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Home My WebLink About2008-11-180 E IDIAN� Tuesday November 18, 2008 @ 7:00 p.m. David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd Revised 11-17-08 City Council Special Meeting Workshop Agenda City Council Chambers 33 E. Broadway Ave., Meridian, Idaho Item Agenda Item Presenter 1 ROLL CALL ATTENDANCE 2 ADOPTION OF THE AGENDA 3 CONSENT AGENDA Findings of Fact and Conclusions of Law A. for Approval — Una Mas Planning Change Order No. 1 for Well 14 Pump B. Public Works with Superior Construction for $7,800.00 Tabled from November 5, 2008 — Sewer C. and Water Easment for Nola VAC by ZWJ Public Works Enterprises D. Water Easement for Three Corners Public Works Subdivision by David & Luane Dean E Approve Minutes of July 9, 2008 City Council Special Workshop Meeting F Approve Minutes of July 14, 2008 City Council Special Workshop Meeting 0 0 CDBG PY08 Subrecipient Agmt with G. Boise City / Ada County Housing Authority Bill Nary H CDBG PY08 Subrecipient Agmt with Bill Na Meridian Senior Citizen's Center Nary I Utility License Agreement for Meridian Bill Na Fire Department Traffic SignalJ. Nary Professional Service Agreement with AspireOn, Inc. K Economic Development Coordinator Agreement with Virtus Enterprises, LLC 4 COMMUNITY ITEMS/PRESENTATIONS A. Meridian Valley Animal Shelter Connie Peterson and John Overton B Connecting Idaho Partners Presentation Matt Ellsworth Regarding Ten Mile Interchange Project C Ten Mile Interchange Landscaping and Steve Siddoway Public Art DEPARTMENT REPORTS A. Final Report for New City Hall Keith Watts Budget Amendment for Specialty / Work B. Assignment Pay for Police Department for Finance Department $36,205.00 C Recommendation of Consistent Speed Traffic Safety Commission Limit 0 0 D. Discussion of SWAC Recommendation Bill Nary for Woodbridge HOA Tabled from November 5, 2008 -- SWAC E. Recommendation to Idaho Food Bank for Bill Nary $19,500.00 F. Update on E. 3rd Street Study Matt Ellsworth Request for the History Center in Meridian G City Hall to be Allowed to Occasionally Bill Nary Solicit Donations and / or Sell Merchandise Related to Meridian History H Recommendation to ITD Regarding Bill Nary Speed on Hwy 69 Discussion on Idaho Power Long Term Mayor Stability 6 CITY ORDINANCE/POLICY REVIEW A. Update on Parking Ordinance Bill Nary Bill Nary B. Discussion on Fitness Facility Policy Bill Nary C. Discussion on Recycling Policy 7 EXECUTIVE SESSION Executive Session per Idaho State Code 67-2345(1)(f) to consider and A. advise its legal representatives in pending litigation); & )(d) — (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code): "fn�s�l'osi -QW Tuesday November 18, 2008 @ 7:00 p.m. David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd Revised 11-17-08 City Council Special Meeting Workshop Agenda City Council Chambers 33 E. Broadway Ave., Meridian, Idaho Item Agenda Item Presenter 1 ROLL CALL ATTENDANCE 2 ADOPTION OF THE AGENDA 3 CONSENT AGENDA A. Findings of Fact and Conclusions of LawPlanning for Approval -- Una Mas B Change Order No. 1 for Well 14 Pump Public Works with Superior Construction for $7,800.00 Tabled from November 5, 2008 -- Sewer C. and Water Easment for Nola VAC by ZWJ Public Works Enterprises D. Water Easement for Three Corners Public Works Subdivision by David & Luane Dean E. Approve Minutes of July 9, 2008 City Council Special Workshop Meeting F. Approve Minutes of July 14, 2008 City Council Special Workshop Meeting G. CDBG PY08 Subrecipient Agmt with Bill Nary Boise City / Ada County Housing Authority H. CDBG PY08 Subrecipient Agmt with Bill Nary Meridian Senior Citizen's Center Utility License Agreement for Meridian Bill Nary Fire Department Traffic Signal �. Professional Service Agreement with AspireOn, Inc. K. Economic Development Coordinator Agreement with Virtus Enterprises, LLC 4 COMMUNITY ITEMS/PRESENTATIONS A. Meridian Valley Animal Shelter Connie Peterson and John Overton B. Connecting Idaho Partners Presentation Matt Ellsworth Regarding Ten Mile Interchange Project C. Ten Mile Interchange Landscaping and Public Art Steve Siddoway DEPARTMENT REPORTS A. I Final Report for New City Hall Keith Watts Budget Amendment for Specialty / Work B. Assignment Pay for Police Department for Finance Department $36,205.00 C Recommendation of Consistent Speed Limit Traffic Safety Commission 0 • Discussion of SWAC Recommendation D. for Woodbridge HOA Bill Nary Tabled from November 5, 2008 -- SWAC E. Recommendation to Idaho Food Bank for Bill Nary $19,500.00 F. Update on E. 3rd Street Study Matt Ellsworth Request for the History Center in Meridian G. City Hall to be Allowed to Occasionally Bill Na Solicit Donations and / or Sell Nary Merchandise Related to Meridian History Recommendation to ITD Regarding H. Speed on Hwy 69 Bill Nary Discussion on Idaho Power Long Term I' Stability Mayor 6 CITY ORDINANCE/POLICY REVIEW A. Update on Parking Ordinance Bill Nary B. Discussion on Fitness Facility Policy Bill Nary C. Discussion on Recycling Policy Bill Nary 7 EXECUTIVE SESSION Executive Session per Idaho State Code 67-2345(1)(f) to consider and A. advise its legal representatives in pending litigation); & )(d) — (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code): a�` ail Tuesday November 18, 2008 @ 7:00 p.m. v David Zaremba Brad Hoaglun Charlie Rountree Keith Bird �— Mayor Tammy de Weerd City Council Special Meeting Workshop Agenda City Council Chambers 33 E. Broadway Ave., Meridian, Idaho --� " (-) 6 Item Agenda Item Presenter 1 ROLL CALL ATTENDANCE 2 ADOPTION OF THE AGENDA 3 CONSENT AGENDA A. Findings of Fact and Conclusions of Law Planning for Approval -- Una Mas B Change Order No. 1 for Well 14 Pump Public Works with Superior Construction for $7,800.00 Tabled from November 5, 2008 -- Sewer C. and Water Easment for Nola VAC by ZWJ Public Works Enterprises D Water Easement for Three Corners Public Works Subdivision by David & Luane Dean E Approve Minutes of July 9, 2008 City Council Special Workshop Meeting F Approve Minutes of July 14, 2008 City Council Special Workshop Meeting • 0 CDB G PY08 Subrecipient Agmt with G. Boise City / Ada County Housing Authority Bill Nary CDPY08 Subrecipient Agmt with H. BG Meridian Senior Citizen's Center Bill Nary Utility License Agreement for Meridian I Fire Department Traffic Signal Bill Nary J. Professional Service Agreement with AspireOn, Inc. K Economic Development Coordinator Agreement with Virtus Enterprises, LLC 4 COMMUNITY ITEMSAPRESENTATIONS r A e 16 r .7 A. I Meridian Valley Animal Shelter B Connecting Idaho Partners Presentation Regarding Ten Mile Interchange Project AC Ten Mile Interchange Landscaping and Public Art 5 DEPARTMENT REPORTS �6� &2t - A. - Report for New City Hall Budget Amendment for Specialty / Work B. Assignment Pay for Police Department fo $36,205.00 �r� ( C Recommendation of Consistent Speed Limit Connie Peterson and John Overton � r_pai=a�3i-.r Steve S 5L,L� 5w11 i V4 -V- Keith Watts Traffic Safety Commission � C- t� Discussion of SWAC Recommendation D. Discussion Woodbridge HOA Bill Nary F ed from November 5, 2008 — SWAC )mmendation to Idaho Food Bank for $19,500.00 Update on E. 3rd Street Study Request for the History Center in Meridian G City Hall to be Allowed to Occasionally Solicit Donations and / or Sell Merchandise Related to Meridian History C UIti Nary "ter /Bill Matt Ellsworth Bill Nary Recommendation to ITD Regarding H. Speed on Hwy 69 Bill Nary Discussion on Idaho Power Long Term Stability 6 CITY ORDINANCE/POLICY REVIEW Mayor A. Update on Parking Ordinance Bill Nary B. Discussion on Fitness Facility Policy C. Discussion on Recycling Policy Bill Nary Bill Nary 7 `'EXECUTIVE SESSION �"%--� Executive Session per Idaho State Code 67-2345(1)(f) to consider and A. advise its legal representatives in pending litigation); & )(d) — (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code): ,ate/ J t on tA1/7D t G Ful 1 r� 17ITa I i i 0 AGENDA NAME CC 1 t-18.08 Cc{ Council BACK TABLE FOR P & Z OR C/C DOOR OF CHAMBERS CLERKS STATION CITY COUNCIL SEATS CLERKS WALL CALENDAR REPOST IN LOBBY REFAX WEBSITE WEBLINK E-MAIL Initial: Date: Time: REVISED (YES/NO) REVISED DATE: 0 i C 4 E IDIAN-- ilHO City Council Tuesday Special Meeting November 18, 2008 Workshop Agenda @ 7:00 p.m. City Council Chambers 33 E. Broadway Ave., Meridian, Idaho David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd Item Agenda Item Presenter 1 ROLL CALL ATTENDANCE 2 ADOPTION OF THE AGENDA 3 CONSENT AGENDA A. Findings of Fact and Conclusions of Law Planning for Approval -- Una Mas Change Order No. 1 for Well 14 Pump B' with Superior Construction for $7,800.00 Public Works Tabled from November 5, 2008 -- Sewer C. and Water Easment for Nola VAC by ZWJ Public Works Enterprises D. Water Easement for Three Corners Public Works Subdivision by David & Luane Dean E. Approve Minutes of July 9, 2008 City Council Special Workshop Meeting F Approve Minutes of July 14, 2008 City Council Special Workshop Meeting • CDBG PY08 Subrecipient Agmt with G. Boise City / Ada County Housing Authority Bill Nary H. CDBG PY08 Subrecipient Agmt with Bill Nary Meridian Senior Citizen's Center Utility License Agreement for Meridian Bill Nary Fire Department Traffic Signal 4 COMMUNITY ITEMS/PRESENTATIONS A. Meridian Valley Animal Shelter Connie Peterson and John Overton B. Connecting Idaho Partners Presentation Matt Ellsworth Regarding Ten Mile Interchange Project C. Ten Mile Interchange Landscaping and Steve Siddoway Public Art 5 DEPARTMENT REPORTS A. Final Report for the New City Hall Keith Watts Budget Amendment for Specialty / Work B. Assignment Pay for Police Department for $36,205.00 Finance Department C. Recommendation of Consistent Speed Traffic Safety Commission Limit Discussion of SWAC Recommendation D. for Woodbridge HOA Bill Nary Tabled from November 5, 2008 -- SWAC E. Recommendation to Idaho Food Bank for Bill Nary $19,500.00 F. Update on E. 3rd Street Study Matt Ellsworth Request for the History Center in Meridian G. City Hall to be Allowed to Occasionally Bill Na Solicit Donations and / or Sell Nary Merchandise Related to Meridian History Recommendation to ITD Regarding H. Speed on Hwy 69 Bill Nary 6 CITY ORDINANCE/POLICY REVIEW A. Update on Parking Ordinance Bill Nary B. Discussion on Fitness Facility Policy Bill Nary C. Discussion on Recycling Policy Bill Nary 7 EXECUTIVE SESSION Executive Session per Idaho State Code 67-2345(1)(f) to consider and A. advise its legal representatives in pending litigation); & )(d) — (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code): (::�;V� tD E IDIAN" Tuesday November 18, 2008 @ 7:00 p.m. Brad Hoaglun David Zaremba -------- — Keith Bird Charlie Rountree — Mayor Tammy de W eerd Item Agenda Item 1 ROLL CALL ATTENDANCE 2 ADOPTION OF THE AGENDA 3 CONSENT AGENDA City Council Special Meeting Workshop Agenda City Council Chambers 33 E. Broadway Ave., Meridian, Idaho Presenter A. Findings of Fact and C nc u ion of Law Planning al Un for App as Change Order No. 1 for W ell 14 Pump Public Works B. with Superior Construction for $7,800.00 Tabled from November 5, 2008 -- Sewer Public Works C. and Water Easment for Nola VAC by ZWJ Enterprises Water Easement for Three Corners Public Works D• Subdivision by David & Luane Dean Approve Minutes of July 9, Meet ni E. Council Special Workshop Approve Minutes of July 14, 2008 City F. Council Special Workshop Meeting Date/Time Local ID 1 Local ID 2 I low Broadcast Report 11-17-2008 05:32:20 p.m. Transmit Header Text City of Meridian Idaho 2088884218 Local Name 1 Line 1 Local Name 2 Line 2 This document: Failed (reduced sample and details below) Document size: 8.5 "x11 " rt S�- -Kot t-A)d7k `c.� 'i 1 Total Paces Scanned: 2 Revised i1 -t7-08 (AVE IDIAN -- 1-0ANO City Council Tuesday Special Meeting November 18, 2006 Workshop Agenda 0 7:00 p.m. City Coundl Champ 33 L Broadway Ave., Meridian, Idaho David Zatembs Brad Hoagiml Charm Rountree Keith Bird Payor Tammy de Weerd Item Agenda Item Presenter 1 ROLL CAU. ATTENDANCE 2 ADOPTION of THE AGENDA Job 3 CONSENT AGENDA StartTime Duration A FinOW of Fact and Cmaistons of Law Mode Job Type P9ann9 001 778 for Approval -- Una Ma 05:29:08 p.m. 11-17-2008 00:00:00 0/2 N/A -- HS TU 002 S Change order No.1 for Well 14 Pump 05:29:08 p.m. 11 - 17-2008 F'ublt Works Oil N/A wfdr Superfor ConaMiellon for $7,890.00 TU 003 778 9,8559560 05:29:08 p.m. 11-17-2008 00:00:00 0/2 N/A Tabled from November 52008 – ewer TU 004 . C.1 and Water Easmant for Nola VAC by2WJ 05:29:08 p.m. 11-17-2008 PUM Works 0/2 1 N/A E TU 005 778 9,8840745 05:29:08 p.m. 11-17-2008 _ 0/2 D' Water Easement tar Three Comers TU Pubnc Works 778 9,3876393 Stdx katon by David & Uane Dean 00:00:00 0/2 N/A -- HS Approve Mh d. of July 9. MW City 007 778 9,2877909 05:29:08 p.m. 11-17-2008 Court Sp -;of Workshop ~no 0/2 N/A Approve Minutes of July 14, 2008 City F' Council Special Workshop Merf Total Paces Confirmed : 0 No. Job Remote Station StartTime Duration Pages Line Mode Job Type Results 001 778 9,3810160 05:29:08 p.m. 11-17-2008 00:00:00 0/2 N/A -- HS TU 002 778 9,8467366 05:29:08 p.m. 11 - 17-2008 00:00:00 Oil N/A -- HS TU 003 778 9,8559560 05:29:08 p.m. 11-17-2008 00:00:00 0/2 N/A -- HS TU 004 778 9,8882682 05:29:08 p.m. 11-17-2008 00:00:00 0/2 1 N/A -- HS TU 005 778 9,8840745 05:29:08 p.m. 11-17-2008 00:00:00 0/2 N/A -- HS TU 006 778 9,3876393 05: 29:08 p.m. 11 - 17-2008 00:00:00 0/2 N/A -- HS TU 007 778 9,2877909 05:29:08 p.m. 11-17-2008 00:00:00 0/2 N/A -- HS TU Date/Time Local ID 1 Local ID 2 Broadcast Report 11-17-2008 05:32:27 p.m. Transmit Header Text City of Meridian Idaho 2088884218 Local Name 1 Line 1 Local Name 2 Line 2 No. Job Remote Station StartTime Duration Pages Line Mode Job Type Results 008 778 9,8885052 05:29:08 p.m. 11 -17-2008 00:00:00 0/2 N/A -- HS TU 009 778 9,8886573 05:29:08 p.m. 11 -17-2008 00:00:00 0/2 N/A -- HS TU 010 778 9,8881983 05:29:08 p.m. 11 -17-2008 00:00:00 0/2 N/A -- HS TU 011 778 9,3776449 05:29:08 p.m. 11-17-2008 00:00:00 0/2 N/A -- HS TU 012 ' 778 9,4679562 05:29:08 p.m. 11 - 17-2008 00:00:00 012 N/A -- HS TU 013 778 9,3505962 05:29:08 p. m. 11-17-2008 00:00:00 0/2 N/A -- HS TU 014 778 9,8884022 05:29:08 p.m. 11 -17-2008 00:00:00 0/2 N/A -- HS TU 015 778 9,3886924 05:29:08 p.m. 11 -17-2008 00:00:00 0/2 N/A -- HS TU 016 778 9,8841159 05:29:08 p.m. 11-17-2008 00:00:00 0/2 NIA -- HS TU 017 1778 19,8840744 05:29:08 p.m. 11 - 17-2008 00:00:00 0/2 N/A -- HS TU Abbreviations: HS: Host send HR: Host receive WS: Waiting send PL: Polled local MP: Mailbox print TU: Terminated by user PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 MS: Mailbox save FA: Fail RP: Report EC: Error Correct Broadcast Report Date/Time 11-14-2008 04:19:12 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 This document: Failed (reduced sample and details below) Document size: 8.5"x11" ,lease PoSI - tr pt_LbUe W#U,&-jb0j5!! CME IDIAN IDAHO City Council Tuesday Special Meeting November 18, 2008 Workshop Agenda 7:00 pm. CRY counon cbembars 33 E Broadway Ave., 4AerWkw Idaho DaVW Zaremba Brad HoVun Charge Roumree Keith Ord Mayor Tammy do Weard kem Agenda Item Presenter 1 ROLL CALL ATTENDANCE 2 ADOPTION OF THE AGENDA 3 CONSENT AGENDA A Ftndtngsfor Fact o val -- Ura sof t ew planning Mag Change Order No. 1 for Well 14 Pump ILI with Superior Construction for $7,8110.00 Wow Isd from Nmember 8, 2006 -- 9ewer C e and Water Easment for Nota VAC by ZWJ pubBc Works Enterprises Water Easefor Three Gangs Public Waft I SubdWtslan by D Lu avfd & ane Dean —� 1E.1 Approve Mlmaea of July 9.200$City Cowta 8pecW Wofthop Maadng F. A *MM MMUM of Jdy 14,20M City ! Coundl 9peow Workshop M-110 I( Total Pages Scanned: 3 Total Paaes Confirmed : 45 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 768 9,3810160 03:50:08 p.m. 11 -14-2008 00:00:00 013 1 G3 HS FA 002 768 9,8989551 03:50:08 p.m. 11 - 14-2008 00:00:43 3/3 1 EC HS CP26400 003 768 2088848723 03:50:08 p.m. 11-14-2008 00:00:30 313 1 EC HS CP28800 004 1768 9,8886854 03:50:08 p.m. 11 - 14-2008 00:00:35 313 1 EC HS CP31200 005 768 2088985501 03:50:08 p.m. 11-14-2008 00:00:47 3/3 11 JEC IHS I CP28800 006 768 19,8467366 03:50:08 p.m. 11 - 14-2008 00:00:28 3/3 11 JEC IHS ICP28800 007 768 12088882682 03: 50:08 p.m. 11 -14-2008 00:00:29 313 11 JEC IHS I CP28800 Date/Time Local ID 1 Local ID 2 Broadcast Report' 11-14-2008 04:19:19 p.m. Transmit Header Text City of Meridian Idaho 2088884218 Local Name 1 Line 1 Local Name 2 Line 2 No. Job Remote Station StartTlme Duration Pages Line Mode Job Type Results 008 768 9,8840745 03:50:08 p.m. 11 - 14-2008 00:00:28 3/3 1 EC HS CP28800 009 768 Ada County 03:50:08 p.m. 11 -14-2008 00:01:35 313 1 G3 HS CP14400 010 768 9,8885052 03:50:08 p.m. 11-14-2008 00:00:28 3/3 1 EC HS CP28800 011 768 9,8881983 03:50:08 p.m. 11 -14-2008 00:00,29 3/3 1 EC HS CP26400 012 768 2083776449 03:50:08 p.m. 11 -14-2008 00:00:52 313 1 EC HS CP14400 013 768 9,4679562 03:50:08 p.m. 11 - 14-2008 00:00:27 3/3 1 EC HS CP28800 014 768 2088886701 03:50:08 p.m. 11 -14-2008 00:01:01 3/3 1 EC HS CP14400 015 768 9,8841159 03:50:08 p.m. 11 -14-2008 00:00:30 3/3 1 EC HS CP26400 016 768 9,8840744 03:50:08 p.m. 11 -14-2008 00:00:57 3/3 1 EC HS CP14400 Abbreviations: HS: Host send HR: Host receive WS: Waiting send PL: Polled local MP: Mailbox print TU: Terminated by user PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 MS: Mailbox save FA: Fall RP: Report EC: Error Correct Date/Time Local ID 1 Local ID 2 Completed Jobs: 57 Activity Report 11-14-2008 05:14:16 p.m. Transmit Header Text Cityof Meridian Idaho 2088884218 Local Name 1 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CP28800 043 742 9,8559560 01:56:24 p.m. 11 -07-2008 00:00:16 1/1 1 EC HS CP26400 044 1742 208 888 2682 01:56:24 p.m. 11 -07-2008 00:00:21 1/1 1 JEC HS CP28800 045 742 2083876393 01:56:24 p.m. 11 -07-2008 00:00:16 111 1 EC HS CP28800 046 742 Ada County 01:56:24 p.m. 11 -07-2008 00:00:50 1J1 1 G3 HS CP14400 047 742 9,8885052 01:56:24 p.m. 11 -07-2008 00:00:24 1/1 1 EC HS CP31200 048 742 9,8881983 01:56:24 p.m. 11 -07-2008 00:00:18 1/1 1 EC HS CP26400 049 742 2083776449 01:56:24 p.m. 11 -07-2008 00:00:33 1/1 1 EC HS CP14400 050 742 9,4679562 01:56:24 p.m. 11 -07-2008 00:00:19 1/1 1 EC HS CP28800 051 742 9,8886700 01:56:24 p.m. 11 -07-2008 00:00:00 0/1 1 -- HS FA 052 742 9,8884022 01:56:24 p.m. 11 -07-2008 00:00:52 1/1 1 EC HS CP14400 053 742 3886924 01:56:24 p.m. 11 -07-2008 00:00:15 1/1 1 EC HS ICP31200 054 742 9,8841159 01:56:24 p.m. 11 -07-2008 00:00:19 1/1 1 EC HS CP24000 055 742 9,8840744 01:56:24 p.m. 11 -07-2008 00:00:17 1/1 1 EC HS CP26400 056 742 9,3363735 01:56:24 p.m. 11 -07-2008 00:00:46 1/1 1 G3 HS CP14400 Date/Time 11-14-2008 Local ID 1 2088884218 Local ID 2 Activity Report 05:14:46 p.m. Transmit Header Text City of Meridian Idaho Local Name 1 Line 1 Local Name 2 Line 2 No. Job I Remote Station StartTlme Duration Pages Line Mode Job Type Results 057 742 9#9479712 01:56:24 p.m. 11 -07-2008 00:00:00 0/1 1 -- HS FA 058 742 9#3759248 01:56:24 p.m. 11 -07-2008 00:00:33 111 1 EC HS CP21600 059 742 9#3344080 01:56:24 p.m. 11 -07-2008 00:00:33 1/1 1 EC HS CP21600 060 742 9#4722211 01:56:24 p.m. 11 -07-2008 00:00:33 1/1 1 EC HS CP21600 061 742 9#3737245 01:56:24 p.m. 11 -07-2008 00:00:32 1/1 1 EC HS CP21600 062 742 9#3816681 01:56:24 p.m. 11 -07-2008 00:00:33 1/1 1 EC HS CP21600 063 742 9#3757770 01:56:24 p.m. 11 -07-2008 00:00:33 1/1 1 EC HS CP21600 064 742 9#4614861 01:56:24 p.m. 11 -07-2008 00:00:33 1/1 1 EC HS CP21600 065 742 9#5773319 01:56:24 p.m. 11 -07-2008 00:00:33 1/1 1 EC HS CP21600 066 742 9#3448677 01:56:24 p.m. 11 -07-2008 00:00:33 1/1 1 EC HS CP21600 067 742 9#2876849 01:56:24 p.m. 11 -07-2008 00:00:33 111 1 EC HS CP21600 068 743 02:31:51 p.m. 11-07-2008 00:00:47 2/2 N/A -- RP CP 069 744 3810160 03:37:45 p.m. 11 -07-2008 00:00:50 1/1 1 EC HS CP9600 070 744 9,8467366 03:37:45 p.m. 11 -07-2008 00:00:11 1/1 1 EC HS CP28800 071 744 9,8559560 03:37:45 p.m. 11 -07-2008 00:00:12 1/1 1 EC HS CP21600 072 744 1208 888 2682 03:37:45 p.m. 11 -07-2008 00:00:23 1/1 1 EC HS CP14400 073 744 9,8840745 03:37:45 p.m. 11-07-2008 00:00:21 1/1 1 EC HS CP26400 074 744 2083876393 03:37:45 p.m. 11 -07-2008 00:00:10 1/1 1 EC HS CP28800 075 744 Ada County 03:37:45 p.m. 11 -07-2008 00:00:38 1/1 1 G3 HS CP14400 076 744 9,8885052 03:37:45 p.m. 11 -07-2008 00:00:10 1/1 1 EC HS CP28800 077 744 9,8886573 03:37:45 p.m. 11 -07-2008 00:00:50 1/1 1 EC HS CP9600 078 744 9,8881983 03:37:45 p.m. 11-07-2008 00:00:15 1/1 1 EC HS CP26400 079 744 2083776449 03:37:45 p.m. 11 -07-2008 00:00:23 1/1 1 EC HS CP14400 080 744 9,4679562 03:37:45 p.m.11-07-2008 00:00:10 1/1 1 EC HS CP28800 081 744 9,8886700 03:37:45 p.m. 11-07-2008 00:00:00 011 1 -- HS FA 082 744 9,8884022 03:37:45 p.m. 11-07-2008 00:00:38 1/1 1 EC HS CP14400 083 744 3886924 0337:45 p.m. 11-07-2008 00:00:10 1/1 1 EC HS CP28800 084 744 9,8841159 03:37:45 p.m. 11-07-2008 00:00:11 1/1 1 EC HS CP24000 085 744 9,8840744 03:37:45 p.m. 11 -07-2008 00:00:10 1/1 1 EC HS CP26400 086 745 03:55:40 p.m. 11 -07-2008 00:00:39 212 N/A -- RP CP 087 746 3810160 10:21:16 a.m. 11 - 10-2008 00:02:12 2/2 1 EC HS CP9600 088 746 9,8467366 10:21:16 a.m. 11-10-2008 00:00:34 2/2 1 EC HS CP288M 089 746 9,8559560 10:21:16 a.m. 11-10-2008 00:00:39 2/2 1 EC HS CP21600 090 746 208 888 2682 10:21:16 a.m. 11-10-2008 00:00:31 2/2 1 EC HS ICP28800 091 746 9,8840745 10:21:16 a.m. 11-10-2008 00:00:53 2/2 1 EC j HS CP26400 092 746 2083876393 10:21:16 a.m. 11 -10-2008 00:00:29 2/2 1 EC HS CP28800 093 746 Ada County 10:21:16 a.m. 11-10-2008 00:01:29 2/2 1 G3 HS CP14400 094 746 9,8885052 10:21:16 a.m.11-10-2008 00:00:30 2/2 1 EC HS CP28800 095 746 9,8886573 10:21:16 a.m. 11 -10-2008 00:02:12 2/2 1 EC HS CP9600 096 746 9,8881983 10:21:16 a.m.11-10-2008 00:00:32 2/2 1 EC IHS CP26400 097 746 2083776449 10:21:16 a.m. 11-10-2008 00:01:00 2/2 1 EC HS CP14400 098 746 9,4679562 10:21:16 a.m. 11-10-2008 00:00:29 2/2 1 EC HS CP28800 099 746 9,8886700 10:21:16 a.m. 11-10-2008 00:00:00 0/2 1 -- HS FA 100 746 9,8884022 10:21:16 a.m. 11-10-2008 00:0135 2/2 1 EC HS CP14400 101 746 3886924 10:21:16 a.m. 11-10-2008 00:00:29 2/2 1 EC HS CP31200 102 746 9,8841159 10:21:16 a.m. 11 - 10-2008 00:00:32 2/2 1 EC HS CP26400 103 746 9,8840744 10:21:16 a.m. 11-10-2008 00:00:32 2/2 1 EC HS CP26400 104 747 10:47:24 a.m. 11-10-2008 00:00:37 2/2 N/A -- IRP CP 105 748 STATE BANK &TRUST 11:39:59 a.m. 11-10-2008 00:18:25 40/40 1 EC HS CP14400 106 749 11:59:37 a.m.11-10-2008 00:00:31 1/1 N/A -- RP CP 107 750 Via Fax 03:06:29 p.m. 11 - 10-2008 00:00:07 1/1 1 EC HR CP28800 108 751 3810160 03:17:39 p.m. 11 -10-2008 00:01:02 1/1 1 EC HS CP9600 109 751 9,8467366 03:17:39 p.m. 11 - 10-2008 00:00:00 O/1 1 -- HS FA 110 751 9,8559560 03:17:39 p.m. 11 - 10-2008 00:00:19 1/1 1 EC HS CP21600 111 751 208 888 2682 03:17:39 p.m.11-10-2008 00:00:14 1/1 1 EC HS CP28800 112 751 9,8840745 03:17:39 p.m. 11 - 10-2008 00:00:17 1/1 1 EC HS CP28800 113 751 2083876393 03:17:39 p.m. 11 -10-2008 00:00:13 1/1 1 EC HS CP28800 Date/Time 11-14-2008 Local ID 1 2088884218 Local ID 2 Activity Report 14W I 05:15:16 p.m. Transmit Header Text City of Meridian Idaho Local Name 1 Line 1 Local Name 2 Line 2 No. Job Remote Station StartTime Duration Pages Line Mode Job Type Results 114 751 Ada County 03:17:39 p.m. 11 -10-2008 00:00:45 1/1 1 G3 HS CP14400 115 751 9,8885052 03:17:39 p.m. 11 - 10-2008 00:00:13 1/1 1 EC HS CP28800 116 751 9,8886573 03:17:39 p.m. 11 -10-2008 00:01:02 111 1 EC HS CP9600 117 751 9,8881983 03:17:39 p.m. 11 - 10-2008 00:00:18 1/1 1 EC HS CP26400 118 1751 12083776449 03:17:39 p.m. 11 - 10-2008 00:00:28 1/1 1 EC HS CP14400 119 751 9,4679562 03:17:39 p.m. 11 -10-2008 00:00:14 111 1 EC HS CP28800 120 751 9,3505962 03:17:39 p.m. 11 - 10-2008 00:00:37 1/1 1 EC HS CP14400 121 751 9,8884022 03:17:39 p.m. 11 -10-2008 00:00:45 1/1 1 EC HS CP14400 122 751 3886924 03:17:39 p.m. 11-10-2008 00:00:37 1/1 1 EC HS CP14400 123 751 9,8841159 03:17:39 p.m. 11 - 10-2008 00:00:15 111 1 EC HS CP26400 124 751 9,8840744 03:17:39 p.m. 11 -10-2008 00:00:14 1/1 1 EC HS CP26400 125 752 03:41:41 p.m. 11-10-2008 00:01:19 2/2 NIA -- RP CP 126 753 94428038 03:47:47 p.m. 11 - 10-2008 00:03:09 7/7 1 EC HS CP14400 127 754 03:51:41 p.m. 11-10-2008 00:00:25 1/1 N/A -- RP CP 128 755 99167811085 04:41:46 p.m. 11 - 10-2008 00:00:00 014 1 G3 IHS TU 129 756 04:42:41 p.m. 11 -10-2008 00:00:24 111 N/A - RP CP 130 1757 199157811085 04:43:16 p.m. 11 - 10-2008 00:00:01 0/4 1 -- HS FA 131 758 04:44:19 p.m. 11 - 10-2008 00:00:26 1/1 NIA -- RP CP 132 759 919157811085 04:44:48 p.m. 11 - 10-2008 00:02:51 4/4 1 EC HS CP14400 133 760 04:47:58 p.m. 11 - 10-2008 00:00:27 1/1 N/A -- RP CP 134 761 05:52:56 p.m. 11 - 10-2008 00:00:31 1/1 1 EC HR CP24000 135 762 9,3810160 05:46:24 p.m. 11-11-2008 00:00:00 011 1 G3 HS FA 136 762 9,8989551 05:46:24 p. m. 11 - 11-2008 00:00:17 1/1 1 EC HS CP26400 137 762 2088848723 05:46:24 p.m. 11 - 11-2008 00:00:12 1/1 1 EC HS CP28800 138 762 9,8886854 05:46:24 p.m. 11 -11-2008 00:00:12 1/1 1 JEC HS CP31200 139 1762 2088985501 05:46:24 p. m. 11-11-2008 00:00:13 111 1 JEC HS CP28800 140 762 9,8467366 05:46:24 p.m.11-11-2008 00:00:11 1/1 1 EC HS CP28800 141 762 9,8559560 05:46:24 p. m. 11 - 11-2008 00:00:17 111 1 EC HS CP21600 142 762 208 888 2682 05:46:24 p.m. 11 -11-2008 00:00:19 111 1 EC HS CP28800 143 762 9,8840745 05:46:24 p.m. 11 - 11-2008 00:00:16 1/1 1 EC HS CP28800 144 762 9,8885052 05:46:24 p.m. 11 -11-2008 00:00:12 111 1 EC HS CP28800 145 762 9,8881983 05:46:24 p.m.11-11-2008 00:00:13 1/1 1 EC HS CP26400 146 1762 2083776449 05:46:24 p.m.11-11-2008 00:00:24 111 1 EC HS CP14400 147 762 9,4679562 05:46:24 p.m.11-11-2008 00:00:11 111 1 EC HS CP28800 148 762 9,3505962 05:46:24 p.m. 11 - 11-2008 00:00:34 1/1 1 EC HS C1314400 149 762 9,8841159 05:46:24 p.m. 11 -11-2008 00:00:13 111 1 EC HS CP24000 150 762 9,8840744 05:46:24 p.m. 11 - 11-2008 00:00:12 1/1 1 EC HS CP26400 151 763 06:05:06 p. m. 11 - 11-2008 00:00:37 2/2 NIA -- RP CP 152 764 208 8844626 04:04:14 p.m. 11 -12-2008 00:01:57 414 1 EC HS CP21600 153 1765 04:06:44 p.m. 11 - 12-2008 00:00:26 1/1 N/A -- RP CP 154 766 2083841429 04:11:53 p.m. 11-12-2008 00:00:43 3/3 1 EC HR CP26400 155 767 10:01:27 a.m. 11-14-2008 00:00:12 111 1 EC HR CP14400 156 768 9,3810160 03:50:08 p.m. 11 -14-2008 00:00:00 013 1 IG3 HS FA 157 768 9,8989551 03:50:08 p.m. 11 -14-2008 00:00:43 3/3 1 JEC HS CP26400 158 768 2088848723 03:50:08 p.m. I I - 14-2008 00:00:30 313 1 EC HS CP28800 159 768 9,8886854 03:50:08 p.m. 11 - 14-2008 00:00:35 313 1 EC HS CP31200 160 768 2088985501 03:50:08 p.m. 11 - 14-2008 00:00:47 3/3 1 EC HS CP28800 161 768 19,8467366 03:50:08 p.m. 11 -14-2008 00:00:28 313 1 EC HS CP28800 162 768 208 888 2682 03:50:08 p.m. 11-14-2008 00:00:29 3/3 1 EC HS CP28800 163 768 9,8840745 03:50:08 p.m. 11-14-2008 00:00:28 313 1 EC HS CP28800 164 768 Ada County 03:50:08 p.m. 11 -14-2008 00:01:35 3/3 1 G3 HS C1314400 165 768 9,8885052 03:50:08 p.m. 11 - 14-2008 00:00:28 313 1 EC HS CP28800 166 768 9,8881983 03:50:08 p.m. 11 - 14-2008 00:00:29 3/3 1 EC HS CP26400 167 768 2083776449 03:50:08 p.m. 11-14-2008 00:00:52 3/3 1 EC HS CP14400 168 768 9,4679562 03:50:08 p.m. 11 - 14-2008 00:00:27 313 1 EC HS CP28800 169 768 2088886701 03:50:08 p.m. 11 -14-2008 00:01:09 3/3 1 EC HS CP14400 170 768 9,8841159 03:50:08 p.m. 11-14-2008 00:00:30 3/3 1 EC HS CP26400 Date/Time 11-14-2008 Local ID 1 2088884218 Local ID 2 Activity Report 05:15:46 p.m. Transmit Header Text City of Meridian Idaho Local Name 1 Line 1 Local Name 2 Line 2 No. Job Remote Station StartTime Duration Pages Line Mode Job Type Results 171 768 9,8840744 03:50:08 p.m. 11 - 14-2008 00:00:57 3/3 1 EC HS CP14400 172 770 04:19:08 p.m. 11 - 14-2008 00:00:40 2/2 N/A -- RP CP 173 769 3810160 04:08:47 p.m. 11 - 14-2008 00:00:40 1/1 1 EC HS CP9600 174 769 9,8989551 04:08:47 p.m. 11 -14-2008 00:00:15 1/1 1 EC HS CP26400 175 769 2088848723 04:08:47 p.m. 11-14-2008 00:00:10 1/1 1 EC HS CP28800 176 769 9,8886854 04:08:47 p.m. 11 -14-2008 00:00:20 1/1 1 EC HS CP14400 177 769 2088985501 04:08:47 p.m. 11 - 14-2008 00:00:10 1/1 1 EC HS CP28800 178 769 9,8467366 04:08:47 p.m.11-14-2008 00:00:09 1/1 1 EC HS CP28800 179 769 9,8559560 04:08:47 p.m. 11 - 14-2008 00:00:09 1/1 1 EC HS CP21600 180 769 208 888 2682 04:08:47 p.m. 11 - 14-2008 00:00:10 1/1 1 EC HS CP28800 181 769 2083876393 04:08:47 p.m. 11 - 14-2008 00:00:20 1/1 1 EC HS CP14400 182 1769 1 Ada County 04:08:47 p.m. 11-14-2008 00:00:31 1/1 1 G3 HS CP14400 183 769 9,8885052 04:08:47 p.m. 11 -14-2008 00:00:08 1/1 1 EC HS CP28800 184 769 9,8881983 04:08:47 p.m. 11 - 14-2008 00:00:10 1/1 1 EC HS CP26400 185 769 2083776449 04:08:47 p.m. 11 - 14-2008 00:00:19 1/1 1 EC HS CP14400 186 769 9,4679562 04:08:47 p.m. 11 - 14-2008 00:00:07 1/1 1 EC HS CP28800 187 769 2088886701 04:08:47 p.m. 11 -14-2008 00:00:12 1/1 1 EC HS CP14400 188 769 9,8884022 04:08:47 p.m. 11 -14-2008 00:01:16 0/1 1 G3 HS FA14400 189 769 3886924 04:08:47 p.m. 11-14-2008 00:00:09 1/1 1 EC HS CP28800 190 769 9,8841159 04:08:47 p.m. 11-14-2008 00:00:07 1/1 1 EC HS CP26400 191 769 9,8840744 04:08:47 p.m. 11 - 14-2008 00:00:13 1/1 1 EC HS CP14400 192 771 05:13:31 p.m. 11 - 14-2008 00:00:44 2/2 N/A -- RP CP Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fail RP: Report EC: Error Correct Date/Time 11-17-2008 Local ID 1 2088884218 Local ID 2 1 Total Paaes Scanned: 2 Broadcast Report 04:09:39 p.m. Transmit Header Text City of Meridian Idaho Local Name 1 Line 1 Local Name 2 Une 2 This document: Failed (reduced sample and details below) Document size: 8.5 "x11 " ,VE IDIAN - MERIDIAN PLANNING AND ZONING IDAHO REGULAR MEETING AGENDA City Council Chambers 33 East Broadway, Meridian, Idaho Thursday, November 20, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testfinony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the abRity of the presenter. 1. Roll-c;aU Attendance: Tom O'Brien Wendy Newton-Huckabay Michael RohmJoe Marshall David Moe - chairman 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve Minutes of November 6, 2008 Planning and Zoning Commission Meeling: 4. Continued Public Hearing from October 16, 2008: RZ 00.005 Request for Rezone of 26.58 acres from an R-4 to an R-8 zone for Cavanaugh Ridge by Kastera Development, LLC - east of S. Meridian Road and south of E. Victory Road: 5. Continued Public Hearing from October 16, 2008: PP 08.010 Request for Preliminary Plat approval for 25S residential building lots and 26 common area lots on 91.08 acres In an R-4 and proposed R-8 zoning district for Cavanaugh Ridge by Kastera Deveiopment, LLC - east of S. Meridian Road and south of E. Victory Road: 6. Continued Public Hearing from October 2, 2008: AZ 0 412 Request for Annexation and Zoning of 5.03 acres of land from RUT In Ada County to an R-4 zone for Shays Cove by Landmark Engineering & Planning, Inc. - 3155 S. Mesa Way: 7. Continued Public from October 2, 2008: PP 06.000 Request for Preliminary Plat approval of 8 single-family residential building lob and 3 common lots on 4.455 acres in a proposed R-4 zoning district for Shays Cove by Landmark Engineering & Planning, Inc. - 3155 S. Mesa Way: Meddion Prmmnlag and zarft commbslon Meaft Agenda -- M1%ovan w 20,2W8 Pegs 1 of 2 All mater M pr ed at pubac meetlrqW dhatl be -me Property of#* City of Meddfart. Amme desiring accommoWlan for dleabiGOee rotated to doaxrWft andkrttaadng, please twrttad arta CRy CIOW& OSl'e at 804433 at teed 48 tows prior to the public mee tom. Total Paaes Confirmed : 32 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 776 3810160 03:01:51 p.m.11-17-2008 00:02:15 2/2 1 EC HS CP9600 002 776 9,8467366 03:01:51 p.m. 11-17-2008 00:00:29 2/2 1 EC HS CP28800 003 776 9,8559560 03:01:51 p.m. 11-17-2008 00:00:41 2/2 1 EC HS CP21600 004 776 2088882682 03:01:51 p.m. 11-17-2008 00:00:36 2/2 1 EC HS CP28800 005 776 9,8840745 03:01:51 p.m. 11-17-2008 00:00:40 2/2 1 EC HS CP28800 006 776 2083876393 03:01:51 p.m. 11-17-2008 00:00:28 2/2 1 EC HS CP28800 007 776 Ada County 03:01:51 p.m. 11-17-2008 00:01:31 212 1 G3 HS CP14400 ® Broadcast Report Date/Tlme 11-17-2008 04:09:48 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 No. Job Remote Station StartTime Duration Pages Line Mode Job Type Results 008 776 9,8885052 03:01:51 p.m. 11-17-2008 00:00:29 2/2 1 EC HS CP28800 009 776 9,8886573 03:01:51 p.m. 11-17-2008 00:02:15 2/2 1 EC HS CP9600 010 776 9,8881983 03:01:51 p.m. 11-17-2008 00:00:32 2/2 1 EC HS CP26400 011 776 2083776449 03:01:51 p.m. 11-17-2008 00:00:55 212 1 EC HS CP14400 012 776 9,4679562 03:01:51 p.m. 11 - 17-2008 00:00:29 2/2 1 EC HS CP28800 013 776 9,3505962 03:01:51 p.m. 11-17-2008 00:01:05 2/2 1 EC HS CP14400 014 776 9,8884022 03:01:51 p.m. 11-17-2008 00:01:42 0/2 1 G3 HS FA14400 015 776 3886924 03:01:51 p.m. 11-17-2008 00:02:44 2/2 1 EC HS CP12000 016 776 9,8841159 03:01:51 p.m. 11-17-2008 00:00:31 2/2 1 EC HS CP26400 017 776 9,8840744 03:01:51 p.m. 11-17-2008 00:00:31 2/2 1 EC HS CP26400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fail RP: Report EC: Error Correct Meridian City Council Special Workshop Meeting November 18, 2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, November 18, 2008, by President Charlie Rountree. Members Present: Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun, and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Tom Bary, Keith Watts, Matt Ellsworth, John Overton, Steve Siddoway, Mark Niemeyer, Bob Stowe and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Rountree: November 18th, 2008, special meeting of the City Council workshop and welcome everybody and for those new to our new City Hall, I hope you're enjoying it. We certainly are. First item on the agenda is roll call attendance. City Clerk. Just a moment. We are still learning how to play with all of our new electronic equipment. If the City Clerk would call roll. We know we are all hear, but for the record. Item 2: Adoption of the Agenda: Rountree: Next item on the agenda is the adoption of the agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: There are a couple of things to move or rearrange. On the Consent Agenda, which is Item 3, Number 3-K has been asked to be removed from this Consent Agenda. We will deal with that later. We would like to add Item 3-L, which, in fact, is, actually, listed as 5-13 under the Department Reports, the budget amendment for the police department should be moved from 5-13 to become 3-L on the Consent Agenda. Then, under Item 4, community presentations, we would like to move what was previously Item 5-E, recommendation about the Idaho Food Bank, up to be Item 4-A-1, so that it's the first thing there. Participants in that have another meeting they need to go to, so we would like to deal with that as quick as we can. That means when we get to Section 5, Department Reports, Item B will not be there, because it's been moved and Item E will not be there, because it's been moved. And other than that, I move we approve the agenda as amended. Hoaglun: Second. Meridian City Council Special Meeting Ashop November 18, 2008 Page 3 of 81 Zaremba: As previously noted, Item 3-K is being removed from this Consent Agenda and we are also including on this Consent Agenda the item that was originally noted as 5-B. And with that I move we adopt the Consent Agenda as amended. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the Consent Agenda. All those in favor? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I heard that K is removed, but is J as well? Zaremba: K was removed and we added an L, which was originally 5-B. De Weerd: So -- Nary: Madam Mayor, Members of the Council, J doesn't need to be removed. It's just a renewal of our ongoing HR consulting agreement. We did lower the amount from the previous year, but -- De Weerd: Oh. Okay. I'm sorry. Nary: -- it wasn't a presentation. De Weerd: Thank you. Rountree: You all right, then? De Weerd: Uh-huh. Rountree: All right. It's been moved and seconded to approve the Consent Agenda. All those in favor? Unanimous. Motion passes. MOTION CARRIED: ALL AYES. Rountree: Next item on the agenda is Community Items. Presentations. First one on the agenda there is the Meridian Valley Animal Shelter and Lieutenant Overton. Zaremba: Mr. President, we actually moved another item into that position, the Idaho Food Bank one. Rountree: A-1 precedes A? Meridian City Council Special Meeting wor shop • November 18, 2008 Page 5 of 81 program to serve this area. And I -- our figures were for 39,000 dollars and the request is for 19,500 dollars that was presented to Sanitation Services for their review. I understand you had had or there were some budgetary types of questions regarding that and let me break that out a little bit more for you as to what's covered there. Three quarters time for a driver, along with benefits and so on. This is a certified CDL driver. We need to have that by nature of whatever vehicle they may be driving. Fuel cost, which we have been able to reduce a little bit, fortunately, and not being too optimistic, but I have knocked a few cents off. If I knock off more I would be guaranteed it would go back up. Insurance on the vehicle, maintenance cost, the quality control review process, which we do back at the Food Bank to assure what we refer to as culling, which we estimate to be about seven percent of the product will be destroyed. That's where the 14,000 figure came from. And, then, the redistribution of that product. Jointly through my reductions in that fuel cost I have been able to -- it's not much, but I have been able to knock 180 dollars off the budget, because, again, I needed to be careful in that. Although my earlier estimates were the 39,000 cost for that full budget, the figure I'm putting in front of you is 38,820 dollars. I know it's not a big difference, of course, but I'm scared to go too much further with that, to be honest with you. We had budgeted initially on this when gas prices were lower and certainly they skyrocketed during our summer months and they have dropped since then. So, that's a little bit about the program. I know you have had some familiarity with it. Last year when we talked -- Mayor, I think it was from you, you were asking about Wal-Mart at that time and your words did not fall on deaf ears. We have been working corporately with them on the national level, not just on the local level and -- because we need to have the standard in place nationally, because that way you get away from the individual store's discretion and when you get discretion sometimes occurring you get haphazard policies. We need something solid there. We have worked very closely with the various Wal-Mart stores to prepare for this in what's known as region four in the Wal-Mart world is ready to come on board as I said after the first of the year. De Weerd: Excellent. Simon: So, that alone, just to give a perspective, because that store alone we anticipate will generate about 33,000 pounds of good product for folks right here in the community and being a little bit conservative with those figures. They are national figures, but, again I wanted to be safe with it. Other questions you folks have? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: 1 guess just to comment on the Meridian Wal-Mart, they have been excellent community partners with us. Police and fire and departments, our anti-drug coalition. So, I know they will be great partners for your program. Meridian City Council Special Meeting Wfo shop • November 18, 2008 Page 7 of 81 Rountree: I need a motion on the request. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we take the recommendation of SWAC for the Idaho Food Bank for the amount of 19,500 dollars. Zaremba: Second. Rountree: It's been moved and seconded to approve SWAC's recommendation for the Food Bank. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Rountree: Thank you. Simon: Thank you very much. Look forward to working with you and serving the community stronger and better. Thank you. Item 4: COMMUNITY ITEMS / PRESENTATIONS. A. Meridian Valley Animal Shelter - Connie Peterson and John Overton Rountree: Okay. John, it's your tum. Overton: I thank them for warming you up for me. Good evening, Mayor, Councilman Rountree and Council Members. We are going to do this in kind of a two part tonight. I'm going to do an introduction and really want to do a where we came from, where we are, where we want to go in the future with our services in animal control in the city. I'm going to try to do in one page a 20 year capture -- very brief, as you can imagine. I have been with the city since 1989 and I can remember vividly in 1989 we had one animal control officer in the city. He drove a bright yellow Datsun pickup with a steel cage in the back that held one animal. Not two, but one. Could be a big dog, if you could get him back out again. We had a dog pound -- not a shelter, but a pound, which is a significant term, and if you look on the monitors and you look at the very top left picture, that was our original pound and it had six kennels inside. It had heat in the winter and it had heat in the summer, because there was no air conditioning and it was an oven. It was designed as a pound. We held dogs for five days. And we didn't really do anything more than that. That was our service. Most people picked up their dogs. A few years later we upgraded to a mid size Ford Ranger pickup and Meridian City Council Special Meeting Apshop November 18, 2008 Page 9 of 81 we all have the same job, we are all trying to do the same thing, we are trying to give the greatest level of service to the community and we are trying to do it in the best manner possible. So, I want to introduce to you a young lady -- I'll call her a young lady -- she's been our volunteer leader for four and a half years and as she stands here today she's still our volunteer leader. She's been a tremendous person to work with and she's going to give you one heck of a presentation on where we want to see this go in the future. So, I'd like to introduce Connie Peterson. De Weerd: I know. I wanted to applaud, too. You know, Mr. President -- Rountree: Madam Mayor. De Weerd: -- Lieutenant Overton that was a very nice introduction to -- to how this has evolved and also from the budget perspective and every year we look at this and say what do we do and how can we start planning for the future and Connie just stood up and took the reins and we appreciate, Connie, your leadership, your passion, and -- and your vision. Peterson: Thank you. De Weerd: Thank you for being here. Peterson: Thank you very much. Thank you for allowing me to be here today to make this presentation. I'll go ahead and move forward. As Lieutenant Overton said, I started four and a half years ago when I was given the opportunity to become the volunteer coordinator and to design an adoption program for our Meridian animal shelter. I, luckily, had several volunteers that were willing to help me during this process and we have done that, we have literally moved the Meridian animal shelter from a so-called kill shelter, as the Idaho Statesman called it, to a shelter that has a 90 percent adoption rate, where only dogs that have vicious temperament or are far too ill are euthanized. Our volunteer group has continued to grow and in 2007 we decided it would be wise for us to develop into a nonprofit 501(c)(3) organization and we are now called the Meridian Valley Humane Society, Incorporated. We did this, basically, because we needed the ability to raise funds to be able to provide veterinary care for the increasing number of animals that we were starting to see come into our small shelter. And when I talk about our group, our Meridian Valley Humane Society, it is actually comprised of 60 volunteers whose hours add up for over four full-time employees for the city annually. If you look at our hours through 2008, just through October we have already logged 7,443 hours and a half taking care of these animals for the city and you can see in the years 2006 and 2007 we logged quite a few hours there as well. I went to make out a list of the services that our little humane society -- or not so little humane society anymore, but does for the city and for the Meridian animal shelter and I literally could have created pages and pages, but I have decided to elect to share with you just a few of the things that we do. We provide adoption and care for over 700 dogs in our shelter annually. Again, we have a 96 percent adoption rate, with only vicious and extremely ill dogs euthanized. We provide necessary Meridian City Council Special Meeting Apshop November 18, 2008 Page 11 of 81 become an issue. When we are overcrowded it causes spread of disease, such as kennel cough and Parvo. It's through our Meridian Valley Humane Society that the funds have been raised that are necessary to take care of these dogs and get them the veterinary care that they need, so that they are able to recover from these illnesses. We recently had a Parvo outbreak in our shelter that threatened the lives of all of our dogs and this is primarily due to the lack of an adequate isolation area for newly impounded dogs. If an ill puppy comes in it's immediately placed in our kennel and that disease can rapidly spread through our entire population. Fortunately -- or unfortunately six years ago when they had a Parvo outbreak every single dog in the shelter was euthanized and it was a terrible situation for our animal control officers. Fortunately, this time, through the efforts of our volunteers and through the funds that we have raised, every single dog that was infected with it survived and have now been adopted into loving homes. When we look at the number of pets in Meridian, according to COMPASS we have a population of over 73,000 residents and 24,000 households. With the percentage of pet owning population households being 74.5 percent in Idaho -- this was a study that was done by the American Veterinary Medical Association -- the number of pets in the city of Meridian is approximately -- or approaching 18,000 pets if each household only has one pet. However, about two- thirds of the pet owning households or 64 percent owned more than one pet in 2006, some of them owning up to five. So, realizing we have a very large pet population in the City of Meridian. That same study demonstrated when they interviewed pet owners that about half of these households consider these pets to be family members. The other half considered them to be companions. And what I want you to recognize here is that no longer does our community recognize animals as simply a possession, but they are a member of our households and that when we are talking about a shelter, it's not just about a bunch of stray cats and dogs, we are talking about the people in our community. These photos that you see were taken from the Meridian city website. These are our animal control officers, Brenda and Crystal, working with seniors and children to educate about animals. So, this dramatically affects our community. I have given you a lot of information, basically, on where our volunteer group is and some of the struggles that we are up against to continue to provide excellence in care for these animals and it's at this point what I'm basically saying to you is that our Meridian Valley Humane Society needs help from the Meridian city to continue to care for our animals and to support a plan for a new shelter. We need a new shelter desperately in Meridian for the following reasons, which I have already touched upon, but to review, again, we will handle over 800 animals in a facility that was designed to house ten dogs this year in 2008. Our shelter can only handle a maximum of 26 dogs. We have 73,000 residents. We have poor ventilation, cramped conditions, lack of veterinary assistance, lack of space for public education and volunteer opportunities. Many, many students from schools that would like to assist, seniors that would like to assist, but we just don't have the facilities for them to be able to help. The location is difficult or inconvenient and, of course, the inability to handle cats within our community or offer any assistance there. For the last two years I have been working with several people to try to come up with an appropriate plan to build a new shelter in this community and as I stand in this City Hall today I realize that this certainly has potential or ability to happen. We looked at a lot of different solutions, Meridian City Council Special Meeting Adhop November 18, 2008 Page 13 of 81 work toward this plan and to give us the opportunity to continue to meet with you to develop some of the very specifics that we would need to make a plan like this work. And it's at this point that Lieutenant Overton and I would be happy to stand for any questions or comments. Rountree: Questions? Comments? Hoaglun: Mr. President, just on this last slide you showed a preliminary floor plan that has a dog capacity of 75. Does that mean it's expandable type of -- Peterson: Yeah. When you look at the way that the dog nuns are and the real life rooms over here, it can handle more than just one dog. So, you really could increase and handle more closer to a hundred -- potential 120 dogs. So, that would just be a minimum. What they do is not just have the rows of kennels, but, again, they develop these things called real life rooms where the animals are housed -- it looks like a room in your home and it reduces the stress dramatically on the animals and on the people that are visiting something like this. I had the opportunity in San Francisco and other places to visit new shelters that have been designed like this and you -- you don't step into, you know, a barking loud environment, you step into a beautiful lobby and you see dogs and cats that are comfortable in their environment, you know, it really would give us an opportunity for our community to have volunteerism and education and all of that for our community. Bird: Mr. President? Rountree: Mr. Bird. Bird: I think it's a great opportunity for the City of Meridian to go forward and explore this with our volunteers, plus the Idaho Humane Society. It's long overdue in the western Ada county. So, I would -- I would encourage us to be involved in the planning and stuff and see what we can do to help it along, see what we can do about raising some money out in the private world. I think it's a very great idea. Glad you guys are -- I thank you very much. Peterson: Thank you very much. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Mr. President. Thank you for the work that you have already done. Peterson: You're welcome. Zaremba: I think this is wonderful to be thinking about going in this direction and I, too, support the effort of let's see what we can do. A couple of questions. Meridian City Council Special Meeting Wol'll�hop November 18, 2008 Page 15 of 81 Zaremba: And my thought is are we charging enough fee when that happens to help with the shelter. I mean it would be a user fee, as opposed to a tax. It would be the pet owning population that would generate the need for this and I could see having them participate in the partnership. So, I don't know if that's a question or a statement, but I guess I'll form it as a question. Peterson: Yeah. And, certainly, I believe that the license fees have been increased just recently. I think Lieutenant Overton could state to that, that they have been increased recently, where those funds are currently being used. Overton: Councilman Zaremba, Members of the Council, Madam Mayor, we did review those last year I believe it was. They had raised those respectfully, which we hadn't done for a long time. And when we raised them this last time we also set the reminder that it's not something we are not going to do again for another ten years. We need to continue to be competitive in how we do this, fair to the citizens, but also fair to the city and in this case fair to this whole partnership on how we do those rates, so that we can try to make everybody happy and collect an appropriate fee for those licenses. Zaremba: Thank you. Hoaglun: So -- Mr. President. Connie, what -- overall what -- what are you looking at your needs for funding? I mean this is a capital project, first of all, but, then, there is ongoing costs. What are your goals? What do you have in mind? Do you have -- have you set some ballpark figures yet? Where are you in that process? Peterson: We have started working with some ballpark figures and, you know, we would prefer to have some specific details in a meeting that we could have with you again and have the Idaho Humane Society present as well. But we have looked at what would be some potential numbers that if this facility were here for the city to go ahead and contract with Idaho Humane Society to do animal control and to go ahead and manage and fund this particular facility. I believe when we look at a potential contract with them about a year ago, it was in the realm of about 225,000 dollars per year to contract with them to handle all animal control and they would manage this particular building. So, it was not too far off or very similar to what we have budgeted currently for animal control within the city. But, again, those would certainly be details that we would need to look at and work out with Idaho Humane Society as well, but they -- they are in addition -- their plan is to incorporate this facility and the improvements in there with the capital campaign that they will be putting together and developing, so we are hoping between a combination of city efforts, Idaho Humane Society's efforts that there will be a culmination of all of us working together to create the funds necessary. Overton: Councilman Hoaglun, if I can add to that. Two years ago I received a quote on a contract and that's the number that Connie just quoted to you. We have been actually looking at this for over two years, almost three years now, and for a variety of Meridian City Council Special Meeting Adhop 40 November 18, 2008 Page 17 of 81 Overton: I knew it was coming. Rountree: Well, I'm not going to drill down into the detail at this point in time, but I do want to express my appreciate to John and Connie to the effort that you have taken. This is a subject that will fill a council room just about anytime we talk about it. It is an important subject to the pet owners. We all love our pets. And I think the direction you're going, the dialogue you have had, I haven't heard this and I appreciate what you have done. You're doing the right thing. Be advised, though, we have entered into a lot of partnerships and they don't necessarily equate to what my expectation of a partnership is. So, I. see a partnership of all the players pulling their own weight and making this happen, as opposed to two or three people talking about it and expecting the City of Meridian to pull the weight of everybody. So, it has to be a dialogue. There has to be a commitment on the part of the, quote, unquote, partners. The other thing is that I don't want to build a sense or -- or a false expectation that we are going to jump into this thing right now. We have done what we have done. We have budgeted what we have budgeted. Fortunately or unfortunately, you preceded a presentation tonight that tells me that we have got 9,000 visits annually to a food bank. We have people going hungry in Meridian. I have before me some information that relates to needs at the senior center unfunded. I'm sure there is going to be a desire to do that. So, we have a lot of competing interests in our tax dollars and as a body we are going to have to deal with that. So, I guess I don't want you to leave here tonight thinking it's going to happen real soon, because it's going to be tough. Peterson: Well, this was -- this was the whole purpose and one of the whole purposes of bringing again Idaho Humane Society into this with their ability to develop capital campaigns and raise funds, because to try to -- with all that our city, you know, has to take care of, that certainly animals is one of them, but there are others. We all have our passion in where we want to spend our time and there are many places and thank goodness we all have different passions, so that they are all given attention. But that was one of the reasons to bring that strength forward is so that we didn't stand before you tonight and say we would like you to take complete control of this, we would like you to bear the entire financial burden and that is certainly not what we -- our expectations of the city is. In fact, the idea is so that the city is just a portion of this and certainly not to bear the brunt of it. Rountree: And that's good to hear and I think we will -- from what I hear, we are going to support this effort and we are going to support to the maximum we can. But, again, we have to do that balancing amongst the needs with the limited tax revenues -- Peterson: Certainly. Rountree: -- everybody wants everything but increased taxes. Peterson: And we know that this will take time to develop as well and thankfully we have a strong volunteer group right know that is continuing to -- able to -- you know, Meridian City Council Special Meeting W000p November 18, 2008 Page 19 of 81 Zaremba: Mr. President, if I may, I'd throw one other connecting idea into the mix here. As liaison to the parks department -- and I will say this without having spoken to the director -- there is quite a bit of communication from citizens wanting a dog park -- Peterson: Yes. Zaremba: -- and we haven't talked about where this facility would be located, but just -- Peterson: We are -- we are -- yes. Zaremba: -- throw in mind it would be nice if it were next to a five acre dog park -- Peterson: You and I are thinking along the same lines. We would love to be in a location that would be potentially a large enough plot of land that, hopefully, we can get donated to this effort and, then, maybe be able to combine having the dog park in adjacent to this Meridian animal shelter would be outstanding. Zaremba: Cool. Overton: Councilman Zaremba, if I could add to that, we have had developers already approach this idea very favorably and we like that. The other thing -- I got -- I just need to mention, because we have seen it happen before with Meridian, because we are the center of this valley, is I mentioned to the director of IHS several months ago at a meeting, that this idea of having a campus here -- I said don't be fooled into thinking you're going to have some small little campus in Meridian. Don't forget what St. Luke's did and the busiest emergency room in the state is now the one in Meridian. I said if you build a facility out here, stand by, it's going to be the busiest one you have. And they know that. So, they already have that forethought. Members of their board already know that that's where the growth is going to be, that's where the need is going to be. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: Just a final comment. I know how far Lieutenant Overton has come on this topic and, you know, if there is -- Connie has done her due diligence on this. We can bring you numbers next time and even numbers that you have seen in the past in option one and option two on budget items and we can make this real -- I think the purpose today was to bring you up to speed on the amount of work that has been put into exploring this as an extremely viable and probably necessary option for the city to move forward in our service to our pet owners and to the animals that do land in our shelters and how we can best move forward in not dealing with the immediate issue, but looking forward to what we will be dealing with in the future as well. So, I -- we will Meridian City Council Special Meeting Ahop is November 18, 2008 Page 21 of 81 packet tonight was the formation of a response plan that adequately served the needs of fire, police, and other first responders. So, that is the recommendation of the task force. And with that and apologies to David for the introduction of him, but I think I'll tum it over at this -- at this time to David Botzier with Connecting Idaho Partners. Rountree: Welcome, Dave. Botzier: Thank you, Mr. President, Madam Mayor, Members of the Council. I am Dave Botzier, program manager for Connecting Idaho Partners and appreciate Caleb giving that intro of what we are here tonight for. We have -- we are still in the gathering of information mode in terms of whether or not this is the way we are going to go, but we wanted to kind of make sure that everyone was giving us a head nod, if you will, that it's not a show stopper to talk about closing Ten Mile Road while we are constructing -- or constructing Ten Mile interchange. The packet that we have prepared, the second page is a bar chart. Two of them -- the top part of the bar chart shows the current plan where Ten Mile would have stayed open, one lane in each direction, while we build. The first half of the new bridge and close and put traffic on the new bridge, tear down the told bridge and, then, finish building the other half of the new bridge for the interchange, as you can see, the interchange itself would take out until roughly June of 2011 to build that way and, then, we would have to work on the main line, the widening of the main line through Ten Mile interchange. The bottom part of this bar chart shows what we think we can do -- and, again, we are still gathering information. So, this isn't completely tied down, but what we think we can do is save quite a bit of time, both on the interchange itself and on when we can open up three and, then, four lanes each direction on the main line on 1-84. We agree to tying it to the anticipated construction or opening the split connector -- that's the only way that we think it will work. During this same time ACHD is planning on doing work on Ten Mile Road from Franklin up to Chert'. So, that part is either going to be closed or under construction, people trying to avoid it anyway. So, we think it fits really well. The real savings is on the main line, because the minute the split connector is open and we can tear down Ten Mile, we can start widening the main line and get the third lane open immediately and, then, the fourth lane eventually when -- when enough of the false work is out of the way for the -- of the new bridge that we are building at Ten Mile. And as you can see, the overall Ten Mile interchange we are projecting an 18 month construction period, instead of 24 months. So, we save six months on the interchange, get it open earlier, but big savings, over two years, of when the third lane on the main line can be open -- third lane each direction on the main line. So, we are -- as I said, we are kind of coming around and making sure no one's got a major problem with this concept. We kind of floated it a year or two ago and can't even remember who said no, but there was a lot of concern and it was about the time Ten Mile Interchange -- or Ten Mile Road had been hit by that tractor -trailer with the excavator was sticking up too high. So, no one was in -- no one seemed to be in the mood to -- De Weerd: The one the board accused me of setting up? Meridian City Council Special Meeting Whop November 18, 2008 Page 23 of 81 benefit, but for the benefit of being able to say, look, this worked and we need to do the same thing for Meridian. Rountree: Any questions? Bird: I have none. Hood: Mr. President? Just another thing to add. Matt just let me know that he did get a chance to speak with Chief Anderson between now and last week and they are on board with closing, so there is no problems there. Chief Lavey I don't think has been involved yet, but Scott Colaianni is also on the Transportation Task Force and he indicated no concern. So, we need to coordinate, but no real concerns with closing that. So, I did just want to bring some closure to that third and the caveat that the Transportation Task Force had. Botzier: Thank you, Caleb. One other thing I forgot to mention in relation to the split corridor. I don't know if you have heard, the bids were open today by ACHD on that and they came in at 3.2 million dollars, about a million dollars under the estimate, as I understand it, and didn't make a difference whether they finished early or not, you know, they had a dual bid to finish in August or maybe late September, I don't know the exact details, but -- so that's really good news I think that hopefully they can focus on finishing the earlier start -- or early finish time, instead of the later one, which will be good. Hoaglun: Mr. President? Since I'm new here and you probably haven't heard me talk about this, I am all in favor of going forward with this. The sooner the better. And I think the citizens -- they understand what needs to be done, they are willing to put up with that inconvenience, because they know it's going to be much, much better down the road. So, I think that's -- and the money savings on top of that, I say go for it. Thank you. Botzier: Great. Thank you. Bird: I concur. De Weerd: Amen. Rountree: Did you have anything else, Dave? Botzier: Well, I can go through other stuff, but you sound like you're already there, so I don't need to. Rountree: I guess my only comment is as you do your traffic analysis on the diversion of traffic, I would like -- obviously, there is going to be project savings just the road user's benefits adding those lanes sooner would be a significant number. But as you look at the detour routes, contemplate temporary signals on Black Cat at a minimum of Meridian City Council Special Meeting Adhop November 18, 2008 Page 25 of 81 Botzier: We are planning on -- this is -- this is one thing that I did mean to mention. We are planning on going to bid in March April time frame. There has been a lot of press about the fact that Orchard wasn't able to go out to bid, because we haven't sold the bonds. We are planning on selling bonds for both Orchard and Ten Mile and several over projects in early January, 7th and 8th of January, so Orchard will go out to bid probably the 13th of January and U.S. 30 project, so the money will be in the bank by the end of January, so that we can go Ten Mile as soon as we are ready to go. So, you will see some dirt turning this next summer on Ten Mile interchange. De Weerd: I'll be there with my shovel. Botzier: That's going to be a great day. Rountree: Any other comments, questions? Thank you. Botzier: Thank you. Appreciate your time. C. Ten Mile Interchange Landscaping and Public Art - Steve Siddoway. Rountree: Next item on the agenda is, again, Ten Mile interchange landscaping and public art. Steve. Siddoway: Thank you, Mr. President, Madam Mayor, Members of Council. I'm here tonight to bring you some information about direction of the landscape design and to seek your feedback as to whether we are headed down the path that you intended. I understand there was a meeting about a year ago before I started on as director, I believe Pete Friedman and Lockner representatives were here to receive some direction from Council. At that meeting about a year ago there was some discussion about the landscaping and agreement that the city was interested in having landscaping. They wanted it to be low maintenance and -- but beautiful and that we were willing to take on the maintenance of that landscaping when it was completed and turned over to the city. So, the big picture of the landscape areas -- oh, just to give you some sense, I'm going to speak to the landscape areas. I'm also going to speak briefly to the esthetic treatments on the interchange itself. I'll, then, invite Nancy Rountree up to speak on behalf of the Meridian Arts Commission and, then, Sue Sullivan is also here from ITD to help address the funding issues and she let me know right before this meeting that she does have -- she did run that up the flag pole to find out where that was and she has some information tonight. But on the landscaping specifically, the big picture is we wanted it to be attractive, but lower maintenance. We have two medians in Ten Mile, we have four islands in the interchange. There are 16 acres of slopes adjacent to the interchange on the ramps and there are storm water detention areas, but right now the current thought or plan is that the city will not be maintaining those storm water detention areas unless there is a feeling among Council that we should be. Meridian City Council Special Meeting whop November 18, 2008 Page 27 of 81 those sections. So, before moving on, I would ask -- oh. I'd also point out that in the -- the pages that I handed out to you I did solicit a cost estimate from Senske Landscaping for maintenance. I asked them for a range of options from what they call bear bones or at least some minimal maintenance at 17,000 a year, up to a showcase option, if we were wanting to be in there much more that would be basically double that. But there is some --there is a range and I just wanted you to have that range in front of you, so you know what I'm anticipating the needs to be when this does come on line for maintenance. These prices do not include the mowing of the 16 acres of slopes. Right now I'm hoping that we would be able to attract inmate labor or something like that and have them mow that, but with the slopes being two to one, it's basically going to be all hand work, it's not something we can run mowers across and take care of that, so be out there with weed eaters probably once a year and taking care of that. But it will be irrigated and it will have grasses and possibly wild flower seed and stuff like that in it to help keep it attractive. So, before moving on to the bridge esthetics, let me pause and just ask Council if you have questions and if you believe that the design of the -- the landscape elements are moving forward in a direction that you anticipated. Hoaglun: Mr. President. Steve, I just had a question that you said that it was -- you're planning on irrigating, but are these drought tolerant species? I mean -- Siddoway: Yes. Hoaglun: -- we know the water situation in the valley, I mean we are not going to be pouring thousands of gallons, but they require watering to keep alive, but -- Siddoway: Yes. Definitely. They are all -- none of them are super thirsty plants, they all have a lower water requirement, but they all do require irrigating to stay alive. But nothing on the lines of a lawn. Rountree: Mr. Hoaglun, I might interject. We did talk about reused water application here as well, so -- and it looks like a real possibility. Siddoway: Yeah. There is still a few miles for the pipes to go to get there, but it sounds like that's the vision. Definitely. Rountree: Great. Siddoway: Any other questions on the landscape or -- is there some general consensus that I would get that this is the direction that you had anticipated? Rountree: I think you have got thumbs up on that. Siddoway: Okay. Rountree: Move forward. Meridian City Council Special Meeting Wtop November 18, 2008 Page 29 of 81 that were looked at included emblems of Idaho, statewide Idaho recreation theme, and the celebration of parks and pathways and this is the one that caught the most attention in the meeting that we were at and the graphic down here at the bottom caught the -- got a lot of attention for its tying into the theme of families in Meridian and ITD went back in the last couple of weeks and has done some additional work and have shown us how that could be incorporated into the bridge design with two eight foot graphic panels that would be placed side by side. One with the tree and the path, one with the family walking along the path, and that those would be incorporated into the wing walls -- I'm going to go back just a second to point that out. You can see along the wing walls that these elements -- and there is different slopes on different size, so, for example, they felt that this part -- this side may only accommodate two while this side may accommodate four of those panels, but the idea is that those panels would go up those -- those walls as you're going along the on or off ramps. Then, the designs that you see along the stem wall here and the parapet up top, we can go forward again. And those are the graphic details that we were looking at that, incorporating the -- playing off the pathway scene in the other graphic and I will pause there and I'm going to invite Nancy Rountree up, because she was at the table when we were meeting on these and has also gone back, talked with Meg Glasgow with the Arts Commission and had something to say. N.Rountree: Not much. Madam Mayor, Mr. President, Councilmen, Meridian Arts Commission wholeheartedly supports the use of aesthetic elements to improve the visual experience of our residents, visitors to our city, and the traffic -- or travelers on the freeway. The proposed project that you have seen is a design showing a park -like setting, meandering pathway, and a family. This supports the idea of the family values and Meridian is an idea place to live, work, raise a family. In addition, the Meridian Arts Commission would like you to know that we look forward to -- I don't know why I'm so nervous -- the integration of public art and to future projects in Meridian parks and along our major roadways. We have dreams of sculptures, murals, and interactive art projects. Under perfect circumstances MAC would participate early in the design and planning stages to insure the highest quality of art. Most public art projects take about two years from start to finish. It is our desire to engage the artistic community and the citizens of Meridian in the process of making a truly successful public art project. Rountree: Comments? Questions? Thank you, Mrs. Rountree. De Weerd: Mr. Rountree -- I mean Mr. President. Rountree: Madam Mayor. De Weerd: I guess we would ask that Matt could get on the public -- or the public art project of taking that family and putting it in a bronze statue on one of our landscaped islands. Yeah. I know. We are asking for the landscape to be paid for, not necessarily the statute, but if there is extra savings, you know -- Rountree: Steve. Meridian City Council Special Meeting WoRop • November 18, 2008 Page 31 of 81 Zaremba: I think the answer -- go back to the one that you drew on. The answer I'm getting, though, is that each of those circles has to be the same picture. Rountree: That's correct. Siddoway: Yes. Each of those circles -- again, we can get up to two panels, but those two would need to be repeated. Zaremba: But it can't be a different two panels on the next one. De Weerd: No. Siddoway: Right. Because of the cost associated with the panels. Zaremba: All right. Thank you. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: And maybe the question is for Sue, but was there further discussion not putting color in there? Siddoway: I have not heard back on the color, so I don't know the answer to that. De Weerd: Well, since you had the color pen, you know, it just reminded us of the color. Sullivan: Madam Mayor -- Rountree: Sue, before you start, I understand congratulations are in order. Sullivan: Thanks. Thank you. De Weerd: For what? Rountree: Good job. Sullivan: I got -- I'm going to be taking a new job in a couple weeks, the environmental section manager. Hopefully, will get the new NEPA documents out and -- De Weerd: Oh, that sounds really exciting. Well, congratulations, but we hate to lose you on this project. Sullivan: Well, I'm sorry I won't be here to tie this one up and finish it, but you got to do what you got to do. As far as the paint -- I didn't have -- I didn't really get a one Meridian City Council Special Meeting Wo9op November 18, 2008 Page 33 of 81 Sullivan: It was recommended that approaching the board with at least some level of financial participation might be a good idea. De Weerd: And I think Meridian has come with maintenance and their offers. Rountree: We can always rethink the previous decision. De Weerd: We won't kill the messenger. Especially after she gets such a nice promotion. Rountree: We understand where it's coming from, Sue. Sullivan: Well, it's all about money lately, but do you have anymore questions about -- the bridge aesthetics are okay. De Weerd: So, Mr. President, we need to contact the GARVEE manager and the District Three engineer, is that -- Rountree: I would suggest that you contact the board secretary and get scheduled for the board meeting -- is that next week, Sue? Or is it -- is it tomorrow and Thursday and Friday? De Weerd: Mr. President, I guess we will request to get on the agenda at the earliest possible time. In the interim we will talk to a GARVEE person and the district engineer. Barry: Madam Mayor? De Weerd: Who said that? Oh. Bary: If I may -- if you're making requests to that group, the Public Works has an additional request for your consideration and that is that the irrigation system be -- specified with the purple pipe standard as referenced in IDAPA 5801.17, so that in the event we are able to plum this system with reclaimed or reused water, we will have the infrastructure in place and not have to tear it out at another time, since we are talking about approximately 17 acres of irrigated landscape, should we be moving in that direction. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: Then, I would ask if perhaps, you, Robert, and Tom can work on a letter to draft to the board and to also cc the GARVEE administrator and district engineer that can precede our meeting that we would set with them and to also put in the letter Meridian City Council Special Meeting Wo0*op November 18, 2008 Page 35 of 81 Watts: We have 14 items on the wish list at this point. It will grow as we get more feedback from the departments. I think the number one concern in this wish list is the emergency power to the server room. It was estimated to be around 50,000 dollars originally to get power to all of the communication closets. The server room is powered by the generator, but it is powered alone. In order for everything to work we do need the closets to be powered as well. A closer review of it shows a cost of 38,000 dollars estimated. This is to power all -- I believe all of the closets and I do need direction from Council as to whether they would like to proceed with that. It was not in the original design. IT has expressed a -- a have real need for this. Rountree: Comments, questions, on that item? I guess my comment is it doesn't make a lot of sense to have backup power to the server room if you can't turn your computer on. Watts: That is exactly true. Without the power to those closets our phones do not work, the computers do not work -- essentially, the building is down. It will provide connectivity for the fire department and the police department, because the wireless will be powered, but internally inside the building we do not have any connectivity. Rountree: Desire of the Council? Move forward with that particular item post haste. Get us a plan and the cost -- final cost. Watts: Okay. Thank you. Rountree: And a budget. Watts: The next item that I have that I'd like to talk about is item three, which is the plaza lighting. There was discussion of possibly trying to tone down the lights in the plaza, possibly going with a -- the yellows you see on the streetlights, which are high pressure sodium light, versus the white lights that we now have. The estimated cost for that is 19,871. The electrical engineer who did design the plaza and the lighting does believe that the white lights that are in the plaza are the correct lights. He suggested that we leave them for various reasons. One of them is to separate the plaza from the street. We could look into possibly lowering the -- I believe the wattage or getting a lower watt ballast, which would be an additional cost as well. If I could hear Council's thoughts on this item. Rountree: Well, I will give you mine. I rather like the bright white lights with my older eyes. Bird: I don't disagree. De Weerd: Mr. President? Rountree: Madam Mayor. Meridian City Council Special Meeting Woop November 18, 2008 Page 37 of 81 Watts: One of the things I have asked the electrical engineer to look into is to provide a brighter bulb in the water features in the front pools. The lights as they basically wash out the lights that are in our front pools in the water features. So, I did ask him to look into seeing if he could put a brighter bulb or somehow increase the output of those lights so they do accent the water features. Rountree: Further comments? De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess I would like to see if we can get a little bit more detail on what the choices are. You know, I don't know -- maybe I'm not here tonight, but I'm not really following what the choices are and what that means. I guess, you know, when we first started talking about it it was trying to -- to bring the plaza even out to the street and have the same warm lights that -- that the streetlights had. And I know that met some resistance from the architect. If that wasn't possible, how you could reduce the illumination or whatever the appropriate word is, out in the plaza, so you could show some of the -- the different features that are possibilities out there with the different venues and even with what we have out there with the lights behind the water and to illuminate the water features in the evening or after -- after dark. So, I don't know if you feel comfortable, Keith, with the information you have on what -- what all the possibilities are. Watts: Well, we do have the -- the option of changing out to a lower wattage bulb and fixture I believe and I will get with the electrical engineer to ask to get a price on changing those out to a lower output. The price that we have in the wish list right now is for changing those out to a low pressure sodium. I will check to see if there is a lower cost alternative to that. I believe he has researched everything he could, but I will confirm and come back to you. De Weerd: Keith, what is -- what is the -- I'm sorry, Mr. President, follow up. Rountree: Madam Mayor. De Weerd: What is the current wattage? I mean we have a LEED certified building. Are those energy efficient? Watts: I will have to check into that. That I can't confirm. De Weerd: Okay. Did we forget to tell the plaza guys that we were doing an LEED certified building? Watts: Well, it is quite bright. We have -- we did, actually, remove eight lights from the plaza as it is right now from the original design, to try to tame it down. Meridian City Council Special Meeting W000p November 18, 2008 Page 39 of 81 teen temperatures for a week or two at a time and you're not going to keep that water warm enough with water trough heaters and so we need a contingency to either get those things pumped out, de -watered in a hurry, so when it's minus 10 or minus 20 for a week or two at a time we don't end up freezing the whole shebang. And I don't think a system to heat that water in those kinds of extreme conditions is something that will be that easy to install. Watts: No; it would not be. We have looked into the possibilities that this would just be for a normal winter. We did modify the system to where we can drain it rather quickly now and that was completed I believe this last week, so that's in place now. If temperatures did drip — or drop we could drain the system very rapidly. I will continue with that and move forward. I also have two card readers that we are looking at. I have -- as many of you probably have walked the building, there are many opportunities to put card readers where we have key locks. Now that the building is up there is many placed we would prefer to have card locks. The two that are on here right now are for the mail room, so we can keep the mail room open and attempt to utilize it as originally designed, rather than trying to issue so many keys to the mail room, it would make more sense to have a card reader, so someone can go in and get the mail, process mail without having to leave it -- the room open and unlocked and still allow employees in. The cost of that is 3,154 dollars. Rountree: Comments? Guidance? My position is I don't want another key to carry around, so -- Watts: I will be bringing more card readers back to you with a larger list once I get it compiled. It's estimated that to put the card readers in now, aside from these two, will be somewhere between two and three thousand dollars apiece for the hardware and the card reader and the installation. And I will be bringing that back to you probably within three weeks. Rountree: Okay. Watts: Would Council desire for me to move forward with these two in the mail room at this time? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I must be thick. I'm missing something in this. Are we saying that the current system that we have isn't working or that it isn't applicable in enough places? Watts: It's not -- we do not have enough card readers in enough places. Zaremba: So, the system works, we just -- Meridian City Council Special Meeting Ar shop November 18, 2008 Page 41 of 81 you cannot get in, because -- you can't even get into the building without a key. You come in through the receiving area and you come to a door -- one goes to the mail room and the other one goes to the hallway, which leads to the back of the chambers here. Both of those are only accessible through a key. There is no card reader on that -- in that area. Nary: And, then, the other access is through the freight elevator, which you require a card access to make it operate. It won't open -- I don't think it will even open on the first floor side without a card access. De Weerd: Okay. I just -- Bird: We secure ourselves so we don't know how it works. De Weerd: I don't get it either. Why -- why do we not send our employees -- not through the freight elevator or the receiving area, but through the same way every one else would come through? Nary: Madam Mayor, Members of the Council, I could probably answer at least part of that. Part of the reason for that rear access is that's the bicycle entry as well, so for employees that ride bicycles to work, that's their access to the bike storage area, so we want them to not bring bicycles to the lobby, but actually through the receiving area. So, that's their access into that. They can access the freight elevator, go down to the basement, put their bike in the bike locker. That's the reason for that -- that access door and -- De Weerd: Not the mail room. Nary: But not the mail room. It's a key. I mean Mr. Watts is absolutely right, we have a lot more keyed doors than vire probably need and we have a lot less electronic access doors than we probably need. Bird: I don't disagree. Rountree: Well, I don't disagree with your comments, Bill, in terms of having the security committee put together a plan and a prioritization of the building, not just a lock set at a time and there may be at least the hardware in terms of the locks that can be moved and, then, the expense of doing the appropriate wiring to make them work. I agree there are spots that have locked doors that just seem to make a lot of sense. So, if you can -- put us together a plan, prioritize it and need now, need soon, need to monitor and a cost and bring it to us and we will deal with it that way as a group. Watts: Thank you. Bird: And get it to us before the night of the meeting. Meridian City Council Special Meeting Workshop November 18, 2008 Page 43 of 81 here and got on their skateboards and were grinding on our brand new concrete already. I believe this is a need that we need to do right away. Rountree: So, not a question for you, Keith, but a question for Mr. Nary and Mr. Stowe. In terms of our ordinance, enforceability and do we have a large enough fine to discourage that? Like can we make it a felony? Stowe: Mr. Rountree, Members of Council, Madam Mayor, I don't know that our fine is big enough, large enough -- I don't know that I'm talking on this well enough. Rountree: It's good. Stowe: I am? Okay. It's something that our patrol people need to be aware of and can certainly address by putting more patrols over in the area and taking enforcement action. I don't know that -- without being on the night shift I don't know that they have been aware of that yet, but I will certainly make them aware of it and, then, if we feel that the fines aren't big enough I think that we can certainly address that through another resolution or amendment. Rountree: Mr. Nary. Nary: Mr. President, Madam Mayor, Members of the Council, I guess I'm -- we don't have an ordinance that prohibits people from riding a skateboard, but we do have park regulations and one of the things that we have discussed internally on my staff is whether or not the Council would be willing to consider designating the plaza as a park. Therefore, the park regulations would apply, which do have regulations against skateboarding and allow ejections from the parks under our current ordinances for violation. I would still recommend that there be skate stops, because we aren't certainly going to be out there 24/7 policing that and the damage that can be caused by skateboards on rails and the concrete is significant. But unless you want us to craft an ordinance specifically just for the plaza, your better way, possibly, of what you already have in ordinance is to designate that a park and, then, you already have rules in place for it. Rountree: And I think that's a good suggestion. We don't need another ordinance, but along those same lines do we have signs ordered for both -- this is no smoking area and no skateboarding area? Are we going to be -- we probably have to post those kinds of signs to make them effective -- or to make them enforceable. Nary: Mr. President, Members of the Council, yeah, I don't know, I think Mr. Simmons and I have discussed that on getting signs. I don't know if they have been ordered, but I think you're correct, yes, we need to post it, especially if we want to -- if we are going to designate it a park, then, we would be able to post park regulations that are applicable, including the skateboarding, the ejections rules, those kinds of things, similar to what we see in the other parks around the city. Meridian City Council Special Meeting Workshop November 18, 2008 Page 45 of 81 Watts: Yeah. And we will move forward with that and I will get with the necessary parties to get the signs made and find a good location for them. Item number eight was an irrigation controller and after speaking with Petra and with IT, I believe we won't need this. There was not an irrigation controller spec or bid for the plaza area to connect to the maxi com system that the parks uses and after speaking with the IT department, they believe that we could run it through -- run wires from the plaza Heritage building into the -- into the server room and control it through our internal network. So, I will hold off on asking for that controller at this point. One of our bigger issues in our wish list are HVAC vents that are under these people's desks or lacking or possibly in an undesirable spot. It's estimated that it would cost around 15,000 dollars to relocate all of these vents throughout the city -- throughout City Hall to accommodate everyone. We had not put these in order of priority or quantities necessarily, but put together an estimate for taking care of the entire building. I would like to have some direction on where to start with the -- there are some vents that are literally right underneath people's chairs that they roll over and you have cold air blowing straight up into someone. Those would definitely be the priority. Rountree: My comment is the first thing we need to do is evaluate the -- the office set up and see if there isn't another way to arrange the office furniture to accommodate the HVAC system if it's not too inconvenient or makes the workspace non -usable to the employee. After doing that I think you put together a plan similar to the plan we talked about with the lock system of what ones are a real issue in terms of having warm or cold air blowing on you continually, as opposed to the inconvenience of rolling your chair over it occasionally, so -- Watts: Okay. I will -- I will try to sit down with each department individually and review these. If we -- if we do rearrange offices there will most likely be a charge to relocate electrical boxes, which would be cheaper than moving an HVAC vent. But I'll put a plan together. Rountree: Okay. Watts: One of the other -- by December 13 was Elroy from the parks department has requested that we put two electrical outlets in the planter beds behind the entry pools. It was 700 dollars for those two electrical outlets. Speaking with Elroy, he had initiated -- or informed me that he had the funds in his own account that he could take care of this and it wouldn't come out of the building account, so he had offered to put those in, for a cost of 700 dollars. Rountree: That's between him and his budget and his director and his liaison. De Weerd: Mr. President? Rountree: Madam Mayor. Meridian City Council Special Meeting Whop November 18, 2008 Page 47 of 81 Rountree: Okay. Keith. E Watts: The last issue I'd like to talk about are -- is our signage. There have been discussions at the directors' meetings that directors would like names, not just titles, for the individual offices and also name for the cubicles. It has been discussed and the directors would like to be able to send somebody back in their area or have someone send a resident back or a customer back to meet with somebody and instead of saying there is -- you know, go see so and so in the back in one of those 16 cubes back there that actually have a name on it, so they could find people, the estimated cost for those is 3,000 dollars. This is for individual offices and cubicles. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I certainly don't support this. We had this discussion when we started talking signage to begin with and I certainly would hope that if we have a citizen that we want to meet with one of our staff members that is outside of the lobby, our staff member would come and get that citizen and bring them back to their office or their cubicle. So, you know, I -- it's 3,000 dollars that I can't support. Nary: Mr. President? Mr. President, Madam Mayor, Members of the Council, I mean -- and I'm not here as a spokesman for the directors, but there are signs printed all over this building that are misspelled, have the wrong titles on them, that are labeled office. We printed dozens of name plates that don't match anything and they were printed off a floor plan that wasn't intended to be used as a location device and they have already been printed. So, the direction -- or the -- what the directors said is if you're to put a name plate there, then, it should be accurate. It should reflect who sits there, rather than what was done. It was never brought to any of the directors to sign off or to designate what was supposed to be there before they were already printed. So, the problem is is you already have signs there that don't reflect anything and it looks very unprofessional in some of our areas that have signs that say office printed on the wall. It's just -- it looks -- it looks very poor, in my opinion. I agree it's an expense and how we budget for that expense, either now or in the future makes some sense, but it was printed incredibly poorly without any input from any of the departments. So, if you don't want to do it now, that's fine, I mean I don't think -- it certainly doesn't make any difference to me, but we have -- we have these all over the place with the wrong titles the wrong -- some of them don't have the right direction, some of them don't say who sits there. I mean it just doesn't make much logical sense for an office building that doesn't have -- if we are going to put signs up there that are already there, that they should be accurate and that's the problem. It isn't just that there is some -- it's not a vanity issue where people are wanting a name plate, this is the signs that already exist that are printed incorrectly. Now, we could stage these and do it over the course of another year, but it just looks very unprofessional to have name plates all over this building that don't reflect anything, except office or a title that doesn't reflect actually what the person that sits there does. I mean, you know, again, 0 Meridian City Council Special Meeting Workshop November 18, 2008 Page 49 of 81 Watts: Yes. De Weerd: I'm song, Jack, you need to speak on the record. Rountree: We need to be able to tape you. Vaughn: Thank you, Mr. President, Madam Mayor and Council. Jack Vaughn with Petra. Just a clarification. We currently have two ASI's that have already been approved and are in the process and ASI 159 was actually finalized today, involved the two signs that we were waiting on the -- the labeling on, plus a number of signs in Mr. Nary's area. So, we think we got all the sign issues resolved, with the exception of whether or not we want to put individual names on. De Weerd: Any other comments? Direction? Keep on track there. Watts: Thank you. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess just to recap a discussion we had during our punch list earlier, is two changes that I discussed with you that I'd like on the record and that is to move a fire extinguisher in the history center to the wall that the thermostat is on, as well up in the art gallery, the two thermostats and the first extinguisher. The fire inspectors have looked in both those locations and have approved the new location that we'd like them removed to and the thermostats also were discussed with the architect and he said that should not be a problem. So, just to have that noted on the record for that change. We have asked Keith to get that corrected in writing to Jack and so that work can proceed. Certainly, the history center has more immediacy than the art gallery, since there is an art exhibit up there, but we would like that moved as that work is able to do so. Bird: Madam Mayor -- or Mr. President? Rountree: Go right ahead. Bird: Clarification. Those are extinguisher boxes not extinguishers. I thought we could move them ourselves until I figured they were an actual cabinet. Watts: Correct. Bird: A cabinet. De Weerd: Well -- okay. I'm not good at this construction lingo. They are just fire extinguisher to me. That are inconveniently placed. Meridian City Council Special Meeting Workshop • November 18, 2008 Page 51 of 81 Watts: I do have one -- one other item. It's in conjunction with the parks department for proper snow removal for our front plaza area where we have the pavers in, the parks department would like to purchase a broom attachment for one of their pieces of equipment. They do have an available budget right now that I can let Steve give you the dollar figures, but we are short a couple thousand dollars to purchase that piece of equipment. There is some -- some concern on how we will do snow removal on our fresh concrete and on those pavers to make sure we don't damage anything. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess let's put that on the agenda for next week. Watts: Okay. De Weerd: Under department reports, so we can public notice it and get the information in front of them. Watts: Okay. We will bring that back next week. Thank you. Rountree: Thanks, Keith. Bill, did you plan on -- Bill -- Bob. De Weerd: Bill Bob. F. Update on E. 3rd Street Study - Matt Ellsworth. Rountree: I need a break. Bob, did you plan on staying the evening? Okay. I'm going to move Matt up next and after Matt we are going to take a break. But, Matt, go ahead and give us the update on 3rd Street study. Are you doing Traffic Safety Commission as well? Ellsworth: Mr. President, Members of the Council, Madam Mayor, when Mr. Nary and I discussed that earlier, the plan was for him to take on the Traffic Safety Commission's recommendation and I was going to handle the 3rd Street update. Rountree: Okay. Let's get the 3rd Street and, then, you can go home. Ellsworth: Fair enough. This is sort of a brief two prong update to follow up on the joint meeting between the City Council and Ada county commission on October 6. At that meeting two directions came forward. The first was to formally act on a chosen alignment, which was discussed by both bodies at that meeting. On screen right now is that chosen alignment, referred to as extension option two. It's the 3rd Street to 3rd Street alignment. ACHD considered and formally took action on this on November 5th. At the same time -- and this gets into the second piece of this update. They also considered the recommendation to encourage COMPASS or to request that Meridian City Council Special Meeting Workshop November 18, 2008 Page 53 of 81 (Recess.) C. Recommendation of Consistent Speed Limit Traffic Safety Commission. Rountree: Bill, you know, the floor is yours and all the rest of this stuff is pretty much yours, so you can kind of start where you want to start, but the next one is Traffic Safety Commission, if you want to go in order. Nary: Thank you, Mr. President, Madam Mayor, Members of the Council. There is two traffic safety recommendations. I will bring those up first. The first one was -- is titled -- I think it says recommendation of consistent speed limit. So, we did talk today about speed limits on three east -west roads in the city and what we would be seeking from you is based on our recommendation from the Traffic Safety Commission. We would be seeking a letter from the Mayor and the Council to ACHD, either confirming -- affirming those recommendations or whatever additional recommendation. There was also two recommendations on north -south roads and I'll show those up as well. The first one is at Pine and currently if you look on your map -- and you have got a hard copy, as well as an electronic copy, on Pine Street in the downtown area you can see on this map going both east and west, Pine is 35 miles an hour all the way from Ten Mile all the way to actually through now, because this is connected as you well know -- is connected through all the way down Executive Drive all the way to Boise and this part of Meridian it's all 35 miles an hour, except for the section right near Meridian Elementary and the 25 mile an zone starts at approximately -- make sure I do this right. It's approximately in this location right here, which is about 3rd Street. The recommendation from the Commission is that we move that 25 mile an hour zone back to 8th Street, because there is a lot of foot traffic in that area from children, both at the middle school, as well as the elementary school and also from the traffic safety officers, what they find is that Main -- or, excuse me, at Meridian and Pine when traffic is going westbound, they can see the 35 mile an hour sign at about 3rd Street from the intersection. So, what the traffic safety team said is a lot of the traffic tends to accelerate -- by the time they are actually in front of Meridian Elementary they are already going 30 miles an hour and so they are accelerating going, essentially, westbound. So, the recommendation was to move the 25 mile an hour zone back to 8th Street, so that it would be, essentially, consistent all -- from 8th Street to -- it's approximately 5th, I think -- East 5th area is where this is, so that it would be consistent all the way through that downtown core area. Questions about that particular one? Rountree: One comment about it. I came through that location today at 4:00 o'clock and the school 20 mile an hour lights were flashing. There wasn't a child within four miles of that location at 4:00 o'clock in the afternoon. It seems to me they ought to be timing that and I still have problems with reducing the speed limit that far away from a school zone. Meridian City Council Special Meeting ®rkshop November 18, 2008 Page 55 of 81 0 schools, because there are crossing guards at Main Street, so you may get some of that foot traffic going to the school that direction. They could move it back -- I mean if we are going to move it up one side because of the school, they can certainly look at moving it further from around 5th to closer to 3rd. I guess I'd just be hesitant to make the speed change right at Main Street, just because I think that might be a pretty abrupt change if you're going 35 and suddenly at Main Street it changed to 25. But they could look at maybe moving it down to 3rd if you would like. Hoaglun: Mr. President? Rountree: Mr. Hoaglun. Hoaglun: Continuing on Pine Street going west of Meridian Road to the school -- and I happened to come through there today and it all depends on traffic flow what my route is to northwest Meridian and I end up on Pine turning before Pine Street, because that left tum there can be just -- at 5:30 is just terrible. You pop out, you know, it can be 3rd, it can be 4th, 5th, whatever those are there -- it doesn't go clear down to 8th. Now, people popping out there, that's going to be pretty tough to be going 25, because you're beyond the school, you know you're past the school and you're ready to -- you're ready to go. I mean it's -- and people are racing out, then, to Linder and whatnot. If it's an issue of people starting too fast when they are still in the school zone, could they just move the 35 mile an hour speed limit sign farther down and it keeps that speed a little lower for a longer period of time? I mean going to 8th is -- that's a long ways down. That's adding five blocks from where it currently is. That's going to be a -- that's going to be a -- what people are used to and you're already past the school and that's -- that's a distance. That's my two cents on that. Nary: Mr. President, Madam Mayor, Members of the Council -- oh, I'm sorry, Council Member -- Rountree: Go ahead. Bird: Mr. President. I probably travel that street more than any of them down to West 8th. I agree with the traffic commission, I think they need to go down to the 25, because you not only have -- you not only have elementary kids walking that road, you have middle school kids from 3:00 o'clock or 2:40 on walking that road. So, I -- I definitely believe that from Main Street to West 8th that should be 25. Because, actually, the 35 mile an hour speed limit right now -- the sign is right there in front of Schmeckpepper's place, which is just before -- about a half block before West 4th and it jumps to 35 and I know there is a lot of people that -- and your lights are down between 2nd and 3rd, so -- your blinking lights and I know there is a lot of people that get mad at me, because I -- there is so many kids on that road, junior high kids coming home and stuff, that I -- I very rarely get to 35, let's put it that way. I see nothing wrong with it. The safety of the kids especially. Especially in the mornings when you see little guys walking to school in the dark. Meridian City Council Special Meeting Voshop November 18, 2008 Page 57 of 81 19 De Weerd: I'd like to see it consistent 35, except when the lights are flashing and, then, it's 20. Nary: Twenty-five was a police department recommendation. That was why it was moved to 25, both on 8th Street, as well as -- as Pine Street. Now, I don't know -- I don't know -- since he's not here -- I don't recall if that recommendation from the police was prior to the flashers being installed, because those don't -- my recollection, those haven't been there as long as the speed limit, but, again, I'm not -- not certain on that. Bird: The flashers? No, the speed limit was there before the flashers on Pine Street. Nary: Right. Bird: On 8th Street, the middle school flashers, was a long time after the 25 miles was there. I can assure you that if our police officers wanted to, could sit on 8th Street and never -- and make his wages in about an hour. Nary: Right. And I think that was — that was the reason the 25 exists was because of that. Bird: And I'd be out there helping him, because, as you know, some of that don't have sidewalks. Nary: Right. Bird: And those kids are walking out there in that road and you know how little guys are better at staying on the sidewalk and these middle school kids are goofing around and jumping around and stuff like that, I think 25 -- what the Mayor says, they want to go 35 down Pine Street, that's, I guess, fine. I don't -- 8th Street between Cherry and Pine no way should be 35. Nary: My only other thought -- I mean, again, we can -- we can include in this letter from the Mayor and the Council about the flashers and revaluate where the locations are. I wouldn't recommend you raise the speed. limit in front of an elementary school or the middle school. I don't think that's probably going to be viewed very positively, but moving the flashers or creating more flashers so it's clear when you don't want people to be speeding and when they have better awareness, that's certainly your call. De Weerd: Are we going to lower the speed limit, then, in front of Sawtooth and Heritage? I mean -- I guess -- Nary: No, you don't have -- well, I -- I drive this every day and there still are kids that walk in the borrow pit next to -- next to Linder. Not anywhere near the amount of kids that walk along 8th Street and Pine Street in that particular area. Mostly because there isn't a safe where to walk. So, I mean there isn't a lot of kids walking there. Meridian City Council Special Meeting Workshop November 18, 2008 Page 59 of 81 Nary: And what happened is -- it's kind of the same discussion we just had about Pine and Meridian, people have started accelerating, because they could see across here it was 50. So, they'd actually be hitting this intersection at 50 miles an hour in anticipation of that. That was the reason that we moved the sign back further for 45 and it helped lower the speed. We haven't experienced a similar amount of crashes since then, so it seems to have been effective, so the commission didn't make a recommendation to change that. This 35 mile an hour section through town -- it appeared -- when we looked at it as a whole, if you look at this entire area here, all of the roads in this area -- well, I guess but for this one particular one and this one particular section here, are all either 35 or 25. So, the recommendation from the commission is to make this section of Franklin Road from Linder -- from -- basically so it would go from Linder to Locust Grove, 35 for the whole thing. Rountree: Let's quit spending money on roads. Nary: Well -- and the discussion was, of course, it's 40 now. I mean it's 40 currently. It changes to 40 right past Main Street. And we haven't experienced a great deal of crashes. But the problem the police have is the roads change all the way along. So, either leave it at 40 or raise this to 40 through town, which didn't have much support -- there was discussion about it, but it didn't have much support to run it 40 all the way through this portion of town, especially past the park and everywhere else. So, this section you either just have to leave it or to make it 35, that was the recommendation. Rountree: I guess my point on Franklin is the worst urbanized section of Franklin from west of Cloverdale to Five Mile is 45 miles an hour -- Nary: Right here. Rountree: One of the best sections and least accessed stretches is from Linder to Meridian and it's 35. My recommendation is to make the whole corridor 40 and we've spent millions of dollars trying to get traffic to move through our community and the next thing we do is we take away the capacity by reducing the speed limits. With the signalization, the tum lanes, the tum bays -- and I drive that road a lot and I'll bet the 80th percentile on that road is more like 45 miles an hour, as opposed to 40 and it sure isn't 35, because nobody drives it 35. And, again, you can post speed limits on a road, but people will drive them that -- to a speed that they are comfortable with and that are typically safe. So, there is no point in taking the capacity out of those systems, spending millions of dollars to make those improvements only to make people go 25 or 35 miles an hour. You may as well leave them two lanes. Nary: So, the recommendation would be, then, to not lower this speed limit, but raise this section from Main Street to Linder to 40? Rountree: That's only one -- Meridian City Council Special Meeting W rkshop • November 18, 2008 Page 61 of 81 Nary: Right. Okay. So, if that's the Council's -- De Weerd: I mean I can only speak from experience. Nary: So, is that the Council's pleasure, then? On this recommendation we need to make the section between Main Street and Linder 40 miles an hour? Rountree: That would be my preference. Bird: It will tie right into it. Yeah. Just make it 40 all the way down to Ten Mile. Nary: Okay. Bird: From our city line on Cloverdale -- or just a quarter mile west of Cloverdale right where it's 40 -- just stay at 40 all the way to Ten Mile. I think the biggest complaint I have heard on Franklin is the changing of speed limits every block. Rountree: Yeah. Everymile. Nary: Touchmark is about here is where this changes -- is where this 40 to 45 switches over. Bird: And that's just about our -- I mean it's inside our limits. Nary: The next area we discussed was Fairview and this was not a recommended change at the moment, there is -- obviously, you could see here that it's 35 on most of Fairview, except for this one section here between Locust Grove and Eagle Road and that's -- from ACHD's perspective some of that's contingent on some of the developments going on. Pine Bridge as well. So, they anticipate within six months to a year reevaluating that roadway based on some of the changes. Right now it switches around D&B to 40 and, then, it may end up at 35 depending on Pine Bridge and some of the other developments, but they weren't asking for a recommendation, unless you'd like to make one. Bird: That's another road that's -- in my driving a lot is traveled at the speed that you can. I can tell you there is some cars that go 50, 55 and there is other cars that go 20, 25 and it's just -- Rountree: I think the speed's controlled on that section -- that whole section pretty much by traffic volumes, so that's -- Bird: Yeah. Rountree: Most of the time it's tough to go more than 40. Meridian City Council Special Meeting Ithop November 18, 2008 Page 63 of 81 Rountree: And that's a good point. I mean they talk about the hill there, but the hill is just as bad on the east side of 69 coming down Overland and it's still 40 all the way to 69, so -- Nary: But, President Rountree, Madam Mayor, I think -- I think the basis of the discussion was -- on this side I agree with you, the hill where they are right here, that was the reason. Rountree: Well, they are, they are coming -- they are coming out of that development and -- Hoaglun: And Gold's Gym. Nary: But it's at the top of the hill. Bird: The top of the hill. Nary: It's at the crest of the hill, versus the bottom of the hill and that was the only -- that was the difference. Rountree: I would suggest they put a right -in, right -out there. Bird: Mr. President? Rountree: Mr. Bird. Bird: That's the reasoning, I believe, because from out of the motel and JB's and any -- the only way you can go east is to come out there from Jackson's or anything and, then, make a hard tum there to get back to the -- and coming down that hill sometimes it's kind of touchy -- I don't think anybody ever goes 35 anyway. I'm like the Mayor, I'd like to see it consistent all the way. I hate driving down and, then, all of a sudden you have to slam on your brakes and, then, you're speeding up and when you drive a little car like mine it takes a lot to speed it up. Hoaglun: Pedaling is getting harder, uh? Bird: Yeah. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I just don't see why we don't find that consistency. I get more feedback, when we get feedback, on speed limits about the inconsistency in the chopped up speed limits than I have in the other regard, so -- Meridian City Council Special Meeting Arshop Is November 18, 2008 Page 65 of 81 Nary: Around the Overland -- about Highway 69. About having the excessive speed right here with the hill. Hoaglun: When is the -- Mr. President -- the realignment of Overland going to take place? I know that they got the rough cut up the hill that will tie into Ten Mile. We are out a little ways still on that, aren't we? Rountree: Supposed to be done June of next year. Nary: Yeah. About over here somewhere? It's right in there? It's about right like that. Or here. One of those two spots. Hoaglun: I mean if I follow up on that, you know, I'm looking, then -- you're probably going to slow that down to 40 -- it's a nice curve -- or sharp curve, but you're going up a hill, making another curve as you get towards the top. Probably won't be 45. And, then, if you -- Rountree: Well, I'm thinking about that and it's actually -- it's a dual left hand -- if you're coming out of that area, whether it's the hotel or the service station or the mini mart, you're crossing -- no matter how fast people are coming across there you still have to cross left-hand tum lanes, which are not -- people aren't driving 40 miles an hour. If you're lucking you can get across them. I'd like ACHD to take a look at that and see if there isn't some consistency there. Again, have the whole corridor -- I know it's 45 to the west and probably I'm guessing that two lane section you're probably seeing people drive somewhere between 50 and 55 miles an hour. The newer section you're seeing them slow down a little bit because it's signed better and there are some things to see and to track it with this. But as that develops in the next few years 40 is probably going to be the speed limit through there. Nary: So, would it be the Council's -- Rountree: Just the whole -- I would take the whole segment from -- from the realigned segment from Ten Mile all the way to Overland and all the way into Boise at 40 miles an hour. The whole corridor. Nary: So, would you like that your recommendation to be 40 or to reevaluate the -- that particular section or both? Rountree: I'd like to see it 40, but if ACHD could give me a reasonable engineering reason why it's not safe I would appreciate that. I'm just not -- Nary: And as I stated earlier, I don't know that there is any newer statistics. I mean, obviously, the road's been open for awhile, so they may have some statistics, but the engineering is probably behind -- the engineering reason for the 35 is probably behind the road widening and whatever crash statistics may exist today. Meridian City Council Special Meeting Workshop November 18, 2008 Page 67 of 81 0 was left at 35 is because the higher speeds on that road required more traffic calming and there isn't more traffic calming there. I would agree there is no -- there is few houses that front that road. There is limited access out of Woodbridge and out of Watertower. I would agree with you. But unless we raise the speed limits here -- which we can certainly have that discussion at the next one. This was just a concern that was brought up today that, again, this south part you have got Puffin I think is the street now that comes out right here from Mountain View. You have subdivisions on both sides. No sidewalks. It's a two lane road. And, again, it's 50 through here. I think the Foundations Academy building is in construction now and the other charter schools here. So, there is a lot of activity in this area. Bird: The church is right there. Nary: Pardon me? Bird: The church is right in that mile deal. Nary: So, if -- I mean if you'd like to wait on a recommendation on Locust Grove until we reevaluate the middle section, but, again, I don't think you'll want us to come back and recommend 35 on the ends and, then, 50 in the middle. Bird: Mr. President? Rountree: Mr. Bird. Bird: My only thinking, Bill, like Charlie said, between Fairview and Overland -- and we built a nice road there to go more than 35 miles an hour. That's four lanes with a tum. Nice road. Don't have a lot of accesses. What access they have is signalized. You have got signalized on -- there by the Jabil building and you got it down on Pine signalized, plus at Franklin and Overland. I don't know. I understand all the resident changes, but, man, I think we should be able to do at least 40 or so through there. Rountree: Be consistent with Overland. Bird: Uh? Rountree: Be consistent with Overland and Franklin. Bird: Yeah. Nary: So, if you would like us to -- if you want to make -- either include that in your recommendation or if you want us to take it back and discuss whether or not it should be 40 all the way through there, that's certainly your call. Meridian City Council Special Meeting Workshop November 18, 2008 Page 69 of 81 Nary: Oh, Ustick. Okay. Rountree: Ustick to Overland. Nary: Ustick to Overland. So, move this up from 35 to 40 and, then, 40 'all the way to Overland? Rountree: Yes. Nary: And, then, 35 from Overland to Victory. Rountree: Yes. Nary: And, then, back to 40 again? Because it looks like -- that's as far as we go on the map. It looks like it's 50 down below Amity. Do you want to have two speed changes in two miles or do you want to leave 35 all the way to Amity? Rountree: The problem with that big of change is you're not going to get people to change. Nary: Right. Because south of Victory to Amity, again, you have got limited accesses out to the road. It's a two lane road, but -- Rountree: Yeah. Nary: -- it's fairly limited. Tuscany is right there and -- it's not a narrow road. It doesn't feel narrow like it does through this section here. This feels narrower here I think than it does down here. Rountree: I agree. De Weerd: It's 40 right now. Hoaglun: Yeah. Nary: It's 40 right now, so I mean would you prefer to just leave it at 40? De Weerd: Uh-huh. Rountree: Yeah. Just leave it there. Nary: So, just do 40 all the way from Ustick to Amity. Okay. Rountree: Bill, before you go any further, as we do this handiwork, has ACHD done any traffic -- any speed studies out here? Do they know what the 85th percentiles are Meridian City Council Special Meeting *hop November 18, 2008 Page 71 of 81 De Weerd: Okay. Is that -- Nary: My notes indicate that we weren't going to -- that the Council wasn't going to recommend altering the speed limits without at least an evaluation, but including additional flashers. Not just moving the 25s to 35. Did I misunderstand? De Weerd: Uh-huh. Hoaglun: Closer the 8th Street; correct? Nary: Right. But with the flashers. Correct. Hoaglun: The flashers closer to 8th Street. Yeah. That takes care of the kids when they are there during those hours, but allows the 35 during the rest of the time. Nary: The other recommendation today from the Traffic Safety Commission -- there has been a significant amount of crashes in this little spot right here on Highway 69. This would be a recommendation to ITD. As you can see on here it goes from 40 to 45 right before the intersection and, then, it's 35. And that's because -- sorry, I didn't mean to do that. There used to be a speed limit sign in here that got removed with the development of Southern Springs. So, there is a number of crashes in here. Calderwood is about right here and there is also a -- a roadway that's called Public Alley where the Moxie Java and the cleaners are in that Southern Springs development that's about here. There is a number of folks trying to make lefts into here. There is a right turn only lane that turns into this area and, then, there is a right tum right here at the intersection. So, there is cars making left turns across Highway 69 that are trying to get in there and causing some pile up as well. So, the recommendation today was that the issues are -- what the recommendation was was to move -- to go from this 35 area here to Calderwood, which is there -- and also the other problem is is from the police, the speed limits are different on both sides of the roadway, so that's problematic. There is a speed limit that's one direction that's 45, the other direction is 35 -- or 55. So, the recommendation from the commission was -- and it shouldn't be -- but the recommendation was that the -- that the -- it would be 35 miles an hour until Calderwood, because of this bottleneck of this intersection and the concern that we have a lot of rear end crashes there and these T-bone crashes, that, then, it would be 45 -- so, from 40, out to Victory. So, 35 to Calderwood, 45 to Victory, so this area here -- 35 here, 45 here and, then, 55 here. So, that it breaks it up a little more. This is about the mid mile. This is where Calderwood is. And it's approximately -- I think it's fairly near the Nazarene church is probably close. That was the police's recommendation. Obviously, ACHD didn't have a -- a point on this particular issue and we don't have a representative from ITD that comes to the meetings. So, anyway, that was their recommendation based on the crash statistics that we have for this area and they felt that this was a more gradual change in speeds rather than what it is now. Meridian City Council Special Meeting Wor shop • November 18, 2008 Page 73 of 81 MOTION CARRIED: ALL AYES. G. Solicit Donations and / or Sell Merchandise Related to Meridian History. Nary: The next item -- it has a long title and it's a fairly simple request, I think. I was contacted by Shelly Houston from the Mayor's office and she had been in discussion with Lila Hill regarding the history center and this is what I understand. I didn't get a chance to speak with Lila directly. They have a safe that's in the history center that they got from somewhere. I don't know if it's from an old store or a bank. They don't have -- they don't have the combination, so what they want to do -- De Weerd: They already opened it. Nary: Oh, they did? Okay. So, they don't need -- we don't need to have this discussion. De Weerd: No. Nary: Okay. De Weerd: It's open. Nary: Okay. Okay. Great. Rountree: Were we going to have to blow the safe for them or what? Nary: Well, what they were going to do was sell chances -- and I guess what I would suggest maybe -- or ask for your direction -- we currently don't have a -- any type of arrangement with the history center. I had a discussion with -- what I anticipated or thought is they may at one -- some point want to sell something out of that -- that place and so -- I don't know if it's postcards or newspapers or whatever. I would suggest when and if they want to do that we get a license agreement with them. We get a vender agreement with them, because what I want to avoid is not — I mean I -- unless you folks have an interest, I certainly don't think we are probably looking at revenue from that. What we don't want is other vendors thinking this is free reign. So, anybody can come here with no agreement, no nothing, and can sell items, hotdogs on the plaza or whatever. I mean -- so, I'll find out from Mrs. Hill if they even have that plan. Just advise her that when and if they want to do that we probably need to have a vendor agreement and, then, if we have other vendors -- since it's a park we already have a means to prevent that in the park. We don't allow vending in the park, general, unless they have a specific permit. We don't have to allow permits to sell things in the park everywhere people want to sell stuff. We have limitations to that. So, making it a park will help curb some of that. We were just concerned that we'd end up -- if we allowed them to sell things on -- at the grand opening, that we would have to open the door to other folks wanting to sell stuff, so -- so, if that's already done, then, in regards Meridian City Council Special Meeting Workshop November 18, 2008 Page 75 of 81 works for you, if you'd rather we -- we pin that down before I bring that ordinance back, that's fine by me. Obviously, we are going to be a couple three months out before we actually start enforcing it and today I'm not sure that's a huge issue, but we are concerned about, again, being consistent through the downtown area. The other issue that's been -- we have discussed is I'm not sure when MDC's striping plan was going to go into effect, when they were going to actually stripe the streets and put the signs up about two hour limited parking and those kinds of things. So, I don't know if you'd rather it be in conjunction with those things. Rountree: A couple questions, Bill. If we do issue citations and a person from out of town chooses not to pay it, then, we have no collection mechanism. That's what you're telling me? Nary: Yes. Out of the state. Rountree: Out of state. Nary: Yes. Rountree: Another issue we all have and we want to address is the big rigs parking on residential and local streets. Nary: Uh-huh. Rountree: A good number of them are registered out of state. So, if they are cited and whoever the driver is opts not to send it to corporate, throws it out, puts it in the jocky box, whatever, we can't collect on those. So, in effect, we don't have a enforcement mechanism. So, we have got to figure out some way to -- to -- I guess as we issue those tickets to let those corporations that own those trucks know that they are illegal in the City of Meridian and some way to get their attention to make them either pay them or they direct their drivers to find appropriate parking spots for them. Without that what's the point of the ordinance? Nary: Yeah. I agree. Right now -- I mean we certainly have cited a few of the folks in there and if they are local it's fine, but you're right, I don't have a mechanism to deal with a parking ticket for an out of state person who just refuses to pay it, because the courts won't allow us to suspend driver's licenses unless we actually give it to a driver. So, if they live out of state, we don't have a means to serve them in another state, so we won't be able to suspend their driver's license. That's, obviously, the biggest hammer we'd have and without serving them personally we don't have that. Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council Special Meeting Arshop November 18, 2008 Page 77 of 81 to take the car boot off. And so if you -- if you use -- if it was the city enforcing it, you're going to have a person who is identifiable, who is going to identify themselves, you know, again you're still going to be collecting money or collecting something on the street. But there are means to do that a little bit better today than there was 15, 20 years ago. I think Council Member Hoaglun might have worked in Boise when we started -- when car booting started and it was certainly not the most popular, but, again, it wasn't the city doing it, it was a private entity. But we will look into that, because I agree with you, Council Member Rountree, we need something more to deal with the out of state, because I think -- and that's part of the reason why I suggested that towing was not a viable option -- I think a large amount of our illegal parkers are people who either are, essentially, transient in the sense that they are not regular folks that work and live here or they are people who -- their store is right there and they parked in front of it. So, you're either going to anger your residents who own businesses or you're going to get scofflaws from people who don't come back here anyways, so it doesn't matter. So, that might be a better tool. So, we will look at that before we bring it back to you. B. Discussion on Fitness Facility Policy. Nary: The last two things on here are two policies. They are very, very simple, very straight forward policies. One is on the fitness facility that's in the basement of this building. It was just to make sure all employees were understanding that they can use the facility, we encourage that they be trained on the machines, that it is voluntary, it is not work related. We don't pay workmen's comp. They are doing it at their own risk. It is, essentially, a waiver liability policy to make it clear to folks they can use it, but don't come to me that they got injured or they got a problem in using the machinery and we will -- Boise Fitness has been really good in training our folks already, they put on two training sessions for people, at no cost to us right now. We did buy equipment from that, that was their cost, but they are willing to come back and do periodic training. I haven't explored the cost of that, but I'd like to offer that for employees, because I think it's a good thing that they get trained on it, but the policy is really just to make sure they are understanding that there is no -- that the city is not responsible or liable for them using the equipment. The last one, the recycling policy -- oh, sorry, sir. Bird: Mr. President? Rountree: Mr. Bird. Bird: Bill, on the fitness facility, spouses who -- this is a wellness program, I believe, isn't it? Nary: Yes. Bird: And most of the spouses are covered -- or a lot of the spouses are covered through our insurance. Can they use the facility, too, the spouses, if they are trained? Meridian City Council Special Meeting workshop • November 18, 2008 Page 79 of 81 are in the common areas or the break rooms or something like that, but, otherwise, we have encouraged folks to use very minimal methods to do it at the desk, so that it isn't more work. Rountree: Excellent. Nary: That's all I have. I. Discussion on Idaho Power Long Term Stability Rountree: Thank you. Madam Mayor. De Weerd: Mr. President. I do have a draft letter -- Peggy last week gave all of you a copy of this -- of cover letters addressed to community leaders from Idaho Power and looking for communities to support their efforts in looking at the future needs for energy and how to address that. A lot of this is going to be addressed through legislation. They are looking for community support in looking at alternative energy -- energy efficiency initiatives that reduce demand and provide a greener future and looking at transmission lines and infrastructure to bring that energy to the consumers. In front of you I have a letter that is a draft to indicate our community support and while this doesn't -- this is not how I would necessarily word the entire thing, it does capture the essence of the type of support they would desire from -- would appreciate from communities. So, I would like to just leave this with you, ask for your comments by the end of the meeting or in the next day or two, that I can get a letter going to indicate our community support. I believe that when Idaho Power was here and gave their presentation in our old City Hall, that this Council indicated an interest in supporting Idaho Power and their needs as they move forward. So, I did want to get this in front of you and ask for your comments and feedback, as I would like to get a letter off to Idaho Power to indicate our support. Zaremba: Madam Mayor? Mr. President? Rountree: Mr. Zaremba. Zaremba: I think it's an excellent idea to send them a letter of our support. I actually would add a line in here somewhere that recognizes and applauds the fact they have a 75 year plan to not only work now, but building towards -- I think that's an example we should all take. De Weerd: Okay. Thank you. Rountree: Any other comments? Questions? If you'll get your comments back to the Mayor in the next day or two. Next day. De Weerd: That would be helpful. Meridian City Council Special Meeting W4 shop • November 18, 2008 Page 81 of 81 Bird: I move that we allow the -- or authorize the Mayor to sign and the clerk to attest on the settlement agreement with the Department of Environmental Quality, IDEA, in joint with Micron, city of Boise, city of Caldwell, and city of Nampa, plus us. Zaremba: Second. Rountree: It's been moved and seconded to authorize the city to sign the settlement agreement. Roll call. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Rountree: One more. Bird: I move we adjourn. Zaremba: Second. Rountree: It's been moved and seconded we adjourn. All those in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:55 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR Y DE WEERD ATTEST: I/ /& /a? DATE APPROVED OF MF„ �'9,��s, HOLM)�N, ITY J� _ 9 0� 0 p 0 November 14, 2008 PP 08-007 MERIDIAN CITY COUNCIL MEETING November 18, 2008 APPLICANT Una Mas, LLC ITEM NO. 3-A REQUEST Findings for Approval — Request for Preliminary Plat approval of 21 commercial building lost on 12.62 acres for Una Mas 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Findings Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 9 EKIDIAMs- �J In the Matter of the Request for Preliminary Plat Approval of 21 Commercial Building Lots on 12.62 Acres, by Una Mas, LLC. Case No(s). PP -08-007 For the City Council Hearing Date of: August 5, 12, 26, September 23, and October 28, 2008 (Findings on the November 18, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 28, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 28, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 28, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 28, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -08-007 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Preliminary Plat and the Conditions of Approval in the attached Staff Report for the hearing date of October 28, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 3/6/08 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 28, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -08-007 -2- 0 0 the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 28, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -08-007 -3- 0 By action of the City Council at its regular meeting held on the day of 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) ,\\\'IM iqj Attest: Ci �GpAoAq TF /ln -LSEAL VOTED. �Q � VOTED (/SGL VOTED__jW VOTED__ de Weerd Jaycee Pl@dman, City Clerk �'%� 9Q r 1St • �► `�� Copy served upon Applicant, The �f g,ptlp`artment, Public Works Department and City Attorney. Dated: 4ityrk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -08-007 -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008 STAFF REPORT Hearing Date: October 28, 2008 (Continued from: August 5, 1Z 26, and September 23, 2008) TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner E IDIANp;- (208) 884-5533 SUBJECT: Una Mas Fl • PP -08-007 Preliminary Plat for 21 commercial building lots on 12.62 acres • PS -08-006 Request for approval of two private streets within the development 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Una Mas, LLC, has applied for Preliminary Plat (PP) approval of 21 commercial building lots on 12.62 acres in a C -G zoning district for Una Mas Subdivision. The applicant is also requesting approval for two private streets (PS) within the development. The private streets are primarily for addressing purposes. The site is located at 3945 E. Ustick Road, on the south side of Ustick, approximately % mile east of N. Eagle Road. This property is within the City's Urban Service Planning Area and is currently within the corporate boundaries of the City (annexed in 2005/6 as part of Una Mas and ACHD). 2. SUMMARY RECOMMENDATION The subject applications (PP -08-007 & PS -08-006) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis for the PP and PS applications and recommended conditions of approval for the PP application. Staff is recommending that the PP application be approved with the conditions listed in Exhibit B of the staff report. Note: Per UDC 11-5A-2, Private Street applications are approved at the administrative level by the Planning Director. However; because PS approval is requested concurrently with the PP, Staff has included analysis on the PS request in this staff report; the PS application does not require Commission/Council action. The Meridian Planning & Zoning Commission heard this item on June 19. 2008. At the public hearing they moved to recommend approval of the subiect PP request. a. Summary of Commission Public Hearing: i. In favor: Denise Lauerman (Applicant's Representative). Burke Hansen (Owner) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues) of Discussion by Commission: i. The proximity of Ally's Way in relation to the Lowe's entrance and Dossibility of traffic conflict on Ustick Road; ii. Compliance with the Comprehensive Plan Future Land Use May designation of Mixed Use — Regional for this site. c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for Citv Council: Una Mas PP -08-007 Page 1 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008 i. None 1 , V =111 I I 1 1_ . 1 1 • 1 1 1 • I 40-14 L1X1 1 : I I. _:_. I' ) 1_ rR I_ ' _ I 1 I 11 : I I: I I .. 1 ) 1 I 1 I I UO -M110_ _rl_ I ♦ 4 NEFTWUMMM 19n, _I I_._I_I.. 1 1 1' 1 _I_ X M M 1 1 1_ \ 1 1 PTIM1 1 1 1 1. 1 \[1)11. 1 1_I.. 1 T' 1_ j 1. 1 11 11 11 \ 1 1 1 11 1 1 11 1 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number PP -08-007 as presented in the staff report for the hearing date of October 28, 2008, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number PP -08-007 as presented during the hearing on October 28, 2008, for the following reasons: (State specific reasons for denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number PP -08- 007 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3945 E. Ustick Road The site is generally located on the south side of E. Ustick Road, approximately % mile east of N. Eagle Road, in the northwest % of Section 4, Township 3 North, Range 1 East. Tax Parcels: S1104223082 & S11042230102 b. Applicant: Una Mas, LLC 1717 E. Chisholm Drive Nampa, ID 83687 c. Owners: Gerald Martens Una Mas PP -08-007 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008 621 N. College Road, Ste. 100 Twin Falls, ID 83301 d. Representative: Gerald Martens, EHM Engineers, Inc. e. Present Zoning: C -G (General Retail and Service Commercial District) f. Present Comprehensive Plan Designation: Mixed Use - Regional g. Description of Applicant's Request: The Applicant is requesting preliminary plat approval of 21 commercial building lots on 12.62 acres in a C -G zoning district. Private street approval is also requested. 1. Preliminary Plat, labeled Sheet C0.2, prepared by EHM Engineers, Inc., dated 1/25/08 (revised 3/6/08) (attached in Exhibit A) 2. Landscape Plan, labeled Sheet L-1.0, prepared by Hansen -Rice, Inc., dated 1/31/07 (revised 7/13/07) (attached in Exhibit A) 3. Conceptual Site Plan, labeled Sheet C0.0, prepared by EHM Engineers, Inc., dated 10/20/07 (attached in Exhibit A) h. Applicant's Statement/Justification: The proposed preliminary plat consists of 21 building lots. The proposed project will include one access point from E. Ustick Road and three access points from the newly constructed N. Allys Avenue into the proposed commercial development. The entrances into the subdivision from N. Allys Avenue include two private streets. (See Applicant's narrative submitted with the application for more information) 5. PROCESS FACTS a. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. b. Newspaper notifications published on: May 26, 2008 and June 9, 2008 Commission; July 21, and August 4, 2008 (City Council) c. Radius notices mailed to properties within 300 feet on: May 23, 2008 (Commission); July 18, 2008 (City Council) d. Applicant posted notice on site by: June 4, 2008 (Commission); August 16, 2008 (City Council) 6. LAND USE a. Existing Land Use(s): The site is currently vacant. b. Description of Character of Surrounding Area: The property is bordered on the east by a church and rural residential uses and to the west by commercial property in the development process. c. Adjacent Land Use and Zoning: 1. North: Lowe's retail store, zoned C -G 2. East: Church and rural residential properties, zoned RUT (Ada County) 3. South: Commercial property currently in the development process, C -G 4. West: Commercial property currently in the development process, C -G d. History of Previous Actions: Una Mas PP -08-007 Page 3 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008 • A majority of this property was annexed in 2005 (Una Mas, AZ -05-061) and zoned C -G, with a Development Agreement (Inst. No. 106137048). A smaller portion of this site was annexed in 2007 (ACRD Ustick Road Property, AZ -05-060) and zoned C -G with a Development Agreement (Inst. No. 107026537). • A Conditional Use Permit (CUP -06-033) was approved on 12/7/06 for a 6,300 square foot daycare center on this site, which expired on 6/7/08."A new CUP will be required if a daycare center is proposed on this site in the future. e. Public Works: 1. Location of sewer: This property will sewer to existing mains located in E Ustick Rd extended in North Ally's Avenue. Location of water: This property will be served from existing mains located in E Ustick Rd extended in North Ally's Avenue. Issues or concerns: Water connectivity to Gateway Marketplace aka Southeast corner market Place located to the west of this application. 2. Vegetation: There is one existing tree on this site; several other trees are shown on the 2007 aerial of the site that have been removed. 3. Floodplain: NA 4. Canals/Ditches/Irrigation: The Milk Lateral runs across the southwest boundary of the property and has been relocated further to the south and tiled. There are also some ditches that run through this property. Per UDC 11-3A-6, all irrigation ditches, canals, and laterals intersecting, crossing, or lying within the area being developed, shall be piped or otherwise covered. 5. Hazards: Planning Staff is unaware of any hazards that may exist on this site. 6. Proposed Zoning: NA 7. Size of Property: 12.62 acres f. Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 21 3. Total Building Lots: 21 4. Common Lots: 0 5. Other Lots: 0 6. Total Lots: 21 7. Open Lots: 0 8. Residential Area: NA 9. Gross Density: NA 10. Lot Sizes: Buildable lots range in size from 0.35 of an acre to 1.61 acres g. Landscaping: 1. Width of street buffer(s): UDC 11-2C-3 requires a minimum 35 -foot wide buffer along E. Ustick Road, a minor arterial street and entryway corridor; and a minimum 20 -foot wide Una Mas PP -08-007 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008 buffer along N. Ally's Avenue, a collector street, as shown on the submitted landscape plan. Landscaping shall be provided in accordance with UDC 11-3B-7, Landscape Buffers along Streets. 2. Width of buffer(s) to adjoining uses: A 25 -foot wide buffer is required adjacent to residential uses. There are no residential uses that abut this site. (Ally's Avenue serves as a buffer on the east side of the property adjacent to rural residential properties) 3. Percentage of site as open space: NA 4. Other landscaping standards: Mitigation shall be required for all existing trees 4 -inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accordance with UDC 11-3B-10, Tree Preservation. h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Three full - access points to this site are proposed from N. Ally's Avenue, an existing collector street. The northern and southern access drives from Ally's Avenue are proposed as private streets for addressing purposes. Staff and ACRD are supportive of the access points proposed. (See Section 10, Analysis, for more information.) 7. COMMENTS MEETING On May 30, 2008, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as Mixed Use — Regional (MU -R). Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub -categories. "Generally, the mixed-use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The purpose of the MU -R category is to designate areas at prominent comers of major arterials for developments that provide a mix of employment, retail, and residential or public uses. The developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The detailed standards for the category provide an incentive for public and quasi/public uses where they provide a meaningful and appropriate mix to the development. The intent is to integrate a variety of uses, including residential and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. The following standards will apply to this category: o Residential uses shall comprise a minimum of 10% of the development area at densities ranging from 6 to 40 units/acre o Retail uses shall comprise a maximum of 50% of the development area o There is neither a minimum nor maximum imposed on non -retail commercial uses such as office, clean industry, or entertainment uses Una Mas PP -08-007 Page 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008 o All developments shall have a mix of at least three of the four types of uses: retail, non -retail commercial, public/quasi-public and residential o Where the development proposes public and quasi -public uses to support the development, the developer may be eligible for additional area for retail development (beyond the allowed 50%), based on the ratios below: ➢ Supportive public and quasi -public uses would include parks, plazas, outdoor dining and gathering areas, open space, environmental restoration, libraries, public schools, etc. ➢ All such areas must be open to the public and not limited to patrons of the development. ➢ For land that is being donated (or nominally sold) to the public, such as a library or school, the developer is eligible for a 2:1 bonus. That is to say, if there is a five -acre library site, the project would be eligible for ten additional acres of retail development. ➢ For active open space or passive recreation areas, such as a park, tot -lot or playfield, the developer is eligible for a 2:1 bonus. That is to say, if the park is 10 acres in area, the site would be eligible for 20 additional acres of retail development. ➢ For plazas that are integrated into a retail project, the developer shall be eligible for a 6:1 bonus. Such plazas should provide a focal point (such as a fountain, statue, and water feature), seating areas, and some weather protection. That would mean that by providing a half -acre plaza, the developer would be eligible for three additional acres of retail development. Sample uses include: All MU -N (grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, salons, daycare, professional offices, medical/dental clinics, retail/gift shops, schools, parks, churches, clubhouses, public uses) and MU -C (clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto service station, department stores) categories, entertainment uses, major employment centers, clean industry. This property was annexed in 2005, prior to the adoption of Resolution #08-599, which changed the MU -R standards as stated above. Overall, the MU -R designated area on the Comprehensive Plan future land use map as a whole already contains, or has been approved for, a mix of retail, non -retail commercial, multi family residential, and public/quasi public uses. The Applicant has not stated what types of uses are proposed for this property. Because this property was previously annexed and the above MU -R standards were not in effect at that time, and because a mix of uses existing or approved in the MU -R designated area, Staff does not believe that the applicant should be required to strictly comply with these standards. However, Staff does strongly recommend that a mix of uses (retail, non -retail commercial, public/quasi-public, and multi- family residential) be provided on the site. Public/quasi-public uses could be included in the development in the form of outdoor dining, plazas, or gathering areas. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): • "Require that development projects have planned for the provision of all public services." (Chapter VII, Goal III, Objective A, Action 1) "en the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner. ➢ Sanitary sewer and water service will be extended to the project at the developer's expense. ➢ The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resources and personnel with the Meridian Rural Fire Department. Una Mas PP -08-007 Page 6 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008 ➢ The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). ➢ Ustick Road and N. Ally's Avenue is currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Require all developments adjacent to designated entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on the site adjacent to the roadway." (Chapter V, Goal III, Objective B, Action 8) The applicant is required to install and maintain a 35 foot wide street buffer along E. Ustick Road, classified as an arterial/entryway corridor. A 20 foot wide buffer is also required along N. Ally's Avenue, a collector street. All street buffers shall be installed and maintained in accordance with UDC 11-3B-7. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the future commercial and retail uses on this site will contribute to the variety of uses in this area. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) The applicant is not required to install internal landscaping with the subject preliminary plat application; however, perimeter and street buffer landscaping is required with this application. Internal landscaping will be required upon development of each lot within the subdivision with CUP & CZC approval. • "Develop methods such as cross -access agreements, frontage roads, to reduce the number of existing access points onto arterial streets." (Chapter VI, Goal II, Objective A, Action 12) No access points are approved to E. Ustick Road, an arterial street. A cross -access easement agreement will be required between all lots within the proposed subdivision. • "Restrict curb cuts and access points on collector and arterial streets." (Chapter VII, Goal IV, Objective D, Action 2) The plat depicts three curb cuts to Ally's Avenue, a collector street, for access to/from the site. No access points to Ustick Road are depicted on the plat. Direct access to Ustick Road is prohibited. (NOTE. There is an access into the Gateway project from Ustick Road located just off the west property line of this property. Cross access to the subject property from the Gateway driveway should be constructed so the access can be shared.) 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC Table 11-2B-2 lists a variety of uses that are principal permitted, accessory, conditional, or prohibited within the C -G zoning district. Sample uses that are principal permitted uses in the C -G zoning district are as follows: animal care facility; artist Una Mas PP -08-007 Page 7 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008 studio; outdoor arts, entertainment or recreation facility; building material, garden equipment and supplies; church or place of religious worship; public/private education institution; financial institution; flex space, fuel sales facility; healthcare or social services; laundry or dry cleaning; personal or professional service; public/quasi-public use; restaurant; retail store; minor vehicle repair; vehicle sales or rental and service; vehicle washing facility; vertical integrated residential project; etc. Please see UDC Table 11-2B-2 for a complete listing of allowed uses in the C -G district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. Structures subject to Design Standards: Per the approved Development Agreement, all future buildings on this site are subject to the design standards listed in UDC 11 -3A -19C. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. PRELIMINARY PLAT: The applicant is requesting Preliminary Plat approval of 21 commercial building lots on 12.62 acres of land in a C -G zoning district. This property has not been previously platted. The applicant is proposing to plat this subdivision in one phase. Dimensional Requirements of the C -G zone per UDC Table 11-211-3: There is no minimum front, rear, or interior side setbacks requirements in the C -G zoning district. The required street landscape buffer adjacent to an entryway corridor is 35 feet. Buildings cannot encroach within the required street buffer. Proposed lots range in size from 0.35 of an acre to 1.61 acres. The maximum building height allowed in the C -G zone is 65 feet. All future buildings on this site are subject to design standard approval in accordance with UDC 11 -3A - 19C, per requirement of the existing Development Agreement approved with AZ -05-061. Future buildings proposed on the subject lots shall meet the minimum dimensional standards listed in UDC 11-2B-3. Site Plan: The applicant submitted a conceptual site plan with this application showing how the property may develop in the future (see Exhibit A.4). The site plan depicts 25 buildings ranging in size from 2,500 square feet to 12,675 square feet. Off-street parking, two private streets, and internal access drives for circulation within the site are shown on the plan. Landscaping: The landscape plan submitted for this project, labeled Sheet L-1.0, prepared by Hansen -Rice, Inc., dated 1/31/07 (revised 7/13/07), attached in Exhibit A, is approved subject to the following revisions/notes: • Provide a minimum 35 -foot wide buffer along E. Ustick Road, an entryway corridor, as depicted on the plan and required by UDC 11-2B-3. Construct and maintain the street buffer in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets; • Provide a minimum 20 -foot wide buffer along N. Ally's Avenue, a collector street, as depicted on the plan and required by UDC 11-2B-3. Construct and maintain the street buffer in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets; • Extend the driveway depicted at the southwest corner of the site to the south property Una Mas PP -08-007 Page 8 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008 boundary for future cross -access. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14; • Comply with the standards in UDC 11 -3B -10C for tree preservation of existing trees on site as follows: ➢ Mitigation shall be required for all existing trees four -inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10 -inch caliper trees removed may be mitigated with four (4) 5 -inch caliper trees, five (5) 4 -inch caliper trees, or seven (7) 3 -inch caliper trees.) There were several existing trees on the site that have been recently removed, the applicant shall be required to comply with this requirement. ➢ No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. ➢ Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Proposed Streets and/or Access: Three full -access points to this site are proposed from N. Ally's Avenue, an existing recently constructed collector street. The northern and southern access drives from Ally's Avenue are proposed as private streets for addressing purposes. No access points to/from Ustick Road are depicted on the plat or approved with this application. Staff is supportive of the access points proposed to the site. As of the print date of this report, ACHD has not yet submitted comments on this application. Note: A provision of the DA states, "The applicant shall work with ACHD to determine if a public frontage road shall be provided at the southern boundary of the site. One half of a 42' public roadway design for a frontage/backage road shall be reserved at this site until such a time as ACHD staff provides a written statement refusing the reserved area." ACHD submitted a letter to the City dated May 6, 2008, stating that they will not require the applicant to reserve/provide a public frontage road at the southern boundary of the site, as Ally's Avenue is the anticipated frontage/backage road for Eagle Road running north/south between Ustick Road and Fairview Avenue. Cross -Access: Staff recommends that a cross -access easement agreement be required between all lots in the proposed subdivision via a note on the recorded final plat or a separate recorded agreement. Staff also recommends that a cross -access easement be granted to the property to the west to provide connection to Ally's Avenue, per requirement of the DA. Stub Streets/Driveways: The two proposed private streets, E. Tecate Lane and E. Modelo Lane, stub to the property to the west for future extension. These streets will provide access to/from Ally's Avenue from the properties to/from the west. A curb cut is depicted on the plat Una Mas PP -08-007 Page 9 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008 on the east side of N. Ally's Avenue for future access to N. Ally's Avenue. The conceptual site plan depicts a driveway stub to the south at the southwest corner of the site for future connection with the Redfeather development to the south. Staff is supportive of the proposed private streets and driveways to adjacent properties. Sidewalks: The conceptual site plan depicts a 5 -foot wide detached sidewalk along E. Ustick Road and N. Ally's Avenue, in compliance with UDC 11 -3A -17C. All sidewalks constructed on the site shall comply with the standards listed in UDC 11-3A-17. Existing Structures: There are no existing structures on this site. Building Elevations: The Applicant submitted several photos as examples of what future buildings on this site may look like that are included in Exhibit A.5. Elevations of the previously approved but now expired daycare are also included in Exhibit A.5. The applicant has also submitted architectural standards for the subject development that are included in Exhibit A.5. Staff is supportive of the elevations and the architectural standards submitted, provided that the applicant complies with the design standards listed in UDC 11- 3A -19C, per requirement of the Development Agreement for this property. [NOTE: The internal lots that are not adjacent to a street (Lots 4-6 and 9-20) shall not be subject to the 8 -foot pedestrian walkway requirement from the perimeter sidewalk to the main building entrance (UDC 11-3A-19C4a).] Fencing: The Applicant is not showing any fencing on any of the submitted plans. Permanent fencing is not required for commercial subdivisions. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit for this site. Ditches, Laterals, and Canals: There are several irrigation ditches that traverse this site. An easement for the Milk Lateral runs along the southern boundary of this site. The applicant has relocated a portion of that easement further to the south along the south property boundary and is in the process of obtaining an easement vacation through NMID. Staff is requesting that the applicant submit a letter of approval from NMID for abandonment of the existing irrigation easement for the Milk Lateral and relocation of the new easement, prior to or concurrent with the final plat application. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single - point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Certificate of Zoning Compliance (CZC): In addition to Design Review, the Applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction or a change in use on the site prior to issuance of building permits. 2. PRIVATE STREETS: The applicant is proposing two private streets, E. Tecate Lane and E. Modelo Lane, within this development for addressing purposes. These streets will provide access to/from the property to the west through to/from Ally's Avenue. Per UDC 11-3F-4, all private streets shall be designed and constructed to the following standards: Una Mas PP -08-007 Page 10 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008 A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. c. Sidewalks: A five-foot (5') attached sidewalk or four -foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. Staff is supportive of the proposed private streets within this development provided that they are constructed per the standards listed above in accordance with UDC 11-3F-4; submit engineered drawings for the private streets with the construction plans for the final plat. A street name approval letter has been received from the Ada County Street Name Committee for the proposed private streets within the development. The Fire Department has given preliminary approval of the private street design. b. Staff Recommendation: Based on the above analysis, Staff is recommending that the subject PP application be approved with the conditions listed in Exhibit B of the staff report. The Meridian Planning & ZoniIILy Commission heard this item on June 19, 2008. At the public hearine they moved to recommend approval of the subiect PP request. The Meridian City Council heard these items on Augnst 5, 12, 26, September 23, and October 28, 2008'm the public hearing on October 28, 2008, the Council approved the subiect PP request Una Mas PP -08-007 Page 11 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008 11. EXHIBITS A. Drawings 1. ZoningNicinity Map 2. Preliminary Plat [labeled Sheet C0.2, prepared by EHM Engineers, Inc., dated 1/25/08 (revised 3/6/08)] 3. Landscape Plan [labeled Sheet L-1.0, prepared by Hansen -Rice, Inc., dated 1/31/07 (revised 7/13/07)] 4. Conceptual Site Plan (labeled Sheet C0.0, prepared by EHM Engineers, Inc., dated 10/20/07) 5. Building Elevations/Architectural Standards B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway. District C. Required Findings from Unified Development Code Una Mas PP -08-007 Page 12 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008 2. Preliminary Plat [labeled Sheet C0.2, prepared by EHM Engineers, Inc., dated 1/25/08 (revised 3/6/08)] ®...�� I ill E� I Exhibit A '.�22 s %". 1, ..,,� IY' • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 28, 2008 3. Landscape Plan [labeled Sheet L-1.0, prepared by Hansen -Rice, Inc., dated 1/31/07 (revised 7/13/07)] Exhibit A uu nu n r,� 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 4. Conceptual Site Plan (labeled Sheet C0.0, prepared by EHM Engineers, Inc., dated 10120107) 1j AV o Exhibit A I i : I I IHNNi 1 111111 I M14 3b 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 5. Building Elevations/Architectural Standards Exhibit A l.$ SWAM I! 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 ARCHWECTURAL STANDARDS FOR UNA KM SUBDI4=0N RMSRMUN, IDAHD P nim: The purpose of theses standards are to provide standards for each building that will allow Individual architectural creativity and Individuality while assuring common architectural features or materials that will occur throughout the pr*ct that: will provide a sense of common Identity for the project. Each building design will be required to select from a matrix of rooflines, exterior materials, exterior architectural features and colors. 1. Roof Desian I. Parapet with architectural cornices 2. Pitched with architectural asphalt shingles 3. Pitched with architectural We shingles 2. Stories 1. One Story 2. Two Story 3. Exterior Wall (must Include a minimum of two) 1. Synthetic Stone 2. Brick Veneer 3. Synthetic Stucco 4. Stucco S. Natural Stone 6. Architectural Masonry 4. ,Exterior Wall Act, 1. Ment Awnings 2. Fabric Awnings 3. Architectural tight Fixtures 4. Masonry Pillars/Columns S. Heavy Timber S. EntrleS (no Plush entries allowed) 1. Recessed 2. Covered 6. 1. Commercial Store Front 7. =L- zw 1. Earth Tones S. Color -A= 1. To be approved by architectural control committee 9. Architectural Review Ali plans must be approved by the Architectural Review Committee prior to beginning construction. Note: Attached are photographs that reflect buildings that would meet the matrix selection process and reflect the type of architecture proposed for the Una Mas Subdivision. 279-06 Exhibit A 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 Exhibit A • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 Exhibit A • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1.1 The preliminary plat [labeled Sheet C0.2, prepared by EHM Engineers, Inc., dated 1/25/08 (revised 3/6/08)] is approved with the conditions listed herein. The Applicant shall comply with all previous requirements of this site including those associated with AZ -05-061, Development Agreement (Instrument #106137048), and CUP -06-033. 1.1.2 Prior to issuance of any building permits, the subject property shall be subdivided. 1.1.3 Cross -access shall be provided from Tecate Lane and Modelo Lane to/from the future public roadway east of the site (Ally's Way), through the subject site and to the property west of the site (Gateway); a cross -access easement shall be granted to parcels on all sides (south and west) of the development (per the Development Agreement). This agreement(s) shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross -access. 1.1.4 The northern (E. Tecate Ln.) and southern (E. Modelo Ln.) driveways proposed as private streets shall be -designed and constructed in accordance with the private street standards listed in UDC 11-3F-4, with a minimum 24' travel way, no parking backing out onto the service drive, a 5 -foot wide detached sidewalk on one side with a 5 -foot wide landscape buffer. Submit engineered drawings for the private streets with the construction plans for the final plat. Upon tentative approval of the Private Street application by the City Council, subject to any applicable conditions of approval and the regulations of Chapter 5 ADMINISTRATION of this Title, the applicant or owner shall have one (1) year to complete the following tasks: a. Obtain approval from the Ada County street name committee for a private street name(s); b. Contact the transportation authority (ACRD) to install an approved street name sign that complies with the regulations of the Ada County uniform street name ordinance; c. Create a perpetual ingress/egress easement or a single platted lot for the private street to all applicable properties; and d. The applicant or owner shall provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof. e. Upon completion of the items noted above, the director shall issue a letter stating that the private street has been approved. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. (Ord. 05- 1170, 8-30-2005, eff. 9-15-2005) 1. 1.5 Include the private street names on the final plat. 1.1.6 A cross -access easement shall be recorded that benefits all lots within the subdivision. All lots within the subdivision should have access to the access points approved in this application. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross -access. 1. 1.7 The applicant shall submit a letter of approval from NMID for abandonment of the existing irrigation easement for the Milk Lateral and relocation of the new easement, prior to or Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING OF SEPTEMBER 23, 2008 concurrent with the final plat application. 1.1.8 Development of this site shall substantially comply with the conceptual site plan included in Exhibit A.4. 1.1.9 All future structures on this site shall substantially comply with the building elevations and materials depicted in Exhibit A. Additionally, all structures on this site shall comply with the design standards listed in UDC 11-3A-19. (Note: The internal lots that are not adjacent to a street (Lots 4-6 and 9-20) shall not be subject to the 8 -foot wide pedestrian walkway requirement from the perimeter sidewalk to the main building entrance.) 1.1.10 A Certificate of Zoning Compliance, along with a Design Review application as mentioned above, is required to be submitted for each future structure prior to issuance of building permits. [NOTE: The internal lots that are not adjacent to a street (Lots 4-6 and 9-20) shall not be subject to the 8 -foot pedestrian walkway requirement from the perimeter sidewalk to the main building entrance (UDC 11-3A-19C4a).J 1.1.11 The landscape plan submitted for this project, labeled Sheet L-1.0, prepared by Hansen -Rice, Inc., dated 1/31/07 (revised 7/13/07), is approved subject to the following revisions/notes: • Provide a minimum 35 -foot wide buffer along E. Ustick Road, an entryway corridor, as depicted on the plan and required by UDC 11-2B-3. Construct and maintain the street buffer in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets; • Provide a minimum 20 -foot wide buffer along N. Ally's Avenue, a collector street, as depicted on the plan and required by UDC 11-2B-3. Construct and maintain the street buffer in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets; • Extend the driveway depicted at the southwest corner of the site to the south property boundary for future cross -access. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B- 14; • Comply with the standards in UDC 11 -3B -10C for preservation of existing trees on site as follows: ➢ Mitigation shall be required for all existing trees four -inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10 -inch caliper trees removed may be mitigated with four (4) 5 -inch caliper trees, five (5) 4 -inch caliper trees, or seven (7) 3 -inch caliper trees.) There were several existing trees on the site that have been removed; the applicant shall be required to comply with this requirement. ➢ No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 ➢ Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.1.12 A minimum 35 -foot wide street buffer is required along E. Ustick Road and a minimum 20 -foot wide buffer is required along N. Ally's Avenue, as shown on the plat. These buffers shall be depicted on the plat as a common lot or a permanent dedicated buffer and shall be maintained by the property owner or Business Owner's Association. 1.1.13 No signage is approved with this application. All signs proposed for this site shall obtain separate sign permit approval. 1.1.14 It shall be the responsibility of the Applicant to ensure that all development features comply with the Americans with Disabilities Act. 1.1.15 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 1.1.16 Direct lot access to E. Ustick Road is prohibited and shall be noted on the final plat. Three access points to Ally's Avenue are approved with this application; all other direct access points are prohibited and shall be noted on the final plat. 1.1.17 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3A- 18. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the Applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The Applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 1.2.4 Staff's failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve the Applicant of responsibility for compliance. 1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Ustick Road via North Ally's Avenue/Ave. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in E Ustick Road via North Ally's Avenue/Ave. The applicant shall be responsible to install two water connections from the purposed East Tecate Lane and East Morelo Lane to existing blow offs located to the west in Southeast Corner Marketplace. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-14 and 94-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.15 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.17 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the proj ect. 2.18 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. MERIDIAN RRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. Exhibit B 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000 GVW. 3.6 For all Fire Lanes provide signage "No Parking Fire Lane". 3.7 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.8 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.9 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.10 Building setbacks shall be per the International Building Code for one and two story construction. 3.11 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.12 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.13 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.14 Maintain a separation of 5' from the building to the dumpster enclosure. 3.15 Provide a Knox box entry system for the complex prior to occupancy. 3.16 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.17 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.18 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.19 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.20 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.21 There shall be a fire hydrant within 100' of all fire department connections. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING• OF SEPTEMBER 23, 2008 3.22 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.23 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.24 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.25 A conditional approval is granted if the dead end roadway between Lots 12 & 13 should be reduced to 150' or less. Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICE COMPANY 6.1 Sanitary Service Company did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct a 5 -foot concrete sidewalk no closer than 5 -feet from the existing back of curb along Ustick Road abutting the site. Provide the District with an easement for public access, extending from the public right-of-way to the back of the sidewalk. 7.1.2 Close sale on the portion of parcel S 1104223012 that is not dedicated as public right-of-way prior to plans acceptance or signature of final plat. 7.1.3 Pave each of the three existing curb -return type driveways along Allys Avenue—located approximately 300, 630, and 970 -feet (near -edge to near -edge) south of the intersection with Ustick Road, respectively—its full width and at least 30 -feet into the site. 7.1.4 Provide the District with a public turnaround easement. The easement should be for a T-type turnaround and encompass the first 50 -feet of the third driveway located approximately 970 -feet south of Ustick Road. 7.1.5 Other than the three existing curb -return driveways specified in this report, direct lot access onto Allys Avenue is prohibited, and shall be noted on the final plat. 7.1.6 Direct lot access onto Ustick Road is prohibited, and shall be noted on the final plat. 7.1.7 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. Exhibit B • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLM (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLANNING STAFF REPORT FOR THE HEARING OF SEPTEMBER 23, 2008 C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. City Council supports the proposed plat layout, with the changes noted in Exhibit B, as it complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; City Council finds that there is public financial capability of supporting services for the proposed development. e. The development will not be detrimental to the public health, safety or general welfare; and City Council finds that the proposed development will not be detrimental to the public health, safety or general welfare. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 2. Private Street Findings: In order to approve the application, the Director shall find the following: a. The Design of the private street meets the requirements of this Article; The applicant shall comply with the private street design standards listed in UDC 11 -3F - 4A and condition of approval #1.1.3 listed above in Exhibit B of this staff report. b. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and If the Applicant complies with the conditions listed in Exhibit B of this staff report pertaining to private streets, Staff does not anticipate any hazard, nuisance or other detriment from the private streets if they are designed and constructed as required by UDC 11-3F-4. c. The use and location of the private street shall not conflict with the Comprehensive Plan and/or the regional transportation plan. Staff finds that the use and location of the proposed private streets do not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit C 0 • November 14, 2008 MERIDIAN CITY COUNCIL MEETING November 18, 2008 APPLICANT ITEM NO. 3-B REQUEST Change Order No. 1 for Well 14 Pump with Superior Construction for $7,800.00 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER 0 Change Order No.: 1 Project Number. 07320 Date: 11/4/2008 Effective Date: CONTRACTOR: Superior Construction & Excavating, Inc. PROJECT: Well 14 Pump Plant Upgrade Piping (Construction) The Contractor Is hereby directed to make the following changes from the Contract Documents and plans. Desciption: 1) Install all necessary fittings 2) Remove underground concrete Reason for Change Order: Changes in piping due to unforseen circumstances With existing piping. Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $19,872.19 Original Contract Completion Date: Original Contract Completion Days: Net changes form previous C.O 's.: Net Days change form previous C.O.'s: No. 0 to 0 No. 0 to 0 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $19,872.19 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $7,800.00 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: $27,672.19 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED (CO CTOR) Datel 1 14' Date: APPROVED: (CITY PU ACOUNCIL ii APPROVAL /111 0;;rj �W;z 7 8Y Keith Watts Date: �: Date: r APPROVED: (C ATTEST: _ SEAL')-toJ By Mayor am�de Date: �• - By: City Cleric, Jay olman ? 1• Date: "0 5 .� tnVT`� �� : VA I'A" I -I rel To: Jaycee Holman; Tara Green From: Roxanne Holland, EIT, Staff Engineer hollandr@meridiancky.org Meridian Public Works Department 660 E. Watertower, Sulte 200 Phone: 898-5500 Fax: 898-9551 CC: Kyle Radek, P.E., Assistant City Engineer • IRC- / �__;��D City 0-flVieridlan City Clerk Office Date: November 4, 2008 Rei Proposed Agenda Item for November 18, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the November 18, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 1 for Well 14 Pump Plant Upgrade Piping (construction). Additional work is required for the completion of the Well 14 Pump Plant Upgrade Piping (construction) project. This change order consists of the foilowing work: • Install additional fittings necessary for piping upgrade due to unforeseen circumstances with existing piping. • Remove underground concrete. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No.1 for the Well 14 Pump Plant Upgrade Piping (construction) with Superior Construction and Excavating, Inc. for $7,800.00 and authorize the Mayor to sign It. Thank you for your consideration. Please contact me if you have any questions regarding this item. ♦ Page 4 0 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER 0 Change Order No.: 1 Project Number: 0732c Dabs: 11/4/2008 Effective Data: CONTRACTOR: Superior Construction & Excavating, Inc. PROJECT: Well 14 Pump Plant Upgrade Piping (Construction) The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Desclption: I ) Install all necessary fittings 2) Remove underground concrete Reason for Change Order: Changes in piping due to unforseen circumstances with existing piping. Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $19,872.19 Original Contract Completion Date: Original Contract Completion Days: Net changes form previous C.O.'s.: Net Days change form previous C.O. s: No. 0 to 0 No. 0 to 0 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $19,872.19 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $7,8W.00 Contract Price with all Approved C.O.'s Contract Completion Date with all Approved C.O.'s: $27,672.19 RECOMMENDED:W (CONSTRUCTION MANAGER) By: —R-4 � - V ACCEPTED (CONTRACTOR) By: Date Data" Date: APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith watts Date: Date: APPROVED: (CITY) ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: 0 • November 14, 2008 MERIDIAN CITY COUNCIL MEETING November 18, 2008 APPLICANT ITEM NO. 3-C REQUEST Tabled from November 5, 2008 -- Sewer and Water Easement for Nola by ZWJ Enterprises 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Emailed: .31u11 un11ulb Materials presented at public meetings shall become property of the City of Meridian. Phone: • ADA COUNTY RECORDER J.MD NAVARRO AMOUNT .00 1 BOISE IDAHO 1210M 10:1111111111 DEPUTY VICM Allen RECORDED -REQUEST OF I!I Illlllllllllllnllllllllllll III I!I Merldlan CIV 108129641 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 'Z Z day of C'ai- , 2008 between ZWJ Properties, LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A, B, AND C) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described m this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Sewer -Water Ease dw THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part ofthe right-of-way and easement hereby granted shall become part o4 or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof; shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. !SD A AiT/1D . STATE OF IDAHO ) ) ss County of Ada ) On this day of a6h20-d before me, the undersigned, a Notary Public in and for said State, personally appeared Zephaniah Johnson, known or identified to me to be a Member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. AIM EPA r:3 have hereunto set my hand and affixed my official seal the day NOTARY IMBLIC FOR IDAHO Residing at: /� L �!.®l%1!✓� Commission Expires,—/ 160 a I ] Sanitary Sewer and water Main Easement Sewer -Water Easedoc Ill//,114,'' - Tammy de W d, ayor BEAL 9 1 •,� 9 C10UN� ��` Attest by J Holman, City Clerk '��/////i/f 111111�<<0`````` dope Approved By city Council On: // - - 0 STATE OF IDAHO, ) . ss. County of Ada ) �o�ern� 20ar j On this_ day of , , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, 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. x'0...•,0• •• 1yi• G 1 (SEAL) �4�.'®T A R.!�i• OTARY PUBLIC FOR IDAHO Residing at: 9 1 01 I- m Commission Expires: • Smutary Sewer and Water Main Easement Sewer --Water Eese.doc • 0 Legal Description City of Meridian - Sewer Easement - Exhibit A An easement located in the SW % of the SW % of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southeast comer of the W %a of the SW % of the SW % of said Section 8, from which a brass cap monument marking the southwest corner of said SW % of the SW % bears N 89"5656"W a distance of 661.43 feet; Thence N 0028'58" E along the easterly boundary of said W YL, of the SW '/ of the SW % a distance of 1001.71 feet to a point; Thence leaving said easterly boundary a distance of 25.44 feet along the are of a 44.00 foot radius non -tangent curve left, said curve having a central angle of 33°07'35" and a long chord bearing S 85041'30" W a distance of 25.09 feet to the POINT OF BEGINNING; Thence N 0026'58" E a distance of 77.33 feet to a point; Thence S 5019'32" E a distance of 75.51 feet to a point; Thence a distance of 7.92 feet along the arc of a 44.00 foot radius non -tangent curve left, said curve having a central angle of 10°18'55" and a long chord bearing S 74017'10" W a distance of 7.91. feet to the POINT OF BEGINNING. This easement contains 293 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC November 3, 2008 La'nQdi4 juvaims (�.-�I� swvaptrq� sem c�Uarq� city of Maridten Sewer Easement Job No. 07-84 Legal_ Description City of Meridian - Water Easement - Exhibit B An easement located in the SW'/ of the SW'/ of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southeast comer of the W'/ of the SW '/ of the SW % of said Section 8, from which a brass cap monument marking the southwest comer of said SW'/ of the SW % bears N 89°56'56" W a distance of 661.43 feet; Thence N 0°26'58" E along the easterly boundary of said W "A of the SW % of the SW % a distance of 1001.71 feet to the POINT OF BEGINNING; Thence a distance of 8.75 feet along the are of a 44.00 foot radius non -tangent curve left, said curve having a central angle of 11 023'27" and a long chord bearing N 83°26'26" W a distance of 8.73 feet to a point; Thence N 0°30'15" E a distance of 209.89 feet to a point on the southerly right-of-way line of the Union Pacific Railroad; Thence S 88°30'10" E along said southerly right-of-way a distance of 8.49 feet to a 5/8 inch diameter iron pin; Thence continuing along said southerly right-of-way S 88"31'51" E a distance of 11.52 feet to a point; Thence leaving said southerly right-of-way S 003015" W a distance of 210.46 feet to a point; Thence N 89°33'02" W a distance of 11.32 feet to the POINT OF BEGINNING. This easement contains 4,209 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC November 3, 2008 an-a� I u t I o n s Np,L LANO 11118 � 1oz�t&-� City of Meridian Water Easement Job No. 07-84 0 9 CITY OF MERIDIAN SEWER AND WATER EASEMENT - SKETCH EXHIBIT C UPA& C1 5 b PARCEL S1108336093 SERER EASE ARTHUR BERRY POINT Of E. LANARK Sr BEGINNING I PARCEL 85302770005 ZWd PROPER77ES LLC 1854 E. LANARK ST. WATER EASE POINT OF BEGYA/MNC �I 0 40 80 160 I p B LANARJC Sr. wl 2 o � 2 I N 893656` WLan lutions f8 " �'' °� SOWWAST Land Surveying and Consulting CORNER W 1/2 231 E. Sr" ST., STB. A SW 1/4 SW 1/4 MERIDIAN, ID 83842 (208) 288 2040 (208) 2882557 fac W1NW.1QSO1�nMsnc 2tIhb LEGEND AT WATER EASEMENT 1 ` 1 20' SEWER EASEMENT VACATED R--O-W I . '. l OO SEWER MANHOLE -',+� i O WATER VALVE FIRE HYDRANT I- I l / 1 SEWERLINE m --WATERLINE C1 5 b PARCEL S1108336093 SERER EASE ARTHUR BERRY POINT Of E. LANARK Sr BEGINNING I PARCEL 85302770005 ZWd PROPER77ES LLC 1854 E. LANARK ST. WATER EASE POINT OF BEGYA/MNC �I 0 40 80 160 I p B LANARJC Sr. wl 2 o � 2 I N 893656` WLan lutions f8 " �'' °� SOWWAST Land Surveying and Consulting CORNER W 1/2 231 E. Sr" ST., STB. A SW 1/4 SW 1/4 MERIDIAN, ID 83842 (208) 288 2040 (208) 2882557 fac W1NW.1QSO1�nMsnc 2tIhb r Lan 0lilt WAS Land Surveying and Consulting 231 E. 5th St. Ste A Meridian, ID 83642 (2oal 288-2040 12oa)288-2557 fax www.landsolutions.biz MITTAL Date: 10/22/08 Customer ID #: 0033 Job #: 07-84 Meridian Sewer and Water Easements for Nola Vacation soft Transmit to: William Nary City of Meridian City Attorney 33 E Idaho Ave Meridian ID 83642 Date Copies Description 10/22/08 2 Sanitary Sewer and Water Main Easements for Nola Vacation LE - Comments: Bill, Please call me if you need anything different or if you have any questions. Thanks. Clint November 14, 2008 MERIDIAN CITY COUNCIL MEETING November 18, 2008 APPLICANT ITEM NO. 3-D REQUEST Water Easement for Three Corners Subdivision by David & Luane Dean AGENCY COMMENTS CITY CLERK: CITY ENGINEER: see affached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 12122108 09:18 AM DEPUTY Pate Thompson II I I' II �� II I I I II �I (' I I I IIIII II I II I III RECORDED—REQUEST OF Meridian Cl1108135170ay WATER MAIN EASEMENT THIS INDENTURE, made this d— day of , 2008 between David J. Dean and Luane I. Dean, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement easmt wtr main.doc Pageo THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ) ss County of Ada ) On this day of. , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared David J. Dean and Luane I. Dean, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year % 00 °� tj 13 L -to J OF 1• N TARP PU}4LIC FOR ID O Residing atUfC�D Commission Expires: GRANTEE: C TY OF MERIDIAN i + � iu�rrr�rrri Tammy de Weer , Mayor Attest by J cee Holman, City Clerk 9 "� Approved By City Council On: t '`TS Water Main Easement ,`'''�''�J,►rrrr+t��++`��,```` easmt wtr main.doc Pageja—O STATE OF IDAHO, : ss. County of Ada ) On this Iday of Nov 1 N . , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, 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. ®0008••® T• 4 (SEAL) a o • ® o a �G-- Z � 4 +• Residing at:�j Commission Expires; Water Main Easement easmt wtr main.doc Page of 5. TOOTHMAN•ORTON ENGINEERING COMPANY CONSULTING ENGINEERS. SURVEYORS AND PLANNERS Project No: 07121 Date: October 30, 2008 Page: 1 of 2 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 9 FAX 208-323-2399 boiseGtoengrco.com EXHIBIT "A" Water Easement Description A 10 -foot wide strip of land lying in the Northwest Quarter of the Northwest Quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the corner common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 East, Boise Meridian, from which the Quarter corner common to said Sections 29 and 30, bears S.00°37'24"W., 2656.54 feet; thence, along the section line common to said Sections 29 and 30, A) S.00°37'24"W., 548.81 feet to the POINT OF BEGINNING; thence, leaving said section line, 1) N.90°00'00"E., 136.16 feet; thence, 2) N.68°25'49"E., 84.81 feet; thence, 3) N.59°37'35"E., 24.06 feet; thence, 4) S.30°33'20"E., 63.72 feet; thence, 5) S.74°20'58"W., 10.35 feet; thence, 6) N.30°33'20"W., 51.14 feet; thence, 7) S.59°26'06"W., 14.84 feet; thence, 8) S.68025'49"W., 87.51 feet; thence, 9) S.90°00'00"W., 138.17 feet; thence, 10) N.0003 724"E., 10.00 feet to the POINT OF BEGINNING. H:\071211WPff7es\Survey\ExhA-Meridian Water Esmt(3).doc BOISE - COEUR WALENE • CALDIVELL Page e N z j 00w 9w V)2_ �0v a Wim r � O z U UJ i LLJ ffJ :3 W9 W N �3= C3 I� CL z I C3 Vin? o ng f Zoo , I ' >.00 f �N 0 I I I ��M f � N I eq z z `J` I ( f dao f O O I NQ N Z_ i f z crs z z 0+ oI I E- �-WQ .a t9 N s g < �`, , � Ogg l- Or z f z !� rx 2 (f)i F �v 3�s/ f zL. z oy10 E CL ca Z= (� d w ;nN dr a w ren r9� jam. V) z lot ( z o ED 3 2 0 _' �UO Wf W d a O = f = f O N f c9 � - n •- z_ M�noN n o icy M N N M �Z f Jm LO�LO00 m yy� Z Vl tn MO f7 f O N t�vMO 0tOoa`J" OQ 4 cs 4 ci cGl �MI.W}M� � wo Z W Z �f 3JJJ� z �` CL' 4 O y o ^ \ Z V) Z- f -� O Qr o U LL. O d W d p., N a nt 0CO ,ti�'9S9Z A11,.�Z,L£�]QSMR MUD 4LSMofl *X C'7 PSS � City t►f Meridian Pubes WMor d DePL To: Mayor De Weerd & City Council From: Karie Glenn CC: Fib Date: 11/12=8 Re: Proposed Agenda items for 11/18/08 City Council Meeting RECE111vaDj NOW 12 2008 Gity Of'.o- idj an City clerk 0face, The Public Works Department respectfully requests that the following items be placed on the 11/18/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Three Comers Sub by David and Luane Dean. This easement is necessary to serve phase 2 of Three Comers Subdivision and the Foundations Academy Recommended Council Action: Approve the Water Main Easement for Three Comers Sub by David and Luane Dean and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. • Page 1 • 0 WATER KAll N�EIV KNT THIS INDENTURE, made this day of _ 2008 between David J. Dean and Luane i. Dean, the parties ofthe fast part, and hereinaft called the Grantors, and the Chy ofMerldimAda County, Idaho, the patty ofthe second part, and hereinaft called the Grant&,— WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and prop" herehuder particularly hounded and descrtibed; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be nMMWy to mairrtM% service and subsequently connect to said pipeline from time to time by the Grp; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey onto the Grantee the right of -way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose ofconatruction and operation ofa water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience ofthe Grantee, with the free right ofaccess to such facilities at any and all tunes. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the patties hereto, that after construction, making repairs, performing other r+tenance or making subsequent connection to the water line, Grantee shall restore the atm ofthe easement and adjacent properly to that eatentprior to undertaking such construction, repass and maintenance. Howcwer. Grantee shall an be tespomible for repairing, replacing or restoring anything placed within the area demribed m this easement that was placed there in violation ofthis easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be planed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes steed herein. THE GRANTORS hereby covenant and agree with the Grantee that should any .part of the right-ef- way and moment hereby granted shall become part of. or lie within the boundaries of any public street, then, to such extent, such right -of --way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished ;i a ,"=Bila i • 0 THE GRANTORS do hereby covenant with the Grantee that they are lawfully seed arW possessed of the aforementioned and descn` and tma of land, and that they have a good and lawfid right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawibl claims of all persons whomswver. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures Ow day and year first herein above written STATE OF IDAHO ) )ss County of Ada ) On this a, jtdday of.&I" I" 1 2, 2008, before me, the undersigaed, a Notary Public in and for said State, personally appeared David J. Dean and Luane I. Dean, husband and wife, known or identified to me to be the persons whose mantes are subscribed to the within i &ln mcnt, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, i have hereunto set my hand and affixed my official seal the day and year 4 (Sub p • � 'C' TF ®•• TF OF J'Dt;'• GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor N TARP PU LIC FOR IDAHO Residing Commission Expires: Attest by Jaycee Holman. City Clerk Approved By City Council On: Water main Easement cunt wtr main.doc • STATE OF IDAHO, ) . ss. County of Ada 0 On this day of . 20 _,_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, restively, 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 [avid and affixed my official seal the day and year fust above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at Commission Expires: Water Main Easement easmt wtr main.doc 4 i ah ; t §; t a I� Project No: 07121 Date: October 30, 2008 Page: 1 of 2 9777 CHIMQEN BOULEVARD BOISE. IDAHO 83714-2008 208-323-228B 9 FAX 208.323-2399 babMwengicoxom EXHIBIT '%A" Water Easement Description A 10 -foot wide strip of land lying in the Northwest Quarter of the Northwest Quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, ging more particularly descn'bed as follows: COM IENCING at the corner common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 East,, Boise Meridian, from which the Quarter corner common to said Sections 29 and 30, bears S.00037'24"W., 2656.54 feet; thence, along the section line common to said Sections 29 and 30, A) S.0003T24"W., 548.81 feet to the POINT OF BEGINNING; thence, leaving said section line, 1) N.90000'00"E., 136.16 feet; thence, 2) N.68025'49"E., 84.81 feet; thence, 3) N.5903735"E., 24.06 feet; thence, 4) S.30°33'20"E., 63.72 feet; thence, 5) S.74a20'58"W., 10.35 feet; thence, 6) N.30 -33'20"W., 51.14 feet; thence, 7) S.59°26'06"W., 14.84 feet; thence, 8) S.68a225'49"W., 87.51 feet; thence, 9) S.90000'00"W., 138.17 feet; thence, 10) N.00°37'24"E., 10.00 feet to the POINT OF BEGINNING. H:W71211W'PRIe %wYgyT.%hA-Mcridiae WOWT Esm94dac BOISE • COEUR d'Ai.ENE • CALDWELL • 0 ZE I I HAW ' WHO i3� fie, �d i�a�4'tb� v 'r? in Val, moi ti I I � c I ,q tij � ��Cil Yr'ZNaid O b�� I ial oQ to ~� v .- a O►OR RAoRD jmsn�mn .K November 14, 2008 MERIDIAN CITY COUNCIL MEETING November 18, 2008 APPLICANT ITEM NO. 3-E REQUEST Approve Minutes of July 9, 2008 City Council Special Workshop Meeting Dean 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 i November 14, 2008 MERIDIAN CITY COUNCIL MEETING November 18, 2008 APPLICANT ITEM NO. 3-F REQUEST Approve Minutes of July 14, 2008 City Council Special Workshop Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT. MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS November 14, 2008 MERIDIAN CITY COUNCIL MEETING November 18, 2008 APPLICANT ITEM NO. 3-G REQUEST CDBG PY08 Subrecipient Agmt with Boise City J Ada County Housing Authority AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT. SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • SUBRECIPIENT AGREEMENT FOR USE OF PY08 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS t4 THIS AGREEMENT is entered into this Lb day of ,, 2008, by and between the City of Meridian ("City"), a municipal corporation organized under the laws of the State of Idaho, and the Boise City/Ada County Housing Authority, a public body corporate and politic established under the laws of the State of Idaho ('Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant ("CDBG') funds; and WHEREAS, Subrecipient assists families in obtaining decent, safe, and affordable housing solutions, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds in Subrecipient's programming during Program Year 2008; NOW, THEREFORE, it is agreed by the parties hereto as follows: I. STATEMENT OF WORK A. Purpose. Subrecipient agrees that it shall use City's PY08 CDBG funds in the amount of fifty thousand dollars ($50,000) to provide direct homeownership assistance to help low/moderate income ("LMP') persons purchase homes. Subrecipient shall be responsible for administering its PY08 CDBG fiords in a manner satisfactory to City and consistent with any and all standards required as a condition of providing these funds. B. National Objective. Subrecipient certifies that the activities carried out City's PY08 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall benefit LMI persons (24 CFR § 570.208(a)(2)(C)). C. Levels of accomplishment. This project will provide direct homeownership assistance to LMI persons. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: 1. Number of households assisted and number of persons in each household; 2. Income level and ethnicity of persons provided housing; 3. Number of persons assisted who are first-time homebuyers and the number thereof receiving housing counseling 4. Number of persons receiving down payment assistance and/or closing costs; 5. Amount of funding received by each household. D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. E. Performance Monitoring. City will monitor the performance of Subrecipient against goals and performance standards required herein. Substandard performance as determined by City will PY08 SUBRECmENT AGREEMENT - BOISE CrrY/ADA COUNTY HOUSING AUTHORITY PAGE 1 OF 13 constitute non-compliance with this Agreement. If action to corre1h substandard performance is not taken by Subrecipient within fourteen (14) days after being notified by the City, Agreement suspension or termination procedures will be initiated. F. "Time of Performance. Services of Subrecipient under this Agreement shall start on or before November 5, 2008 and shall be completed by September 30, 2009. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other assets, including program income. G. Progress Reports. Subrecipient shall submit regular Progress Reports to City in the form, content, and frequency as required by City. Subrecipient shall submit the first Progress Report to City within seven (7) days of February 1, 2009. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome -based measurements as outlined in this Agreement. H. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY08 CDBG funds in the amount of fifty thousand dollars ($50,000) to provide direct homeownership assistance to LNG persons. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other fends. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non -Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. 5. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21. b. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until the Subrecipient attends this meeting. PY08 SuBRECIPIENT AGREEMENT — BoisE C1TY/ADA COUNTY HousiNG AtTrxoRrrY PAGE 2 of 13 C. Records and reports. • I. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; a Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real Property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement. Records for non -expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. 3. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 4. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet PY08 SUBRECIPIENT AGREEMENT - BOISE CnT/ADA COUNTY HOUSING AUTHORITY PACE 3 or 13 eligibility criteria. • • 6. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 7. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. D. Reporting and Payment Procedures. 1. Program Income. Subrecipient shall report monthly all program income as defined at 24 CFR § 570.500(a) that is generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by Subrecipient shall comply with the requirements set forth at 24 CFR § 570.504. By way of further limitations, Subrecipient may use such income during the Agreement period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to City at the end of the Agreement period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to City. At the end of the program year, City may require remittance of all or part of any program income balances, including investments thereof, held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. PY08 SuBRE WMP T AGREEMENT — BOISE CrrY/ADA CouNTY HousiNo AuTHoRrry PAGE 4 of 13 4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed fifty thousand dollars ($50,000). Drawdowns for the payment of eligible expenses shall be made in accordance with performance. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted monthly, no later than twenty-one (2 1) days after the end of the month for which reimbursement is being submitted. Final draw under this Agreement shall be submitted by Subrecipient no later than September 30, 2009. 5. Funds transfer. Pursuant to 24 CFR. § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. E. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non - expendable personal property as defined by such policy as may be procured with funds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR §§ 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. F. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR § § 570.502 through 570.504, as applicable, which include, but are not limited to, the following: 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold. 2. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement~ If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. PY08 SulmwwIENT AGREEMENT - BOISE CrrY/ADA CouNTY HOUSING AvTHORrrY PAoE 5 of 13 0 0 Equipment purchased with funds received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. IMEMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and the Executive Order 11246 as amended by Executive Order 11375 and 12086. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally -assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. E. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. PY08 SUBREWIENT AGREEMENT — BOISE CrrY/ADA CouNw HOUSING AurHORrrY PAGE 6 of 13 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.2000). F. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti -Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. G. Section 3 of the Housing and Urban Development Act of 1968. I. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the. execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fidfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to sanctions. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located.." 3. Employment of low- and very -low-income persons. Subrecipient fiuther agrees to ensure PY08 SUBRECipmrr AGREEMENT— BoisE Crry/ADA CouNw HousiNG AurHoRn-Y PAGE 7 of 13 • �that opportunities for g and employment arising connections with h a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very -low income Person residing within the metropolitan area in which the CDBG :funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. H. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.611 m, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal fiords if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. I. Lobbying. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any Person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person PY08 SuBRECIPIENT AGREEMENT—BoisE Crrx/ADA COUNTY Housnvo AUTHOR= PAGE 8 OF 13 0 0 for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language of paragraph (d) of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." 1V. ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk PY08 SUBRECIPIENT AGREEMENT — BOISE CITY/ADA COUNTY Hous1NG AUTHORITY PAGE 9 of 13 0 assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Attn: CDBG Program Administrator 33 E. Broadway Avenue Meridian, Idaho 83642 Boise City/Ada County Housing Authority Attn: CDBG Grant Administrator 1276 W. River Street Boise, Idaho 83702 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. C. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. D. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. PY08 SUBRECIPME T AGREEMENT - BOISE CITY/ADA COUNTY HOUSING AUTHORITY PAGE 10 OF 13 • 0 E. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. F. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. G. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. H. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement; nor relieve or release either party from its obligations under this Agreement City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. I. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; PY08 SuBREcEnENT AGREEMENT — BOISE CrrY/ADA CouNTY HousiNG AUTHORr1Y PAGE 11 of 13 i b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. b. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. J. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished Promptly to City. K. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. 2. Monitoring. Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 4. Selection Process. Subrecipient shall undertake to insure that all subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 5. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. L. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. M. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement PY08 SU13RECIPIENr AGREEMENT — BOISE Cr[y/ADA CoUiv T Housmo AuTHoRrry PAGE 12 of 13 shall not be affected theref and all other arts of this Y p Agreement shall nevertheless be in full force and effect. N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements -or understandings, oral Or written, whether previous to the execution hereof or contemporaneous herewith. O. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. P. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Boise City/Ada. County Housing Authority By: eanna Watson, Executive Director STATE OF IDAHO ) } ss: County of -4w ) A I HEREBY CERTIFY that on this ` d ofAj2AjjW2008, before the undersigned, a Notary Public in the State of Idaho, personally appeared Deanna Watson, known to me to be the person who executed the said instrument, and acknowledged to me that he 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. 66 Notary Public for Idaho Residing at 8a«�' . Idaho My Commission Expires: 41jKZ1S '' l ,-z) CITY: City of By: Tammy Mayor Attest: PY08 SUBRECIPIENT AGREEMENT — BOISE CrrY/ADA COUNTY HoUsiNo i Q erk p r18t• ,, HORl ttfit fit 10 PAGE 13 OF 13 November 14, 2008 MERIDIAN CITY COUNCIL MEETING November 18, 2008 APPLICANT ITEM NO. 3-H REQUEST CDBG PY08 Subrecipient Agmt with Meridian Senior Citizens's Center AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. SUBRECIPIENT AGREEMENT FOR USE OF PY08 COAVWU1VITY DEVELOPMENT BLOCK GRANT FUNDS WoaMbeg- THIS AGREEMENT is entered into this lb%y of , 2008, by and between the City of Meridian. ("City"), a municipal corporation organized under the laws of the State of Idaho, and the Meridian Senior Citizens' Center, an informally organized nonprofit service provider ("Subrecipierf). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Chant ("CDBG") fiords; and WHEREAS, Subrecipient provides Meridian area senior -citizens a place to socialize and to receive social servic M which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG fiords in Subre;ipient's programming during Program Year 2008; NOW, THEREFORE, it is agreed by the parties hereto as follows: L STATEMENT OF WORK A- Purpose. Subrecipient agrees that it shall use City's PY08 CDBG funds in the amount of twenty thousand dollars ($20,000) to update facilites and the telephone system at the Meridian Senior Citizens' Center, located at 133 W. Broadway Avenue, in Meridian, Idaho. Subrecipient shall be responsible for its PY09 CDBG funds in a manner satisfactory to City and consistent with any and all standards required as a condition of providing these fiords. B. National Objective. Subrecipient certifies that the activities carried out City's PY08 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall rehabilitate and improve a public facility to improve access by elderly and/or disabled persons (24 CFR § 570.201(c)). C. Levels of accomplishment This project will include facilities and telephone system improvements. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: 1. Number of individuals gaining improve access to facility and/or services; and 2. Ethnicities of individuals assisted. D. Staffing not fiinded. Subrecipient agrees that no CDBG fiords will be utilized for staffing. PY08 SUBRECn%NTAGREMONT—MERIDIAN SENIORQMM' CENTER PAGE 1 of 14 E. Performance Monitoring. City will monitor the performance of Subrecipient against goals and performance standards required herein. Substandard performance as determined by City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen (14) days after being notified by the City, Agreement suspension or termination procedures will be initiated F. Time of Performance. Services of Subrecipient under this Agreement shall start on or before November 5, 2008 and shall be completed by March 1, 2009. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other assets, including program income. G. Progress Reports. Subrecipient shall submit regular Progress Reports to City in the form, content, and fieequency as required by City. Subrecipient shall submit the first Progress Report to City within seven (7) days of February 1, 2009. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome -based measurements as outlined in this Agreement. II. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative rquirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY08 CDBG fiords in the amount of twenty thousand dollars ($20,000) to update facilities and the telephone system at the Meridian Senior Citizens' Center, looted at 133 W. Broadway Avenue, in Meridian, Idaho. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize fiords available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A 122, "Cost Principles for Non -Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. PY08 SUBRECHaimT AGREM&NT—MERIDIAN SENIOR Cn=M' CENTER PAGE 2 OF 14 0 0 5. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR 6 84.21. 6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the fust draw request to City. City will not process draw requests unless and until the Subrecipient attends this meeting. C. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; C. Records required to determine the eligibility of activities for CDBG fimding; d Records required to document the acquisition, improvement, use or disposition of real property acgWred or improved with CDBG assistance; e. Records documenting compliance with the firir housing and equal opportunity components of the CDBG Program; £ Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipieat shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years of ter the termination of all activities fimded under this Agreement. Records for non -expendable property acquired with fimds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. 3. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's PY08 SUBRECWMVr AGREEI INT - MMMIAN SENOR CnUEM' CENTER PAGE 3 of 14 i 4. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible pareaUguardian. 5. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 6. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limiter to: making final payments, disposing of program assets (mcluding the return of all unused materials, equipment, unspent crush advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG finds, including program income. 7. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or taanscripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit rem must be My repaired by Subrecipient within thirty (30) days atter receipt of such report by Subrecipient Failure of Submcipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an Dual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. D. Reporting and Payment Procedures. 1. Program Income. Subrecipient shall report monthly all program income as defined at 24 CFR § 570.500(a) that is generated by activities carried out with CDBG funds made available under this Agreement The use of program income by Subrecipient shall comply with the requirements set forth at 24 CFR § 570.504. By way of further limitations, Subrecipient may use such income during the Agreement period for activities permitted under this Agreement and shall reduce requests for additional finds by the amount of any such program income balances on hand All unexpended program income shall be returned to City at the end of the Agreement period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to City. At the end of the program year, City may require PY08 SUBRBCIMM AGRMWD r -MERIDIAN SENOR cnmm' CENTER PAc E 4 OF 14 remittance of all or part of any program income balances, including investments thereof, held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fimd, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Indirect CostL Indirect costs are not eligible for CDBG fimdmg. 3. Payment Procedures. City will pay to Subrecipient fiords available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate fiords available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Draw request. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed twenty thousand dollars ($20,000). Drawdowns for the payment of eligible expenses shall be made in accordance with performance. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted monthly, no later than twenty-one (21) days after the end of the month for which reimbursement is being submitted. Final draw under this Agreement will be submitted by the Subrecipient no later than April 21, 2009 unless otherwise agreed in writing. 5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG fiords on hand at the time of expiration and any accounts receivable attributable to the use of CDBG fiords. E. Procurement 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with fiords provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR §§ 84.40 to 84.48. 3. TraveL Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with fimds provided under this Agreement. F. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502 through 570.504, as applicable, which include, but are not limited to, the following: PY09 SusRFXVHNT AGREEMDff — MERMIAN SENIOR CrrEvs' CWM PAGE 5 of 14 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold 2. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with fiords under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years atter expiration of this Agreement If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG fiords for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement atter the expiration of the five-year period. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with fiords under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that fiords received under this Agreement were used to acquire the equipment Equipment purchased with fiords received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transfenrd to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non- CDBG onCDBG funds used to acquire the equipment. BLEWLOYMENT AND LABOR CONDITION REOUIItEMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age mon Act of 1975, Executive Order 11063, and the Executive Order 11246 as amended by Executive Order 11375 and 12086. B. Nondiscrimination. Subrecipient agrees to comply with the non discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transffer, recruitment or recruitment advertising, layoff termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. PY08 SUBRECIPMNT AGREEMMT -MERIDIAN SENIOR CITIZIm' CENTER PAGE 6 of 14 C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped, in any Federally -assisted program. City shall provide Subrempient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Notifications. 1. Notice to workers. Subrempient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. E. Prohibited Activity. Subrecipient is prohibited from using fiords provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no fiords provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religions activities. Subrecipient agrees that fiords provided under this Agreement will not be utilized for religious activities, to promote religious ids, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.20W). F. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage PY09 SUBRECIPMT AGREMVMNT -MERIDIAN SENIOR C [MM' QWM PAGE 7 OF 14 0 • rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. G. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3'), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fuM these requirements shall subject City, Subrecipient and any of Subrceipien's subrceipients and subcontractors, their successors and assigns, to sanctions. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executes under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opporhmities for training and employment be given to low and very low income residents of the project area. and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan am in which the project is located." 3. Employment of low- and very low-ineome persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very -low income person residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG fimded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. H. Cou lets of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.611m, which include, but are not limited to, the following: PY08 SUBRECHUNT AMEHMENr - MERIDIAN SENIOR Crr12 M CENTER PAGE 9 OF 14 1. Code of Conduct Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal favids. 2. Contract selection. No employee, officer or agent of the Subrecipient shall Participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any fimctions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes es any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. L Lobbying. Subrempient hereby certifies that: 1. No Federal appropriated fiords have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the malting of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated fiords have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language of paragraph (d) of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all suinmipients shall certify and disclose accordingly. `This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL CONDMONS PY08 SUBREMUNT AGREEUMNiT— ME WMN SEMOR OTIMW CEni M PAcua 9 of 14 0 0 A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. I Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Float Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement In general, this requires concurrence from the State Historic Preservation Of for all rehabilitaation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list V. GENERAL CONDITIONS A. Notices. All notice required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States PY08 SUBRECRwu AmE mu -MERIDIAN SEMR CrnZErtS' CMM PAGE 10 of 14 C� mail, addressed as follows: City of Meridian Attn: CDBG Program Administrator 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian Senior Citizens' Center Attn: CDBG Grant Administrator 133 W. Broadway Avenue Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG fiords, including, but not limited to, 24 CFR Part 570. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the fiords provided under this Agreement C. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. D. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to ins or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fess, arising out of resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. E. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement F. Insurance and bonding Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. G. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing service under ibis Agreement PY08 SuBmCuma AGR mora- MERIDIAN SErmoR C1TIZ M, Cox PAm i l of 14 0 • H. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, m its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. L Termination. 1. Noticeof termination. Either party may terminate this Agreement by, at least 34 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of fluids provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respe±t. PY09 SUBRECHWW AGRMUNr-ME WMN SEMOR C nZENS' COMM PAGE 12 OF 14 • 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement fiords until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. J. Assignment, Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City, provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be fa nished promptly to City. K. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. 2. Monitoring. Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and suiPported with documented evidence of follow-up actions taken to correct areas of noncompliance. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 4. Selection Process. Sul recipient shall undertake to insure that all subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 5. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. L. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these regnirements. M. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. PY08 SusREaPENP AGREEMENT — MMWIAN simoR CnTIY NS' CENTER PAGE 13 OF 14 O. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. P. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the pasties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECII"IENT: Meridian Senior Citizens' Center By: Cindy Hill, Senior coordinator STATE OF IDAHO ) ss: County of ) I HEREBY CERTIFY that on this I Z day of , 2008, before the undersigned, a Notary Public in the State of Idaho, personally appeared Cindy Hill, known to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and Y ear ' .tate first above written .• 4.11 I : City of Meridian By: Tammy, Mayor t- 41t- .� Mayor ary Public # r Idaho iding at Idah Commission Expires: �a i.. PY08 SUBREMENTAGREEMIIdT—MERIDIAN SENIOR CITIZ M' CENTER PAGE 14 OF 14 0 November 14, 2008 MERIDIAN CITY COUNCIL MEETING • November 18, 2008 APPLICANT ITEM NO. $-I REQUEST Utility License Agreement for Meridian Fire Department Traffic Signal 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS See attached Moffatt Thomas MOFFATT THOMAS BARRETT ROCK & FIELDS, CHTD Eugene C. Thomas Michael E. Thomas Jon A. Stenquist John W. Barrett Patricia M. Olsson Tyler J. Anderson R. B. Rock Christine E. Nicholas Paul D. McFarlane Richard C. Fields Bradley J Williams Tyler J. Henderson John S. Simko Lee Radford C. Edward Cather III John C. Ward D. Manning Michael O. Roe Michelle C. Michaud * December 18 2008 James Nancy J. Garrett Andrew J. Waldera David B. Lincoln David S. Jensen Dylan B. Lawrence Gary T. Dance James L. Martin Benjamin C. Ritchie Larry C. Hunter C. Clayton Gill Rebecca A. Rainey Randall A. Peterman Michael W. McGreaham Matthew J. McGee Mark S. Prusynski David P. Gardner * licensed in WA, ID application pending Stephen R. Thomas Tara Martens Robert E. Bakes, ofcounsel Glenna M. Christensen Mark C. Peterson Gerald T. Husch Julian E. Gabiola Willis C. Moffatt, 1907-1980 Scott L. Campbell Kimberly D. Evans Ross J rk R. Helvie, 1956-2003 Robert B. Burns Jason G. Murray City Clerk City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Re: Settlers Irrigation District Boise Idaho Falls Pocatello Twin Falls US Bank Plaza Building 101 S Capitol Blvd 10th FI PO Box 829 Boise Idaho 83701 0829 208 345 2000 800 422 2889 208 385 5384 Fax www.moffatt.com Utility License Agreement for City of Meridian's Crossing of the North Slough No.1 Lateral in Connection with the Meridian Fire Station No. 5 MTBR&F File No. 18955.0 Dear Sir or Madam: Enclosed please find a copy of the recorded Utility License Agreement for the City of Meridian's low voltage traffic control crossing of the North Slough No. 1 Lateral in connection with the Meridian Fire Station No. 5. The Agreement was recorded with the Ada County Recorder on December 18, 2008, as Instrument No. 108134368. If you have any questions, please do not hesitate to contact me. SaMHud T Paralegal tmh@moffatt.com /tmh Enclosure Client: 1078289.1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO; Moffatt, Thomas, Barrett, stock & Fields, Chartered 101 South Capitol Boulevard,10th Floor Post Office Box829 BoisA Idaho 83701-0829 ADj COUNTY RECORDER J&D NAVARRO AMOUNT 63.00 21 BOISE IDAHO 12f18108 11:33rAAM DEPUTY VIcW Allen RECORDED -REQUEST OF III IIIIiIIIIIIIIillI1111111 IIIII I III Moffatt Thomas 108134358 (Space Above For Recorder's Use) UTILITY LICENSE AGREENIENT This Utility License Agreement ("Agreement'), is entered into and trade effective this day of (.J� C e f')'1 2 0 8 , by and between SEz'rLE)<ts IRRIGATION DISTRICT ("District"); an irrigation district brgawZed and existing under and by virtue: of the laws of the State of Idaho, whose address is P.O. Box 7571, Boise, Idaho 837,37, and City of Meridian ("Licensee', whose address is (naiworotser5W 33 E. Idaho Avenue, Meridian, Idaho 83642 NOW, THEREFORE, in consideration of the mutual benefits to be received by the District and Licensee, and other good and valuable consideration, which consideration is hereby ad mowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: 1. Grant of License. The District hereby grants a License ("License") to Licensee for the purpose of crossing the North Slough No. 1 Lateral (aka Simpson Lateral) (name of canal, lateral, or ditch) at the location described in Exhibit A, appended hereto, in order to construct, operate, inspect, maintain, and repair low voltage traffic controls This grant (list crossing(s), power, gas. cable, phone, etc.) of License is subject and subordinate to any and all property rights the District may have in the North Slough No. I Lateral (aka Simpson Lateral) (name of canal, lateral, or ditch) UTILITY LICENSE AGREEMENT -1 CLIENT:573845.4 Revised 4MM Licensee expressly acknowledges and agrees that this License does not grant Licensee 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 North Slough No. 1 Lateral (aka Simpson Lateral) , This grant is expressly conditioned (nave of canal, tateraL or ditch) upon the prior receipt by Licensee of any and ail 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 District's prior approval of all drawings and plans concerning the activities to be conducted by Licensee under this Agreement. 2. Term of Grant of License. The term of the License shall commence upon the effective date of this Agreement and shall continue for so long as Licensee is in compliance with the terms of this Agreement. The District reserves the right to revoke this License, effective upon thirty (34) days' prior written notice to the Licensee thereof should Licensee at any time fail to materially comply with the terns of this Agreement, and fail to correct such noncompliance within thirty (30) days following service of written notice by the District ("Cure Perio(f). If Licensee begins, but cannot complete, corrective action within the Cure Period, the Cure Period may be extended, at the sole discretion of the District, for such amount of time as may be reasonably required to complete the corrective action. Construction, Inspection, Maintenance Repair. and Replacement of Crossing. Licensee, following execution of this Agreement by the parties, may have access across the North Slough No. 1 Lateral (aka Simpson Lateral) (name of canal, lateral, or ditch) inspection, maintenance, repair, and replacement of the low voltage traffic controls to conduct such construction, as may be reasonably necessary, (list crossing(s), Power, gas, cable, phone, etc.) subject to any restrictions imposed on Licensee's activities as may be set forth in this UTILITY LICENSE AGREEMENT - 2 CLIENT:573845.4 Revised 4rJM8 C -I Agreement. Licensee or its agents and contractors shall perform any work in a workmanlike manner, and in accordance with the Engineering Plans and Specifications referenced in Exhibit B. through the Any activities by Licensee which may impede or impair the now of water North Slough No. 1 Lateral (aka Simpson Lateral) may only 'be performed (nacre of canal, lateral or ditch) during the non -irrigation season, which is usually betwecn.November 1 andMorch 15. Licensee expressly acknowledges that the District does not relinquish its ownership rights in any portion of the North Slough No. 1 Lateral (aka Simpson Lateral) 4. Utility Crossings. Licensee shall not allow any Utilities (except Licensee if it is a Utility) or any Private party to attach to Licensee's facilities governed by this Agreement, cross any portion of the North Slough No. I Lateral (aka Simpson Lateral) or (nom of carob lateral, or ditch) otherwise use or encroach upon the District's easements, without the express written consent of the District. Said written consent may take the form of an addendum to this existing Agreement or, the District, in its discretion, may require that separate license agreements be executed between the District and the Utility or private party seeking to cross the North Slough No. 1 Lateral (aka Simpson Lateral) 5. Express Waiver. In the event that any Utilities or private parties do attach to Licensee's facilities governed by this Agreement, cross District facilities and/or systems, or share in the use of District's facility and/or system easements, Licensee, and Utilities or private parties, waive any and all claims against the District, now and in the future, concerning the District's water distribution, operation, and maintenance activities upon its facilities and/or systems. UTILITY LICENSE AGREEMENT - 3 CLIENT:573845.4 Revised 413!08 6. hidenmitv. Licensee, and any Utility or private party that attaches to Licensee's facilities governed by this Agreement, crosses a District facility er system, or uses an exclusive easement, 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 litigation rusts and attorney fees, which shall include paralegal fees, arising from or out of any acts or omissions of the Licensee or any crossing Utility, their agents, or contractors related to or in connection with their crossing of District facilities, use of the exclusive easements of the District, any attachments to Licensee's facilities governed by this Agreement by a crossing Utility or private party, or any activity under this Agreement and the exercise of any privileges or performance of anyobligations by the Licensee or crossing Utility hereunder. Furthermore, the Licensee and any crossing Utility agree to protect, indemnify, and hold the District and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, lasses, damages, claims, actions, costs, and expenses of any nature, including litigation costs and attorney fees, which shall include paralegal fees, arising from or out of water quality violations, flooding, or any interruption or interference with the flow of water in the North Slough No. I Lateral (aka Simpson Lateral) caused by any act or omission of the Licensee and any crossing Utility or their agents. Notwithstanding any other provision of this Agreement, Licensee, and any Utility or private party that attaches to Licensee's facilities, shall be responsible for their own actions only, and not the actions of any other party hereunder. Each party's liability shall be separate only, and not joint. 7. No Liens. Licensee shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of Licensee, its agents, or UTILITY LICENSE AGREEMENT - 4 CLIENT:573845.4 Revised 4/3= contractors, to attach to the North Slough No. 1 Lateral (aka Simpson Lateral) or to any (manse of canal, /Fifers/, or ditch) adjacent lands held by the District. 8. Permits. Licensee represents that it has: obtained all permits, licenses, and aclmowledgment s required to conduct the activities to be performed under the terms of the Agreement. Additionally, for those projects which fail under the purview of the Clean Water Act, 33 U.S.C. 1251, et seq., prior to commenicerneixt of construction impacting the District's facilities, Licensee shall deliver to legal counsel for the District a copy of a Section 404 Permit it has obtained from the United States Army Corps of Engineers. In the event that a Section 404 Permit is not required, Licensee shall certify that its construction impacting the District's facilities does not fall under the purview of the Clean Water Act and a Section 404 Permit is not required. The parties hereby recognize and agree that this Agreement will not be executed by the District and recorded until legal counsel for the District is in receipt of the appropriate Section 404 Permit or written certification by Licensee that a Section 404 Permit is not required for the construction contemplated under this Agreement. Such certification shall be attached to this Agreement as Exhibit C and made a part hereof. 9. Uljerat on, Maintenance and Repair of Crossing Improvements. Itis recognized by the District that maintenance, repair and/or replacement of the crossing improvements constructed by Licensee and which cross the North Slough No. 1 Lateral (aka Simpson Lateral) (name of canal, lateral, or ditch) under the terms and conditions of this Agreement and as identified in Exhibit B, may be necessary subsequent to the execution and recording of this Agreement. In the event that Licensee desires to perform any maintenance, repair and/or replacement of such crossing improvements, they.acknowledge and agree that the prior written consent of the District is required prior to commencement of any such UTILITY LICENSE AGREEMENT - 5 CLIEN P573845.4 Revised 4/3108 0 0 maintenance, repair and/or replacement of the crossing improvements, unless an emergency reasonably precludes obtaining prior written consent. In such an event, Licensee shall provide written notice to the District of such emergency repair or replacement, as soon as reasonably possible after undertaking such work. The District agrees that it will consider and act upon all non -emergency written requests for written consent from Licensee in a busmen -like manner. 10. Limitations an Liability: Attorne_y Fees. 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. In the event of any suitor proceeding by either party herein against the other party arising out of this Agreement or in connection. with the activities of the Licensee, or their agents or contractors, under this Agreement, the nonprevailing party in such suit or proceeding shall pay to the prevailing party such stem or sums as the court shall adjudge reasonable for attorney fees and costs; including such fees and costs on appeal. 11. Further Consideration. In further consideration for inducing the District to grant this License, the Licensee agrees to promptly pay all expenses incurred by the District relating to the negotiation, preparation, and execution of this Agreement. 12. 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. 13. Binding Effect. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and alf person UTILITY LICENSE AGREEMENT - 6 cLIEW:573845.4 Revised 4s=8 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. No third parties are intended to benefit from, or obtain any rights under, this Agreement. 14. Severability. If any part of this Agreement is held to be illegal or unenforceable by a coma of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 15. 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. 16. Governing_Lay. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 17. RapLpsex}tations, of Parties. (a) District. The District represents and warrants that: (i) it is an irrigation district organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the capacity and all legal rights necessary to enter into and perform the District's obligations under this Agreement; (iii) allorganizational 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) Licensee. Licensee represents and warrants that: (i) it has the capacity to enter into and perform its obligations under this Agreement; (ii) all actions required to authorize Licensee to enter into and perform this Agreement have been properly taken; (iii) it has UTILTTY LICENSE AGREEMENT - 7 CLIENT:573845.4 R9vi$W 4008 obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement; (iv) this Agreement has been properly executed and delivered by the Licensee and is valid and binding upon the Licensee in accordance with its terms; and (v) (check one of the following, if applicable): Licensee is an Idaho municipal corporation incorporated and in good standing in the State of Idaho. u X Licensee. is a and is in good standing in the State of Licensee is a and in good standing in the State of partnership established incorporated or organized 18. 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 Name 33 E. Idaho Avenue Address Meridian, Idaho 83642 City, State & Zip Code 19. Recording. This Agreement shall be recorded at the Ada County Recorder's Office. [Signature Page Follows] UTILITY LICENSE AGREEMENT - 8 CLIENT.573845.4 Revised 4/3/08 IN WrrNESS WHEREOF, the parties hereto have executed this Agreement the date first set forth above. Attest: SETTLERS IRRIGATION DISTRICT � . ♦ ' � Latti..I President of its Board of Directors Secretary City of Meridian "Illicit 111111- UTILITY 1111" UTILITY LICENSE AGREEMENT - 9 Revised 4/3108 CLIENT:573845.4 0 0 STATE OF IDAHO ss. County of Ada On this -r� day of])fjeMr%l , 200Y before 1;,the wndersigned Notary Public 1f71in and for the said state, personally appeared ''I'1 UI S known or identified to me to be the President of SETTLERS IRRIGATION DISTRICT, the person who executed the instrument on behalf of SETTLERS nmGATioN DISTRICT, and acknowledged to me that SETTLERS IRRIGATION DISTRICT executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 41- '.P-01--ilidl2o STATE OF IDAHO County of Ada ) NOTARY PW -FOR IDAHO Residing at �-� My Commission Expires On this I day of t /u- im �yf , 20®f before me, the undersigned Notary Public in and for the said state, personally appeared V 1616 Ke ell known or identified to me to be the Secretary of SETTLERS IRRIGATION DISTRICT, the person who executed the instrument on behalf of SETTLERS IRRIGATION DISTRICT, and acknowledged to me that SETTLERS IRRIGATION DISTRICT executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •'�� FlNr�i+ NOTARY PUBLI OR IDAHO .•'��, = NO Residing at501X- a My Commission Expires ��•.� LIC ••'••.�F ID Alta UTILITY LICENSE AGREEMENT -10 CLIENT:573845.4 Revised 4/3/08 • 0 STATE OF Idaho ) ss. County of Ada ) t Qt`1 On this day of l�f��ernioe� 20^, before me, the undersigned Notary Public in and for said state, personally appeared Tammy de Weerd , known or identified to ane to be the of City of Meridian Who is the person Who executed the ' ent on behalf of _ City of Meridian , and aclmowledged to me that City of Meridian ; 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. J !�� ? �. NOTARY P LIC FOR Idaho 4.0 T Residing at {: My Commission Expires .,,• •• UTILITY LICENSE AGREEMENT -11 CLIENT:573845.4 Revised 4131013 • 0 Legal Description of low voltage traffic controls Crossing Northeast Quarter of Section 26, Township 4 North, Range 1 West, Ada County, Idaho EXHIBIT A CLIENT:573845.4 Engineering Plans and Specifications EDIT B CLIENT:573845.4 %OOT — WMIS QV02I HWNYI TO PPO a W pu v Pyq �a sP¢ $ °� '� y�x 5. 'IyIIL g ,L F� s �Q� 64 W d s p 5 86 U tJ Ot FjP lolly r e 8 �a MIR WO 93 zw- t.K y Roo 9,111 7b N F �y O F3 �rti - o W 18 R r o "s�I 11 o _ •• $ g- Ura �� tl}qJ� o w r�Fo Nej4 2'1�i �bixipy,�( -Ing � ill - Fri R8 8 pp 8 C4 W a ri ri m t4 a z Q U) �� Qa H 0� �y a w E -4a vi RY W ra V1 a m O a a1� o 7 Z W w Ld z o 0 0 o $ r Z`1 N � O U Z �^ OOO 4Y0 r F 7r m ri mL li�m$eta�� 8 A ff iV N iV YV N %7 7v iv !n N N tv N N N vO�� Z`1 N � O U Z �^ OOO 4Y0 r F 7r m ri mL vO�� < 76 W 4 Z.2 444777 o + N ^ g a} mA} N �s axons W� a s fin 9 z s U S = try{ x Z`1 N O U Z �^ OOO ee e J r U) d Vl Z ba��P z f• W Ir M. o a Eta U 7r Z e3 ri v J O IYQ �a O Z wp zV §' M Ea m • .3:' .10 ' I 1 � I o 0 �2UN 1 $�N I 1 I0° iL 000 1 0 1 Z N � Z 31 ml o 1 + I N N W I a a G I to I I o � ' I 1 � I o 0 �2UN 1 $�N I 1 I0° iL 000 s o r � Sad 000 E Bull If � . f x ra a to d z `1b Z h e ti a Q � Ix Z O tOE N fZ7 0 4 9 r Lei IL j M O QI OOt9'• 86LCi U� O $ oZo Q� g i d {iNe qpp� ID U � zyFp Q� R d U 0 W LL J N cq y Im 0 6 (13 Z r i/i R' i3 w> v 9 CD .ri . f x ra a to d z `1b Z h e ti a Q � Ix Z O tOE N fZ7 0 4 9 r Lei IL j M O i /y l I I I I , I 1 i 1 I I I I I I e Pol ju twi j I � chi W 10 ' U + I N $ A. I I 1 CD) f I 1 r I o I cv u Ye a ] d� z o I a Q o t0 t$�� BA g is i U) N W T 1 I i H I � U Ix 1— "' z d I I M g O + O Z LL1 N O F I, `�'� N W ju twi j I � chi W 10 ' U + I N $ A. I I 1 CD) f I 1 r I o I cv z .g a if o I �I +o g i U) N W 1 I Ig d I I + 1 0 I, N IN o•- • SOL£S�I � m dT7s7�.fLIZ EaRusEo uoua3tEmd 1 �3NEE roarta EiV1aEd3n U y s VN NDLLV s 3W WE REW W Zvi E.� 5 Em o meso a 5 E o ,ae ane" �5 u u m E 3 5 rc�o $6�8 �oo ��€` 5 A u 1$1 € S a a axe pa' °3 o°l - $a 3 g�$ Lm€$itga uo r«o-$rla$k * s g+�'oyy��pOra3$$Stl1 .t�`oTd cOO °�$�°$,S eS ci@ o�oi'= m 30 n� =ya e�S Prig^oQ ay3y e.y:s €fig 9 SSm$�nEgn� nm gmc n ami o a'{ s$�z5ce n�p oE.° SN Ell 842'YiS J�3,t _ 8S� E 8 5 @s a g«n YcSrs § `aseEa3os °�agmeonfiaa°afi 4I-°$EEIrdia°a ��.� Wi`5 Y. _ ssm >3 0 �5 o.:e'3 ori °ud o3o°i omaria EMU zse • I�XX�iIBIT � Clean Water Act Section 404 Permit Certification • The undersigned represents he/she is a duly authorized representative of City of Meridian ("Licensee'D, and hereby certifies that a (name of Licensee) Clean Water Act Section 444 Permit is not required for Licensee's low voltage traffic controls (description of crosaing(s)) crossing(s) of the North Slough No. 1 Lateral (aka Simpson Lateral) for the following (name of canal, lateral, or ditch reason: ❑ The crossing(s) contemplated under this Agreement will be overhead crossings and will not include any excavation in or around or any discharge of dredged or fillmaterial into the District's facility. Q Licensee will use the "boring" method of construction which will not include any ex=cavation in or around or any discharge of dredged or fill material into the District's facility. ❑ The North Slough No. 1 Lateral (aka Simpson Lateral) is an existing name of ' or itc piped facility; thus, any construction impacting the facility will not include any discharge of dredged or fill material into the facility. ❑ The crossing(s) contemplated under this Agreement will be inserted into existing conduit crossing(s) of the North Slough No. 1 Lateral (alta Simpson Lateral) (name of canal, lateral, or ditch) ❑ Licensee is in receipt of a Clean Water Act Section 404 Permit exemption letter from the United States Array Corps of Engineers (attached hereto). DATED THIS day of City of Meridian (name of Ice) T �11111///ll OF M 11,4V Nam ammy de Weerd . rho t}thorized Title: Mayor EXHMff C CLIENT:573845A • . Page 1 of 2 Tara Green From: Ted Baird Sent: Thursday, November 13, 2008 3:27 PM To: Tara Green Cc: Ron Anderson; Bill Nary Subject: FW: Utility License Agreement for Crossing of North Slough No. 1 Lateral Follow Up Flag: Follow up Flag Status: Green Attachments: Meridian Fire Station Utility License Agreement.pdf Tara: Please place this item on the consent agenda for Tuesday. Note that in addition to signing the agreement, the Mayor's signature is needed on Exhibit C. From: Ron Anderson Sent: Wednesday, November 05, 2008 4:37 PM To: Ted Baird Subject: FW: Utility License Agreement for Crossing of North Slough No. 1 Lateral Ted Here's the electronic version of the Utility License Agreement for the traffic signal at Station 5 Thanks Ron L. Anderson Fire Chief Meridian Fire Department 888-1234 Effective 10/27/08 we have moved our Adminstrative Offices to City Hall. The new address is 33 E. Broadway Ave. Meridian, Idaho 83642 and my new email address is randerson@meridiancity.org the phone number is still 888-1234 From: Judy Gerhart Sent: Monday, November 03, 2008 10:31 AM To: Ron Anderson Subject: FW: Utility License Agreement for Crossing of North Slough No. 1 Lateral 11/14/2008 • Page 2 of 2 Judy Gerhart Administrative Secretary Meridian Fire 208-888-1234 Fax 208-895-0390 Please note that my new e-mail address effective 10-1-08 is iaerhart@meridiancity.org From: Keith Randall[mailto:keith@benchmarkconstruction.com] Sent: Thursday, October 23, 2008 1:59 PM To: Judy Gerhart Subject: FW: Utility License Agreement for Crossing of North Slough No. 1 Lateral Hi, Here it is one more time. If the Chief has any questions, just have him give me a call. THANKS Keith Randall Construction Manager Benchmark Construction, Inc. 475-0056/794-7571 From: Tiffiny Hudak [mallto:TMH@moffatt.com] Sent: Thursday, October 23, 2008 1:56 PM To: Keith Randall Cc: Draper, Nathan Subject: Utility License Agreement for Crossing of North Slough No. 1 Lateral Keith, Attached is the Settlers Irrigation District version of the Utility License Agreement for the City of Meridian's crossing of the North Slough No. 1 Lateral, in connection with the Meridian Fire Station No. 5. Please let me know if you have any questions. Thanks, Tiffiny Tiffiny Hudak -- Paralegal Moffatt Thomas Barrett Rock & Fields, Chtd. 101 S. Capitol Blvd., 10th Floor PO Box 829 Boise, Idaho 83701 208.385.5435 (direct line) 208.385.5435 (direct fax) NOTICE: This e-mail, including attachments, constitutes a confidential attorney-client communication. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this communication in error, do not read it. Please delete it from your system without copying it, and notify the sender by reply e-mail or by calling (208) 345-2000, so that our address record can be corrected. Thank you. NOTICE: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written to be used, and cannot be used, by any person for the purpose of avoiding any penalties that may be imposed by the Internal Revenue Service. 11/14/2008 • RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: Moffatt, Thomas, Barrett, Rock & Fields, Chartered 101 South Capitol Boulevard, 10th Floor Post Office Box 829 Boise, Idaho 83701-0829 (Space Above For Recorder's Use) UTILITY LICENSE AGREEMENT This Utility License Agreement ("Agreement"), is entered into and made effective this day of 20 , 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 P.O. Box 7571, Boise, Idaho 83707, and City of Meridian ("Licensee"), whose address is (name of other party 33 E. Idaho Avenue, Meridian, Idaho 83642 NOW, THEREFORE, in consideration of the mutual benefits to be received by the District and Licensee, 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 License. The District hereby grants a License ("License") to Licensee for the purpose of crossing the North Slough No. 1 Lateral (aka Simpson Lateral) (name of canal, lateral, or ditch) at the location described in Exhibit A, appended hereto, in order to construct, operate, inspect, maintain, and repair low voltage traffic controls . This grant (list crossing(s), power, gas, cable, phone, etc.) of License is subject and subordinate to any and all property rights the District may have in the North Slough No. I Lateral (aka Simpson Lateral) (name of canal, lateral, or ditch) UTILITY LICENSE AGREEMENT -1 CLIENT:573M.4 Revised 4/3108 0 Licensee expressly acknowledges and agrees that this License does not grant Licensee 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 North Slough No. 1 Lateral (aka Simpson Lateral) . This grant is expressly conditioned (name of canal, lateral, or ditch) upon the prior receipt by Licensee 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 District's prior approval of all drawings and plans concerning the activities to be conducted by Licensee under this Agreement. 2. Term of Grant of License. The term of the License shall commence upon the effective date of this Agreement and shall continue, for so long as Licensee is in compliance with the terms of this Agreement. The District reserves the right to revoke this License, effective upon thirty (30) days' prior written notice to the Licensee thereof, should Licensee at any time fail to materially comply with the terms of this Agreement, and fail to correct such noncompliance within thirty (30) days following service of written notice by the District ("Cure Period"). If Licensee begins, but cannot complete, corrective action within the Cure Period, the Cure Period may be extended, at the sole discretion of the District, for such amount of time as may be reasonably required to complete the corrective action. 3. Construction, Inspection Maintenance Repair, and Replacement of Crossing. Licensee, following execution of this Agreement by the parties, may have access across the North Slough No. 1 Lateral (aka Simpson Lateral) to conduct such construction, (name of canal, lateral, or ditch) inspection, maintenance, repair, and replacement of the low voltage traffic controls as may be reasonably necessary, (list crossing(s), power, gas, cable, phone, etc.) subject to any restrictions imposed on Licensee's activities as may be set forth in this UTILITY LICENSE AGREEMENT - 2 CLIENT:573845.4 Revised 413108 Agreement. Licensee or its agents and contractors shall perform any work in a workmanlike manner, and in accordance with the Engineering Plans and Specifications referenced in Exhibit B. through the Any activities by Licensee which may impede or impair the flow of water North Slough No. 1 Lateral (aka Simpson Lateral) may only be performed (name of canal, lateral or ditch) during the non -irrigation season, which is usually between November 1 and March 15. Licensee expressly acknowledges that the District does not relinquish its ownership rights in any portion of the 4. North Slough No. 1 Lateral (aka Simpson Lateral) Utility Crossings. Licensee shall not allow any Utilities (except Licensee if it is a Utility) or any private party to attach to Licensee's facilities governed by this Agreement, cross any portion of the North slough No. 1 Lateral (aka Simpson Lateral) , or (name of canal, lateral, or ditch) otherwise use or encroach upon the District's easements, without the express written consent of the District. Said written consent may take the form of an addendum to this existing Agreement or, the District, in its discretion, may require that separate license agreements be executed between the District and the Utility or private party seeking to cross the North Slough No. 1 Lateral (aka Simpson Lateral) 5. Express Waiver. In the event that any Utilities or private parties do attach to Licensee's facilities governed by this Agreement, cross District facilities and/or systems, or share in the use of District's facility and/or system easements, Licensee, and Utilities or private parties, waive any and all claims against the District, now and in the future, concerning the District's water distribution, operation, and maintenance activities upon its facilities and/or systems. UTILITY LICENSE AGREEMENT - 3 CLIENT:573845.4 Revised 4008 • • 6. Indemni . Licensee, and any Utility or private party that attaches to Licensee's facilities governed by this Agreement, crosses a District facility or system, or uses an exclusive easement, 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 litigation costs and attorney fees, which shall include paralegal fees, arising from or out of any acts or omissions of the Licensee or any crossing Utility, their agents, or contractors related to or in connection with their crossing of District facilities, use of the exclusive easements of the District, any attachments to Licensee's facilities governed by this Agreement by a crossing Utility or private party, or any activity under this Agreement and the exercise of any privileges or performance of any obligations by the Licensee or crossing Utility hereunder. Furthermore, the Licensee and any crossing Utility agree 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 litigation costs and attorney fees, which shall include paralegal fees, arising from or out of water quality violations, flooding, or any interruption or interference with the flow of water in the North Slough No. 1 Lateral (aka Simpson Lateral) caused by any act or omission of the Licensee and any crossing Utility or their agents. Notwithstanding any other provision of this Agreement, Licensee, and any Utility or private party that attaches to Licensee's facilities, shall be responsible for their own actions only, and not the actions of any other party hereunder. Each party's liability shall be separate only, and not joint. 7. No Liens. Licensee shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of Licensee, its agents, or UTILITY LICENSE AGREEMENT - 4 CLIENT:573845.4 Revised 413/08 • 0 contractors, to attach to the North Slough No. 1 Lateral (aka Simpson Lateral) or to any (name of canal, lateral, or ditch) adjacent lands held by the District. 8. Permits. Licensee represents that it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement. Additionally, for those projects which fall under the purview of the Clean Water Act, 33 U.S.C. 1251, et seq., prior to commencement of construction impacting the District's facilities, Licensee shall deliver to legal counsel for the District a copy of a Section 404 Permit it has obtained from the United States Army Corps of Engineers. In the event that a Section 404 Permit is not required, Licensee shall certify that its construction impacting the District's facilities does not fall under the purview of the Clean Water Act and a Section 404 Permit is not required. The parties hereby recognize and agree that this Agreement will not be executed by the District and recorded until legal counsel for the District is in receipt of the appropriate Section 404 Permit or written certification by Licensee that a Section 404 Permit is not required for the construction contemplated under this Agreement. Such certification shall be attached to this Agreement as Exhibit C and made a part hereof. 9. Operation, Maintenance, and Repair of Crossing Improvements. It is recognized by the District that maintenance, repair and/or replacement of the crossing improvements constructed by Licensee and which cross the North Slough No. 1 Lateral (aka Simpson Lateral) under the terms and conditions of this (name of canal, lateral, or ditch) Agreement and as identified in Exhibit B, may be necessary subsequent to the execution and recording of this Agreement. In the event that Licensee desires to perform any maintenance, repair and/or replacement of such crossing improvements, they acknowledge and agree that the prior written consent of the District is required prior to commencement of any such UTILITY LICENSE AGREEMENT - 5 CLIENT:573845.4 Revised 4/3/08 0 0 maintenance, repair and/or replacement of the crossing improvements, unless an emergency reasonably precludes obtaining prior written consent. In such an event, Licensee shall provide written notice to the District of such emergency repair or replacement, as soon as reasonably possible after undertaking such work. The District agrees that it will consider and act upon all non -emergency written requests for written consent from Licensee in a business -like manner. 10. Limitations on Liability; Attomey Fees. 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. In the event of any suit or proceeding by either party herein against the other party arising out of this Agreement or in connection with the activities of the Licensee, or their agents or contractors, under this Agreement, the nonprevailing party in such suit or proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge reasonable for attorney fees and costs, including such fees and costs on appeal. 11. Further Consideration. In further consideration for inducing the District to grant this License, the Licensee agrees to promptly pay all expenses incurred by the District relating to the negotiation, preparation, and execution of this Agreement. 12. Entire Ag-reement. 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. 13. Binding Effect. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all person UTILITY LICENSE AGREEMENT - b CLIENT:573845.4 Revised 413/08 0 0 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. No third parties are intended to benefit from, or obtain any rights under, this Agreement. 14. 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. 15. 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. 16. Governing Law. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 17. Representations of Parties. (a) District. The District represents and warrants that: (i) it is an irrigation district organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the capacity and all legal rights necessary to enter into and perform the District's obligations under this 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) Licensee. Licensee represents and warrants that: (i) it has the capacity to enter into and perform its obligations under this Agreement; (ii) all actions required to authorize Licensee to enter into and perform this Agreement have been properly taken; (iii) it has U IUITY LICENSE AGREEMENT - 7 CLIENT:573845.4 Revised 413108 0 • obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement; (iv) this Agreement has been properly executed and delivered by the Licensee and is valid and binding upon the Licensee in accordance with its terms; and (v) (check one of the following, if applicable): 17 Licensee is an Idaho municipal corporation incorporated and in good standing in the State of Idaho. Licensee is a and is in good standing in the State of Licensee is a and in good standing in the State of partnership established incorporated or organized 18. 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 Name 33 E. Idaho Avenue Address Meridian, Idaho 83642 City, State & Zip Code 19. Recording. This Agreement shall be recorded at the Ada County Recorder's Office. [Signature Page Follows] UTILITY LICENSE AGREEMENT - 8 CLIENT:573845.4 Revised 4/3/08 i 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first set forth above. Attest: SETTLERS IRRIGATION DISTRICT LIM President of its Board of Directors Secretary City of Meridian rl��/llt�rr11t111%�NNI UTILITY LICENSE AGREEMENT - 9 CLIEN P573845.4 Revised 413108 • STATE OF IDAHO } } ss. County of Ada } On this day of , 20___, before me, the undersigned Notary Public in and for the said state, personally appeared known or identified to me to be the President of SETTLERS IRRIGATION DISTRICT, the person who executed the instrument on behalf of SETTLERS IRRIGATION DISTRICT, and acknowledged to me that SETTLERS IRRIGATION DISTRICT executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires STATE OF IDAHO } ss. County of Ada } On this day of , 20 , before me, the undersigned. Notary Public in and for the said state, personally appeared known or identified to me to be the Secretary of SETTLERS IRRIGATION DISTRICT, the person who executed the instrument on behalf of SETTLERS IRRIGATION DISTRICT, and acknowledged to me that SETTLERS IRRIGATION DISTRICT executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires UTILITY LICENSE AGREEMENT -10 CLIENT:573845.4 Revised 4/3108 0 • STATE OF Idaho ) ss. County of Ada ) On this 1$rday of K jo\(eiflfl , 2Ubefore me, the undersigned Notary Public in and for said state, personally appeared Tammy de Weerd , known or identified to me to be the M a Q r of City of Meridian who is the person who executed the illstrument on behalf of City of Meridian , and acknowledged to me that City of Meridian , 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. ®®� j� •oo NOTARY P LIC FOR Idaho ,'k ®�,�>G' ; Residing at kk 10 My Commission Expires 1"� • % 0.4 ^ 1 ■ ' 1 i • e 1 1 ® e i • UTILITY LICENSE AGREEMENT -11 CLIENT:573845.4 Revised 4!3M • 0 EXHIBIT A Legal Description of low voltage traffic controls Crossing Northeast Quarter of Section 26, Township 4 North, Range 1 West, Ada County, Idaho EXHUBIT A CLIENT:573845.4 ■, r Engineering Plans and Specifications EXHIBIT B CLIENT:573845A %00T WK -DIS am Ma UNCINPI 'K va .wc +/s prw+es maa �a I a .a HB. H111111— a LL 9 q�g 73 FF O g � g ILRIK Njaij Z s+ el �. 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Ul I I00C mw , iiim ZOE'al. d'TTa1 n ONVOI NVHIRO►q RU(jj) aausro NouMU 'ivarta NVIC&MNOILVIS 3LU NVIOI GR 3 mm $ � ; � -° I� a � � � �c s maS $ t -v _r .� $a o v 5 § 3.10 o � €S€ d € 5S E m o s B.- ! .�°Q 3 € �� o's S�Y� � E y« s =� € « a6 � 7 C-gS $ $a If $ «r$ i ga .g °5 g�� yx�'d opp'ca '^at n.p� m MU p i fflC a mGGo ��30 rC EOt CCD ism mooB damEw _e .� FS req. s�Q &'°.�Y«¢�� os$sikm al -4-2 m 6 m .y C C.� cigw$u T $ g i «m C�5�0€= $gsa dj -19-g E pp ° 6.a 195 tom —3 pop 3m irk Bo a 5—_—�o3$c�vb€gif m 8 &A �859 ��SmC go e� gn ° $ IN MIS °€o ° gg IN ga 3 $«a€ � 7r oysk as Phu $ 88- ° mE`a€$E��°fig" Envo -9 1gsm�a �&� ��$ 3 �- gg ��ovmo� �; �afL � uv y�e abarnGrU- � 1" Z1. Y16NS W"goB w c .sH,vm �N �s$ msn a November 14, 2008 MERIDIAN CITY COUNCIL MEETING November 18, 2008 APPLICANT ITEM NO. 3-J REQUEST Professional Service Agreement with AspireOn, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. HUMAN RESOURCES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MERIDIAN AND ASPIREON INC. THIS AGREEMENT, effective the 1-4 day of October, 2008, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and ASPIREON doing business as AspireOn, 547 W Welch Street, Meridian, Idaho 83642, a corporation organized under the laws of the State of Washington. 1. Scope of Services: ASPIREON shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall be effective from October 1, 2008 and shall expire on September 30, 2009 unless earlier terminated or extended. 3. Indemnification and Insurance: ASPIREON shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by ASPIREON, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. ASPIREON will provide services to the CITY and shall be liable for all acts of their employees while upon the premises of the CITY. The CITY will further indemnify ASPIREON for any losses, claims, actions, or acts by the CITY, its agents or employees, taken in furtherance or related to the training received from ASPIREON. 4. Independent Contractor: In all matters pertaining to this agreement, ASPIREON shall be acting as an independent contractor, and neither ASPIREON nor any officer, employee or agent of ASPIREON will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: ASPIREON shall be compensated for Human Resources consulting services pursuant to and specified in attached Exhibit "A." For the purposes of contact for compliance with this Agreement ASPIREON may deal exclusively with: Human Resources Director City of Meridian 33 E. Idaho Meridian, ID 83642 AspireOn Personal Services Agreement — page 1 of 5 6. Method of Payment: ASPEREON will receive a flat retainer of $3500 per month for all services within the Scope of Services attached as Exhibit "A" and incorporated herein by reference. ASPIREON shall be responsible to provide an accounting of services provided on a monthly basis. ASPIREON will be paid monthly at the beginning of each month. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 ASPIREON 547 W. Welch Street Meridian, Idaho 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that ASPIREON shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, ASPIREON shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. AspireOn Personal Services Agreement — page 2 of 5 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ASPIREON'S records with respect to all matters covered by this Agreement. ASPIREON shall permit the CITY to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement that are property of the CITY. ASPIREON does use material prepared and copyrighted for their use in furtherance of this Agreement and contain proprietary information that derives separate individual economic value to ASPIREON. Those documents may not be reproduced without the express written consent of ASPIREON. Documents that are restricted by this condition must be clearly marked and identified by ASPIREON to claim this exclusion. Said proprietary materials shall remain the property of ASPIREON and utilization of such proprietary materials by the CITY outside of this Agreement or ongoing beyond the term of this Agreement would require a separate licensing agreement to be entered into by the parties. 15. Compliance with Laws: In performing the scope of services required hereunder, ASPIREON shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of ASPIREON'S compensation, which are mutually agreed upon by and between the CITY and ASPIREON, shall be incorporated in written amendments to this Agreement. 