the visibility and the safety down there. It's set back in the corner and I've seen a lot of problems down there, period. There isn't always a Police Officer available nor is there always a Police Meridian City Council Meeting January 23, 2001 Page 21 Officer down in there which we know there shouldn't be. That's something we can decide in two weeks. Anderson: Here's another thought and you guys can shoot me out of the water on this. I guess my observation is that the skateboarders in Meridian love to hang out at the old creamery over here. That's where I always see them when I come to City Council meetings and there seems to be some good skateboarding over there. We have the Fire Station property, I guess the City already owns that property. There's a possibility that building could be flattened and a .Skateboard Park erected in that area. We've been talking about uses for that particular piece of property, throw it out. Bird: Will that take 110 by 110? Anderson: I don't know whether it would or not. (Inaudible discussion amongst Council members.) Bird: It's good visibility. De Weerd: Yes and they would skate right out into the busy road and get creamed. Anderson: That would be the Land Group's responsibility to design something that wouldn't allow that to happen. Corrie: Of course you could take a look at Boise's. They are right down underneath where the Fire Trucks come out and the overpass and everything else. They haven't got killed there yet but I don't know how long that's going to last. Bird: Eagle's has (sic) got a real nice area but you could fly out into that little driveway but it's just a driveway. Anderson: Centrally located to the town they can all gain access to. It's just a thought. Corrie: Tom, my suggestion is take a look at that for size and kind of get some feedback. Kuntz: I'm sure we could make it fit in there Mayor. Corrie: I'm not too sure that bank wants it anyway. Kuntz: Would you like us to consider that because it's prime location? Meridian City Council Meeting January 23, 2001 Page 22 Bird: That's not a bad idea. Corrie: I would think so, I mean Council's going to have to make that choice unless they tie, but I don't think that's going to happen. I would suggest that you take a look at it. Kuntz: Super, that would be a great location because that's where they're all at. Bird: What is the depth on that? It's pretty close to 110, what do you need Tom, you need more than 110? Kuntz: It's 110 by 110 is the actual concrete area. We can do things, we can make things fit, we can work it out. Bird: The thing is though, you don't want to get any smaller than what Eagle is. Really and truthfully that's the limit of being small. You could maybe make some configurations. Kuntz: We're going to be (inaudible) when we open this. Corrie: Well that will keep them from using our front porch here. Kuntz: Thank you, I didn't know that was an option because that's an excellent site. 3. Design Services Agreement with W & H Pacific for tiling irrigation ditches at the 56-acre park: Kuntz: The last item I have is a - I'm requesting authorization to enter into a Design Agreement with W and H Pacific to design the tiling of the irrigation ditches at the 58-acre park site. We would like to get that going and get it out for bid and under construction so that we have the lines tiled before the irrigation water comes in the middle of April. Also attached to my memo you'll see there's an Agenda of a meeting that we had on January 16th listing all of the people who were represented. There were fires in the water and around that area. The items that we addressed and the survey and topographic graph have been completed so we are ready to move forward with your approval. De Weerd: Tom did you run this by Gary? Kuntz: Yes ma'am. In fact you should -the original one that was sent out with your packets on Friday which would have been the 19th. You should have had a revised agreement that was dated the 22nd. The one we want to work with is the one-day of the 22nd because there were a few revisions to it. The dollar amount went down from $7600 down to $7300 because Brad Watson will be putting the bid packets together for us, Gary has agreed to that. Then there were just a few Meridian City Council Meeting January 23, 2001 Page 23 • little verbiage changes. We also told them that we wanted to eliminate No. 9, under Pacific Standard Provisions which is a limitation of liability because I remember Mr. Nichols asked us to take that out at the last (inaudible) with that. We want to work with from the one-day to January 22nd and the amount I'm asking for is $7300. The $1100 addition would be only if we tiled south ditch which borders on Ustick Road and this time we're not planning to do that because it doesn't effect Phase 1. Once the new Sundance - if Sundance Subdivision goes into the east of us we will no longer have drain water and will not have to the that ditch at all. Bird: West east? That's the best location I've heard of, west east. Kuntz: No excuse me, east. Scratch the west, west eastern. Bird: I couldn't figure out how you could east and west there together. Kuntz: You're turning around in circles. Corrie: Any other questions? Bird: I have none Mayor. De Weerd: Mr. Mayor, I move that we approve the agreement with W and H Pacific for tiling the irrigation ditches at the 58-acre park for the amount of $7300. Do I need to put in the additional? Bird: No. Kuntz: I come back to you. De Weerd: For the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motions been made and seconded to approve the W and H Pacific for the designed Service Agreement and the 58-acre park, any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Kuntz: Thank you Mayor and Council. Corrie: Thank you. Item 4. Ordinance No. 01-902: HR Department Ordinance: Meridian City Council Meeting January 23, 2001 Page 24 Corrie: Item No. 4, is an Ordinance. Mr. Clerk what number is the Ordinance? Berg: Mr. Mayor since you weren't here last week we created a numbering system, it's 01-902. The 01 representing the year, recommendation that Mr. Nichols had to kind of keep track of sequence in the year of how many we go through. Corrie: Well, I'll be darned. Bird: Pretty good idea huh? Corrie: Well yes. Bird: Coming from an attorney that's really good. Anderson: His secretary probably gave him the (inaudible). Bird: Yes, his secretary probably told him. Corrie: I should leave town more often. Bird: I was just (inaudible) break in here a minute Mayor if I can. I was just harassing Bill about Electrical Engineers are a little cheaper now than our Attorney is. Corrie: I heard that. Bird: He said, they get -what did he say? They get a charge with theirs. De Weerd: We could come up with some cheap thrills for you too Bill. Nichols: Every working day Councilwoman de Weerd, every working day. Corrie: No. 4's Ordinance number is 01-902, HR Department Ordinance. If we can have the City Clerk read Ordinance No. 01-902 by title only please. Berg: Thank you Mr. Mayor, members of the Council, Ordinance No. 01-902. An Ordinance of the City of Meridian enacting a new article E, chapter 8 of title 1, Meridian City code providing for and establishing a Human Resource Department establishing a department head providing for the department head's appointment in function in powers and duties. Providing for and authorizing the conduct of criminal history checks of applicants for City Employment positions and development of guidelines to evaluate criminal background reports. Repealing any Ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, recended and annulled in providing for an effective date. Meridian City Council Meeting January 23, 2001 Page 25 • Corrie: You've heard the reading of Ordinance No. 01-902, HR Department Ordinance. Is there anyone in the audience who would like to have the Ordinance read in its entirety? Hearing none, I'll entertain a motion to approve or disapprove Ordinance No. 01-902. Bird: Mr. Mayor, I move that we adopt Ordinance No. 01-902 the HR Department Ordinance with suspension of rules. Anderson: Second. Corrie: Motions been made and seconded to approve Ordinance No. 01-902, HR Department Ordinance with the suspension of rules, any further discussion? Hearing none, Roll-call vote Mr. Berg. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 5. Ordinance No. 01-903: Investigation of Applicant Ordinance: Corrie: Item No. 5 is Ordinance No. 01-903 is that correct, Investigation of Applicant Ordinance? At this time we would like to have the City Clerk read the Ordinance No. 01-903 by title only. Berg: ,Thank you Mr. Mayor, members of the Council. Ordinance No. 01-903 an Ordinance of the City of Meridian amending section 6a of chapter 1, title 3, Meridian City code by deletion of their two of No. 8 and to renumber 9-13 of section A, and providing an effective date. Corrie: You've heard the reading of Ordinance No. 01-903, Investigation of Applicant Ordinance. Is there anyone from the Ordinance who would like to have this Ordinance read in its entirety? Hearing none, I'll entertain a motion on Ordinance No. 01-903. Anderson: Mr. Mayor, I would make a motion that we approve Ordinance No. 01-903, Investigation of Applicant Ordinance with a suspension of rules. Bird: Second. Corrie: Motion been made and seconded to approve Ordinance No. 01-903 Investigation of Applicant Ordinance with suspension of rules, any further discussion? Hearing none, Roll-call vote Mr. Clerk. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Meridian City Council Meeting January 23, 2001 Page 26 Item 6. Ordinance No. 01-904: Alcoholic Beverages Ordinance: Corrie: Item No. 6, is Ordinance No. 01-904 Alcoholic Beverages Ordinance. If the Clerk would read Ordinance No. 01-904 by title only please. Berg: Thank you Mr. Mayor, members of the Council. Ordinance No. 01-904, an Ordinance of the City of Meridian amending section 3, chapter 4, title 6 of the Meridian City code by providing for a new heading and for the addition thereto to include alcoholic beverages. Including but not limited to the following beer, wine, and distilled spirits in providing an effective date. Corrie: You've heard the reading of Ordinance No. 01-904 by title only. Is there anyone from the audience who would like to have the Ordinance read in its entirety. Hearing none, I'll entertain a motion on the Ordinance. De Weerd: Mr. Mayor, I move that we approve Ordinance No. 01-904, the Alcoholic Beverage Ordinance with suspension of rules. Bird: Second. Corrie: Motion been made and seconded to approve Ordinance No. 01-904, Alcoholic Beverages Ordinance, with suspension of rules, any further discussion? Hearing none, Mr. Clerk. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 7. Ordinance No. 01-905: Cross-connection /Backflow Amended Ordinance: Corrie: Item No. 7, Ordinance No. 01-905 is the Cross-connection/Backflow Amended Ordinance. Mr. Clerk if you would read that by title only please. Berg: Thank you Mr. Mayor, members of the Council. Ordinance No. 01-905, an Ordinance of the City of Meridian amending section 2, 4b1, and c3 to delete the words Health and Welfare within these sections and add the words environmental quality amending section 3 to reference an accepted resource for procedures and practices. Amending section 4a, enacting a new subsection D in section 5. Establishing who will make the final determination regarding Cross- connections in enacting a new subsection C in section 6a1. Pertaining to refusal to comply of the Meridian City code, repealing all Ordinances, resolutions, orders or parts thereof, in conflict herewith validate the ledity of Ordinance saving clauses and providing an effective date. Meridian City Council Meeting. January 23, 2001 Page 27 Corrie: You've heard the reading of Ordinance No. 01-905 Cross- connection/Backflow Amended Ordinance. Is there anyone in the audience who would like to hear the Ordinance read in its entirety? Hearing none, I entertain a motion on Ordinance No. 01-905. Bird: Mr. Mayor, I move that we adopt Ordinance No. 01-905 Cross- connection/Backflow Amended Ordinance with the suspension of rules. De Weerd: Second. Corrie: Motion been made and seconded to approve Ordinance No. 01-905 Cross-connection/Backflow Amended Ordinance with suspension of rules, any further discussion? Anderson: Mr. Mayor, here's a split (inaudible) one for the City Attorney. I don't think they're called the Department of Environmental Quality, I think they're the Division of Environmental Quality. I think State stature requires there can only be so many departments in the State of Idaho. It probably is just a typographical thing that they probably ought to be called the Division of Environmental Quality. Nichols: Council member Anderson, I will check .that out and if we're incorrect you'll have a meeting. Corrie: Pretty good, any other discussion? Roll-call vote please. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 8. Ordinance No. 01-906: Wastewater Pretreatment Ordinance: Corrie: Item No. 8, is Ordinance No. 01-906 Wastewater Pretreatment Ordinance. Mr. Clerk if you will read the Ordinance by title only please. Berg: Thank you Mr. Mayor, members of the Council, Ordinance No. 01-906. An Ordinance of the City of Meridian repealing title 9, chapter 2, sewer pretreatment of the Meridian City codes. Enacting a new title 9, chapter 2 sewer pretreatment of the Meridian City code. Providing for general provisions, general sewer use, and requirements, pretreatment of wastewater, wastewater discharge permit application, wastewater discharge permit issuance process, additional reporting requirements, compliance monitoring, and confidential information. Publication of users in significant noncompliance, administrative enforcement remedies, judicial enforcement remedies, supplemental enforcement actions, affirmative defenses to discharge violations, wastewater treatment rates, miscellaneous provisions providing for an infidelity providing - Meridian City Council Meeting • January 23, 2001 Page 28 De Weerd: Were you seeing if we were awake or what? Berg: Providing a saving clause and providing all Ordinances in resolution of conflict are repelled in recended and providing an effective date, sorry (inaudible). Bird: That was the whole Ordinance in the (inaudible). Corrie: We've heard the reading of Ordinance No. 01-906 the Water Pretreatment Ordinance. Is there anyone from the audience who would care to hear the whole Ordinance read? Seeing the heads shaking no. De Weerd: I think there's one part I want read. Corrie: Hearing none, I'll entertain a motion on the Ordinance please. Bird: Mr. Mayor, I move that we adopt Ordinance No 01-906, Water Pretreatment Ordinance with suspension of the rules. Anderson: Second. Corrie: Motion made and seconded to have Ordinance No. 01-906 approved 'with suspension of rules, any further discussion? Hearing none, Roll-call vote please. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 9. Police Building Design and Financing Update: Corrie: Item No. 9, since we're on Ordinances let's do 10 and then come back to 9 and finish up with the Agenda. Item 10 Tabled from January 16, 2001: Ordinance No. 01-907: Land Swap between Steiner Development and the City of Meridian at the Lakes at Cherry Lane No. 8 Subdivision and Cherry Lane Golf Course: Corrie: Item No. 10, Ordinance No. 01-907 is the Steiner Cherry Lane Golf Course Agreement. Do you have that in Ordinance form? Berg: Mr. Mayor, members of the Council it should even be in the back of your packet that I handed out tonight after the Agreement. Anderson: There it is. Meridian City Council Meeting January 23, 2001 Page 29 • Berg: It's been tabled for quite a few months so I brought it back. Corrie: Mr. Clerk if you will read Ordinance No. 01-907 please, by title only. Berg: Thank you Mr. Mayor, members of the Council. Ordinance No. 01-907, an Ordinance of the City of Meridian providing exchange of property as described herein from the Steiner Development LLC to the City of Meridian as described herein from the City of Meridian to Steiner Development LLC in providing an effective date. Corrie: You've heard the reading of Ordinance No. 01-907 by title only. Is there anyone in the audience who would like to have the Ordinance read in its entirety? Hearing none, I'll entertain a motion on Ordinance No. 01-907. Anderson: Mr. Mayor, I would make a motion that we approve Ordinance No. 01-907 with suspension of rules. Bird: Second. Corrie: Motion been made and seconded to approve Ordinance No. 01-907 with suspension of rules. Any further discussion? Anderson: Mr. Mayor, I would also like to thank Mr. Bradbury for the additional work that you did on this to make this happen. I appreciate that, and Bill. Corrie: Is your wages the same so we don't (inaudible) disparity there Steve? Mr. Clerk if you'll read the Roll please. Roll-call: De Weerd, abstained; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSTAINED Nichols: Mr. Mayor just one point before we go there. Mr. Bradbury brought this evening -there was an agreement with Cherry Lane Recreation with the Golf Course for an additional 150 -feet of tile. That needs to be signed off by the City so it needs to be accepted. There needs to be a motion in approval of that agreement on that 150 -feet of-tile. Bird: You want a motion Mayor? It was in the packet. Corrie: I entertain a motion on the approval of the 150-foot. Meridian City Council Meeting January 23, 2001 Page 30 Bird: Mr. Mayor, I move that we approve the extra 150-feet of tiling agreement worked out between Cherry Lane Incorporated and Steiner Development and authorize the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Do I hear a second? McCandless: I did. Corrie: You did, she wants to go home, and she doesn't feel good. Motion has been made and seconded to approve the motion of the 150-feet of piping, any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSTAINED Item 9. Police Building Design and Financing Update Corrie: The last item on the Agenda would be the Police Building Design and Financing Update. Bill is that what you were doing? Nichols: Thank you Mr. Mayor, members of the Council. I had asked Mr. Bird to put this on the Agenda in case there was any items that needed to be discussed and decisions that needed to be made this evening so that you would have a form in which to do it. I want to remind the Council that we do have a Public Hearing on the Judicial Confirmation issue a week from tonight at 6:30 p.m. There will be a presentation at that time with regard to the need for the new police building and why construction of the same one be an ordinary and necessary expense which would allow us to go outside the constitutional limitation. That was - I didn't know if the Council needed to discuss any issues with regard to the design or financing but thought it would be appropriate to have it on the Agenda just in case there was nothing you needed to cover with that. I know that there was a design committee meeting was it last Wednesday? If there were some update that needed to be presented to the Council that would be a form where it could be done. Corrie: Is there any updating from anybody? Bird: I've got a question Mayor if they don't have an update. Corrie: All right. Bird: I do have a question. Go ahead, if he's got an updating I've got a question on something else. Corrie: Do you have an updating? Meridian City Council Meeting January 23, 2001 Page 31 Gordon: Mr. Mayor, Councilman Bird, Council members. The meeting last Wednesday was nothing more than me informing the Design Committee and the architects of what you folks sent me back with. Their perimeters are 3 million dollars. They're going to redesign and bring it back in two weeks. It won't be ready for the 30t" meeting. The meeting on the 30t" will be just a PowerPoint presentation according to the rules of Judicial Confirmation to convince you that we need a new Police Station. That was the reason for the meeting on last Wednesday. Bird: Mr. Mayor, I had a question. We cannot seem to locate the request for Construction Management form. The attorney doesn't have it, the City Clerk doesn't have it, and Chief Gordon doesn't have it. De Weerd: I understand the architects usually arrange that Bird: This no, it's been floating around here somewhere. We need to get that because regardless of what we've been -thought about before, I believe that we need to get a Construction Manager on board just as fast as we can to help with our costs, get the most -nobody - do you know where it is or anything Mayor? Corrie: I've got one here, it's two of them. They've came in a-fax to the City. I would assume that everybody got one but evidently nobody got one but me. Bird: Well we found out where they are now. Corrie: I didn't realize that nobody knew where they were, or there wasn't any. This was a proposal for the applicant for approximately 35,000 square feet for the City of Meridian. If you want to make copies of this, this was from the legal advertisement, which we haven't done yet. I thought everybody had one of these. Bird: Is that the one - Corrie: It says faxed October 10t" of - Bird: -- is that the one that -the last one Mayor, didn't Mr. Nichols go over these and stuff? Corrie: I would think so, this one was faxed October 10, 2000. Bird: From Lombard Conrad? Corrie: Yes. Bird: That's the standard one. Meridian City Council Meeting January 23, 2009 Page 32 • Corrie: Yes, from City of Meridian, (inaudible) Russ Moorehead. Gordon: Mr. Mayor? Corrie: Yes? Gordon: Mayor and Council, Russ Moorehead has the announcement for Construction Manager on disk. He said that if we would get him the dates that he wold update his disk and furnish us with a copy of that. Lombard Conrad's attorney I think dealt with Mr. Nichols, our Attorney in this final Construction Management agreement. They ironed out the differences. Corrie: I guess what we need is to have him send another one to us. This was October 10th so you don't have anything - Nichols: Mr. Mayor, members of the Council, I forwarded it on November 9~", duplicate original is standard form of agreement with the architect. I can't seem to put my mitts on the Construction Management deal but I know I went through and looked at it and it's probably in a different file. I checked with the School District, Wendel Bigham at the School district who's doing their contract document review with regard to use of a Construction Manager on the new school buildings. I know I've spent a considerable amount of time going through them, I just don't have it in this particular file. I know they're in shape to go, it's ready to go. Bird: Mr. Mayor, talking to different people including in the School District, and they are doing what we probably should have done. Our hindsight's always been on our foresight. We need to get a Construction Manager on board before we do any more designing at all. The School Districts, both Boise and Meridian, now that Meridian's went to Construction Manager, has had a Construction Manager on before the architects touch a pencil. They give a conceptual design like they did originally. I think that we need to get that advertised if the other Council would agree with me and get us somebody on board. Maybe you and Mr. Nichols can get together - Corrie: I'll call Moorehead and get those sent to us Bill and put this out. I had a request from about four Construction Managers already, they want to know when it's coming out. Let's see if we can't get those done tomorrow Bill and then we can put it out and get it started. I apologize, I thought everybody got this because mine was a copy. Bird: Bill and I were looking around, I had a Construction Manager approach a guy that wanted to look at it. I said, welt I'll see if I can find one. I called Will and he said I don't have one, I called Chief and he said I don't have one. We're wandering around. Meridian City Council Meeting January 23, 2001 Page 33 Corrie: Bill, I'll call you in the morning and we'll get that word out, anything else? Bird: Mr. Mayor? Berg: Can Ihave - Corrie: Go ahead. Berg: Mr. Mayor I just wanted to remind a couple of things. We've got a meeting with the Rural Fire Commissioners tomorrow night at the Fire Station. Corrie: At what time? Berg: 6:30, and hopefully you've got that notice and the list of items that they wanted to talk about. There's a workshop on Public Hearing procedures, and written decisions. Ordinance provisions that I put in your box from AIC that I need you give that back to me if you want to go to that. Legislative Day is February 1St, just a reminder if you wanted to go to that luncheon and things you need to get that in right away. Thank you Mr. Mayor. Smith: Mr. Mayor, may I have a moment? We're in the process of negotiating for some easements on the south slough sewer trunk line. One of the property owners that we need to negotiate with is Mr. Vern Allman. Ihave contacted Attorney Nichols about putting together -excuse me let me back. One of his main problems with granting an easement to us is that he doesn't want to be involved in annexation into the City. I contacted Bill Nichols to see if we could put together aNon-annexation Agreement that the City could approve of his benefit under certain conditions of ownership of the land. Bill subsequently drafted aNon-annexation Agreement and I've got some copies with me tonight that I would like to leave with you just so you can take a look at it. I would like to, if it's appropriate put it on the Agenda for the next earliest Council meeting so that you could approve of it before we send it onto Mr. Allman for his review and approval. Is that okay with you? Bird: Yes. Corrie: It is with me. It would give them time to look at it and we can maybe put it on the 6th, we'll see what the Agenda looks like. Smith: Thank you. Bird: Mr. Mayor, I move that we adjourn at 8:02 De Weerd: Second. Meridian City Council Meeting January 23, 2001 ,_ Page 34 Corrie: Motion made and seconded to adjourn at 8:02. All those in favor say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 8:02 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: - OB RT D. CORRIE, MAYOR ~~~~~~,E{J'l~ E@ 1 t t f~ d 7~R'~{~ ~~~ Q~~ "ir' "'. T~ ~:~~ ;; ,~ ,~ =. ~ r l 'S ~ y j~`der,__~. .. ~~ ~ ~.. WILLIAM G. BERG, JR., C C ERK R~~~a~~•~~~u ~~ o~ OU~l7Y R C J. CIAVIQ NA A;RRU ER ~ t103~., ±~AtiQ FFE ~f ' 2001 FE-I P~ 2y 09 ~ 0 ~ 008~8~ CITY OF MERIDIAN ORDINANCE NO. O 1-901 AN ORDINANCE FINDING THAT DONALD R. ASBELL AND ANNETTE ASBELL ARE THE OWNERS OF CERTAIN REAL PROPERTY HAVE MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY NORTH OF FRANIQ,IN ROAD WEST OF NORTH BALTIC PLACE, MERIDIAN, IDAHO, THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM I-L (LIGHT INDUSTRIAL DISTRICT) ZONING DISTRICT TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE § 11-7-2 IC, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: The owner of the following described property has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from I-L (Light Industrial) District to C-G (General Retail and Service Commercial) District as defined under Meridian City Code § 11-7-2 IC; and Asbell / (C-G) RZ-00-006 / RE-ZONE ORDINANCE - 1 • • 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally described as follows: PARCEL A: A parcel of land being all of Lots 1, 8, 9, 20, 21, 22 and 23, and a portion of Lot 2 and 19, Block 3, Meridian Business Parlc, as recorded in the official records of Ada County, Idaho, and a portion of Southwest 1/4 of the Southeast 1/4 of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho; thence South 89°46'06" West a distance of 1642.19 feet along the south boundary of said Section 7 to a point marking the centerline intersection of North Baltic Place and East Franklin Road, said point being the TRUE POINT OF BEGINNING; thence South 89°46'06" West a distance of 678.93 feet along said south boundary of said Section 7 and centerline of East Franklin Road to a point on the southerly extension of the west boundary of Lot 20, Bloclc 3 of Meridian Business Parlc; thence North 00°31'04" East a distance of 213.13 feet along said west boundary of Lot 20; thence leaving said west boundary North 15°08'34" West a distance of 176.29 feet to a point on the south boundary of Lot 9; thence North 89°47'03" West a distance of 12.50 feet along the south boundary of Lot 9 to the southwest corner of said Lot 9; thence North 00°31'11" East a distance of 261.85 feet along the west boundary of said Lot 9 and the northerly extension thereof to a point lying on the centerline of East Icing Street; thence South 89°50' 10" East a distance of 200.00 feet along the centerline of said East Ding Street; thence South 00°31' 11" West a distance of 262.03 feet along the east boundary of Lot 8 and the northerly extension Asbell / (C-G) RZ-00-006 / RE-ZONE ORDINANCE - 2 i t thereof to the southeast corner of said Lot 8; thence South 89°47'03" East a distance of 261.32 feet along the north boundary of Lots 20, 23 and 2 of Block 3; thence South 00°31'04" West a distance of 148.08 feet; thence South 89°47'03" East a distance of 277.65 feet to a point on the centerline of North Baltic Place; thence South 00°31'04" West a distance of 229.82 feet along said centerline to the POINT OF BEGINNING. Said parcel contains 273,662 square feet or 6.28 acres, more or less. PARCEL B: A parcel of land being all of Lot 18, Block 3, Meridian Business Parlc, as recorded in the official records of Ada County, Idaho, and a portion of Southwest 1/4 of the Southeast 1/4 of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho; thence South 89°46'06" West a distance of 1642.19 feet along the south boundary of said Section 7 to a point marking the centerline intersection of North Baltic Place and East Franklin.Road, thence South 89°46'06" West a distance of 708.93 feet along the south boundary of said Section 7 to a point marking the TRUE POINT OF BEGINNING; thence South 89°46'06" West a distance of 174.11 feet along said south boundary of said Section 7 and centerline of East Franklin Road to a point on the southerly extension of the west boundary of Lot 18, Bloclc 3 of Meridian Business Park; thence North 00°31' 11" East a distance of 214.79 feet along said west boundary of Lot 18; thence leaving said west boundary to the northwest corner of said Lot 18; thence South 89°47'03" East a distance of 174.09 feet along the north boundary of said Lot 18 to the northeast corner thereof; thence South 00°31'04" West a distance of 213.43 feet along the east boundary and the southerly extension of the east boundary of said Lot 18 to the POINT OF BEGINNING. Said parcel contains 37,276 square feet or 0.86 acres, more or less. Asbell / (C-G) `RZ-00-006 / RE-ZONE ORDINANCE - 3 • 4. The following conditions shall be required as follows to-wit: 4.1 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 4.2 Off street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of undeveloped lots. 4.3 Outside lighting shall be designed and placed in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 4.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4.5 Sanitary sewer service to Lots 18 and 21, Block 3, is questionable. Applicant shall provide the Public Worlcs Department with an engineering plan demonstrating serviceability from these two lots to existing services with submission of building permit applications on these two lots. 4.6 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Asbell / (C-G) RZ-00-006 / RE-ZONE ORDINANCE - 4 • 4.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.I~. 4.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 4.10 At the time of building permit submissions for Lots 18 and 21, Block 3, the Applicant and/or current property owner at the time shall submit evidence to the Planning and Zoning Department that the required amount of ACHD right-of-way dedication (48 feet) for the Franklin Road expansion is complete. 4.11 There are three (3) existing office/warehouse buildings within the boundaries of this rezone application. The floor area-to-parking ratios for these existing buildings are: Thomas Bldg., Asbell Bldg. # 1 Asbell Bldg. #4 Phase II Bldg. square footage 30,000 14,000 20,000 Existing Parking 100 stalls 28 stalls 67 stalls Count Required Parking for 75 stalls 35 stalls 50 stalls 100% Office Use (1:400) Required Parking for 150 stalls 70 stalls 100 stalls 100% Retail Use (1:200) Based on the above figures, the Thomas Building and Asbell Building #4 shall meet the minimum number of required parking fora 100% office occupancy. However, Asbell Building # 1 shall not be permitted a full office occupancy and none of the existing buildings shall be permitted a full retail occupancy. These use ratios shall be monitored by the Planning &. Zoning Department on a tenant improvement, application-by-application basis. Asbell / (C-G) RZ-00-006 / RE-ZONE ORDINANCE - 5 SECTION 2. That the above-described Property be, and the same is hereby re- zoned and designed (C-G) General Retail and Service Commercial District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this~6 day of ~w~-~a~y , 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this~6 day of ~Q~-U.-s~ , 2001. ~~~ ATT T: ~ ~~,,~ ~r,~c y--~C. -- ~r~f~~te~ z i~ ~',r City Cleric B~~L .. ~. ,p~ ~ ~~ ~~°~'?