Loading...
HomeMy WebLinkAbout2009-10-27 E IDIANI' ~ AH CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, October 27, 2009 at 7:00 PM Amended Agenda 1. Roll-call Attendance: X David Zaremba X Brad Hoaglun • X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Tim Pusey with Valley Shepherd Church of the Nazarene 4. Adoption of the Agenda: Adopted 5. Consent Agenda: Approved A. September 1, 2009 Pre-Council Meeting Minutes B. September 14, 2009 City Council Special Joint Meeting Minutes C. September 22, 2009 City Council Meeting Minutes D. October 6, 2009 City Council Meeting Minutes • Meridian City Council Meeting Agenda -Tuesday, October 27, 2009 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • E. A reement Between Ada Coun Sheriffs Office and the 9 ty City of Meridian for Records Billing F. Agreement Between Ada County Emergency Medical Services and the City of Meridian for Blood Draw G. Business Associate Agreement Between Ada County Emergency Medical Services and City of Meridian H. Change Order #1 to Original Contract Dated June 24, 2009 for PRV Scada Installation with AME Electric, LLC For a Not to Exceed Amount of $8,079.00 I. Change Order #1 to Original Contract dated June 30, 2009 for City Hall Cameras & Installation with Apex Integrated Security Solutions for a Not to Exceed Amount of $38,160.00 J. Task Order #10095 for McMillan and Locust Grove Intersection Utility Improvements with Civil Survey • Consultants, Inc. for a Not to Exceed Amount of $15,725.00 K. Amendment to Original Contract dated September 25, 2008 for Street Light Maintenance with Berry Electrical Services, Inc. L. Agreement for Equipment/Supplies Procurement Liquid Emulsion Polymer with Weschem, Inc. for a Not To Exceed Amount of $109,340.00 M. Resolution No. 09-694: Adopting an Identity Theft Prevention Program 6. Department Reports: A. Mayor's Office 1. Ordinance No. 09-1432: Updating Membership Requirements and Providing Uniform Organizational Structure for Historic Preservation Commission, Parks & Recreation Commission, Traffic Safety Commission, and Arts Commission Approved r~ LJ Meridian City Council Meeting Agenda -Tuesday, October 27, 2009 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 2. Resolution No. 09-695: Appointing Megan Murphy to Seat 9 of the Parks and Recreation Commission: Approved 3. Resolution No. 09-696: Appointing Miranda Peterson to the Traffic Safety Commission: Approved Void ~od~ ~" P 4. Resolution No. 09-697: Approving Lease Agreement between College of Western Idaho and the City of Meridian for 33 E. Idaho Avenue Motion to move forward with creating the lease 5. Budget Amendment for Meridian Business Day for $6,750.00 : Approve 6. Budget Amendment for State of the City Funds $2,020.00 : Approve 7. Union Pacific Right of Entry Agreement Approve B. Planning Department: • 1. Appeal by Rob Haddock for Waiver of Annexation Application Fee Deny waiver request C. Parks Department 1. Ten Mile Interchange Landscaping Agreement/Update by Steve Siddoway & Wade Christiansen (ITD) Discussed D. Public Works/Purchasing 1. Change Order #2 to Original Contract Dated March 9, 2009 for Well 28 Production Well Construction with McLaren Well Drilling, LLC for a Not To Exceed Amount of $4,375.00 Approve 2. Task Order #0777A for Reclaimed Water Master Planning with HDR Engineering, Inc. for a Not to Exceed Amount of $147,686.00 Approve 7. Items Moved From Consent Agenda: 8. Public Hearings: Meridian City Council Meeting Agenda -Tuesday, October 27, 2009 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Public Hearing: Paramount Elementary School Portable Classroom Appeal Request for reconsideration of the Council's decision on the appeal 6y the Meridian School District of the Planning Director's decision on the architectural and design features of a portable classroom at Paramount Elementary School by City of Meridian - 550 W. Producer Drive Motion to overturn Director's decision B. Public Hearing-VAR 09-004 Ashford Greens Pump House Request for a Variance to UDC 11-3B-7C6 to allow an impervious surface (irrigation pump house) within a street landscape buffer in an R-4 zoning district for Ashford Greens Pump House by Ashford Greens Owners Association -east side of N. Black Cat Road, south of W. Talamore Boulevard & west of N. Waggle Place (Lot 2, Block 19, Ashford Greens Subdivision No. 4) Approved 9. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation) Removed from Agenda • Adjourned at 9:27 p.m. L~ Meridian City Council Meeting Agenda -Tuesday, October 27, 2009 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. i • Meridian City Council Meeting October 27, 2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, October 27, 2009, by President Charlie Rountree. Members Present: President Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Members Absent: Mayor Tammy de Weerd. Others Present: Ted Baird, Jaycee Holman, Anna Canning, Bill Parsons, Warren Stewart, Scott Colaianni, Mark Niemeyer, Keith Watts, Steve Siddoway and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Rountree: Good evening and welcome to the October 27th session of the Meridian City Council. The time is 7:01 p.m. on Tuesday, the 27th. Roll call attendance, please. Item 2: Pledge of Allegiance: Rountree: Tonight we will be led in the pledge of allegiance by Troop 151. Gentlemen, if you would come up front. (Pledge of Allegiance recited.) Rountree: Don't run away here. Don't run away. I'm going to give you a City of Meridian pin. You can add that to where ever you put those things. I don't think you want them on your sash, but in appreciation for being here tonight we enjoy having you folks show up and be part of the city's activity. Thank you. Item 3: Community Invocation by Tim Pusey with Valley Shepherd Church of the Nazarene Rountree: Next we have the community invocation. Please join us with Pastor Tim Pusey or take this as a moment of reflection. Thank you, pastor. Pusey: Let's pray. Heavenly Father, we come before you this evening in behalf of the community of Meridian and we first thank you for your many blessings and your gracious provisions. We thank you for the confidence we have in calling upon you tonight, knowing you're fully aware of each and every person in our community and fully aware of every need. We pray specifically for our City Council and pray that you would bless them as they serve our community in this way and tonight, Father, may they be Meridian City Council • October 27, 2009 Page 2 of 51 blessed with Godly wisdom and discernment as they consider the concerns and needs of our community. We also would pray tonight for the elections that will take place next week, asking, Lord, that you would give to the people of our community wisdom in guiding the right people to serve Meridian in these months and years ahead. Meridian is a community that cares about people, who is responsive to their needs, and it's into your hands that we entrust all these needs, amen. Item 4: Adoption of the Agenda: Rountree: There is some who may be concerned -- we are a few folks short this evening. Two, by the way. We do have a quorum with three Councilmen. With two absent we should be about 40 percent quicker tonight, that might be to your advantage. Next action -- item is the adoption of the agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: On the agenda tonight there are a couple of items. Within the Consent Agenda, which is paragraph five, we need to add an item M and that will be resolution number 09-694, adopting an identity theft prevention program. Under Department Reports, Item 6-A, the Mayor's office, Item one, the ordinance number is 09-1432. Item two the resolution number is 09-695. Item 3, the resolution number is 09-696. Item four, the resolution number is 09-697. And still under the Mayor's office we wish to add an Item 7, which is about the Union Pacific right of entry agreement and I believe those are the only changes. With those amendments I move we adopt the agenda. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the agenda. All in favor aye. Opposed same sign? Motion passes. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. September 1, 2009 Pre-Council Meeting Minutes B. September 14,2009 City Council Special Joint Meeting Minutes C. September 22, 2009 City Council Meeting Minutes D. October 6, 2009 City Council Meeting Minutes E. Agreement Between Ada County Sheriffs Office and the City of Meridian for Records Billing Meridian City Council • October 27, 2009 Page 3 of 51 F. Agreement Between Ada County Emergency Medical Services and the City of Meridian for Blood Draw G. Business Associate Agreement Between Ada County Emergency Medical Services and City of Meridian H. Change Order #1 to Original Contract Dated June 24, 2009 for PRY Scada Installation with AME Electric, LLC For a Not to Exceed Amount of $8,079.00 I. Change Order #1 to Original Contract dated June 30, 2009 for City Hall Cameras & Installation with Apex Integrated Security Solutions for a Not to Exceed Amount of $38,160.00 J. Task Order #10095 for McMillan and Locust Grove Intersection Utility Improvements with Civil Survey Consultants, Inc. for a Not to Exceed Amount of $15,725.00 K. Amendment to Original Contract dated September 25, 2008 for Street Light Maintenance with Berry Electrical Services, Inc. L. Agreement for Equipment/Supplies Procurement Liquid Emulsion Polymer with Weschem, Inc. for a Not To Exceed Amount of $109,340.00 M. Resolution No. 09-694: Adopting an Identity Theft Prevention Program Rountree: Next Item is the Consent Agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Having noted that the Consent Agenda also includes an Item M, resolution 09-694, adopting an identity theft prevention program, I move that we adopt the Consent Agenda as amended and for the President to sign in the absence of the Mayor and the Clerk to attest. Hoaglun: I'll second that. Rountree: It's been moved and seconded to adopt the Consent Agenda. There is some discussion. I'll point out that there is a question on Item H whether or not that agreement has been signed and, Keith, can you fill us in a bit on Item I. Meridian City Council October 27, 2009 Page 4 of 51 Watts: On Item I with Apex, that has not been signed