17. Termination: For Cause: If, through any cause, ASPIREON, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of AspireOn Personal Services Agreement — page 3 of 5 this contract, the CITY may immediately terminate this agreement with notice to ASPIREON. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. Without Cause: If the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ASPIREON of such termination and specifying the effective date thereof at least sixty (60) days before the effective date of such termination. ASPIREON may also terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ASPIREON under this Agreement shall, at the option of the CITY, become its property, and ASPIREON shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ASPIREON shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ASPIREON, and the CITY may withhold any payments to ASPIREON for the purposes of set-off until such time as the exact amount of damages due the CITY from ASPIREON is determined. This provision shall survive the termination of this agreement and shall not relieve ASPIREON of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. The parties also understand that ASPIREON has existing Agreements with the CITY that are not incorporated under this Agreement. The CITY may contract with ASPIREON to perform other functions not included in the Scope of Services of this Agreement. Any such contemporaneous agreements shall also be in writing and substantially similar to this Agreement. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. AspireOn Personal Services Agreement — page 4 of 5 Attest: JA 0 E 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. ASPIREON CITY OF MERIDIAN BY: T de ERD, MAYOR a AL CI'I;Y AspireOn Personal Services Agreement — page 5 of 5 0 • SCOPE OF SERVICES Exhibit "K The following document identifies consulting services to be performed and objectives to be completed reference targeted efforts to assist Client in ongoing efforts towards achieving City Excellence. This effort is inclusive of defined efforts relative to: 1) Talent/Team Development, 2) Talent Acquisition Evaluation, 3) Performance Coaching, and 4) Performance/Accountability System and Strategic Planning Process Implementation and Execution. I. Project Outcome Focus Areas: 1. Talent/Team Development a. Assist with the development of city-wide employee training program – Assist in the evaluation and identification of third party training programs to meet City needs and coordinate said program delivery with the HR Analyst. In regard to third party delivered training programs, ensure consistently and integration with City values, current training efforts, and strategic focus as well as effective targeting of efforts to identified needs. Establish appropriate follow-up and mentorship reinforcement, reference third party delivered workshops, to ensure successful execution/utilization of training program competencies. b. As needed, serve as a performance catalyst, providing direct coaching to managers needing assistance in applying workshop competencies. c. Provide & support team development/alignment efforts d. Development and implementation of a succession/leadership program 2. Talent Acquisition Evaluation a. Provide consulting on the identification of position requirements for new or vacant positions. b. Provide candidate evaluation assistance and interview consulting 3. Performance Coaching a. Executive Leadership Coaching as required b. Directed one -on -ane performance coaching to assist in performance troubleshooting and serve as an execution catalyst c. Management Development d. AspireOn Leadership Analysis Tool Feedback coaching 4. Performance/Accountability System and Strategic Planning Process Implementation and Execution. a. Overall Execution Consulting regarding Integrated Performance Management System—Compensation, Job Grading, and design of overall program. b. Oversee and drive implementation of Performance Accountabilities Definitions I. Provide support and review in development of definitions ii. Provide assistance/reinforcement of follow-up/reviews, on success expectations and key milestones. c. Provide assistance on development, implementation, and support of performance evaluation process d. Work with department on continuous process improvement Aspirlyn. 0 0 e. Implementation and assistance in overall Strategic Positioning Process f. Strategic Planning Process Execution Consulting i. Assistance with strategic mapping of initiatives for consistency in development and execution ii. Facilitation, review, and feedback of strategic focus areas and initiatives. iii. Review, feedback, and input on organizational alignment (i.e. re- alignment/re-shaping) iv. Review/input of position descriptions II. Engagement Understandings ➢ The City Attorney/HR Manager of City of Meridian, shall be the primary point of contact for Client reference the consulting relationship for these services. In addition, the City Attomey/HR Director & Mayor will provide the appropriate empowerment, ongoing support, and mandate to the organization to allow AspireOn to perform these services. Bi -Monthly engagements to review project status and coordinate project efforts will be held between the City Attomey/HR Director, Mayor (if available), and applicable AspireOn Consultants. ➢ AspireOn wilt be given appropriate representation and participation in overall strategic planning meetings as well as access to relevant information to ensure alignment of efforts with overall strategic objectives and initiatives. ➢ AspireOn commits to having consultant resources on site at Client, as required to perform referenced services. It is understood that services under this Agreement will also be performed offsite. III. Retainer Understanding: A. General Retainer Assumptions: 1. AspireOn's Regular Fee Structure is as Follows: a. Level A) Executive Coaching Engagements, Team Engagements, Strategic Positioning and Execution Mapping, Results Project Management/Overall Training Coordination, Execution Engagements, Performance Coaching, Execution Catalyst Engagements - $160/hr b. Level B) Information Analysis, Process Review, Program Customization/ Development, Candidate Evaluations - $110/hr c. Ldvel C) Administrative support, documentation, travel - $50/hr 2. Retainer is based on estimated time commitments within each of the above three fee areas factored on a 52- week year. The estimate does not represent a fixed service delivery distribution commitment. AspireOn shall notify Client upon reaching the retainer threshold in a monthly period and receive authorization before providing any additional services for that month. Rough time estimates factored into retainer rate are as follows: a. 33^5 hours per week of Level A effort, b. 2_5 hours per week of Level B effort, c. 1.25 hours per week of Level C effort. 1 2 fAi'P'rq)n- (Actual services may vary by levels but will not exceed retainer without approval of the client) 3. Retainer will be prepaid on a monthly basis and deemed due upon the 1st of every month. 4. The following AspireOn tools/services are not deemed part of the retainer agreement and as such would be billed on an actual per utilization basis. The utilization of these tools remains at the discretion of the client as directed to the consultant: a. Profiles & Leadership Analysis/Packet - $375 per b. Leadership Execution Challenges - $75 per c. Leadership Scans - $400 per d. Cusp Leader Development Plan - $250 e. Environmental Scan —To Be Negotiated f. Process Analysis — i.e. benchmarking, process analysis (building department), etc. g. Additional AspireOn Development Workshops or training (above the retainer) as directed by the City (i.e. project management training, non -supervisor development programs, and conflict management/resolution workshops). B. Retainer,Terms: 1. This represents the recommended level of services necessary (Estimated time commitments described above) for successful catalyst and execution efforts to address the project outcome (integrated) focus areas as mutually identified. This retainer rate represents a 10% discount by the consultant from normal rates given Client's commitment to the retainer. 2. Discounted retainer rates: (10% discount) a. Level A Services - $144/hr b. Level B Services - $99/hr c. Level C Services - $45/hr 3. Monthly Retainer - $3.500/month IV. Expenses Out of pocket expenses directly incurred in association with performing the services as outlined above will be submitted to Client for reimbursement. Every effort will be made to minimize such expenses in performing these services. Expenses are anticipated to include, but are not limited to: supplies and additional business travel expenses that may be incurred. 6) 3 Aspir�y�. November 14, 2008 MERIDIAN CITY COUNCIL MEETING November 18, 2008 APPLICANT ITEM NO. 3-K REQUEST Economic Development Coordinator Agreement with Virtus Enterprises, LLC CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS =� F", Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. r 0 VJLI�� ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC THIS AGREEMENT, effective this 1St day of October, 2008, by and between the CITY of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and VIRTUS Enterprises LLC doing business and hereinafter referred to as "VIRTUS", 2043 E. Redwick, Meridian, Idaho 83642, a limited liability corporation organized under the laws of the State of Idaho. Scope of Services: VIRTUS has designated a core team to serve the needs of this Agreement. That team is identified as: Phil Stiffler, Sr. — Economic Excellence Coordinator Josh Grant Project Execution Specialist Phil Stiffler, Jr. — Founder and CEO, VIRTUS Enterprises, LLC The team shall be the CITY's contact and shall be accountable to the City and the conditions of this Agreement. The City acknowledges that VIRTUS can and will use other resources, staff, or contracted services at their discretion to optimize performance under this contract. A copy of the original RFP prepared by VIRTUS shall be incorporated by reference and attached to this Agreement. A Scope of Work prepared by VIRTUS is attached to the Agreement and is hereby incorporated by reference. VIRTUS shall perform all services, made a part of this Agreement and may receive additional duties as assigned that are consistent with the intent and objectives of this agreement. If VIRTUS believes the additional duties are outside the scope of the Agreement they must raise that issue to the Mayor as soon as reasonably possible. VIRTUS shall act under the direction and at the pleasure of the Mayor and CITY Council. They shall be responsible for coordination of the CITY's economic development strategy, which includes downtown economic development in cooperation with the Meridian Development Corporation (MDC) (as it relates to commercial and industrial development). VIRTUS's work is characterized by duties associated with planning, developing, managing, and completing economic development projects and programs; coordinating with business and development interests; and partnering with the business community for funding on specific projects. They will act as liaison with CITY departments and officials; and represent the CITY where appropriate in economic development meetings. The Mayor will provide VIRTUS with ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 1 of 9 assignments in terms of broad practice, precedents, policies, and goals. Work may be reviewed by the Mayor and/or City Council for fulfillment of program objectives and conformance with City policy and practice. The focus of the Economic Development Coordinator shall be around five (5) primary areas that have been developed over the last year incorporated by reference and attached to this Agreement: • Corridors • Existing Business Developments • Positioning/Planning • Economic Development Relationship Building • On -Going Tracking and Support The general nature of the work involved as the Economic Development Coordinator shall include, but are not limited to the following areas: weekly business visits if that can be accommodated with the Mayor's schedule, coordinating the maintenance of a website, working on the development of the marketing materials and the continued efforts with the Medical/Health Sciences district (this includes working on a targeted business list for recruitment); and follow-up with the Economic Development Council in partnering opportunities; respond to business inquiries, Economic Development partners, developers and their projects; the Ten Mile planning activities as they relate to Economic Development and the necessary follow-up. VIRTUS will coordinate, when appropriate, with other CITY departments such as Building, Planning and Zoning, and the City Attorney's office. Additionally VIRTUS will coordinate, when appropriate, with the Meridian Chamber of Commerce or the Boise Valley Economic Partnership. VIRTUS agrees to, and does hereby grant the CITY the rights to reproduce use and disclose for CITY purposes, all or any part of the reports, data, technical information and client information furnished to the CITY under this contract. All information received by VIRTUS, during the course of this Agreement or the preceding Agreement between VIRTUS and the CITY shall be the intellectual property of the CITY, however obtained, and in whatever format obtained, shall be the property of the CITY. To the extent permitted by Idaho law, such information shall be confidential and therefore shall not be disclosed to third parties unless permission is first obtained from the Mayor. Upon termination of services provided under this agreement, VIRTUS shall promptly deliver all materials and equipment received by VIRTUS to the CITY. VIRTUS shall not retain any such materials or information in any form unless VIRTUS has received ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 2 of 9 E written permission from the CITY. Nothing herein shall be construed to violate the Idaho Public Records Act. VIRTUS retains all rights to proprietary information received due to their existing relationship with AspireOn, Inc., or other contracted partners. VIRTUS shall retain exclusive right to that information. This Agreement does not prohibit VIRTUS from engaging in other business agreements with other public or private enttities for matters unrelated to Economic Development. The City reserves the right to limit or exclude VIRTUS from entering into other Economic Development agreement during the term of this Agreements with other public entities. VIRTUS may act as the spokesperson for the CITY in furtherance of this Agreement, but shall coordinate that effort with the Mayor's office. The CITY shall reserve the right to be the lead and spokesperson on any CITY related matter. Furthermore, the CITY shall approve and may provide the letterhead and business cards necessary for the furtherance of this Agreement to VIRTUS. If the City provides the business cards and letterhead it shall be at the CITY's expense. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2009 unless earlier terminated or extended. 3. Indemnification and Insurance: VIRTUS shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by VIRTUS, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. VIRTUS will provide services to the CITY and shall be liable for all acts of their employees while upon the premises of the CITY. The CITY will further indemnify VIRTUS for any losses, claims, actions, or acts by the CITY, its agents or employees, taken in furtherance or related to the information provided from VIRTUS. VIRTUS shall not be liable to the CITY and the CITY shall hold VIRTUS harmless for acts or omissions related to Economic Development efforts done prior to the effective date of this Agreement. 4. Independent Contractor: In all matters pertaining to this agreement, VIRTUS shall be acting as an independent contractor, and neither VIRTUS nor any officer, employee or agent of VIRTUS will be deemed an employee of CITY. VIRTUS shall maintain offices separate from the CITY. VIRTUS may have access and use of CITY conference rooms for meetings in furtherance of this Agreement. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 3 of 9 0 0 5. Reporting Relationships: VIRTUS shall be compensated for their consulting services pursuant to and specified in attached Exhibit "A." For the purposes of contact for compliance with this Agreement VIRTUS may deal exclusively with: Mayor Tammy deWeerd CITY of Meridian 33 E. Broadway Meridian, ID 83642 At the Mayor's discretion all information may be simultaneously transmitted to the Mayor's staff. 6. Reporting: VIRTUS agrees to prepare and furnish a monthly activity report for payment of services by the CITY. The report shall consist of information that can be disseminated to the public and show the progress towards each of the five (5) primary areas described in paragraph 1. The first report shall be due at the end of November, 2008 and at the end of each subsequent month thereafter. VIRTUS further agrees to meet, at a minimum of, every other week with the Mayor to discuss progress and activities performed. In general the status report for this meeting will include details regarding: contacts made; inquiries regarding -new or expanding business, fielding of the original call, number of calls to collect information, material/packet sent, follow-up on status, etc. VIRTUS further agrees to provide a quarterly summary presentation to the City Council in a public meeting of progress and accomplishments related to the fulfillment of the terms of this Agreement. 7. Compensation: VIRTUS will receive a retainer of $7650.00 per calendar month for all services within the Scope of Services and accompanying attachments and incorporated herein by reference. If expectations are not being met by either party then the parties may Meet and Confer as contemplated by this Agreement. VIRTUS shall be responsible to provide an accounting of services provided on a monthly basis as described in paragraph 6. VIRTUS will be paid monthly. If this Agreement is entered into or terminated within a calendar month VIRTUS shall be entitled to a pro -rated portion of payment for that month. It is contemplated by the parties that VIRTUS may incur necessary expenses in the performance of their duties under the terms of this agreement. It is agreed upon by the parties that such day-to-day expenses include, but are not limited to, office supplies, general copying, and postage, business related types of expenses ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 4 of 9 are included in the monthly retainer. The CITY will reimburse for previously authorized color copying and mailing of marketing materials. The CITY may also consider reimbursement for extraordinary expenses. This shall include but is not limited to large scale copying for mass mailings, development and printing of new marketing materials, conducting large scale seminars or workshops, travel outside of Ada or Canyon County for activities of such magnitude that they could not have been included in this Scope, but further the Economic Development intent of this Agreement. Any such request for reimbursement of extraordinary expenses, including but not limited to travel outside of Ada or Canyon County, and the associated registrations, fees, or costs of attending seminars, institutes, or conferences shall be brought separately for consideration before the City Council for specific authorization prior to incurring the expense. All appropriate receipts must be provided for reimbursement after approval. 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 ATTN: MAYOR'S OFFICE VIRTUS 2043 E. Redwick Meridian, Idaho 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 5 of 9 0 shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that VIRTUS shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Services required herein, VIRTUS shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of VIRTUS'S records with respect to all matters covered by this Agreement. VIRTUS shall permit the CITY to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement that are property of the CITY. VIRTUS does use material prepared and copyrighted for their use in furtherance of this Agreement and contain proprietary information that derives separate individual economic value to VIRTUS. Those documents may not be reproduced without the express written consent of VIRTUS. Documents that are restricted by this condition must be clearly marked and identified by VIRTUS to claim this exclusion. Said proprietary materials shall remain the property of VIRTUS and utilization of such proprietary materials by the CITY outside of this Agreement or ongoing beyond the term of this Agreement would require a separate licensing agreement to be entered into by the parties. 16. Compliance with Laws: In performing the scope of services required hereunder, VIRTUS shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 6 of 9 0 • 17. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of VIRTUS' S compensation, which are mutually agreed upon by and between the CITY and VIRTUS, shall be incorporated in written amendments to this Agreement. 18. Renewal: No less than one hundred and twenty (120) days prior to the end of this Agreement VIRTUS may notify the CITY of their desire to enter into a new agreement with the CITY. Failing to do so is not a bar to a new agreement, but may be considered by the CITY in their decision. The CITY may request information regarding any requested changes to the proposed Agreement upon renewal including but not limited to Scope of Work and Compensation. The Notice of desire to enter into a new agreement and the CITY's request for information regarding changes to the agreement does not bind either parry to a final agreement. It is contemplated by both parties to this Agreement that the intent of the Notice and Request are merely for exploratory purposes and both parties will have to enter into formal negotiations and consensus prior to the entering into a new Agreement. 19. Termination: For Cause: If, through any cause, VIRTUS, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, the CITY may immediately terminate this agreement with notice to VIRTUS. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. Without Cause: If the Mayor and the City Council determine that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to VIRTUS of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. The City Council may also unanimously, without the consent of the Mayor, terminate this agreement without cause subject these provisions. VIRTUS may also terminate this agreement at any time by giving at least thirty (30) days notice to CITY. If the termination is within a calendar month the period of time shall extend to the end of the month beyond the thirty days. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 7 of 9 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by VIRTUS under this Agreement shall, at the option of the CITY, become its property, and VIRTUS shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. This shall include a pro -rated portion of the contract to the end of the termination period. Notwithstanding the above, VIRTUS shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by VIRTUS, and the CITY may withhold any payments to VIRTUS for the purposes of set-off until such time as the exact amount of damages due the CITY from VIRTUS is determined. This provision shall survive the termination of this agreement and shall not relieve VIRTUS of its liability to the CITY for damages. 20. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. The CITY may contract with VIRTUS to perform other functions not included in the Scope of Services of this Agreement. Any such contemporaneous agreements shall also be in writing and may be substantially similar to this Agreement. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the CITY of Meridian. 23. Meet and Confer: The parties to the Agreement hereby agree to meet and confer regarding any disputes that may arise in the course of this Agreement and to seek consensus. This provision shall not apply if the CITY wishes to terminate this Agreement for cause. If consensus cannot be reached then the parties have not waived any available remedies available by law or this Agreement, up to and including termination of this Agreement. 24. Approval Required: This Agreement shall not become binding until signed by VIRTUS, approved by the City Council, signed by the Mayor and attested by the City Clerk of Meridian. The parties agree that the effective date of this Agreement shall be from October 1, 2008. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 8 of 9 Dated this day of , 200 VIRTUS Enterprises, LLC t Dated this day of -200 CITY OF MERIDIAN r Dated this day of , 200 Attest: JAYCEE HOLMAN, CITY CLERK ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 9 of 9 1 SCOPE OF SERVICES Exhibit "A" The following document identifies Economic Development Team Consulting Services to be performed for the City of Meridian. I. Project Outcome Focus Areas: 1. Business Enterprise Corridors a. Develop marketing plans for corridors (as they evolve or are modified) i. Medical ii. Northwest iii. Ten Mile iv. Downtown — work with MDC to define this corridor b. Target development for corridor recruitment c. Marketing materials —joint promotion and coordination between City, Private, and MDC d. Identify, plan, and work with appropriate City officials for infrastructure needs e. Active and passive targeted recruitment efforts 2. Existing Business Development a. Facilitate four meetings per month with Meridian businesses (inclusive of site visits with the Mayor) b. Engage participation from Meridian businesses in economic development efforts c. Research and identify possible capital networks for supporting economic development d. Plan an economic development meeting of Meridian businesses (work with Chamber to have them coordinate this effort) 3. Positioning/Planning a. Promote and tell the story of the City's vision and economic development plan for excellence as directed by the Mayor b. Coordination with stakeholders on outlined plan for enhancing workforce training and follow-up on progress c. Communicate/update appropriate parties (Mayor, Leadership, Council, and/or Economic Development Council) on a routine basis. d. Routine updates/meetings and collaboration with the Mayor (twice a month) 4. Value Project Facilitation a. Work with Development Services Manager and Building Coordinator to facilitate quality service for building coordination issues (collaboration and cooperation in meeting needs). b. Identify current value projects and maintain a current/updated list of activities. c. Work as a liaison and catalyst as needed on identified value projects to maintain momentum and ensure projects meet their goals for development (working collaboratively with Planning, and City Attorney's Office). 5. Economic Development Relationship Building • 0 a. Active participation in identified State and Treasure Valley economic development groups/committees b. Identify and proactively engage and maintain relationships with community partnerships, MDC, Chamber, etc (public and private) who represent significant stakeholders c. Opportunities for joint promotion and coordination with Chamber developers, businesses, MDC, other communities, etc 6. Ongoing Tracking & Support a. Manage and direct economic development website updates, maintenance, and development as needed b. Track reasons why businesses are choosing, or not choosing, Meridian or Idaho c. Maintain a current list of necessary statistical database information d. Begin building an inventory database of businesses II. Retainer Understanding: A. General Retainer Assumptions and Terms: 1. Retainer will be prepaid on a monthly basis and deemed due upon the 1St of every month. 2. Monthly Retainer - $7.650/month III. Expenses Out of pocket expenses directly incurred in association with performing the services as outlined above will be submitted to the City for reimbursement. Expenses are anticipated to include, but are not limited to: luncheon/meetings costs for attendance at approved meetings/sessions (i.e. BVEP, State Economic Meetings, etc), and tradeshows. As directed, approval will be obtained from the City prior to incurring expenses. K ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC THIS AGREEMENT, effective this 1" day of h clawsof the State of Idaho, hereinafter, 2008, by and between the Meridian, a municipal corporation organized under t referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and VIRTUS Enterprises LLC doing business and hereinafter referred to as "VIRTUS", 2043 E. Redwick, Meridian, Idaho 83642, a limited liability corporation organized under the laws of the State of Idaho. 1. Scope of Services: VIRTUS has designated a core team to serve the needs of this Agreement. That team is identified as: Phil Stiffler, Sr. — Economic Excellence Coordinator Josh Grant Project Execution Specialist Phil Stiffler, Jr. — Founder and CEO, VIRTUS Enterprises, LLC The team shall be the CITY's contact and shall be accountable to the City and the conditions of this Agreement. The City acknowledges that VIRTUS can and will use other resources, staff, or contracted services at their discretion to optimize performance under this contract. A copy of the original RFP prepared by VIRTUS shall be incorporated by reference and attached to this Agreement. A Scope of Work prepared by VIRTUS is attached to the Agreement and is hereby incorporated by reference. VIRTUS shall perform all services, made a part of this Agreement and may receive additional duties asassigned ' that believeare s the addiistent th the tionalldutiesare outside t and objectives of this agreement. the scope of the Agreement they must raise that issue to the Mayor as soon as reasonably possible. VIRTUS shall act under the direction and at the pleasure of the Mayor and CITY Council. They shall be responsible for coordination of the CITY's economic development strategy, which includes downtown economic development in cooperation with the Meridian Development Corporation (MDC) (as it relates to commercial and industrial development). VIRTUS's work is characterized by duties associated with planning, developing, managing, and completing economic development projects and programs; coordinating with business and development interests; and partnering with the business community for funding on specific projects. They will act as liaison with CITY departments and officials; and represent the CITY where appropriate in economic development meetings. The Mayor will provide VIRTUS with ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 1 of 9 1� L J assignments in terms of broad practice, precedents, policies, and goals. Work may be reviewed by the Mayor and/or City Council for fulfillment of program objectives and conformance with City policy and practice. The focus of the Economic Development Coordinator shall be around five (5) primary areas that have been developed over the last year incorporated by reference and attached to this Agreement: • Corridors • Existing Business Developments • Positioning/Planning • Economic Development Relationship Building • On -Going Tracking and Support The general nature of the work involved as the Economic Development Coordinator shall include, but are not limited to the following areas: weekly business visits if that can be accommodated with the Mayor's schedule, coordinating the maintenance of a website, working on the development of the marketing materials and the continued efforts with the Medical/Health Sciences district (this includes working on a targeted business list for recruitment); and follow-up with the Economic Development Council in partnering opportunities; respond to business inquiries, Economic Development partners, developers and their projects; the Ten Mile planning activities as they relate to Economic Development and the necessary follow-up. VIRTUS will coordinate, when appropriate, with other CITY departments such as Building, Planning and Zoning, and the City Attorney's office. Additionally VIRTUS will coordinate, when appropriate, with the Meridian Chamber of Commerce or the Boise Valley Economic Partnership. VIRTUS agrees to, and does hereby grant the CITY the rights to reproduce use and disclose for CITY purposes, all or any part of the reports, data, technical information and client information furnished to the CITY under this contract. All information received by VIRTUS, during the course of this Agreement or the preceding Agreement between VIRTUS and the CITY shall be the intellectual property of the CITY, however obtained, and in whatever format obtained, shall be the property of the CITY. To the extent permitted by Idaho law, such information shall be confidential and therefore shall not be disclosed to third parties unless permission is first obtained from the Mayor. Upon termination of services provided under this agreement, VIRTUS shall promptly deliver all materials and equipment received by VIRTUS to the CITY. VIRTUS shall not retain any such materials or information in any form unless VIRTUS has received ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 2 OF 9 V written permission from the CITY. Nothing herein shall be construed to violate the Idaho Public Records Act. VIRTUS retains all rights to proprietary information received due to their existing relationship with AspireOn, Inc., or other contracted partners. VIRTUS shall retain exclusive right to that information. This Agreement does not prohibit VIRTUS from engaging in other business agreements with other public or private enttities for matters unrelated to Economic Development. The City reserves the right to limit or exclude VIRTUS from entering into other Economic Development agreement during the term of this Agreements with other public entities. VIRTUS may act as the spokesperson for the CITY in furtherance of this Agreement, but shall coordinate that effort with the Mayor's office. The CITY shall reserve the right to be the lead and spokesperson on any CITY related matter. Furthermore, the CITY shall approve and may provide the letterhead and business cards necessary for the furtherance of this Agreement to VIRTUS. If the City provides the business cards and letterhead it shall be at the CITY's expense. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2009 unless earlier terminated or extended. 3. Indemnification and Insurance: VIRTUS shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by VIRTUS, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. VIRTUS will provide services to the CITY and shall be liable for all acts of their employees while upon the premises of the CITY. The CITY will further indemnify VIRTUS for any losses, claims, actions, or acts by the CITY, its agents or employees, taken in furtherance or related to the information provided from VIRTUS. VIRTUS shall not be liable to the CITY and the CITY shall hold VIRTUS harmless for acts or omissions related to Economic Development efforts done prior to the effective date of this Agreement. 4. Independent Contractor: In all matters pertaining to this agreement, VIRTUS shall be acting as an independent contractor, and neither VIRTUS nor any officer, employee or agent of VIRTUS will be deemed an employee of CITY. VIRTUS shall maintain offices separate from the CITY. VIRTUS may have access and use of CITY conference rooms for meetings in furtherance of this Agreement. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 3 of 9 0 5. Reporting Relationships: VIRTUS shall be compensated for their consulting services pursuant to and specified in attached Exhibit "A." For the purposes of contact for compliance with this Agreement VIRTUS may deal exclusively with: Mayor Tammy deWeerd CITY of Meridian 33 E. Broadway Meridian, ID 83642 At the Mayor's discretion all information may be simultaneously transmitted to the Mayor's staff. 6. Reporting: VIRTUS agrees to prepare and furnish a monthly activity report for payment of services by the CITY. The report shall consist of information that can be disseminated to the public and show the progress towards each of the five (5) primary areas described in paragraph 1. The first report shall be due at the end of November, 2008 and at the end of each subsequent month thereafter. VIRTUS further agrees to meet, at a minimum of, every other week with the Mayor to discuss progress and activities performed. In general the status report for this meeting will include details regarding: contacts made; inquiries regarding -new or expanding business, fielding of the original call, number of calls to collect information, material/packet sent, follow-up on status, etc. VIRTUS further agrees to provide a quarterly summary presentation to the City Council in a public meeting of progress and accomplishments related to the fulfillment of the terms of this Agreement. 7. Compensation: VIRTUS will receive a retainer of $7650.00 per calendar month for all services within the Scope of Services and accompanying attachments and incorporated herein by reference. If expectations are not being met by either party then the parties may Meet and Confer as contemplated by this Agreement. VIRTUS shall be responsible to provide an accounting of services provided on a monthly basis as described in paragraph 6. VIRTUS will be paid monthly. If this Agreement is entered into or terminated within a calendar month VIRTUS shall be entitled to a pro -rated portion of payment for that month. It is contemplated by the parties that VIRTUS may incur necessary expenses in the performance of their duties under the terms of this agreement. It is agreed upon by the parties that such day-to-day expenses include, but are not limited to, office supplies, general copying, and postage, business related types of expenses ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 4 of 9 are included in the monthly retainer. The CITY will reimburse for previously authorized color copying and mailing of marketing materials. The CITY may also consider reimbursement for extraordinary expenses. This shall include but is not limited to large scale copying for mass mailings, development and printing of new marketing materials, conducting large scale seminars or workshops, travel outside of Ada or Canyon County for activities of such magnitude that they could not have been included in this Scope, but further the Economic Development intent of this Agreement. Any such request for reimbursement of extraordinary expenses, including but not limited to travel outside of Ada or Canyon County, and the associated registrations, fees, or costs of attending seminars, institutes, or conferences shall be brought separately for consideration before the City Council for specific authorization prior to incurring the expense. All appropriate receipts must be provided for reimbursement after approval. 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 ATTN: MAYOR'S OFFICE VIRTUS 2043 E. Redwick Meridian, Idaho 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 5 of 9 • 0 shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that VIRTUS shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Services required herein, VIRTUS shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of VIRTUS' S records with respect to all matters covered by this Agreement. VIRTUS shall permit the CITY to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement that are property of the CITY. VIRTUS does use material prepared and copyrighted for their use in furtherance of this Agreement and contain proprietary information that derives separate individual economic value to VIRTUS. Those documents may not be reproduced without the express written consent of VIRTUS. Documents that are restricted by this condition must be clearly marked and identified by VIRTUS to claim this exclusion. Said proprietary materials shall remain the property of VIRTUS and utilization of such proprietary materials by the CITY outside of this Agreement or ongoing beyond the term of this Agreement would require a separate licensing agreement to be entered into by the parties. 16. Compliance with Laws: In performing the scope of services required hereunder, VIRTUS shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 6 of 9 • 17. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of VIRTUS' S compensation, which are mutually agreed upon by and between the CITY and VIRTUS, shall be incorporated in written amendments to this Agreement. 18. Renewal: No less than one hundred and twenty (120) days prior to the end of this Agreement VIRTUS may notify the CITY of their desire to enter into a new agreement with the CITY. Failing to do so is not a bar to a new agreement, but may be considered by the CITY in their decision. The CITY may request information regarding any requested changes to the proposed Agreement upon renewal including but not limited to Scope of Work and Compensation. The Notice of desire to enter into a new agreement and the CITY's request for information regarding changes to the agreement does not bind either party to a final agreement. It is contemplated by both parties to this Agreement that the intent of the Notice and Request are merely for exploratory purposes and both parties will have to enter into formal negotiations and consensus prior to the entering into a new Agreement. 19. Termination: For Cause: If, through any cause, VIRTUS, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, the CITY may immediately terminate this agreement with notice to VIRTUS. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. Without Cause: If the Mayor and the City Council determine that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to VIRTUS of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. The City Council may also unanimously, without the consent of the Mayor, terminate this agreement without cause subject these provisions. VIRTUS may also terminate this agreement at any time by giving at least thirty (30) days notice to CITY. If the termination is within a calendar month the period of time shall extend to the end of the month beyond the thirty days. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 7 OF 9 Of In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by VIRTUS under this Agreement shall, at the option of the CITY, become its property, and VIRTUS shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. This shall include a pro -rated portion of the contract to the end of the termination period. Notwithstanding the above, VIRTUS shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by VIRTUS, and the CITY may withhold any payments to VIRTUS for the purposes of set-off until such time as the exact amount of damages due the CITY from VIRTUS is determined. This provision shall survive the termination of this agreement and shall not relieve VIRTUS of its liability to the CITY for damages. 20. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. The CITY may contract with VIRTUS to perform other functions not included in the Scope of Services of this Agreement. Any such contemporaneous agreements shall also be in writing and may be substantially similar to this Agreement. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the CITY of Meridian. 23. Meet and Confer: The parties to the Agreement hereby agree to meet and confer regarding any disputes that may arise in the course of this Agreement and to seek consensus. This provision shall not apply if the CITY wishes to terminate this Agreement for cause. If consensus cannot be reached then the parties have not waived any available remedies available by law or this Agreement, up to and including termination of this Agreement. 24. Approval Required: This Agreement shall not become binding until signed by VIRTUS, approved by the City Council, signed by the Mayor and attested by the City Clerk of Meridian. The parties agree that the effective date of this Agreement shall be from October 1, 2008. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 8 OF 9 0' 0 0 Dated this day of 1200 VIRTUS Enterprises, LLC Dated this day of 1200 CITY OF MERIDIAN ILl.", Dated this day of , 200 Attest: JAYCEE HOLMAN, CITY CLERK ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC - PAGE 9 OF 9 n LJ r1 SCOPE OF SERVICES Exhibit "A" The following document identifies Economic Development Team Consulting Services to be performed for the City of Meridian. I. Project Outcome Focus Areas: 1. Business Enterprise Corridors a. Develop marketing plans for corridors (as they evolve or are modified) i. Medical ii. Northwest iii. Ten Mile iv. Downtown — work with MDC to define this corridor b. Target development for corridor recruitment c. Marketing materials —joint promotion and coordination between City, Private, and MDC d. Identify, plan, and work with appropriate City officials for infrastructure needs e. Active and passive targeted recruitment efforts 2. Existing Business Development a. Facilitate four meetings per month with Meridian businesses (inclusive of site visits with the Mayor) b. Engage participation from Meridian businesses in economic development efforts c. Research and identify possible capital networks for supporting economic development d. Plan an economic development meeting of Meridian businesses (work with Chamber to have them coordinate this effort) 3. Positioning/Planning a. Promote and tell the story of the City's vision and economic development plan for excellence as directed by the Mayor b. Coordination with stakeholders on outlined plan for enhancing workforce training and follow-up on progress c. Communicate/update appropriate parties (Mayor, Leadership, Council, and/or Economic Development Council) on a routine basis. d. Routine updates/meetings and collaboration with the Mayor (twice a month) 4. Value Project Facilitation a. Work with Development Services Manager and Building Coordinator to facilitate quality service for building coordination issues (collaboration and cooperation in meeting needs). b. Identify current value projects and maintain a current/updated list of activities. c. Work as a liaison and catalyst as needed on identified value projects to maintain momentum and ensure projects meet their goals for development (working collaboratively with Planning, and City Attorney's Office). 5. Economic Development Relationship Building a. Active participation in identified State and Treasure Valley economic development groups/committees b. Identify and proactively engage and maintain relationships with community partnerships, MDC, Chamber, etc (public and private) who represent significant stakeholders c. Opportunities for joint promotion and coordination with Chamber developers, businesses, MDC, other communities, etc 6. Ongoing Tracking & Support a. Manage and direct economic development website updates, maintenance, and development as needed b. Track reasons why businesses are choosing, or not choosing, Meridian or Idaho c. Maintain a current list of necessary statistical database information d. Begin building an inventory database of businesses II. Retainer Understanding: A. General Retainer Assumptions and Terms: 1. Retainer will be prepaid on a monthly basis and deemed due upon the 1St of every month. 2. Monthly Retainer - $7,650/month III. Expenses Out of pocket expenses directly incurred in association with performing the services as outlined above will be submitted to the City for reimbursement. Expenses are anticipated to include, but are not limited to: luncheon/meetings costs for attendance at approved meetings/sessions (i.e. BVEP, State Economic Meetings, etc), and tradeshows. As directed, approval will be obtained from the City prior to incurring expenses. 2 0 November 14, 2008 MERIDIAN CITY COUNCIL MEETING • November 18, 2008 APPLICANT ITEM NO. 4-A REQUEST Meridian Valley Animal Shelter 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff I,q#: Materials presented at public meetings shall b�rome of the Cly of Meridian. • is • y � f {7 , r kv ;p A9 RD �. •'eD ell,O rA - �• rn ow A� r�i tD, O owrA' - :r► CE „p - pow .v, .A p - - I� ... �.rA (IQ <D r �`� G' � `-r+ p "C O 4Q rA n IQ A od ow - _ =Nam 9 rn 00 CD CDI CSD CD CD, CD e _ . CD c� CD CD r+ (RD a Pop,- �..,► o 0 0-�0 0 0 0 0 0 0 �•. moo gip. elf, Iw Q rD -01 _ � w �` " � �, - �. e�f �� O, ems•,►. OC• tD tsbowp ts aw co O C y rA r3+ .. ►Q Ce' n TQ O ►'� rA09 p n. "O 2ow per.- p iCD/1 ' d ol eb - _Q. CD ~�CD p ►p+� CD CCD x - CD . CD ¢' CDCD 0 SCD O F. ] • 04) CD vi CD �C M�■r ICD CD O CD C3' CD O CD CDIID U,• CD CSD ren ren N - CD CDQ..j arnCD - �+CD CD O O CD CD '.CD O CL CD C CD CD 0 P *I *I is 06� dz 11„ .s r 0 r a *I *I is on OR CD ro CD °C (D• (D O ° OoCL CD cr CD CD CD 0O (D n CD CCD ,��. N ' ,�� O CD vi �.... �, to b CD �. p- �• O p O CD CD �., CL •� o CD •CDmCD• CD CD CD • p o Chu CDC CD `° UQ z p '- CD �3A. n � CD - CD CD CD �'' � • � CD CD kph C CD CD CD `C O O �3°' rte-►, °CD � CD 0 , 0 i C� November 14, 2008 MERIDIAN CITY COUNCIL MEETING • November 18, 2008 APPLICANT ITEM NO. 4-B REQUEST Connecting Idaho Partners Presentation Regarding Ten Mile Interchange Project 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. . • Page 1 of 1 Tara Green From: Matthew Ellsworth Sent: Thursday, November 13, 2008 3:49 PM To: Tara Green Cc: C. Caleb Hood; Robert Simison Subject: RE: Agenda Follow Up Flag: Follow up Flag Status: Green Attachments: TenMile_Recommendation.doc Thanks Tara — A supporting memo for item 4.6 (Connecting Idaho Partners Presentation — Ten Mile Interchange) is attached. Matt Ellsworth Associate City Planner Meridian Planning Department 33 E. Broadway Ave. Meridian, ID 83642 208.884.5533 From: Tara Green Sent: Thursday, November 13, 2008 2:02 PM To: Matthew Ellsworth Cc: Machelle Hill Subject: RE: Agenda Yeah it's a workshop. From: Matthew Ellsworth Sent: Thursday, November 13, 2008 2:01 PM To: Tara Green Cc: Machelle Hill Subject: Agenda Hi guys, Do you have a draft agenda for Tuesday night? Matt Ellsworth Associate City Planner Meridian Planning Department 33 E. Broadway Ave. Meridian, ID 83642 208.884.5533 11/14/2008 CJ November 18, 2008 TO: Mayor de Weerd and City Council Members FROM: Transportation Task Force RE: Ten Mile Interchange Construction • At the November 6, 2008 Transportation Task Force meeting, representatives from the Connecting Idaho Partners (CII') gave an update on the Ten Mile Interchange project. They indicated that the project is on track and scheduled to proceed to bid this spring. Before the project goes to bid, the team has to determine the best approach to construction. Two options are currently under consideration: 1. Close Ten Mile Road from Franklin to Overland during construction. This option would cut costs and considerably decrease the overall time needed to construct the interchange and related interstate improvements. CIP estimates that time savings could be upward of one year from start of construction. 2. Construct the Interchange without closing Ten Mile Road. This option would lessen the inconvenience for motorists traveling in the area. CIP indicated that, prior to moving forward, they will discuss this issue with City Council to determine which approach the City prefers. The Transportation Task Force submits the following recommendation to Council for consideration in finalizing the City's position: Based on information presented to the Committee on November 6, 20081, the Task Force recommends that City Council support the closure of Ten Mile Road from Franklin Road to Overland Road during construction of the Ten Mile Interchange. Although a full closure will increase the degree of inconvenience for motorists who must travel in the area, the unfortunate reality is that these motorists will be inconvenienced regardless, and shortening the duration of that inconvenience to complete the project quickly rather than draw it out seems the most appropriate course of action. Encouraging timely completion is also consistent with past input from the City that Ten Mile Interchange is long overdue to provide relief to other interchanges in West Ada County. These reasons, coupled with the estimated cost savings associated with a full closure of Ten Mile Road, led the TTF to this recommendation. This recommendation is conditioned on (1) completion of Phase 1 of the Downtown Split Corridor prior to closing Ten Mile Road, (2) completion of overpass reconstructions at Robinson Road and Black Cat Road, and (3) the formation of a response plan that adequately serves the needs of fire, police, and other first responders. An additional project that will require construction coordination is the intersection of Ten Mile and Amity, which is currently programmed for construction in 2011. 'According to CIP, COMPASS will perform traffic model runs to gauge the impacts of closing Ten Mile Road on the broader network. This recommendation assumes that subsequent analysis identifies no fatal flaws or excessive negative impacts with the proposed roadway closure. -0- 0 ve Noll is Accelerated Constructio26o8 � Connecting Idaho Partners is developing a proposal to accelerate the overall construction of the new Ten Mile Interchange by removing the existing Ten Mile Road overpass. This option will reduce the overall construction timeline approximately one year. INTER C H A N BE 1�, �r�rrrr ROAD Cherry Lane +2% Ln +11% +11% 0 C + 0 Franklin Rd. 0 o -8% 0 0 ,� -13% 1-84 +7% +1% +8% Nampa Ta`i = > m +10% 0 0 0 O Ln + + + Victory Rd. +17% Interchange +25% 0 0 O O t + Amity Rd. + a U U +1% I-84 Boise—► 73% U U f0 -26% m 0 0 Estimated Percent Increase or Decrease in Traffic in Relation to Existing Traffic Volumes Due to Removal of Ten Mile Overpass (Based on COMPASS Modeling) NORTH -o c �o Ei +8% +2% +10% +2% +25% Ln +11% +12% C 0 0 0 o a 0 0 ,� + + N +7% + +8% +12% Ta`i = > m +10% New V 0 + Interchange Location �' + + +1% I-84 Boise—► 73% Overland Rd. -26% -14% -70% -34% 18% 0 0 'vt O� 0 0 u1 + + + } +25% +19% +11% +12% 0 0 0 o a 0 0 ,� + + N + + 0 0 ac ac � Cr 0 Ta`i = > m O o + C J N V 0 J 0 November 14, 2008 MERIDIAN CITY COUNCIL MEETING November 18, 2008 APPLICANT ITEM NO. 4-C REQUEST Ten Mile Interchange Landscaping and Public Art 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. I 82WAU V) W 0 z IE ut Nvlhal ulN t�SVV fL y Ud�� g< , W LL <l o U t� Ot, LLJ Z _ s g a_ • U w c0 U L Q cu V 0 0 �9 �1 U 0 0 City of Meridian Ten Mile Interchange Option Takeoff Middle Option ServiceCost Cost per per Number Total Services Cost Service Services 42 $ Cost Police Interchange $ 115 52 $ 5,980 Mow, Edge $ 950 2 $ 1,900 Bed Weed Control $ 1,320 2 $ $ - 2,640 Fertilize & Weed Control Turf $ 200 2 $ $ $ - - 400 Pruning $ 6,750 2 $ 13,500 Billbug Prevention $ 200 1 $ $ - 200 Fertilize Plant Beds $ 200 1 $ $ - 200 Total Year $ 24,820 Showcase Option Service Cost per Cost per Number Total Services Cost Service Services 42 $ Cost Police Interchange $ 115 52 $ 5,980 Mow, Edge $ 900 6 $ 5,400 Bed Weed Control $ 1,320 2 $ $ - 2,640 Fertilize & Weed Control Turf $ 200 3 $ $ $ - - 600 Pruning $ 6,000 3 $ 18,000 Billbug Prevention $ 200 1 $ $ - 200 Fertilize Plant Beds $ 200 2 $ $ - 400 Total Year $ 33,220 Bare Bones Option Service Cost per Number Total Service Services Cost Police Interchange $ 135 42 $ 5,670 Mow, Edge $ 1,250 1 $ 1,250 Bed Weed Control $ 1,700 $ 1 $ - 1,700 Fertilize & $ - E 11/17/2008 • Weed Control Turf $ 200 $ 1 $ _ 200 Pruning $ 8,000 1 $ 8,000 Billbug Prevention $ 200 $ 1 $ _ 200 Fertilize $ _ Total Year $ 17,020 C1 11/15/2008 Needs and Not Needed: 1. Few insect problems, aphids primarily, some spider mite concerns due to reflected and stored heat. This could be serviced on an `as needed' basis and not be part of an annual contract. 2. One in the fall, maybe a second in the spring fertilization per year for the landscape plantings. 3. Two pruning services per year: the first in June after primary growth flush and flowering period, the second in October/November to tighten plantings and clean up perennials 4. Ornamental grasses could be cut back during spring clean up 5. Weekly trash pick up 6. Spring clean up in March, fall clean up in November, fall cleanup could be included in November pruning; clean ups not needed with weekly police. 7. No leaf cleanup to worry about initially; can be done with fall pruning. 8. Preemergent broadleaf weed and grassy weed control twice per year, March and September. Control of escaped weeds by spot treatment or pulling incorporated into weekly trash pick up. 9. Fescue grass should be mowed twice a season; May -June and September -October. 10. Can get a better appearance with 5-6 monthly mowing May through October. 11. Blanket broadleaf weed control for the fescue areas will be needed twice a year, spring and fall. 12. The fescue will need fertilization twice a year, spring and fall. 13. On occasion billbug infestation becomes a problem on fescue stands. Initial preventative treatment is not necessary but stand should be monitored in future years for billbug. 14. Cutouts for islands will allow for maintenance activities without disrupting traffic for all normal maintenance activities except pruning. • November 14, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUESTI Report for the New City Hall E November 18, 2008 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: Q CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: C CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ITEM NO. S-A Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. s w s �•, lb,'�l>` MONTHLY 60VEMBE JWA �Irl E IDIAN- 5 RECEIVED NOV 1 6) 2006 Meridian Citv Hall Monthly Report November, 2008 Table of Contents: ' Section 1 Section 2 Section 3 Section 4 ' Section 5 Section 6 Executive Summary Schedule LEED Financial Punch List Photos 11 0 EXECUTIVE SUMMARY SCHEDULE: o Project was completed and turned over to the City of Meridian on October 15, 2008 as per the Master Schedule. (This was 5 weeks ahead of the contractual completion date of November 21, 2008.) LEED: o Idaho Power rebate for energy efficiency is $100,000. o Project is scheduled for Silver LEED's accreditation. o Targeted points are 36 points out of a range of 33-38 for Silver. o Changes this month are loss of 1 point for regional materials and a gain of 1 point for outdoor air delivery monitoring. FINANCIAL: o The project budget remains unchanged at $20.42 million. (This does not include the Phase V East Parking Lot.) PUNCH LIST: o There is a total of 22 punch list items remaining to be completed. 0 SCHEDULE • Project was completed and turned over to the City of Meridian on October 15, 2008 as per the Master Schedule. (This was 5 weeks ahead of the contractual completion date of November 21, 2008.) Mperidia takes possession of its brand-new City Hall. .......... Mateo-, 1 Aug 1 1 1 1 #' �f From tfft, Keith Watts, Robert Simison (hidden), Bill Nary, Keith Bird (hidden), Mayor ' Tammy de Weerd, Steve Siddoway, Jerry Frank and Gene Bennett. Petra owner Frank is handing over the key to the new City Hail to Mayor de Weerd at a special ceremony held October 15th, prior 1 to aw .actual move -ire scheduled for Monday, October 211th. I1' II II II E LEED Update 11-18-2008 • Point Overview ' o 36 Points Attempting o 4 Additional Possible Points o 23 Points Unattainable • Building Commissioning o HEERY has completed the performance testing for the building. o On site training with HEERY and the City of Meridian has been in process for the last three weeks and will complete on November 25. • Idaho Power Rebate o The Idaho Power rebate is $100,000 ' • Material Recycling — Materials and Resource Credit 2.1 & 2.2 o Dumpster Update — List of recycled items to date. 1 Material No. of Approx Yards Approx Yards To ' Type General CapaClty (in Cubic Yards) Dumps Recycled Landfill Trash 30 8 240 Sheetrock 30 9 270 ' Wood 10 37 370 Cardboard 10 21 210 Plastic 10 5 50 ' Metal 20 10 200 Acc. Tile 10 4 40 Pallets 10 1 53 ' Totals 1193 240 To Date: 1433 cubic yards sent out, 1193 sent to recycling. Currently 83.3% Diverted from Landfill. LEED for New Construction v2.2 Registered Project Checklist ' Project Name: Meridian City Hall Revision Date 10-1-2008 Project Address: 33 E. Broadway ustainable Sites 14 Points *Now for EAet: All LEED for New Construction projects registered after June 26". 2007 are required to achieve at least two (2) points under EAct. Prereq 1 credit 1 Construction Activity Pollution Prevention Site Selection Required Petra 1 Owner/Architect 1 1 credit 2 Development Density & Community Connectivity 1 Owner/Architect 1 Credit 3 Brownfield Redevelopment i Petra/Architect 9 credit 4.1 Alternative Transportation, Public Transportation Access i Architect 1 credit 42 Alternative Transportation, Bicycle Storage & Changing Rooms 1 Architect 1 Credit 4.3 Alternative Transportation, Low -Emitting & Fuel -Efficient Vehicles 1 Architect 1 1 Credft 4.4 Alternative Transportation, Parking Capacity 1 Architect I Credit 5.1 Site Development, Protect or Restore Habitat 1 Civil Engineer 9 Credit 5.2 Site Development, Maximize Open Space 1 Civil Engineer 1 credit 6.1 Stormwater Design, Quantity Control 1 Architect 1 Credit 6.2 Stormwater Design, Quality Control 1 Civil Engineer Credit 7.1 Heat Island Effect, Non -Roof 1 Landscape Architect 1 Credit 7.2 Heat Island Effect, Roof 1 Architect 42% New Buildings or 35% Existing Building Renovations Credit 8 Light Pollution Reduction 1 Electrical Engineer Yes ? No 121 1 3 1 to 3 Mechanical Engineer - - -. 1 Credit 1.1 Water Efficient Landscaping, Reduce by 50% 1 Landscape Engineer 1 Credit 12 Water Efficient Landscaping, No Potable Use or No Irrigation 1 Landscape Engineer 1 Credit 2 Innovative Wastewater Technologies i Mechanical Engineer 1 Credit 3.1 Water Use Reduction, 20% Reduction 1 Mechanical Engineer 9 credit 3.2 Water Use Reduction, 30% Reduction 1 Mechanical Engineer MUM]— Credit s - 17 Points Prereq 1 Fundamental Commissioning of the Building Energy Systems Required Heery International Prereq 2 Minimum Energy Performance Required Electrical Engineer Prereq 3 Fundamental Refrigerant Management Required Mechanical Engineer *Now for EAet: All LEED for New Construction projects registered after June 26". 2007 are required to achieve at least two (2) points under EAct. ®Credit 1 O 'mize Energy Performance 1 to io Mechanical Engineer 10.5% New Buildings or 3.5% Existing Building Renovations 1 14% New Buildings or 70/6 Existing Building Renovations 2 17.5% New Buildings or 10.50/6 Existing Building Renovations 3 4 21% New Buildings or 14% Existing Building Renovations 4 24.5% New Buildings or 17.5% Existing Building Renovations 5 28% New Buildings or 21 % Existing Building Renovations 6 New Buildings or 24.5% Existing Building Renovations 7 35% New Buildings or 28% Existing Building Renovations 8 N31.5% 38.5% New Buildings or 31.5% Existing Building Renovations g 42% New Buildings or 35% Existing Building Renovations 10 Credit 2 On -Site Renewable Energy 1 to 3 Mechanical Engineer 2.5% Renewable Energy 1 7.5% Renewable Energy 2 12.5% Renewable Energy 3 1 credR3 Enhanced Commissioning 1 Heery International 1 Credit 4 Enhanced Refrigerant Management 1 Mechanical Engineer b 1Credft5 Measurement & Verification 1 Mechanical Engineer a Credit s Green Power 1 Owner continued... Yes ? No 0 0 T Prereq 1 Storage & Collection of Recyclables Required Owner Environmental Tobacco Smoke (ETS) Control 1 Credit 1.1 Building Reuse, Maintain 75% of Existing Walls, Floors & Roof i Architect/Petra Credit 2 9 Credit 1.2 Building Reuse, Maintain 95% of Existing Walls, Floors & Roof 1 Architect/Petra 1 Petra `I Credit 1.3 Building Reuse, Maintain 50% of Interior Non -Structural Elements 1 Architect/Petra 1 1 Architect Credit 2.1 Construction Waste Management, Divert 50% from Disposal 1 Petra 1 Low -Emitting Materials, Carpet Systems Credit 2.2 Construction Waste Management, Divert 75% from Disposal 1 Petra 1 Architect `I Credit 3.1 Materials Reuse, 5% 1 Architect/Petra Controllability of Systems, Lighting 1 ICredft 3.2 Materials Reuse, 10% 1 Architect/Petra 1 1 jCredft4.1 Recycled Content, 10% (post -consumer + 1/2 pre -consumer) 1 Petra 1 Credit 6.1 Credit 4.2 Recycled Content, 20% (post -consumer + 1/2 pre -consumer) 1 Petra 1 1 Architect Credit 5.1 Regional Materials, 10% Extracted, Processed & Manufactured Regioi 1 Petra 1 Credit 52 Regional Materials, 20% Extracted, Processed & Manufactured Regioi 1 Petra 1 Credft 6 Rapidly Renewable Materials 1 Petra 1 Credit 7 Certified Wood i Petra Yes ? No 11 1 3 •.• . - _ .. Prereq 1 Minimum IAQ Performance Required Mechanical Engineer Prereq 2 Environmental Tobacco Smoke (ETS) Control Required Owner Credft 1 Outdoor Air Delivery Monitoring 1 Mechanical Engineer Credit 2 Increased Ventilation 1 Mechanical Engineer Credft 3.1 Construction IAO Management Plan, During Construction 1 Petra Credit 32 Construction IAQ Management Plan, Before Occupancy 1 Petra Credit 4.1 Low -Emitting Materials, Adhesives & Sealants 1 Architect Credft 4.2 Low -Emitting Materials, Paints & Coatings 1 Architect Credit 4.3 Low -Emitting Materials, Carpet Systems 1 Architect Credit 4.4 Low -Emitting Materials, Composite Wood & Agrifiber Products 1 Architect Credit 5 Indoor Chemical & Pollutant Source Control 1 Architect Credit 6.1 Controllability of Systems, Lighting 1 Electrical Engineer Credit 6.2 Controllability of Systems, Thermal Comfort 1 Mechanical Engineer Credit 7.1 Thermal Comfort, Design 1 Mechanical Engineer Credit 7.2 Thermal Comfort, Verification 1 Mechanical Engineer Credit 6.1 Daylight & Views, Daylight 75% of Spaces 1 Architect Credit 6.2 Daylight & Views, Views for 90% of Spaces 1 Architect Yes ? No 1 Credit 1.1 Innovation in Design: Informational Flyer 1 Owner/Petra 1 Credit 12 Innovation in Design: Water Efficency 40 % over Standard 1 Mechanical Engineer 1 Credit 1.3 Innovation in Design: Carpet Materials, 1.25% 1 Petra 1 Credit 1.4 Innovation in Design: Underfloor Plenum System Efficiency 1 Petra 1 Credit2 LEED®Accredited Professional 1 Architect Yes ? No E3nMj Project. • Certified: 26-32 points, Silver: 33-38 points, Gold: 39-51 points, Platinum: 52-69 points 0 - Meridian City Hell E - Meridian, Idaho aeanc. coxreeacons October 31, 2008 0 IDIAN�- IDAH INCLUDED IN BUDGETS Current Budget September 30, 2008 1 2 3 PhM I Demolition 4 --BuRdlim Creamy Demolition & Abatement ��' 357 5 6 Total Phase 1- Building Demolition & Abatement 5426,357 7 e MM 11- Coo & Shell 9 Sitework & Utilities Does not incl Cord Soil -see Line 88 $473,527 10 Structural concrete 19" 11 Mason $1,558,72 12 Structural Steel $1' 4855 13 Rough Ca $0 14 Insulation & Da roofin $691M 15 16 Roofing & Sheetmetal Exterior Doors Does not include Ph 4 Doors & S $184,370 $6,923 17 Storefronts & Curtainwall $299,198 18 19 Shaftwall Framing& Drywall Elevator x'477 $228'478 20 Total Phase II - Core & Shell $5' 868 21 22 P 111- TWEP 23 24 Architectural Metalworks Carpentry -Framing, Bacldng 3 $95'980 $112,000 25 Cabinetry & Casework $468,742 26 Insulation & Darripproofing Incld in Ph 2 - Sealco $22,388 27 28 Interior Doors Interior Storefront $303,308 $96,749 29 CoilingOverhead Doors/Screens $5,590 30 31 Interior G mD I ems Ceramic Tile $1,063,160 $116 992 32 Resilient Flooring& Ca $192'012 33 34 Paint & Wallcoverin Specialties $179 238 $107,195 35 Operable Partitions $20'840 36 Access $ 37 -Flooring Window Coverings$22,600 38 Fre Suppression Systems $441'168 39 Plumbing $980'670 40 HVAC $2,111,775 41 Electrical $2'854'M 42 Total Phase III - TIIMEP $9723,491 43 44 FF& Demountable Walls ons to $1.163 Million $0 6 Audio Visual S Telecommunication ems $209,5157 $199'6771 V4419 8 Secu S ems 95,36095,360 Phone Service & Equipment Provider Owner - 0 Interior Signage Padcage Allowance 42'954 51 Final Cleaning 15,438 82 Total FF&E '944 53 54 P - Plw3L Landsceolno & Site Improvements 55 Sitework, Utilities & HMAC Pavin Water Feature $338,00056 $' 57 58 Concrete Unit Pavers Landscaping $85'130 $2W 58 Structural & Concrete Paving Concrete $305,097 60 Masonry $200,883 61 Steel Fabrications $B5' 62 63 64 Carpentry, Bldg Insulation & DrAvall Rooti & Flashing$10,495 Doors, Frames & Hardware / Specialties Incld in Ph 2 - 7 $8'400 $46.308 H:\Construction\Projects\2006\TomWleridian City Ha111Budgets\Budget History & Projections 103108 0 • 65 Moisture Protection & Waterproofing $3,028 66 Painting $11,400 67 Mechanical $29,064 68 Electrical $398,401 69 Fence - UPRR $18,934 70 Total Phase IV - Plaza, Landscaping in & Site Improvements - Total $1,973,610 71 72Parldno Lot 73 74 Total Phase V - East Paridn Lot $0 Pending 75 76 Cienerall Conditions A -Fees 77 Profed Reimbursable Cost Allowances $'279,812 78 Phase II General Conditions $181,029 79 Phase III General Conditions $181,029 80 Constriction Conlin—en Balance $365,312 81 Winter Conditions Costs Incld in Conti en 82 Estimated LEED Certification Costs for Silver $205,000 83 Estimated Value Engineering Allowance 84 Contract CM Fee 85 CM Fee Pends Change Order Change in Scope& Complexity 86 Total General Conditions & Fee 87 E$20,647,460 88 Total Project Direct Costs 89 90 ect She CAB"91 Contaminated Soils Removal 92 CM Fee for Contaminated Soils $52,502 93 Unsuitable Soils Removal and Structural Fill for Contm & Unsuii $a79.526 94 Total Pro ect Site Costs $925,618 95 96 Building Construction Budget w/Site Development Costs $21,773,078 97 loss Creamery Demolition & Abatement '26,357 98 Less Contaminated and Unsuitable Soils Removal 12EL618 99 Current Building Construction Budget $20,421,103 t t t 1 H:\Construction\Projects\2006\Tom\Meddian City Hali\Budgets\Budget History & Projections 103106 • MERIDIAN CITY HALL CONTINGENCY ALLOCATION 11/14/08 Cost & Project Allocation Summary I(Contingency Amount Contingency Amount Contingency Allocation per 11/13/07 Budget $ 700,000.00 Phase 4 Plaza - Allocation of balance of Plaza budget $ 342,372.00 Current Balance $ 1,042,372.00 Job Condition / Winter Conditions / Inclement Weather Costs billed to dated thru Oct 08 Billing Contract Budget Allocations Interior Signage Package Overage - Advanced Sign Final Cleaning Budget - ABM Janitorial UPRR Fence - Anvil Fence Approved Change Orders - Phase 2.3 & 4 thru 11/10/08 CO's Approved in Oct 08 & Nov 08- 30 Phase 2 - Shell CO#01 ABS (07) Ph 2 CO#02 ABS (07) Ph 2 (Ph4 Plaza Drs & Spec) CO#03 ABS (07) Ph 2 CO#01 Custom Glass (09) Ph 2 CO#02 Custom Glass (09) Ph 2 CO#01 MJ's Backhoe (03) Ph 2 - Bldg Portion Only CO#02 MJ's Backhoe (03) Ph 2 CO#03 MJ's Backhoe (03) Ph 2 CO#01 Rule Steel (06) Ph 2 - CO#01 Schindler Elevator (11) Ph 2 CO#02 Schindler Elevator (11) Ph 2 CO#01 Sealco (12) Ph 2 CO#02 Sealco (12) Ph 2 CO#01 Sidewalks (04) Ph 2 CO#02 Sidewalks (04) Ph 2 CO#03 Sidewalks (04) Ph 2 CO#04 Sidewalks (04) Ph 2 CO#05 Sidewalks (04) Ph 2 CO#01 TMC (05) Ph 2 CO#02 TMC (05) Ph 2 CO#03 TMC (05) Ph 2 CO#01 Western Roofing (10) Ph 2 Phase 3 - Tenant Improvements & MEP CO#01 Buss Mech (32) Ph 3 CO#02 Buss Mech (32) Ph 3 CO#03 Buss Mech (32) Ph 3 Page 1 of 3 $ 226,388.97 1 $ $ 17,954.00 $ 13,900.00 $ 18,934.00 $ 50,788.00 $ (897.00) 36,220.00 10,088.00 2,137.00 1,740.00 (216,744.20) 44,753.00 35,204.00 35,766.00 1,600.00 2,776.00 22,388.00 2,750.00 137,108.00 4,371.00 23,550.00 64,519.57 3,800.00 (32,348.00) 324.00 5,989.71 1,380.00 186,475.08 4,922.00 12,295.00 10,068.00 815,983.03 765,195.03 Pending City Confirm • MERIDIAN CITY HALL CONTINGENCY ALLOCATION Cost & Project Allocation Summary 0 11/14/08 Contingency Amount CO#04 Buss Mech (32) Ph 3 CO#05 Buss Mech (32) Ph 3 $ 19,784.00 CO#01 Custom Glass (21) Ph 3 $ 8,287.00 CO#02 Custom Glass (21) Ph 3 $ 7,665.30 CO#01 AWC (24) Ph 3 $ 1,968.60 CO#02 AWC (24) Ph 3 $ 10,856.10 CO#03 AWC (24) Ph 3 $ 4,120.00 CO#04 AWC (24) Ph 3 $ 5,597.00 CO#01 Designer Flrs (25) Ph 3 $ 4,061.00 C0#02 Designer Firs (25) Ph 3 $ 365.00 CO#01 SBI (27) Ph 3 $ 545.00 CO#02 SBI (27) Ph 3 $ (5,000.00) CO#03 SBI (27) Ph 3 $ 1,285.00 C0#104 SBI (27) Ph 3 $ 200.00 CO#01 Commercial Paint (28) Ph 3 $ 22,185.00 CO#02 Commercial Paint (28) Ph 3 $ 773.00 CO#03 Commercial Paint (28) Ph 3 $ 2,780.00 C0#04 Commercial Paint (28) Ph 3 $ 2,025.00 CO#05 Commercial Paint (28) Ph 3 CO#01 SimplexGrinnell (31) Ph 3 $ 2,917.98 CO#02 SimplexGrinnell (31) Ph 3 $ 19,499.28 CO#03 SimplexGrinnell (31) Ph 3 $ 2,136.26 C0#04 SimplexGrinnell (31) Ph 3 $ 3,735.00 CO#01 Hobson Fab (33) Ph 3 $ 1,335.00 CO#02 Hobson Fab (33) Ph 3 $ 9,941.00 CO#03 Hobson Fab (33) Ph 3 $ 40,499.00 CO#01 Tri-State Elec(34) Ph 3 $ (6,064.75) CO#02 Tri-State Elec(34) Ph 3 $ 12,059.26 CO#03 Tri-State Elec(34) Ph 3 $ 72,723.24 CO#04 Tri-State Elec(34) Ph 3 $ 25,671.00 C0#01 Suncrest/B&B (17) Ph 3 $ $ 267.75 2,677.38 CO#02 Suncrest/B&B (17) Ph 3 $ 17,085.05 CO#03 Suncrest/B&B (17) Ph 3 $ 2,685.00 CO#04 Suncrest/B&B (17) Ph 3 $ (5,479.66) CO#01 ID Custom Wood (19) Ph 3 $ 5,541.86 CO#02 ID Custom Wood (19) Ph 3 CO#03 ID Custom Wood (19) Ph 3 $ 495.00 CO#04 ID Custom Wood (19) Ph 3 $ 4,185.00 CO#01 Schmacher (26) Ph 3 $ 6,039.00 CO#01 ABS (22) Ph 3 $ $ 7,952.00 5,420.00 CO#02 ABS (22) Ph 3 $ 6,122.00 CO#03 ABS (22) Ph 3 $ 5,303.00 CO#04 ABS (22) Ph 3 $ 1,281.00 C0#06 ABS (22) Ph 3 CO#01 Integrated Interiors (35) Ph 3 $ 10,700.00 C0#01 PreCom (36) Ph 3 $ (29,687.37) CO#02 PreCom (36) Ph 3 $ $ 3,470.96 6,630.00 C0#03 PreCom (36) Ph 3 Page 2 of 3 0 MERIDIAN CITY HALL CONTINGENCY ALLOCATION Cost & Project Allocation Summary CO#01 Aatronics (37) Ph 3 $ 4,527.86 C0#02 Aatronics (37) Ph 3 $ 608.00 CO#01 Apex (38) Ph 3 $ 7,120.00 CO#02 Apex (38) Ph 3 $ 3,545.00 365,723. Phase 4 - Plaza CO#01 Sunshine Landscaping (40) Ph 4 $ 665.00 CO#01 Alpha Masonry (41) Ph 4 $ 6,398.00 CO#01 KB Welding (44) Ph 4 $ (44,764.00) CO#01 MR Miller (49) Ph 4 $ 23,015.00 CO#02 MR Miller (49) Ph 4 $ (7,250.00) CO#01 Axelsen Concrete (48) Ph 4 CO#02 Axelsen Concrete (48) Ph 4 $ 8,897.00 CO#01 Cobblestone (56) Ph 4 $ 9,668.00 $ (3,371.00) Adjustment for SealCo CO#02 - Amt already included $ (22,388.00) as Ph 3 budget 11114!08 Contingency Amount TOTAL - Approved Change Orders 74 $ 526,439.18 $ 238,755.85 Change Orders Pending Approval - 22 $ 95,682.00 $ 143,073.85 CO's Pending City Action 13 CO's Pending Contractor Action 4 CO's Pending A/E Approval 5 CONTINGENCY AMOUNT - BALANCE REMAINING is 143,073.85 Projected Future Allocations Winter Conditions/Job Conditions $ 10,000.00 Estimated Amount of Outstanding Pricing Pending CO $ 114,000.00 $ 124,000.00 Projected Uncommitted Contingency Amount Is 19,073.85 Page 3 of 3 11 11 II 11 1 P 1 t 1-1 1 MERIDIAN CITY HALL - WISH LIST 11/17/08 Item Description Construction Cost Status Approved 1 Wireless microphones in Multipurpose Rm 154 - WA Pending City Direction - Not considered for Construction Budget 10/29/08 2 Emergency Power @ Com Rooms Est Construction Cost $ 38,000 Pending City Direction - 10/11/08 Est Total Budget $50,000.00 3 Plaza Light Color & Wattage $ 19,871 Pending City Decision 11 /10 Change from White (MH) to Yellow (HPS) 4 Heated Water in Entry Pools TBD Pending Research / Pricing 5 Card Swipes @ Mailroom Doors 127 & 128 $ 3,154 Hold pending city decision on mail Apex quote 10/30/08 handling procedure 6 ASI 160 Roof Top Lights $ 4,308 Pending City Direction -10/28 7 ASI 161 Skate Stopppers $ 2,340 Pending count & Direction Estimate $45/ea installed - est 52 ea Estimated 8 Irrigation Controller Site Sat Board for Wireless Control $ 1,969 Pending City direction 9 ASI 159 Signage Revisions Pending ASI Issue 10 HVAC Floor Vent Relocations $ 15,000 Estimated 10/30 11 Trellis Lights - Reduce qty from 9 to 3. TBD Proceed per 11/10 12 Inground boxes for plaza power receptacles TBD Pending City Review -10/30 13 Power receptacles @ Entry pool planters $ 700 Pending City Decision -10/30 2 @ $350 14 Signage - Budget $3,000 City Request Name Plate Holders for Doors Est - 40 Loc X $20ea + $285 Inst = $ 1,085 Cubicle Name Plates Est - ?? Loc's X $20ea $ 88.342 $ - Page 1 of 1 11 1 t m m V O o m M m a O m M o 0 0 0 0 m 0 co 0 9 m 0 co 0 9 co 0 9 co 0 9 co 0 w 0 co 0 ao 0 m .o a a �i CO r E E �. 0 E m O r r O O N E m N 1 N N N O N O N O r o r V Di U U 0 N T N \ m U m N T U r T T _ r r r m (`� T r r T r r r T m O V r Q Q r Q T r r r p r a p T T T r r r p (P-14 .Y.♦ V cm C m IF '01� Y! VJ Y! 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I i i ^Y i Ii,i„Il,Ih hide, �� I a, Ii,i„Il,Ih hide, �� I i AF YYf 1 t O 0 0 0 November 14, 2008 MERIDIAN CITY COUNCIL MEETING November 18, 2008 APPLICANT ITEM NO. REQUEST Budget Amendment for Specialty / Work Assignment Pa for $36,205 for P61ice AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 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CL5 kE=§�® ® CD *— §�iD ga "N § 0 C CC E0--., a -r- = m _ C(D w f /2 2! q. k \%/0- CDn'a hM CD 0 CL oCL co ee§. § _\/$� k °° m_�a n a E $ ■ ƒCD -DO •m £ k § i C $ E¥m■° D cn /CD 10 CDM &/)$ 0k\k Ear n. kEq.. CDf®� &$ ) M . § : B.: � 2 _n � 11 November 14,2W8 MERIDIAN CITY COUNCIL MEETING APPLICANT • November 18, 2008 ITEM NO. S -C REQUEST Recommendation of Consistent Speed Limit AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: e MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 0 Page 1 of 1 Tara Green From: Jaycee Holman Sent: Wednesday, November 05, 2008 7:13 PM To: Tara Green Subject: FW: Nov. 18 Traffic Safety Meeting Follow Up Flag: Follow up Flag Status: Green From: Robert Simison Sent: Wednesday, November 05, 2008 6:10 PM To: Bill Nary; Jaycee Holman Cc: Matthew Ellsworth; Tammy de Weerd Subject: FW: Nov. 18 Traffic Safety Meeting For the workshop on the 18th, we will want to have a discussion of the recommendations from Traffic Safety regarding speed limit postings in the City of Meridian. Traffic Safety will meet that day and have it presented to Council that night. From: Matthew Ellsworth Sent: Wednesday, November 05, 2008 6:05 PM To: Jean Moore Cc: Robert Simison; C. Caleb Hood; Scott Colaianni Subject: Nov. 18 Traffic Safety Meeting Jean, In order to work within ACHD's schedule it looks like the speed limits discussion from last month will likely have to go to Council at the workshop on November 18th (i.e. a few hours after the Traffic Safety meeting). When you send the agenda for the 18th can you please ask members to come prepared to make specific recommendations for Council to consider later that evening? Thanks, Matt Ellsworth Associate City Planner Meridian Planning Department 33 E. Broadway Ave. Meridian, ID 83642 208.884.5533 11/14/2008 r7il Ah November 14, 2008 MERIDIAN CITY COUNCIL MEETING November 18, 2008 APPLICANT ITEM NO. S -D REQUEST Discussion of SWAC Recommendation for Woodbridge HOA 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Date: Phone: JIU11 II 11IIUI5. Materials presented at public meetings shall become property of the City of Meridian. Mayor Tammy de Weerd EN City Council Members: ,,.. Keith Bird Joe Borton IDAHO Charles Rountree David Zaremba November 5, 2008 Community Planning Association of Southwest Idaho Matt Stoll, Executive Director 800 S. Industry Way, Suite 100 Meridian, ID 83642 Dear Mr. Stoll: The City of Meridian (City) and Meridian Development Co past -year to identify an alignment for a future extension of .3rd Streets throuration have ghDowntown e Meridian. Ada County Highway District (ACHD) has been involved throughout the study as a member of the project team. The ACHD Commission and Meridian City Council discussed the study results at a joint meeting on October b, 2008, at which time both bodies agreed upon an alignment for this future roadway extension (Attachment 1). Having jointly identified an alignment for this future roadway extension, and after considering the function that E. 3`d Street may serve within the broader transportation network, the City of Meridian and ACRD would like to further examine the classification of this future roadway. Specifically, the City of Meridian, with support from the ACHD Commission, requests COMPASS to analyze and consider the function of this future roadway to determine if minor arterial status is appropriate for E. 3rd Street from Franklin Road to Fairview Avenue. The City of Meridian and ACHD look forward to working with COMPASS to process this request. Sincerely, Tammy de Weerd Mayor Carol A. McKee ACRD Commission President Planning Department 660 E. Watertower Street, Suite 202, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . wiww.meridiancity.org 0 105 210 420 630 640 O at Selected Alignment N Attachment 1 )k 0 0 November 14, 2008 MERIDIAN CITY COUNCIL MEETING November 18, 2008 APPLICANT ITEM NO. S -G REQUEST Request for the History Center in Meridian City Hall to be Allowed to Occasionaliv Solicit Donations and / or Sell Merchandise Related to Meridian History 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. "I 0 • November 14, 2008 MERIDIAN CITY COUNCIL MEETING November 18, 2008 APPLICANT ITEM NO. S -H REQUEST Recommendation to ITD Regarding Speed on Highway 69 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • November 14, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT 401 November 18, 2008 ITEM NO. 5-1 REQUEST Discussion on Idaho Power Long Term Stability 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Date: Phone: Ll August 8.2008 Dear Community Leaders, Thank you for meeting with us recently to discuss our energy future. Decisions regarding energy are some of the most important we face as a nation and a community. Planning for economic growth, while ensuring future, generations enjoy the same secure and comfortable lifestyles we do today. requires our collective backing and action. We need your support and commitment today to ensure the communities we live. play and work in remain stable and strong. Your wive support is important for securing an electric System that enables economic opportunities and maintains our high quality of life, Demonstrating community support to our legislators and regulators with a letter from you is critical to building an energy future representing out customers, businesses and communities, Please take a moment to document your support in a letter to me emphasizing our common interests. such as: • The rise in electricity demand from consumption and population growth impacts every citizen in every community we represent. • Supporting our growing communities requires improvements in Idaho Dower's electrical delivery system and expansion of its generation capacity. • We. like Idaho Power, are committed to alternative energy and energy efficiency initiatives reducing demand and providing a greener future. However, these measures alone will not ensure reliable and responsible electricity for future generations, • Required changes in new generation, transmission lines and improvements to existing infrastructure mean escalating power prices. • It is time to address these challenges through fair rates supported by the legislature, regulators mid community leaders. Including specific issues significant to you and your community is important. Please submit this correspondence to Idaho Power's Corporate Communication Department. P.O. Box 70. Boise, ID 83707. I thank you for your support and look forward to working with you in the future. Working together ensures our communities' long-term stability and success. Best regards. J. LaMont Keen President and CEO IDACORP, Inc. 1221 W Idaho St, (83702) R0, 840 70 Roi.Iii 83707 0 0 5� August 2008 LaMont Keen Idaho Power Company P.O. Box 70 Boise, Idaho 83707 Nov �8 2008 City °er �f, Dear Mr. Keen, ce The rise in electricity demand from consumption and population growth in the last twenty years dramatically impacts everything we do, from keeping our roads in good condition to ensuring a quality education for our children. As elected community leaders, we work to ensure the communities we serve grow and prosper without sacrifaicing our quality of life. We understand Idaho Power does the same for our citizens and those efforts require capital investment. Supporting our growing communities takes commitment from Idaho Power to improve and expand its generating capacity and electrical delivery system. The businesses, homes, schools and hospitals you power are essential to the economic health and vitality of our cities. Therefore, we urge you to invest in and build our electric system ensuring economic opportunities and a high quality of life for future generations. We applaud your company's alternative energy and energy efficiency initiatives. They help reduce demand for electricity and ensure a greener future for all of us. We are doing our part by actively encouraging participation in these programs, as they decrease the need to build and purchase power, in turn, reducing monthly power bills. A secure energy future requires more than energy efficiency programs. New generation sources, transmission lines and improvements to existing infrastructure are also required. No doubt, these progressive changes mean escalating power prices. We are sensitive to the financial situations of the people we serve; however, we cannot sacrifice a healthy tomorrow and need to invest in the future today. It is time to address these challenges through fair rates supported by the legislature, regulators and community leaders. This kind of cooperation allows Idaho Power to build and grow for future generations of Idaho citizens. A healthy Idaho Power ultimately means lower rates for our citizens. All of us working together to define and build our energy future ensures our communities' long-term stability and success. Best regards, 0 November 14, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Update on Parking Ordinance November 18, 2008 ITEM NO. 6-A 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • November 14, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Discussion on Fitness Facility Policy November 18, 2008 AGENCY COMMENTS ITEM NO. 6-B CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: \ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: ` SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.7 SUBJECT: USE OF THE FITNESS FACILITY IN CITY HALL PURPOSE: The City of Meridian encourages its employees to be fit and healthy. In an effort to support physical fitness the City of Meridian has provided a Fitness Facility within City Hall to allow employees the opportunity to participate in physical activity. The use of the Fitness Facility and participation in physical activity is voluntary and is not mandated or required for the continuing employment of any employee unless specifically required by their job duties and assignment. Physical exercise and activity is not work related for the purpose of worker's compensation. POLICY: Employees are encouraged to participate in active physical activity whenever feasible and, if necessary, with a physician's approval. All City employees have access to the City Hall Fitness Facility. Employees are not authorized to use the Fitness Facility unless they have been trained. Human Resources will maintain the list of employees that have participated in the training sessions. The Fitness Facility is for employee use only. AUTHORITY & RESPONSIBILITY: All full time and part time employees shall have access to the City Hall Fitness Facility. Employees may only use the Fitness Facility if they have been properly trained. Human Resources will maintain the list of employees that have been trained and are approved to use the facility. All proper methods of sanitizing the equipment and using the appropriate hygiene methods for the use of this equipment must be maintained. Failure to do so may be cause to suspend an employee's ability to use the Fitness Facility. All use of the Fitness Facility is voluntary and at the employee's own risk. Safety in using the Fitness Facility is of the utmost importance. November 14, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT 0 November 18, 2008 ITEM NO. 6-C REQUEST Discussion on Recycling Policy AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aftached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: �jA CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: \\ ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.7 SUBJECT: RECYCLING PURPOSE: As a member of the greater community, the City seeks to actively support recycling efforts by City employees. POLICY: The City of Meridian encourages, supports, and actively participates in recycling efforts by all City departments. All employees shall be encouraged to participate in any recycling program that is provided by the City's waste hauler. AUTHORITY & RESPONSIBILITY: All City Departments are encouraged to recycle, rather than discard, any and all materials that are recycled by the City's waste hauler. The City will make all reasonable attempts to provide the means for employees to recycle. Additionally, the City will provide a recycling station in the basement of City Hall for employee use. E November 14, 2008 MERIDIAN CITY COUNCIL MEETING November 18, 2008 APPLICANT ITEM NO. 7-A REQUEST Executive Session per Idaho State Code 67-2345(1)(f)&(d) 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: CITY PARKS DEPT. MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: „c,,, IFUJIUw: Materials presented at public meetings shall become property of the City of Meridian. Phone: