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HomeMy WebLinkAbout2002-03-26Tuesday, March 26, 2002. at 6:30 p.m. City Council Chambers 1. Roll -call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: Approve 3. Consent Agenda: A. Ashford Greens No. 6 Storm Water Drainage Easement: Approve 4. Department Reports: A. Accounting Department — Stacy Kilchenmann: 1. Budget Manual: Presented 2. Finance Report: Presented B. Public Works Department — Gary Smith: 1. White Drain Sewer Trunk Permanent and Temporary Construction Easement — John Kennedy: Work out Manual Agreement 2. White Drain Sewer Trunk --Award of Construction Contract: Table until April 2, 2002 Meeting 3. Latecomers Agreement Request from Jackson's Food Stores: Deny Request Meridian City Council Agenda— March 26, 2002 Page 1 of 2 All materials presented at public meetings shall become Property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. i 4. White C Sewer Trunk k — Crossing and Easement Agreement with Settlers Irrigation District: Need to be Reviewed by Attorney C. Fire Department Chief Bowers: 1, Fire Truck Bids / Awards: Approve offering lower bid 5. (items Moved from Consent Agenda) 6. Public Hearing: MI 01-001 Request for a Street Name Change from East First Street to Main Street from Cherry Lane / Fairview Avenue south to East Central Drive or Overland Road: Approve Meridian City Council Agenda— March 26, 2002 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 w CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 26, 2002 at 6:30 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: e�p;vro vx--, 3. Consent Agenda: A. Ashford Greens No. 6 Storm Water Drainage Easement: r�r-o ✓� 4. Department Reports: A. Accounting Department - Stacy Kilchenmann: �N, 2, Finance Report: p rete. ea_ B. Public Works Department - Gary Smith: 1. White Drain Sewer Trunk Permanent and Temporary Construction Easement - John Kennedy: w& -Lk 2. White Drain Sewer Trunk - Award of 6onstruction Contract: -1k14& 1v Al)�lZ 2,, 2vo 2- 3. 3. Latecomers Agreement Request from Jackson's Food Stores: A4TY pQ faeJ tl 4. White Drain Sewer Trunk - Crossing and Easement Agreement with Settlers Irrigation District: Aeez( A " c-vie6ve6(b9 a, Meridian City Council Agenda —March 26, 2002 Page 1 of 2 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 meeting. C. Fire Department — Chief Bowers: 1. Fire Truck Bids / Awards: D�a�iGt lora �. frac. 5. (Items Moved from Consent Agenda 6. Public Hearing: MI 01-001 Request for a Street Name Change from East First Street to Main Street from Cherry Lane / Fairview Avenue south to East Central Drive or Overland Road: �r'.PPYVV Meridian City Council Agenda —March 26, 2002 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. April 12, 2002 MERIDIAN CITY COUNCIL MEETING April 16, 2002 APPLICANT ITEM NO. S-A REQUEST Approve minutes of March 26, 2002 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: 1( 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 properly of the City of Meridian. 0 Meridian City Council Meeting March 26, 2002 The regularly scheduled meeting of the Meridian City Council was called to order at 6:30 P.M. on Tuesday, March 26, 2002, by Mayor Robert Corrie. Members present: Robert Corrie, Cherie McCandless, Bill Nary, Tammy de Weerd, and Keith Bird. Others Present: Brad Watson, Mike Worley, Sam Johnson, Ken Bowers, Stacy Kilchenmann, and Will Berg. Item 1. Roll -call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: I will open the Meridian City Council Regular Meeting Tuesday, March 26, 2002, at 6:30 P.M. in the City Council Chambers. Mr. Clerk, roll call attendance please. Item 2. Adoption of the Agenda: Corrie: Okay. Council the second item on the agenda is the adoption of the agenda. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the agenda as noticed. Corrie: Okay. McCandless: Second. Corrie: Motion made and second to approve, adopt the agenda as noticed. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Ashford Greens No. 6 Storm Water Drainage Easement: Corrie: Item Number 3 is the Consent Agenda. We have one item on the Consent Agenda, Ashford Greens No. 6, Stormwater Drainage Easement. Meridian City Council Meeting March 26, 2002 Page 2 Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we approve the Consent Agenda as noted. Nary: Second. Corrie: Okay. Motion made and second to approve the Consent Agenda as noted. Any further discussion? Hearing none, roll call vote Mr. Berg. Roll call: De Weerd, aye; Nary, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 4. Department Reports: A. Accounting Department — Stacy Kilchenmann: 1. Budget Manual: Corrie: Okay. Item Number 4 is Department Reports. Item A, Accounting Department, Stacy Kilchenmann, finance report. Stacy? Kilchenmann: Mayor and Council. The first item that we're going to discuss tonight is to go through the budget development process just briefly and see if you have any questions. Then there are a couple of dates that you will need to consider and that we will need to set and have some discussion about. Does everybody have their budget development manual with them? Does nobody have their budget development manual? (Inaudible discussion amongst Council Members) De Weerd: I have the papers. Kilchenmann: That's the — Bird: That's the financial one. I don't have the budget one. (Inaudible discussion amongst Council Members) Kilchenmann: Okay. I'll just briefly go through it, discuss each item, and see if you have a question. What we did this year is we actually did a manual to give to each Department Head or other people in the department that will be working on the budget that have the specific written instructions and an examples attached. Then we also have given them on Excel format that they can email back to us the actual form that Meridian City Council Meeting March 26, 2002 Page 3 they will fill out. The forms on the development manual are just examples. The first page, it starts out and we actually have a budget mission this year. I'll read you the mission. The mission of the budget is to help decision -makers to make informed choices about the provision of services and capitol (inaudible) and to promote stakeholder participation in the process. That's kind of our overall mission that we're adopting. Then we talk briefly about that we're using the program based budgeting approach and that we're incorporating out Strategic Planning process. The next page, it has all the different forms and attachments that need to be completed. For the departments, theirs are in red so they can clearly see the things that they will have to complete. Then there are things that accounting will have to complete. Each department will be responsible for a mission statement, which everybody has, after the Strategic Planning then they will give a current organization chart. Then we're going to have a section that will be a little broader than we've had in the past, it will be financial information. We're going to have the percentage of the City's budget, source of funding, the staffing expenditures, and the FY 2001 audit report. We'll do that graphically. It will be a little better snapshot to look at, do a pie graph or a pie chart. Then there's a new section that the departments do it's called -- it has kind of a corny name. It's called budget dollars at work but it will be their highlights for their department for the past year. It probably will be related to the Strategic Plan. They will present that to you and expand on it when they actually do their physical presentations in front of you. Then we'll have some historical financial data that we'll provide that will be similar or the same that you're used to seeing. Then we have what we call maintenance of current operations, or the base budget, which last year was the first year we developed that. That will have several components. Of course, it will be the budget as it is right now. Then we will remove all one-time expenditures. We will remove all capital outlays. Then we'll add the inflation or we'll give you a recommended inflation rate that accounting will develop and Human Resources will provide a recommended cost of living increase. They'll probably also, during their presentation, she'll make a Mayor increase, but you won't see that. Obviously, you have to decide on that at a later date. We'll have non-standard adjustments, which will be those items for example if somebody has a Lease Contract and the lease is structured so that each year it increases. We'll put those kind items into effect. Because this was the first year we did the base budget if somebody really mis-estimated or some line item is really out of whack, then we'll go in at this time and adjust it. In the form that they need to turn in, we actually have a form for that that will document why we're making the change. You know we're changing to from so that we have a record of that that we can go back and look at. Then we also have a form if they want to re -allocate a line item, like a major re- allocation. Those are basically just so we can document that and keep track of it. Then we'll have a section on revenue projections. The departments will provide, there's a form for them to account for any anticipated revenue changes. In this area a goal that -- I don't know if we'll get it done this summer but I'm going to start working on it. We need to start doing a five-year revenue forecast. That's going to be a fairly big project because we'll need to get a lot of input from the various departments so we can tie all our growth into Building Permits and increase in water and sewer. We need to study the sales tax revenue we're going to get from the state. That should be one comprehensive big plan. Then we can update that every year. That should be-- ideally Meridian City Council Meeting March 26, 2002 Page 4 we should present that -- all these forms should go into a finished product that we have available for the public. That's why (inaudible) some of these additional graphs on City funding and pie charts and so forth to make it a more interactive public kind of document. That revenue forecast I think would be really helpful. You know do some graphing and talk about why we expect revenue to increase or decrease. Then the last section will be the capital project carry forward. That's something that accounting will do. We'll wait a little longer than we have historically, right to the end so we can maybe get a better estimate of how much is going to be left from the project. The other item that we need to work on is we need a Capital Improvement Plan for the whole City. We should have a five or six year capital projection. We should get each fund and we should have each year what we anticipate spending so that you can take that, move it around, look in the future, and have it done five years out in the future. That's something else I'll work on and at least get a rough draft of that and get it started. Those are the basic areas that the development manual covers. The calendar, I'm just going to go over the calendar briefly. We have given the manual out, in February with instructions and Reta has already emailed all the FY 2003 budget forms out. She has emailed out all the departments a list of their existing positions and so forth. Then we set a deadline of March that anybody that had a new position that they were developing had to have it into Pauline so that Pauline could go through the job description, make sure everything was there and she could develop a salary range for that position. For example, that new IS position has gone through Pauline and will go out -- she'll do a market survey and come back with a range. By the end of the month, by the 31St, she'll have those all back to the departments so that when they request those positions they're accurate. They're Projecting what they're going to need instead of making a guess. Then on April 30 h, we're asking the departments to give us their budget enhancements back. Those are all the new things that they're going to be asking for. In the form where we do the budget enhancements, we changed the form a little bit. We have four questions. The first question is what issues or challenges will be addressed by this enhancement, which should sound familiar because that will be right from the Strategic Plan. List the long-term program goals that will be addressed to this request. Three, what annual measurable objective are you addressing in this enhancement? Then four describe the method of financing the request. That should include if there's going to be fee income or grants or if we have to provide matching income et cetera. That should tie right into the Strategic Plan. Sometime during the month of April your department should be contacting each of their liaisons to kind of go over your priorities, talk about the enhancements, educate you, and take you on tours, generally do a good marketing job. We've talked about that in staff meetings. I think everybody really has a good understanding of how important that is that you really be on board and that you understand what they're asking for. Then starting in about mid May -- we'll probably actually start this sooner. We'll probably start this month. We will start meeting with each department individually to go over their base budget and help them go through those forms that are new if they need to make increases or decreases. We'll start our work of removing one-time items, removing capital et cetera, getting inflation numbers. The end of May the revenue projections are due from the treasurer and we also want the capital replacement items back to us from the department. That's kind of a separate process that they'll need to go through. We have already sent them Meridian City Council Meeting • March 26, 2002 Page 5 their current asset listing so they're suppose to be doing an inventory making sure that that list is accurate. Then when they make their requests, they should show what they're requesting and what they're replacing. That will be available to you in the budget book. May 30th HR will give us their recommended personnel increases and cost of living increases. We'll probably have her come in at that time and give you a short presentation on that too so you're on board. You have plenty of time to ask questions or if you need any additional information from her. Then June 30th will be the first draft to you. Then we have July where we need to decide what two days you want to choose to do the budget hearings and the budget setting. That's the date that you need to come up with. You'll probably want to talk about that and decide. Let me know what dates would be good. We should probably try to do it maybe around the second week. How that goes with vacation planning, but -- if you could get back to me maybe by the end of April on that one. Then the rest of the dates are just statutory dates you know, certifying the tax levy and publishing the appropriation et cetera. One other thing that we need to do, or that you need to do, is you need to come up with a process to incorporate reporting and renewing of the Strategic Plan each year because you want to probably coordinate that with the budget. In other words, you have to get the feedback on the performance measures, what was obtained, what updates are going to be made. You should have that -- it should coincide with the budget hearings. Ideally, that document should be able to be incorporated in the final budget document that you can release to the public. I know John Luthy had talked to about doing that. He mentioned something about having that committee because you really need somebody that's going to be responsible for getting departments to turn in their performance measures. I can tell you from experience it is not a very pleasant job. It's quite a bit of work to get the feedback back and to roll that up into a document, not as critical this year because we don't probably have anything to report on. It will be critical next year so we want to get that mechanism in place before we go into the 2004 budget -reporting period. Are there any questions on what I've said so far? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Stacy, I think the format that you have for your budget, again continues to improve every year. It's very comprehensive this year. I guess, on the Capital Improvement Plan, I know parks has finally got theirs accomplished. I think police and fire are not too far out. Are you? You are far out? Kilchenmann: He's close. (Inaudible discussion amongst Council Members) De Weerd: You guys are close because I believe we had that on our agenda for next month, on our workshop agenda. Is that achievable? (Inaudible discussion amongst Council Members) Meridian City Council Meeting March 26, 2002 Page 6 De Weerd: Good. The general fund will be one issue. Then we have the capital improvement with the enterprise fund. I don't know where we're at, if you've started working on -- I know you have plans but it's just developing it into one big one. Is that a doable chore? Watson: Council Member de Weerd, Mayor and Council. The plans we have are the ones that we have developed from previous plans done by consultants in past years. The Water System Master Plan will be final this summer, late this summer. It lists some capital improvement scenarios. We will be negotiating with the consultant to do the wastewater side soon but that will be a year process. The one thing -- the Wastewater Treatment Plant is not that hard to stage the projects out and time them with population projections. The water and sewer systems, it's really hard to slot those into a year because it depends on where the growth is. They're largely reactionary. Running a water line to Summer's Funeral Home for example wasn't expected. The Ten Mile Franklin Road area maybe or maybe not. I guess I'm just couching my comments. We can put together a plan very easily but to take that five years down the road and say we're not going to spend money on anything else is maybe a little bit erroneous. De Weerd: I think as we realize in all plans they should be updated annually so a lot of those things -- yes what you do there are things that are just not foreseen. With an annual look and examination I think all of our Capital Improvement Plans have to start rotating on that kind of a schedule anyway, once we get an overall one together. Also, I think -- one thing -- what I meant was, the Boise City Council President -- we kind of went through the Boise budget process. One thing they do -- not only do their departments prioritize their capital, or enhancement requests, but then they get together and it's probably something that should be done at the Mayor's staff meeting and they prioritize the City's list. I think that is ideal. Kilchenmann: In our process we are requiring that they prioritize but that concept of -- it's called a budget team or an executive team or a -- it's very common in municipal governments to have some kind of team. It might not necessarily include -- well it just depends on the size and the structure of the particular City. That they do meet with the Mayor and they prioritize between themselves. It's in a step toward the presentation of a Mayor's budget to the Council, more of the development of the budget and presentation to the Council. That is something that is considered a best budget practice and come up over and over again. De Weerd: Mr. Nary mentioned you're talking about two different things. I think we really are. Nary: Mr. Mayor may I? I think what you're talking about Stacy is an interim process that occurs throughout the entire year. There is a budget team that does that. I think what Council Member de Weerd is talking about is prior to the introduction of the budget every department head participates in the prioritizing of all the capital projects. Meridian City Council Meeting March 26, 2002 Page 7 Kilchenmann: The latter is what I am talking about. Where you have like — Nary: That's not a team. It's the entire -- it's every Department Head. Kilchenmann: Oh. (Inaudible) Nary: There's a separate budget team that does -- Kilchenmann: That develops the budget? Oh, I know what you're talking about. Nary: --does meet periodically to talk about changes in the budget. Again, (inaudible). Kilchenmann: Right. Nary: So, I think we're — Kilchenmann: I was referring to the one that does it at the end. Boise does have that kind of checkmate process. I'm referring to the one that does it at the end of the process that prioritizes. Nary: Right, in the summer. It's not a team of certain individuals. It's all the Department Heads. Kilchenmann: Right. Different cities, depending on their size, it may be a higher level than every department head then but it is a common practice. De Weerd: I would like to see if we could incorporate that. I also like your justification sheet on each enhancement. To build in the what if, if we don't get this, you know this could happen. I would prioritize this over maybe something that is an on going process that might have to take a back seat. You know, those kinds of things. It's kind of in there but if that can be built in a little bit stronger -- Kilchenmann: Sure. De Weerd: The what if scenarios. I think that would be another important angle to look at something at. One other thing I would like to see, as you look at the historical data in establishing your base budget and those kind of things -- I know this last year was difficult to measure to by. There's going to be some adjustments going on this year. At some point, I would like to see if your office can start looking at a process or a program on recognizing departments that are fiscally conservative and how they would benefit from those kind of savings in the sense of there are some cities -- I don't know if our neighboring cities do this at all. There are some cities that if a department has a certain amount of savings they get a certain percentage of that that they can use towards a capital project or you know a project of their choosing. I think that is an incentive to be fiscally aware of how you're spending and maybe heighten their awareness of spending habits. Meridian City Council Meeting March 26, 2002 Page 8 Kilchenmann: That's another best budget practice that's pretty common in municipal governments. What I can do is I can put together some examples of models that are used from actual cities and how they work. I mean, those programs I think are good and most cities report good response but they have to be very carefully managed to make sure that the department is not skimping on things that they really need to be done. It is a common practice. I'll put together some examples for you and present that to you. De Weerd: Okay. Thank you. I really appreciate -- when I read through your book that it was very comprehensive and looks like the departments will know a lot more about what we're looking for before they step out in front of us. That certainly is the preferred way to do it. Kilchenmann: Yes. There are a lot of changes that we need to make. I mean, I think this is just the beginning. There are a lot more steps and things that we need to include. 2. Finance Report: Kilchenmann: The last thing on the financial statements, skipping here totally to a new subject. There's really not anything notable except in the enterprise fund statements, which are on Page 3 and 4 for wastewater and water. I know they're really tiny. I didn't have Reta here to help me do this. I had to do it all by myself. We made a major structural change in the way we're reporting water and wastewater. I think it's a movement towards the requirements of Gasby 34. What we've done is tried to separate the money we get that's by ordinance or statute that's to be used for the operation and maintenance of the plant or the service from and keep it and it's revenue source, show those separately. Show the money that is just for construction and the cost of that construction separately. You'll see on your statement now it says water operations and maintenance. Then it will have a financial statement. Then there's another category, water construction and they have a financial statement. In the water operations, we have the utility billings and some interest earnings. In water construction, we have like the latecomer's revenue and the assessment fee revenue. We need to take that a step further and start showing you the fund balance so you can look at the balance available for construction. You can see how it changes, decreases, increases et cetera. We need to add that on there too. We have allocated the cost of MUBS and Public Works Administration between these two departments. They're half in water and half in the sewer plant. They still have their own individual statements but we make an allocation because Brad has to do that anyway to calculate the fees. We decided to do it on the statements themselves. I think it's more representative of those two operations. It gives us a little better feel of a little better cost accounting so those two statements are different. Does anybody have any questions on that? I think it's an evolutionary process because we haven't done a lot of this kind of accounting or reporting before. It will probably keep changing. If anyone has any suggestions, be sure to please let me know. I've used the two minutes up that the police allocated to me for my presentation. Meridian City Council Meeting March 26, 2002 Page 9 Corrie: Thank you, Chief. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: For budget hearing dates, maybe we can all bring o workshop and we can set a date at the workshop? The Strategic kind of a policy we want as far as that. Stacy brought that up. The of us a draft of the whole plan. Please take a minute — (Inaudible discussion amongst Council Members) ur calendars to the Plan update, what Mayor has given all De Weerd: Please take some time to really take a look at that. They do want to get it out so we can officially act on it. I thought it was appropriate that Council read it. We haven't really seen what the departments have written. We want to make sure that they're -- I know John Luthy had mentioned that each department's work was sacred but if it's something that's way out there that Council would never even think to fund at any point, those kind of discussions probably would be needed. I saw it in all the police stuff so you know we really need to take a close look at that. (Inaudible discussion amongst Council Members) De Weerd: All kidding aside, I just think -- I know several staff has kind of mentioned that some concerns that they want to make sure that we're on board with them if not all the way at least got a foot up there. Kilchenmann: One more thing I have to add. I would strongly suggest that the budget people not be responsible for getting their performance measures done because they kind of coincide in timing and they're both bog jobs. De Weerd: I thought that was in your job description. Bird: Yes. Kilchenmann: It's not. (Inaudible discussion amongst Council Members) Corrie: Comment noted. Okay, anything further? Any questions or comments? Bird: I have none. Corrie: I think that when the Department Heads are standing before us it's also known as the firing line just as a happy time. Okay. Thank you Stacy. Meridian City Council Meeting March 26, 2002 Page 10 B. Public Works Department — Gary Smith: 1. White Drain Sewer Trunk Permanent and Temporary Construction Easement — John Kennedy: Corrie: Public Works, Gary Smith. Brad. Watson: Thank you Mr. Mayor and Council Members. The first item on here was originally discussed February 5th. It was continued or tabled until March 19th and I wasn't prepared last week so it's back up. At that time, we had a proposed revision to a Sewer Easement for the White Drain Sewer Trunk Project for Mr. Kennedy's property. I have subsequently met with Mr. Kennedy, I think three times since February 5th, the third of which was earlier this afternoon. The issue was a revision to the easement in which compensation was requested whereas the original easement was donated. I think Mr. Kennedy and I have come to an agreement on this that doesn't involve any direct compensation. We've discussed some alternate alignments that are shown on the screen up above. We need to prepare some revised easements and submit those to him for his signature. Again, this was just a conversation we had this afternoon. Mr. Kennedy is here tonight if he wants to confirm my understanding. I think that would be good. Then we will proceed to get this easement wrapped up and back to you for your approval. We're actually looking at several different proposals now. The third of which is, or could be necessitated by the approval of Baldwin Park to the north of this property and the location of this stub street. With that I would welcome any questions or if you want to hear from Mr. Kennedy -- Corrie: Mr. Kennedy, would you like to make a comment on what your discussions were? Kennedy: Once again I would like the Council to know that I'm terribly hard of hearing. I went over this with Brad this afternoon and he explained to me what the proposal is. I have no objection to the change that he shows here and what the proposal that's there. It will vacate one piece of land and take another piece for the right-of-way through there. It doesn't appear to be anything that will cause a hardship on my part so I am in agreement with what he had shown here. Corrie: Okay. Thank you Mr. Kennedy. Okay Brad. Watson: Thank you. We'll go ahead and get that wrapped up and back to you. Corrie: Okay. 2. White Drain Sewer Trunk — Award of Construction Contract: Watson: The second item is the White Drain Sewer Trunk award of contract. I had written this memo Thursday with the hopes that we could get this evaluated by the City attorney by the end of the week. I was unaware that he was going to be on vacation Meridian City Council Meeting • March 26, 2002 Page 11 this week. He stopped by my office Friday afternoon to review some additional information that had been requested from Thueson Construction, it was a very cursory review, and he had to run. He has recommended that this be tabled until next Tuesday night. With that, I would answer any questions you might have. Corrie: Council, any objections to that? Bird: No, I have none. Corrie: Okay, that will be fine Brad. 3. Latecomers Agreement Request from Jackson's Food Stores: Watson: Thank you. The third item — (Inaudible discussion amongst Council Members) Watson: The third item is a request for a Latecomer's Agreement from Jackson's Food Store. There should be a copy of a memo in your packets by Bruce Freckleton from last week. Okay. This particular -- this is a request for the reimbursement of the water line in Eagle Road and Magic View Drive that was constructed in 95, possibly into the Spring of 96. The applicant is requesting reimbursement of a percentage, a latecomer's percentage of nearly 42,000 dollars. As Bruce states in here, anything that would be in the eligible latecomer area has already built and as he said the opportunity for collecting, any of these latecomer's fees with the Building Permit has long since passed. There's probably something more to this, what precipitated this request just now coming in. That pipe has been in the ground for many years prior to this request. I guess Bruce doesn't actually have a recommendation on here. Nor do I but I guess I'll entertain any discussion you might have on this. If there are any questions, I'll try to answer them. Bird: Mr. Mayor. Corrie: Yes Mr. Bird. Bird: When this was brought out was there discussion with Jackson's regarding a latecomer's fee? If there was at that time, it should have been drawn up. We have no way of recouping, as Bruce's letter states. I don't see how we could enter into a Latecomer's Agreement at this point. It's just another one of those latecomer things that gets everybody fouled up. I don't see how we could enter into one when everything is all, the Building Permits and everything has been taken care of. I certainly don't believe that it's up to us to pay for it. If we can't get it out of the Building Permits then there's not doing it once we get the fees and stuff in then it will be our responsibility. Until we get them on board, we're not going to be able to so, I would say not to it. Corrie: Brad? Meridian City Council Meeting March 26, 2002 Page 12 Watson: Councilman Bird, Mayor, and Council Members. All I know is what Bruce has briefed me on and that there was never ever a request for a Latecomer's Agreement until this year after that pipe had been in the ground for five to six years. Bird: Yes. Watson: There's a letter in here, which probably should have came along with your packets. Maybe it did. Bird: From who? Watson: From Pinnacle Engineering. Bird: No. (Inaudible discussion amongst Council Members) Watson: It says we are requesting on behalf of Jackson's Food Store and it's dated -- Hubble I'm sorry — dated February 25, 2002. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Brad, I just don't see any way that we can enter into a Latecomer's Agreement at this point. There's no way of collecting it. Why would he have a latecomer's? If the City wants to go pay 41,000 1 guess you can pay 41,000 but you don't have no way of collecting it from anybody else. I don't think we enter into it. Watson: I would agree that the existing Building Permits out there would never have been aware that this fee was contemplated. Bird: No. Watson: I guess or in existence at the time, they pulled their Building Permit. Corrie: You certainly don't want to go back now. Bird: You can't go back and collect, can you? Nary: I don't think so. Bird: I think it's nil and void. Meridian City Council Meeting • • March 26, 2002 Page 13 Corrie: Any other comments from the Council? Same feelings here? Just for the record, I would entertain a motion for the denial of the request. Bird: So moved. Corrie: Okay. Is there a second? McCandless: Second. Corrie: Motion been made and second to deny the request from Jackson's Food Stores for a Latecomer's Agreement. Any further discussion? Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I don't think the outcome is going to be any different but do we need to at least give Jackson's the ability to come and discuss it. I mean, or Hubble Engineering if they think there's some grounds. I don't know that it's going to be different but I don't know that it's very fair based on their letter to simply deny it if they want to have some opportunity -- I don't know what their letter says. Does it say they want to come and talk to us? (Inaudible discussion amongst Council Members) Nary: I mean, I agree with Mr. Bird. I don't know that we can but if they somehow think that they can, and think there's some reason they want to come and talk to us I don't certainly have a problem with that. Corrie: My understanding this is Pinnacle Engineering that asked for it, not Jackson's. Nary: Right. Bird: Well, they're representing them. Corrie: I know they are but -- Watson: It was Hubble Engineering. Corrie: Hubble, I'm sorry. Watson: David Bailey. It just says we are requesting that the City of Meridian enter into a Water Latecomer's Agreement in accordance with section 9-1-13. The details of this request are as follows. We believe this meets the letter and intent of the code. In the end it just says please, contact me if you have questions or need additional information, Meridian City Council Meeting March 26, 2002 Page 14 period. There's not a request for an audience but we can certainly invite them if you're - Nary: Well, I guess my thought is, if we're going to deny it, then I guess we need to communicate that back to them. If they felt some compelling need to come and talk to us again, I guess they could. Watson: Okay. Nary: I guess that's fine as long as they -- I guess there's no time limit. You can ask seven years later, you can ask for it so (inaudible). (Inaudible discussion amongst Council Members) Bird: Yes. Watson: Okay. (Inaudible discussion amongst Council Members) Corrie: Any further discussion? Okay. All in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Give that information, if they want to come back, they certainly can (inaudible). Watson: Okay. Thank you Mr. Mayor. 4. White Drain Sewer Trunk — Crossing and Easement Agreement with Settlers Irrigation District: Watson: The fourth and final item that I have is a Crossing and Easement Agreement with Settler's Irrigation District for the White Drain Sewer Trunk. Hopefully that got into your packets. This was coordinated through our consultant, Keller and Associates. There's one thing that is a bit troubling within that agreement. It's on Page 3, the third full paragraph down under section three. Talking about the construction must be between November 1St and March 15th. Our consultant contacted their attorney, Scott Campbell and he said well that's what all our agreements have to say, but the Superintendent of the district can amend that if he so chooses. I talked to them, to our consultant late this afternoon and that's what he told me. He hadn't received anything from Settler's. I don't have -- there's no urgency on this so if you have a — Corrie: Mr. Bird. Bird: Brad, I'm sure you feel the same way. I would want Mr. Nichols to look this over. I can't see signing any agreement that had -- you know when they can state that in Meridian City Council Meeting 4 March 26, 2002 Page 15 there, that is a court -upheld deal regardless. I mean some Superintendent might tell you different but if it gets right down to the nifty -gritty, this is what tells you. I'm not for signing anything that has specific dates unless Mr. Nichols looks at it and says okay. (Inaudible discussion amongst Council Members) Corrie: Okay. (Inaudible discussion amongst Council Members) Corrie: Yes. (Inaudible discussion amongst Council Members) Bird: Just bring it back. Corrie: You can bring it back to us. Bird: Have Mr. Nichols look that over. Watson: We're setting a date or anything though when I have it worked out? De Weerd: Yes. Bird: Yes. Watson: Okay, thank you. Corrie: Thank you Brad. I'll just put it back on the agenda C. Fire Department — Chief Bowers: 1. Fire Truck Bids / Awards: Corrie: Fire Department. Mr. Bowers, excuse me Chief Bowers. Bowers: Good evening Mayor Corrie and City Council Members. A while back, we advertised for a new fire engine. Four manufacturers came and picked up specs from us with only one returning the bid. The bid from Pierce Manufacturing was 311,871 dollars. In our budget line item for that truck, we had only put in there 300,000 for the budget line item. Going through the bid, by eliminating some extra equipment that we had ordered for it and paying for the chassis when it's complete, we were able to drop the price down to 300,747. By talking -- we had talked this over with the Rural Commissioners on a Monday night meeting. I put together this letter, sent it to Will Berg to get it on City Council agenda, and sent it to Rich Green the Chairman. He called me Meridian City Council Meeting March 26, 2002 Page 16 and wanted to meet with me Monday stating that he did not think we should pay for the chassis when it was complete. We should wait until the truck is completely done before we pay anything. At that point, I told him that we would lose the 4,464 dollars on that. At that time he stated that possibly would be able to work something out with the company but he didn't think we needed to pay for the truck at all, the chassis at all. That way it would give us a little bit of leverage of getting the truck built. We had purchased many trucks from Pierce Manufacturing. Also, all the departments around us have purchased Pierce in the past, in the past years. I have never heard of a problem with Pierce not coming through on their contract or not building the truck that we wanted them to build — *** End Of Side One *** Bowers: -- in the future if there was any problems. I'm not quite sure what we would be gaining if we don't pay for the chassis and taking the 4,464 dollar deduction. I came to you City Council people to get an idea which way you guys would head, act or have me go to the Rural Commissioners and talk to them. I figured that if we were over 300,000 1 didn't think 747 was too far to be over 300,000 because we do have some money still in our fire truck fund. My question is what would the City Council like for me to do with this? Bird: Mr. Mayor. Corrie: Okay, Mr. Bird. Bird: Chief, I think that the last truck we bought, we paid up front at the chassis -- Bowers: Yes we did. Bird: -- and we had no problems with it. I don't understand why we don't want to save the money myself. This is a very well known firm that has built quite a few trucks for us. I believe, and we just discuss in here that we could probably offer them 299 five with the five-year warranty on the transmission and they would probably accept our purchase order. Bowers: Yes I would like to keep that five-year warranty if we could Mr. Bird. Bird: I think we need to. Bowers: Each truck comes with a two-year warranty but if you ever have any problems with a transmission, you're going to spend that in just a drop in the bucket to get it there. Bird: Then I think that either you or the Mayor need to call and say hey we'll send you a purchase order for 299 five with a five year warranty and we'll pay at the completion of the chassis and go from that. Meridian City Council Meeting March 26, 2002 Page 17 Bowers: Sure. Bird: I think they would buy it. Corrie: I do too. Kenny you have not talked with the other two commissioners yet? Bowers: Mayor Corrie and City Council Members I have not at this time. All I heard from was Chairman Green. Corrie: Okay. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Kenny, in looking at the letter here from Pierce I didn't notice that set off for the warranty but I would agree with you that I think it does make sense to have the five year warranty. Which of these other things that were included of these deductions did we want to accept to get the price down? It looked like one of them was the payment of the chassis up front. If we're going to pay for the entire truck up front, I assume that's the whole thing. That includes that 4,400 savings but there's another about 2,000 that's saved if you pay it up front. Pay it when it's picked up would be paying it up front anyway. 1750 drive out. Which one of those -- did all of those deductions -- they were at 297758. Bowers: In the past Mr. Nary we have had the company drive the truck out here. We would do the final test pumping of it and would not accept the truck until we have pump tested it here in the past deal. Then we were paying for the rest of the truck so the 1750 would still be in there because they would drive it out here. Nary: Okay. Bowers: You would probably want to keep the 745 -performance bond on that. The 2,000 dollars would be if we paid the truck completely off as we went back and picked it up. Speaking with Bill Nichols, he said it would be better probably if we would have them drive it back here. That way if anything happened from there to here it was still their truck. If it got involved with a wreck or caused a problem somewhere along, it would still be their truck and not ours. Nary: But if we're talking about pre -paying, if we're talking about pre -paying up to the chassis price and then the remaining afterwards? Okay so we'll be getting the benefit of the 4,400 -dollar savings — Bowers: Yes. Nary: -- not the 5,100 -dollar savings in addition? Meridian City Council Meeting • March 26, 2002 Page 18 Bowers: Correct. Nary: So that would be the only one off of the base price we're talking about. Bowers: And what we did we took out some equipment Bill. We took out some equipment some — a task force tip nozzle and different things that come with the truck we will purchase that at a later date. Nary: Okay, thank you. Corrie: Kenny and I also talked that if rural does not want to pay the money we'll just take all the fees and they'll still charge him the regular fee for not paying them. We can't get that kind of return on our money by not paying. Bird: Well we're ridiculous. Our interest would not — on 144,000 wouldn't even come close to that 4,000 -dollar savings. If it wasn't for getting it out here and testing it and stuff, we would (inaudible) ahead. The way the interest rates right now are to pay up front, offer them 285,000, and pay it up front. That isn't smart on our part because we might have a truck that gets wrecked on the way out or something like that but it's ours at that point. Not to pay that chassis, when it's done and say the 4,400 that's not being very prudent. De Weerd: Mr. Mayor. Corrie: Ms. de Weerd. De Weerd: Kenny and I talked about this. He did only talk to one Rural Commissioner. I feel that if the rural Commission feels strongly about it the Rural Commission can pay for that portion of it. It's been the practice of the city to pre -pay and capture these savings. It's like Council Member Bird said it's only prudent that we continue to do so. We've never had a reason not to do that so I don't see any good reason to deviate from how we normally operate. I think we do need to allow that to be a door up to the rural. If they feel very strongly about that that the rural could absorb that cost and we can bring it back. I think that this Council will stay with the process that we've used in the past. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Actually with our percentage, the city is saying a percentage of this truck fund or purchase would cover that pre -pay on the — or the chassis pay. We would be okay on that. I just think that we need to just offer a PO for that and pre pay it. I think they'll buy it. Meridian City Council Meeting March 26, 2002 Page 19 Corrie: I think they will too. Any discussion? It seems like the Council's all agreed on it. I will entertain a motion then on — De Weerd: Mr. Mayor. Corrie: Ms. de Weerd. De Weerd: I move that we approve the purchase of the new fire engine with Pierce Manufacturing, Inc. in the total of 299,500 dollars with a five year warranty on the transmission. Ask that the Mayor or the Chief to contact Pierce to see that this would be acceptable terms to them, to go ahead and purchase the truck and have the Mayor sign and Clerk attest. Bird: One second. That includes pre -pay the chassis. De Weerd: And to pre -pay the chassis. Bird: I will second that. Corrie: Motion been made. Any further discussion on it? Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Do we need to have some contingency or I guess is the Chief going to bring it back if they won't accept that 299,500 with the five years? Bird: Yes. De Weerd: Yes if that's not acceptable. Bird: Then he and the Mayor can arm wrestle. De Weerd: Are you good at that? Corrie: I thought I was but I haven't had a chance yet. Any further discussion? Roll Call vote Mr. Clerk. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. MOTION CARRIED: ALL AYES Corrie: Kenny we'll get together and we'll make a phone call. Bowers: Thank you Mayor and Council. I have one other quick item. Meridian City Council Meeting • March 26, 2002 Page 20 Corrie: Yes go ahead. Bowers: Real quick. This Friday -- you saw a flyer in your box -- we are having a graduation for our three new fireman. I hope all three of them passed their test this week. We will have graduation at 1:00 here. Right here. Thank you for all the participation you guys did Friday on our loss of one of our family members. I appreciate it. Corrie: Thank you. De Weerd: Mr. Mayor. Corrie: Ms. de Weerd. De Weerd: I know I shared this with Kenny but it's truly impressive that the culture in the Fire Station and the way they really step up and help each other out. Friday was very impressive what they did for a fellow fire fighter and his family. I just really would like to commend your department for how you approach that. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Let me add one other thing for it being a very close friend of the Gould family. It's not so much Friday what they did but I don't know if people realize that all those fire fighters donate their time to cover Mike's shifts for him so that he would be paid while the baby was in the hospital and stuff. I think that is true and even afterwards. I think that is just great. Some of the things in the foyers I've seen in within the city I know that this goes on throughout the city for all departments. It's just nice to say that our city people are like that. I certainly appreciate it. Corrie: Very good. Thank you Kenny. Item 6. Public Hearing: MI 01-001 Request for a Street Name Change from East First Street to Main Street from Cherry Lane / Fairview Avenue south to East Central Drive or Overland Road: Corrie: Item Number 6 this is a Public Hearing request for a Street Name Change from East First Street to Main Street from Cherry Lane and Fairview Avenue south to East Central Drive or Overland Road. At this time, I will open the Public Hearing and have staff comments first. Any comments? Chief? Is there anyone from the audience who would like to issue testimony? With that being said I would — have the Council any discussion on public record on the hearing? Bird: I have none. Meridian City Council Meeting • March 26, 2002 Page 21 Corrie: Okay hearing none — De Weerd: Mr. Mayor I guess I would just like to note in the P&Z recommendation they talk about the double signs. We did reconfirm that with ACHD that that was doable and so it doesn't seem like there's any obstacle as far as that. They have recommended that it runs through to Corporate Drive and I feel very comfortable with that recommendation. That's a good starting point for the Meridian Kuna Road or Highway 69. 1 appreciate the work that they did and feel they have a very good recommendation. Do we have a Public Hearing on this? Corrie: We just now did and there's nobody — Bird: We have to close it. De Weerd: I move we close the Public Hearing. Bird: I second it. Corrie: Motion made and second to close the Public Hearing. All those in favor of the motion say aye. All ayes motion carried. MOTION CARRIED: ALL AYES Corrie: Okay (inaudible) recommendation of Planning and Zoning. De Weerd: Mr. Mayor. Corrie: Ms. de Weerd. De Weerd: I move we approve the request for name change from East First to Main Street from Cherry Lane / Fairview Avenue south to East Central Drive. To approve the recommendation by the Planning and Zoning Commission as it stands. Bird: I second that. Corrie: Motion been made and seconded. Is there any further discussion? Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: And I don't have any disagreement with the Planning and Zoning Commission's recommendation. I thought it was excellently done this time. De Weerd: Were you on it? Meridian City Council Meeting • March 26, 2002 Page 22 Nary: Yes. I was going to make note that Mr. Nichols did remind us back in February that as part of this we do need to designate if it would be Main Street North or North Main and South Main. It's just something we need to decide it doesn't matter to me. Just to make a motion it probably needs to include that. Bird: You're right. De Weerd: I think it should just be North Main. Nary: I believe all the other streets in the city are north or south. Bird: There's some — yes. Nary: So it would be awkward if it were the only street that had the direction on the end of the name in first instead of the front. Corrie: Good point. Bird: Yes. Corrie: There's northwest Eighth and North eighth. Bird: Yes but that all starts at Cherry Lane. Then you have south that starts at Overland. Nary: I think the (inaudible) the mid point was Franklin. Corrie: The mid point was Franklin (inaudible). North and south is from Franklin. De Weerd: Just North Main. Nary: So North Main. De Weerd: The maker of the motion will say North Main. Corrie: Any other discussion? De Weerd: Does second agree. Bird: Yes I agree. I'm trying to turn my computer off. Corrie: All right any further discussion? Hearing none, roll call vote Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. Meridian City Council Meeting March 26, 2002 Page 23 MOTION CARRIED: ALL AYES Corrie: Since that is the end of the agenda I would remind everyone that — does everybody know that Gary's mother had passed away. Bird: Yes, Gary. Corrie: We have a meeting at 5:30 Tuesday at the Police Station and then we have a 6:15 Executive Meeting before the 6:30 meeting Tuesday. McCandless: Mr. Mayor. Corrie: Mrs. McCandless I'm sorry. McCandless: We're to meet over at the new station right? Corrie: Yes the new station right. (Inaudible discussion amongst Council members) Bird: Is the Chief serving hotdogs, hamburgers, or what? McCandless: Yes. Bird: Are you barbecuing hamburgers that night? Worley: I would but your schedules kind of short you have to be back by 6:15. Bird: It don't take me long to eat though. Worley: I see. (Inaudible discussion amongst Council members) Corrie: Any — yes Mr. Berg. Berg: Thank you Mr. Mayor I'm sorry. Just to point out that we do have a meeting with ACHD at noon on Monday so don't forget that. Hopefully we'll be going paperless next Tuesday so the staff I'm sure will get all their comments in by Thursday. McCandless: Mr. Mayor. Corrie: Ms. McCandless. McCandless: Just for information I will not be here on Monday. I'll be out of town. Meridian City Council Meeting March 26, 2002 Page 24 Corrie: Okay anything else? Hearing none I'll entertain a motion to adjourn. De Weerd: (Inaudible). McCandless: Second. Corrie: Motion made and second to adjourn all those in favor say aye. MOTION CARRIED: ALL AYES Corrie: At 7:35. MEETING ADJOURNED AT 7:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: OB RT D. CORRIE, MAYOR DATE ED: / ._ A L.�e, , (�, WILLIAM G. BERG, JR., CI CL RK 0 March 22, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT March 26, 2002 ITEM NO. REQUEST Ashford Greens No. 6 Storm Water Drainage Easement 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 public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: Mayor and City Council From: Brad Watson, P.E. /A/) CC: File, Gary Smith, PE, City Clerk �� RECEIVED e�1� '; 2 12L02 CITY OF MERIDIAN CITY CLERK OFFICE Date: 3/22/2002 Re: Proposed Agenda Items for Council Meeting March 26, 2002 The Public Works Department respectfully requests that the following items be placed on the March 26 City Council agenda for Council's consideration. We request the following item be placed on the Consent Agenda: 1) Ashford Greens No. 6 Storm Water Drainage Easement. This easement agreement is for storm water drainage facilities on City property (Cherry Lane Golf Course). It is a three party agreement between the City of Meridian, Brighton Corporation and Ada County Highway District that addresses light and heavy maintenance of the storm water facility. A similar agreement has been executed for Ashford Greens phases 3 and 5. A copy of the agreement is included for your review. Recommended Council Action: Approval We request the following items be placed on the Public Works Department Reports portion of the agenda: 1) White Drain Trunk Sewer Permanent and Temporary Construction Easement — John Kennedy. Since this issue was last discussed at the February 5 Council meeting, we have met with Keller Associates and Mr. Kennedy several times (separately). We ask for discussion with Council of this issue. 2) White Drain Sewer Trunk — Award of Contract. Bids were From the desk of.. received February 27 for the construction of the White Drain Sewer Trunk. The eight bids were: Brad Wabm%P.E. City Faigi — Mendian Public Works I)Ta<trnent Thueson Construction (Nampa) $994,060.10 660E watertowerLam SWW200 Sommer Construction (Nampa) $1,139,275.50 Meridian, Idaho 83642 (208) 898-5500 Fac (208) 887-1297 watsonb®ci.meridiaaid.us 0 Page 1 0 Owyhee Construction (Boise) $1,161,000.00 Brown Construction (Nampa) $1,258,476.50 MASCO (Boise) $1,304,824.90 T.A. Dibble Excavation (Boise) $2,129,858.20 (arithmetic error caused extremely high bid) Bodiford Construction Boise) $1,530,478.10 S-2 Construction (Oregon City) $1,544,980.00 Engineer's Estimate $1,497,949.00 Sommer Construction submitted a formal protest of Thueson Construction's bid for several reasons including lack of corporate seal on bid, absence of notary statement/seal on bid bond and experience/qualifications. We have contacted references, met with Thueson Construction and met with Bill Nichols twice so far on this matter. Thueson Construction has provided additional documentation as requested and we intend to go over that material with Mr. Nichols Monday or Tuesday in order to provide a recommendation to City Council at the March 26 meeting. Recommended Council Action: 3) Latecomers Agreement Request From Jackson's Food Stores. See memo dated March 18, 2002 from Bruce Frackleton regarding this matter. 4) White Drain Sewer Trunk — Crossina and Easement Agreement Settlers Irrigation District Enclosed is a proposed agreement between the City and Settlers Irrigation District for construction within and crossing of their facilities as part of the White Drain Sewer Trunk project. It is similar in nature to the license agreements we have executed with Nampa & Meridian Irrigation District in the past. The only problem I see with the agreement is contained in Paragraph 3 on Page 3 regarding the construction period. Keller Associates contacted Settlers Irrigation District's attorney about this and was told that this part could be amended. A copy of the proposed agreement is enclosed. Recommended Council Action: Approve Crossing and Easement Agreement with Settlers Irrigation District, contingent upon clause limiting period of construction being removed or amended, and authorize the Mayor to sign and the City Clerk to attest. Thank you. Please contact me if you have any questions regarding any of these items. 0 Page 2 Ashford Greens Sub. No. 6 T.3N, R.1 W. Section 3 • 0 _z-/a4,,vj s. A STORM WATER DRAINAGE EASEMENT (Space reserved for Recorder's use) This Storm Water Drainage Easement (the "Easement") is made as of the day of 2002, by and among the CITY OF MERIDIAN, a Municipal Corporation (hereinafter "Grantor"), BRIGHTON CORPORATION, an Idaho Corporation (hereinafter "Developer") and ADA COUNTY HIGHWAY DISTRICT, a body corporate and politic of the State of Idaho (hereinafter "ACHD"); WITNESSETH: For good and sufficient consideration it is agreed: Section 1. Recitals. 1.1 Grantor owns the parcel of real property located in Ada County, Idaho, more particularly described and depicted on Exhibit "A" attached hereto (the "Servient Estate"). 1.2 Developer is developing a subdivision in Ada County, known as the Ashford Greens Subdivision No. 6, and the preliminary plat of such subdivision has been approved by ACHD. When the final plat is approved by ACHD and recorded by developer, a public right-of-way for streets and related improvements, including drainage easements will be dedicated to ACHD. When the streets and related improvements are constructed by the Grantor in the right-of-way, and ACHD has accepted the same, they will become a part of the ACHD system of highways. 1.3 The storm water drainage system related to the platted streets to be dedicated to ACHD when the plat referred to in Section 1.2 is recorded will extend beyond the plat and on, over and across the Servient Estate, and on the terms and conditions hereinafter set forth the Grantor desires to grant to ACHD, and ACHD desires to accept, an easement for storm water drainage on, over, under and across the Servient Estate, and for the repair, maintenance, reconstruction and enhancement thereof Section 2. Grant of Easement; Exclusive Easement. 2.1 For the period and on the terms and conditions hereinafter set forth, Grantor hereby grants to ACHD an easement and right-of-way for storm water drainage from the ACHD system of highways on, under, over and across the Servient Estate, and for the repair, maintenance, reconstruction and enhancement of the same (hereinafter "Authorized Use"). STORM WATER DRAINAGE EASEMENT — Page 1 (rev. 03/07/02) 2.2 The easement herein granted is exclusive to ACRD, and no structures, fences or other improvements are to be constructed, or landscaping planted, on the Servient Estate by ACRD, Grantor or Grantor's Successors or assigns to the underlying title thereto without the prior written consent of both ACHD and Grantor. Such consent will not be given if, in its sole discretion, ACHD determines the proposed improvement and/or landscaping may interfere with ACHD's Authorized Use of the Servient Estate. When such consent is given, if any structures, fences, landscaping or other improvements constructed or planted on the Servient Estate must be removed in order for ACHD to perform its obligations to repair and maintain the Storm Water Drainage System, the costs of removal and replacement or restoration of the same shall be the obligation of the Grantor. Section 3. Construction: Acceptance: Repair and Maintenance: Developer Indemnification; Contractor Warranties, 3.1 At Developer's sole cost and expense, Developer shall construct and install the storm water drainage system on the Servient Estate in accordance with designs, plans and specifications approved by ACHD in advance, in writing. During construction, Developer shall give ACHD reasonable notice and opportunity to inspect the same. 3.2 When, by written notice given to Grantor and Developer, ACHD has accepted the storm water drainage system as constructed and installed by Developer, the homeowners association will have some maintenance responsibilities to be performed at its sole cost and expense, and ACHD will have heavy maintenance and repair responsibilities of the system thereafter, at its sole cost and expense. The respective responsibilities shall be carried out in accordance with the terms and conditions of "Manual for Light Maintenance and Heavy Maintenance of Stormwater Infiltration Ponds at Ashford Greens Subdivision No. 6", a true and correct copy of which is attached hereto marked Exhibit "B," and by this reference incorporated herein. 3.3 Developer shall enforce for the benefit of ACHD any warranties contained in the contract for the construction and installation of the storm water drainage system. 3.4 Developer shall indemnify and save and hold harmless Grantor and ACHD, its Commissioners and employees, from and against all claims, actions or judgments for damages, injury or death caused by or arising out of the failure or neglect of Developer to properly construct and install the storm water drainage system. Section 4. ACHD Indemnification. Following its acceptance of the storm water drainage system under Section 3.2, subject to the provisions of, and limits of liability set forth in, the Idaho Tort Claims Act, ACHD shall indemnify and hold harmless Grantor from and against all claims, actions or judgments for damages, injury or death caused by or arising out of its failure or neglect to maintain and repair the storm water drainage system. STORM WATER DRAINAGE EASEMENT — Page 2 (rev. 03/07/02) • 9 Section 5. Term. The term of this Easement is perpetual. Section 6. Covenants Run with the Land. Throughout the term of this Easement, it shall be a burden upon the Servient Estate and shall be appurtenant to and for the benefit of the ACHD system of highways, and shall run with the land. Section 7. Attorneys' Fees and Costs. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. Section 8. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated as if set forth in full herein. Section 9. Successors and Assigns. This Easement and the covenants and agreements made herein shall inure to the benefit of, and be binding upon, ACRD, Developer, and Grantor, and Grantor's successors and assigns to the Servient Estate. Section 10. Modification. This Easement may not be amended in whole or in part except by written instrument, duly executed and acknowledged by the parties hereto, and recorded. Section 11. Notices. All notices given pursuant to this Easement shall be in writing and shall be given by personal delivery. by United States Mail Certified, Return Receipt Requested, or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, addressed to the appropriate party at the address set forth below. Grantor: The City of Meridian City Hall 33 E. Idaho Avenue Meridian, Idaho 83642 Developer: Brighton Corporation 12426 W. Explorer, Suite 220 Boise, Idaho 83713 STORM WATER DRAINAGE EASEMENT - Page 3 (rev. 03/07/02) • 0 ACHD: Ada County Highway District 318 East 37th Street Boise, Idaho 83714-6499 Section 12. Recordation. This Easement shall be recorded in the Real Property Records of Ada County, Idaho. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. STORM WATER DRAINAGE EASEMENT — Page 4 (rev. 03/07/02) • GRANTOR: CITY OF MERIDIAN Robert Corrie, Mayor Attest: William G. Berg, Jr., City Clerk Approved by City Council on: DEVELOPER: BRIGHTON CORPORATION By: David W. Turnbull, President 0 ACRD: ADA COU TY%HIGHWAY DISTRICT By: William J. Sc, eitzer, Director/ STORM WATER DRAINAGE EASEMENT — Page 5 (rev. 03107/02) STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of 2002, before me, , a notary public in and for the State of Idaho, personally appeared, Robert D. Corrie, known or identified to me to be the Mayor, and William G. Berg, known or identified to me to be the City Clerk of the Corporation that executed this instrument or the persons who executed the instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day, month and year in this certificate first above written. STATE OF IDAHO ss. COUNTY OF ADA Notary Public for Idaho Residing at: My commission expires: On this day of 2002, before me, e� e /- s , a notary public in and for the State of Idaho, personally appeared, David W. Turnbull, known or identified to me to be the President, of the Corporation that executed this instrument or the person who executed the instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day, month and year in this certificate first above written. N aryblMfIdaho - Residing at: `1 G My commission expires.- STORM xpires: STORM WATER DRAINAGE EASEMENT — Page 6 (rev. 03/07/02) 0 STATE OF IDAHO ) ss. COUNTY OF ADA ) 0 Onis t �� day of (,� , 2002, before me, S t , a notary public in and for the State of Idaho, personally appeared, William J. ScHNeitzer, known or identified to me to be the Director of the Ada County Highway District, the person who executed the instrument on behalf of said District, and acknowledged to me that such Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day, month and year in this certificate first above written. �.•, SLAU'•• h t�OTAR�, ,V B LAG % 1'••�TP OF l9 �►� STORM WATER DRAINAGE EASEMENT — Page (rev. 03/07/02) G-- C, c Notary Public for daho Residing at: R c".f- My commission expires: q—li-- Zob3 HUBBLE ENGINEERING, INC. 701 S. Allen St., Suite 102 . Meridian, ID 83642 Project No. 0009900 208/322-8992 . Fax 208/378-0329 January 25, 2002 ASHFORD GREENS SUBDIVISION NO. 6 STORM DETENTION POND EASEMENT A parcel of land located in the West '/ of Section 3, T.3N., RAW., B.M., Ada County, Idaho, more particularly described as follows. Commencing at the northeast corner of lot 62, block 23 of Ashford Greens No. 2, a subdivision recorded in Book 75 of plats at Page 7800, records of Ada County, Idaho; thence 129.52 feet along the southerly right-of-way of W. Talamore Boulevard and the arc of a curve to the right, having a radius of 600.00 feet, a central angle of 12°22'07" and a long chord bearing South 56049'29" East, 129.27 feet; thence South 50038'25" East, 94.32 feet; thence 69.75 feet along the arc of a curve to the right having a radius of 250.25 feet, a central angle of 15°58'07" and a long chord bearing South 42039'22" East, 69.52 feet to the REAL POINT OF BEGINNING. thence continuing 95.58 feet along the arc of a curve to the right, having a radius of 250.25 feet, a central angle of 21053'00" and a long chord bearing South 23043'48" East, 95.00 feet; thence North 89°29'44" West, 127.24 feet; thence North 4027'17" West, 40.00 feet; thence North 63028'39" East, 102.94 feet to the Point of Beginning Prepared by: HUBBLE� p F, ING, INC. D. Terry Peugh, P.L.S. J:\Projects\AS H FORD\Documents\DES-StormDetPondEase.doc Manual for Light Maintenance and Heavy Maintenance of Stormwater Infiltration Ponds and Access Road at Ashford Greens Subdivision No. 5 & 6 Project No. 0009600 Meridian, Idaho HUBBLE ENGINEERING, INC. Engineering -Surveying -Planning ENGIN EF,Q� r Ce y O 'QS SV 701 S. Allen St., Suite 102 Meridian, ID 83642 (208) 322-8992 This manual outlines theies to be performed by the homeowner's Aiation and/or Cherry Lane Recreation for the light maintenance of the stormwater ponds, associated storm drain structures and access road at Ashford Grccns Subdivision No. 5 & 6 as well as the duties to be performed by A.C.H.D. for the heavy maintenance of the ponds and associated structures. The detention ponds are located north of Lots 34 — 44 and Lot 55, Block 19 of the Ashford Crreens No. 5 & 6 Subdivision plats. The maintenance area of the ponds shall include the entire area within the side slopes of the pond. The access road is located east of Lot 4, Block 19 of the Ashford Greens No. 5 Subdivision. The maintenance of the access road shall include the entire area within the easement. For the various light maintenance items involved, periodic inspections are to be made of the pond in addition to any work required in each of the categories below. These inspections shall be done a minimum of once every month. WEED CONTROL: In the spring of each year, an herbicide shall be applied to the entire area of the pond and access road. The application shall be in accordance with the manufacturer's requirements. During the periodic inspections, any weeds found shall be removed at the root and disposed of. offsite. TRASH CLEANUP: During the periodic inspections, any trash found within the boundary of the pond and access road shall be collected and disposed of offsite. SLOPE STABILITY: During the periodic inspections, the pond shall be checked for any water spots, water entering from adjacent lots, rodent holes, and erosion. If any of these problems are found, the homeowners association shall contact a licensed earthwork contractor to make the necessary repairs to the site. POND SIDE SLOPE. SURFACE AND ACCESS ROAD GRASS TRIMMING: The grass shall be mowed on a regular basis to maintain a neat appearance. HEAVY MAINTENANCE: Heavy maintenance such as cleaning sand and grease traps, storm drain manholes, storm drain conduits, removal and replacement of the sand in the bottom of the storm drain ponds shall be provided by Ada County Highway District in accordance with the maintenance agreement between Ada County Highway District, City of Meridian and the Ashford Greens Homeowners Association. JAProjeets"9brd Greens%DncununuVlsh5wd5.0-Main(M:uLJoc Ashford Greens Sub. No. 6 T.3N, RAW. Section 3 • ADA COUNTY RECORDER J. DPAViD N{AVARRO .2002 AP - 3 PH 1: 21 ORAE -R17CUEST OF r FEE!t.-D� ��� WA�� lq .102039548 STORM WATER DRAINAGE EASEMENT (Space reserved for Recorder's use) This Storm Water Drainage Easement (the "Easement") is made as of the 2Co '�Nay of /1A e A 2002, by and among the CITY OF MERIDIAN, a Municipal Corporation (hereinafter "Grantor"), BRIGHTON CORPORATION, an Idaho Corporation (hereinafter "Developer") and ADA COUNTY HIGHWAY DISTRICT, a body corporate and politic of the State of Idaho (hereinafter "ACHD"); WITNESSETH: For good and sufficient consideration it is agreed: Section 1. Recitals. 1.1 Grantor owns the parcel of real property located in Ada County, Idaho, more particularly described and depicted on Exhibit "A" attached hereto (the "Servient Estate"). 1.2 Developer is developing a subdivision in Ada County, known as the Ashford Greens Subdivision No. 6, and the preliminary plat of such subdivision has been approved by ACHD. When the final plat is approved by ACHD and recorded by developer, a public right-of-way for streets and related improvements, including drainage easements will be dedicated to ACHD. When the streets and related improvements are constructed by the Grantor in the right-of-way, and ACHD has accepted the same, they will become a part of the ACHD system of highways. 1.3 The storm water drainage system related to the platted streets to be dedicated to ACHD when the plat referred to in Section 1.2 is recorded will extend beyond the plat and on, over and across the Servient Estate, and on the terms and conditions hereinafter set forth the Grantor desires to grant to ACHD, and ACHD desires to accept, an easement for storm water drainage on, over, under and across the Servient Estate, and for the repair, maintenance, reconstruction and enhancement thereof Section 2. Grant of Easement; Exclusive Easement. 2.1 For the period and on the terms and conditions hereinafter set forth, Grantor hereby grants to ACHD an easement and right-of-way for storm water drainage from the ACHD system of highways on, under, over and across the _Servient Estate, and for the repair, maintenance, reconstruction and enhancement of the same (hereinafter "Authorized Use"). STORM WATER DRAINAGE EASEMENT - Page 1 (rev. 03/07/02) 2.2 The easement herein granted is exclusive to ACRD, and no structures, fences or other improvements are to be constructed, or landscaping planted, on the Servient Estate by ACRD, Grantor or Grantor's Successors or assigns to the underlying title thereto without the prior written consent of both ACHD and Grantor. Such consent will not be given if, in its sole discretion, ACHD determines the proposed improvement and/or landscaping may interfere with ACHD's Authorized Use of the Servient Estate. When such consent is given, if any structures, fences, landscaping or other improvements constructed or planted on the Servient Estate must be removed in order for ACHD to perform its obligations to repair and maintain the Storm Water Drainage System, the costs of removal and replacement or restoration of the same shall be the obligation of the Grantor. Section 3 Construction: Acceptance: Repair and Maintenance: Developer Indemnification: Contractor Warranties. 3.1 At Developer's sole cost and expense, Developer shall construct and install the storm water drainage system on the Servient Estate in accordance with designs, plans and specifications approved by ACHD in advance, in writing. During construction, Developer shall give ACHD reasonable notice and opportunity to inspect the same. 3.2 When, by written notice given to Grantor and Developer, ACHD has accepted the storm water drainage system as constructed and installed by Developer, the homeowners association will have some maintenance responsibilities to be performed at its sole cost and expense, and ACHD will have heavy maintenance and repair responsibilities of the system thereafter, at its sole cost and expense. The respective responsibilities shall be carried out in accordance with the terms and conditions of "Manual for Light Maintenance and Heavy Maintenance of Stormwater Infiltration Ponds at Ashford Greens Subdivision No. 6", a true and correct copy of which is attached hereto marked Exhibit "B," and by this reference incorporated herein. 3.3 Developer shall enforce for the benefit of ACHD any warranties contained in the contract for the construction and installation of the storm water drainage system. 3.4 Developer shall indemnify and save and hold harmless Grantor and ACHD, its Commissioners and employees, from and against all claims, actions or judgments for damages, injury or death caused by or arising out of the failure or neglect of Developer to properly construct and install the storm water drainage system. Section 4. ACHD Indemnification. Following its acceptance of the storm water drainage system under Section 3.2, subject to the provisions of, and limits of liability set forth in, the Idaho Tort Claims Act, ACHD shall indemnify and hold harmless Grantor from and against all claims, actions or judgments for damages, injury or death caused by or arising out of its failure or neglect to maintain and repair the storm water drainage system. STORM WATER DRAINAGE EASEMENT — Page 2 (rev. 03/07/02) Section 5. Term. The term of this Easement is perpetual. Section 6. Covenants Run with the Land. Throughout the term of this Easement, it shall be a burden upon the Servient Estate and shall be appurtenant to and for the benefit of the ACHD system of highways, and shall run with the land. Section 7. Attorneys' Fees and Costs. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. Section 8. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated as if set forth in full herein. Section 9. Successors and Assigns. This Easement and the covenants and agreements made herein shall inure to the benefit of, and be binding upon, ACRD, Developer, and Grantor, and Grantor's successors and assigns to the Servient Estate. Section 10. Modification. This Easement may not be amended in whole or in part except by written instrument, duly executed and acknowledged by the parties hereto, and recorded. Section 11. Notices. All notices given pursuant to this Easement shall be in writing and shall be given by personal delivery. by United States Mail Certified, Return Receipt Requested, or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, addressed to the appropriate party at the address set forth below. Grantor: The City of Meridian City Hall 33 E. Idaho Avenue Meridian, Idaho 83642 Developer: Brighton Corporation 12426 W. Explorer, Suite 220 Boise, Idaho 83713 STORM WATER DRAINAGE EASEMENT — Page 3 (rev. 03/07/02) 0 ACRD: Ada County Highway District 318 East 37th Street Boise, Idaho 83714-6499 Section 12. Recordation. This Easement shall be recorded in the Real Property Records of Ada County, Idaho. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. STORM WATER DRAINAGE EASEMENT — Page 4 (rev. 03/07/02) GRANTOR: 0 CITY OF M By: Attest: Approved by City Council on: N ayor William G. Berg, Jr., Q / ' -%, - - _ - DEVELOPER: BRIGHTON CORPORATION By: David W. Turnbull, President ACRD: ADA COU TY HIGHWAY DI By: William J. ScOWE STORM WATER DRAINAGE EASEMENT — Page 5 (rev. 03/07/02) r, Director • STATE OF IDAHO ) ss. COUNTY OF ADA ) 4 On this day of �'ylr 2002, before me, l , a notary public in and for the State of Idaho, personally appeared, Robert D. Corrie, known or identified to me to be the Mayor, and William G. Berg, j; known or identified to me to be the City Clerk of the Corporation that executed this instrument or the persons who executed the instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day, month and year in this certificate first above written. .• ON_ 51. PW Notary P blic forIdaho 4Residing at: cY.� • s„b My commissJion expires: d - 8-o *Ai STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of/ 2002, before me, a notary public in and for the State of Idaho, personally appeared, David W. Turnbull, known or identified to me to be the President, of the Corporation that executed this instrument or the person who executed the instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day, month and year in this certificate first above written. STORM WATER DRAINAGE EASEMENT — Page 6 (rev. 03/07/02) Residing at"a �ZD My commission expires: O-- STATE OF IDAHO ss. COUNTY OF ADA U Ont is �l- day of ,� 2002, before me, S , a notary public in and for the State of Idaho, personally appeared, William J. ScHweitzer, known or identified to me to be the Director of the Ada County Highway District, the person who executed the instrument on behalf of said District, and acknowledged to me that such Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day, month and year in this certificate first above written. ••o�,, �.• SLA U ' ,y �pTAlt �7s PUBL1G 1,�91•g l9!� •• OF -' STORM WATER DRAINAGE EASEMENT — Page 7 (rev. 03/07/02) c— CIL" Notary Public for daho Residing at: My commission expires: ��G1N HERS r � (Z �O HUBBLE ENGINEERING, INC. 701 S. Allen St., Suite 102 . Meridian, ID 83642 Project No. 0009900 208/322-8992 . Fax 208/378-0329 January 25, 2002 ASHFORD GREENS SUBDIVISION NO. 6 STORM DETENTION POND EASEMENT A parcel of land located in the West Y2 of Section 3, T.3N., RAW., B.M., Ada County, Idaho, more particularly described as follows. Commencing at the northeast corner of lot 62, block 23 of Ashford Greens No. 2, a subdivision recorded in Book 75 of plats at Page 7800, records of Ada County, Idaho; thence 129.52 feet along the southerly right-of-way of W. Talamore Boulevard and the arc of a curve to the right, having a radius of 600.00 feet, a central angle of 12022'07" and a long chord bearing South 56049'29" East, 129.27 feet; thence South 50°38'25" East, 94.32 feet; thence 69.75 feet along the arc of a curve to the right having a radius of 250.25 feet, a central angle of 15°58'07" and a long chord bearing South 42°39'22" East, 69.52 feet to the REAL POINT OF BEGINNING. thence continuing 95.58 feet along the arc of a curve to the right, having a radius of 250.25 feet, a central angle of 21"53'00" and a long chord bearing South 23°43'48" East, 95.00 feet; thence North 89029'44" West, 127.24 feet; thence North 4°27'17" West, 40.00 feet; thence North 63028'39" East, 102.94 feet to the Point of Beginning Prepared by: HUBBLE_.qqZME�21NG, INC. a 4�3 s i�'�,!, D. Terry Peugh, P.L.S. 1:\Projects\ASHFORD\Documents\DES-StormDetPondEase.doc Manual for Light Maintenance and Heavy Maintenance of Stormwater Infiltration Ponds and Access Road at Ashford Greens Subdivision No. 5 & 6 Project No. 0009600 Meridian, Idaho HUBBLE ENGINEERING, INC. Engineering -Surveying -Planning r � y O VQ - 701 S. Allen St., Suite 102 Meridian, ID 83642 (208) 322-8992 This manual outlines *ties to be performed by the homeowner's Sciation and/or Cherry Lane Recreation for the light maintenance of the stormwater ponds, associated storm drain structures and access road at Ashford Greens Subdivision No. 5 & 6 as well as the duties to be performed by A.C.H.D. for the heavy maintenance of the ponds and associated structures. The detention ponds are located north of Lots 34 — 44 and Lot 55, Block 19 of the Ashford Greens No. 5 & 6 Subdivision plats. The maintenance area of the ponds shall include the entire area within the side slopes of the pond. The access road is located east of Lot 4, Block 19 of the Ashford Greens No. 5 Subdivision. The maintenance of the access road shall include the entire area within the easement. For the various light maintenance items involved, periodic inspections arc to be made of the pond in addition to any work required in each of the categories below. These inspections shall be done a minimum of once every month. WEED CONTROL: In the spring of each year, an herbicide shall be applied to the entire area of the pond and access road. The, application shall be in accordance with the manufacturer's requirements. During the periodic inspections, any weeds found shall be removed at the root and disposed of offsite. TRASH CLEANUP: Daring the periodic inspections, any trash found within the boundary of the pond and access road shall be collected and disposed of oBsite. SLOPE STABILITY: During the periodic inspections, the pond shall be checked for any water spots, water entering from adjacent lots, rodent holes, and erosion. If any of these problems are found, the homeowner's association shall contact a licensed earthwork contractor to make the necessary repairs to the site. POND SIDE SLOPE, SURFACE AND ACCESS ROAD GRASS TRIMMING: The grass shall be mowed on a regular basis to maintain a neat appearance. HEAVY MAINTENANCE: Heavy maintenance such as cleaning sand and grease traps, storm drain manholes, storm drain conduits, removal and replacement of the sand in the bottom of the storm drain ponds shall be provided by Ada County Highway District in accordance with the maintenance agreement between Ada County Highway District, City of Meridian and the Ashford Greens Homeowners Association. I:U'rojCW%Ashf*rd rmcau%Dneununts AshtwdS-O-MtdntMi u.Joe City of Meridian Public Works Dept. Memo To: Mayor Corrie From: Brad Watson, P.E. CC: File Dates 3/2&2002 Re: Ashford Greens Subdivision No. 6 P C` 2D .40 MAR 2 9 2002 M—WORS OFFICE CITY Or MERIDIAN Enclosed is the Storm Water Drainage Easement that was approved by City Council on March 26, 2002. 1 would appredate it if you would sign it and pass it on to Will Berg for attestation. Thank you. Fol" 0 Page 1 RECEIVED MAR 2 9 2002 City of Meridian City Clerk Office Fmw9w desk of... Brad Watson, P.E. City Fho— Merid= Public Warks Departtnent 660 E. Wabatmer Lane, Suite 200 Meridien, Idaho 83642 (208) 89&5500 Fax (208) 887-1297 watsaab@ci.otaridianidus Ashford Greens Sub. No. 6 T.3N, RAW. Section 3 STORM WATER DRAINAGE EASEMENT (Space reserved for Recorder's use) This Storm Water Drainage Easement (the "Easement") is made as of the day of . 2002, by and among the CITY OF MERIDIAN, a Municipal Corporation (hereinafter "Grantor"), BRIGHTON CORPORATION, an Idaho Corporation (hereinafter "Developer") and ADA COUNTY HIGHWAY DISTRICT, a body corporate and politic of the State of Idaho (hereinafter "ACHD"); WITNESSETH: For good and sufficient consideration it is agreed: Section 1. Recitals. 1.1 Grantor owns the parcel of real property located in Ada County, Idaho, more particularly described and depicted on Exhibit "A" attached hereto (the "Servient Estate"). 1.2 Developer is developing a subdivision in Ada County, known as the Ashford Greens Subdivision No. 6, and the preliminary plat of such subdivision has been approved by ACHD. When the final plat is approved by ACHD and recorded by developer, a public right-of-way for streets and related improvements, including drainage easements will be dedicated to ACHD. When the streets and related improvements are constructed by the Grantor in the right-of-way, and ACHD has accepted the same, they will become a part of the ACHD system of highways. 1.3 The storm water drainage system related to the platted streets to be dedicated to ACHD when the plat referred to in Section 1.2 is recorded will extend beyond the plat and on, over and across the Servient Estate, and on the terms and conditions hereinafter set forth the Grantor desires to grant to ACHD, and ACHD desires to accept, an easement for storm water drainage on, over, under and across the Servient Estate, and for the repair, maintenance, reconstruction and enhancement thereof Section 2. Grant of Easement; Exclusive Easement. 2.1 For the period and on the terms and conditions hereinafter set forth, Grantor hereby grants to ACHD an easement and right-of-way for storm water drainage from the ACHD system of highways on, under, over and across the Servient Estate, and for the repair, maintenance, reconstruction and enhancement of the same (hereinafter "Authorized Use"). STORM WATER DRAINAGE EASEMENT — Page 1 (rev. 03/07/02) • 0 2.2 The easement herein granted is exclusive to ACHD, and no structures, fences or other improvements are to be constructed, or landscaping planted, on the Servient Estate by ACHD, Grantor or Grantor's Successors or assigns to the underlying title thereto without the prior written consent of both ACHD and Grantor. Such consent will not be given if, in its sole discretion, ACHD determines the proposed improvement and/or landscaping may interfere with ACHD's Authorized Use of the Servient Estate. When such consent is given, if any structures, fences, landscaping or other improvements constructed or planted on the Servient Estate must be removed in order for ACHD to perform its obligations to repair and maintain the Storm Water Drainage System, the costs of removal and replacement or restoration of the same shall be the obligation of the Grantor. Section 3. Construction: Acceptance: Repair and Maintenance: Developer Indemnification; Contractor Warranties. 3.1 At Developer's sole cost and expense, Developer shall construct and install the storm water drainage system on the Servient Estate in accordance with designs, plans and specifications approved by ACHD in advance, in writing. During construction, Developer shall give ACHD reasonable notice and opportunity to inspect the same. 3.2 When, by written notice given to Grantor and Developer, ACHD has accepted the storm water drainage system as constructed and installed by Developer, the homeowners association will have some maintenance responsibilities to be performed at its sole cost and expense, and ACHD will have heavy maintenance and repair responsibilities of the system thereafter, at its sole cost and expense. The respective responsibilities shall be carried out in accordance with the terms and conditions of "Manual for Light Maintenance and Heavy Maintenance of Stormwater Infiltration Ponds at Ashford Greens Subdivision No. 6", a true and correct copy of which is attached hereto marked Exhibit "B," and by this reference incorporated herein. 3.3 Developer shall enforce for the benefit of ACHD any warranties contained in the contract for the construction and installation of the storm water drainage system. 3.4 Developer shall indemnify and save and hold harmless Grantor and ACHD, its Commissioners and employees, from and against all claims, actions or judgments for damages, injury or death caused by or arising out of the failure or neglect of Developer to properly construct and install the storm water drainage system. Section 4. ACHD Indemnification. Following its acceptance of the storm water drainage system under Section 3.2, subject to the provisions of, and limits of liability set forth in, the Idaho Tort Claims Act, ACHD shall indemnify and hold harmless Grantor from and against all claims, actions or judgments for damages, injury or death caused by or arising out of its failure or neglect to maintain and repair the storm water drainage system. STORM WATER DRAINAGE EASEMENT — Page 2 (rev. 03/07/02) Section 5. Term. The term of this Easement is perpetual. Section 6. Covenants Run with the Land Throughout the term of this Easement, it shall be a burden upon the Servient Estate and shall be appurtenant to and for the benefit of the ACHD system of highways, and shall run with the land. Section 7. Attorneys' Fees and Costs In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. Section 8. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated as if set forth in full herein. Section 9. Successors and Assigns This Easement and the covenants and agreements made herein shall inure to the benefit of, and be binding upon, ACRD, Developer, and Grantor, and Grantor's successors and assigns to the Servient Estate. Section 10. Modification. This Easement may not be amended in whole or in part except by written instrument, duly executed and acknowledged by the parties hereto, and recorded. Section 11. Notices. All notices given pursuant to this Easement shall be in writing and shall be given by personal delivery. by United States Mail Certified, Return Receipt Requested, or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, addressed to the appropriate party at the address set forth below. Grantor: The City of Meridian City Hall 33 E. Idaho Avenue Meridian, Idaho 83642 Developer: Brighton Corporation 12426 W. Explorer, Suite 220 Boise, Idaho 83713 STORM WATER DRAINAGE EASEMENT — Page 3 (rev. 03/07/02) ACHD: Ada County Highway District 318 East 37th Street Boise, Idaho 83714-6499 Section 12. Recordation. This Easement shall be recorded in the Real Property Records of Ada County, Idaho. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. STORM WATER DRAINAGE EASEMENT — Page 4 (rev. 03/07/02) GRANTOR: CITY OF Attest: William G. Approved by City Council on: DEVELOPER: BRIGHTON CORPORATION By: David W. Turnbull, President ACHD: ADA COUNTY/ HIGHWAY DISTRI William J. STORM WATER DRAINAGE EASEMENT — Page 5 (rev. 03/07/02) itzer, Director • STATE OF IDAHO ss. COUNTY OF ADA ) On this a� day of CM 2002, before me, _�,, a notary public in and for the State of Idaho, personally appeared, Robert D. Corrie, known or identified to me to be the Mayor, and William G. Berg, Jt, known or identified to me to be the City Clerk of the Corporation that executed this instrument or the persons who executed the instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day, month and year in this certificate first above written. **go ON �,* pN 5 •. I Notary P blic for Idaho Residing at:� ZG: My commission expires: d 28 - o �':'p . )A Mo ,00 448000 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of 2002, before me, -14?/-�. ,�,/Gr 2.�s , a notary public in and for the State of Idaho, personally appeared, David W. Turnbull, known or identified to me to be the President, of the Corporation that executed this instrument or the person who executed the instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day, month and year in this certificate first above written. //-` STORM WATER DRAINAGE EASEMENT — Page 6 (rev. 03/07/02) Residing at: G My commission expires: O STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On t is l�C` day of ��� 4..r_ 2002, before me, S , a notary public in and for the State of Idaho, personally appeared, William J. S eitzer, known or identified to me to be the Director of the Ada County Highway District, the person who executed the instrument on behalf of said District, and acknowledged to me that such Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day, month and year in this certificate first above written. SLAIj �ca ,t%OTA,*k �y0 prisi. �4� OF 19'I" STORM WATER DRAINAGE EASEMENT — Page 7 (rev. 03/07/02) (Z�� C. V a 0---, Notary Public for daho Residing at: _R My commission expires: Zsb GP' EE � HUBBLE ENGINEERING, INC. 701 S. Allen St., Suite 102 . Meridian, ID 83642 Project No. 0009900 208/322-8992 . Fax 208/378-0329 January 25, 2002 ASHFORD GREENS SUBDIVISION NO. 6 STORM DETENTION POND EASEMENT A parcel of land located in the West Y2 of Section 3, T.3N., RAW., B.M., Ada County, Idaho, more particularly described as follows. Commencing at the northeast corner of lot 62, block 23 of Ashford Greens No. 2, a subdivision recorded in Book 75 of plats at Page 7800, records of Ada County, Idaho; thence 129.52 feet along the southerly right-of-way of W. Talamore Boulevard and the arc of a curve to the right, having a radius of 600.00 feet, a central angle of 12°22'07" and a long chord bearing South 56°49'29" East, 129.27 feet; thence South 50038'25" East, .94.32 feet; thence 69.75 feet along the arc of a curve to the right having a radius of 250.25 feet, a central angle of 15°58'07" and a long chord bearing South 42°39'22" East, 69.52 feet to the REAL POINT OF BEGINNING. thence continuing 95.58 feet along the arc of a curve to the right, having a radius of 250.25 feet, a central angle of 21053'00" and a long chord bearing South 23°43'48" East, 95.00 feet; thence North 89029'44" West, 127.24 feet; thence North 4°27'17" West, 40.00 feet; thence North 63°28'39" East, 102.94 feet to the Point of Beginning Prepared by: HUBBLE-g DING, INC. ~4 G�rEOF��� D. Terry Peugh, P.L.S. J:\Projects\ASHFORD\Documents\DES-StorTnDetPondEase.doc E* . Manual for Light Maintenance and Heavy Maintenance of Stormwater Infiltration Ponds and Access Road at Ashford Greens Subdivision No. 5 & 6 Project No. 0009600 Meridian, Idaho HUBBLE ENGINEERING, INC. Engineering -Surveying -Planning H'E 701 S. Allen St., Suite 102 Meridian, ID 83642 (208) 322-8992 This manual outlines t0ties to be performed by the homeowner's iaiation and/or Cheng Lane Recreation for the light maintenance of the stormwater ponds, associated storm drain structures and access road at Ashford Greens Subdivision No. 5 & 6 as well as the duties to be performed by A.C.H.D. for the heavy maintenance of the ponds and associated structures. The detention ponds are located north of Lots 34 — 44 and Lot 55, Block 19 of the Ashford Greens No. 5 & 6 Subdivision plats. The maintenance area of the ponds shall include the entire area within the side slopes of the pond. The access road is located east of Lot 4, Block 19 of the Ashford Greens No. 5 Subdivision. The maintenance of the access road shall include the entire area within the easement For the various light maintenance items involved, periodic inspections are to be made of the pond in addition to any work required in each of the categories below. These inspections shall be done a minimum of once every month. WEED CONTROL: In the spring of each year, an herbicide shall be applied to the entire area of the Pond and access road. The, application shall be in accordance with the manufacturer's requirements. During the periodic inspections, any weeds found shall be removed at the root and disposed of offsite. TRASH CLEANUP: During the periodic inspections, any trash found within the boundary of the pond and access road shall be collected and disposed of offsite. SLOPE STABILITY: During the periodic inspections, the pond shall be checked for any water spots, water entering from adjacent lots, rodent holes, and erosion. If any of these problems are found, the homeowner's association shall contact a licensed earthwork contractor to make the necessary repairs to the site. POND SIDE SLOPE. SURFACE AND ACCESS ROAD GRASS TRIMMING: The grass shall be mowed on a regular basis to maintain a neat appearance. HEAVY MAINTENANCE: Heavy maintenance such as cleaning sand and grease traps, storm drain manholes, storm drain conduits, removal and replacement of the sand in the bottom of the storm drain ponds shall be provided by Ada County Highway District in accordance with the maintenance agreement between Ada County Highway District, City of Meridian and the Ashford Greens Homeowners Association. f:%ProjCU$W rd CmwlDneununtsWhfwd5.0-MWn(MmLdoc 0 March 22, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING March 26, 2002 APPLICANT Treasurer's Department -- Stacy Kilchenmann ITEM NO. REQUEST Finance 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: 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. • ROCEIVED CITY OF MERIDIAN Table of ContentsclTYCLERK OFFICE Page # Long Term Investment Status 1 Investments and Cash 2 WWTP - Budget to Actual Comparison 3 Water - Budget to Actual Comparison 4 General Fund - Budget to Actual Comparison 5 General Fund Revenue - Budget to Actual Comparison 6 Special Service Fund - Budget to Actual Comparison 7 Overtime Report for FY2002 8 Police Dept Monthly Overtime 9 Fire Dept Monthly Overtime 10 Vacant Position Report 11 Construction Project Report 12 Potential Amendments 13 MIP - Statement of Revenue & Expenditure Reports 3/22/2002 Council monthly reports.xls CITY OF MERIDIAN LONG TERM INVESTMENT STATUS AS OF FEBRUARY 28, 2002 47! PORTFOLIO DISTRIBUTION 7cn7nec — 16270487.6 )00 INVESTMENT TYPE - NET YIELD 0.06 0.05 ,.fx, r fil P 0.04 Alr„. 0.03 . ,, , 0.02 0.01 0 sds sde �� ots os� 9e �ecr .des`�o sdpeP°s p9ias �'►s�Je`s too P Pecs 00s�` ge�rlM NWe�s c`hsss aged GeE *0 Gss 973111.61 2501922.06 825902.97 Long Term Investment Balance by Fund 7747919.1 2063699.72 30044198.6 0 0 ■ Government Bonds ■ Equity Mutual Funds ❑ Certificates of Deposit ❑ Repurchase Agreements ■Advisor Money Market ■ Idaho State Pool ■ General Fund ■ Cap Improve Fund ❑ Enterprise Fund El Fire Truck Fund ■ Latecomer Fu ■ Park Impact Fees • 0 CITY OF MERIDIAN INVESTMENTS AND CASH 28 -Feb -02 INTEREST RATE HISTORY 7.00% _ _ Checling 6.00% Account 05.00%=`Money Market —14.00% W 3.00% —Idaho Pool } 2.00% Income 1.00% —filet I++vestment 0.00% ..Advisor Income ,§1c1��ac1 ���oo PQi� �a� ,J�e �J�aPJAoyti ec '00 MONTH o��ec e��ec acJacle�`J�c1 MONTH COMPARISON - INVESTMENT & CASH BALANCES 35000000-,, r 30000000 25000000 20000000 F �,. 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O 0 �P ti i t Z O fA m ++ w LL ++ w rO O O O O O O O O O U �9 0 N Ow N N N v T m � W • CITY OF MERIDIAN GENERAL FUND REVENUE FY02 BUDGET TO ACTUAL COMPARISON AS OF 2/28/2002 Beer License Liguor License Wine License Misc License State Liquor Revenue TOTAL LICENSE REVENUE Property Tax Penalty Property Tax TOTAL TAX REVENUE Sales Tax State Revenue Sharing Garbage Collection Garbage Recycling TOTAL REVENUE SHARING Gas Franchise Cable TV Franchise TOTAL FRANCHISE FEE Misc Interest Earnings Electricity Franchise CourtRevenue Police School Revenue Parking Fines Dog License/Impound Fees TOTAL POLICE REVENUE Rural Fire Golf Course Expansion Park Impact Fees Park Leases/Fees TOTAL PARK FEES General BLDG Fund Bal Park Impact Fund Bal TOTAL FUND BALANCES Police Grant Park Grant TOTAL GRANT REVENUES GRAND TOTAL n U FY02 Variance Variance FY2001 FY2002 FY2002 FY2002 Budget to Actual Prior Year FY01 to FY02 Total Budget Total Budget Budget YTD Actual YTD Over/(Under) Actual YTD Over/(Under) $6,000 $6,000 $2,500 $2,383 -4.66% $41,903 $5,850 -59.26% $370,000 $6,550 $7,000 $2,917 $2,079 -28.71% $54,000 $7,313 -71.57% $41,978 $4,350 $5,800 $2,417 $2,451 1.42% $116,667 $5,500 -55.44% $90,886 $1,475 $1,000 $417 $643 54.20% 33.03% $380 69.08% $3,700 $91,000 $112,000 $46,667 $32,508 -30.34% -16.40% $24,511 32.63% $12.083 $109,375 $131,800 $54,917 $40,064 -27.05% $43,554 -8.01% $4,636,326 $5,484,586 $2,285,244 $2,962,128 29.62% $2,521,911 17.46% $10,000 $15,000 $6,250 $3,243 -48.12% $3,765 -13.88% $4,646,326 $5,499,586 $2,291,494 $2,965,371 29.41% $2,525,676 17.41% $135,000 $160,000 $66,667 $50,179 -24.73% $38,003 32.04% $1,020,700 $1,524,582 $635,243 $340,724 -46.36% $281,067 21.23% $110,000 $160,000 $66,667 $56,978 -14.53% $55,852 2.02% $24,000 $10,000 $6,207 -37.93% $12,974 -52.16% $1,265,700 $1,868,582 $778,576 $454,089 -41.68% $387,896 17.06% $161,000 $200,000 $83,333 $0 -100.00% $0 #DIV/0! $94.000 $115.000 $47,917 $86,713 80.97% $0 #DIV/0! $6,000 $10,700 $2,350 $5,540 135.74% $41,903 -86.78% $382,405 $370,000 $154,167 $272,754 76.92% $187,544 45.44% $54,000 $125,000 $52,083 $41,978 -19.40% $29,843 40.66% $260,000 $280,000 $116,667 $107,328 -8.00% $90,886 18.09% $85,000 $115,000 $47,917 $63,746 33.03% $69,971 -8.90% $3,700 $4,500 $1,875 $1,295 -30.93% $1,549 -16.40% $29.000 $12.083 $14.813 22.59% $14,545 1.84% $348,700 $428,500 $178,542 $187,181 4.84% $176,950 5.78% $668,700 $278,625 $138,034 -50.46% $236,469 -41.63% $17,000 $19,550 $20,000 $400,000 $82,500 $8,333 $166,667 $34,375 $10,400 $135,088 $23,247 24.80% -18.95% -32.37% $11,700 $141,534 $22,042 -11.11% -4.55% 5.47% $36,550 $502,500 $209,375 $168,735 -19.41% $175,276 -3.73% $1,111,788 $885,736 $1,997,524 $0 $0 $142,875 $2,712 109 0 N 141 161 Ni IOIpp y N .O- t Pl I1 N a M 6 U)g N O N t Ntpp N V Maw N N 1� TO IO�mN n O a 0 H M S M N N w M C yGGG� W Z o N v �Nmde p��� O 8 N 00 Oi IV IOC In CI Cf OO ap 0)'; N O N m 4 �p N OI NfpA fV G Op M N 00a0 C_A, V .• 2 G O $j OO O O 0 0 0 m N Iep pS O 0 0 0 0 p0 0 V Mm"' 1 NNOD NNN� rp Q N m T IO Ni IOIpp y N .O- N lV N Pl I1 N 6 m m Nm 0 INONN� �yp� N O N t Ntpp N V Maw N N 1� TO IO�mN n O a 0 H M S M N N w M C yGGG� W Z o N ZV Nn �Nmde p��� O 8 N 00 Oi IV IOC In CI Cf OO ap 0)'; N O m 4 �p N OI NfpA OOD N p O� N.tlN G Op M N 00a0 H V 2 G O $j N Iep IlIIpypy ItDp ftftyy�� V Mm"' 1 NNOD NNN� rp Q W C� ww�ww wlnw � vr'_o� ado.n� rg or voi O O�N t0�1mN m�0 r N r m T . 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O� m m `a. h 'm c U ¢ m a a a a o_ Q m W D H F n -� E E E ° 5 E 3 F W E m ro r::o:E ._ F m a F¢- a O O % W O a o 2 o d 0 v O:[1 ¢ a O 7 d d d O a d._ 0 Om Z Z U LL d ¢ R¢ U U o a> ¢` ¢ 0 �¢ ii i� �:�: a ¢ i �- a aJ 3 333 rn a mJ U H O .« • CITY OF MERIDIAN 2/28/2002 0 Police Department Monthly Overtime $25,000 -� $20,000 $15,000 + FY1999 --FY2000 $10, 000 ;- FY2001 t FY2002 $5,000 -•- AVERAGE $0 0,�c 5� 9 0 CITY OF MERIDIAN 2/28/2002 Fire Department Monthly Overtime $25,000 i $20,000 f $15,000 T FY2000 T FY2001 $10,000 FY2002 $5,000 AVERAGE $0 5 10 CITY OF MERIDIAN VACANT POSITION REPORT AS FEBRUARY 28, 2002 Records Clerk Brenda Steinebach-3104 Animal Control Officer Patrol Off Patrol Off Evidence Tech Planning & Zoning Planner I Building Alena Janes -5017 I Dept Spec. - Part Time ? New 2124 New 2190 10.00 01/31/02 2123 15.83 2123 15.83 ? 18.91 1910 39, 220.00 1940 8.50 2126/2002 1/1/2002 1/1/2002 11/21/2001 7/12/2001 7/12/2001 10/1/2001 10/1/1998 12/21/2001 Brent Arte -6221 Floyd Walton -6222 WWTP Seasonal Tom Lee -6336 Recreation 15 - 20 Seasonal Fire lWork Person ICross Connection Control Insp Part -Time Season New Mech l New Centrifuge Oper Pretreat Asst. New Rec Aide 1 3410 1 3550 3510 3510 3510 3530 5120 Annual 2/11/2002 3/4/2002 2/19/2002 10/1/2000 Date Department Job Position Dept Wage@ Filled New Vacant 10/1/2001 Code 10/1/2001 3691 -Michael Meyers 3692 -Arthur Frost, Jr. 3693 -Tyler Rountree 13 New Fire Fighters 2211 Records Clerk Brenda Steinebach-3104 Animal Control Officer Patrol Off Patrol Off Evidence Tech Planning & Zoning Planner I Building Alena Janes -5017 I Dept Spec. - Part Time ? New 2124 New 2190 10.00 01/31/02 2123 15.83 2123 15.83 ? 18.91 1910 39, 220.00 1940 8.50 2126/2002 1/1/2002 1/1/2002 11/21/2001 7/12/2001 7/12/2001 10/1/2001 10/1/1998 12/21/2001 Brent Arte -6221 Floyd Walton -6222 WWTP Seasonal Tom Lee -6336 Recreation 15 - 20 Seasonal Fire lWork Person ICross Connection Control Insp Part -Time Season New Mech l New Centrifuge Oper Pretreat Asst. New Rec Aide 1 3410 1 3550 3510 3510 3510 3530 5120 1 19,584.24 1 1 25,776.00 1 7,920.00 25,773.00 1 30,756.00 27,360.72 1 Not Rated 2/11/2002 3/4/2002 2/19/2002 10/1/2000 10/1/2001 10/1/2001 10/1/2001 10/1/2000 10/1/2001 3691 -Michael Meyers 3692 -Arthur Frost, Jr. 3693 -Tyler Rountree 13 New Fire Fighters 2211 30,000.00 2/1/2002 10/1/2001 2211 1 30,000.00 2/1/2002 2211 1 30,000.00 2/1/2002 11 L� a a a a a a a a a a a D. D. 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E2E2•a m>>a�a OLa. c m a000000a m m m m a) m a) a) m as mUwU aaU a)a) (9 0aa0U Z 0 C) 0 a .. O 1 v v C C c CNv V 691 64 P to). Z CW c Q O O O O O O M O D O O O O O O O P Cl) � O ' �! OD Nap O O n O b O O O O N p Lnv00000No C O O rn�P v `° 0 0 ' 7 t o w O M 6K EA 64 (A d9 64 v°' M O H3 04 � C) IT rl-ao LO ea (fl 0 N (s COO (a ifl (» 69. 40 6-k 13 co 0 N Z m 0: Q J � o ~'za O W a. z CO wp � �Q.Q.aQ_am a� y m m m rnz m a c �+�c W m LL LL m=N LL E a) �YY U C: 0 m m 0 o W m` O d a �a .!L- QQU- Q_Q_aa (.(LCL z iiQ_Ua LL >. N O W 10 C000(OO(00(00(OOCOOCOO W W �—PPPPPP PPP W w (D (D H z z U LL Q w W 0 0 co X N v O [1 N T C O E L) O U N O O N N N co March 22, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING March 26, 2002 APPLICANT Public Works Department ITEM NO. REQUEST Tabled from March 19, 2002: White Drain Trunk Sewer Permanent and Temporary Construction Easement -- John Kennedy AGENCY COMMENTS CITY CLERK: See Previous Item Packet 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: Alf OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. • March 15, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING March 19, 2002 APPLICANT Public Work's Department -- Gary Smith ITEM NO. 4j REQUEST White Drain Trunk Sewer Permanent and Temporary Construction Easement -- John Kennedy 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: See previous Item Packet - F, ,,b&p 3,26'02 Contacted: Date: Phone: Materials presented of public meetings shall become property of the City of Meridian. 0 February 15, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING February 19, 2002 APPLICANT Public Work's Department -- Gary Smith ITEM NO. — 4 —� REQUEST White Drain Trunk Sewer Permanent and Temporary Construction Easement — John Kennedy 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 previous Item Packet Vol OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. February 1, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING February 5, 2002 APPLICANT Public Work's Department -- Gary Smith ITEM NO. 4-A-2 REQUEST White Drain Trunk Sewer Permanent and Temporary Construction Easement — John Kennedy 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 OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: Mayor Come From: Brad Watson, P. E. CC: File, Gary Smith, PE, City Clerk O'ai n T r -,J m Ae SeG•1QK pll-c A)0,112,5 Nlf /2-r rz� Daae: 2/1/2002 Re: Proposed Agenda Items for January 22 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the February 5 City Council agenda, on the Consent Agenda, for Council's consideration (we would be happy to discuss any of the following items under Department Reports if you wish to pull these from the Consent Agenda): 1) South Slough Sewer Temporary Construction Easement. This easement is for the portion of the sewer project on the southeast comer of the intersection of Ustick and Eagle Roads. Payment for the temporary sewer construction easement is $267.40. A copy of the signed easement and related correspondence are enclosed. Recommended Council Action: Approval 2) Ten Mile Interchange Sewer Study—JUB Engineers. JUB Engineers is requesting an addendum to their agreement for professional services for this project. As you are aware, the study was initiated at the request of Dakota Company who agreed to reimburse the City for the cost of the study. The cost of the project based on the original scope was $19,730. The focus of the study the study was the area east of Ten Mile Road, between Franklin Road and 1-84. It became apparent during the course of the study that we needed to look at a "bigger picture" that evaluated sewering options for the entire service area north of 1-84. In addition, Council has asked for additional information at the planning workshops that was not in the original scope of the project. Consequently, JUB Engineers is seeking an increase in their contract amount of $3,700 for a contract total of $23,430. We will still require reimbursement of the original $19,730 from Dakota Framthe desk of... Company. The additional $3,700 would be the City's responsibilities as the additional work was not necessarily Brad Watson, P.E. city Engir— tied to the Dakota Company's interest alone. Meridian Public Works nepartrr�t 660 E. Wffietower Lane, Suite 200 Meridian, Idaho 83642 (208)898-5500 Fax (208) 887-1297 0 Page 1 watsonb@ci.me dian.idus We feel this increase is appropriate and that JUB Engineers is providing our department and, hopefully, the Mayor and City Council with useful information. Recommended Council Action: approve the addendum to the Agreement for Professional Services with JUB Engineers for the Ten Mile Interchange Sewer Study to include a contract increase amount of $3,700.00, to be paid by the City of Meridian and not reimbursed by Dakota Company (or their assigns). 3) Woodbridge Subdivision No. 2 Off -Site Water Line Proiect — Agreement for Professional Services. As you recall, City Council directed the Public Works Department to design and construct the water line from the eastern boundary of Woodbridge Subdivision No. 2 to the existing line in Magic View Drive approximately 1,500 feet east. To better coordinate the subdivision and off-site water projects, we asked O'Neill Enterprises (dba Woodbridge Community, LLC) if they would be agreeable to including the design and construction of the off-site water line in their plans and project with reimbursement by the City. They are agreeable to this and have provided me with an engineering agreement for review (redlined copy attached). Their proposal includes design, construction staking and project administration in the lump sum amount of $4,772.50. The estimated project construction cost is approximately $50,000. Copies of related correspondence are also included. Conger Management will deliver a revised and signed agreement that addresses my redline comments later this afternoon. Recommended Council Action: approve the reimbursement for design, construction staking and project administration with Woodbridge Community, LLC for the Woodbridge Subdivision No. 2 Offsite Water Line Project in the lump sum amount $4,772.50, and authorize the Mayor to sign and the City Clerk to attest. We request that the following items be placed on the February 5 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) White Drain Trunk Sewer Permanent and Temporary Construction Easement — John Kennedy. This is a somewhat odd situation. Mr. Kennedy's property is located immediately west of the proposed Cedar Springs Subdivision. He signed a sewer easement and right-of-way contract in July 2001, which was approved by City Council on July 12, 2001. That easement traversed the northem-most part of his property and met up with the Cedar Springs plat at its northwest comer. Mr. Kennedy had a subdivision layout sketched for him that he believes will match up better with Cedar Springs' future stub streets. He wants to vacate the existing easement and have a new one approved that matches the sketched layout of future streets. Either alignment will work for the sewer. The "kicker", so to speak, is that Mr. Kennedy now wants payment for the easement in accordance with the appraisal we had completed, whereas he requested no payment for the initial easement. The appraised value of the permanent and temporary construction easements is $9,550.00. 0 Page 2 • We feel the new proposed alignment will work better with both Mr. Kennedy's and the Cedar Springs project, if approved. However, either alignment is satisfactory. Kevin Howell, Cedar Springs developer, has told me verbally that he would rather the sewer enter his project on the stub street than through the northwest comer of the project. Copies of the easements, right-of-way contract and proposed Kennedy subdivision sketch are attached. Recommended Council Action: Request discussion Thank you. Please contact me if you have any questions regarding any of these items. 0 Page 3 iCITY OF MERIDIAN 600 E. Watertower, Suite 200 Meridian, Idaho 83642 RIGHT-OF-WAY CONTRACT LOCAL PROPERTY OWNERS GJA /fie br-wv, 0 Tr1k)vile 5* P.1�1. DQ�t• IQ*. For t5 PROJECT # & DESCRIPTION City of Meridian White Drain Sanitary Sewer Trunk Ten Mile Rd to Locust Grove Rd PARCEL # & OWNER SO436114800, John L. Kennedy DATE OF OFFER THIS RIGHT-OF-WAY CONTRACT, made this day of 20 , between the City of Meridian, acting by its Mayor and Council, by the Public Works Director or his authorized representative, herein called "CITY" and John L. Kennedy herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sewer Line Easement and Temporary Construction Easement included herewith as Exhibit "A-1", Exhibit "A-2", and Exhibit `B": NOW THEREFORE, the parties hereto agree as follows: GRANTOR agrees to donate the following easements to the CITY OF MERIDIAN: ITEM DESCRIPTION AREA (Ac). Permanent Easement 0.87 Temporary Easement 0.47 Additional Stipulations: Grantor to be paid $9,550.00 (see Exhibit "C" Property Appraisal dated September 5 2001) Grantee will construct manholes labeled MH1 MH2 and MH 3 as depicted on Exhibit "D", Grantee will replace any existing irrigation pipelines removed or damaged during construction of White Drain Trunk Sewer. 2. This Contract shall not be binding unless and until executed by the Public Works Director and the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction, and maintenance of the proposed sanitary sewer line. IN WITNESS WHEREOF, the parties have executed this Contract the day and year first above written. CITY of Meridian By Gary Smith, P.E., Public Works Director Robert Corrie, Mayor ATTEST: William G. Berg, Jr. Title: City Clerk City Council Approval Date: GRANTORS: By: Printed: JDh. -7,t Date: .Ja �r 30. Doz Social Security Number:�/�— By: Printed: Date: 01/18/02 0 . SANITARY SEWER EASEMENT This Sanitary Sewer Easement (the "Agreement") is made and entered into this _ day of , 20 , by and between John L. Kennedy, the "Grantor(s)," and the CITY OF MERIDIAN, a body politic and corporate of the State of Idaho, the "Grantee." Recitals: A. Grantor(s) own(s) the parcel of real property located in Ada County, Idaho, more particularly described on Exhibit "A-1" & "A-2" attached hereto (the "Servient Estate"). B. Grantee desires to provide for a sanitary sewer trunk line across the Servient Estate and adjacent properties, and in connection therewith desires to obtain an easement to construct, install and maintain said trunk line system over and across the Servient Estate, and on the terms and conditions hereinafter set forth, Grantor(s) (is/are) willing to grant the same to Grantee. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL COVENANTS CONTAINED HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Grant and Use. Grantor(s) grant(s) to Grantee a perpetual easement over and across the Servient Estate for the transportation and delivery of sewer water across the Servient Estate, and for the construction, installation, operation, maintenance, repair and replacement of a sanitary sewer trunk line system on the Servient Estate reasonably necessary for such purpose (the "Easement"). The Grantee's use of the Servient Estate is not exclusive, but other uses of the Servient Estate by Grantor(s) shall not interfere with the Grantee's Easement and its expected uses thereof. Grantor(s) further grant(s) to Grantee: a. The right to grade the gravel maintenance road located within the perpetual easement; b. The right from time to time to trim and cut down and clear away any and all trees and brush now or hereafter on the easement that may interfere with the exercise of Grantees rights under this instrument; C. The right to install, maintain and use gates in all fences that now cross or shall hereafter cross the easement; d. The right to mark the location of the pipeline by suitable markers set in the ground, provided that such markers shall be placed in fences or other locations that will not interfere with any reasonable use Grantor shall make of the easement; e. The right to construct future manhole(s) over and service connections to this sewer trunk line. 2. Construction, Installation and Maintenance. At its sole cost and expense Grantee shall construct and install the system within the Servient Estate, the construction and installation thereof to be performed in accordance with plans and specifications prepared by Grantee at its sole cost and expense and reviewed by Grantor(s) prior to the commencement of construction. By reviewing such plans and Permanent Easement Page 1 of 3 9 specifications Grantor(s) assume(s) no responsibility for any deficiencies or inadequacies in the design or construction of the system, and the responsibility therefor shall be and remain in Grantee. After construction and installation is completed, at its sole cost and expense Grantee shall maintain the system in good condition and repair and as required to satisfy all requirements of applicable laws, the policies of Grantee and sound engineering practices, and Grantee shall have access to and from and over and across the Servient Estate for the purposes of such repair and maintenance. If the adjoining property owned by Grantor(s) or the surface of the Servient Estate where the system is buried is damaged as a result of the construction or use or repair and maintenance of this Easement by Grantee, Grantee, at its sole cost and expense, shall repair and restore the same, to the extent reasonably practicable, to the same condition it was in prior to such damage. 3. Covenant Against Permanent Improvements. Grantor(s) covenant(s) and agree(s) that (he/she/it/they) will not interfere with Grantee's use of this Easement, or with Grantee's ability to repair and maintain the system thereon, and hereby covenant and agree that, except for such fencing as is reasonably required by Grantor(s) to secure (his/her/its/their) adjoining property and the Servient Estate, (he/she/it/they) will not construct any permanent improvements on the Servient Estate or plant any trees or similar substantial perennial plants thereon. 4. Indemnification. Grantee shall indemnify and save and hold Grantor(s), (and each of them,) from and against all claims, actions or judgements, for damages, injury or death caused by or arising out of the failure or neglect of Grantee to properly construct, install, repair or maintain the system on the Servient Estate. 5. Covenants Run with the Land. This Easement shall be a burden upon the Servient Estate and shall run with the land. 6. Attorney's Fees and Costs. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover their or its costs incurred therein, including reasonable attorney's fees. 7. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. 8. Successors and Assigns. This Agreement, the Easement herein granted, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns to the above- described Dominant and Servient Estates, or any portion thereof. 9. Recordation. This Agreement shall be recorded in the Real Property Records of Ada County, Idaho. Permanent Easement Page 2 of 3 9 0 IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year set forth above. CITY of Meridian By: Gary Smith, P.E., Public Works Director Robert Corrie, Mayor ATTEST: Title: City Council Approval Date: STATE OF IDAHO ) ss. County of Ada ) Printed: ,J o J -" L z Date: _j D -j4- W, 2 o a -;z- Social Security Number: _ .4a LIM Printed: Date: On this day of , 20 , before me, a Notary Public in and for the State of Idaho, personally appeared , known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that (he/she/it/they) 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 Permanent Easement Page 3 of 3 LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT PARCEL # SO436314800 OWNED BY John L. Kennedy This permanent sanitary sewer easement is situated within the North half of the East half of the East half of the SW1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, State of Idaho. Being a 25.00 foot and 50.00 foot strip of land more particularly described as follows: Beginning at a brass cap marking the Northeast corner of the SE1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; Thence along the northerly line of said SE1/4 of Section 36 N89°08'35"W, a distance 2680.36 feet to the NW corner of said SE1/4; thence along the northerly line of SW1/4, N89°08'35"W, a distance of 663.50 feet more or less to a point, said point being the Northwest corner of the North half of the East half of the East half of the Southwest Quarter of Section 36, said point also being the POINT OF BEGINNING. Thence along said westerly line of the North half of the East half of the East half of the Southwest Quarter of Section 36, South, a distance of 175.00 feet to a point, Thence S89°08'35"E, a distance of 663.36 feet more or less to a point on the easterly line of the Southwest Quarter of said Section 36; Thence along said easterly line North, a distance of 50.00 feet to a point, Thence N89°08'35"W, a distance of 638.36 feet to a point being 50.00 feet east of the westerly line of the North half of the East half of the East half of the Southwest Quarter of Section 36; Thence North, a distance of 125.00 feet to a point on the northerly line of said Southwest Quarter of Section 36; Thence along said northerly line N89°08'35"W, a distance of 25.00 feet to the POINT OF BEGINNIG EXCEPTING THEREFROM the East 29 feet thereof. The easement described contains 0.80 acres more or less. EXHIBIT A- l d& r EXHIBIT A-2 50' PERMANENT EASEMENT 0.80± AC. SECTION LINE AND NORTH N89'08'35"W 663.50' LINE OF PARCEL 25.1 NE1/4, SW1/4, - SEC. 36 K r N O Z N89'08'35' 1 638.36' oI 589'08'35"E 663.36' 1 0 P.O.B. 663.36' 1 JOHN L. KENNEDY Inst. #7934725 1 SOUTH LINE OF PARCEL ' 29' EXCEPTION 0 Q w 0 � . J SECTION 36 T.4N., R.1W., B.M. v- wZ SW 1/4 z w Z W. USTICK ROAD SECTION LINE EXHIBIT A-2 REV. NO. DESC. BY: CK'D: CITY OF MERIDIAN PUBLIC WORKS DRAWN BY: —1111- DATE:oECEMBER 19, 2001 PROJECT: WHITE DRAIN SEWER TRUNK LINE CK'DBY: __K- SCALE: N.T.S. APPROVED: LEGAL: A PORTION OF SEC. ss , DWG. No: RW. --- T.4 N., R.1 W., B.M., ADA COUNTY, CITY ENGINEER DATE IDAHO. SHEET 1 OF _ EXHIBIT A-2 Robinson Appraisal Se e cor*rcial agricultural right of wa W4-- September 5, 2001 Mr. Donn R. Carnahan, P.E. Project Manager Keller Associates 131 S.W. 5th Avenue Meridian, Idaho 83642 e i ential F -x v' b; �- ,.G,. RE: The Kennedy property located north of Ustick Road, Meridian, Ada County, Idaho between North Linder and North Meridian Roads, Project Id.: White Drain Sewer Trunk project Parcel No.: 16 Plans Sheet No.: Date: April 2000 Property Address: Vacant land - No address Owners Name: John Kennedy Address of Owner: 218 Ruby Street Boise, Idaho 83705-5940 R/W Requirement: None Permanent Sewer Easement: 0.55 acre Temporary Construction Easement: 0.55 acre In accordance with our agreement, I hereby transmit the Appraisal report on the above referenced parcel. This report represents my estimate of value for the rights being acquired. By reason of investigation, study and analysis, m Kennedy parcel, ly estimate of the market value for the requirements located on the ocated north of Ustick Road, between North Linder and North Meridian Roads, Meridian, Ada County, Idaho, as of August 29, 2001, is Nine Thousand Five Hundred Fifty Dollars, ($9,550). Thank you for the opportunity to be of service to you. Respectfully submitted, ` l ott R. Robinson Idaho CGA -203 Scott R. Robinson Genera ppraiser 5991 W. State Street, Ste. A, Boise, ID 83703, TelReal Estate l.(( 08)853-5800, Fax2 _ (08)853 7272 �paq SAN 0 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this day of , John L. Kennedy, the "GRANTOR" and THE CITY OF MERIDIAN, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, and for the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to the GRANTEE an easement (the "EASEMENT") under, over, through and across that certain real property owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more particularly described or depicted on Exhibit "B" attached hereto and by this reference made a part hereof (the "Servient Estate"). This grant is made on the following terms: 1. Authorized Uses by GRANTEE. The GRANTEE's use of the Easement granted herein shall be in connection with the construction of a sanitary sewer trunk for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to GRANTEE in connection with such sewer construction and improvement, and for ingress and egress to and from the area of construction. 2. Use by Others Under GRANTEE. The GRANTEE's right to so use the Servient Estate during the term of the Easement shall extend to use by GRANTEE's elected officials, employees, contractors and agents. 3. Term This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture and terminate on the completion of the sanitary sewer trunk project construction. On the expiration of the term of this Easement, the rights and privileges granted to GRANTEE hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. GRANTEE hereby indemnifies and holds GRANTOR harmless from and against any and all loss, injury, death and damage, and attorneys' fees and costs that might be incurred by GRANTOR in defending any such claim, that shall result from the use of the Servient Estate by GRANTEE, its elected officials, employees, contractors and agents, hereunder. 5. Restoration on Expiration of Term. On the expiration of the term of this Easement, the Servient Estate shall be restored by GRANTEE, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. 6. Binding Effect. This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of (i) GRANTEE AND GRANTOR, respectively, and their successors and assigns. Temporary Easement Page 1 of 2 TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove set forth. GRANTOR covenants to the GRANTEE (a) that the GRANTEE shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, (b) GRANTOR warrants to the GRANTEE that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to GRANTEE. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by (alternate, if Grantor is a corporation or other entity.- "and on behalf of the') GRANTOR, the day, month and year herein first above written. CITY of Meridian By By: Gary Smith, P.E., Public Works Director Robert Corrie, Mayor ATTEST: Title: City Council Approval Date: Temporary Easement Page 2 of 2 GRANTORS: By: Printed: _1 ,-9 A L Date: J o—x 3 ,v .. zoo z_ Social Security Number: �'/q _ 3,0 — 3 y/� I Printed: Date: EXHIBIT B-1 � a� U C (Ci w o �, �Y • 0 March 22, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING March 26, 2002 APPLICANT Public Works Department ITEM NO. — REQUEST Tabled from March 19, 2002: Latecomers Agreement Request for Jackson's Food Stores: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See Previous Item Packet ill-Ile J k Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. 0 Memo To: Mayor and City Council From: Brad Watson, P.E. IA/) CC: File, Gary Smith, PE, City Clerk Date: 3/22/2002 0 RECEIVED CITY OF MERIDIAN CITY (-,I__ERK OFFICE Re: Proposed Agenda Items for Council Meeting March 26, 2002 The Public Works Department respectfully requests that the following items be placed on the March 26 City Council agenda for Council's consideration. We request the following item be placed on the Consent Agenda: 1) Ashford Greens No. 6 Storm Water Drainage Easement. This easement agreement is for storm water drainage facilities on City property (Cherry Lane Golf Course). It is a three party agreement between the City of Meridian, Brighton Corporation and Ada County Highway District that addresses light and heavy maintenance of the storm water facility. A similar agreement has been executed for Ashford Greens phases 3 and 5. A copy of the agreement is included for your review. Recommended Council Action: Approval We request the following items be placed on the Public Works Department Reports portion of the agenda: 1) White Drain Trunk Sewer Permanent and Temporary Construction Easement — John Kennedy. Since this issue was last discussed at the February 5 Council meeting, we have met with Keller Associates and Mr. Kennedy several times (separately). We ask for discussion with Council of this issue. 2) White Drain Sewer Trunk — Award of Contract. Bids were From[he desk received February 27 for the construction of the White Drain Sewer Trunk. The eight bids were: Brad Watson, RE City Engineer Meridian Public Works I)Tartrrmt Thueson Construction (Nampa) $994,060.10 660 E. Wdertower Lane, Suite 200 Sommer Construction (Nampa) $1,139,275.50 Merid� Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 wA%mb@cLrneridian.id.us 0 Page 1 0 • Owyhee Construction (Boise) $1,161,000.00 Brown Construction (Nampa) $1,258,476.50 MASCO (Boise) $1,304,824.90 T.A. Dibble Excavation (Boise) $2,129,858.20 (arithmetic error caused extremely high bio Bodiford Construction Boise) $1,530,478.10 S-2 Construction (Oregon City) $1,544,980.00 Engineer's Estimate $1,497,949.00 Sommer Construction submitted a formal protest of Thueson Construction's bid for several reasons including lack of corporate seal on bid, absence of notary statement/seal on bid bond and experience/qualifications. We have contacted references, met with Thueson Construction and met with Bill Nichols twice so far on this matter. Thueson Construction has provided additional documentation as requested and we intend to go over that material with Mr. Nichols Monday or Tuesday in order to provide a recommendation to City Council at the March 26 meeting. Recommended Council Action: 3) latecomers Agreement Request From Jackson's Food Stores. See memo dated March 18, 2002 from Bruce Freckleton regarding this matter. 4) White Drain Sewer Trunk — Crossing and Easement Agreement, Settlers Irrigation District. Enclosed is a proposed agreement between the City and Settlers Irrigation District for construction within and crossing of their facilities as part of the White Drain Sewer Trunk project. It is similar in nature to the license agreements we have executed with Nampa & Meridian Irrigation District in the past. The only problem 1 see with the agreement is contained in Paragraph 3 on Page 3 regarding the construction period. Keller Associates contacted Settlers Irrigation District's attorney about this and was told that this part could be amended. A copy of the proposed agreement is enclosed. Recommended Council Action: Approve Crossing and Easement Agreement with Settlers Irrigation District, contingent upon clause limiting period of construction being removed or amended, and authorize the Mayor to sign and the City Clerk to attest. Thank you. Please contact me if you have any questions regarding any of these items. 0 Page 2 To: Mayor, and City Council RECEIVED From: Bruce Freckleton, Senior Engineering Tech Re: Request for Latecomer's Agreement by Jackson's Food Stores C I TY OF MERIDIAN CITY CLERK OFFICF We have reviewed the above referenced request and offer the following comments: In the fall of 1995, Jackson's Food Stores completed construction on a new water main, to bring service to their new station on the southwest corner of Magic View Drive and Eagle Road. Prior to this extension, the City did not supply water to the west side of Eagle Road. The applicants project was the first commercial project west of Eagle Road. The applicant has requested an Agreement to recover the Latecomer's percentage of their submitted total billings of $41,791.35. Prior to this request, received March 4, 2002, all of the parcels within what would be considered the Latecomer's Area, have been developed. The opportunity for collecting Latecomer's fees with each building permit has passed. cum -004 M AutomotWe.CM.dm • HUB OF TREASURE VALLEY i MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie CITY OF MERIDIAN (208) 288-2499 Fax 288-2501 PUBLIC WORKS CITY COUNCIL MEMBERS 33 EAST IDAHO BUILDING DEPARTMENT Tamm e Y dWeerd (208) 887-2211 • Fax 887-1297 Keith Bud MERIDIAN, IDAHO 83642 Cherie McCandless (208) 888-4433 • FAX (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARTMENT William L. M. Nary (208) 884-5533 • FAX 888-6854 MEMORANDUM: March 18, 2002 To: Mayor, and City Council RECEIVED From: Bruce Freckleton, Senior Engineering Tech Re: Request for Latecomer's Agreement by Jackson's Food Stores C I TY OF MERIDIAN CITY CLERK OFFICF We have reviewed the above referenced request and offer the following comments: In the fall of 1995, Jackson's Food Stores completed construction on a new water main, to bring service to their new station on the southwest corner of Magic View Drive and Eagle Road. Prior to this extension, the City did not supply water to the west side of Eagle Road. The applicants project was the first commercial project west of Eagle Road. The applicant has requested an Agreement to recover the Latecomer's percentage of their submitted total billings of $41,791.35. Prior to this request, received March 4, 2002, all of the parcels within what would be considered the Latecomer's Area, have been developed. The opportunity for collecting Latecomer's fees with each building permit has passed. cum -004 M AutomotWe.CM.dm March 15, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING March 19, 2002 APPLICANT Public Work's Department -- Gary Smith ITEM NO.—A3 REQUEST Latecomers Agreement Request for Jackson's Food Stores AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. r� u RECEIVED MAR 1 12002 City of Meridian City Clerk Office Interoffice Memo uato March 11, 2002 T« Will Berg Cc File 11—iF Fim- Bruce Frecklet RE: Latecomers Agreement request from Jackson's Food Stores Attached you will find a request for a latecomers agreement from Jackson's Food Stores, for their Eagle Road store. Back in 1995 Jackson's built a water main across Eagle Road from the existing main installed for St Luke's. This main extension was for the new Jackson's store, the first commercially developed site on the west side of Eagle Road. Since the time of installation, the parcels that would be subject to latecomers have been developed. I assume that this request will still need to go to the Council, at which time I can make recommendations. Please get back to me with any additional thoughts that you may have. Thanks From the desk of. .. Bruce A. F'ieton Seffior Eng6W"b* Tech. Meridian Public Works Depathnent 660 E. Watertower lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax. (208) 887-1297 �,t�GIN EEe � N r 0 lop O QRS • Sv 9 HUBBLE ENGINEERING, INC. 701 S. Allen St., Suite 102 ■ Meridian, ID 83642 February 25, 2002 Mr. Bruce Freckleton City of Meridian 660 E. Watertower, Suite 200 Meridian, ID 83642 RE: Jackson's Food Stores Latecomer Agreement Dear Mr. Freckleton: 40 208/322-8992 ■ Fax 208/378-0329 We are requesting, on behalf of Jackson's Food Stores that the City of Meridian enter into a Water Latecomer's Agreement with Jackson Food Stores in accordance with Section 9-1-13 "Cooperative or Reimbursement Agreements" of the Meridian City Code. The details of the request are as follows: ➢ The subject property is located at 625 N. Eagle Road, Meridian, ID 83642 ➢ The current owner (and owner at the time of the improvements) is: Jackson's Food Stores, Inc. P.O. Box 52085 DC 17 Phoenix, AZ 85072 ➢ The subject property is further identified as Parcel No. 0114 of Lot 11, Magic View Amended Subdivision, Ada County Parcel No. R5443010114. ➢ In 1995, the owner paid Bitterroot Construction the sum of $41,791.35 to construct a water main and appurtenances across Eagle Road and across part of the frontage of the subject parcel. ➢ The water improvements constructed clearly benefit the parcels fronting Magic View Drive and Allen Street as well as the subject parcel. ➢ Property owners who have constructed downstream water improvements similar to this have requested and received latecomer agreements. In regard to Section 9-1-13 of the Meridian City Code, we believe that this meets the letter and the intent of the code: ➢ The water system extension was constructed by the owner at his own expense in a public right-of-way. ➢ The extension was constructed with prior approval of the City and in accordance with the standards and designs of the City. ➢ The extension may be determined by the City, to benefit properties other than the users as has been consistent with other requests on this same line. ➢ The code does not specify a time limit in which the request must be made. I:\WIP\Vickie\Ltr-JacksonsFoods-0127800-CityofMeridian-02-25-02.doc Page I of 2 As to the numbered requirement of Section 9-1-13: 1. The owner is requesting a duration of the agreement of ten (10) years from the time of construction. 2. The owner is requesting a proportionate share of the actual costs as determined by standard City practice. 3. The owner is not requesting payment of interest. 4. The owner acknowledges the 10% administrative fee. 5. The owner is requesting that a portion of the reimbursement be used to offset fees due under the Namah Laxmi Water Latecomer's Agreement. 6.40. The owner acknowledges provision of the code. I have attached copies of the invoice and cancelled check for the construction costs and a map indicating the subject parcel. Please contact me if you have questions or need additional information. Sincerely, David A. Bailey, P.E. Enc. cc: Jack Davis, Jackson Foods I:\WIP\Vickie\Ltr-JacksonsFoods-0127800-CityofMeridian-02-25-02.doc Page 2 of Feb 19 02 10:08a Jack Davis 0 J/4&SON FOOD STORES - MERIDIAN, IDAHO DATE LOCATION REFERENCE 11 3 r22' 11/14/1995 0024 m A 0247oc Total I * Total Check * I 41,791-35 41,791.35 41, 791. 35 20820884389 P. 3 41,791-735 -Y 0,00 41; ', C? 1 0.00 91 Vendor Number 244 Feb 19 02 10:10a Jack Davis 2082884389 p.4 WOME NO. BITTERROOT CONSTRUCTION, INC. INVOICE 2106 Chippewa Boise, Idaho 83708 N2 3522 208-342-0100 SOLO TO SNIP TO A d Vox 6 :r—s4—h*cD �l� � WI A2s/A �• 8303 l.�f[ Feb 19 02 10:10a Jack Davis 2082884389 p.5 BITTERROOT CONSTRUCTION, INC. 2106 Chippewa Boise, Idaho 83709 (208) 377-2600 WORK ORDER FOR CONTRACT CHANGES DA -E: 1217-2-T OFFICE N0. JOB NO.I WORK ORDER NO. CIS 12- ORDERED FOR CUSTOMER Or ORDER RECEIVED By: NAM�E'7O/F�JOB: �r c �Q� J CT CV_5o `L� 5 , D26S JOB ADDRESS: �/[�� `^ "�' F NAME OF CUSTOMER: Lk)eST-mg _p 6u c -Df S BILLING ADDRESS: SCOPE OF WORK Abbill g wD?1L aJ B CI DI WATKf-Ae.T"&lr 1 IL O to" w�'TOS G 6Kl'-TIN 6AS UN6 ft—sp if ZOO LF x 4-'W = it 20 5F e 125- 00 M fX 2130 LF x 4 W it .6,7 po rq x t. z r sly it 7 Pf5.pHW cu ZOO t - SO 14-DT ftl A+C' lj4ULQrf 4 fig- D 7tW WK a 4-V-' ► $ O = ugh 4- EA- L j29F 3 o>D I Zoo Z A d D T� Ad S E(�E Tl o►�LS 6C tA64_f D 11wj WA7-L btVAtm&Jr A--Jb Qql,V67s : lMi,4 $ t,367 53 +- TAX 1,435 i Casr 3,1 z z q , 1 '/A Ori : P 4&e)4!+ - CUSTOMER AUTHORIZATION 'faT6t- * 3,59 t 3S aVERBAL ORDER: ❑ WRITTEN ORDER: ❑ SASEO ON OUR ESTIMATE: ND. DA Tf: NO DATE: I NO DATE: NOTE TO CUSTOMER: THE ABOVE WORK IS A CHANGE IN THE SCOPE OF OUR CONTRACT. WITH A COPY OF THIS WORK ORDER WE ARE NOT- IFYING OUR FIELD FORCES TO PROCEED WITH THE WORK WITH THE UNDERSTANDING THAT THE PRICE AND TIME REQUIRED FOR THIS CHANGE ARE: ❑ TO BE SUBMITTED LATER PENDING APPROVAL AL APPROVED TIME EXTENSION FIXED PRICE CONTRACT CHANGE = $ GUARANTEED MAXIMUM COd TRACT CHANGE $ $ FEE CHANGE S S OTHER Feb 19 02 10:11a Jack Davis CSD IE�tuAi. PtpE�!T7,raL LIST szo LF to" ca - 1 e PVC p,l': � � tZ � ,� riypinJr. st.6Eu� t EA 10 /til r Ft AO6E TAf.A I & VI'L 2 EA to r(. wV . F l_.°1� Tt6 2 E, 6.. �y,r r FuAWyE GAM NAVIC- 2 t�+ FieE nycew,�r 2 L* F 1 ae try een•rr t LeR 1tJ" My Snub pt.tdG. 20884389 p.6 COST CP 'VAL rES i F 1 Tiro" 2'7 az°= s46S 64b 139a�' , A76.o 3 8 Z �V .. . 5f;5 ' w ` N 40 �° -19 8 1S7 30S 'p �► I 44 ISO - �1 ta16?5z LAC to- 1 E,A tZ r to TMpi�: 5i+6f-v� rza 10-• F LA%6E . f-t.Al�r� rn� pr�aG VAUJE 3 to- t:LAP46 E, to , 6 MTX 'T" Z to h" eoy_. FtMr6c: GAI* 10"46 2 L* F 1 ae try een•rr 4S' 11, T F t 11.1E1E a<(-�OIJ 3 &A to", A -S° WIT ItiB04J I &4 to r 6 FLA -I&-0 r66 I Ea to'- rnr r Ft.Ca ,O4AApr62 l EA 1 a. IAV + F(J!m► c:E 6*Tw_ YAW& '7 Eh 1 o " r!G Lu G 20884389 p.6 COST CP 'VAL rES i F 1 Tiro" 2'7 az°= s46S 64b 139a�' , A76.o 3 8 Z �V .. . 5f;5 ' w ` N 40 �° -19 8 1S7 30S 'p �► I 44 ISO - �1 ta16?5z JACKSo'N'S FOOD STORES ROS Parcels Subdivisions i Streets -- collector local —minor art —prin_arter ® interstate + + railroad SCALE 1 : 9,600 500 0 500 1,000 1,500 FEET http://c1025/hubble/hubble2.mwf L)I Tuesday, February 26, 2002 9:21 AM March 22, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING March 26, 2002 APPLICANT Public Works Department ITEM NO. — —�-� REQUEST White Drain Sewer Trunk -- Crossing and Easement Agreement, Settlers Irrigation District: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS Contacted: Date: Phone: Matedals presented at pubic meetings shall become property of the City of Meddlan. City of Meridian Public Works Dept. Memo To: Mayor and City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk 0 RECEIVED 2 ,)r L c�ii? CITY OF MERIDIAN CITY CLERK OFFICE Date: 3/22/2002 Re: Proposed Agenda Items for Council Meeting Mare 26, 2002 The Public Works Department respectfully requests that the following items be placed on the March 26 City Council agenda for Council's consideration. We request the following item be placed on the Consent Agenda: 1) Ashford Greens No. 6 Storm Water Drainage Easement This easement agreement is for storm water drainage facilities on City property (Cheng Lane Golf Course). It is a three party agreement between the City of Meridian, Brighton . Corporation and Ada County Highway District that addresses light and heavy maintenance of the storm water facility. A similar agreement has been executed for Ashford Greens phases 3 and 5. A copy of the agreement is included for your review. Recommended Council Action: Approval We request the following items be placed on the Public Works Department Reports portion of the agenda: 1) White Drain Trunk Sewer Permanent and Temporary Construction Easement — John Kennedy. Since this issue was last discussed at the February 5 Council meeting, we have met with Keller Associates and Mr. Kennedy several times (separately). We ask for discussion with Council of this issue. 2) White Drain Sewer Trunk —Award of Contract. Bids were From the dwk of received February 27 for the construction of the White Drain Sewer Trunk. The eight bids were: BndWalson,P.E. C4 F DWarfinat Thueson Construction (Nampa) $994,060.10 660 E.W�alatrnual�ane,su 200 Sommer Construction (Nampa) $1,139,275.50 MeaidivA Idaho 83642 (208) 898-5500 I= (208) 887-1297 wats�idian idus 0 Page 1 0 Owyhee Construction (Boise) $1,161,000.00 Brown Construction (Nampa) $1,258,476.50 MASCO (Boise) $1,304,824.90 T.A. Dibble Excavation (Boise) $2,129,858.20 (arithmetic error caused extremely high bid? Bodiford Construction Boise) $1,530,478.10 S-2 Construction (Oregon City) $1,544,980.00 Engineer's Estimate $1,497,949.00 Sommer Construction submitted a formal protest of Thueson Construction's bid for several reasons including lack of corporate seal on bid, absence of notary statement/seal on bid bond and experience/qualifications. We have contacted references, met with Thueson Construction and met with Bill Nichols twice so far on this matter. Thueson Construction has provided additional documentation as requested and we intend to go over that material with Mr. Nichols Monday or Tuesday in order to provide a recommendation to City Council at the March 26 meeting. Recommended Council Action: 3) latecomers Agreement Request From Jackson's Food Stores. See memo dated March 18, 2002 from Bruce Freckleton regarding this matter. 4) White Drain Sewer Trunk — Crossing and Easement Agreement. Settlers Irrigation District Enclosed is a proposed agreement between the City and Settlers Irrigation District for construction within and crossing of their facilities as part of the White Drain Sewer Trunk project It is similar in nature to the license agreements we have executed with Nampa & Meridian Irrigation District in the past The only problem I see with the agreement is contained in Paragraph 3 on Page 3 regarding the construction period. Keller Associates contacted Settlers Irrigation District's attorney about this and was told that this part could be amended. A copy of the proposed agreement is enclosed. Recommended Council Action: Approve Crossing and Easement Agreement with Settlers Irrigation District, contingent upon clause limiting period of construction being removed or amended, and authorize the Mayor to sign and the City Clerk to attest. Thank you. Please contact me if you have any questions regarding any of these items. 0 Page 2 0 CROSSING AND EASEMENT AGREEMENT This Crossing and Easement Agreement ("Agreement") is entered into and made effective this day of 2002, by and between SETTLERS IRRIGATION DISTRICT ("District"), an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, whose address is Post Office Box 7571, Boise, Idaho 83707, and THE CITY OF MERIDIAN ("City"), a Municipal Corporation in good standing in the State of Idaho, whose address is 660 E. Watertower Lane, Meridian, Idaho 83642. WITNESSETH: WHEREAS, the District owns and maintains a system of canals, laterals and drains, including White Drain and Coleman Lateral, for purposes of delivering and removing irrigation water to and from its landowners, together with easements to convey water in such canals, laterals, drains; easements for ingress and egress; and for the operation, inspection, maintenance, and repair of the canals, laterals, and drains; WHEREAS, the City desires to obtain permission from the District for the encroachment upon the District's easement of one sewer trunk ("Sewer Trunk") on the White Drain Canal; and for the crossing of said Sewer Trunk under the Coleman Lateral Canal; WHEREAS, the District desires to grant the City permanent limited encroachment upon the District's easement, subject to the terms of this Agreement, for the constructed Sewer Trunk for the City's use; CROSSING AND EASEMENT AGREEMENT - 1 031302 1430 BOI MT1375795.2 (a) The encroachment upon the White Drain easement will be at Section 36 T. 4N., R.1 W., B.M. NW '/4 (Exhibit A), Section 36 TAN., R.1 W., B.M. SW '/4 (Exhibits B and C), Section 35 T. 4N., R.1W., B.M. NE'/4 of SE 1/4 (Exhibit D), and Section 36 TAN., R.1W., B.M. SE'/4 (Exhibit E) in Meridian, Ada County, Idaho as described in Exhibits A - E, attached hereto and incorporated herein by reference. (b) The crossing on the Coleman Lateral will be at as described in Exhibit F. NOW, THEREFORE, in consideration of the mutual benefits to be received by the District and the City, and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: Grant of Permission. The District hereby grants permission to the City for the purpose of constructing the Sewer Trunk at the location described in Exhibits A-E, and in strict accordance with the plans and specifications attached as Exhibit F. No construction involving or affecting the White Drain or the Coleman Lateral may begin until the effective date of this Agreement and all such construction must be completed prior to April 1, 2002, or any subsequent date agreed upon in writing by the District. The City expressly acknowledges and agrees that this Agreement does not grant the City the right to install any property or equipment, except as may be described in this Agreement, or the right to impair any rights of the District or others in the use of the White Drain or Coleman Lateral Canals. This grant is expressly conditioned upon the prior receipt by the City of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terms of this Agreement, and is further expressly conditioned upon the CROSSING AND EASEMENT AGREEMENT - 2 031302 1430 B01 MT1:375795.2 • 0 District's prior written approval of all drawings and plans concerning the activities to be conducted by the City under this Agreement. 2. Grant of Easement and Relinquishment of Prior Easement. City hereby grants to the District permanent easements, as described in Exhibits A - E, for the White Drain and for an access road for the District's use by said easements. City conveys and grants to the District all rights of access to the described real property for operation, maintenance, repair, and replacement of its facilities. 3. Installation and Inspection. The City, following execution of this Agreement by the parties, and after February 1, 2002, may commence construction as described in Exhibits A - F. The City, or its agents or contractors, shall perform all work contemplated by the terms of this Agreement in a workmanlike manner. The City agrees to assume all responsibility, including general liability and costs for the construction. Any construction or other activities by the City which may impede or impair the flow of water through White Drain and Coleman Lateral Canals may only be performed during the 4�_ 4O non -irrigation season, which is usually between November 1 and March 15. The ity expressly acknowledges that, notwithstanding the City's assumption of certain responsibilities and receipt of certain rights under this Agreement, the District does not relinquish its ownership rights in any portion of White Drain and Coleman Lateral Canals. 4. Representations and Warranties. (a) District. The District represents and warrants that: (i) the District is an irrigation district organized and existing under and by virtue of the laws of the State of Idaho; (ii) the District has the capacity to enter into and perform the District's obligations under this CROSSING AND EASEMENT AGREEMENT - 3 031302 1430 BOI MT1:375795.2 • Agreement; (iii) all organizational and other actions required to authorize the District to enter into and perform this Agreement have been properly taken; and (iv) this Agreement has been properly executed and delivered by the District and is valid and binding upon the District in accordance with its terms. (b) Com. The City represents and warrants that: (1) it is a municipal corporation organized and in good standing in the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all actions required to authorize the City to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properly executed and delivered by the City and is valid and binding upon the City in accordance with its terms; and (v) it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement. Indemnity. The City agrees to protect, defend, indemnify, and hold the District and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of the City, its agents, or contractors related to or in connection with its activities under this Agreement and the exercise of any privileges or performance of any obligations by the City hereunder. Furthermore, the City agrees to protect, indemnify, and hold the District and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of water quality violations, flooding, or any interruption or CROSSING AND EASEMENT AGREEMENT - 4 031302 1430 BOI MT1 375795.2 0 interference with the flow of water in White Drain Canal or Coleman Lateral Canal caused by any act or omission of the City or its agents. 6. No Liens. The City shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of the City, its agents, or contractors, to attach to White Drain Canal or Coleman Lateral Canal or to any adjacent lands held by the District. 7. Binding AP-reement. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. Further Consideration. In further consideration for inducing the District to grant this Agreement, the City agrees to promptly pay all legal expenses incurred by the District relating to the negotiation, preparation, and execution of this Agreement. 9. No Waiver. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. 10. Limitations on Liability. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. CROSSING AND EASEMENT AGREEMENT - 5 031302 1430 BOI MT1 375795.2 • 0 11. Interpretation. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 12. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 13. Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. Amendments to this Agreement shall be made only by written instrument executed by each of the parties hereto. 15. Recording. This Agreement shall be recorded at the Ada County Recorder's Office. 16. Notices. All notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective upon receipt if sent by first class mail, postage prepaid, and addressed to the respective party hereto as follows or at such other address as a party designates in writing. SETTLERS IRRIGATION DISTRICT Post Office Box 7571 Boise, Idaho 83707 CITY OF MERIDIAN 660 E. Watertower Lane Meridian, Idaho 83642 CROSSING AND EASEMENT AGREEMENT - 6 031302 1430 B01 MT1:375795.2 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first set forth above. Attest: Vicki Keen, Secretary SETTLERS IRRIGATION DISTRICT By Richard Allen, President of its Board of Directors THE CITY OF MERIDIAN Authorized Agent for The City of Meridian CROSSING AND EASEMENT AGREEMENT - 7 031302 1430 BOI MT1:375795.2 STATE OF IDAHO ) ss. County of Ada ) On this day of, 2002, before me, the undersigned notary public in and for said state, personally appeared RICHARD ALLEN, President of the Board of Directors of Settlers Irrigation District, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he has the authority to execute and executed the same for the purposes therein contained on behalf of Settlers Irrigation District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires STATE OF IDAHO ) ss. County of Ada ) On this day of, 2002, before me, the undersigned notary -public in and for said state, personally appeared VICKI KEEN, Secretary of Settlers Irrigation District, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she has the authority to execute and executed the same for the purposes therein contained on behalf of Settlers Irrigation District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires CROSSING AND EASEMENT AGREEMENT - 8 031302 1430 BOI_MTI :375795.2 STATE OF IDAHO ) ss. County of Ada ) On this day of 2002, before me, the undersigned notary public in and for said state, personally appeared , authorized agent for The City of Meridian, known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he has the authority to execute and executed the same for the purposes therein contained on behalf of The City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires CROSSING AND EASEMENT AGREEMENT - 9 031302 1430 BOI MT1:375795.2 JAN.11.2002 4:32PM .LER ASSOCIATES INC N0.077 P NW 1/4 COR. SEC. 36 N 1/4 COR. SEC. 36 SECTION 36 TAN., RAW., B.M. � o NW 1/4 � � z �i NORTH LINE OF PARCEL DU Z� J z J. RAMON AND MARILYN YORGASON Inst. #100082476 Sl/2 WHITE DRAIN f _ 16' PERMANENT EASEMENT 0.57t AC. na6.ar I SECTION LINE AND SOUTH UNE OF PARCEL ` 1/4 COR' SEC. 36 t SEC. 36 P.O.B. DRAWN BY: --RL DATE: JULY 10 , 200, PROJECT: CK'D BY: _ _RE SCAL-E: N.T.S. WHITE DRAIN SEWER TRUNK LEGAL: A PORTION OF SEC. 36, DWG. No: RW._^_.— T,+ N., R_ L W., B.M., ADA COUNTY, Exhibit A IDAHO. SHEET I OF , 1 >cvurnTrr . JAN.11.2002. 4:32PM LER ASSOCIATES INC WHITE DRAIN PERMANENT EASEMENT W 1/4 COR. SECTION ltN SEC. 36 ~a 6 COR. P.O.@. 0 1.1;-o. _ — Q 515.0_ 920.15' (CALCULATED) `r I PARCEL 1 JOINT SCHOOL DIST. #2 MERIDIAN W Inst. ,#100100902 W 0 e� NW1/4 SWI/4 $� I L o PARCEL 2 0 W 2 U Z J Z N0.077 C 1/4 COR. T-- SEC. 36 bq SECTION 36 T.4N., R.1W., B.M. SW I/4 SW COR. SEC. 36 SECTION UNE W. USTICK ROAD IS 1/4 COR, SEC. 36 DRAWN BY: —!(L DATE: JULY 12 , 200.Ll l PROJECT: cx'DBY: RE SCALE: N.T.S. WHITE DRAIN SEWER TRUNK LINE LEGAL: A PORTION OF SEC. 36 . DWG. No: RW.___._ T.4 N., •R. L W., B.M., ADA COUNTY, Exhibit B IDAHO. SHEET 1 OF _ 1 2002 4:33PN K` LER ASSOCIATES INC W 1/4 COR. SEC. 36 r� ■ NO. 077 P.4 v 13' PERMANENT EASEMENT WHITE DRAIN 0.19 ± AC, 5 89'53' E 577-5. DEED C 1/4 COR. P.O.8, S 54.44'49' E 0.62'± I I I o W DALE E. COOPER oI F AND I I ry o KATHY A. COOPER I n Inst. #9029968 25' ExCEPnON OEM, I � I � V �W O m m z z SECTION 36 TAN., RAW., B. M. SW 1/4 Sw COR. SEC. 36 S 09'53' E 1329.9' DEED Q 672,5' DEED SECnON UNE W. USTICK ROAD 5 1/4 COR, SEC. 36 DRAWN BY: _ RG DATE: JULY 1_, 200.L PROJECT_ CKDBY: RE SCALE: N.T.S. WHITE DRAIN SEWER TRUNK LINE LEGAL: A PORTION OF SEC. se DWG. No: RW._.___ T.4 N., R., W., B.M., ADA COUNTY, Exhibit C IDAHO, SHEET I OF _ 1 EXHIRiT f JAN. 11. 2002, 4:33PM LER ASSOCIATES INC N0.077 P. 32' PERMANENT EASEMENT WHITE DRAIN NW CORNER NE1/4.SE1/4 SECTION UNE ANO NORTH LINE OF PARCEL c WEST t 3l a,3Y± E 1/4 COR. _ X1,20 AC. SEC. 35 x f ' EAST 931.66'- x M Sg �ss.o3� EAST 36' HOWELL—MURDOCH DEVELOPMENT CORP. z Inst. #99055221 z cl ti SOUTH LINE OF PARCEL SECTION 35 T.4N., RAW, B.M. NE 1/4 OF SE 1/4 SECTION LINE DRAWN BY: _ Rc I DATE: MARCH 17 , 2001 PROJECT: cxlD BY: _ _RE SCALE: N . T. S . WHITE DRAIN SANITARY SEWER TRUNK LEGAL: A PORTION OF SEC. 35, DWG. No: RW._.__ 1 Exhibit D T.4 N., R.W., B. M., ADA CO ^ UNTY, IDAHO. SHEET I OF I JAN. 11. 2002 4:33PM I IPa ocZgnrTOTC-C Tnv- �� o WHITE DRAIN NO. E 1/4 COR DRAWN BY: __aa DATE: A _GUST 30 2001 PROJECT: CK'D BY: __RE SCALE- N.T.S. WHITE DRAIN SEWER TRUNK LINE LEGAL: A PORTION OF SEC. 36, DWG. No: RW. T.4 N., R., W., B.M., ADA COUNTY, - - -- Exhibit E IDAHO. SHEET 1 OF J acv nvn �uvC o --- SEC. 36 r—L.4 P.O.S. _ .40' PERMANENT EASEuENr2.69 AC. NENT EASEMENT 0.11 AC. SO436417200 SO436438554 LINE TABLE Lt S00'28'32"W 30.51' I L2 S89'09'15'E 119.96- L3 SOO26.52-W 124.52' : L4 S89138'35% 621.83 LS S7227'28'E 180.16' I L6 N0023'51'E 206.73' O L7 S89'14'08'E 343.77' L8 N70'04'24'E 144.74' O L9 589'08'35"E 364.67' L10 N00'51'25"E 154.62' L11 50051'25"W 326.99' I L12 S38'09'20'E 111.32' . L13 N51'50'40'E 276.54' -10'25E W W • L14 N69 131.01'Z. LIS S89'08'35"E ST4.44't �I O o I L16 50028'32"W 154.99'I _. c L17 589'08'35"E 119.94' `V HOWELL—MURDOCH DEVELOPMENT CORP., INC. Inst. #99096586 I SECTION 36 T.4N., R.1W., B.M. I i SE 1/4 i 1 �..�.._.._.._.. _ SE COR, SEC. 36 DRAWN BY: __aa DATE: A _GUST 30 2001 PROJECT: CK'D BY: __RE SCALE- N.T.S. WHITE DRAIN SEWER TRUNK LINE LEGAL: A PORTION OF SEC. 36, DWG. No: RW. T.4 N., R., W., B.M., ADA COUNTY, - - -- Exhibit E IDAHO. SHEET 1 OF EXHIBIT F Exhibit F is the final plans and specifications as described in: 1) City of Meridian, Idaho Contract Document and Specifications for Construction of the White Drain Sanitary Sewer Trunk Dated: January 2002 Prepared by: Keller Associates and 2) City of Meridian, Idaho Drawings for Construction of the White Drain Sanitary Sewer Trunk Dated: January 2002 Prepared by: Keller Associates BOI MT1:375795.2 City of Meridian Public Works Dept. Memo To: Mayor Corrie From: Gary D. Smith, PE CC: file Date: 04/11 /01 Re: Land Lease Agreement —Well No.22 • '?'ECRI"D APR I 1 Joe G'MAVO itpFFIC;g ITY OF MF ,1'ULW RECEIVED APR 13 2001 CI'T'Y OF MERIDIAN Hi Mayor: Here are two copies of the Land Lease Agreem, ­_-,dAo.22, as approved by Council on March 27, 2001. This well is loc ,a in the soon to be developed Bear Creek Subdivision park area. The lease is required by IDWR because the subdivision is not yet recorded and the ownership of the property cannot legally be transferred to the City. Once the subdivision is recorded then the City will own the park area, in which the well is located. Please transfer to Will Berg after you have signed for his signature and that of the Notary. Thanks, Gary hm the desk of.. Fy D. Smith, PE h City Engineer bks Depae—t �nst, Suite loo " 83642-2600 • Page 1 (208) 897-2211 Fax (208) 887-1297 • LEASE • THIS AGREEMENT is made and entered into this -�2 7 day of AA . , 2001, by and between GREGORY B. JOHNSON, R. CRAIG GROVES, ROBERT R. BASS and TIMOTHY J. TAYLOR, as individuals, hereinafter referred to as the "Lessor," and THE CITY OF MERIDIAN, IDAHO, hereinafter referred to as the "Lessee." WITNESSETH: That the said Lessor, for and in consideration of the rents, covenants and agreements hereinafter mentioned on the part and behalf of the said Lessee to be paid, kept and performed, does by these presents grant, demise and lease unto the said Lessee, and the said Lessee does by these presents hire, rent and take from the said Lessor, that certain real property located on the following described real property, to wit: See Exhibit "A" attached hereto and, by this reference, incorporated herein as if set forth in full. TO HAVE AND TO HOLD said premises, together with the appurtenances, privileges, rights and easements thereto belonging, unto the said Lessee for the term of ten (10) years, said term to commence on January 1, 2001, and terminate on December 31, 2010, for the rental and upon the terms and conditions as follows: RENTAL: Lessee covenants and agrees to pay annual rent for said premises in the sum of ten dollars ($10.00) per year, payable on January 1 of each year commencing January 1, 2001. 2. USE OF PREMISES: Lessee covenants and agrees that the leased premises shall be used for a water well site, including pumping station and the construction thereof, and shall not be used for any other purpose or purposes without the prior written consent of Lessor. LEASE -1 3. MAINTENANCE: The leased real property is bare ground. Lessee agrees to maintain the real property in as good condition as the same is in at the time Lessee shall take possession of the property, reasonable wear, tear and damage by the elements excepted and at the termination of this Lease in any manner, Lessee shall surrender said premises to Lessor in such condition. 4. ALTERATIONS AND IMPROVEMENTS: Lessee shall have the right to make alterations and improvements to the real property by the construction of a municipal water well thereon and the addition of such other improvements consistent with municipal purposes. Lessee shall maintain all such alterations and improvements made by Lessee. Upon the termination of this Lease, such improvements as shall have been added or made by Lessee shall not revert to the Lessor, and shall not become a part of the real property so leased herein. 5. COMPLIANCE WITH LAW: Lessee agrees to comply with all municipal, state and federal laws, rules, regulations and ordinances and to do all things necessary to stay in compliance with the same. 6. UTILITIES: It is expressly agreed that during the full term of this Lease, Lessee shall furnish and promptly pay for any utilities required for the real property and improvements at Lessee's own cost and expense. 7. TAXES AND ASSESSMENTS: Lessor shall pay all real estate taxes and assessments of any kind levied against the above demised premises during the term of this Lease and any extension thereof promptly as the same become due. 8. ASSIGNMENT OR SUBLEASING: Lessee shall not assign this Lease nor sublet to any other lessee the said leased premises or any portion thereof, without the written consent first obtained of Lessor; provided, however, such consent shall not be unreasonably withheld by Lessor. LEASE - 2 9 9. LABOR CONTRACTS AND EMPLOYEES: The parties expressly covenant and agree that all labor contracts and employment agreements with employees providing services to or construction upon the real property shall be made directly with Lessee and that all such employees shall be deemed solely the employees of Lessee and in no way employees of Lessor. Lessee covenants and agrees to indemnify and hold harmless Lessor of and from any liability for any acts of employees of Lessee or any acts of persons working for Lessee under a labor contract. 10. WASTE PROHIBITED: Lessee shall not commit any waste or damage to the premises hereby leased nor permit any waste or damage to be done thereto. 11. LIABILITY: Lessor shall not be liable for any injury or damage which may be sustained by any person or property of the Lessee or any other person or persons resulting from the condition of said premises or any part thereof, or from the street or subsurface, or from any other source or cause whatsoever, nor shall the Lessor be liable for any defect in the structures on said demised premises, latent or otherwise, and Lessee agrees to indemnify and hold harmless Lessor from such liability. 12. LIABILITY INSURANCE: Lessee shall maintain a comprehensive liability insurance policy covering the above -demised premises during the term of this Lease with a responsible insurance company, all at the sole cost and expense of Lessee, in the names and for the benefit of Lessee and Lessor in the sum of $500,000.00 single -limit coverage. 13. FIRE AND EXTENDED COVERAGE INSURANCE: At Lessee's option, Lessee may maintain fire and extended coverage on the improvements to the real property placed thereon by Lessee and Lessor shall be under no obligation to maintain any fire or extended coverage insurance thereon. LEASE - 3 0 14. CONDEMNATION: If the entire premises, or a substantial part thereof, are condemned or taken by purchase in lieu thereof, then this Lease shall terminate as of the time possession is taken. 15. LESSOR'S RESTRICTIONS: Lessor further covenants and agrees that it will not construct, or allow to be constructed, any subsurface waste water or stormwater disposal facilities within 125 feet of the boundaries of the leased premises. 16. OPTION TO RENEW: Lessee, at Lessee's option, may renew this lease for nine (9) separate ten (10) year periods, upon the same terms and conditions set forth herein, by giving written notice of intent to renew to Landlord not later than 30 days before the end of the original lease period or any subsequent renewal thereof. 17. DEFAULT AND FORFEITURE: Time and the strict and faithful performance of each and every one of the conditions of this Agreement are expressly made the essence of this Agreement. If default be made by the Lessee in payment of any part of Lessee's rent when the same shall become due, or default be made by the Lessee in keeping, performing or observing any of the covenants and agreements herein contained and such default shall remain so for a period of thirty (30) days after written notice shall have been sent by certified or registered mail to Lessee as hereinafter provided, then in such event the Lessor may, at Lessor's election, either in law or equity, seek specific performance of this Agreement or may declare said term and Lease forfeited and ended and re-enter said demised premises again to repossess and enjoy the same as in their first estate, and the effect of such default shall in itself, at the election of Lessor, without further notice or demand constitute a forfeiture and termination of this Lease, and if thereafter the Lessee shall fail to surrender possession of the demised premises to Lessor, the Lessee shall be deemed guilty of an unlawful and forcible detention of said premises. If Lessee shall LEASE - 4 • 9 abandon or vacate said premises, or if this Lease be terminated for breach of any of the covenants and agreements herein contained, Lessee hereby agrees to pay all reasonable expenses incurred by Lessor in obtaining possession of said premises from Lessee, including reasonable legal expenses and attorney's fees, and to pay such other expenses as the Lessor may incur in putting the premises in good order and condition as herein provided, and also to pay all other reasonable and necessary expenses or commissions paid by Lessor in re-leasing the premises. In the event of notification of default by Lessor to Lessee and Lessee does in fact cure such default, then and in that event Lessee shall pay, in addition to all arrearages as existing under the notice of default, the reasonable attorneys fees incurred by Lessor in determination of the default and the notification to the defaulting Lessee. 18. HAZARDOUS SUBSTANCES - LESSOR: Lessor represents and warrants that there has been no release of hazardous substances on the property as defined by applicable Federal or State laws and regulations and holds Lessee harmless from any violation alleged to have occurred prior to Lessee's taking possession of the property. This covenant shall survive the closing of this transaction. Lessee represents and warrants that the premises will never be used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous substances as those terms are defined by applicable Federal or State laws and regulations. Lessee agrees to indemnify and hold harmless Lessor against any and all claims and losses resulting from a breach of this provision of this agreement. This obligation to indemnify shall survive the payment of the indebtedness and the satisfaction of this agreement. 19. ATTORNEY'S FEES: In the event an action is brought to enforce any of the terms or provisions of this Lease, or enforce forfeiture thereof for default thereof by either of the parties LEASE - 5 hereto, the successful party to such action or collection shall be entitled to recover from the losing party a reasonable attorney's fee, together with such other costs as may be authorized by law. 20. NOTICES: All notices required to be given to each of the parties hereto under the terms of this Agreement shall be given by depositing a copy of such notice in the United States mail, postage prepaid and registered or certified, return receipt requested, to the respective parties hereto at the following address: Lessors: C/O Gregory B. Johnson P.O. Box 340 Meridian, Idaho 83680 Lessee: City of Meridian 33 E. Idaho Meridian, ID 83642 or to such other address as may be designated by writing delivered to the other party. All notices given by certified mail shall be deemed completed as of the date of mailing except as otherwise expressly provided herein. 21. REPRESENTATIONS: It is understood and agreed by and between the parties hereto that there are no verbal promises, implied promises, agreements, stipulations, representations or warranties of any character excepting those set forth in this Agreement. 22. BINDING EFFECT: The provisions and stipulations hereof shall inure to the benefit of and bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto. 23. SITUS: This Lease is established and accepted by the Lessee under the laws of the State of Idaho, and all questions concerning its validity, construction and administration shall be determined under such laws. LEASE - 6 24. HEADINGS: The bolded paragraph headings are for convenience only and are not a part of this Lease agreement and shall not be used in interpreting or construing this Lease agreement. 25. SEVERABILITY: If any portion or portions of this Lease shall be, for any reason, invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect, unless to do so would clearly violate the present legal and valid intentions of the parties hereto. IN WITNESS WHEREOF, the Lessor and Lessee do execute this Lease Agreement the day and year first above written. B y:. ory nso By: R. Craig roves i I C By: Robe R. bass By: , Timothy J. Tay' , "Lessors" LEASE - 7 • STATE OF IDAHO, : ss. County of Ada, is CITY 0 IDIAN, IDA 0 By: , or Attest: City Clerk "Lessee" ai� tvw ,i t ApV, -M01 On this -3 day of Ao.,r,- 1 , 2001, before me, the undersigned, a Notary Public in and for said Stale, personally appeared Gregory B. Johnson, known or identified to me to be the person who executed the instrument, and acknowledged to me having executed the same. ;Sd'•_a:aervldlf (SEAL) tip" "• �' NOTARY k; .•a pUBL 9TF 0 F l� ,� STATE OF IDAHO, : ss. County of Ada, NOTARY PUBLIC FOR IDAHO RESIDING AT: - MY COMMISSION tXPIRES: On this day of A2 r, I , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared R. Craig Groves, known or identified to me to be the person who executed the instrument, and acknowledged to me having executed the same. 444444uue�����', (SEAL) �> = � ��;p ::.e�4- % w �`� • SOT AR yoweaND •� ' _* • LEASE - 8 TE 0 c l� i NOTA Y PUBLIC FOR IDAHO RESIDING AT: �J1' MY COMMISSION XPIRES: , 9 STATE OF IDAHO, ss. County of Ada, On this 3 day of A 1''r , 1 , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert R. Bass, known or identified to me to be the person who executed the instrument, and acknowledged to me having executed the same. (SEAL) ',•�aarrrrrrrrsr�,', 4titi .....:.eon 444 'tioTA1q�, S e PUBL1G • i v Tr o F i� ��(•►•����• STATE OF IDAHO, ss. County of Ada, NOTA Y PUBLIC FOR IDAHO RESIDING AT: 2) MY COMMISSION XPIRES: �Q dco L - On this —3 day of A01-11) , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared Timothy J. Taylor, known or identified to me to be the person who executed the instrument, and acknowledged to me having executed the same. r - . PUBLA C, -9 TF �F 1�P••• 4Z 7C7. •'� LEASE - 9 NOTARY PUBLIC FOR IDAHO RESIDING AT.` ��_� MY COMMISSION XPIRES: 9 ,4« -L— STATE OF IDAHO, 0 • ss. County of Ada. ) On this �n.day of, _ 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE 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. O ii • ' P f,' V (S!A�L _ * : NOTARY PUBLIC -FOR IDAHO •= RESIDING AT-// � - --/ *•,• pUBIlC -•o c MY COMMISSION EXPIRES: 4PE 01 �. ja/ZAWorklMlMeridianlBear Creek Sub Park LeaseVease.frm LEASE - 10 WK 1-1" POW OF - BEGINNING W. OVERLAND - R - OAD EXHIBIT "A" LAND LEASE PARCEL FOR CITY OF MERIDIAN DOMESTIC WELL NO. 22 1/4 CMdR6d f—PPAPM WELL LOCATION ,3 IME Ll L2 L3 L4 LS L6 BEM S WOS'07' E. 2500 N 0`51'53" E 312.10' N 0'51'53' E 200.00' S 8TOErO7' E 200.00' S 1751'53" W 200.00, N 89'08'07' W 200.00 March 22, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING March 26, 2002 APPLICANT Fire Department — Chief Bowers ITEM NO. — C' REQUEST Fre Truck Bids / Awards 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 Memo OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Memo Meridian Fire Department 540 E. Franklin Road Meridian, ID 83642 208-888-1234 Fax 208-895-0390 RECEIVED CITY OF MERIDIAN CITY CLERK OFFICF To: Mayor Robert Corrie, City Council Members, City Clerk Will Berg, Chairman Rich Green, Commissioner Elliott, Commissioner Leighton From: Ken W. Bowers Date: 3/21/02 Re: Request For Bid Meridian Fire Department advertised to purchase a new fire engine. Four different manufacturers picked up the specification sheets for the truck, with only one manufacturer returning a bid. North West Equipment did not return a bid, as they do not build custom chassis. The Lake City International representative did not return a bid as his son was hospitalized and General Fire does not build their trucks at one location rather at three or four different locations in various states and Canada. The bid we received from Hughes Fire Truck came in at $311,871.00. Our budget line item was $300,000.00 for this engine. By eliminating some equipment and paying for the chassis when it is completed, we were able to drop the price down to $300,747.00. If the City Council and the Rural Commissioners agree that we need to be below the budget line item, we can decline the 5 -year warranty on the transmission, further reducing the cost by $1,247.00 for a total of $299,500.00. The transmission does come with a standard 2 -year warranty. If you have any questions please contact me. l�l_J en W. Bowers, Chief Meridian Fire Department 0 Page 1 CONTRACT THIS AGREEMENT, made by and between Pierce Manufacturing Inc., Appleton, WI, first party, and The Meridian Fire Department by its authorized representative, second party WITNESSETH: First. The said first party hereby agrees to furnish the apparatus and equipment according to the specifications hereto attached and made a part of this contract, and to delivery the same as hereinafter provided. * * Second. The first party agrees that all material and workmanship in and about said apparatus and equipment shall comply with said specifications. In the event there is any conflict between Customer Specifications and the Pierce Proposal, the Pierce Proposal will prevail. The standard Pierce Warranty will apply. Third. This contract for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of contract signing, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of contract signing, except as modified by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customer as an addition to the price set forth below. Fourth. The said apparatus and equipment shall be ready for delivery from Appleton, Wisconsin, within about two hundred and forty (240) calendar days after the receipt and acceptance of this contract at the first party's office at Appleton, Wisconsin, delays due to strikes, failures to obtain chassis, materials, or other causes beyond its control not preventing, and shall be delivered to said party of the second part at Meridian Fire Department located at 540 East Franklin, Meridian, Idaho Fifth. A competent Iserviceman shall upon request, be furnished by first party to demonstrate said apparatus for second party and to give its employees the necessary instructions in the operation and handling of said apparatus. of Sixth. The second party hereby purchases and agrees to pay for said apparatus and equipment, the sum ***** Two Hundred Ninety Nine Thousand, Three Hundred Ninety Three and 001100 ***** One (1) Pierce Enforcer Pumper Dollars ($ 299,393.00 Payment shall be made directly to first party at its Appleton, Wisconsin office. Under no circumstances shall payment be made to the dealer, or any other party except Pierce Manufacturing Inc. Any representation that payment is authorized to be made to another party is in violation of this agreement. Net payment is due upon acceptance at Pierce Manufacturing Inc., Appleton, Wisconsin, unless otherwise specified herein. If deferred payment arrangements are made, such arrangements shall be in writing, and second party's obligation thereunder shall be evidenced by negotiable paper. ** FIRST continued Per bid Dated February 26, 2002 CONTRACT A chassis payment, in the amount of $148,794.00, is due upon completion of that portion, approximately three (3) months prior to delivery. If this payment is not made at that time, $4,464.00 will be added to the final invoice. If more than one piece of apparatus is covered by this contract, the above terms of payment shall apply to each piece, and an invoice covering each piece shall be rendered in the proper amount. Seventh. In case the second party desires to test the apparatus, such test shall be made within ten (10) days after arrival at destination, and a written report of such test forthwith delivered to the first party at its principal office at Appleton, Wisconsin. If no such test be made, or if no such report be made by the second party within ten (10) days after arrival, then said apparatus and equipment shall be considered as fully complying with contract specifications. Eighth. It is agreed that the apparatus and equipment covered by this contract shall remain the property of the first part until the entire contract price has been paid, but if more than one pierce of apparatus is covered by this contract, then each piece shall remain the property of the first party until the above listed price for such piece has been paid in full, and in case of any default in payment the first party may take full possession of the apparatus and equipment, or of the piece or pieces upon which default has been made, and any payments that have been made shall be applied as payment for the use of the apparatus and equipment up to date of taking possession. Ninth. This contract to be binding must be signed and approved by an office of Pierce Manufacturing Inc., or someone authorized by it to do so. This contract and specifications take precedence over all previous.negotiations and no representations are considered as entering into this contract except as are contained herein or in the specifications attached hereto. This contract cannot be altered or modified except by mutual agreement signed by the parties. IN WITNESS WHEREOF, the said parties have caused these presents to be executed and the second party has caused its seal to be affixed, and attested by its authorized representatives on this �C bey of Q l ` April 2002 The PIERCE MANUFA By Date of Acceptance OFFICIAL NOTICE FOR INVITATION TO BID NOTICE IS HERBY GIVEN that the City of Meridian and the Meridian Rural Fire Protection District invites bids for the following: ONE (1)1500 GPM FIRE PUMPER TRUCK DELIVERED AND ACCEPTED NO LATER THAN SEPTEMBER 15, 2002 Complete specifications and requirements are available, on request, from the Meridian Fire Department administration office, 540 East Franklin, Meridian, Idaho 83642 or telephone Chief Bowers at (208) 888-1234. All bids must be sealed with concise statement marked on the outside thereof generally identifying the items to which said bid pertains (Fire Truck Bid). All Bids must be presented to the Meridian City Clerk, at the City Hall Building located at 33 E. Idaho Avenue, Meridian, Idaho 83642, prior to 3:00 p.m., prevailing local time, on Tuesday, February 26, 2002. Bidders security shall be in an amount specified in an amount specified in the Pumper Specifications. A bid shall not be considered unless one (1) of the forms of bidders security is enclosed with it. All bids shall contain one (1) of the following: (a) Cash (b) Cashier's check made payable to City of Meridian (c) Certified check made payable to City of Meridian (d) A bidder's bond executed by a qualified security company, made payable to City of Meridian All such sealed bids which are received shall be opened by the Meridian City Clerk, at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho 83642. Bids will be opened and read aloud at 3:00 p.m. on Tuesday, February 26, 2002. The Mayor and City Council and the Fire District Commissioners reserves the right to accept or reject any and all bids or portions thereof, and to waive any informalities or irregularities of bids received if it is in the advantage of the City and Fire District. DATED this 7th day of February, 2002. THE OF MERIDIAN, IDAHO ob t D. Corrie, Mayor February 11th & 18th, 2002 Publishing Dates `10.vt'l ,Ty' 7. William G. Berg, Jr., City Clerk 4 VEAL Al CONTRACT THIS AGREEMENT, made by and between Pierce Manufacturing Inc., Appleton, WI, first party, and The Meridian Fire Department by its authorized representative, second party WITNESSETH: First. The said first party hereby agrees to furnish the apparatus and equipment according to the specifications hereto attached and made a part of this contract, and to delivery the same as hereinafter provided. * * Second. The first party agrees that all material and workmanship in and about said apparatus and equipment shall comply with said specifications. In the event there is any conflict between Customer Specifications and the Pierce Proposal, the Pierce Proposal will prevail. The standard Pierce Warranty will apply. Third. This contract for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of contract signing, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of contract signing, except as modified by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customer as an addition to the price set forth below. Fourth. The said apparatus and equipment shall be ready for delivery from Appleton, Wisconsin, within about two hundred and forty (240) calendar days --��.,r and acceptance of this contract at the first party's office at Appleton, Wisconsin, delays due to strike 's, or other causes beyond its control not preventing, and shall be delivered to said pari the second part at Meridian Fire Department located at 540 Ear Fifth. A competent serviceman shall upon request, be ite said apparatus for second party and to give its employees the necessary instructions in t e apparatus. Sixth. The second party hereby purchases and agrees to pay for said apparatus and equipment, the sum of ***** Two Hundred Ninety Nine Thousand, Three Hundred Ninety Three and 00/100 ***** One (1) Pierce Enforcer Pumper Dollars (S 299,393.00 ) Payment shall be made directly to first party at its Appleton, Wisconsin office. Under no circumstances shall payment be made to the dealer or any other party except Pierce Manufacturing Inc. Any representation that payment is authorized to be made to another party is in violation of this agreement. Net payment is due upon acceptance at Pierce Manufacturing Inc., Appleton, Wisconsin, unless otherwise specified herein. If deferred payment arrangements are made, such arrangements shall be in writing, and second party's obligation thereunder shall be evidenced by negotiable paper. ** FIRST CONTINUE PER PIERCE BID DATED FEBRUARY 26, 2002 t- CONTRACT A chassis payment, in the amount of $148,794.00, is due upon completion of that portion, approximately three (3) months prior to delivery. If this payment is not made at that time, $4,464.00 will be added to the final invoice. If more than one piece of apparatus is covered by this contract, the above terms of payment shall apply to each piece, and an invoice covering each piece shall be rendered in the proper amount. Seventh. In case the second party desires to test the apparatus, such test shall be made within ten (10) days after arrival at destination, and a written report of such test forthwith delivered to the first party at its principal office at Appleton, Wisconsin. If no such test be made, or if no such report be made by the second party within ten (10) days after arrival, then said apparatus and equipment shall be considered as fully complying with contract specifications. Eighth. It is agreed that the apparatus and equipment covered by this contract shall remain the property of the first part until the entire contract price has been paid, but if more than one pierce of apparatus is covered by this contract, then each piece shall remain the property of the first parry until the above listed price for such piece has been paid in full, and in case of any default in payment the first parry may take full possession of the apparatus and equipment, or of the piece or pieces upon which default has been made, and any payments that have been made shall be applied as payment for the use of the apparatus and equipment up to date of taking possession. Ninth. This contract to be binding must be signed and approved by an office of Pierce Manufacturing Inc., or someone authorized by it to do so. This contract and specifications take precedence over all previous negotiations and no representations are considered as entering into this contract except as are contained herein or in the specifications attached hereto. This contract cannot be altered or modified except by mutual agreement signed by the parties. IN WITNESS WHEREOF, the said parties have caused these presents to be executed and the second party has caused its seal to be affixed, and attested by its authorized representatives on this PIERCE MANUFACTURING INC. By Date of Acceptance day of April 2002 A l The C OT Me4,('4GVA-.) BY (Seal) 14?496 ?6 -Se - CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 26, 2002 at 6:30 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Ashford Greens No. 6 Storm Water Drainage Easement: 4. Department Reports: A. Accounting Department — Stacy Kilchenmann: 1. Finance Report: B. Public Works Department — Gary Smith: 1. White Drain Sewer Trunk Permanent and Temporary Construction Easement — John Kennedy: 2. White Drain Sewer Trunk — Award of Construction Contract: 3. Latecomers Agreement Request from Jackson's Food Stores: 4. White Drain Sewer Trunk — Crossing and Easement Agreement with Settlers Irrigation District: Meridian City Council Agenda— March 26, 2002 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Cleric's Office at 88"33 at least 48 hours prior to the public meeting. C. Fire Department — Chief Bowers: 1. Fire Truck Bids / Awards: 5. (Items Moved from Consent Agenda) 6. Public Hearing: MI 01-001 Request for a Street Name Change from East First Street to Main Street from Cherry Lane / Fairview Avenue south to East Central Drive or Overland Road: Meridian City Council Agenda —March 26, 2002 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 88811433 at least 48 hours prior to the public meeting. ** TX C04WTION REPORT ** DATE TIME TO/FROM 19 03/22 15:33 3810160 20 03/22 15:34 PUBLIC WORKS 21 03/22 15:35 2088881193 22 03/22 15:36 8841159 23 03/22 1537 2088840744 24 03/22 15:38 2088845077 25 03/22 15:39 208 898 5501 26 03/22 15:40 LIBRARY 27 03/22 15:42 208 388 6924 28 03/22 15:43 888 6854 29 03/22 15:44 2083757154 30 03/22 15:45 2083362100 31 03/22 15:46 8950390 32 03/22 15:48 208 387 6393 AS OF MAR 22 '02048 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'43" 002 155 OK OF --S 00'17" 002 155 OK EC --S 00'28" 002 155 OK EC --S 00'29" 002 155 OK EC --S 00'28" 002 155 OK EC --S 00'29" 002 155 OK EC --S 00'2B" 002 155 OK EC --S 00'33" 002 155 OK EC --S 00'33" 002 155 OK EC --S 00'28" 002 155 OK EC --S 00128" 002 155 OK EC --S 00'44" 002 155 OK EC --S 00'28" 002 155 OK EC --S 00'29" 002 155 OK ?68e- ?o% -t ✓ Pu-kotc c Vh( ice, — MY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 26, 2002 at 6:30 p.m City Council Chambers I. Roll -call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Ashford Greens No. 6 Storm Water Drainage Easement: 4. Department Reports: A. Accounting Department — Stacy Kilchenmann: 1. Finance Report: B. Public Works Department — Gary Smith: 1. White Drain Sewer. Trunk Permanent and Temporary Construction Easement — John Kennedy: 2. White Drain Sewer Trunk — Award of Construction Contract: 3. Latecomers Agreement Request from Jackson's Food Stores: 4. White Drain Sewer Trunk — Crossing and Easement Agreement with Settlers Irrigation District: Maidim Cay Council Agenda— March 26.2002 Page 1 of 2 All materials promand at public meetings shall become property of the City of Mcri&uL Anyone desnm aoeommodatioo for disabilities related to dommtass ao&or bandage please oaeaa dw City dak's Office at 88&4433 m Icust 48 bourn prior to the public meeting. ? 6 Se- ?D%f Y- Pu k(i c r (t3% C P. - / CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 26, 2002 at 6.30 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Ashford Greens No. 6 Storm Water Drainage Easement: 4. Department Reports: A. Accounting Department — Stacy Kilchenmann: 1. Finance Report: B. Public Works Department — Gary Smith: 1. White Drain Sewer Trunk Permanent and Temporary Construction Easement — John Kennedy: 2. White Drain Sewer Trunk — Award of Construction Contract: 3. Latecomers Agreement Request from Jackson's Food Stores: 4. White Drain Sewer Trunk — Crossing and Easement Agreement with Settlers Irrigation District: Meridian C9ty Council Agenda— March 26 2001 Page I of 2 All matedab preumal at pulAc meeting/ shall become property of the City of Mcridiaa Anyone desiring socommo"oo for disabilWas ectmcd to documents ao&or he.tinge Plea" coolant do Cay C1erVe Office at Ult 4433 at least 48 bows prior to the public mceting. ** TX CONF OI ON REPORT ** AS OF MAR 22 '00 :02 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01 03/22 15:49 CHERRY LANE EC --S 00'32" 002 155 OK 02 03/22 15:50 POST OFFICE EC --S 00'43" 002 155 OK 03 03/22 15:52 IDAHO ATHLETIC C EC --S 00'33" 002 155 OK 04 0322 15:53 Walter R Johnson EC --S 00'29" 002 155 OK 05 0322 15:54 208 467 9562 EC --S 00'32" 002 155 OK 06 03/22 15:55 208 868 6700 EC --S 00'28" 002 155 OK 07 0322 15:59 92083776449 EC --S 00'27" 002 155 OK 08 0322 16:01 Laurel EC --S 00'29" 002 155 OK 09 03/22 16:02 CHERIE MCCANDLES EC --S 00'36" 002 155 OK ? 6 Se- ?D%f Y- Pu k(i c r (t3% C P. - / CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 26, 2002 at 6.30 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Ashford Greens No. 6 Storm Water Drainage Easement: 4. Department Reports: A. Accounting Department — Stacy Kilchenmann: 1. Finance Report: B. Public Works Department — Gary Smith: 1. White Drain Sewer Trunk Permanent and Temporary Construction Easement — John Kennedy: 2. White Drain Sewer Trunk — Award of Construction Contract: 3. Latecomers Agreement Request from Jackson's Food Stores: 4. White Drain Sewer Trunk — Crossing and Easement Agreement with Settlers Irrigation District: Meridian C9ty Council Agenda— March 26 2001 Page I of 2 All matedab preumal at pulAc meeting/ shall become property of the City of Mcridiaa Anyone desiring socommo"oo for disabilWas ectmcd to documents ao&or he.tinge Plea" coolant do Cay C1erVe Office at Ult 4433 at least 48 bows prior to the public mceting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 26, 2002 at 6:30 p.m. City Council Chambers 1. Roll -call Attendance: ITammy de Weerd Bill Nary Cherie McCandless Keith Bird ,)_ Mayor Robert Corrie 2. Adoption of the Agenda: 42��ro v c_ 3. Consent Agenda: A. Ashford Greens No. 6 Storm Water Drainage Easement: 4. Department Reports: A. Accounting Department - Stacy IGlchenmann: '4,2. Finance Report: �O, er e4 S. Public Works Department - Gary Smith: 1. White Drain Sewer Trunk Permanent and Temporary Construction Easement - John Kennedy: w &--tL a, 67__.4- 2. White Drain Sewer Trunk - Award of Construction Contract: A i?,W12 2, Zoo 2 /wry. 3. Latecomers Agreement Request from Jackson's Food Stores: G�"" ✓ refW-rf 4. White Drain Sewer Trunk - Crossing and Easement Agreement with Settlers Irrigation District: Age,( 1v hAt n.c.vlecvea b y Meridian City Council A =da — March 2C 200 Page 1 ort All andaink promoted ar public meetings shag become "arty ofthc City of Ma idian. Myons dcairing aeeommodtioo for disabilities related to docomem and/or bamioge ptaue comas the l:cy Gene's Office at 88$4133 at len[ 48 haul prior to the public meeting. ** TX CONF&ION REPORT ** AS OF MAR 27 '008 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01 0327 10:50 8950390 EC --S 00'30" 002 028 OK 02 0327 10:51 Laurel EC --S 00'31" 002 028 OK 03 0327 10:52 208 387 6393 EC --S 00'30" 002 028 OK 04 0327 10:54 CHERRY LANE EC --S 00'35" 002 028 OK 05 0327 10:55 POST OFFICE EC --S 00'46" 002 028 OK 06 0327 10:56 IDAHO ATHLETIC C EC --S 00'36" 002 02B OK 07 0327 10:57 Walter R Johnson EC --S 00'31" 002 028 OK 08 0327 1058 206 467 9562 EC --S 00'35" 002 028 OK 09 0327 10:59 206 888 6700 EC --S 00'29" 002 028 OK 10 0327 11:03 PUBLIC WORKS OF --S 00'20" 002 028 OK 11 0327 11:07 2088845077 EC --S 00'39" 002 028 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 26, 2002 at 6:30 p.m. City Council Chambers 1. Roll -call Attendance: ITammy de Weerd Bill Nary Cherie McCandless Keith Bird ,)_ Mayor Robert Corrie 2. Adoption of the Agenda: 42��ro v c_ 3. Consent Agenda: A. Ashford Greens No. 6 Storm Water Drainage Easement: 4. Department Reports: A. Accounting Department - Stacy IGlchenmann: '4,2. Finance Report: �O, er e4 S. Public Works Department - Gary Smith: 1. White Drain Sewer Trunk Permanent and Temporary Construction Easement - John Kennedy: w &--tL a, 67__.4- 2. White Drain Sewer Trunk - Award of Construction Contract: A i?,W12 2, Zoo 2 /wry. 3. Latecomers Agreement Request from Jackson's Food Stores: G�"" ✓ refW-rf 4. White Drain Sewer Trunk - Crossing and Easement Agreement with Settlers Irrigation District: Age,( 1v hAt n.c.vlecvea b y Meridian City Council A =da — March 2C 200 Page 1 ort All andaink promoted ar public meetings shag become "arty ofthc City of Ma idian. Myons dcairing aeeommodtioo for disabilities related to docomem and/or bamioge ptaue comas the l:cy Gene's Office at 88$4133 at len[ 48 haul prior to the public meeting. ** TX CONF4&ION REPORT ** AS OF MAR 27 '01-0: 50 PAGE. 01 CITY OF MERIDIAN CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 26, 2002 at 6:30 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd � Bill Nary Cherie McCandless Keith Bird _X Mayor Robert Corrie 2. Adoption of the Agenda: 4 y rD vx.. 3. Consent Agenda: A. Ashford Greens No. 6 Storm Water Drainage Easement: `c" max✓ 4. Department Reports: A. Accounting Department - Stacy IGlchenmann. f. "ctw - �YIR i ec( `14,2, Finance Report: pr-ew_#e4, B. Public Works Department — Gary Smith: 1. White Drain Sewer Trunk Permanent and Temporary Construction Easement — John Kennedy: w akt AW4At4.0� tet, a,,,4,14 2. White Drain Sewer Trunk —Award of Construction Contract: 7alieG 7�v firl2 2, Zoe Z /i-? 3. Latecomers Agreement Request from Jackson's Food Stores: *,y, "..ef e.!'f 4. White Drain Sewer Trunk — Crossing and Easement Agreement with Settlers Irrigation District: AaeQ 4o 1-,l4 kc/ 4_f Meridian City Coumcil Agmda — March 26, 2003 Page 1 ors All materials presented at public meetings shall become property of the City of Metidiaa Anymc desiring accommodation for disabilities related to doomno m and/or bearioga plmse aontaa drc City Cock's Office al 886.4433 of leas 48 hours prior to the public meeting. DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 24 0327 10:40 3810160 EC --S 00'46" 002 028 OK 25 0327 10:42 2088881193 EC --S 00'30" 002 028 OK 26 0327 10:43 8841159 EC --S 00'30" 002 028 OK 27 0327 10:44 2088840744 EC --S 00'30" 002 028 OK 28 0327 10:45 208 898 5501 EC --S 00'30" 002 028 OK 29 0327 10:46 LIBRARY EC --S 00'36" 002 028 OK 30 0327 10:47 92083776449 EC --S 00'30" 002 028 OK 31 0327 10:48 888 6854 EC --S 00'31" 002 028 OK 32 0327 10:49 2083757154 EC --S 00'29" 002 028 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 26, 2002 at 6:30 p.m. City Council Chambers 1. Roll -call Attendance: Tammy de Weerd � Bill Nary Cherie McCandless Keith Bird _X Mayor Robert Corrie 2. Adoption of the Agenda: 4 y rD vx.. 3. Consent Agenda: A. Ashford Greens No. 6 Storm Water Drainage Easement: `c" max✓ 4. Department Reports: A. Accounting Department - Stacy IGlchenmann. f. "ctw - �YIR i ec( `14,2, Finance Report: pr-ew_#e4, B. Public Works Department — Gary Smith: 1. White Drain Sewer Trunk Permanent and Temporary Construction Easement — John Kennedy: w akt AW4At4.0� tet, a,,,4,14 2. White Drain Sewer Trunk —Award of Construction Contract: 7alieG 7�v firl2 2, Zoe Z /i-? 3. Latecomers Agreement Request from Jackson's Food Stores: *,y, "..ef e.!'f 4. White Drain Sewer Trunk — Crossing and Easement Agreement with Settlers Irrigation District: AaeQ 4o 1-,l4 kc/ 4_f Meridian City Coumcil Agmda — March 26, 2003 Page 1 ors All materials presented at public meetings shall become property of the City of Metidiaa Anymc desiring accommodation for disabilities related to doomno m and/or bearioga plmse aontaa drc City Cock's Office al 886.4433 of leas 48 hours prior to the public meeting.