~> 1.t~e~it~1 ~'i~y ~~ouvi.c Asbell / (C-G) RZ-00-006 / RE-ZONE ORDINANCE - 6 i • STATE OF IDAHO,) County of Ada. ss. On this t ~O~~day of ~(~~~a^'~ l~~ ~ ,before me, the undersigned, a Notary Public in and for said State, personally appeared and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~....,~ •• U •. ~ ~ ,~,`, • ,o-a: ~ (SEAL,) o~; ~ ~ ~' a: s ~ :~°CIBLIG~,O.o P-`'•e • •r~~~s• NOTAR PU C ~R IDAHO RESIDING AT: ' MY COMMISSION EXPIRES:~_~ msg\Z:\Worlc\M\Meridian\Meridian 15360M\ASBELL-RZ006\RZOrdinance Asbell / (C-G) RZ-00-006 / RE-ZONE ORDINANCE - 7 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. ©~-" ~~l assed by the City Council of the City of Meridian, on the /6~ day of ~~ ~.ccsvu~ ~~O ~ , is a true and correct copy of the original of said document which is in the U care, custody and corx~i;ol~df"tth~,~ity Clerk of the City of Meridian. r x~ ~ '~ ~ ~ WILLIAM G. BERG, JR. '7r~q /~ _ r fit . ~' ,~''~~.~ l~ ry (..)'1r .....r.r ~~ k~R STATE OF IDAHO, County of Ada, ss. On this ~~ day of ~Ytit-tG~. , in the year Z~~1 ,before me, ~'lPi~~ ~ . y~•~l-i~ , a Notary Public, appeared WILLIAM G. BERG, R., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that w~~° he executed the sarr~e° b~f.~f the City of Meridian. "~:'-"- . • L off; ~ ~ ~~e } , _, 6 ~ ~ f ® \` ~ Nota b ' or daho (SEAL) ®° ~' 1G ~~ ~ ry ®®~: ®:~o~~ Commission Expires: ~ ~~j -~ ~' msg\Z:\Work\M\Meridian\Meridian 15360M\t1SBELL-RZ006\CertificationOfClerkRZOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - 1 RZ-00-006 J 3 ~ U a ~ o ~ "' ~ Q 8 o ~ Od ZU z ~ ~ ~ u,o W oa w cn ~ ~ U W Z Z z g w ~z ~ ~s ~ w m Z? w ~ Dm ~ U as 3noa~ lsn~oi o a ° "~ ~ ~~ ~o ~Z oZ rz z~ o w am ,Z8'6ZZ 3~t f1 ~I 8 N M.bo,tE°oos w ~80'8Vt ~ ~ .bO~tE°OOS o, ~, ~ 3 w ,EO'Z8Z ~ `~"~ ~~ v w M.ttdE°OOS m N h ~ ~ o - „~,) °0~~ N15 1'16.29 ~ ~Et'ElZ .58 t8Z 3.YOdE°OON 3.LIdE°OON ~ ~ ~ ~~ oC N ~ ~ Z Q Q O 3htl H1S 3 Z $ Y Z a 6 Q ~i w ~ ~ L4 Q1C 3 0 Z m o a~ o f0 rn a ~ ~ _w QgN ~ O ~ z °~~ a Z ~ ~ ~~o wZ= w N U ~ ~ z ~Oo ~~ m r~ •= Z o O~~ Q Z m H ~ o r w w " s as 3noa~ lsn~oi ~ ° ~ ~ ._ o ~ ~ ~W ~a end ou~re x C7 ~z rz z~ ~w ~ m o ~O v v~ 0 ~ 3Atl H1S 3 J ~ + Y ~ ~ Z V „ ~ mea ~ ~ ~ ,eti~eLz M.40~LE.OOS w o v ~ .- " scvlz . 3.ltdEo00N ~~ i January 19, 2001 Ordinance MERIDIAN CITY COUNCIL MEETING January 23, 2001 APPLICANT ITEM NO. 4 REQUEST HR Deportment Ordinance AGENCY COMMENTS CITY CLERK: See attached Ordinance 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: qo~ ~ ~~~ ~~ r" Gip OTHER: Contdcted: Date: Phone: Materials preaerrfed at public meetings stw8 become property of fhe City of Merldtan. • ~~~II~~D JAN 112001 interoffice MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: HR Department Ordinance Date: January 11, 2001 RECEIVED JAN 1 1 2001 CITY OF MERIDIAN Attached you will find an original of the strike-through and underlined ordinance and the original clean ordinance. This ordinance was discussed at the City Council Workshop held on Tuesday, January 9, 2001, and was approved for placement upon an upcoming Council agenda. Therefore, please place this HR Department Ordinance upon an upcoming City Council agenda. If you have any questions arise please give me a call. msg/Z:\Work\M\Meridian\Meridian 15360M\Human Resources\BergHRDeptOrdO1 llO1.Mem • CITY OF MERIDIAN ORDINANCE NO. ~~70~ AN ORDINANCE OF THE CITY OF MERIDIAN ENACTING A NEW ARTICLE E OF CHAPTER 8 OF TITLE 1 MERIDIAN CITY CODE PROVIDING FOR AND ESTABLISHING A HUMAN RESOURCES DEPARTMENT; ESTABLISHING A DEPARTMENT HEAD PROVIDING FOR THE DEPARTMENT HEADS APPOINTMENT AND FUNCTION, POWERS AND DUTIES; PROVIDING FOR AND AUTHORIZING THE CONDUCT OF CRIMINAL HISTORY CHECKS OF APPLICANTS FOR CITY EMPLOYMENT POSITIONS AND DEVELOPMENT OF GUIDELINES TO EVALUATE CRIMINAL BACKGROUND REPORTS; REPEALING ANY ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH ARE HEREBY REPEALED, RESCINDED AND ANNULLED; AND PROVIDING FOR AN EFFECTIVE DATE . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY; IDAHO: SECTION 1: A new article E of Chapter 8 of Title 1 is hereby enacted to read as follows: 1-8E-1 ESTABLISHMENT OF DEPARTMENT: A Human Resources Department of the City is hereby established. 1-8E-2: HUMAN RESOURCES DIRECTOR: A. Department Head: The Human Resources Director shall be an appointed position who shall perform all functions, powers and duties in this Article provided as a head of the Human Resources Department. B. Functions, Powers, and Duties: In addition to those general functions, powers and duties given to the department head by ' other provision of this Code, the Human Resources Director shall: 1. Supervise the personnel assigned to this department; and HUMAN RESOURCE DEPARTMENT ORDINANCE -PAGE 1 OF 5 • i 2. In cooperation with other department heads develop programs and procedures of recruitment, benefits, and employment policies that will directly impact all city departments. Upon receiving the approval and authorization of the Mayor and City Council the HR Director will be responsible for supervision of staff personnel to implement and carry out the programs and procedures. 3. Supervise the necessary employee programs (excepting and excluding traffic and employee safety and training programs or other programs assigned to specific department heads), including, but not limited by the enumeration hereof, in-service educational planning and tuition reimbursement programs, service awards, suggestion systems, supervisory training sessions and other information and benefit programs as required or assigned by the Mayor and or City Council. 4. Prepare reports, which may include statistical evaluation of personnel programs, manpower estimates and wage and salary schedules as requested by Mayor and or City Council. 5. Consult with other Department heads in administering salary policies, including review and updating of job descriptions, employee rating procedures and general salary administration practices. 6. Plan, investigate, and implement, upon approval by the Mayor and City Council, employee programs for retirement, social security and worker's compensation and in that regard work closely with all Federal, State and City Departments. All on the job injuries shall be reported to the Human Resources Director. 7. Develop for recommendation to the Mayor and City Council, and then maintain, personnel policies and procedures which have been adopted by the City Council. No policy or procedure shall become effective until adopted by the City Council. HUMAN RESOURCE DEPARTMENT ORDINANCE -PAGE 2 OF 5 8. Have the care, custody and control and maintain personnel records, documents and reports, but all public record requests for the same shall be filed with and responded to through the City Clerk's office. 9. Maintain the City's Affirmative Action Plan for Equal Employment Opportunity. 1-8E-3: APPLICANTS FOR CITY EMPLOYMENT: CRIMINAL HISTORY CHECKS Except for law enforcement personnel supervised by the Chief of Police as provided below, the Human Resource Director and/or Director's designee is authorized to perform or request criminal history checks of any applicant for offered employment including transfer and promotion with the City of Meridian for those types of positions hereinafter specified. If a criminal history check is needed through the Federal Bureau of Investigation, the Human Resource Department shall require each specified applicant to be fingerprinted and shall forward the fingerprints through the Idaho Division of Law Enforcement to the FBI Identification Division for a criminal history check. Criminal history checks are required for the following: A. Position that requires employee to have access to secure areas or information; B. Position that requires an employee to exercise supervision over children; C. Position that requires an employee to work on or around police vehicles, equipment and/or firearms; D. Position which may allow access to homes and/or businesses; E. Position which requires an employee to handle or make transactions in cash or accounts; F. Position which requires an employee to drive a City vehicle as a regular part of their duties; G. Position where there exists a reasonable relationship between the duties of the job and need to check the conviction record of HUMAN RESOURCE DEPARTMENT ORDINANCE -PAGE 3 OF 5 applicants, and considering such factors as: access to property, personnel records and/or equipment; H. Positions that require an employee to work on or around fire vehicles and/or provide patient care. The Department of Human Resources shall develop evaluation guidelines for each position for employment as it becomes available in the City of Meridian. Such evaluation may determine the necessity of a criminal history check and those factors reasonably related to the requirements of that position which may result in disqualification for employment as a result of past criminal activities. Criminal history background checks for law enforcement personnel (sworn and unsworn) under the supervision of the Chief of Police will be done by the Chief, or his designee. SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 4: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. SECTION S: DATE OF EFFECT: This Ordinance shall be in full force and effect after its passage, approval and publication, according to law. HUMAN RESOURCE DEPARTMENT ORDINANCE -PAGE 4 OF 5 • • PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this .~ JrcL day of ~~`~''v1_ , ~$zoo/, APPROVED ~~dayof A BY THE MAYOR OF THE CITY O•F MERIDIAN, IDAHO, this c%G"mac ate, , °866 2 oD!/ City Cleric ey/Z:\Work\M\Meridian\Meridian 15360M\Human Resources\HR Dept Ord Robert D. Corrie ,4Sit i l l l`l li t l tLrl//~.1,,,7~~~~ i' I ~' TFQ ~_ ~A~L ea ¢O100.wpde'~s' '' ~~~ ~:p jai : .tires ~~~~~4 ~k~ ~ ,~ ~ ~ !/~'1~',.....(~i3 t,~~~i HUMAN RESOURCE DEPARTMENT ORDINANCE -PAGE 5 OF 5 • January 19, 2001 Ordinance MERIDIAN CITY COUNCIL MEETING January 23, 2001 APPLICANT ITEM NO. 5 REQUEST Investigation of Applicant Ordinance 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: COMMENTS See attached Ordinance ~n~ o ~' ~ ~,J r~~ _~ RECEIVED JAN 11 2001 CITY OF MERIDIAN OTHER: Contacted: Date: Phone: Materials presented at pubec meetings shall become property of the CNy of Merldtan. r u ~~~~1~ ~A~y 1,12001 interoffice M E M O R A N D U M RECEIVED To: William G. Berg, Jr. JAN 1 1 2001 From: Wm. F. Nichols CITY OF MERIDIAN Subject: Investigation of Applicant Ordinance Date: January 10, 2001 Attached you will find an original of the strike-through and underlined ordinance and the original clean ordinance. This ordinance was discussed at the City Council Workshop held on Tuesday, January 9, 2001, and was approved for placement upon an upcoming Council agenda. Therefore, please place this Investigation of Applicant Ordinance upon an upcoming City Council agenda. If you have any questions arise please give me a call. msg/Z:\Worlc\M\Meridian\Meridian 15360M\Police Dept\Ordinances\BergInvestAppOrdO11001.Mem • CITY OF MERIDIAN ORDINANCE NO.~Z ~~ A'~~ ~aN ~ s tom CITY OF MERIDIAN AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 6 A OF CHAPTER 1 OF TITLE 3 MERIDIAN CITY CODE BY THE DELETION THERETO OF NUMBER 8 AND TO RENUMBER 9 THROUGH 13 OF SECTION A; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Meridian City Code Chapter 1 of Title 3, Section 6, be, and the same is hereby amended by the deletion thereto of number 8 and to renumber 9 through 13 and to read as follows: 3-1-6: INVESTIGATION OF APPLICANT; REQUIREMENTS: A. Determine Suitability Of Applicant: In order to determine an applicant's suitability for a license relating to the following activities: 1. City alcohol licenses and permits, 2: Vendors, peddlers and solicitors, 3. Itinerant merchants, 4. Precious metals dealers, 5. Pawnbrokers, 6. Escort business operators and employees, 7. Private security service operators and employees, 8: Obscenity activists who are subject to licensing, 9. Massage parlor employees, owners and operators, 1 U. Police athletic league coaches and volunteers, 11. Citizens on patrol volunteers, 12. Police reserves, the City shall require the applicant to, and the applicant shall, furnish to the Police Department a full set of fingerprints. The Police Department shall perform, or have the Idaho Department of Law Enforcement or the Federal Bureau of Investigation perform, a criminal background investigation. (Ord. 744, 9-17-1996; amd. 1999 Code) SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 4: DATE OF EFFECT: This Ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2001. Mayor Robert D. Corrie ATTEST: City Clerk Z:\Work\M\Meridian\Meridian 15360M\Police Dept\Ordinances\AmendGenLicenseOrd3-1-6A.OrdCleanFina1060100 WHITE PETERSON ~~ WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE WM. F. GIGRAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARAY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE*• WILLIAM 1. NICHOLS~` •ALSO ADMITTED IN OR ••ALSO ADMITTED IN WA William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288.2501 February 9, 2001 Re: Ordinance No. O 1-906, Summary of Publication Dear Will: NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for sewer pretreatment, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Very truly yours, Wm. F. Enclosure Z:\Worlc\M\Meridian~JVleridian 15360M\Ordinances City Hall\2001 Ordinances\BergSumOrd020101Ltr.wpd NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. O 1-906 PROVIDING FOR SEWER PRETREATMENT An Ordinance of the City of Meridian repealing Title 9 Chapter 2 relating to Sewer Pretreatment; to enact a new Title 9 Chapter 2 Sewer Pretreatment; and to provide for General Provisions, General Sewer Use Requirements, Pretreatment of Wastewater, Wastewater Discharge Permit Application, Wastewater Discharge Permit Issuance Process, Additional Reporting Requirements, Compliance Monitoring, Confidential Information, Publication of Users in Significant Noncompliance; Administrative Enforcement Remedies, Judicial Enforcement Remedies, Supplemental Enforcement Action, Affirmative Defenses to Discharge Violations, Wastewater Treatment Rates, Miscellaneous Provisions, Providing for effect of invalidity; Providing a saving clause and providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the ~ RD day of ~ , 2001. k1~~41t11i~'~iftlgry~~r ®~ City of Meridian U v ~ ~~ Mayor and City Council ~- By: William G. Berg, Jr., City Clerlc '~~^.,~'~'p~ t~ ,'~ ,a ~'~ir~~EB?Y ;+FYt~~u~~1Y Z:\Worlc\M\Meridian\Meridian 15360M\Ordinances City Hall\2001 Ordinances\SumO ~ RECEIVED FEB ~ 9 2001 WHITE PETERSON cit ~ ~a y ~~~' ~ [oe WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. JULIE KI FIPI FISCHER WQ.LfAM F. NICHOLS' ATTORNEYS AT LAw NAMPA OFFICE WM. F. GIGRAY, III CHRISTOPHER S. NYE (04 9TH AVE. SOUTH BRENT J. IOHNSON PHII..IP A. PETERSON ZOO EAST C.vu.TON AVE., SUITE 31 POST OFFICE BOX 247 D. SAMUEL JOHNSON ERIC S. ROSSMAN POST OFFICE BOX1150 NAMPA. IDAHO 83653-0247 LARRY D. MOORE TODD A. ROSSMAN IDAHO 83680-1150 MERIDIAN TEL. (208) 466-9272 WILLIAM A. MORROW DAVID M. SWARTL,EY , FAX (208) 466-4405 TERRENCER WHITE" TEL (208)288-2499 'Also admitted in OR FAX (208) 288-2501 PLEASE REPLY TO '" Also admitted in WA MERIDIAN OFFICE FACSIMILE TRANSMITTAL DATE: ~~ g. ~Dl~~ TO: COMP r FAX #: ~ ~ ~~~1 ~' PHONE: RE: . ~ f _' NUMBER OF PAGES: TIME: FROM: ~%`~f~--P~~ ~~ White Peterson, Meridian Office PHONE: (208) 288-2499, ext. COMMENTS: /it C ,.,~/~-~ ~~ o? ~' ~ ~~GZ~~~ ~~ Confidentiality Note: The contents of this transmission are intended to be seen and used only by the individual to whom it is addressed. If you receive this transmission in error please call our office so that we may arrange to pick up the document and route it to the office it was intended for. You may call collect if long distance: (208) 288-2499. Thanks. ** TX CONFIRMATION ORT ** DATE TIME TOiFROM 25 02113 16 09 92083776449 AS OF FEB 13 '01 16~~d PAGE. 01 CITY OF MERIDIAN MODE MINiSEC PGS CMD# STATUS EC--S 00'49" 003 105 OK City of Meridian ~r~- ~ City Clerk's Office Shelby Ugarriza, Deputy City Clerk (208) 88&4433 ext. 210 Fax (208) 888-4218 33 East Idaho, Meridian, ID 83642 ro: Janice Hildreth From: Shelby Fax: Pages: 3 Phone: Hare: 2.13-O1 Re: Ordinance No. 01-906 cc: ~ Urgent O Far Review O Please Comment O Please Repy ^ Please Recycle Janice, Please publish once ASAP ~ I guess that would be Saturday, February 17, 2000, Thanks. Call me if you have any questions. Shelby. City of Meridian City Clerk's Office Shelby Ugarriza, Deputy City Clerk (208) 888-4433 ext. 210 Fax (208) 888-4218 33 East Idaho, Meridian, ID 83642 FGX to: Janice Hildreth From: Shelby Fax: Pages: 3 Phone: dare: 2-13-O1 Re: Ordinance No. Ol -906 cc: ^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Recycle Janice, Please publish once ASAP - I guess that would be Saturday, February 17, 2000. Thanks. Call me if you have any questions. Shelby. s CITY OF MERIDIAN ORDINANCE NO. ~('~ 7 ~J AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 6 A OF CHAPTER 1 OF TITLE 3 MERIDIAN CITY CODE BY THE DELETION THERETO OF NUMBER 8 AND TO RENUMBER 9 THROUGH 13 OF SECTION A; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, TDAHO: SECTION 1: That Meridian City Code Chapter 1 of Title 3, Section 6, be, and the same is hereby amended by the deletion thereto of number 8 and to renumber 9 through 13 and to read as follows: 3-1-6: INVESTIGATION OF APPLICANT; REQUIREMENTS: A. Determine Suitability Of Applicant: In order to determine an applicant's suitability for a license relating to the following activities: 1.'`' City alcohol licenses and permits, 2. Vendors, peddlers and solicitors, 3. Itinerant merchants, 4. Precious metals dealers, 5. Pawnbrokers, 6. Escort business operators and employees, 7. Private security service operators and employees, °~. , 9-8. Obscenity activists who are subject to licensing, ~ • -1-~9. Massage parlor employees, owners and operators, X10. Police athletic league coaches and volunteers, -1-x:11. Citizens on patrol volunteers, X12. Police reserves, the City shall require the applicant to, and the applicant shall, furnish to the Police Department a full set of fingerprints. The Police Department shall perform, or have the Idaho Department of Law Enforcement or the Federal Bureau of Investigation perform, a criminal background investigation. (Ord. 744, 9-17-1996; amd. 1999 Code) SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 4: ~ DATE OF EFFECT: This Ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _ day of ~Gtlzu..a.2 , 2001. APPROVED BY THE MAYOR OF THE CITY OF ERIDIAN, IDAHO, this day of ~~~,rv~. y , 2001. R~xb~rt D. Corrie ~~ ATTEST: ~,~~~,,~~# ~~~ ~,~,`~.~~ /~ri ~ ~~ City Clerk ~ ~,~~ ~. ~ ~~ Z:\Work\M\Meridian\Meridian 15360M\Police Dept\OrdinanF~s is e(~r ?.{~rd r~ ~ ~ \~ti rr`~~~Xk1t~F.lr#i~F~~'4t'~~4tka~~K~ ~~ 2!3 r~ ~ ~ mp ~~ z -~ zp Z T1 ~ ~ E 5fH AVE d00°31'11 "E 214.79' ,~ ° ? V ~ C m S00°31'04"W 213.43' N BALTIC PLACE D m r • m N ~ v z 0 won ~ m o - m ~ m ~ C'1 o ~ v y ~ O ? Z O o- m w ~~_ z m ~ ~ IV p Z m CD Q 0 ~v W Z ~ D ~• Z a, m `~ z ~ O ~7~' O ~ ~ O CD W LOCUST GROVE RD J o N .P ~y O O m W s N00°31'11"E N00°31'04"E 261.85' 213.13' MN~g019~N ~ ~ ~ p S00°31'11°W N w 262.03' `.' ' ~ m - ~ ~ S00°31'04" 0 148 08' . m S00°31'04"W 1229.82' ~~ ~z z -i z O z -n G7 h 0 s (sA~ CF T m ~ - m z 0 N l J m mg ~ ~m ~ z~ ~ z ~ V D~ m ~ O ~ .-C_1 Z ~g D m Z m v Dp z ao v ~z - D umi m Z D ~ ,p o ~ ~ ~ O D C7 m r D ~ ~ ~ ~ ~ LOCUST GROVE RD 11 I f °° January 19, 2001 Ordinance MERIDIAN CITY COUNCIL MEETING January 23, 2001 APPLICANT ITEM NO. 6 REQUEST Alcoholic Beverages Ordinance AGENCY COMMENTS CITY CLERK: See g1'1'ached Ordinance CITY ENGINEER: CITY PLANNING DIRE CfTY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: °" ~ o~~ .~ 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: ~~ G1i ~' RECEIVED JAN 1 1 2001 CITY OF MERIDIAN OTHER: Contacted: Date: Phpne: Materials presented at pubOc meetings shah become property of the City of Meridian. u ~~8~~ D JAN 112001 interoffice MEMORANDUM RECEIVED To: William G. Berg, Jr. JAN 1 1 2001 From: Wm. F. Nichols CITY OF MERIDIAN Subject: Alcoholic Beverages Ordinance Date: January 11, 2001 Please find attached the original clean and original strike-through / underlined Alcoholic Beverage Ordinance. This ordinance was discussed and reviewed at the City Council's Workshop on Tuesday, January 9, 2001. This matter was approved to be placed upon an upcoming City Council agenda. Therefore, please place this ordinance upon an upcoming City Council Consent agenda. If you have anything further or any questions please advise. Msg/Z:\Work\l~i\Meridian\Meridian 15360M\Ordinances City Hall\2001 Ordinances\BergAlcoholicBevOrdO11101.Mem i ~ CITY OF MERIDIAN ORDINANCE NO. ~!~ /~~ RE E D t~ ~ CITY OF MERIDIAN AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 3 CHAPTER 4 TITLE 6 OF THE MERIDIAN CITY CODE BY PROVIDING FOR A NEW HEADING AND FOR THE ADDITION THERETO TO INCLUDE ALCOHOLIC BEVERAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING BEER, WINE AND DISTILLED SPIRITS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Section 3 Chapter 4 of Title 6, Meridian City Code, be, and the same is hereby amended to read as follows: 6-4-3: MINOR IN CONSUMPTION OR POSSESSION: It shall be unlawful for any person to procure, sell, or, furnish, an alcoholic. beverage, including but not limited to any distilled spirits, beer or wine, to any person under the age of twenty one (21) years; or for any person under the age of twenty one (21) years to purchase, attempt to purchase or otherwise procure, consume or have in his possession any alcoholic beverage. SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted -and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared .invalid. SECTION 4: DATE OF EFFECT: This Ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. CJ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2001. Mayor Robert D. Corrie ATTEST: City Clerk Z:\Work\M\Meridian\Pvleridian 15360M\Ordinances City Hall\2001 Ordinances\Addto6-4-3BeerOrdCLEAN.wpd CITY OF MERIDIAN ORDINANCE NO. ~~~ 7 ~~ AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 3 CHAPTER 4 TITLE 6 OF THE MERIDIAN CITY CODE BY PROVIDING FOR A NEW HEADING AND FOR THE ADDITION THERETO TO INCLUDE ALCOHOLIC BEVERAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING BEER, WINE AND DISTILLED SPIRITS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Section 3 Chapter 4 of Title 6, Meridian City Code, be, and the same is hereby amended to read as follows: 6-4-3: MINOR IN CONSUMPTION OR POSSESSION: It shall be unlawful for any person to procure, sell~or gee furnish, an alcoholic beverage, including but not limited to any distilled spirits, beer or wine, to any person under the age of twenty one (21) yearsi or for any person under the age of twenty one (21) years to purchase, attempt to purchase or otherwise procure, consume or have in his possession any beer alcoholic beverage. SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 4: DATE OF EFFECT: This Ordinance shall be in full force and effect within orie (1) month after its passage, approval and publication, according to law. :J PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 23 ~-day of ~T t2~Cc~N , 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 23 r-`'~" day of ~C~~~~t-y'~1 , 2001. r May r Robert D. Corrie ATTEST: ~,~,~r~r~r~eu~~a~`r ~A~ti~~ ~ T~r`~~ /~~%~ $ ~ ~ .". ><ty Clerlc ~L ~. Z:\Worlc\M\Meridian\Meridian 15360M\Ordinances City Hall\2001 Ordin~~~~~dt56~~gerOrd.wpd • January 19, 2001 Ordinance MERIDIAN CITY COUNCIL MEETING January 23, 2001 APPLICANT ITEM NO. 7 REQUEST Cross-connection / Backflow Amended Ordinance AGENCY COMMENTS CITY CLERK: See attached OrdlnanCe 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 OF ADA COUNTY HIG ,RECEIVE.I~ SANITARY SERVICI CENTRAL DISTRIC NAMPA MERIDIA JAN 1 1 2001 CITY OF MERIDIAN' SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~o~ ~~ ~ ~ ~~~~ Contacted: Date: Phone: - Matertals presented at pubNc meetings shatl become property of the CNy of Meridian. interoffice M E M O R A N D U M RECEIVED To: William G. Berg, Jr. JAN 1 1 2001 From: Wm. F. Nichols CITY OF MERIDIAN Subject: Cross-Connection / Backflow Amended Ord. Date: January 11, 2001 Please find attached a revised Cross-Connection/Backflow Amended Ordinance. Please note that I have added on page 4 under 9-3-4 A the 5 circumstances for the baclcflow prevention devices. Therefore, please replace this ordinance, whickl is dated O 1-11-01 in the footer, with the previous you have in your possession. This will help clarify that portion of the ordinance. If you have any question please advise. ~~Q ~~6 1 1~p\ 1 ,P~ msg/Z:\Work\M\Meridian\Meridian 15360M\Sewer\Ordinances\BergXConnectBaclcFlowAmedOrdO11101.Mem CITY OF MERIDIAN u ORDINANCE NO. Q~~~~~ ~d~j C~cvnc~Z `cam ~i AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTIONS 2, 4 B. 1. AND C. 3., TO DELETE THE WORDS HEALTH AND WELFARE WITHIN THESE SECTIONS AND ADD THE WORDS ENVIRONMENTAL QUALITY, AMENDING SECTION 3 TO REFERENCE AN ACCEPTED RESOURCE FOR PROCEDURES AND PRACTICES, AMENDING SECTION 4 A.; ENACTING A NEW SUBSECTION D. IN SECTION 5 ESTABLISHING WHO WILL MADE THE FINAL DETERMINATION REGARDING CROSS CONNECTIONS, AND ENACTING A NEW SUBSECTION C. IN SECTION 6 A 1. PERTAINING TO REFUSAL TO COMPLY OF THE MERIDIAN CITY CODE; REPEALING ANY ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; VALIDITY OF ORDINANCE; SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Section 2, Definitions, of Chapter 3 of Title 9, Meridian City Code be, and the same is hereby amended to read as follows: 9-3-2: DEFINITIONS: BACI<FLOW: The flow, in the opposite direction from that intended, of any foreign substance which may enter the water supply system or of any contaminated or polluted water. CROSS-CONNECTION / BACI<FLOW AMENDED ORD. ®1-11-01 BACI<FLOW An approved device which counteracts back pressure PREVENTION DEVICE: and/or prevents back siphonage. A reduced pressure principal backflow prevention device, a double check valve assembly, a pressure or atmospheric vacuum breaker shall be considered approved if it has successfully passed the performance tests of the University of Southern California Engineering Center or other testing laboratories acceptable to the City and the State of Idaho Department of ~~ ~'' `"'~' `~ °~ Environmental Ouality. CITY: The City of Meridian or any authorized agent thereof. CONTAMINATION: The infiltration of either solids, liquids or gases into the water supply system which does constitute public health hazard. CROSS-CONNECTION: Any physical arrangement whereby the water supply system is connected either directly or indirectly with any unapproved water supply, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains or may contain any substance capable of pollution of contamination. CUSTOMER: Any persons and/or premises receiving water from the City water supply system. POLLUTION: The infiltration of either solids, liquids or gases into the water supply system which, although not constituting a public health hazard, does impair the water quality with respect to taste, odor, color or .gip turbid. WATER SUPPLY SYSTEM:The potable water supply system provided by the City of Meridian. CROSS-CONNECTION / BACI<FLOW AMENDED ORD. 01=11-01 2 • SECTION 2: That Section 4 B. 1. of Chapter 3 of Title 9, Meridian City Code be, and the same is hereby amended to read as follows: 9-3-4 B. Types of Facilities Requiring Devices: 1. The following types of facilities shall fall into one of the above categories where a backflow prevention device is required to protect the water supply system unless the City and the State Department of u~"'`'' ~~a `"'~"~°~ Environmental Quality determine that no hazard exists: SECTION 3: That Section 4 C. 3. of Chapter 3 of Title 9, Meridian City Code be, and the same is hereby amended to read as follows: 9-3-4 3. Back siphonage, such as from irrigation sprinkler systems, may be prevented by the use of either atomospheric vacuum breakers or pressure vacuum breakers, as directed by the City and the State Department of u~~'`'' ~~a `"'~"~°~ Environmental Quality: SECTION 4: That Section 3 of Chapter 3 of Title 9, Meridian City Code be, and the same is hereby amended to read as follows: 9-3-3 PROTECTION AGAINST CROSS-CONNECTIONS: No water service or fire sprinkler system connection shall remain or be installed to any customer unless the water supply system is adequately protected against cross-connection by baclcflow prevention devices commensurate with the degree of hazard that either does or potentially may exist. The installation or maintenance of across-connection which may endanger the water supply system quality shall be unlawful and is prohibited. Any such cross-connections now existing or hereafter installed shall be abated. The control or elimination of cross-connections shall be in accordance with this Chapter, the most current PACIFIC NORTHWEST SECTION-AMERICAN WATER WORDS ASSOCIATION CROSS CONNECTION CONTROL MANUAL for accepted procedures and practices, and the Idaho Regulations for Public Drinking Water Systems, section 01-8601.04, dated July 1985 or subsequent revisions, together with any other publications pertaining to cross-connection control approved by CROSS-CONNECTION / BACI~FLOW AMENDED ORD. 01-11-01 3 i the Director of the State Department of LT~~'`~' ~~a `"'ire Environmental Ouality. SECTION 5: That Section 4 A. of Chapter 3 of Title 9, Meridian City Code be, and the same is hereby amended to read as follows: 9-3-4 A. Installation Requirements; Certain Circumstances: Baclcflow prevention devices shall be installed, if possible, within the confines of the affected building in a readily accessible location with adequate clearances for maintenance and testing. If the preceding installation is not possible; the device shall be installed in an accessible above ground, locked, heated, enclosure adjacent to the structure . The structure shall be situated above seasonal high ground water, shall contain a floor drain, shall provide adequate room for testing and maintenance and shall protect the device against freezing. Backflow prevention devices shall be installed under any circumstances included in, but not limited to, the following: 1. Premises housing an auxiliary water supply that has not been approved by the City for its quality and protection. 2. Premises having intricate plumbing arrangements which make it difficult to ascertain whether or not cross- connections exist. 3. Premises where entry is restricted so that inspections for cross-connections could not be made during reasonable hours, at sufficiently short notice to assure that cross- connections do not exist. 4. Premises where any substance handled under pressure could enter into the water supply system. This shall include the handling of process and cooling waters. 5. Premises having a repeated history of cross-connections being created or recreated. CROSS-CONNECTION / BACI~FLOW AMENDED ORD. 01-11-01 4 SECTION 6: That a new subsection D. to Section 5 of Chapter 3 of Title 9, Meridian City Code be, and the same is hereby enacted to read as follows: 9-3-5 D. The Meridian Water Department shall make the final determination regarding cross-connections SECTION 7: That a new subsection c. to Section 6 A. 1. of Chapter 3 of Title 9, Meridian City Code be, and the same is hereby enacted to read as follows: 9-3-6 A. 1. c. SECTION 8: conflict herewith are hereby repealed, rescinded and annulled. SECTION 9: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 10: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. SECTION 11: DATE OF EFFECT: This Ordinance shall be in full force and effect after its passage, approval, and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of ~/GI/Zr,~cvi- , 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2~ day of G~ir~c , 2001. ayo obert D. Corrie, CROSS-CONNECTION / BACI~FLOW AMENDED ORD. 01-11-01 Anv owner who refuses to comply with current procedures and practices required by this Chapter All ordinances, resolutions, orders or parts thereof in 5 ATTEST: ,~ t:,~,,, ~~`''~~ ~~ ~ ~ ~ ~~~ ' SEAL City Clerlc ~ ffl'~t., ~,. ~~, 3itf1~A~~~ Z:\Worlc\M\Meridian\l~leridian 15360M\Sewer\Ordinances\crossconnectbaclcflowORD072100.wpd CROSS-CONNECTION / BACI<FLOW AMENDED ORD. 01-11-01 6 i • February 23, 2001 MERIDIAN CITY COUNCIL MEETING February 27, 2001 APPLICANT ITEM NO. 7 REQUEST Tully Park Dog Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: ~ 1 CITY FIRE DEPT: ~ ~~ D f ~ CITY BUILDING DEPT: ~~ CITY WATER DEPT: CITY SEWER DEPT: ~, Y 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: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ~ ~~G interoffice 2~2~'°~ MEMORANDUM C~ (~NO•~ To: William G. Berg, Jr. From: Marlene St. George Subject: Tully Park Dog Ordinance Generations Plaza Permissive Encroachment Agreement Generations Plaza Building No. 2 Easement Agreement Date: February 23, 2001 Please find attached the following documents, which are to set to be on the City Council Workshop on Tuesday, February 27, 2001. 1. Tully Park Dog Ordinance; 2. Generations Plaza Permissive Encroachment Agreement; and 3. Generations Plaza Building No. 2 Easement Agreement. If you have questions or need anything further, please advise. msg/Z:\Work\MUVieridian\Meridian 15360M\Ordinances City Hall\2001 Ordinances\Berg022201.Mem CITY OF MERIDIAN ORDINANCE NO. ~~~ ! l2 AN ORDINANCE RELATING TO TULLY PARK REPEALING SUBSECTION C OF SECTION 2 CHAPTER 7 OF TITLE 8 OF THE MERIDIAN CITY CODE BY THE ADDITION THERETO OF A NEW SUBSECTION C TO PROVIDE FOR THE ALLOWANCE OF DOGS ON LEASHES IN TULLY PARK; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1: That subsection C of section 2 of Chapter 7 of Title 8 of the Meridian City Code, be, and the same is hereby repealed: SECTION 2: That subsection C of section 2 of Chapter 7 of Title 8 of the Meridian City Code, be, and the same is hereby enacted to read as follows: 8-7-2 C TULLY PARK: C. Canines: Lease Required: When Tully Parlc is open to the public, canines, possessing a valid dog license, are allowed in the Parlc so long as they are leashed and within control of their owner. SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 4: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 5: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. SECTION 6: DATE OF EFFECT: This ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of __~~~~~y , 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z~ day of /~G>hhGt,~2~j , 2001. ay Robert D. Corrie ATTEST: `,t``~~iQ~..ME~~,`~/'~.,, rr1~ C~' o~or,,t ~'~'~ `'-, 4 ` M *~ ~ `r eti ti ity Clerlc ~ ~~~ i 7 1r~m M1~- ~•. ~~~~J~t $ a+F; d?'. as ~1>uAtit\ Z:\Worlc\M\Meridian\Meridian 15360M\Ordinances City Hall\2001 Ordinances\Tu1lyParkLeashOrd ~ • January 19, 2001 Ordinance MERIDIAN CITY COUNCiI MEETING January 23, 2001 APPLICANT ITEM NO. 8 REQUEST Wastewater Pretreatment Ordinance AGENCY COMMENTS CITY CLERK: See attgched Ordinance CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: /~ CITY WATER DEPT: I ~D CITY SEWER DEPT: /,~/~ I" MERIDIAN SCHOOL DISTRICT: U/ ~ 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: ~ ~//`7 -~ ~f s-2T G~ OTHER: Contacted: Date: Phone: Mat~rMis presented at publk meetings shah become property of the CNy of Meridian. J~f-~9~ ' 8 ,~, interoffice l~i~~1{~~~>F~~~E r'?IT ~' ~j" itJI~~~IDI~ MEMORANDUM RECEIVED To: William G. Berg, Jr. JAN 18 2001 From: Wm. F. Nichols ~ CITY OF MERIDIAN Subject: Wastewater Pretreatment Ordinance, Resolution and Cert. of Clerk Date: January 17, 2001 Attached you will find the originals of the Wastewater Pretreatment Ordinance, Resolution and Certificate of Clerk. Please place these items upon an upcoming City: Council meeting. They were reviewed and discussed at the City Council Workshop on Tuesday, January 9, 2001. ~~~ If you have questions arise on this m~ ~~ ~~ Q~d.~~~ ~ ~ ~~~~~. msg/Z:\Work\M`,Meridian\Nleridian 15360M\Resolutions City Hall\2001\BergMayorCouncilWWPretmtOrd011201.Mom • RECE~~.I? .. -- JA ~ti ~ 8 ~r;:- i n t e r ®f f i c e ~Y~~s oFF~~E MEMORANDUM rrTY °F ~xrnraN RECEIVED To: William G. Berg, Jr. ,IAN 18 2001 From: Wm. F. Nichols ~ CITY OF MERIDIAN Subject: Wastewater Pretreatment Ordinance, Resolution and Cert. of Clerk e Date: January 17, 2001 ~ - '~ Attached you will find the originals of the Wastewater Pretreatment Ordinance, Resolution and Certificate of Clerk. Please place these items upon an upcoming City`Council meeting. They were reviewed and discussed at the City Council Workshop on Tuesday, January 9, 2001. If you have questions arise on this matter, please advise. - ~c-t l+~eau~ daa`e ~ -~er ~~te~otiU,,.~ - ~d fri ~w6G~f~ hefica~ ~f~h: 2%~~) msg/Z:\Work\M`,MeridianuVleridian 15360M\Resolutions City Hall\2001\BergMayorCouncilWWPretmtOrd011201.Mem RECEIVED JAN 18 2001 RESOLUTION NO. CITY OF MERIDIAN WASTEWATER PRETREATMENT BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF MERIDIAN PURSUANT TO THE WASTEWATER PRETREATMENT ORDINANCE AT CHAPTER 2 OF TITLE 9 OF THE MERIDIAN CITY CODE OF THE CITY OF MERIDIAN ESTABLISHING FEES. SECTION 1: WHEREAS, the City Council finds: 1.1 It is necessary to establish certain fees to reimburse the Wastewater Department for costs and expenses incurred in administering and enforcing the City's Wastewater Pretreatment Ordinance, and applicable State and Federal Regulations; and 1.2 The City Council for the City of Meridian, Idaho, has held a public hearing to review proposed fees to be charged by the Wastewater Department; and 1.3 The City Council of the City of Meridian, Idaho, has determined that said fees are necessary for preservation of the health, peace and safety of the citizens of the City of Meridian. r BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Th'e City Council does hereby establish the following fees in connection with the previsions of the City's Wastewater Pretreatment Ordinance: a. Pretreatment Application Fee-New Commercial Construction, (other than shell construction): $150.00 b. Commercial Pretreatment Application Fee-Tenant Improvement For Previously Shell Construction Building: $150.00 Follow-up Inspection Fee For Interceptor Vaults and/orTraps: $ (If upon initial inspection, the Superintendent or his designee determines that an interceptor vaults and/or traps must be pumped and cleaned in order to obtain compliance with the. City's Wastewater Pretreatment Ordinance, the operator of the facility containing the interceptor vaults and/or traps will be notified that said interceptor vaults and/or traps must be pumped and cleaned within five (5) working days of the notice. If upon re-inspection, the interceptor vaults and/or traps have not been pumped and cleaned, the inspection fee designated herein shall be charged for each time, up to one (1) time per day, that the Superintendent, or his designee, comes on to the property to 42.50 per inspection RESOLUTION - 1 determine whether in fact the interceptor vaults and/or traps have been pumped and cleaned. Sampling Fee: $ 85.00 Plus the cost of the independent laboratory analysis. Monitoring Fee: $145.00 per day Plus the cost of the independent laboratory analysis. Emergency Incident Fee: $260.00 Plus $65.00 per hour after the first four (4) hours, plus any additional out of pocket costs, independent laboratory analysis costs, etc., incurred as a result of said emergency incident. Annual Septage Hauler Permit Fee: $ 50.00 per year Significant Industrial User (SIU's) fees shall be negotiated with the User and written into the applicable Pretreatment permit. SECTION 2: This enforcement policy is not intended nor does it preclude any other lawful enforcement actions appropriate under the ordinance to the facts presented by the non-compliant user. PASSED BY THF, CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2001. By: ATTEST: City Clerk Mayor Robert D. Corrie msg\Z:\WorkUvl\Meridian\Meridian 15360M\liesolutions City Hall\2001\WasteWaterPretremtRes.wpd day of day of RESOLUTION - 2 RECEIVED CERTIFICATE OF CLERK JAN ' 8 2001 OF OITY OF MERIDIAN THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerlc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. Tllat as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , 2001, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN PURSUANT TO THE WASTEWATER PRETREATMENT ORDINANCE AT CHAPTER 2 OF TITLE 9 OF THE MERIDIAN CITY CODE OF THE CITY OF MERIDIAN ESTABLISHING FEES. SECTION I: WHEREAS, the City Council finds: 1.1 It is necessary to establish certain fees to reimburse the Wastewater Department for costs and expenses incurred in administering and enforcing the City's Wastewater Pretreatment Ordinance, and applicable State and Federal Regulations; and 1.2 The City Council for the City of Meridian, Idaho, has held a public hearing to review proposed fees to be charged by the Wastewater Department; and 1.3 The City Council of the City of Meridian, Idaho, has determined that said fees are necessary for preservation of the health, peace and safety of the citizens of the City of Meridian. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: The City Council does hereby establish the following fees in connection with the prgvisions of the City's Wastewater Pretreatment Ordinance: a. Pretreatment Application Fee-New Commercial Construction, (other than shell construction): $150.00 b. Commercial Pretreatment Application Fee-Tenant Improvement For Previously Shell Construction Building: $150.00 c.. Follow-up Inspection Fee For Interceptor Vaults and/or Traps: $ 42.50 per inspection CERTIFICATE OF CLERK OF THE 1 CITY OF MERIDIAN (If upon initial inspection, the Superintendent or his designee determines that an interceptor vaults and/or traps must be pumped and cleaned in order to obtain compliance with the City's Wastewater Pretreatment Ordinance, the operator of the facility containing the interceptor vaults and/or traps will be notified that said interceptor vaults and/or traps must be pumped and cleaned within five (5) working days of the notice. If upon re-inspection, the interceptor vaults and/or traps have not been pumped and cleaned, the inspection fee designated herein shall be charged for each time, up to one (1) time per day, that the Superintendent, or his designee, comes on to the property to determine whether in fact the interceptor vaults and/or traps have been pumped and cleaned. Sampling Fee: $ 85.00 Plus the cost of the independent laboratory analysis. Monitoring Fee: $145.00 per day Plus the cost of the independent laboratory analysis. Emergency Incident Fee: $260.00 Plus $65.00 per hour after the first four (4) hours, plus any additional out of pocket costs, independent laboratory analysis costs, etc., incurred as a result of said emergency incident. Annual Septage Hauler Permit Fee: $ 50.00 per year Significant Industrial User (SIU's) fees shall be negotiated with the User and written into the applicable Pretreatment permit. SECTION 2: This enforcement policy is not intended nor does it preclude any other lawful enforcement actions appropriate under the ordinance to the facts presented by the non-compliant user. WILLIAM G. BERG, jR. CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN ! • STATE OF IDAHO, County of Ada, . ss. On this day of October, in the year 2001, before me, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ Z:\Work\M\Meridian\Meridian 15360M\Resolutions City Hall\2001\CertCIkWWPTmtRES.wpd CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN • RECEIVED CITY OF MERIDIAN JAN- 1 8 2001 ORDINANCE NO. Q ~To6 CITY OF MERIDIAN AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING TITLE 9 CHAPTER 2 SEWER PRETREATMENT OF THE MERIDIAN CITY CODE AND ENACTING A NEW TITLE 9 CHAPTER 2 SEWER PRETREATMENT OF THE MERIDIAN CITY CODE; PROVIDING FOR GENERAL PROVISIONS; GENERAL SEWER USE REQUIREMENTS; PRETREATMENT OF WASTEWATER; WASTEWATER DISCHARGE PERMIT APPLICATION; WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS; ADDITIONAL REPORTING REQUIREMENTS; COMPLIANCE MONITORING; CONFIDENTIAL INFORMATION; PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE; ADMINISTRATIVE ENFORCEMENT REMEDIES; JTJDICIAL ENFORCEMENT REMEDIES; SUPPLEMENTAL ENFORCEMENT ACTION; AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS; WASTEWATER TREATMENT RATES; MISCELLANEOUS PROVISIONS; PROVIDING FOR EFFECT OF INVALIDITY; PROVIDING A SAVING CLAUSE AND PROVIDING THAT ALL ORDINANCES AND RESOLUTIONS IN CONFLICT ARE REPEALED AND RESCINDED; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That Title 9 Chapter 2 Sewer Pretreatment of the Meridian City Code is hereby'repealed. Section Z: That a new Title 9 Chapter 2 Sewer Pretreatment is hereby enacted to read as follows: SEWER PRETREATMENT SECTION 9-2-1 -GENERAL PROVISIONS 9-2-1(A) Purpose and Policy 9-2-1(B) Administration 9-2-1(C) Abbreviations 9-2-1(D) Definitions Sewer Pretreatment Ordinance -Page 1 of 56 SECTION 9-2-2 -GENERAL SEWER USE REQUIREMENTS 9-2-2(A) Prohibited Discharge Standards 9-2-2(B) National Categorical Pretreatment Standards 9-2-2(C) State Pretreatment Standards 9-2-2(D) Local Limits 9-2-2(E) The City's Right of Revision 9-2-2(F) Dilution 9-2-2(G) Deadline for Compliance SECTION 9-2-3 -PRETREATMENT OF WASTEWATER 9-2-3 (A) Pretreatment Facilities 9-2-3(B) Additional Pretreatment Measures 9-2-3(C) Accidental Spill Prevention/Sludge Control Plans 9-2-3(D) Hauled Wastewater 9-2-3(E) Fees SECTION 9-2-4 -WASTEWATER DISCHARGE PERMIT APPLICATION 9-2-4(A) Survey/Wastewater Data Disclosure/Baseline Monitoring 9-2-4(B) Wastewater Discharge Permit Requirement 9-2-4(C) Wastewater Discharge Permitting: Existing Users 9-2-4(D) Wastewater Discharge Permitting: New Users 9-2-4(E) Wastewater Discharge Permit Application Contents 9-2-4(F) Application Signatories and Certification 9-2-4(G) Wastewater Discharge Permit Decisions SECTION 9-2~5 -WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS 9-2-5 (A) V~'astewater Discharge Permit Duration 9-2-5(B) Wastewater Discharge Permit Contents 9-2-5 (C) Transfer of Permits 9-2-5 (D) Extra Jurisdictional Users 9-2-5 (E) Wastewater Discharge Permit Modification 9-2-5 (F) Wastewater Discharge Permit Transfer 9-2-5(G) Wastewater Discharge Permit Revocation 9-2-5(H) Re-issuance 9-2-5(I) Wastewater Discharge Appeals/Procedures SECTION 9-2-6 -ADDITIONAL REPORTING REQUIREMENTS 9-2-6(A) Reports of Changed Conditions 9-2-6(B) Reports of Potential Problems Sewer Pretreati'nent Ordinance -Page 2 of 56 9-2-6(C) Reports from Unpermitted Users 9-2-6(D) Notice of Violation/Repeat Sampling and Reporting 9-2-6(E) Notification of the Discharge of Hazardous Waste 9-2-6(F) Analytical Requirements 9-2-6(G) Sample Collection 9-2-6(H) Timing 9-2-6(I) Record Keeping SECTION 9-2-7 -COMPLIANCE MONITORING 9-2-7(A) Monitoring Facilities 9-2-7(B) Right of Entry: Inspection and Sampling 9-2-7(C) Search Warrants SECTION 9-2-8 -CONFIDENTIAL INFORMATION SECTION 9-2-9 -PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE SECTION 9-2-10 -ADMINISTRATIVE ENFORCEMENT REMEDIES 9-2-10(A) Water Supply Severance 9-2-10(B) Emergency Suspension of Service and Revocation of Permit 9-2-10(C) Notification of Violation 9-2-10(D) Consent Orders 9-2-10(E) Show Cause Hearing 9-2-10(F) Cease and Desist Orders 9-2-10(G) Administrative Fines 9-2-10(H) Termination of Discharge SECTION 9-2-11 -JUDICIAL ENFORCEMENT REMEDIES 9-2-11(A) Injunctive Relief 9-2-11(B) Civil Penalties 9-2-11(C) Recovery of Costs Incurred by City 9-2-11(D) Criminal Prosecution 9-2-11(E) Costs and Attorney Fees 9-2-11(F) Remedies Nonexclusive SECTION 9-2 W 12 -SUPPLEMENTAL ENFORCEMENT ACTION 9-2-12(A) Performance Bonds SECTION 9-2-13 -AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS Sewer Pretreatment Ordinance -Page 3 of 56 • 9-2-13 (A) Upset 9-2-13(B) Prohibited Discharge Standards 9-2-13(C) Bypass SECTION 9-2-14 -WASTEWATER TREATMENT RATES SECTION 9-2-15 -MISCELLANEOUS PROVISIONS 9-2-15 (A) Pretreatment Charges and Fees 9-2-15(B) Severability SECTION 9-2-1 -GENERAL PROVISIONS 9-2-1(A) Purpose and Policy This chapter sets forth uniform requirements for users of the Publicly Owned Treatment Works for the City of Meridian and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The objectives of this chapter are: 1. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation; 2. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Worlcs, inadequately treated, into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Worlcs; 3. To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public; 4. To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Worlcs; 5. To provide equitable fees for permitting, inspection, compliance enforcement, damages and technical assistance resulting from the program described herein; and 6. To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Sewer Pretreatment Ordinance -Page 4 of 56 • Federal or State laws to which the Publicly Owned Treatment Worlcs is subject. This chapter shall apply to all users of the Publicly Owned Treatment Worlcs. The chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. 9-2-1(B) Administration Except as otherwise provided herein, the Superintendent or his or her designee shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Superintendent or his or her designee may be delegated by the Superintendent or his or her designee to other City personnel. 9-2-1(C) Abbreviations The following abbreviations, when used in this chapter, shall have the designated meanings: BOD- Biochemical Oxygen Demand CFR- Code of Federal Regulations COD- Chemical Oxygen Demand EPA- U.S. Environmental Protection Agency gpd- gallons per day mg/1- milligrams per liter MIU- Minor Industrial User NPDES- National Pollutant Discharge Elimination System POTW- Publicly Owned Treatment Worlcs RCRA- Resource Conservation and Recovery Act Sewer Pretreatment Ordinance -Page 5 of 56 i • SIC- Standard Industrial Classification SIU- Significant Industrial User TSS- Total Suspended Solids U.S.C.- United States Code 9-2-1(D) Definitions Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated. ACT OR CLEAN WATER ACT: The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §1251 et seq. APPROVAL AUTHORITY: AUTHORIZED REPRESENTATIVE OF THE USER: The Regional Administrator of the EPA, Region 10, Seattle, Washington, (206) 553-0325, or a person so designated by the Regional Administrator. (1) If the user is a corporation including, but not limited to a limited liability company, (a) The president, secretary, treasurer, or avice-president of the corporation or the manager or member of a limited liability company in charge of a principal business function, or any other person who performs similar policy or decision-malting functions for the corporation; or (b) The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons Sewer Pretreatment Ordinance -Page 6 of 56 or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. BIOCHEMICAL OXYGEN DEMAND OR BOD: BOARD OF APPRAISERS: BYPASS: (2) If the user is a partnership or sole proprietorship: ageneral partner or proprietor, respectively. (3) If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. The individuals described in paragraphs 1 through 3, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Superintendent or his or her designee. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20° centigrade, usually expressed as a concentration (e.g., mg/1). The Board constituted pursuant to Section 9-1-17 of the Meridian Municipal City Code. The intentional diversion of a wastestream Sewer Pretreatment Ordinance -Page 7 of 56 CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: CITY: COLLECTION SYSTEM: from any portion of a user's treatment facility. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Clean Water Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. See Appendix A for a list of regulated pretreatment categories. The City of Meridian. Any devices, pipes, conduits, ditches, sewers or other systems used to collect sewage. ENVIRONMENTAL PROTECTION The U.S. Environmental Protection Agency AGENCY OR EPA: or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency. EXISTING SOURCE: Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Clean Water Act. GRAB SAMPLE: A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes. HAZARDOUS WASTE: A "solid" (defined under RCRA to include solid, liquid, semi solid or gaseous materials) waste, or combination of solid wastes, which because of its quantity, concentration, or Sewer Pretreatment Ordinance -Page 8 of 56 ~ ~ physical, chemical, or infectious characteristics may - (a) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. See 40 CFR Parts 261, 262 for lists of hazardous wastes and characteristics of hazardous waste. INDIRECT DISCHARGE OR The introduction of pollutants into the DISCHARGE: POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Clean Water Act. INDUSTRIAL USER OR USER: Any nondomestic user with an indirect discharge of effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto. This term includes Federal, State, and local facilities as part of the regulated community, since such entities are subject to Federal pretreatment regulations. INSTANTANEOUS MAXIMUM The maximum concentration of a ALLOWABLE DISCHARGE LIMIT: pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample Sewer Pretreatment Ordinance -Page 9 of 56 collected, independent of the industrial flow rate and the duration of the sampling event. INTERFERENCE: A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES permit or of the prevention of sewage sludge residues or scums, use reclamation or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Clean Water Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; and the Toxic Substances Control Act. MASS LIMITATIONS: Amass based effluent limit as set forth in this chapter or in 40 CFR Part 403. MEDICAL WASTE: Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. MINOR INDUSTRIAL USER: A nondomestic user with an indirect Sewer Pretreatment Ordinance -Page 10 of 56 s NEW SOURCE: discharge to the POTW which does not meet the criteria of a Significant Industrial User (SIU), but which is regulated on the basis that it has a reasonable potential (1) to adversely affect the POTW's operation, (2) for violating any pretreatment standard or requirement, or (3) whose operation may warrant inspection to ensure compliance with this chapter. Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Clean Water Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or (b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) The production of wastewater generating processes of the building, structure, facility, or installation are Sewer Pretreatment Ordinance -Page 11 of 56 • substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (1) (b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment. Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (a) Begun, or caused to begin, as part of a continuous onsite construction program (i) any placement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work Sewer Pretreatment Ordinance -Page 12 of 56 including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. NONCONTACT COOLING WATER: Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. NPDES: National pollutant discharge elimination system permit program as administered by the U.S. EPA or State. PASS THROUGH: A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or Sewer Pretreatment Ordinance -Page 13 of 56 ! ~ duration of a violation. PERSON: Any individual, partnership, copartnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. pH: A measure of the acidity or alkalinity of a solution, expressed in standard units. POLLUTANT: Substances, including but not limited to, dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). PRETREATMENT: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. PRETREATMENT MANAGER: A duly authorized representative of the City. Sewer Pretreatment Ordinance -Page 14 of 56 • • PRETREATMENT REQUIREMENTS:Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. PRETREATMENT STANDARDS OR Pretreatment standards shall mean STANDARDS: prohibited discharge standards, categorical pretreatment standards, and state or local limits,. whichever standard is the most stringent. PROHIBITED. DISCHARGE Absolute prohibitions against the STANDARDS OR PROHIBITED discharge of certain substances; these DISCHARGES: prohibitions appear in Section 9-2-2 (A) of this chapter. PUBLICLY OWNED TREATMENT WORILS OR POTW: A treatment works, as defined by Section 212 of the Clean Water Act (33 U.S.C. § 1292) which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. RESIDENTIAL OR DOMESTIC USER: SEPTIC TANK WASTE: A discharge from a source not regulated under Section 307(b), (c) or (d) of the Clean Water Act, State law, this ordinance, or any Federal, state or local regulations. To the extent a business enterprise located in a domestic dwelling generates an indirect discharge the source of such discharge is regulated as a non-domestic user under the provisions of this chapter unless otherwise determined by the Superintendent or his or her designee. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. Sewer Pretreatment Ordinance -Page 15 of 56 SEWAGE: Water-carried wastes or a combination of water-carried wastes from residences, business buildings, institutions or industrial establishments. SEWER: Any pipe, conduit, ditch or other device used to collect and transport sewage from the generating source. SIGNIFICANT INDUSTRIAL USER: (1) A user subject to categorical pretreatment standards; or (2) A user that: (a) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); (b) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (c) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. (3) Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Superintendent or his or her designee may at any time, on his or her own initiative or in response to a Sewer Pretreatment Ordinance -Page 16 of 56 SLUDGE LOAD OR SLUDGE SOLID WASTE: STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE: CI petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 9-2-2 (A) of this chapter. of anon-routine, episodic nature, including, but not limited to, an accidental spill or anon-customary batch discharge. Any water-carried solid, liquid, semi solid or gaseous waste. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget. STORM WATER: Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowbell. SUPERINTENDENT: The person designated by the City, or his or designee, who is charged with certain duties and responsibilities under this chapter. See The City of Meridian's Sewer Use and Service Ordinance, Section 9-4-5 for more information. SUSPENDED SOLIDS: The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering. TOXIC POLLUTANTS: Pollutants or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Sewer Pretreatment Ordinance -Page 17 of 56 • • Protection Agency under Section 307 (33 U.S.C. 1317) of the Clean Water Act. UPSET: An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. USER: A source of indirect discharge. WASTEWATER: Water-carried wastes from domestic dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are discharged to the POTW through a sewer or collection system. WASTEWATER TREATMENT That portion of the POTW which is designed PLANT OR TREATMENT PLANT: to provide treatment of wastewater or sewage. SECTION 9-2-2 -GENERAL SEWER USE REQUIREMENTS 9-2-2(A) Prohibited Discharge Standards 1. General Prohibitions. It shall be unlawful to discharge sewage, pollutants, or wastewater to any sewer, collection system or POTW within the jurisdiction of the City, without having first complied with the terms of this chapter. No user shall introduce or cause to be introduced into the sewer, collection system or POTW any pollutant, sewage or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standard or requirement. 2. Specific Prohibitions. No user shall introduce or cause to be introduced into Sewer Pretreatment Ordinance -Page 18 of 56 • ! the POTW, sewer or collection system the following pollutants, sewage, substances, or wastewater: (a) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with aclosed-cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 CFR 261.21; (b) Any wastewater having a pH less than 6.5 or greater than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the system; (c) Any solid or viscous substances which will or may cause obstruction to the flow in the sewer or other interference with the operation of the wastewater system, such as, but not limited to: grease, garbage with particles greater than one-half inch (1/z") or (1.27cm) in any dimension; (d) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW; (e) Wastewater entering the collection system or sewer having a temperature greater than 160oF or which is at a temperature that will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the entry to the POTW to exceed 104°F (40°C); (f) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through; (g) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW collection system or sewer in a quantity that may cause acute worker health or safety problems; (h) Trucked or hauled pollutants, except at discharge points designated by the Superintendent or his or her designee in accordance with Section 9-2-3(D) of this chapter; (i) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewer or collection system for maintenance or repair; Sewer Pretreatment Ordinance -Page 19 of 56 • . (j) Wastewater which imparts color which cannot be removed by the POTW treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently impart color to the treatment plant's effluent, thereby violating the City's NPDES permit; (lc) Any wastewater containing any radioactive wastes or isotope of such half-life or concentration resulting in an excess of limits established in compliance with applicable State or Federal regulations; (1) Storm water, surface water, ground water, artesian well water, roof runoff, rainwater, subsurface drainage, yard drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and other nonwastewater discharges including, but not limited to unpolluted water, unless specifically permitted by the Superintendent or his or her designee; (m) Sludges, screenings, or other residues from the pretreatment of wastes; (n) Medical wastes, except as specifically authorized by the Superintendent or his or her designee in a wastewater discharge permit; (o) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test; (p) Detergents, surface-active agents, or other substances which may cause excessive foaming in the sewer, collection system or POTW; (q) Fats, oils, or greases of animal or vegetable origin in concentrations greater than 100 mgf l; (r) Any liquids, solids or gases which by reason of their nature or quantity are, or may be sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in another way to the sewer, collection system or POTW or to the operation or personnel of the POTW. At no time shall two (2) consecutive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit. (s) Hazardous Wastes. (t) Limitations On Point Of Discharge: No person shall discharge any substance Sewer Pretreatment Ordinance -Page 20 of 56 directly into a manhole or other opening into the sewer or collection system other than through an approved building sewer connection unless a permit has been issued by the Superintendent or his or her designee. If a permit is granted for the discharge of such substances into the sewer, the user shall pay the applicable charges and fees and meet such other conditions as are required by the Superintendent or his or her designee. (u) Acceptance Of Ground Water From Cleanup Projects: Wastewater generated from the cleanup of spills, leaking underground storage tanks, monitoring wells or other similar sources shall not be discharged through direct or indirect connections to the sewer or collection system unless a permit is issued by the Superintendent or his or her designee. (v) Any substance which will cause the POTW to violate its NPDES and/or other disposal system~permits. (w) Any wastewater at a flow rate and/or pollutant discharge rate which is excessive over a relatively short time period so that there is a treatment process upset, interference or pass through, and subsequent loss of treatment efficiency. (x) Any substance which may cause the POTW's effluent or treatment residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with said sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Clean Water Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, RCRA, the Clean Air Act, the Toxic Substances Control Act, or any other State or Federal standard applicable to sludge management. 3. Prohibitions on Unpolluted Water: Unpolluted water, including, but not limited to, cooling water, process water or blowdown from cooling towers or evaporative coolers shall not be discharged through direct or indirect connection to the sewer, collection system or POTW unless a permit is issued by the POTW. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. 9-2-2 (B) National Categorical Pretreatment Standards The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Sewer Pretreatment Ordinance -Page 21 of 56 Parts 405-471 are hereby incorporated. Several categories and applicable standards are listed in Appendix A. 1. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Superintendent or his or her designee shall impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c). 2. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Superintendent or his or her designee shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e). 3. A user may obtain a variance from a categorical pretreatment standard from the Superintendent or his or her designee if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. Appeals of the denial of variances shall be governed by the procedures set forth in section 9-2-5 (I) of this chapter. 4. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. 9-2-2(C) StatP_ Pretreatment Standards State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards in any instance in which they are more stringent than Federal requirements and limitations, or those in this chapter or other applicable ordinances. 9-2-2(D) Local Limits The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following discbarge limits: Parameter Maximum Daily Concentration (mgfl) Sewer Pretreatment Ordinance -Page 22 of 56 Arsenic 0.25 Cadmium 0.11 Chromium (total) 2.77 Copper 3.38 Cyanide (total) 1.20 Iron 1.50 Lead 0.69 Mercury 0.50 Nickel 3.98 Silver 0.43 Zinc 2.61 TOTAL ORGANICS (TTO) 2.13 ** * Nonmetal finishing standards. ** See list of organic chemicals included in total toxic organics (TTO) regulated under electroplating and metal finishing categories maintained at the Meridian sewer plant. The following pollutants are regulated to ensure compliance with the City's NPDES Permit. Pollutant limits will be established by the Superintendent or his or her designee: BOD (Biochemical Oxygen Demand) COD (Chemical Oxygen Demand) TSS (Total Suspended Solids) E. Coli Total Ammonia as N Total I~jeldahl Nitrogen Nitrate-I~iitrite Total Phosphorus Ortho-Phosphate Turbidity Temperature Hardness pH Dissolved Oxygen Fats, oils and grease All local limits apply at the point where the wastewater is discharged to the collection system or sewer. All concentrations for metallic substances are for "total "metal unless indicated otherwise. Wherever a user is subject to both National Categorical Pretreatment Standards and a state or local limit for a given pollutant, the more stringent limit or standard shall apply. However, the user may obtain a variance from a local limit from the Superintendent or his or her designee for good cause shown. Appeals of the denial of a variance are governed by the procedures set forth in section 9-2-5(I) of this chapter. The Superintendent or his or her designee is also required to Sewer Pretreatment Ordinance -Page 23 of 56 • impose mass limitations by Region 10 of EPA, the City's NPDES Permit and Federal regulations [40 CFR 122.45(f)], for all pollutants except pH, temperature, radiation, and other pollutants not appropriately expressed in terms of mass limits. Such mass limitations shall be calculated as follows [EQ.1], unless otherwise determined by the Superintendent or his or her designee: Mass Limit = Design or actual flow of facility (mgd) [EQ.1 ] x concentration of the pollutant (m~l) x 8.34 9-2-2 (E) The City's Right of Revision The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the collection system, sewer dr POTW. 9-2-2(F) Dilution No user shall ever increase the use of unpolluted (process, potable or other source) water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. 9-2-2(G) Deadline For Compliance Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 9-2-2(A) of this chapter within the time limitations specified by EPA, the State, or the Superintendent, or his or her designee, whichever is more stringent. 1. Existing Users: Full compliance with all requirements of this chapter, including but not limited to, baseline monitoring reports, compliance schedule progress reports, reports on compliance with categorical pretreatment standards, notification of discharges, pretreatment facility construction, permits, etc. by existing users covered by categorical pretreatment standards shall be within three (3) years of the date the standard is effective or within ninety (90) days of notification by the Superintendent, or his or her designee, whichever is earlier, unless a shorter compliance time is specified in the appropriate standard or is required by the Sewer Pretreatment Ordinance -Page 24 of 56 Superintendent or his or her designee. The Superintendent or his or her designee shall also establish a final compliance deadline for any existing user not covered by categorical pretreatment standards. 2. New Source Dischargers: New sources shall install and have in operating condition, and shall start-up, all pollution control equipment required to meet applicable pretreatment standards and requirements before beginning to discharge. Within the shortest feasible time (not to exceed ninety (90) days from the beginning of discharge), new sources must meet all applicable pretreatment standards and requirements. SECTION 9-2 -3 -PRETREATMENT OF WASTEWATER 9-2-3(A) Pretreatment Facilities Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Superintendent or his or her designee for review, and shall be acceptable to the Superintendent or his or her designee before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Superintendent or his or her designee under the provisions of this chapter. 9-2-3(B) Additional Pretreatment Measures 1. Whenever deemed necessary, the Superintendent or his or her designee may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate andlor consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter. 2. The Superintendent or his or her designee may require any person discharging into the sewer, collection system or POTW to install and maintain on its property and at its expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization. 3. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent. or his or her designee; they are necessary for the proper handling of Sewer Pretreatment Ordinance -Page 25 of 56 wastewater containing excessive amounts of grease, oil, and/or sand; except that such interceptors shall not be required for residential users. All interception units shall be of the type and capacity approved by the Superintendent or his or her designee and shall be so located as to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at its expense. 4. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. 9-2-3(C) Accidental Spi11 Prevention/Sludge Control Plans Each Significant Industrial User, or any other user so required by the Superintendent or his or her designee, shall submit a completed accidental spill prevention sludge control plan to the Superintendent or his or her designee within either 60 days after notification by the Superintendent or his or her designee or the commencement of pretreatment operations, whichever occurs first. An accidental spill prevention sludge control plan shall address, at a minimum, the following: 1. Description of discharge practices, including nonroutine batch discharges; 2. Description of stored chemicals; 3. Procedures for immediately notifying the Superintendent or his or her designee of any accidental or slug discharge, as follows: (a) The user shall immediately telephone and notify the Superintendent or his or her designee of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user; (b) Within five (5) days following such discharge, the user shall, unless waived by the Superintendent or his or her designee, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences; (c) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph (a), above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification Sewer .Pretreatment Ordinance -Page 26 of 56 ~ ~ procedures. (d) Such notification must also be given for any discharge which would violate any of the pretreatment standards or requirements contained in this chapter. 4. Procedures to prevent adverse impacts from any accidental or slug discharge: Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, andlor measures and equipment for emergency response. 9-2-3(D) Hauled Wastewater In order to ensure that haulers of septic tank waste are not introducing industrial waste, or other wastes to the POTW, the following is required: 1. Septic tank waste may be introduced into the sewer, collection system or POTW only at locations designated by the Superintendent or his or her designee, and at such times as are established by the Superintendent or his or her designee. Such waste shall not violate this chapter or any other requirements established by the City. 2. The Superintendent or his or her designee shall require generators and haulers of wastewater or sewage to obtain wastewater discharge permits. The Superintendent or his or her designee also may prohibit the disposal of hauled industrial wastewaster. The discharge of hauled industrial wastewater is subject to all other requirements of this chapter. 3. Industrial wastewater haulers may discharge loads only at locations designated by the Superintendent or his or her designee. No load may be discharged without prior consent of the Superintendent or his or her designee. The Superintendent or his or her designee may collect samples of each hauled load to ensure compliance with applicable standards. The Superintendent or his or her designee may require the industrial wastewater hauler to provide a waste analysis of any load prior to discharge. 4. Industrial wastewater haulers must provide awaste-tracking form (manifest) for every load. This form shall include, at a minimum, the name and address of the industrial wastewater hauler, permit number, truck identification, names and Sewer Pretreatment Ordinance -Page 27 of 56 addresses of sources of wastewater, and volume and characteristics of waste. The manifest shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. 9-2-3(E) Fees The Meridian City Council shall establish a fee structure in order to compensate the City for its costs associated with the implementation and enforcement of this chapter as well as costs associated with monitoring, inspection, surveillance and laboratory analysis required by the Federal Wastewater Pretreatment Program, this chapter, or the State of Idaho. SECTION 9-2-4 -WASTEWATER DISCHARGE PERMIT APPLICATION 9-2-4(A) Survey/Wastewater Discharge Data DisclosureJBaseline Monitoring 1. All non-domestic users shall complete and file with the Superintendent or his or her designee a survey on a form prescribed by the City. The survey must be filed within sixty (60) days after notification by the Superintendent or his or her designee or the effective date of this chapter, whichever is later. 2. Within one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), or within sixty (60) days after notification by the Superintendent or his or her designee, whichever is earlier, existing significant industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent or his or her designee a report. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, or minor industrial users requested to do so by the Superintendent or his or her designee, shall submit to the Superintendent or his or her designee a report. New sources and minor industrial users shall report the method of pretreatment they intend to use to meet applicable standards, and give estimates of their anticipated flow and quantity of pollutants to be discharged. 3. Disclosure Forms: Users described in paragraph 2. of this section shall complete and file with the Superintendent or his or her designee a data disclosure form prescribed by the City. This data disclosure form satisfies the requirements of the user baseline monitoring report as described in 40 CFR 403.12(b). The disclosure to be made by the user shall be made on forms provided by the Sewer Pretreatment Ordinance -Page 28 of 56 • Superintendent or his or her designee. 4. Review And Inspection: The Superintendent or his or her designee will evaluate the completeness of the data disclosure form furnished by the user and may require additional information. The City may require inspection and sampling manholes and/or flow measuring or recording and sampling equipment to assure compliance with this chapter. 5. All data disclosure forms shall be signed by an authorized representative of the user as described in Section 9-2-4(F) of this chapter. 9-2-4(B) Wastewater Discharge Permit Requirement 1. No significant industrial user shall discharge wastewater into the sewer, collection system or POTW without first obtaining a wastewater discharge permit from the Superintendent or his or her designee, except that a significant industrial user that has filed a timely application pursuant to Section 9-2-4(C) of this chapter may continue to discharge for the time period specified in such section. 2. The Superintendent or his or her designee may require minor industrial users or other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter. 3. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Sections 9-2-10 through 9-2-12 of this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. 9-2-4(C) Wastewater Discharge Permitting: Existing Users Any user required to obtain a wastewater discharge permit who was discharging wastewater into the sewer, collection system or POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the Superintendent or his or her designee for a wastewater discharge permit in accordance with Section 9-2-4(E) of this chapter, and shall not cause or allow discharges to the sewer, collection system or POTW to continue after one hundred eighty (180) days of the effective date of this Sewer Pretreatment Ordinance -Page 29 of 56 chapter except in accordance with a wastewater discharge permit issued by the Superintendent or his or her designee. 9-2-4(D) Wastewater Discharge Permitting: New Users Any user required to obtain a wastewater discharge permit who proposes to begin discharging into the sewer, collection system or POTW must obtain the permit prior to the beginning of such discharge. An application for this wastewater discharge permit, in accordance with Section 9-2-4(E) of this chapter, must be filed at least ninety (90) days prior to the date upon which any discharge will begin. 9-2-4(E) Wastewater Discharge Permit Application Contents All users required to obtain a wastewater discharge permit must submit a permit application. The Superintendent or his or her designee may require all users to submit as part 'of an application the following information: 1. Identifying Information. The name and address of the facility, including the name of the operator and owner. 2. Disclosure of Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended. 3. Environmental Permits. A list of any environmental control permits held by or for the facility. 4. Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes. 5. Disclosure of wastewater constituents and characteristics including, but not limited to, those mentioned in this chapter, as determined by bona fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with the procedures established by the U.S. EPA and contained in 40 CFR Part 136, as amended, and as is set out in Sections 9-2-6(F) and (G) of this chapter. 6. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream Sewer Pretreatment Ordinance -Page 30 of 56 • formula set out in 40 CFR 403.6(e). 7. Measurement of Pollutants. (a) The categorical pretreatment standards applicable to each regulated process. (b) The results of sampling and analysis identifying the nature and concentration, and/or mass; where required by the standard or by the Superintendent or his or her designee, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 9-2-6(F) of this chapter. (c) Sampling must be performed in accordance with procedures set out in Section 9-2-6(G) of this chapter. 8. Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required to meet the pretreatment standards and requirements. 9. Compliance Schedule. Where pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the user shall provide a compliance schedule consisting of a declaration of the shortest schedule by which the user will provide such additional pretreatment and/or implementation of additional operation and maintenance activities. (a). This schedule will contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment facilities required for the user to comply with the requirements of this chapter. Examples of such milestone dates which the user may select include hiring an engineer, completing preliminary plans, executing contract for purchasing major components, commencing construction, completing construction and other acts which may be necessary to achieve compliance with this chapter. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard or such other date specified by the Superintendent or his or her designee, whichever is earliest. Sewer Pretreatment Ordinance -Page 31 of 56 • (b). Under no circumstance shall the City permit a time increment of any single step directed toward compliance which exceeds nine (9) months. (c). The user shall submit a progress report to the Superintendent or his or her designee no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and (d). In no event shall more than nine (9) months elapse between such progress reports to the Superintendent or his or her designee. 10. All data disclosure forms shall be signed by an authorized representative of the user as defined by section 9-2-4(F) of this chapter, and when required by the City, a registered professional engineer. 11. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the sewer, collection system or POTW; 12. Number and type of employees, and proposed or actual hours of operation; 13. Each product produced by type, amount, process or processes, and rate of production; 14. Type and 2.mount of raw materials processed (average and maximum per day); 15. Site plans, door plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and locations for wastewater sampling and other appurtenances by size, location, and elevation, and all points of discharge to the sewer, collection system or POTW; 16. Time and duration of discharges; and 17. Any other information deemed necessary by the Superintendent or his or her designee to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. Sewer Pretreatment Ordinance -Page 32 of 56 9-2-4(F) Application Signatories and Certification All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directl~~ responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 9-2-4(G) Wastewater Discharge Permit Decisions The Superintendent or his or her designee will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Superintendent or his or her designee will determine whether or not to issue a wastewater discharge permit. The Superintendent or his or her designee may deny any application for a wastewater discharge permit for cause shown including, but not limited to, the failure to comply with any requirement of this chapter. Notice of the decision of the Superintendent or his or her designee to grant or deny a permit application shall be delivered to the applicant in writing by certified mail. The decision shall be final when it is postmarked for mailing to the applicant. SECTION 9-2-5 -WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS 9-2-5 (A) Wastewater Discharge Permit Duration A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Superintendent or his or her designee. Each wastewater discharge permit will indicate a specific date upon which it will expire. Sewer Pretreatment Ordinance -Page 33 of 56 9-2-5 (B) Wastewater Discharge Permit Contents A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Superintendent or his or her designee to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. Wastewater discharge permits must contain: 1. A statement. that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years; 2. A statement that the wastewater discharge permit is nontransferable without prior notification to the Superintendent or his or her designee in accordance with Section 9-2-5(F) of this chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; 3. Effluent limits based on applicable pretreatment standards or requirements; 4. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and locai law; 5. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law. 6. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; 7. Requirements for the installation of pretreatment technology, pollution control,. or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the sewer, collection system or POTW; 8. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges; Sewer Pretreatment Ordinance -Page 34 of 56 9. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the sewer, collection system or POTW; 10. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the sewer, collection system or POTW, including any fees and charges to be paid at the time of initial issuance; 1 1. Requirements for installation and maintenance of inspection and sampling facilities and equipment; 12. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; 13. Authorized points of discharge and regulated processes and sampling points and type; 14. Compliance schedules and reporting requirements; 15. Requirements for submission of special technical reports or discharge reports where the same differ from those prescribed by this chapter; 16. Any special agreements the Superintendent or his or her designee chooses to continue or develop between the City and the user; and, 17. Other conditions as deemed appropriate by the Superintendent or his or her designee to ensure compliance with this chapter, and State and Federal laws, rules, and regulations. 9-2-5(C) Trar..sfer of Permits Discharge perrriits are issued to a specific user for a specific operation and are not assignable to another user or transferable to any other location without the prior written approval of the Superintendent or his or her designee. Discharge permits shall be voidable by the City upon cessation of operations or transfer of business ownership. The permit issued to a particular user is void upon the issuance of a new discharge permit to that user. The requirements of Section 9-2-5(F) must also be satisfied. Sewer Pretreatment Ordinance -Page 35 of 56 9-2-5 (D) Extra Jurisdictional Users Any significant- industrial user or minor industrial user located beyond the City limits which is required to obtain a discharge permit shall submit a permit application as outlined in Section 9-2-4 of this chapter. 9-2-5 (E) Wastewater Discharge Permit Modification The Superintendent or his or her designee or a permittee may file a petiti®n with the Superintendent or his or her designee to modify a wastewater discharge permit for cause shown. (;ause includes, but is not limited to, the following reasons: 1. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements; 2. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance; 3. A change in the sewer, collection system or POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; 4. Information indicating that the permitted discharge poses a threat to the City's sewer, collection system or POTW, City personnel, or the receiving waters; 5. Violation of any terms or conditions of the wastewater discharge permit; 6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; 7. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; 8. To correct typographical or other errors in the wastewater discharge permit; 9. To reflect a transfer of the facility ownership or operation to a new owner or operator. Please refer to Section 9-2-5(F) of this chapter for permit transfers. 10. To incorporate special conditions resulting from the issuance of a special order or an enforcement action by the City. Sewer Pretreatment Ordinance -Page 36 of 56 ~ ~ 11. To incorporate changes to the City's NPDES Permit. 9-2-5 (F) Wastewater Discharge Permit Transfer Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least ninety (90) days advance notice to the Superintendent or his or her designee and the Superintendent or his or her designee approves the wastewater disc•.harge permit transfer. The notice to the Superintendent or his or her designee must include a written certification by the new owner or operator which: 1. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes; 2. Identifies the specific date on which the transfer is to occur; and 3. Acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. 9-2-5 (G) Wastewater Discharge Permit Revocation The Superintendent or his or her designee may revoke a wastewater discharge permit for cause, including, but- not limited to, the following reasons: 1. Failure to notify the Superintendent or his or her designee of significant changes, altering the characteristics of the wastewater, to the wastewater prior to the changed discharge; 2. Failure to provide prior notification to the Superintendent or his or her designee of changed conditions pursuant to Section 9-2-6(A) of this chapter; 3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; 4. Falsifying self-monitoring reports; 5. Tampering with monitoring equipment; Sewer Pretreatment Ordinance -Page 37 of 56 6. Refusing to allow the Superintendent or his or her designee immediate access to the facility premises and records upon request; 7. Failure to meet effluent limitations; 8. Failure to pay fines or fees; 9. Failure to pay sewer charges; 10. Failure to meet compliance schedules; 11. Failure to complete a wastewater survey or the wastewater discharge permit application; 12. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or 13. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter. Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user. 9-2-5(H) Re-issuance A user required to have a wastewater discharge permit shall submit a written request for permit renewal at least sixty (60) days prior to permit expiration. The Superintendent. or his or her designee shall then provide the user with the necessary renewal forms and instructions. A user, whose existing discharge permit has expired and has submitted its renewal application request within the specified time period, shall be deemed to have an effective discharge permit until the Superintendent or his or her designee issues or denies a new discharge permit. A user whose existing discharge permit has expired and who failed to submit a renewal application request within the specified time period, shall be deemed to be discharging without a discharge permit in violation of this chapter. Sewer Pretreatment Ordinance -Page 38 of 56 i • 9-2-5(I) Wastewater Discharge Appeals/Procedures 1. Except as otherwise provided, any person injured by a decision of the Superintendent or his or designee made pursuant to this chapter may appeal the decision by filing a petition with the Superintendent or his or her designee within twenty (20) days after the decision becomes final. A decision granting a permit or variance becomes final when the permit is issued. A decision denying a permit or request for a variance becomes final when the decision is postmarked for mailing to the applicant. Any other decision becomes final when it is postmarked for mailing. 2. Filing of Written Petition: The written petition must be filed with the Superintendent or his or her designee within the time period set forth in paragraph of this section. Failure to submit a timely petition shall be deemed a waiver of the right to appeal. 3. Indicate Objections: In its petition, the appealing party must indicate the specific decision objected to, and the reasons for this objection. 4. Permit Not Stayed Pending Appeal: The effectiveness of the permit shall not be stayed pendingthe appeal. 5. The Superintendent shall respond in writing to the appeal within twenty (20) days after the petition is received by the Superintendent. 6. Appeal Decision of Superintendent: Decisions of the Superintendent regarding the appeal may be appealed to the Meridian Board of Appraisers by filing a written request for appeal with the Board of Appraisers within ten (10) days after the decision of the Superintendent is postmarked for mailing to the appellant. The Board of Appraisers shall hold a hearing on the appeal. The appealing party may appear and present evidence and testimony at such hearing. The decision of the Board of Appraisers regarding the petition shall be in writing. 7. Appeal Meridian Board of Appraisers' Decision: The decision of the Board of Appraisers may be appealed to the City Council by filing a notice requesting appeal with the City Clerk's office within ten (10) days after the decision is postmarked for mailing. The City Council may, in its discretion, decide the appeal based solely upon the facts determined by the Board of Appraisers. The decision of the City Council becomes final when it is postmarked for mailing to the appellant. 8. Aggrieved parties seeking judicial review of a final administrative decision made Sewer Pretreatment Ordinance -Page 39 of 56 • pursuant to this chapter must do so by filing a complaint with the Clerlc of the Court of Ada County, Idaho, within twenty-eight (28) days after the date the decision becomes final. SECTION 9-2-6 -ADDITIONAL REPORTING REQUIREMENTS 9-2-6(A) Reports of Changed Conditions Each user must notify the Superintendent or his or her designee of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least ninety (90) days before the change, unless otherwise agreed by the Superintendent. 1. The Superintendent or his or her designee may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 9-2-4 of this chapter. 2. The Superintendent or his or her designee may issue a wastewater discharge permit under Section 9-2-4(E) of this chapter or modify an existing wastewater. discharge permit under Section 9-2-5(E) of this chapter in response to changed conditions or anticipated changed conditions. 3. For purposes of this requirement, significant changes include, but are not limited to, flow increases of five percent (5%) or greater, and the discharge of any previously unreported pollutants. 9-2-6(B) .Reports of Potential Problems 1. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Superintendent or his or her designee of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. 2. Within five (5) days following such discharge, the user shall, unless waived by the Superintendent or his or her designee, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any Sewer Pretreatment Ordinance -Page 40 of 56 expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter. 3. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph A of this section. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. 9-2-6(C) Reports from Unpermitted Users All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Superintendent or his or her designee as the Superintendent or his or her designee may require. 9-2-6(D) Notice of Violation/Repeat Sampling and Reporting If sampling performed by a user indicates a violation, the user must notify the Superintendent or his or her designee within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent or his or her designee within thirty (30) days after becoming aware of the violation. The user is not required to resample if the Superintendent or his or her designee monitors at the user's facility at least once a month, or if the Superintendent or his or her designee samples between the user's initial sampling and when the user receives the results of this sampling. 9-2-6(E) Notification of the Discharge of Hazardous Waste 1. Any user who commences the discharge of hazardous waste shall notify the Superintendent or his or her designee, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the sewer, collection system or POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the E`.'A hazardous waste number, and the type of discharge (continuous, batch, or other), an identification of the hazardous constituents contained in the wastes, an estirrtation of the mass and concentration of such constituents in the waste Sewer Pretreatment Ordinance -Page 41 of 56 i • stream discharged, and an estimation of the mass of constituents in the waste stream. All notifications must take place within twenty-four (24) hours after the discharge commences. 2. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law. 9-2-6(F) Anal~~tical Requirements All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the Superintendent or his or her designee. 9-2-6(G) Sample Collection 1. Except as indicated in Section 2, below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Superintendent or his or her designee may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. 2. Samples for fats, oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. 9 2-6(H) Timing Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. 9-2-6(I) Record Keeping Users subject to the reporting requirements of this chapter shall retain, and make Sewer Pretreatment Ordinance -Page 42 of 56 • i available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, acid time of sampling; and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. A copy of these records shall remain available for inspection at the facility for a period of at least three (3) calendar years after the date the record is made. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Superintendent. or his or her designee. SECTION 9-2-7 -COMPLIANCE MONITORING 9-2-7(A) Monitoring Facilities 1. Facilities Provided By User; Accessible Location: Each user shall provide and operate at the user's own expense, a monitoring facility to allow inspection, sampling and flow meastarement of each sewer discharge to the City. Each monitoring facility shall be situated on the user's premises. There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Where required by Federal or State regulations or the Superintendent or his or her designee, such monitoring facilities shall be provided at the end of a process or production unit from which regulated. toxic pollutants are discharged. 2. Construction And Maintenance: All monitoring facilities shall be constructed and maintained in accordance with all applicable construction standards and specifications. 9-2-7(B) Right of Entry: Inspection and Sampling The Superintendent or his or her designee shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Superintendent or his or her designee ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. The City, or its representatives, shall Sewer PretreatYilent Ordinance -Page 43 of 56 present credentials of identification and enter upon the premises of the user at reasonable hours, including any hours of operation or discharging. 1. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification the Superintendent, or his or her designee, will be permitted to enter without delay £,~r the purposes of performing specific responsibilities. 2: The Superintendent or his or her designee shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or monitoring of the user's operations. 3. The Superintendent or his or her designee, may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated as per manufacturer's instructions to ensure their. accuracy. All records of calibration shall remain at the facility for potential inspection by the City. 4. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Superintendent or his or her designee and shall not be replaced. The costs of clearing such access shall be borne by the user. 9-2-7(C) Search Warrants If the Superintendent or his or her designee has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this ordinance or any permit or order issued hereunder, or t~~ protect the overall public health, safety and welfare of the community, then the Superintendent or his or her designee may seek issuance of a search warrant from the Court of proper jurisdiction located in Ada County, Idaho. SECTION 9-2~~8 -CONFIDENTIAL INFORMATION Information and data on a user obtained from reports; surveys, wastewater discharge Sewer Pretreatment Ordinance -Page 44 of 56 ~ ~ permit applications, wastewater discharge permits, monitoring programs, inspection or sampling activities, shall be available to the, public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Superintendent or his or her designee, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable Federal or State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret. processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. SECTION 9-2 =9 -PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE The Superintendent or his or her designee shall publish annually, in the official City newspaper, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards or requirements. The term significant noncompliance shall mean: A. Chronic violations of pollutant specific wastewater discharge limits defined here as those in which two-thirds (2/3) or snore of wastewater measurements taken during a six (6) month period exceed the daily maximum limit or average daily limit for this pollutant; B. Technical Review Criteria (TRC) violations, defined here as those in which one-third (1/3) ~or more of wastewater measurements taken for each regulated pollutant parameter during a six(6) month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS,'fats, oils and grease, and 1.2 for all other pollutants except pH); C. Any other discharge violation that the Superintendent or his or her designee believes has cat{sed, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public; Sewer Pretreatrlent Ordinance -Page 45 of 56 ~ ~ D. Any discharge of pollutants that has caused or may cause imminent endangerment to the public or to the environment, or has caused the Superintendent or his or her designee to exercise its emergency authority to halt or prevent such a discharge; E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; F. Failure to provide within thirty (30) days after the due date, any required reports, includi:lg baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules; G. Failure to accurately report noncompliance; or Any other violation(s) which the Superintendent or his or her designee determines will adversely affect the operation or enforcement of the City's pretreatment program. SECTION 9-2-10 -ADMINISTRATIVE ENFORCEMENT REMEDIES 9-2-10(A) Water Supply Severance Whenever a us~~r has violated or continues to violate any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any. other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply. 9-2-10(B) Emergency Suspension Of Service And Revocation Of Permit The City may, -after informal notice to the user in writing or in person or by telephone, revoke the discharge permit and order the suspension of the wastewater treatment service to a user when it appears to the City that an actual or threatened discharge: 1) presents or threatens an imminent or substantial danger to the health or welfare of persons or to the environment; or 2) threatens to interfere with the operation of the POTW. Any user notified of the City's suspension order shall immediately ce~:ase all discharges. In the event of failure of the user to immediately comply with the suspension order, the City may immediately take all necessary steps Sewer Pretreatment Ordinance -Page 46 of 56 ~ ~ to halt or prevent any further discharge by such user into the sewer, collection system or POTW. The City shall have the authority to physically cap, block or seal the user's sewer line (whether on public or private property) in order to terminate service under this Section. The City shall have the right to enter upon the user's property to accomplish the''capping, blocking or sealing of the user's sewer line. The City may reinstate the wastewater treatment service upon clear and convincing proof by the user of the elimination of the noncomplying discharge or condition creating the threat as set forth above. 9-2-10(C) Notification of Violation When the Superintendent or his or her designee finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent or his or her designee may serve upon that user a written Notice of Violation. Within twenty (20) days of the receipt of this notice, an explanation of. the violation and a plan for the satisfactory correction and prevention thereof, to include specific- required actions, shall be submitted by the user to the Superintendent or his or her designee. Submission of this plan in no way relieves the user of liability'for any violations occurring before or after receipt of the Notice of Violation. Nothing in thY~ section shall limit the authority of the Superintendent or his or her designee to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. The user shall be given the opportunity to meet with the Superintendent or his or her designee to ascertain the veracity of the allegations, to establish a plan for the satisfactory correction of the violations and preclusion of a recurrence thereof; and to pay the fine or otherwise comply with the penalty or remedy being sought by the City for the violation or violations. 9-2-10(D) Consent Orders The Superintendent or his or her designee may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 9-2-10(E) and 9-2-10(F) of this chapter and shall be judicially enforceable. 9-2-10(E) Show Cause Hearing Sewer Pretreatment Ordinance -Page 47 of 56 • The Superinter,•.dent or his or her designee may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent or his or her designee and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. The information and evidence presented at the hearing shall be considered by the Superintendent or his or her designee, wino shall then enter appropriate findings of fact, conclusions of law and orders with resf~ect to the alleged violations of the user. An appeal of such orders may be taken pursuant to the provisions of Section 9-2-5(I) of this chapter. 9-2-10(F) Cease and Desist Orders When the Superintendent or his or her designee finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Superintendent or his or her designee may issue an order to the user directing it to cease and desist all such violations and directing the user to: Immediately comply with all requirements; and 2. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. 9-2-10(G) Administrative Fines 1. When the Superintendent or his or her designee finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent or his or her designee may fine such user in an amount not to exceed One Thousand Dollars ($1,000.00) per violation. Each day upon which a violation Sewer Pretreatment Ordinance -Page 48 of 56 ~ ~ occurs or continues shall constitute a separate violation. 2. If the administrative fine, charge or penalty remains unpaid after thirty (30) calendar days, interest shall accrue thereon at the rate of one percent (1 %) per month. Alien against the user's property will be sought for unpaid charges, fines, and penalties. 3. Users desiring. to dispute such fines must file an appeal pursuant to the provisions of Suction 9-2-5 (I) of this chapter. 4. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. 9-2-10(H) Termination of Discharge In addition to the provisions contained in Section 9-2-5(G) of this chapter, any user who violates the following conditions is subject to discharge termination: 1. Violation of wastewater discharge permit conditions; 2. Failure to accurately report the wastewater constituents and characteristics of its discharge; 3. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; 4. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; 5. Violation of the pretreatment standards in Section 2 of this chapter; or 6. Violation of any other provision contained in this chapter. Such user will tie notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 9-2-10(E) of this chapter why the proposed actior. should not be taken. Exercise of this option by the Superintendent or his or her designee shall not be a bar to, or a prerequisite for, taking any other action against the user. Sewer Pretreatment Ordinance -Page 49 of 56 SECTION 9-2-11 -JUDICIAL ENFORCEMENT REMEDIES 9-2-11(A) Injunctive Relief When the Superintendent or his or her designee finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent or his or her designee may petition the Fourth Judicial District Court of Ada County, Idaho through the City's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the user. The Superintendent or his or her designee may also seek such other action as is appropriate for legal and/or equitable relief, including a req-~irement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. 9-2-11(B) Civil Penalties 1. A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of One Thousand Dollars ($1,000.00) per violation, per day. 2. The Superintendent or his or her designee may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City. 3. In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective- actions by the user, the compliance history of the user, and any other factor. as justice requires. 4. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. 9-2-11(C) Recovery of Costs Incurred by City Sewer Pretreatment Ordinance -Page 50 of 56 • Any person who violates any of the provisions of this chapter and who causes, either directly or indirectly, damage to or impairs in any way the City's sewer, collection system or POTW shall be liable to the City for any expense, loss or damage caused by such violation. The City shall charge the user for the cost incurred by the City for any munitoring, surveillance, cleaning, repair or replacement work caused by the violation or discharge, and for costs incurred by the City in investigating the violation and in enforcing this chapter against the user including reasonable administrative costs, fees for testing, attorney fees, court costs and all expenses of litigation, Refisal to pay the assessed costs shall constitute a violation of this chapter. 9-2-11(D) Criminal Prosecution Any person who willfully or recklessly violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, and shall be prosecuted and punished accordingly. In addition, any person who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be guilty of a misdemeanor and shall be prosecuted and punished accordingly. 9-2-11(E) Costs and Attorney Fees In any action brought to enforce this chapter, the City shall be entitled to an award of its costs and attorney fees incurred in prosecuting the action. 9-2-11(F) Remedies Nonexclusive The remedies provided for in this chapter are not exclusive. The Superintendent or his or her designee may take any, all, or any combination of these actions against a noncompliant user. Further, the Superintendent or his or her designee is empowered to take more than one enforcement action against any noncompliant user. SECTION 9-2 ~ 12 -SUPPLEMENTAL ENFORCEMENT ACTION 9-2-12(A) Performance Bonds Sewer Pretreatment Ordinance -Page 51 of 56 ~ ~ The Superintendent or his or her designee may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Superintendent or his or her designee to be necessary to achieve consistent compliance. SECTION 9-2-13 -AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS 9-2-13(A) Upset 1. For the purposes of this section, upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. 2. An upset shall constitute an affirmative defense to an action brought for noncompliance. with categorical pretreatment standards if the requirements of paragraph (3), below, are met. 3. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) An upset occurred and the user can identify the cause(s) of the upset; (b) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and ` (c) The user has submitted the following information to the Superintendent or his or her designee within twenty-four (24) hours of becoming aware of the upset [if this information is provided orally, a written submission must be provided within five (5) working days] (i) A description of the discharge and cause of noncompliance; Sewer Pretreatment Ordinance -Page 52 of 56 ~ ~ (ii) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and (iii) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. 4. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. 5. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduc;:d, lost, or fails. 9-2-13(B) Prohibited Discharge Standards A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 9-2-2 (A) (1) of this chapter or the specific prohibitions in Sections 9-2-2(A)(2)(c) through g &. i through x and 9-2-2(C) or 9-2-2(D) of this chapter if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: 1. A local limit exists for each pollutant discharged and the user was in compliance wit~1 each limit directly prior to, and during, the pass through or interference; or` 2. No local limit exists, but the discharge did not change substantially in nature or constituents' from the user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. 9-2-13(C) Bypass For the purposes of this section, (a) Bypass means the intentional or unintentional diversion of waste streams from any portion of a user's treatment facility. Sewer Pretreatment Ordinance -Page 53 of 56 ~ ~ (b) Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent. loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 2. A user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, only if it is for the purpose of completing essential maintenance to ensure efficient operation of its pretreatment facilities. 3. (a) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Superintendent or his or her designee, at least ten (10) days before the date of the bypass, if possible. (b) A user shall submit oral notice to the Superintendent or his or her designee of an unanticipated bypass that exceeds applicable pretreatment. standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has root been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. 4. (a) Bypass is prohibited, and the Superintendent or his or her designee may take an enforcement action against a user for a bypass, unless (i) The Bypass.was unavoidable to prevent loss of life, personal injury, or severe property damage; (ii) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (iii) The user submitted notices as required under paragraph (3) of this section. Sewer Pretreatment Ordinance -Page 54 of 56 ~ ~ (b) The Superintendent or his or her designee may approve an anticipated bypass, after considerir~g its adverse effects, only if the Superintendent or his or her designee determines that. it will meet the three conditions listed in paragraph 4(a) of this section. SECTION 9-2-14 -WASTEWATER TREATMENT RATES Wastewater treatment rates and charges shall be set by resolution of the Meridian City Council. SECTION 9-2-15 -MISCELLANEOUS PROVISIONS 9-2-15 (A) Pretreatment Charges and Fees The City Council may adopt reasonable fees for reimbursement of costs of setting up and operating the City's Pretreatment Program which may include: 1. Fees for wastewater discharge permit applications including the cost of processing such applications; 2. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users; 3. Fees for reviewing and responding to accidental discharge procedures and construction; 4. Fees for filing appeals; and 5. Other fees as the City Council may deem necessary to carry out the requirer~lents contained herein. These fees relate solely to the matters covered by thischapter and are separate from all other fees, fines, and penalties chargeable by the City. 9-2-15(B) Severability If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue in full force and effect. Sewer Pretreatment Ordinance -Page 55 of 56 Section 3: All ordinances, resolution, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 4: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. Section 5: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. Section 6: DATE OF EFFECT: This ordinance shall be in full force and effect immediately following its passage, approval, and publication, as provided by law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 23~ day of ~~n-ua~-y , 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ?3`~` day of cTG~~~-arc ~J , 2001. M or Robert D. Corrie ATTEST: _,,~{~~~ ~~ - - - City Clerk a if~r,+ ti3~~ t~ Z:\Work\IVI\MeridianVvleridian 15360M\Ordinances City Hall\2001 ~~~i€i~~~PA WWPTOrdNewest.wpd Sewer Pretreatment Ordinance -Page 56 of 56 i ~ February 23, 2001 MERIDIAN CITY COUNCIL MEETING February 27, 2001 APPLICANT ITEM NO. 5 REQUEST Amendment of Ordinance 852 for Water /Sewer Connection out- side of City Limits AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ,.,p l~'~ ~ if 'Y " / CITY BUILDING DEPT: ~/ ~ f I CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: V ADA COUNTY HIGHWAY DISTRICT: v SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ORDINANCE NO. ',~.~~~ y ~ 3~ F~~F ~~~~FF CE G+~~ ~EFtK G~~ G l~_ • January 19, 2001 Department Report MERIDIAN CITY COUNCIL MEETING January 23, 2001 APPLICANT Accounting Department -Janice Smith ITEM NO. 3-A-1 REQUEST Treasurer's Report 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: f~ S~i SANITARY SERVICE COMPANY (~ CENTRAL DISTRICT HEALTH: I NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: MpteAats presented of public meetings shall become proper#y of the Ctiy of Meddlan. • • - CITY of MERIDIAN Investment 8 Cash Summary for the month of December 2000 INVESTMENTS Investment Agency General F d Capital Imp Parks Fire Truck Enterprise Construction Annual luffington un 5,825 319.46 Fund Impact Fees Fund 497 992 50 Fund Fund TOTALS withdraw/add , , . 513,937.32 25,576,373.23 1,883,808.14 .34,297,430.65 ,interest fee 37,997.74 (1 211 03) 7,340.97 7,050.11 103 3 135,715.35 4,497.22 192,601.39 6.40% luffington TOTAL , . 5,862,106.17 ( . 1) (106.48) 505 230 16 (5,322.17) (392.45) (7,135.44) ,r ;: , . 520,880.95 25,706,766.41 1,887,912.91 34,482,896.60 i State Pool 911,997.11 263 850 08 "' ~~` withdraw/add , . 1,175,847.19 iii' G.:::'.. interest 5,480.61 2 233.98 ~°'' fee , 7,714.59 6.43% ~; I State Pool TOTAL 917,477.72 266 084 06 _ ~_. , . 1,183,561.78 TOTAL INVESMENTS 5,862,106.17 505,230.16 917,477.72 786,965.01 25,706,766.41 1,887,912.91 35.666 d5R ~R Notes: FY2000 carryforward was distributed into the proper GL account according to the final unspent balance after the audit as follows: Water Carryforward $ 951,767.00 WWTP Carryforward $ 4,533,041.00 Water Tower Upgrade 127,315.00 Sewer Extensions 3,331,345.00 Well #8 reconstruction 149,820.00 Dewatering Project 35,464.00 Well #7 redrill 300,000.00 Lab Construction 512,232.00 Wf"`~~.1~ construction 212,383.00 UV/Outtall Project 654,000.00 WE ,;;'0 landscape 15,000.00 WWTP balance 0.00 NW 8th landscape 60,000.00 Water balance $ 87,249.00 Parks carryforward $ 348,500.00 Smile Pathway 144,768.00 Storey Park irrigation 71,265.00 Generation Plaza II 69,417.00 Parks carryforward bal $ 63,050.00 We have a balance in the Parks and Water carryforward balance. This resulted from the fact we have to project what the carryforward will be at year end during our budget process. Parks and Water both spent more in FY2000 than projected, therefore leaving a balance in the carryfon!vard that is not allocated to a specific project. This amount would have to be allocated by Council to be spent. INVESTMENT COMMITTEE: Our General Fund cash is very low, but we expect our 1st payment of tax revenue in the latter part of January. CHECKING Farmers General Bldg Services Parks Fire Truck Enterprise Construction Cash Annual Checking Acct Fund Fund Impact Fees Fund Fund Fund TOTALS °/, Cash Beg Balance Cash In (receipts) 391,835.75 465 47 1,648,863.33 57,866.82 1,412,525.04 183,119.40 3,694,210.34 Checking Interest , 3.34 69 01 94,156.65 26,572.48 840,317.90 4,317.00 1,430,837.37 Cash Out (expenses) . (843,680.99) 8,432.30 (74 792 25) 426.81 6,665.39 943.30 16,536.81 5.96% Cash Ending Balance 13,697.11 , . 1,678 660.03 84 866 11 (934,177.88) (770.00) (1,853,421.12) Petty Cash 820.00 , , . - 1,325,330.45 187,609.70 3,288,163.40 Fire Prevention Cash 1,282.53 820.00 Pa;,`,''' Cash Acct 125,562.67 1,282.53 TOaCash on Hand 141,362.31 1,676,660.03 84,866.11 - 1,325,330.45 187,609.70 3,415,828.60 Investments + Cash 6,003,468.48 2,181,890.19 1,002,343.83 786,965.01 27,032,096.86 2,075,522.61 39,082,286.98 01 /16/2001 _ ~ CITY OF 148RIDIAN Balance Sheet - Cash Balance Sheet ~~~_5 As of 12/31/2000 Current Year Asset O1 General Fund 10100 Cash in Bank 13,697.11 10108 CASH - Park Impact Fee ® 10~ 8,495.26 10109 CASH - Park Impact Feea ® 90~ 76,370.85 10110 Cash - Fire Prevention Fund 1,267.01 10150 PAYROLL CASH ACCOUNT 125,562.67 10200 Petty Cash 820.00 15100 Investments 5,863,255.17 15101 Contra Acct/Diact oa Inv (1,149.00) 15102 Contra Acct-Diact oa Firetruck Inv 19.00 15115 Investments - Fire Truck 520,861.95 15215 State investment - Fire Truck 266,084.06 15220 State Investment - Park Impact Fees 917,477.72 Total General Fund 7,792,761.80 50 Special Services Fund 10100 Cash in Bank 1.676,660.03 Total Special Services Fund 1,676,660.03 55 Capital Projects 15101 Contra Acct/Disct oa Inv (223.00) 15116 inveatmenta - Cap Improvement Fund 505.453.16 Total Capital Projects 505,230.16 60 Enterprise Fund 10100 Cash in Bank 1,325,330.45 (" 15100 Investments 25,709,175.41 `. 15101 Contra Acct/Disct on Inv (2,409.00) Total Enterprise Fund 27,032,096.86 62 Latecomers Fund 10100 Cash in Hank 187,609.93 15100 Investments 1,888,383.91 15101 Contra Acct/Diact on Inv (471.00) Total Latecomers Fund 2,075,522.84 Total Asset 39,082,271.69 `. Dace, 01/16/2001 Pages 1 ~.A.' ,~' s • FPM Checkin Account Interest % Dec-00 16,537.04 offset Revenue FUND ACCOUNT CASH BALANCE 0.5055% INTEREST Account 1 1010'0 13,652.00 69.01 01-1500-36100 1 10108 8,452.54 42.72 01-1500-36100 1 10109 75,986.76 384.09 01-1500-36100 50 10100 1,668,227.73 8,432.30 50-1940-36100 60 10100 1,318,665.06 6,665.39 60-3400-36100 60-3500-36100 62 10100 186,666.40 943.53 62-0000-36100 TOTALS 3,271,650.49 0.00% 16,537.04 01/12/2001 Checking Account Interest % page 1 of 1 CITY OF MERIDIAN QUARTERLY FINANCIAL REPORT MONTH ENDING: DECEMBER 31, 2000 EXPENDITURES FUND REVENUES Other Services Capitol Percent Personnel 8 Charges Outlay Total of Expend GENERAL 464,856 1,233,867 335,520 498,654 2,068,041 14.39% BUILDING 317,043 71,944 162,455 1,082 235,482 15.87% WATER 8~ SEWER 2,223,748 542,025 455,989 358,592 1,356,606 8.0~% TOTAL 3,005,647 1,847,837 953,964 858,328 3,660,129 12.77% Citizens are invited to inspect the detailed supporting records of the above financial statement. Janice L. Smith, City Treasurer Calculations on Treasurer's Report: • EXPENDITURES Other Services Capitol Pecent of Percent FUND REVFNl1FS Pn~a~.nnn1 f~ ~`F»~~nc n..~i.,., T,.~_~ General -Council 17,261.20 10,908.12 - -- 6,282.88 - - - 0.00 - 17,191.00 82.23 ~wucnu 17.77 Clerk (Rev with Council) 0.00 32,243.77 11,631.95 0.00 43,875.72 83.29 16.71 Mayor 0.00 15,541.10 5,751.67 0.00 21,292.77 74.42 25.58 Finance/Accounting 136,433.14 23,894.00 ' 21,126.80 1,031.40 46,052.20 86.88 13.12 H/R 0.00 19,226.89 3,122.11 1,589.00 23,938.00 82.96 17.04 ~ General Govnmt 0.00 0.00 87,137.84 0.00 . 87,137.84 83.62 16.38 Street Lights 0.00 0.00 15,857.65 0.00 15,857.65 86.56 13.44 Police-Admin 105,125.64 72,134.11 40,998.76 48,857.54 161,990.41 96.11 3.89 Criminal 0.00 72,695.51 3,218.77 0.00 75,914.28 71.55 28.45 Drug 0.00 32,188.64 959.28 0.00 33,147.92 74.22 25.78 Patrol 0.00 425,584.06 21,432.41 0.00 447,016.47 76.61 23.39 Records 0.00 44,994.33 20,525.51 0.00 65,519.84 71.40 28.60 Youth 0.00 64,168.65 4,932.69 0.00 69,101.34 72.40 27.60 Community PD 0.00 30,480.34 306.09 0.00 30,786.43 73.20 26.80 Dispatch 0.00 19,264.34 0.00 19,264.34 -18.92 118.92 Animal Control(Rev/ PD) 0.00 16,496.37 3,414.11 0.00 19,910.48 72.48 27.52 Fire 110,454.30 265,284.89 53,454.10 352,692.70 671,431.69 74.04 25.96 Recreation (Rev/Prk) 10,914.41 4,046.76 0.00 14,961.17 83.09 16.91 Parks 95.581.48 77,847.60 31.320.15 94.483.36 203.651.11 93.05 6.95 4t~,~so5./ti 1,z33,867.13 335,519.53 498,654.00 2,068,040.66 1,419.19 Note: percentages will below because of the Police Dept. capital /New Police building Budgeted Amount: 14,370,349.00 Total Percentages: 85.61 Building / P& Z 480.81 14.39% P&Z 12,540.56 53,621.54 38,375.58 0.00 91,997.12 85.53 14.47 Building 304.502.44 18.322.82 124.079.90 1.082.00 143.484.72 83.09 16.91 s,/,u4s.uu /1,y44.36 16z,455.a8 1,082.00 235,481.84 168.62 Budgeted Amount: 1,484,000.00 Total Percentages: 84.13% Water 8 Sewer 31.38 15.87% Public Works 1,015.56 124,343.20 7,639.22 5,575.00 137,557.42 81.95 18.05 MUBS 0.00 45,132.29 42,737.21 1,589.00 89,458.50 75.13 24.87 Water 925,255.39 130,584.83 147,020.70 65,066.30 342,671.83 93.66 6.34 Sewer 1.297.477.23 241.964.70 258.591.92 286.362.03 786,918.65 92.36 7.64 vv a~ a I OLaIS: L,LL3,/4tf.1tS 542,025.02 455,989.05 358,592.33 1,356,606.40 343.10 Budgeted Amount: 16,820,449 Total Percentages: 91.93% 56.90 8.07% • January 19, 2001 • Department Report MERIDIAN CITY COUNCIL MEETING January 23, 2001 APPLICANT Public Works Department -Gary Smith ITEM NO. 3-8-1 REQUEST Five Mile Relief Sewer Phase 1 -Bid Results /Award 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: 1DAH0 POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS d~ ` a ~ ~sy 0 r'~ i~~~ ~~~ a~,l. ~~ OTHER: Contacted: Date: Phone: Materials presented sit public meetings shall become property of the Clfy of Meridian. Memo To: Mayor Currie From: Brad Watson, P.E. CC: File, Gary Smith, PE, Will Berg Dam 01 /19!01 Re: Request For Agenda Items for 1-23-01 City Council Meeting t am forwarding to you the folbwing items for City Counal consideration and approval at its January 23 meeting under Public Works Department Reports: 1) Award of Construction Corr6act for Five Mile Relief Sewer -Phase 1. Eight bids were received on January 17 for this project. They are as follows: Bidder Base Bid Lurne' Construction (Caldwell) $464,560.00 Brown Construction $497,764.50 Sommer Construction $554,765.25 Bodiford Construction $627,366.69 MASCO $635,519.20 Hoflbuhr Excavation $606,481.34 H-K Contractors $646,032.90 Alliance Corp. $874,531.00 JUB Erxlineers is cxarentiy evaluating the bids and the experier>oe and quaNfications of the low bidder. Public Works e~cpects this evaluation to be oarlplete by Tuesday's Council meeting and be able to make an award neoorrxr>arldation. The bid Aso inducted an alCemaRe price fa a ~P~a tYPe ~ Plf~e that, if selected, would incr~e the contract Pd~ ~~Y ~.~- 2) Five Mile Drain Relief Sewer Lkense Agreement vW Nai District This license agn3ement allows construction of the Five Mile Relief Sewer within N.M.I.D.'s Five Mile Creek easement and alteration of the Creason Lateral. 3) Consulting Engineer Agreement for IIWYI'P Emergency Power Addition. This agreement is for Taylor Engineers to • Page 1 mpa & Meridian Irrigation From the desk o£.. Brad watsoa, P.E Assislat~tCLLy Engineer Meridian Public works Depamnenl 200 E Calton St, Suite 100 Meridian, Idaho 83642 2600 (208) 8872211 Fax: (208)887-1297 watsonb aQci.mer~ian.id.us provide engineering services to provide additional emergency power (~nerator) for the vuasteu~ater treatment plant's operations and processes. A Scope of Services letter from the oonsultarrt is encased. The arnourrt of the oor~ract is on a foced fee basis not to exceed $13,050.00. 4) Consulting Engineer Agreement t~nr WWTP f,'.ontrol System Troubleshooting Project. This a~gneernerrt vuould pnyvide 40 hours for Taylor Engineers to troubleshoot existing equipmerrt at the wastewo~ter tr~nent plan. A Scope of Services letter from the consultant describing the vwrk is enclosed. The amourrt of the contract is on a time and materials basis not to exceed $3,600.00 Please contact me iF you have any questions. • Page 2 FORM 00450 NOTICE OF AWARD Dated January 23.2001 TO: Lurre' Constructs Inc.. (BIDDER) ADDRESS: 514 North 14`~ Ave.. Caldwell Idaho 83605 Contract: City of Meridian -Five Mile Relief Sewer Project Phase I (Insert name of Contract as it appears m the $~dding Documents) Project: OWNER's Contract No. You are notified that your Bid dated Janu 17 2001 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for City of Meridian. Five Mile Relief Sewer Project -Phase 1 The Owner will select pipe material and bid alternate combtnatwn prior to execution of the Agreement between Owner and Contractor (Indicate total Work, alternates or sections or Work awarded) The Contract Price of your Contract Price is: i~ Base Bid: Four Hundred Sixty Four Thousand Five Hundred and SixtYDollars and no/I00 cents ( $ 464,560.00) Base Btd 21 Base Btd plus Additive Alternate "A"• Five Hundred Seven Thousand Four Hundred Eighty-One Doilars and 30/100 cents ($ 507 481 30) 3 copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. ~ sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within 15 days of the date you receive this Notice of Award. 1. Deliver to the OWNER 3 fully executed counterparts of the Contract Documents. Each of the Contract Documents must bear your sigpature on the front cover. 2. Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the Instructions to Bidders (Article 20), and General Conditions (paragraph S.0 i ). EJCDC No. 1910-22 (1996 Edition) Prepared by the Engineers Jaunt Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. 3. (List other condit~precedent), alternative ASTM D-fi79 T-1 Wall with 12454 B resin compound Failure to comply with these conditions within the time specified wi!! entitle OWNER to consider your Bid in default, to annul this Notice of Award and to declare your Bid security forfeited. Within ten days after you comply with the above conditions, OWNER wilt return to you one fully .executed counterpart of the Contract Documents. By: ~`t~~1~~~-c y ~ ~„rdl~r f~~ ~\ r. f/ c~ C~~oRpc~ p ~~ r,~ TF ''%; / ~ ' ATTEST: William G. B Jr., City Clerk -~~~'~L _ Approved By City Council: 7anuary 23 2001 ,~ 9~~ ~~M ~~ .~~ ti., f.. ~ ~ ........`ii~~ Copy to ENGINEER (Use Certified Mail, Return Receipt Requested) • January 19, 2001 Department Report MERIDIAN CITY COUNCIL MEETING January 23, 2001 APPLICANT Public Works Department -Gary Smith ITEM No. 3-B-2 REQUEST Five Mile Relief Sewer License Agreement with NMID AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BU{LDING 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: C'P~Y' ~' OTHER: Contacted: Date: Phone: Molsrials preaeMed at publk meelings shall become properly of the CNy of Meridian. i i ~ i .~Z z f~ LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of ; 2001, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and C[TY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNESSE~H: WHEREAS, Licensee is the owner of real property/right-of--way (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as FIVE MILE DRAIN (I~ereinafter referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together ~~~ith the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or canal, and access tl~e ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and. its right of way along its watercourses; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: I. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached Hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. • ~ 2. Tliis agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described I~erein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter tl~e ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. ~. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If tl~e Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall Dave tl~e right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of LICENSE AGREEMENT -Page 2 • • any kind by Licensee or any third parry against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely o~it of tl~e negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the licensee, tl~e Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to tl~e jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at tl~e option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity_ and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions. herein, Licensee further a~~rees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall ~~ccur to anv facility, structure, plant, or any other improvement of any kind or nature whatsoever which the I .icensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in tl~e course of performance of maintenance or repair of said ditch or canal. The Licensee further ~i~~rees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. I I. Licensee shall place no structures or landscaping of any kind above within the [)istrict's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enli~rce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or ri~~htfiilly resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect t~~ impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to ~_rant anv rights in its irrigation works and system incompatible with the uses to which such irrigation works anal system are devoted and dedicated and that this contract shall be at all times construed according to such principle. 14. Nothing herein contained shall be construed to impair the right of way of the DISh'iCt in the ICENSE AGREEMENT -Page 3 • • said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms aid conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular., Tl~e covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT By ATTEST: Its Secretary Its President LICENSE AGREEMENT -Page 4 • • CITY OF MERIDIAN By ATTEST: STATE OF IDAHO ) ss: County of Canyon ) On this day of , 2001, before me, the undersigned, aNotary Public in and for said State, personally appeared and Daren R. Coon, known to me to be the President and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. STATE OF IDAHO ) )ss. County of Ada ) Notary Public for Idaho Residing at ,Idaho My Commission Expires: On this day of , 2001, before me, the undersigned, a notary public in and for said state, personally appeared and ,known to me to be tl~e and ,respectively, ofthe CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN W[TNESS 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 Residing at ,_ My Commission Expires: LICENSE AGREEMENT -Page 5 ~~ ~ • r Engineers Surveyors Planners Project No.: 5 Mile Relief Sewer (11616-03) Date: January 3, 2001 CITY OF MERIDIAN EXHIBIT "A-1-1" A CENTER LINE DESCRIPTION OF THE PROPOSED PHASE 1, REACH 1, 5 MILE RELIEF SEWER FALLING INSIDE THE 5 MILE DRAIN RIGHT-OF•WAY A center line description being within a portion of the South'/: of Section 35, T.4N., R.1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the Southwest corner of Section 35, T.4N., R.1 W., B.M., Ada County, Idaho, from said cap a'/i" iron pin marking the West'/, corner of said Section 35 bears North 00°53'21" East, 2,643.52 feet; thence North 00°53'21" East, 1,172.72 feet along the Westerly boundary of said Section 35 to a point,• thence leaving said Westerly boundary South 54°30'35" East, 51.50 feet to a point; thence South 59°52'40" East, 446.77 feet to a point; thence South 80°21'43" East, 412.45 feet to a point; thence South 80°33'17" East, 446:64 feet to a point; thence South 80°29'11" East, 37.59 feet to a point on the Westerly boundary of certain Parcel No. 435346619, marking the REAL POINT OF BEGINNING; thence continuing South 80°29'11" East, 337.68 feet to a point; thence South 63°00'45" East, 424.73 feet to a point; thence South 61°49'50" East, 399.12 feet to a point; thence South 62°31'49" East, 308.52 feet to a point; thence South 64°04'59" East, 290.07 feet to a point; thence South 88°16'01" East, 16.60 feet to a point on the Northerly right-of-way of the Five Mile Drain, the POINT OF TERMINUS of this description. From said point, a 5/8" iron pin marking the South'/, of said Section 35 bears South 72°09'50" West, 3.17.44 feet. See Attachment "A-1-1" END OF DESCRIPTION Prepared by: LHKahc Lawrence H. Koerner, P.L.S. F:\projects\11616\admin\easements\center line dexription phase 1 reach 1.doc _ Exhibit ,A, pac3e_:1 J-U-B ENGINEERS, Inc. ~~ i i i. II I Il~mll II I ii ~~$~~f~ ZOmm~Z Nr'7 AZOy~~ oSH~ ~ f ~z1~°m ~~~Z~ ~~~ m ~~~ z ~ ~ . z Zm o m ~ I-~x- I ~I II ICI I ,I ~ I i ~ i I~ ICI. II II I,I I ~I II II I , I- II II I ~I I ~' I I~ I 0 I b, i I ~I ~ / a~ i ~ ~ ~ ~~ /~ I /~ ii // II // ICI // I I / ~/ ~' I I / ~/ ~~ I~'I / /,~ I'' I---~ Ix I~, l ~ I ~I ` I~ I, I it _ I ~ III III ~;II I I ~I ~ z 0 -~ 0 N (~ D D m z D I I ~~ m ~m ~ r C7 i ~ Z7 --~ rn -< D ~ C7 _ ~7 z ~ ~~~1 ~ r~r, -° ~ D ~~ ~ Z ~ ~ r- ~ r~ ~~ ~ ~~~ o ~~ r O 7 r ~Tl m ~~ ~ ~ ~~ ~ _ ~ o m D ~ m~m + O 1'1 i P ~ Exhibit A, page 2 ~~ u~B~ • • Engineers Surveyors Planners Project No.: 5 Mile Relief Sewer (11616-03) Date: January 5, 2001 CITY OF MERIDIAN EXHIBIT "A-1-2" A CENTER LINE DESCRIPTION OF THE PROPOSED PHASE 1, REACH 2, 5 MILE RELIEF SEWER FALLING INSIDE THE 5 MILE .DRAIN EASEMENT A center line description being within a portion of Government. Lot 1 of Section 2, T.3N., R.1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap marking the: Southwest corner of Section 2, T.3N., R.1 W., B.M., Ada County, Idaho; thence North 89°14'54" West, 4.10.97 feet along the Northerly boundary of said Section 2 to a point; thence leaving said Northerly boundary South 00°45'06" West, 45.00 feet to a point on the Southerly right•of-way of West.Ustick Road, marking the REAL POINT OF BEGINNING; thence South 33°43'07" East, 193.55 feet to a point; thence South 34°22'08" East, 485.40 feet to a point; thence South 00°55'43" East, 65.91 feet to a point on the Southerly easement line of Five Mile Drain, the POINT OF TERMINUS of this description. From said point, an aluminum cap marking the Northeast corner of said Section 2 bears North 02°29' 19" East, 667.79 feet. See Attachment "A-1-2" END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. LHK:Ihc Lawrence H. Koerner, P.L.S. F:\projects\11616\admin\easements\center line dexription phase 1 reach 2.doc Exhibit A, page 3 .. ir. «~ S00'45'06_W ic) a LOT 8 COMMON AREA WEST USTI ROAD R.P.O.B. - - -- - N89'14'S4'W 410.97' PHq~ 1 -~- ~, REACH 2 ~~ \ ~~ I 15 18 \ ~~, I \ ~'`~~ ~ ,~ s I TUMBLE CREEK SUBDIVISION N0.4 N. s 18 F~ 1s ~ ~% `~~ s~~ \ ~ ~ `n `~ ~ ~ s~~ ~ ~. zz SCALEI 1'=100' ATTACHMENT A-1-2 S00'S5'43'E 65.91' - LEGEND TERMINUS S PROPOSED SAN SEWER - C/L 5 MILE DRAIN - 5 MILE DRAIN EASEMENT -" - - EXISTING ROW ALUMINUM CAP L__ 1 I I^ I~ W I O1 ~~ I ~Z I I I ~ I ~~ IZ Im ~I of .vl I I I25 ~~~ ~ I~ A' ~ _ ,, (~~ H. ~ CITY OF MERIDIAN PROPOSED PHASE 1, ~ REACH 2, 5 MILE RELIEF SEWER DRAWN BY: L.H.K. DATE: 1/05/01 LEGAL• A PoRnav of cov Lor 1, sECnoN JOB N0. 11616-03 CK'D 8Y: R.M.H. SCALE: 1~=100' 2, T.3N.. R.1W.. B.M., ADA COUNTY. IDAHO SHEET ~ OF ~ t A, page 4 ~. ~ • Engineers Surveyors Planners Project: 11616-03 Date: January 8, 2001 • CITY OF MERIDIAN EXHIBIT "A-1-3" A CENTER LINE DESCRIPTION OF THE PROPOSED PHASE 1, REACH 3, 5 MILE RELIEF SEWER FALLING INSIDE THE 5 MILE DRAIN EASEMENT A center line description being within a portion of the NW ~/,, Section 1, T.3N., R.1W., B.M., Ada County, Idaho, and. moreparticularly described as follows: Commencing a1: an aluminum cap marking the West ~/, corner of Section 1, T.3N., R.1 W., B.M., Ada County, Idaho, from said cap, an aluminum cap marking the Northwest corner of Section 1 bears North 00°00'58"-West, 2,699.18 feet; thence North 00°00'58" West, 882.67 feet along the Westerly boundary of said.Section 1 to a point; thence leaving said Westerly boundary North 89°59'02" East, 78.90 feet to a point marking the intersection of the Southerly easement line of 5 Mile Drain and the proposed center line of the 5 Mile Relief Sewer, the REAL POINT OF BEGINNING; thence South 78°16'57" East, 21.67 feet to a point; thence South 56°11'13" East, 457.24 feet to a point; thence South 59°14'18" East, 258.56 feet to a point; thence South 56°54'25" East, 450.00 feet to a point; thence South 56°54'25" East, 450.00 feet to a point; thence South 11°12'46" East, 14.07 feet to a point on the Northerly boundary of Meadow View No. 1 Subdivision as filed in Book 50 at page 4100, Records of Ada County, the POINT OF TERMINUS of this description. From said point, an aluminum cap marking the West ~/+ of said Section 1 bears North 89°27'57" West, 1,458.77 feet. See Attachment "A-1-3" END OF DESCRIPTION Prepared by: LHK:Ihc Lawrence H. Koerner, P.L.S. F:\projects\11616\admin\easements\center line description phase 1 reach 3.doc Exhibit A, page 5 J-U-B ENGINEERS, Inc. I i UNDfR RfSAD x82.67 i ~ ~ ~ ~. ~~ A~ O m /~ I `~,~ /~' ^ `Y a~ ~ /4 ` ~~ ~~~` y I ~ 1 yyY ~? • ,~~ ~`' ' ~~ ~ ~ / ~ • ~~ y ~ AD ~~ ~_ ~,~ s~~ ~~'~ ~e~r 8 /~~ • I / ~ / ~ . ~ ~ ~~ ~ ~ ~ / W 4th STREET / / ,.~ ~N/ /~ tZ ~~ z ~ c~ / N i EAU, O~~' O ~' ~i r v~~° f~*1 ~Z m ~z °z Z v ~~~ ~Z~ ~ 2 m ~ A P e 6 +1 ~~ ~. D D x m z D Z ~ O ~ -~ w 0 rrD (+l m :~ m ~ r C7 ~ _ ~ = x m ~ C7 O 0 2 ~l W ~ ~. ~ o C Q '~ D ~~ ~ Z A ~ _ ~~ ~ ~ ~ ~ ~ rT~ Z7 s~ ~ ~ > -D ~ m O O f m ~~ ~ ~. ~ ~ ~ ~ ~' o m ~ ~ ~ ~ z ~ ~ • Exhibit B • • EXHIBIT C Purpose of License Tl~e purpose of this License Agreement is to permit Licensee to construct and install a sanitary sewer line within and parallel to the District's easement for the Five Mile Drain, all within Licensee's right-of--way for Phase I, described in Exhibit A, located northwest and southeast of the intersection of Linder Road and Ustick Road in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. Construction shall be in accordance with certain plans consisting of fifteen sheets: sheet I entitled "Five Mile Relief Sewer, City of Meridian, Title Sheet," bearing engineer's. stamp dated December 28, 2000; sheet 2 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Sheet Index, General Notes, and Legend," bearing engineer's stamp dated December 28, 2000; sheet 3 of I S entitled "Five Mile Relief Sewer, City of Meridian, Staging and Phasing Plan," bearing engineer's stamp dated December 28, 2000; sheet 4 of I ~ entitled "Five Mile Relief Sewer, City of Meridian, Temporary Erosion and Sedimentation Control Plan," bearing engineer's stamp dated December 28, 2000; sheet 5 of 15 entitled "Five Mile Relief Sewer. City of Meridian, Relief Sewer Plan and Profile, Phase 1, Sta. 100+00 to Sta. 108+00," bearing engineer's stamp dated December 28; 2000; sheet 6 of 15 entitled '`Five Mile Relief Sewer, City of Meridian, Relief Sewer flan and Profile, Phase 1, Sta. 108+00 to Sta. 117+SO ," bearing engineer's stamp dated December 28, 2000: sheet 7 of 15 entitled '`Five Mile Relief Sewer, City of Meridian, Relief Sewer Plan and Profile, Phase I, Sta. 117+~0 to Sta. 130+50," bearing engineer's stamp dated December 28, 2000; sheet 8 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Relief Sewer Plan and Profile, Phase 1, Sta. 130+50 to Sta. 136+33.36.' bearing engineer's stamp dated December 28, 2000; sheet 9 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Relief Sewer Plan and Profile, Future Phase 2, Sta. 10+19 to Sta. 22+00," bearing engineer's stamp dated December 28, 2000; sheet 10 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Relief Sewer Plan and Profile, Phase I and Future Phase 2, Sta. 22+00 to Sta. 35+00," bearing engineer's stamp dated December 28, 2.000; sheet I I of 15 entitled "Five Mile Relief Sewer, City of Meridian, Relief Sewer Plan and Protilc, Phase I , Sta. 35+00 to Sta. 47+89 ," bearing engineer's stamp dated December 28, 2000; sheet 12 of I ~ entitled '`Five Mile Relief Sewer, City of Meridian, Diversion Structures No. 2 and 3 Plan," bearing engineer's stamp dated December 28, 2000; sheet 13 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Diversion Structures No. 2 and 3 Details and Sections," bearing engineer's stamp dated December 28, 2000: sheet I ~ of 15 entitled "Five Mile Relief Sewer, City of Meridian, Trench and Surface Repair Details," bearing engineer's stamp dated December 28, 2000; sheet 15 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Miscellaneous Details," bearing engineer's stamp dated December 28, 2000; and the Project Manual entitled "City of Meridian, Five Mile Relief Sewer Project, Phase I, Specifications and Contract Documents.'• bearing engineer's stamp dated January II, 2001. These plans have been delivered to the District's water superintendent, are in his possession in his offices; and are hereby incorporated by this reference. The construction and installation of the sewer line authorized and permitted by this Agreement is limited to Phase I . Tl~e sewer line shall be a minimum off set of 10 feet from the top of bank of the Five Mile Drain to tl~e centerline of the sewer line. All work and maintenance shall be out of the channel section of the Five Mile Drain. b. Licensee shall notify the water superintendent of the District prior to and immediately after LICENSE AGREEMENT -Page 6 construction so that he or the District's engineer's may inspect and approve tl~e construction. c. Tlie Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder oftitle to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the Uistrict's easement for the Five Mile Drain except as referred to in this agreement or exhibits thereto without tl~e prior written consent of the District. The District's easement for the Five Mile Drain is 100 feet, 50 feet to either side of the centerline. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT -Page 7 ' ~ RECEIVED • • ~-~ JAN 2 4 2001 Memo Ta Will Berg, Jr. Fr9om:Gary D. Smith, PE CC: file Date: 01/24/01 Re: MMID -License Agreement -Five Mile Drain CITY OF MERIDIAN Will: Here are two original copies of the License Agreement with Nampa & Meridian Irrigation District to aNow the City to construct the sewer reliever line that was awarded to Lurre' Construction at last nights City Council meeting. After you and Mayor Corrie have signed, with notary, each original, please send them back to me. I will then transmit them to NMID for their signature. ~ G (r_ ~~ ~'~~~ti. Thanks, Gary ~- ~~~c~/ Fmm the deskof... • Page 1 ~ D. snits,, rE Meridian City Engineer Meridian Public Works bepartrnet~t 200 E Carlton 5t, Suite 100 Meridian. Idaho 83642 2600 (208)887-7211 Fa~c (208)887-1297 ~'~ LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2001, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNESSETH: WHEREAS, Licensee is the owner of real property/right-of--way (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as FIVE MILE DRAIN (hereinafter .....referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation water; operate, clean, maintain; and repair the ditch or canal, and access tl~e ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; -and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or tl~e District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary-that the District protect absolutely its. right to control any modification or alteration of its watercourses and its right of way along its watercourses; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in,the manner generally described in the "Purpose of License" attached hereto as..Exhibit C and by this reference made apart-hereof.. Any..modification.ofsald ditch or.canal by the Licensee or encroachment upon the District's easement along said ditch or canal shalt be performed and maintained in accordance with the "Special Conditions" stated in~Exhibit D, attached hereto and by this reference made a part hereof. • • 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter tl~e ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to .the District, om.demand, the costs which shall be reasonably expended by the District for such purposes: If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably extended or incLrred by the District for such purposes. The District-shall giveseasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of LICENSE AGREEMENT-Page 2 • • any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against tl~e District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or ofticial to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. [n the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at tl~e option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the ,.course of performance of maintenance or repair: of said .ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use ofthe easement area°is required by -the District for maintenance or repair under this or any other paragraph of this agreement. 1 1. Licensee shall place no structures or landscaping of any kind above within the District's easement area except as referred to in this agreement or exhibitshereto-without the prior written consent of tl~e District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs.and.reasonable.attorney-fees .from .the other,party. 13. The parties hereto understand and agree that the District has no right in any respect to impair tl~e uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are .devoted and dedicated and that this .contract shall be .at all .times construed according to such principles. 14. Nothing herein contained shall be construed to impair the right of way of the District in the LICENSE AGREEMENT,-..Page 3 • • said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 15. [n the event of the failure, refusal or neglect of the Licensee to comply with all of tl~e terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. Tlae covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with; all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DiSTRiCT By ATTEST: Its Secretary Its President ..,..;.LICENSE AGREEMENT-Page 4 CITY OF IDIAN ~~lJ , B I,\r\ O~ I~L. `~7. ~ ti;.. ATTEST: ~~~*``G~~~ o~PC ~ ~ (,(h GAT `A~DIOI~/~dI !I~?3~O/ ~ ~G cc~ ~~/!la.wr G.~jtr9, ~~,~L 9G ~a~ STATE OF IDAHO Jl. 'Y' v~~T ~+ ~~~ '~ ~,~ County of Canyon ) :,rr;., , .,.... ~;r+~' On this ~ day of ah a , 2001, before me, the undersigned, aNotary Public in and for said State, personally appeared and Daren R. Coon, known to me to be the President and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at ,Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of Ada ) On this ~ day of ~GI.VI:I,I-A.-'~ , 2001, before me, the undersigned, a notary public in and for said state, personally appeared ~bbtl'I-D. Ca1r-G andlNtlllG.rvl F$u~,3r., known to me to be the MG,I~o r and ~ i Cl Prt,~ei ,respectively, of the C[TY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHERF~QF• ~ have hereunto set my hand and affixed my official seal, the day and year in this certificate first allcs~e'~titi~r~'••_ , .~ ;v a e e °:~ OF ~ ~sros~• ~+ ~s a s 0 s '_~~~ -Notary Public or ~ Residing at ~bl ~ LG{.A,h_o My Commission Expires: q -Lb'ob °~ LICENSE AGREEMENT<- Page S ~~-u~s Engineers Surveyors Planners • • Project No.: 5 Mile Relief Sewer (11616-03) Date: January 3, 2001 CITY OF MERIDIAN EXHIBIT "A-1-1" A CENTER LINE DESCRIPTION OF THE PROPOSED PHASE 1, REACH 1, 5 MILE RELIEF SEWER FALLING INSIDE THE 5 MILE DRAIN RIGHT-OF-WAY A center line description being within a portion of the South'/z of Section 35, T.4N., R.1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the Southwest corner of Section 35, T.4N., R.1W., B.M., Ada County, Idaho, from said cap a %z" iron pin marking the West'/4 corner of said Section 35 bears North 00°53'21" East, 2,643.52 feet; thence North 00°53'21" East, 1,172J2 feet along the Westerly boundary of said Section 35 to a point; thence leaving said Westerly boundary South 54°30'35" East, 51.50 feet to a point; thence South 59°52'40" East, 446.77 feet to a point; thence South 80°21'43" East, 412.45 feet to a point; thence South 80°33'17" East, 446.64 feet to a point; thence South 80°29'11" East, 37.59 feet to a point on the Westerly boundary of certain Parcel No. 435346619, marking the REAL POINT OF BEGINNING; thence continuing South 80°29'11" East, 337.68 feet to a point; thence South 63°00'45" East, 424.73 feet to a point; thence South 61 °49' S0" East, 399.12 feet to a point; thence South 62°31'49" East, 308.52 feet to a point; thence South 64°04'59" East, 290.07 feet to a point; thence South 88°16'01" East, 16.60 feet to a point on the Northerly right-of-way of the Five Mile Drain, -the POINT OF TERMINUS of this description. From- said point, a 5/8" iron pin marking the South'/a of said Section 35 bears South 72°09'50" West, 317.44 feet. . See Attachment "A-1-1" END OF DESCRIPTION - LHKahc Lawrence H. Koerner, P.L.S. F:\projects\11616\admin\easements\center line description phase 1 reach 1.doc Exhibit,A,.,page 1 ;Prepared by: J-U-B ENGINEERS, Inc. . r< I I I. ~ ~ . I I I I+~ _ _ - - _ - i l ~m I I I ~~- - -T - - 1I I I I ~~~ ~~ °~ k }~~ II I I I~ ~~~/// ~ X~ A X A N I ~ I mm I ' // ~N~~N~~ I I , ~ ~m ;o I ~~ o o>~Z~Z ~ I f~z1°am ~ I ~I I ~~~zvDi ~{ m I ~I I Dim m ~~~~ II II ~Zm o I it I~ m ~ ICI I~ I I I I ~I I - I. i I I~ I ,I ICI I I ~~ ly'I x / /~ Ib I ~ ~ I ,I / ) ~I 4 I I ~ ~~ S' ~~I ~~~ ICI ~~~~ I I /~/ I+~ I / ~ i~ p ~' I m ~~ n I~ I~' ~~ ~' ~ ~i .~ ~ . i~ I .I,~ III al ~^ ~ ~ I 1 ~I ~~ N~~ i ~o ~ °.,y ~,~ ~ I I ~ ao*~~~ I I Exhibit A, page 2 ~ IA l rJ-U B~ Engineers Surveyors Planners Project No.: 5 Mile Relief Sewer (11616-03) Date: January 5, 2001 CITY OF MERIDIAN EXHIBIT "A-1-2" A CENTER LINE DESCRIPTION OF THE PROPOSED PHASE 1, REACH 2, 5 MILE RELIEF SEWER FALLING INSIDE THE 5 MILE DRAIN EASEMENT A center line description being within a portion of Government. Lot 1 of Section 2, T.3N., R.1W., B.M., Ada County, Idaho, more particularly described as follows: . Commencing at an aluminum cap marking the Southwest corner of Section 2, T.3N., R.1W., B.M., Ada County, Idaho; thence North 89°14'54" West, 410.97 feet along the Northerly boundary of said Section 2 to a point; thence leaving said Northerly boundary South 00°45'06" West, 45.00 feet to a point on the Southerly right-of-way of West Ustick Road, marking the REAL'POINT OF BEGINNING; thence South 33°43'07" East, 193.55 .feet to a point; , thence South 34°22'08" East, 485.40 feet to a point; thence-South 00°55'43" East,' 65.91 feet to a point on the Southerly easement line of .Five Mile Drain, the POINT OF,TERMINUS of this description. From said point, an aluminum cap marking the Northeast corner of said Section 2 bears North. 02°29'19" ,East,.. bb7.79 feet. See Attachment "A-1-2" END OF_DESCRIPTION _ Prepared by: J-U-B ENGINEERS, lnc. I!!o% P y~ ~~ ° ~~°rF O~-~~~~. Q :1_HKahc , _ :Lawrence.H. ,Koerner,. P.L.S.. - :'F:~projects111b1b\adminleasements\centeriine description-phase`1 reach 2.doc Exhibit A; page 3 WEST USTIC~ROAD~ ~ _ soo•45'as'w ~,P,o.B, _ _ 35 36 45.00' - - - - ~ N89'14'54"W 410.97' 2 ~ .r _r- LOT 8 COMMON AREA PHA 1 REACH 2 I \ ~v: ~p 15 16 \ '' I I `~~~~ ~ ~ 17 ~ss I ~~~ I ~~ I ~ TUMBLE CREEK 1a ~,~ I I SUBDIVISION N0.4 \ F I o,~ I IW ,- ~ ... I ~o~ s~ I ~ I 20 ~~. ~`'b z 1 N. ~~, ~ v p~ I I 21 ~7rO~ I Iz JL o~ zz ~ Im ~ s ~~ ~ ~~ ~ D ._ \ -1° S00'S5'43"E~ 1 ~ SCALE• 1'=100' 65.91' I z5' ATTACHMENT A-'! -2 '~ s~~,~F'~~ LEGEND ~RMi us I +«/~~° J S PROPOSED SAN SEWER -- ~~ 5 Ia1LE ORA1N o - -- = 5 MULE GRAIN EASEMENT I ~ 1~~~pP~- - EXISTING ROW p, ALUMINUM CAP I _ ~ ~iT,Y ~:fl.E .i~`ER1:Di:A~1.::f~ROP-OSED PHASE 1 y REACH 2, 5 M1LE RELIEF SEWER DRAWN BY: L.H.K. DATE: 1/05/01 LEGAL: A PoRnoN of cov LoT 1, sECnoN JOB N0. 11616-03 2, T.3N., R.1W., B.M., ADA COUNTY. IDAHO CK'D BY: R.M.H. SCALE: 1"=100' SHEET ~ OF ~ rJ U•B ~ ~ Engineers Surveyors Planners • Project: 11616-03 -Date: January 8, 2001 CITY OF MERIDIAN EXHIBIT "A-1-3" A CENTER LINE DESCRIPTION OF THE PROPOSED PHASE 1, REACH 3, 5 MILE RELIEF SEWER FALLING INSIDE THE 5 MILE DRAIN EASEMENT A center line description being within a portion of the NW'/., Section 1, T.3N., R.1W., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at an aluminum cap marking the West'/a corner of Section 1, T.3N., R.1W., B.M., Ada County, Idaho, from said cap, an aluminum cap marking the Northwest corner of Section 1 bears North 00°00'58" West, 2,699.18 feet; thence North 00°00'58" West, 882.67 feet along the Westerly boundary of said Section 1 to a point; thence leaving said Westerly boundary North 89°59'02" East, 78.90 feet to a point marking the intersection of the Southerly easement line of 5 Mile. Drain and the proposed center line of the 5 Mile Relief Sewer, the REAL POINT OF BEGINNING; thence South 78°16'57" East, 21.67 feet to a point; thence South 56°11'13" East, 457.24 feet to a point; thence South 59°14'18" East, 258.56 feet to a point; thence South 56°54'25" East, 450.00 feet to a point; thence South 56°54'25",East, 450.00 feet to a point; thence South 11°12'46" East, 14.07 feet to a pointon the Northerly boundary of Meadow View No. 1 Subdivision as filed in Book 50.at page 4100, Records of Ada County, the POINT OF TERMINUS of this description. . From said point, an aluminum cap marking the West'/a ofi said Section 1 bears North 89°27'57" West, 1,458.77 feet. See Attachment "A-1-3" -END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. LHKahc Lawrence H. Koerner, P.L.S. F:\projects\11616\admin\easements\center line description phase 1 reach 3.doc Exhibit A, page 5 m~ LINOER ROAD fO ~d _ _ _ _ ~ NOO~Q'S~W 99 _ _ m 882.8 z a / ~j V O p, m ~1 ~~ m „` ,~ ~y ~ / ,Y o w°' a~ ~'~ .. ~ ti~~ IFt • a 1 .,.~ 1 i i/ ~/~ r /~ nth ~~ ' / ^ s / • • ~ ~. m • < ~ ~ ~ l ~ ; _ 2 ?~ T " " , I I D O = ~ o ~ W ~ ~ z C fTl ~, R -~ ~ J C ~ r~ m fA I ~ ~ A> z D D ~ ~ ~ ~ _ ~~ m > ~ m ~ ~ v? rr rr D fI1 Rl Z i ~' of ~ ~ ~ ~ rn Q 1 I ~~~~~ ~ O ' W ' p ~ v .,~`Z~ .,D ~ Q ,Cm ~ z f*1 ~ ~ ~ ~ to m ,,.~ ~ , A IJ ~ ~ P A, page 6 ~ • Exhibit B • • EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to construct and install a sanitary sewer line within and parallel to the District's easement for the Five Mile Drain, all within Licensee's right-of--way for Phase 1, described in Exhibit A, located northwest and southeast of the intersection of Linder Road and Ustick Road in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. Construction shall be in accordance with certain plans consisting,of fifteen sheets: sheet 1 entitled "Five Mile Relief Sewer, City of Meridian, Title Sheet," bearing engineer's stamp dated December 28, 2000; sheet 2 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Sheet Index, General Notes, and Legend," bearing engineer's stamp dated December 28, 2000; sheet 3 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Staging and Phasing Plan," bearing engineer's stamp dated December 28, 2000; sheet 4 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Temporary Erosion and Sedimentation Control Plan," bearing engineer's stamp dated December 28, 2000; sheet 5 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Relief Sewer Plan and Profile, Phase 1, Sta. 100+00 to Sta. 108+00," bearing engineer's stamp dated December 28; 2000; sheet 6 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Relief Sewer Plan and Profile, Phase I, Sta. 108+00 to Sta. 117+50 ," bearing engineer's stamp dated December 28, 2000; sheet 7 of 15 entitled '`Five Mile Relief Sewer, City of Meridian, Relief Sewer Plan and Profile, Phase 1, Sta. 117+50 to Sta. 130+50," bearing engineer's stamp dated December 28, 2000; sheet 8 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Relief Sewer Plan and Profile, Phase 1, Sta. 130+50 to Sta. 136+33.36," bearing engineer's stamp dated December 28, 2000; sheet 9 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Relief Sewer Plan and Profile, Future Phase 2, Sta. 10+19 to Sta. 22+00," bearing engineer's stamp dated December ?$, 2000; sheet 9 0 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Relief Sewer Plan and Profile, Phase 1 and Future Phase 2, Sta. 22+00 to Sta. 35+00," bearing engineer's stamp dated December 28, 2000; sheet 1 1 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Relief Sewer Plan and Profile, Phase I , Sta. 35+00 to Sta. 47+89 ," bearing engineer's stamp dated December 28, 2000; sheet 12 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Diversion Structures No. 2 and 3 Plan," bearing engineer's stamp dated December 28, 2000; sheet 13 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Diversion Structures No. 2 and 3 Details and Sections," bearing engineer's stamp dated December 28, 2000; sheet 14 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Trench and Surface Repair Details," bearing engineer's stamp dated December 28, 2000; sheet 15 of 15 entitled "Five Mile Relief Sewer, City of Meridian, Miscellaneous Details," bearing engineer's stamp dated December 28, 2000; and the Project Manual entitled "City of Meridian,Five Mile Relief Sewer Project, Phase 1, Specifications and Contract Documents.".bearing enbineec' stamp dated -January: 11, :2001. -These plans have .been delivered to the .District's water superintendent, are in his possession in his offices, and are hereby incorporated by this reference. The construction and installation of the sewer line authorized and permitted by this Agreement is limited to Phase 1. The sewer line shall be a minimum off set of 10 feet from the top of bank of the Five Mile Drain to the centerline of #l~e sewer line. All work and maintenance shall ~ ou# of the channel section of the Five Mile Drain. b. Licensee shall notify the water superintendent of the District prior to and immediately after ` LICENS'E'AGi~EEN1`ENT - Fage 6 • • construction so that he or the District's engineer's may inspect and approve the construction. c. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder oftitle to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Five Mile Drain except as referred to in this agreement or exhibits thereto without the prior written consent of the District. The District's easement for the Five Mile Drain is 100 feet, 50 feet to either side of the centerline. e. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT -Page 7 January 19, 2001 • Department Report MERIDIAN CITY COUNCIL MEETING January 23, 2001 APPLICANT Public Works Director -Gary Smith ITEM NO. 3-8-3 REQUEST Consulting Engineer Agreement for Wastewater Treatment Facility Emergency Power Addition 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: COMMENTS ~9~ e~~~ ~~ OTHER: Contacted: Date: Phone: -- Materials presented at pubUc meefings shall become properly ~ the CMy of Merldtan. • • ~If~ B@1'g - From: Brad Watson [watsonb~ci.meridian.id.us] S®nt: Thursday, January 18, 2001 2:14 PM To: bergws~ci.meridian.id.us; Shelby Ugarriza (E-mail) Subject: Another Agenda Item for Council 1-23 Will and/or Shelby, Pubiic Works has another item for City Council approval at its 1-23 meeting. It is: Wastewater Treatment Facility Emergency Power Addition and Control System Troubleshooting Projects Please call if you have any questions, I will get a memo to you tomorrows morning. Thanks. .V wr~r~r.~..r.~/.V.~~..V/~..vlV-r.VArrM.Y~r.~.wrtiw.M~rNwr.n.h..~rN.V.~rr~..Vw..~..~r.v~r.~r.4r BRAD WATSON, P.E., Assistant City Engineer MERIDIAN PUBLIC WORKS DEPARTMENT 200 East Carlton Street, Suite 100 Meridian, Idaho 83642 Phone:(208) 887-2211 Fax: (208)887-1297 E-Mail: watsonb(c~ci.meridian.id.us 01/1bi20~i 1.i.=5 20b-~7i-N~S~ TA~'t_OR ENGINEERS INC ~~ . ~ ~ ~ ~ NGIN~E[~S, INC. 8222 WEST BARNS DRIVE BOISE, IDAHO B?709 PHONE: (208) 377-0033 FAX: (208) 377-0055 January 11, 2001 Mr. Brad Watson Meridian Public Works 200 E. Cazlton, Suite 100 Meridian, ~ $3642 PAGE 2~ Project: Meridian Waste Water Treatment Facility (WWTF) emergency power additions Scope o! Project: Provide complete electrical engineering/design as required to install emery,°ncy genera'.orfsl ~~ the Meridian WWTF. The generator(s) will be capablf of handlin? the existing ).gad on MCC-? and MCC-9, selected loads from ivlCC-2, a.5 ~•:'ll as, tie Cuture loads received from the City of Meridian on January 8, 2001. 1Clectrical engineering work to include: A. Develop electrical plans, including one-line diagrams, panel schedules, emergency power, emergency lighting, details, and specifications required for the installation of the electrical generator(s), switehgear and MCC's (if applicable). B. F'n-ir (4) eight-hour pre-design visits to the WWTF to verify existing service capacity. as-latilt anc'. v~l:~ ~ load readings on effected generators, switchboards, panelboards. and 1`.q~'~~'s, research urilii•: transformer kilowatt demand, and reseazeh load diverri.ty. ~a.'~~ will nee ~l t~, ha~•~ an electrician or pant personnel available during these visits to ta'r;e load reactin~._, remo~~e panel cov.~rs, open MCC sections, etc. C. One (1) four-hour meeting to review 50% docu~nrtents, discuss options, and decide on the best possible solution for emergency power at the WWTF. D. One (1) two-hoer meeting to review 95% documents and owner comments. E. Control design to accommodate generator starting, power transfers and sequence starting of motor loads as required. F. Prepaze contract doc~.unents for competitive bidding and plan check process as follows: 1. Power Plaa. 2. Lighting Ptan. ~. Site I ~:•.tri~al Flan. 4. Panel ~:ltedu!°s. ~. One .Lira Dia<~ram. 6. Retails. 7, Comolere set of applicable T~ivision 16 specifications. 8. Provide 'oiddine assistance and pre-purchase specification(s) for generator(s) and oth~~~ sw~choear items as required. JAN 18 '01 ?~~41 2@~ 377 255 ''"3E.02 f~V~OR ENGINEERS N~ ~ • PAG~ e G. Provide shop drawing review. H. Provide construction administration services to include three (3) two-hour site visits and a final punchlist. ~. Perform redline corrections to our construction documents to reflect shop review and field changes. Assumptions: A. All existing undergro~md utilities to he located by others. B. The .required loads and existing documentation received by TEI on January 8, 2041 axe accurate and will not change. C. An electronic site base (AutoCAD) will be provided to us by the City of Meridian. D. All control system troubleshooting of existing equipment shall be excluded and handled as a serarate rmiect if necessary. Deliverables: A. One set of :~el~u.ms soled. per the plant's request. B. On:. set ofpr~~-eureka::: emergency venerator specifications. C. 5~:~'% documnnt- for r^viPwin options. D. 95% documen:~, for owner revie.u• ~..~omments. E. 1 ~~'/, constr~~tion documents for kidding puih~se~. F. (one CD wi*.I~ record dra:•iings in electronic AutoC;~D format. Brad: V/e are proposing a Iixed fee not to exceed $13,050.00 (Thirteen Thousand Fifty and no hundredths Dollars). If a ~'JWTF staff electrician is not a:~ailable for the site visit, we will hire anther electrician to b° l~r•?.2nt ~.n site durin^ this visit to he invoiced as a reimbursable expense. Thi; era is not ~n~ It~de~1 in our above listed fee. 'this person must be quali.fed to take amper:_ readiti~~s, r: ~~.<<wc panel covers, etc. as directed by the engineer. I2eimbtusable exo~ uses v~~ill be billed at 1.1 times actual cost. All tvark will be clone Using AutoCAD software with electronic media require! to complete this proiect furnished by the City of Meridian WWTF. If you have any ou~stion_,, please call. Sincerely, f~ I'~ f~~~ Bruce McDougal, P.E. BN1/bm JAti! 18 '01 i5~42 208 377 0055 PAGE. 03 January 19, 2001 • Department Report MERIDIAN CITY COUNCIL MEETING January 23, 2001 APPLICANT Public Works Director -Gary Smith ITEM No. 3-8-4 REQUEST Consulting Engineer Agreement for Control System Troubleshooting Projects AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: Q CITY WATER DEPT: y~ ~"~ CITY SEWER DEPT: ~j~. U" MERIDIAN SCHOOL DISTRICT: '~ MERIDIAN POS7 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: e'~~' fly/' ~ ~~6 OTHER: Contacted: Date: Phone: Materials presented afi pubilc meetings shall become property of the City of Meridian. • Shelby Ugarriza From: Brad Watson [watsonb~ci.meridian.id.us] Sent: Thursday, January 18, 2001 2:14 PM To: bergw~ci.meridian.id.us; Shelby Ugarriza (E-mail) Subject: Another Agenda Item for Council 1-23 Will and/or Shelby, Public Works has another item for City Council approval at its 1-23 meeting. It is: Wastewater Treatment Facility Emergency Power Addition and Control System Troubleshooting Projects Please call if you have any questions. I will get a memo to you tomorrow morning. Thanks. BRAD WATSON, P.E., Assistant City Engineer MERIDIAN PUBLIC WORKS DEPARTMENT 200 East Carlton Street, Suite 100 Meridian, Idaho 83642 Phone:(208) 887-2211 Fax: (208)887-1297 E-Mail: watsonb~ci.meridian.id.us 82 • ~' ~ 'NGINF~I~S. INC. ~.Y 9222 WEST BARNES ORIVE BOISE, IDAHO 83709 PHONE (208) 377-0033 FAX: (208) 377-0055 January 11, 2001 Mr. Brad Watson Meridian Public Works 200 E. Carlton, Suite 100 Meridian, ID 83642 Project: Meridian Waste Water Treatment Facility (WWTk~ control system troubleshooting. Scope of Project: Provide electneal engineering troubleshooting services on a time & mate*ial basis to resolve intermittent control problems throughout the facility. )Electrical engineering work to include: A. On-site cont~o? s ~.*em ±roubleslooting services. Brad: We are proposing an initial time and material fee not to exceed $3600.00 (Three Thousand Six Hundred and no hundredths Dollars). This fee is based on o-re week (40 hours) of on-site troubleshooting services at an cngineer'~ rate of $90.40 per hour. This may or may not be enough time to adequately address al] o± :he problem areas. Since we aze unaware of the specific details of the facilities problems and are not familiar with the control systems in question, it is impossible to set a fixed fee for troubleshooting services. We would propose that one day be spent identifying problem areas and determining which of these areas are the most troublesome. We can then come up with cost effective solutions to resolve these problems. Reimbursable expenses Will be billed at ].1 times actual cost. If you have any quesri~ •r , p?ease ca». ~'~ r~ . ~_ Bruce NieDoug~ 1, P.F.. BM/bm JAN 11 '01 14 13 20~ 377 0055 FAG~.02 • • January 19, 2001 Department Report MERIDIAN CITY COUNCIL MEETING January 23, 2001 APPLICANT parks and Recreation Dept -Tom Kuntz ITEM NO. 3-C-2 REQUEST Skate Park Site Selection AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATEF. 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: d~s~ss~ OTHER: Contacted: Date: Phone: _.~,,..- Materiah presented at publk meeting: shall become property of the CNy of Meridian. • ~ ~ ~ ~ ~ ~ • Memorandum RECEIVE 1AN 19 10^i cr~r~ ©F MERi~ ~a~~v To: Mayor Corrie, City Council, Parks and Recreation Commission From: Tom Kuntz T1< - Date: 01-19-01 Re: Results of skate park site selection committee The Skate Park Site Committee started the selection process with a tour of four potential sites on January 10. The committee was comprised of ten individuals including representatives from the School District, Police Department, Parks and Recreation Commission and staff, students and parents. They wrapped up the process on January 17, by voting for the site that, in their opinion, would best fit Meridian. Attached you will find the criteria used to evaluate the sites and listed below are the rankings from first to last. Storey Park- Receiving a rating of 362 was rated highest due to the amount of amenities already available including restrooms, parking, and drinking fountains as well as the amount of multi-age activities that already go on in the park. Some of the drawbacks are the location and lack of visibility from the road. However, our police representatives informed the committee that officers use this area for writing reports, and they plan to continue with this procedure. 58-acre site-With a rating of 210, was chosen second in part because there is nothing surrounding the area, therefore any developments/homeowners would know ahead of time that the facility is there and may produce some noise. Some drawbacks are the lack of amenities, including sidewalks, and location form center of town. The committee felt that it would be beneficial to build in Storey Park and perhaps build a second skate park in the 58 acres phase 3. 2. Meridian Middle School- though the location is great and the visibility is good also, the noise level could become an issue with the neighbors and the size of the area is fairly small. There was also some concern with the facility being so close to the road that a careless skater could end up in the street, getting hurt. The school received a 192. 01/19/01 • • 3. New Police Site-Received 156 points, this site was not highly recommended for several reasons. There is a possibility that the area around the location may become a commercial area, which may become a deterrent to kids on the way to the park. Why go to the end of the street when there are plenty of ramps, stairs and handles to do tricks on along the way. Several members of the committee stated that they did not give the site much consideration since the officers on the committee said that they were more inclined to work with "team" sports and not individual sports. They also said that they were committed to the P.A.L. organization first, and that part of the acreage originally discusses has now been dedicated to a k9 training area. I will be requesting support of the recommended site at the February 12 Parks and Recreation Commission Meeting, and Council approval at the February 6 meeting. Staff plans on meeting with Ken Hamilton of Meridian Speedway to coordinate any potential impact on pit area parking. If you have any questions, or would like more information, please feel free to contact our office at 888-3579. C.C. Planning and Zoning, Public Works, Police Department, Fire Deparhnent • Page 2 • SKATE PARK CRITERIA DEFINITION OF TERMS: • 1. Highly visible: Visibility to the skate court from the street and surrounding areas is important for crime prevention, safety, and to provide a public audience for the skaters. 2. Near-multi-age activities: Other cities have found that skate court facilities are most successful and free of crime when they are sited near existing facilities that draw a mix of ages. When families, young children, teens, seniors and other adults are present in the area, illegal and undesirable activity is minimized. 3. Off street narking: 4. Restrooms: Placement near restrooms that are open to public during daylight hours encourages greater use of the facility and ensures that sanitary conditions are maintained. 5. Drinking fountain: Skateboarding and in-line skating are both aerobic sports that necessitate access to drinking water. Youth will come to a court that has water available more readily than one that does not. 6. Near downtown: Since the majority of youth that skate do not drive, locating the facility within easy walking distance from the central part of town is a prerequisite to high use of the facility. 7. City owned property: 8. Compatibility to surrounding uses: Would a skate park interfere with existing uses, or would existing uses interfere in any way with the skate park. For example, would baseballs routinely fly into the skate park? Consideration must also be made as to the desirability of a skate court given the existing "character" and population of the area. 9. Space feasibility: A minimum amount of physical space is necessary for the construction of a skate park. It is also preferred that the site not be adjacent to woods or a greenbelt for crime prevention and safety reasons. 10. Youth preferences: Youth who skateboard and in-line skate have definite preferences as to the advantage of one site over the other. 01/17/01 • ~ e~ . ^., .,.., .,~ a e~ ..~ ^~ ..~ 4~ O .~' .'., :i~~os aaua.~a;a.~d q;nod •Oi aaBds ~gigisna; a;iS '6 sasn ~uipnno.~.~ns q;ins ~pigt;Bduxo~ •g palloa;noa/paa,~o ~I~ •~ unso;nn~op .~gaH •9 (a;a'uig;uno3 ~uniut.~p'anogd ~sagauaq) sat;tuam~ •S scuooc;sag •~ ~nnl.~Bd ;aa.~;s 3~0 •£ sai;ini;ae a~~ i;Inm agar •z aigisin ,flq~ig•i ~ ° ° ' ~ ~ p" a ~ ~ 'ti '° y °' ~ s .+ r as o a~ ~ s . ~ , z o~ .bv w 0 ~, ao w 0 C 0 • • January 19, 2001 MERIDIAN CITY COUNCIL MEETING January 23, 2001 APPLICANT ITEM NO. 9 REQUEST Police Building Design and Financing Update 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: Contacted: Date: Phone: Materials presented at publk meetings shah become property of the CMy of Meridian. • January 19, 2001 Department Report MERIDIAN CITY COUNCIL MEETING January 23, 2001 APPLICANT Parks and Recreation Dept -Tom Kuntz ITEM NO. 3-C~1 REQUEST Design Agreement with The Land Group #or Skate Park AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~ p „ 0 CITY. W ATER DEPT: "(~ Q~ ~ Q CITY SEWER DEPT: ~~~ V OL DISTRICT: MERIDIAN SCHO 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: Date: Phone: Maferlab presented at pubpc meetings shall become property of the City of Meridian. • Memorandum • RE~EIVEI~ JAN 19 2001 CITY ~F MERIDIAN To: Mayor Corrie and City Council From: Tom Kuntz /~_'~./_ Date: 01-19-O1 Re: Proposal to design Meridian Skate Park from The Land Group, Inc. Please find attached a proposal from The Land Group, Inc. for design and construction administration of the skate park. The Land Group was responsible for building the new skate park in Eagle, and gained substantial experience that will benefit our project. The Parks and Recreation Commission voted to recommend approval of the Land Group agreement at their January 8, 2001 meeting. Staff is requesting Council approval at this time. 01/19/01 7 =THE LAND GROUP, INC. • Landscape Architecture • Civil Engineering • Environmental & Site Planning 128 S. Eagle Road • Eagle, Idaho 83616 • Phone (208) 939-4041 • Fax (208) 939-4445 RECEIVED January 19, 2001 City of Meridian Pazks Department Tom Kuntz 11 West Bower Meridian, Idaho 83642 Re: Fee Proposal-REVISED Meridian Skateboard Park Dear Tom, JAN 2 2 2001 CITY OF MERIDIAN Member or ASLA The following reviews the type and scope of services provided and the fees required for completion. Our contractual agreement is contemplated to be executed between -the City of Meridian and The Land Group Inc. SCOPE OF SERVICES A. DESIGN DEVELOPMENT PHASE 1. After the City of Meridian determines the site for the skate pazk, The Land Group shall coordinate and supervise one public design workshops. The Land Group will work with the Meridian Skate Pazk Design Committee to determine the project programming and design. These meetings will include input from the committee and the future users of the park. This phase will determine the types of elements which will be designed into the skate azea and will educate the public about issues related to skate parks. These meeting will lead to a conceptual design plan that include all program elements such as overall structures, pedestrian pavements and circulation, parking locations, site furniture, landscape, and other information gathered during past design workshops 2. After the one design workshop and working with the Skate Pazk Design Committee, the Land Group will present a conceptual plan to the pazks department and City Council for review and comment. This phase is very important~to communicate and combine all input from the owner's program elements and design criteria. Any comments or recommendations will be considered and will lead to the final drawing which will be utilized as a base sheet for construction documentation. B. CONSTRUCTION DOCUMENTATION Upon approval of the design developments plans, The Land Group will develop working drawings and technical sections of specifications to construct the skateboazd pazk azea. In developing working drawings and specifications, The Land Group shall coordinate its services with those of other consultants necessary to provide construction documents which help to maintain a construction budget in accordance with the preliminary design estimate of probable construction. cost. • ~ CONSTRUCTION DOCUMENTATION SCHEDULE: The Land Group will provide the following services for all phases ofthe pazk project 1. SITE LAYOUT Including final location,, sizing and layout of the skateboard azea. 2.SITE UTILITIES The Land Group will coordinate with necessary agencies and provide necessary drawings for the construction of a water service line and a phone line. These utilities will be designed from a source to be determined by the owner. Off site utility design is not included. 3. SITE DETAILS The Land Group will provide complete construction detailing for all elements within the skateboazding area 4. GRADING PLAN The Land Group will provide finish grading and surface drainage of exterior hazd scape and softscape elements on the site. We will duect surface drainage to designated sub-surface catch basins, surface retention basins or approved off-site drainage facilities. 5. GRADING DETAILS. Provide and coordinate details required for final grading and drainage. 6.LANDSCAPE PLAN Not part of working drawings and bidding phase for this phase of work. 7. IRRIGATION PLAN Not part of working drawings and bidding phase for this phase of work. 8.SPECIFICATIONS 'The Land Group will provide project specifications for all work relating to the construction drawings. C. BIDDING OR NEGOTIATION PHASE The Land Group, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in ' awazding and preparing contracts for construction. D. CONSTRUCTION ADMINISTRATION PHASE The Land Group will provide construction administration to insure that-all work performed by the contractor is completed per the drawings and specifications. FEES AND TERMS ....Total fee minus donation ....................................................... .. $16,800.00 - Cwt ~ I S% Design Development .............. ................................:......... $2,520.00 ' 55% Construction Documents .........................:......:.................. $9,240.00 5% Bidding ............................................. ................... .... $840.00 25% Construction Administration .................... .............................. $4,200.00 .Fees for Professional Services shall be billed monthly for progress payment based upon. percentage.of work completed. ~. E. SERVICES NOT INCLUDED 1. Restroom facilities 2. Site Surveying 3. Geotechnical investigation report and geotechnical field observations. 4. Construction Management 5. Offsite street improvements 6. Construction Quality Control Testing 7. Site lighting 8. Sewer and Power services 9. Rezoning process 10.. Conditional Use Permit 11. Site selection . 12. All azeas outside the skating area. 13. Emergency phone F. ADDITIONAL SERVICES When specifically requested, work not described above shall be performed as additional services. G. H. I. REIMBURSABLE EXPENSES The following costs shall be reimbursed at cost plus 10% and aze not included in the Fee for. Professional Services: ~ _ 1. More than one set of progress drawings/specifications at any one stage shall be reimbursed. Final costs for bidding phase including all blueprint sets and specification manuals.. 2. Cost of models, special renderings, promotional photography, special process printing, special equipment, special printed reports or publications, maps and documents approved in advanced by Client. 3. Cost of commercial carrier and public transportation, lodging, caz rental and pazking, subsistence and out-of- pocket expenses. Private automobile travel at $032 per mile 4. Courier delivery cost ASSUMPTIONS - - , The assumptions listed below were fundamental in determining the appropriate fee for the scope of work proposed in this section. Significant deviations from these assumptions could materially impact the actual fee incurred under the above scope. The assumptions include: 1.. ~ Prior to the actual beginning of work, The City of Meridian and The Land Group will jointly define the extent ofthe Scope of Work and standards to ;be utilized for the duration ofthe projecrt. 2. ~ Completion ofindividual tasks will take place in an orderly fashion. Submittals required by the Architects or Owners will respect a time table jointlyestablished with The Land Group prior to the beginning of work.- S'['l1d11it~ttl tlI1P'~A~tBi ~AI~G ~"5 The Land Group, Inc. will follow the professional standazds of care expected of a landscape architect licensed and practicing in the State of Idaho. The owner acknowledges-that in the performance of services, as defined in this agreement, the landscape azchitect and his consultants aze expected to meet the standard of care as defined by the State of Idaho. The owner acknowledges that this standard of caze does not imply or represent that the contract documents produced by the landscape architect and his consuhants will be 100% free from inconsistencies,. conflicts,, or discrepancies and does not guarantee that 100%ofthe. elements ofthe project aze included. The owner understands that since the landscape azchitect and his consultants can not produce 100% , accurate documents, that construction changes will occur and the changes may cost an additional 2-4% above ~J MEMORANDUM TO: Tom Kuntz FROM: William G. Berg, Jr. ~;,~ DATE: Wednesday, January 24, 2001 CITY OF MERIDIAN CITY CLERK'S OFFICE RE: Agreement with The Land Group, Inc. for the Skateboard Park Enclosed is the agreement for the skateboard park with The Land Group, Inc., which has been signed by the Mayor and attested by myself. It was approved by the City Council on January 23, 2001 and is now ready for execution by The Land Group, Inc. Attached is the original agreement for you acquire additional signatures and return it to me for the files. Thank you. • • January 19, 2001 =THE LAND GROUP, INC. Landscape Architecture • Civil Engineering • Environmental Fj Site Planning 128 S. Eagle Road • Eagle, [daho 83616 • Phone (208) 939-4041 • Fax (208) 939-4445 City of Meridian Parks Department Tom Kuntz 11 West Bower Meridian, Idaho 83642 Re: Fee Proposal-REVISED Meridian Skateboard Park Deaz Tom, RECEIVED JAN 2 2.2001 CITY OF MERIDIAN The following. reviews the type and scope of services provided and the fees required for completion. Our contractual agreement is contemplated to be executed between the City of Meridian and The Land Group Inc. ` SCOPE OF SERVICES A. .DESIGN DEVELOPMENT PHASE Member of ASLA 1. After the City of Meridian determines the site for the skate park, The Land Group shall coordinate and supervise one public design workshops. The Land Group will work with the Meridian Skate Park Design Committee to determine the project programming and design. These meetings will include input from the committee and the future users ofthe pazk. This phase will determine the types of elements which will be designed into the skate area and will educate the.public about issues related to skate parks. These meeting will lead to a conceptual design plan that include all program elements such as overall structures, pedestrian pavements and circulation, parking locations, site furniture, landscape, and other information gathered during past design workshops 2. After the one design workshop and working with the Skate Pazk Design Committee, the-Land Group will present a conceptual plan to the parks department and City Council for review and commern: This phase is very importarrt to co~numniic~te and combine all inputfrom the owner's program elements and design criteria. Any comments or recommendations will be considered and will lead to the final drawing which will be utilized as a base sheet for construction documentation. B. CONSTRUCTION DOCUMENTATION Upon approval ofthe design developments plans, The Land Group will develop working drawings and technical sections of specifications to construct the skateboard park area. In developing working drawings and specifications, The Land Group shall coordinate its services with those of other consultants necessary to provide construction documents which help.to maintain a construction budget in accordance with the preliminary design estimate ofprobable construction cost. ~~ . r-~ CONSTRUCTION DOCUMENTATION SCHEDULE: The Land Group will provide the following services for all phases of the park project 1. SITE LAYOUT Including final location,. sizing and layout of the skateboard area. 2.SITE UTII.ITIES The Land Group will coordinate with necessary agencies and provide necessary drawings for the construction of a water service line and a phone line. These utilities will be designed from a source to be determined by the owner. Off site utility design is not included. " 3. STTE DETAILS The Land Group will provide complete construction, detailing for all elements within the skateboarding area 4. GRADING PLAN The Land Group will provide finish grading and surface drainage of exterior hard scape and softscape elements on the site. We will direct surface drainage to designated sub-surface catch basins, surface retention basins or approved off-site drainage facilities. 5. GRADING DETAILS. . Provide and coordinate details required for final grading and drainage. 6.LANDSCAPE PLAN Not part ofworking drawings and bidding phase for this phase ofwork. 7. IRRIGATION PLAN Not part of working drawings and bidding phase for this phase of work. 8.SPECIFICATIONS The Land Group will provide project specifications for. all work relating to the construction drawings. C. BIDDING OR NEGOTIATION PHASE T'he Land Group, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in ' awarding.and preparing contracts for construction. D. CONSTRUCTION ADMINISTRATION PHASE The Land Group will provide construction administration to insure that-all work performed by the contractor is completed per the drawings and specifications. FEES AND TERMS . Total fee minus donation .......................................................... $16,800.00 Cast 8t+s 15% Design Development .............. .......................................... $2,520.00 55% Construction Documents ....... .....................:......................... $9,240.00 5% Bidding ............. .............................. ................... .... $840.00 25% Construction Administration ................... .:...................:........ $4,200.00 Fees for.Profi:ssionalServkes shall.be billed.monthly for progress payment based upon percentage of work completed. • RECEIVED Memorandum SAN X92001 CITY OF MERIDIAN To: Mayor Corrie and City Council From: Tom Kuntz 'r ~ Date: 01-19-01 Re: Agreement with W&H Pacific for tiling irrigation ditches at 58-acre park The survey and topographic map for the 58 acre park site was completed January 12, and a meeting was held on January 16 with all those affected by the tiling project (see attached meeting agenda). The next development phase of the project is relocating and tilling irrigation ditches. The work needs to be completed prior to the release of irrigation water on April 15, 2001. Please find attached, for your approval, an agreement with W&H Pacific to provide design and bid specifications for tiling the irrigation ditches. 01!19/01 • • 3130 South Owyhee Street Boise, Idaho 83705-4768 208.342.5400 Fax 208.342.5353 a Member uj Tlu IT Crayr December 21, 2000 (Revised January 19, 2001) Mr. Tom Kuntz, Director City of Meridian Parks & Recreation Dept. 11 W. Bower Street Meridian, Idaho 83642 RE: IRRIGTION DITCH TILING THROUGH MERIDIAN'S 58.86 ACRE PARK SITE @ N.W. CORNER MERIDIAN & USTICK ROADS -Proposal for Civil Engineering Services (WHP Promo No. 812869) Dear Tom: Thank you for requesting this proposal for civil engineering design services for tiling +2,500 - 5,500 L.F. of new and/or rerouted existing irrigation ditch within your planned 58.86-acre park site at the northwest corner of Meridian and Ustick Roads, as we discussed with Elroy Huff, Pazks Superintendent, and Ken Aschenbrenner, park site farmer, on Monday, December 11th. We have reviewed the park site Record of Survey No. 3353, the plat and Record of Surveys abutting the pazk site, and visited the park site. I confirmed with both the Nampa & Meridian Irrigation District (NMID) and Settler's Irrigation District that this property is outside their jurisdiction and the ditches running through it are "users ditches". NMID would only need to get involved if the City plans to discharge their pre-development site runoff into the irrigation ditches. The irrigation water users that are served by the irrigation facilities running through the park site are responsible for the maintenance of the facilities. Based on our site research and my conversations with you, we propose to provide the following services: SCOPE OF SERVICES A) Civil En ineering 1) Provide design coordination & attend meetings with the Meridian Parks & Rec. Dept., downstream water users and approval agencies. We will meet with the irrigation water users that are served by the irrigation facilities running through the park site (i.e. -Les Vogel, Dale Cooper, etc.), Settler's Irrigation District, Meridian Parks & Rec. personnel and Ken Aschenbrenner to understand and confirm all the delivery and waste water issues associated with the irrigation facilities running through the park site. We will also meet with Ada County Highway District personnel to confirm the ultimate right-of--way locations for whpacific.com planners surveyors engineers landscape architects i • Meridian & Ustick Roads to ensure that abutting park irrigation improvements will not have to be relocated in the future. 2) Prepare final design, construction plans & details for rerouting the existing irrigation ditch from the center of the site and tiling it along the east, north and west property lines and showing the new tiled irrigation piping, junction & diversion/weir boxes, and finish grading over the pipe to match the existing grades. Our design will include hydraulic calculations in order to deliver the proper amounts of water to each downstream user and coordination of required pipe sizes with the users and developer to the north (Cedar Springs Subdivision). An Engineer's Estimates of Probable Cost will be prepared for the final design. Our plans will be submitted to the City Public Works/Building Dept. for review/approval and revisions will be made as required. B) Assumptions We propose to provide the above Professional Design Services based on the following assumptions: 1) Owner will provide a current Title Report identifying all easements and encumbrances on the subject property. 2) No environmental hazards or wetlands impacts exist on the site. 3) Attendance at public meetings is not included. 4) No NMID Land Use Change/Site Development Application or License Agreement is required. 5) This proposal covers civil engineering services for gravity irrigation ditch/tiling design only and does not include site grading, drainage, paving & utility, landscape, park amenity (i.e. -zero depth water feature), pressure irrigation, mechanical, electrical, structural, geotechnical or environmental engineering design services. 6) The latest edition of the Idaho Standards for Public Works Construction (ISPWC) will serve as the project construction specifications and standard details. We will provide supplemental Technical Provisions as required 7) The City of Meridian will prepare the project's construction bid specifications for our editing. 8) Processing of plans through the City of Meridian is limited to two (2) submittals. 9) The City of Meridian will handle construction administration & inspection. 10) Preparation of irrigation ditch/tiling legal descriptions and Grants of Easement are not included. SCHEDULE We understand the City wishes to complete the construction of this tiling project prior to water returning to the irrigation system for the Spring irrigation season, so that construction of Phase 1 of the park (northeast portion of the site) can begin immediately thereafter. W&H PACIFIC STANDARD PROVISIONS 1. Period of Service: W&H Pacific (W&HP) will commence work within ten days of receipt by W&HP of the executed Agreement and will proceed with said work in a diligent manner to completion. W&HP will not be responsible for delays caused by factors beyond W&HP's control and will not be responsible for delays caused by factors which could not reasonably have been foreseen at the time this Agreement was executed. 2. Terms of Payment: Fees for Services will be billed monthly based on the actual services completed. OWNER shall make prompt monthly payments in response to W&HP's monthly invoices. If OWNER objects to any invoice submitted by W&HP, OWNER shall so advise W&HP in writing, giving reasons therefore, within fourteen days of the date on said invoice. If OWNER fails to make any payment due W&HP for services and expenses within thirty days of the date on the invoice therefore, the amounts not paid will be considered past due. A delinquency charge of 1-1/2% per month shall be added to the past due amount, and in addition, W&HP may suspend services under this Agreement, without liability for delay or for consequential or other damages which may result therefrom, upon delivery of written notice of its intention thereof. If invoices remain outstanding past sixty days, W&HP shall pursue legal and equitable means to collect the outstanding balance. OWNER agrees to pay all reasonable attorney's fees, court costs and collection fees incurced by W&HP in the collection thereof. 3. Payments in Event of Termination: In the event this Agreement is terminated, W&HP will be compensated for services performed under this Agreement to the date of termination in accordance with the above provisions of payments to W&HP. If this Agreement is terminated by OWNER, W&HP will also be compensated for all reasonable vests and expenses incurred to assemble and Gose project files and records. 4. Opinions of Cost: Since W&HP has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors' methods of determining prices, or other competitive bidding or market conditions, W&HP's opinions of probable Project or construction costs are to be made on the basis of W&HP's experience and qualifications and represent WBHP's judgement as an experienced and qualified professional engineer, familiar with the construction industry; but W&HP cannot and does not guarantee that proposals, bids or actual Project or construction costs will not vary from opinions of probable costs prepared by W&HP. 5. StandaM of Pertormance: W&HP shall perform its services in accordance with generally accepted standards presently maintained by other practicing professionals engaged in the same type of work in the general location of the Project. W&HP makes no other warranty, expressed or implied. 6. Construction and Safety: W&HP shall not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. 7. Reuse of Documents: All documents, including drawings and specifications, prepared by W&HP pursuant to this Agreement shall remain the property of W&HP and are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by OWNER or others on extensions of the services provided for the intended Projector on any other project. Any reuse without written verfication or adaptation by W&HP for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to W&HP; and OWNER shall indemnify and hold harmless W&HP from all claims, damages, losses and expenses, including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle W&HP to further compensation at rates to be agreed upon by OWNER and W&HP. 8. Electronic Medla DelNery: It is recognized that the OWNER may, from time to time, request the delivery of and receive copies of drawings on computer disks and/or magnetic tapes. The original discs and/or magnetic tapes will be retained by WBHP. The information on the electronic media is considered part of W&HP's instrument of service and shall not be used on other projects, for additions to this project, or for completion of this project by another design professional except by agreement in writing and with appropriate compensation to W&HP. Any such use or reuse by the OWNER or others, without written verification or CADD adaptation by W&HP for the specific purpose intended will be at the OWNER's sole risk and without liability or legal exposure to W&HP. Furthermore, the OWNER shall, to the fullest extent permitted by law, indemnify and hold harmless W&HP from all claims arising out of or resulting therefrom. Due to the potential that the information set forth on the computer discs and/or magnetic tapes can be modified by the OWNER, unintentionally or otherwise, W&HP reserves the right to remove all indicia of its ownership and/or involvement from each electronic display. The OWNER shall be responsible for determining the compatibility of W&HP's files with the OWNER's software. W&HP makes no warranty as to the compatibility of it's files with the OWNER's software. Because data stored on electronic media can deteriorate undetected, the OWNER agrees that W&HP cannot be held liable for the completeness or correctness of the electronic data after an acceptance period of 30 days from delivery of the electronic files. 9. Limitation of Llabillty: Any and all liability, claim for damages, cost of defense, or expenses to be levied against W&HP will be limited to a sum not to exceed Fifty Thousand Dollars ($50,000.00) or the amount of its fee, whichever is greater, on account of any injury or damage to persons or property or arising out of any design defect, error, omission, or professional negligence. Further, the Owner agrees to notify any contractor or subcontractor who may perform work in connection with or making use of any design, report, or study prepared by W&HP of such limitation of liability and require as a condition precedent to its performing the work a like limitation of liability on their part as against W&HP. In the event the OWNER fails to obtain a like limitation of liability provision as to injury or damage to persons or property, design defects, errors, omissions, or professional negligence, any liability of W&HP and/or the OWNER to such contractor or subcontractor arising out of alleged injury or damage to persons or property, design defects, errors, omissions, or professional negligence shall be allocated between the OWNER and W&HP in such a manner that the aggregate liability of W&HP shall not exceed Fifty Thousand Dollars ($50,000.00) or the amount of its fee, whichever is greater. 10. Termination: Either party may terminate this Agreement at any time upon fourteen days' prior written notice to the other 11. Attorney's Fees and Expenses: In the event suit or action is instituted to enforce any of the terms or conditions of this Agreement, the losing party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statutes, such sum as the court may adjudge reasonable as attorneys fees in such suit or action, in both trial court and appellate courts. 12. Waiver: No waiver of a breach of any covenant, term or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 73. Controlling Law, Jurlsdlctlon and Venue: This Agreement shall be governed by the laws of the State of Idaho. Jurisdiction and venue of any dispute hereunder shall be in Ada County, State of Idaho. 14. Successors and Assigns: The covenants, agreements and obligations of this Agreement shall extend to and be binding upon and inure to the benefit of the partners, heirs, personal representatives and assigns of the parties hereto. Neither OWNER nor W&HP shall assign, sublet or transfer any rights under or interest in this Agreement without the written consent of the other. Nothing contained in this paragraph shall prevent W&HP from employing, with prior written consent of OWNER, such independent professional associates and consultants as W&HP may deem appropriate to assist in the pertormance of services hereunder. i-~,- ~ ~,.,. ~ 3 e3 - , , . Memorandum ~CE~D JAN 2 2 2001 To: Will Berg CITY OF MERIDIAN From: Tom Kuntz (, Date: 01-22-01 Re: Design Service Agreement with W&H Pacific for tiling irrigation ditches at the 56-acre site Some minor changes have been made to the agreement with W&H Pacific for tiling the ditches at the 56-acre park site. Please add the attached agreement to the packet and disregard the first. Thank you. ff ~~~ _ G~''~. -~~~;~~ ~~ ~ ~ ~~~~` 01/22/01 R~EIVED a,~~ma~. oJn~ rrc~ JAN 2 2 2001 CITY OF MERIDIAN 3130 South Owyhee Street Boise, Idaho 83705-4768 208.342.5400 Fax 208.342.5353 WORK AUTHORIZATION Date: ~' ~ ~ - ~ ~ Project Number: Client Name: City of Meridian Parks & Recreation Department Address: 11 W. Bower Street Meridian. ID 83642 Billing Address (If different from above): .3~ ~. ~~~ ~ a ~~- ~'J~eri~litrwr / ~>6tZ Telephone:_(208) 888-3579 Client Contact Person: Tom Kuntz Project Name: Meridian's 58.86 Acre Park Site @ N.W. Corner Meridian & Ustick Roads Services to be Performed: See January 19, 2001 revised proposal letter (attached) for Civil Engineering services Method of Payment: Client agrees to pay W&H Pacific for services performed on the basis of: ~ A lump sum fee of $ 7.300.00 ^ Other Additional $1,100.00 for Tiling S. Ditch ^ Salary cost times a factor plus incurred expenses as set forth in "W&H Pacific Standard Fee Schedule," attached hereto. Estimated maximum fee ~. ^ Salary cost times a factor plus incurred expenses as set forth in "W&H Pacific Standazd Fee Schedule," attached hereto, not to exceed $ ^ For extra work, salary cost times a factor plus incurred expenses as set forth in "W&H Pacific Standard Fee Schedule," attached hereto. The general understandings applicable to this Work Authorization aze set forth in the Standazd Provisions printed on the back and are made a part hereof. This-'Work Authorization, together with attached referenced Exhibits, represent the entire understanding between Client and W&H Pacific and can only be modified by duly executed written instrument. W&H PACIFIC, INC. By: Project Manager Title: Director of Land Development whpacific.com planners a/r~a~red 6~ L~ih~ G'~rdne/`L ~ 23-0/ Accepted: City of Meridian Client By: Authorized Represer~ ~~ Title: surveyors engineers ~,~~~.~~ l~y~~,.~ C` e;at >>~~<<~o ro ~~ rrr,f~~r ',. ~-- ~ , :.. _, ~~ ~- ~' ~,c, ti '. t~"'.~'s i~ - .t, . W&H PACIFIC STANDARD PROVISIONS 1. Period of Service: WBH Pacific (WBHP) will commence work within ten days of receipt by WBHP of the executed Agreement and will proceed with said work in a diligent manner to completion. WBHP will not be responsible for delays caused by factors beyond WBHP's control and will not be responsible for delays caused by factors which could not reasonably have, been foreseen at the time this Agreement was executed. 2. Terms of Payment: Fees for Services will be billed monthly based on the actual services completed. OWNER shall make prompt monthly payments in response to WBHP's monthly invoices. If OWNER objects to any invoice submitted by WBHP, OWNER shall so advise WBHP in writing, giving reasons therefore; within fourteen days of the date on said invoice. If OWNER fails to make any payment due WBHP for services and expenses within thirty days of the date on the invoice therefore, the amounts not paid will be - considered past due. A delinquency charge of 1-1/2% per month shall be added to the past due amount, and in addition, WBHP may suspend services under this Agreement, without liability for delay or for consequential or other damages which may result therefrom, upon delivery of written notice of its intention thereof. If invoices remain outstanding past sixty days, WBHP shall pursue legal and equitable means to collect the outstanding balance. OWNER agrees to pay all reasonable attorney's fees, court costs and collection fees incurred by WBHP in the collection thereof. 3. Payments in Event of Termination: In the event this Agreement is terminated, WBHP will be compensated for services performed under this Agreement to the date of termination in accordance with the above provisions of payments to WBHP. If this Agreement is terminated by OWNER, WBHP will also be compensated for all reasonable costs and expenses incurred to assemble and close project files and records. 4. Opinions of Cost: Since WBHP has no control over the cost of labor, materials, equipment or services furnished by others, or over contractors' methods of determining prices, or other competitive bidding or market conditions, WBHP's opinions of probable Project or construction costs are to be made on the basis of WBHP's experience and qualifications and represent WBHP's judgement as an experienced and qualified professional engineer, familiar with the construction industry; but WBHP cannot and does not guarantee that proposals, bids or actual Project or construction costs will not vary from opinions of probable costs prepared by WBHP. 5. Standard of Performance: WBHP shall perform its services in accordance with generally accepted standards presently maintained by other practirting professionals engaged in the same type of work in the general location of the Project. WBHP makes no other warranty, expressed or implied. 6. Construction and Safety: WBHP shall not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. 7. Reuse of Documents: All documents, including drawings and specifications, prepared by WBHP pursuant to this Agreement shall remain the property of WBHP and are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by OWNER or others on extensions of the services provided for the intended Project or on any other project. Any reuse without written verification or adaptation by WBHP for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to WBHP; and OWNER shall indemnify and hold harmless WBHP from all claims, damages, losses and expenses, including attomeys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle WBHP to further compensation at rates to be agreed upon by OWNER and WBHP. 8. Electronic Media Delivery: It is recognized that the OWNER may, from time to time, request the delivery of and receive copies of drawings on computer disks and/or magnetic tapes. The original discs and/or magnetic tapes will be retained by WBHP. The information on the electronic media is considered part of WBHP's instrument of service and shall not be used on other projects, for additions to this project, or for completion of this project by another design professional except by agreement in writing and with appropriate compensation to WBHP. Any such use or reuse by the OWNER or others, without written verification or CADD adaptation by WBHP for the specific purpose intended will be at the OWNER's sole risk and without liability or Iegai exposure to WBHP. Furthermore, the OWNER shall, to the fullest extent permitted by law, indemnify and hold harmless WBHP from ail claims arising out of or resulting therefrom. Due to the potential that the information set forth on the computer discs and/or magnetic tapes can be modified by the OWNER, unintentionally orotherwise, WBHP reserves the right to remove all indicia of its ownership and/or involvement from each electronic display. The OWNER shall be responsible for determining the compatibility of WBHP's files with the OWNER's software. WBHP makes no warranty as to the compatibility of it's files with the OWNER's software. Because data stored on electronic media can deteriorate undetected, the OWNER agrees that WBHP cannot be held liable for the completeness or correctness of the electronic data after an acceptance period of 30 days from delivery of the electronic files. ~L , ~- h'. Thousand Dollars mount of its fee, whichever is greater, on account of any injury or damage to persons or ro ' ' o any design ~'~ defect, error, omission, or professional neg ig caner agrees to notify any contractor or sub ay perform work in connection with or ~'~ making use of any design, report, or study prepared by WBHP of suc ire as a condition precedent to its performing the work a like limitation of liability on their part as against WBHP. In the ev i s to obtain a li e i ovision as to injury or damage to persons or property, design defects, erors, orris ' na negligence, any liability of WBHP and/or the OWNER to such con ctor arising out of alleged inju ons or property, design defects, errors, omissions, or professional negligence shall be allocated between the OW P 10.Termination: Either party may terminate this Agreement at any time upon fourteen days' prior written notice to~ the other. 11. Attorney's Fees and Expenses: In the event suit or action is instituted to enforce any of the terms or conditions of this Agreement, the losing party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statutes, such sum as the court may adjudge reasonable as attomeys fees in such suit or action, in both trial court and appellate courts. 12. Waiver: No waiver of a breach of any covenant, term or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 13.Controlling Law, Jurisdiction and Venue: This Agreement shall be governed by the laws of the State of Idaho. Jurisdiction and venue of any dispute hereunder shall be in Ada County, State of Idaho. 14.Successors and Assigns: The covenants, agreements and obligations of this Agreement shall extend to and be binding upon and inure to the benefit of the partners, heirs, personal representatives and assigns of the parties hereto. Neither OWNER nor WBHP shall assign, sublet or transfer any rights under or interest in this Agreement without the written consent of the other. Nothing contained in this paragraph shall prevent WBHP from employing, with prior written consent of OWNER, such independent professional associates and consultants as WBHP may deem appropriate to assist in the performance of services hereunder. • 3130 South Owyhee Street Boise, Idaho 83705-4768 208.342.5400 Fax 208.342.5353 A Memlxr ~j7hr 1T Grmy~ December 21, 2000 (Revised January l9, 2001) Mr. Tom Kuntz, Director City of Meridian Parks & Recreation Dept. 11 W. Bower Street Meridian, Idaho 83642 RECEIVED JAN 2 2 2001 CITY OF MERIDIANI RE: IRRIGTION DITCH TILING THROUGH MERIDIAN'S 58.86 ACRE PARK SITE C~ N.W. CORNER MERIDIAN & USTICK ROADS -Proposal for Civil Engineering Services (WHP Promo No. 812869) Dear Tom: Thank you for requesting this proposal for civil engineering design services for tiling ±2,500 - 5,500 L.F. of new and/or rerouted existing irrigation ditch within your planned 58.86-acre park site at the northwest corner of Meridian and Ustick Roads, as we discussed with Elroy Huff, Parks Superintendent, and Ken Aschenbrenner, park site farmer, on Monday, December 11th. We have reviewed the pazk site Record of Survey No. 3353, the plat and Record of Surveys abutting the pazk site, and visited the pazk site. I confirmed with both the Nampa & Meridian Irrigation District (NMID) and Settler's Irrigation District that this property is outside their jurisdiction and the ditches running through it are "users ditches". NMID would only need to get involved if the City plans to dischazge their pre-development site runoff into the irrigation ditches. Based on our site reseazch and my conversations with you, we propose to provide the following services: SCOPE OF SERVICES A) ,Civil En ing Bering 1) Provide design coordination & attend meetings with the Meridian Pazks & Rec. Dept., downstream water users and approval agencies. We will meet with the irrigation water users that are served by the irrigation facilities running through the pazk site (i.e. -Les Vogel, Dale Cooper, etc.), Settler's Irrigation District, Meridian Parks & Rec. personnel and Ken Aschenbrenner to understand and confirm all the delivery and waste water issues associated with the irrigation facilities running through the park site. We will also meet with Ada County Highway District personnel to confirm the ultimate right-of--way locations for Meridian &Ustick Roads to ensure that abutting -park. imgation improvements will not have to be relocated in the future. whpacific.com planners surveyors engineers landscape architects • 2) Prepare final design, construction plans & details for rerouting the existing irrigation ditch from the center of the site and tiling it along the east, north and west property lines and showing the new tiled irrigation piping, junction & diversion/weir boxes, and finish grading over the pipe to match the existing grades. Our design will include hydraulic calculations in order to deliver the proper amounts of water to each downstream user and coordination of required pipe sizes with the users and developer to the north (Cedar Springs Subdivision). An Engineer's Estimates of Probable Cost will be prepared for the final design. Our plans will be submitted to the City Public Works/Building Dept. and Parks & Recreation Dept. for review/approval and revisions will be made as required. B) Assumptions We propose to provide the above Professional Design Services based on the following assumptions: 1) Owner will provide a current Title Report identifying all easements and encumbrances on the subject property. 2) No environmental hazards or wetlands impacts exist on the site. 3) Attendance at public meetings is not included. 4) No NMID Land Use Change/Site Development Application or License Agreement is required. 5) This proposal covers civil engineering services for gravity irrigation ditch/tiling design only and does not include site grading, drainage, paving & utility, landscape, park amenity (i.e. -zero depth water feature), pressure irrigation, mechanical, electrical, structural, geotechnical or environmental engineering design services. 6) The latest edition of the Idaho Standards for Public Works Construction (ISPWC) will serve as the project construction specifications and standard details. We will provide supplemental Technical Provisions as required. 7) The City of Meridian will prepare the project's construction bid specifications. 8) Processing of plans through the City of Meridian is limited to two (2) submittals. 9) The City of Meridian will handle construction administration & inspection. 10) Preparation of irrigation ditch/tiling legal descriptions and Grants of Easement are not included. SCHEDULE We understand .the City wishes to complete the construction of this tiling project prior to water returning to the irrigation system for the Spring irrigation season, so that construction of Phase 1 of the park (northeast portion of the site) can begin immediately thereafter. .• FEES • • We propose to provide the above professional services for a lump sum (L.S.) fee, including reimbursables, as follows: A) Civil En ineering ................................................ $7,300.00 Additional Service to Prepare a Tiling Design for the South Ditch ........... $1,100.00 If our proposed professional civil engineering services are acceptable, please sign and return our enclosed Work Authorization. We will initiate our civil engineering design(s) upon receipt of our Work Authorization/Professional Services Agreement from the City. We appreciate you considering W&H Pacific as your Civil Engineer and look forward to working with you on this project. Sincerely, W&H PACIFIC, INC. David Caneer, P.E. Director of Land Development Enclosure I•./Project/ProposaUl-19Kuntz.doc • • MEMORANDUM TO: Tom Kuntz FROM: William G. Berg, Jr. /~ ,~,(J DATE: Wednesday, January 24, 2001 CITY OF MERIDIAN CITY CLERK'S OFFICE RE: Agreement with W ~ H Pack for ditch tiling at 58 A Park Enclosed is the agreement for engineering services wifh W & H Pack for ditch tiling at the 58.86 Acre Park, which has been signed by the Mayor and atfested by myself. It was approved by the City Council on January 23, 2001 and is now ready for execution by W & H Pack. Attached is the original agreement for you acquire additional signatures and return it to me for the files. Thank you. ~1,` 3130 South Owyhee Street r ( ~ Boise, Idaho 83105-4168 ~ 208.342.5400 '' Fax 208.342.5353 "°'""'"~~`~G'"'~ WORK AUTHORIZATION Date: ~' ~ ~ _ ®` Project Number: Client Name: City of Meridian Parks & Recreation Department Address: 11 W Bower Street Meridian, ID 83642 Billing Address (If different from above): .33 ~. ~G~4 ~ v ~~ /~eri~li~tw~ / 83~fZ Telephone: (208) 888-3579 Client Contact Person: Tom Kuntz Project Name: Meridian's 58 86 Acre Park Site @ N W Corner Meridian & Ustick Roads Services to be Performed: See January 19, 2001 revised proposal letter (attached) for Civil Engineering services Method of Payment: Client agrees to pay W&H Pacific for services performed on the basis of: ~ A lump sum fee of $ 7,300.00 ^ Other Additional $1,100.00 for Tiling S. Ditch ^ Salary cost times a factor plus incurred expenses as set forth in "W&H Pacific Standard Fee Schedule," attached hereto. Estimated maximum fee $ ^ Salary cost times a factor plus incurred expenses as set forth in "W&H Pacific Standard Fee Schedule," attached hereto, not to exceed $ ^ For extra work, salary cost times a factor plus incurred expenses as set forth in "W&H Pacific Standazd Fee Schedule," attached hereto. The general understandings applicable to this Work Authorization are set forth in the Standard Provisions printed on the back and are made a part hereof. This- Work Authorization, together with attached referenced Exhibits, represent the entire understanding between Client and W&H Pacific and can only be modified by duly executed written instrument. W&H PACIFIC, INC. By Project Manager Title: Director of Land Development whpacific.com planners ~`N/ G~.CG~ ~~/ rLr~ +'~r~~rL /-23~0~ Accepted: By: , Authorized Represer~ati~ Title: surveyors engineers C'~~y Ct~~dape;a tt Client t , a , ~.•, \~a~~o~;~r~o'~•~ ' ~~. ~ •rC 7 hit~c~ t ~_ ~s* ` ~' :~;. ,'1 W&H PACIFIC STANDARD PROVISIONS 1. Period of Service: W&H Pacific (W&HP) will commence work within ten days of receipt by W&HP of the executed Agreement and will proceed with said work in a diligent manner to completion. W &HP will not be responsible for delays caused by factors beyortd• W&HP's control and will not be responsible for delays caused by factors which could not reasonably have been foreseen at the time this Agreement was executed: 2. Terms of Payment: Fees for Services wiH be billed monthly based on the actual services completed. OWNER^shall make prompYmonthly payments' in response to WBHP's monthly invoices. Ii OWNER objects to any invoice submitted by W&HP, OWNER shall so advise W&HP in writing, giving reasons therefore, within fourteen days of the date on said invoice. If OWNER fails to make any payment due W&HP for services and expenses within thirty days of the date on the invoice therefore, the amounts not paid will be considered past due. A delinquency charge of 1-1/2% per month shall be added to the past due amount, and in addition, W&HP may suspend services under this Agreement, without liability for delay or for consequential or other damages which may result therefrom, upon delivery of written notice of its intention thereof. If invoices remain outstanding past sixty days, W&HP shall pursue legal and equitable means to collect the outstanding balance. OWNER agrees to pay all reasonable attorney's fees, court costs and collection fees incurred by W&HP in the collection thereof. 3. Payments in Event of Termination: In the event this Ag-eemertt Is terminated, WBHP wt71 be compensated for services pertormed under this Agreement to the date of termination in accordance with the above provisions of payments to W&HP. If this Agreement is terminated by OWNER, W&HP will also be compensated for all reasonable costs and expenses incurred to assemble and close project files and records. 4. Opinions of Cost: Since W&HP has no control over the cost of labor, materials, equipment orservices fumished'by others, or-over-contractors' methods' of determining prices, or other competitive bidding or market conditions, W&HP's opinions of probable Project or construction costs are to be made on the basis of W&HP's experience and qualifications and represent W&HP's judgement as an experienced and qualified professional engineer, familiar with the construction industry; but W&HP cannot and does not guarantee that proposals, bids or actual Project or construction costs will not vary from opinions of probable costs prepared by W&HP. 5. Standard of Pertormance: W&HP shall perform its services in accordance with generally accepted standards presently maintained by other practicing professionals engaged in the same type of work in the general location of the Project. WBHP makes no other warranty, expressed or implied. 6. Construction and Safety: WBHP shall not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. 7. Reuse of Documents: All documents, including drawings and specifications, prepared by W&HP pursuant to this Agreement shall remain the property of W&HP and are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by OWNER or others on extensions of the services provided for the intended Project or on any other project. Any reuse without wririen verification or adaptation by WBHP for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to W&HP; and OWNER shall indemnify and hold harmless W&HP from all claims, damages, losses and expenses, including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle W&HP to further compensation at rates to be agreed upon by OWNER and W&HP. 8. Electronic Media Delivery: It is recognized that the OWNER may, from time to time, request the delivery of and receive copies of drawings on computer disks and/or magnetic tapes. The original discs and/or magnetic tapes will be retained by W&HP. The information on the electronic media is considered part of W&HP's instrument of service and shall not be used on other projects, for additions to this project, or for completion of this project by another design professional except by agreement in writing and with appropriate compensation to W&HP. Any such use or reuse by the OWNER or others, without written verification or CADD adaptation by WBHP for the specific purpose intended will be at the OWNER's sole risk and without liability or legal exposure to W&HP. Furthermore, the OWNER shall, to the fullest extent permitted by law, indemnify and hold harmless W&HP from all claims arising out of or resulting therefrom. Due to the potential that the information set forth on the computer discs and/or magnetic tapes can be modified by the OWNER, unintentionally orotherwise, W&HP reserves the right to remove ail indicia of its ownership and/or involvement from each electronic display. The OWNER shall be responsible for determining the compatibility of W&HP's files with the OWNER's software. W&HP makes no warranty as to the compatibility of it's files with the OWNER's software. Because data stored on electronic media can deteriorate undetected, the OWNER agrees that W&HP cannot be held liable for the completeness or correctness of the electronic data after an acceptance period of 30 days from delivery of the electronic files. ~L . ~- ,. ~. Thousand Dollars mount of its fee, whichever is greater, on account of any injury or damage to persons or ro ' ' o any design ~ defect, error, omission, or professional neg ig er agrees to notify any contractor or su ay pertorm work in connection with or ("~~' making use of any design, report, or study prepared by WBHP of suc re as a condition precedent to its performing the work a like limitation of liability on their part as against W&HP. In the ev i s to obtain a li e i ovision as to injury or damage to persons or property, design defects, errors, orris ' na negligence, any liability of WBHP and/or the OWNER to such con clot arising out of alleged inju o ons or property, design defects, errors, omissions, or professional negligence shall be allocated between the OWN P 10.Termination: Either party may terminate this Agreement at any time upon fourteen days' prior written notice to~ the other. 11. Attorney's Fees and Expenses: In the event suit or action is instituted to enforce any of the terms or conditions of this Agreement, the losing party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statutes, such sum as the court may adjudge reasonable as attorney's fees in such suit or action, in both trial court and appellate courts. 12. Waiver: No waiver of a breach of any covenant, term or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 13.Controlling Law, Jurisdiction and Venue: This Agreement shall be governed by the laws of the State of Idaho. Jurisdiction and venue of any dispute hereunder shall be in Ada County, State of Idaho. 14.Successors and Assigns: The covenants, agreements and obligations of this Agreement shall extend to and be binding upon and inure to the benefit of the partners, heirs, personal representatives and assigns of the parties hereto. Neither OWNER nor W&HP shall assign, sublet or transfer any rights under or interest in this Agreement without the written consent of the other. Nothing contained in this paragraph shall prevent WBHP from employing, with prior wririen consent of OWNER, such independent professional associates and consultants as WBHP may deem appropriate to assist in the performance of services hereunder. 3130 South Owyhee Street Boise, Idaho 83705-4768 208.342.5400 Fax 208.342.5353 A Mernlur.j7hc l7'Groiyi December 21, 2000 (Revised January 19, 2001) RECEIVED JAN 2 2 2001 Mr. Tom Kuntz, Director City of Meridian Parks & Recreation Dept. 11 W. Bower Street Meridian, Idaho 83642 CITY OF 1VIERIDIAN RE: IRRIGTION DITCH TILING THROUGH MERIDIAN'S 58.86 ACRE PARK SITE @ N.W. CORNER MERIDIAN & USTICK ROADS -Proposal for Civil Engineering Services (WHP Promo No. 812869) Dear Tom: Thank you for requesting this proposal for civil engineering design services for tiling ±2,500 - 5,500 L.F. of new and/or rerouted existing irrigation ditch within your planned 58.86-acre park site at the northwest corner of Meridian and Ustick Roads, as we discussed with Elroy Huff, Parks Superintendent, and Ken Aschenbrenner, park site farmer, on Monday, December 11th. We have reviewed the park site Record of Survey No. 3353, the plat and Record of Surveys abutting the park site, and visited the park site. I confirmed with both the Nampa & Meridian Irrigation District (NMID) and Settler's Irrigation District that this property is outside their jurisdiction and the ditches running through it are "users ditches". NMID would only need to get involved if the City plans to discharge their pre-development site runoff into the irrigation ditches. Based on our site research and my conversations with you, we propose to provide the following services: SCOPE OF SERVICES A) Civil En ig neering 1) Provide design coordination & attend meetings with the Meridian Parks & Rec. Dept., downstream water users and approval agencies. We will meet with the irrigation water users that are served by the irrigation facilities Winning through the park site (i.e. -Les Vogel, Dale Cooper, etc.), Settler's Irrigation District, Meridian Parks & Rec. personnel and Ken Aschenbrenner to understand and confirm all the delivery and waste water issues associated with the irrigation facilities running through the park site. We will also meet with Ada County Highway District personnel to confirm the ultimate right-of--way locations for Meridian &Ustick Roads to ensure that abutting park irrigation .improvements wiii not have to be relocated in the future. whpacific.com planners surveyors engineers landscape architects • • 2) Prepare final design, construction plans & details for rerouting the existing irrigation ditch from the center of the site and tiding it along the east, north and west property lines -and showing the new tiled irrigation piping, junction & diversion/weir boxes, and finish grading over the pipe to match the existing grades. Our design will include hydraulic calculations in order to deliver the proper amounts of water to each downstream user and coordination of required pipe sizes with the users and developer to the north (Cedar Springs Subdivision). An Engineer's Estimates of Probable Cost will be prepared for the final design. Our plans will be submitted to the City Public WorksBuilding Dept. and Parks & Recreation Dept. for review/approval and revisions will be made as required. B) Assum tions We propose to provide the above Professional Design Services based on the following assumptions: 1) Owner will provide a current Title Report identifying all easements and encumbrances on the subject property. 2) No environmental hazards or wetlands impacts exist on the site. 3) Attendance at public meetings is not included. 4) No NMID Land Use Change/Site Development Application or License Agreement is required. 5) This proposal covers civil engineering services for gravity irrigation ditch/tiling design only and does not include site grading, drainage, paving & utility, landscape, park amenity (i.e. -zero depth water feature), pressure irrigation, mechanical, electrical, structural, geotechnical or environmental engineering design services. 6) The latest edition of the Idaho Standards for Public Works Construction (ISPWC) will serve as the project construction specifications and standard details. We will provide supplemental Technical Provisions as required. 7) The City of Meridian will prepare the project's construction bid specifications. 8) Processing of plans through the City of Meridian is limited to two (2) submittals. 9) The City of Meridian will handle construction administration & inspection. 10) Preparation of irrigation ditch/tiling legal descriptions and Grants of Easement are not. included. SCHEDULE We understand the .City wishes to complete the construction. of this tiling project prior to water returning to the irrigation system for the Spring irrigation season, so that construction of Phase 1 of the park (northeast portion of the site) can begin immediately thereafter. y,+ ^` Y FEES C J We propose to provide the above professional services for a lump sum (L.S.) fee, including reimbursables, as follows: A) Civil En ineering ............................................... $7 300.00 Additional Service to Prepare a Tiling Design for the South Ditch ........... $1,100.00 If our proposed professional civil engineering services are acceptable, please sign and return our enclosed Work Authorization. We will initiate our civil engineering design(s) upon receipt of our Work Autholization/Professional Services Agreement from the City. We appreciate you considering W&H Pacific as your Civil Engineer and look forward to working with you on this project. Sincerely, W&H PACIFIC, INC. David Caneer, P.E. Director of Land Development Enclosure I:/Project/ProposaUl•19Kunez.doc