by the contractor yet. That -- I will hold that and make sure he comes in and he, actually, has agreed to come in and sign it in my office, so it won't leave before it is signed. Rountree: Thank you. Any questions of Keith on that one? Warren, do you have anything on H? Stewart: I don't have anything. We have -- Clint's made -- Clint Worthington has made a couple of attempts as of lately to get a hold of McLaren to have them come in and just hasn't been able to make contact with them yet, but I don't anticipate that there is going to be any problem with that. Rountree: Thank you. For consideration, if we do act on these tonight and there is changes, we will have to act on them again. Recommendation, Ted? Baird: Mr. Council President, Members of the City Council -- Mr. Acting Mayor, it's -- it's difficult to track these if they are not already signed, but since they are already on the agreement and arrangements have been made to get the signatures quickly, there is probably not too much risk in just leaving them on and passing them. If changes do need to be made we will have to come back with a contract amendment to rescind the approval that you would -- are considering and to reapprove a new agreement. So, it does require a little bit more work for staff, but we are prepared to handle it. In the long run we are trying to make the Agenda Manager program such that these things do not get approved and put on unless the signature is there. There are some organizations that require that we sign first and in those cases we will -- we will deal with the tracking, but it is something that we are trying to iron out the wrinkles. Rountree: I have a motion and a second. Does somebody wish to amend their motion or bring forth another motion? If not -- Zaremba: Do we need to change it? I'm happy with it. Rountree: Okay. Zaremba: Unless we want to add that Items H and I will be held until they are signed. Rountree: You made the motion. What do you wish to do? Zaremba: I will suggest that even though we are approving them, that H and I will be held until they are signed by the appropriate contractor. Rountree: Second agree? Hoaglun: I would second that. Meridian City Council • October 27, 2009 Page 5 of 51 Rountree: It's been moved and seconded to adopt the Consent Agenda with the hold of Items H and I. Roll call vote. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayor's Office 1. Ordinance No. 09-1432: Upda~ng Membership Requirements and Providing Uniform Organizational Structure for Historic Preservation Commission, Parks & Recreation Commission, Traffic Safety Commission, and Arts Commission Rountree: Next item is Department Reports. Mayor's office. Robert. Simison: Council President ,Members of the Council, the first item you heard last week regarding the ordinance that will allow for updated -- allow for youth members to be appointed to a couple of our city commissions. If you have any further questions, I will stand for them, but you heard this last week. Rountree: Any questions? Seeing none, I need a motion on the ordinance. Zaremba: Mr. Mayor or -- Rountree: That's okay. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Acting Mayor. I move we approve ordinance 09-1432 with suspension of rules. Hoaglun: Second. Rountree: It's been moved and seconded to approve Item 6-A-1, ordinance 09-1432. Roll call vote. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Meridian City Council ~ • October 27, 2009 Page 6 of 51 2. Resolution No. 09-695: Appointing Megan Murphy to Seat 9 of the Parks and Recreation Commission: 3. Resolution No. 09-696: Appointing Miranda Peterson to the Traffic Safety Commission: Rountree: Next item, Robert. Simison: Okay. For this I'm going to have Luke come up and speak very briefly about the two people for the next two resolutions for members of the Youth Council. Cavener: Good evening, Mr. President, Members of the Council. I'll talk about, actually, number two and number three together. These are two of the youth appointments to the commission. The first one, Megan Murphy, be for the parks commission. She's a sophomore at Rocky Mountain, was active in the Mayor's Youth Advisory Council last year and has returned this year. Is also serving on the Mayor's Youth Advisory Council. The second one is Miranda Peterson. She is also a sophomore at Meridian High School. She applied to serve on the traffic safety commission and from her time wanting to be more involved is also now signed up to be part of the Mayor's Youth Advisory Council. These are two stellar young ladies that are active in the community and in their school and I think both will be a great additions to their respective commissions. Rountree: Any questions of Luke? Thanks, Luke. Cavener: Thank you. Rountree: Need a motion for those. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we approve resolution 09-695, appointing Megan Murphy and resolution 09-696, appointing Miranda Peterson. Hoaglun: Second. Rountree: It's been moved and seconded to approve Items 6-A, two and three. Roll call vote. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Rountree: Item 4. Meridian City Council • • October 27, 2009 Page 7 of 51 4. Resolution No. 09-697: Approving lease Agreement between College of Western Idaho and the City of Meridian for 33 E. Idaho Avenue: Simison: Item No. 4 you have before you is a resolution approving a lease agreement between the College of Westem Idaho and the City of Meridian for use of the old City Hall building. The Mayor has been in discussions with the College of Western Idaho about finding a use for that building for awhile until further opportunities may exist for the full block to have other opportunities. There are -- the resolution and the agreement may not be prepared to be signed this evening, there is still a few outstanding issues that need to be done, but Brian Currin with the College of Westem Idaho is here and I'd ask him to come and speak to you briefly about what their plans are for use of the building, some of the things that they think they will need to change in the building as that will be part of the lease agreement and, then, any other issues that he just may want to mention about the time of the lease of that. So, Brian. Currin: Good evening. Rountree: If you could give us -- excuse me. Go ahead. Name and address. Cumn: My name is Brian Currin and I'm the executive director for the College of Westem Idaho for IT and facilities. Did you say address? Rountree: Please. Cumn: My home or our college? Rountree: College would be fine. Cumin: All right. That's 5500 -- we changed our name to East Opportunity Way in Nampa. Rountree: Thank you. Cumin: So, anyway, on behalf of President Glandon and the College of Westem Idaho, I'd like to thank Tammy de Weerd -- Mayor de Weerd and the city for offering us this opportunity to utilize the building that you used to occupy. Our intention is to use this building as our administrative offices, so we intend to move our president, advancement offices, our marketing offices, and probably our finance office to the building. Obviously, you probably know of our space needs at the college and this is a great way for us to take advantage of some space at a reduced cost. One of the things that we do want to do is to have an inspector go through the building. We would like to look at the structure, the mechanical systems. We also realize that there may be some ADA compliance issues with a ramp, but other than that we think the building is sound and solid. We would, actually, like to take your old board room -- or your council room and make it into our board of trustees room where we will hold our board meetings. So, Meridian City Council • • October 27, 2009 Page 8 of 51 other than that, it's going to be for administrative purposes and we just want to say thanks again for the opportunity, so -- Rountree: Any questions? Thank you for being here this evening and the update and we look forward to being able to execute that agreement. Cumin: Thank you. Rountree: And, Robert, we do not have that through their legal counsel at this point, so no action will taken this evening. Simison: That is correct. The only action that you may want to provide is -- we can always bring it back to you also, but we would hate to delay them getting into the building for any specific reason, in case any City Council meetings are -- getting it approved in the future, so I'd ask Ted for any comments he would like to make with regard to any action you may or may not like them to take tonight. Baird: Certainly. Thank you, Members of the Council. One approach that you might want to consider would be to approve the resolution, which is required by statute, since it's not currently needed for city business and approve the agreement in concept and allow us to make any minor changes that might come up in the negotiations. The major deal points that are in the current agreement I can take a moment to summarize those if you would like and if those are the terms that you'd like to extend the lease, then, you can sort of make a -- make a conditional approval tonight. It's really up -- depends on how you would like to proceed. Otherwise, we can bring it back after we have the back and forth with the CWI legal counsel in final form. Rountree: With your recommendation it would be an approval of a concept, we would see an agreement ultimately anyway; correct? Baird: Absolutely. Rountree: Okay. Thank you. Further questions? Mr. Zaremba. Zaremba: I'm comfortable with that. I'm certainly in favor of the project and making it happen. If I'm interpreting what we are saying, we are not actually going to approve the resolution tonight, though, is that correct? Just indicating our support for making this happen. Baird: Members of the Council, Council Member Zaremba, it's certainly up to you. If you want to give staff direction to finalize the lease under the terms that we have proposed, which is a three year term with two one year options, all maintenance for the structure and the systems would be with the tenant, 16 parking spaces, we've included insurance and indemnification provisions, but the lease is almost identical to the lease that the Farmers and Merchants Bank provided to the city for the use of their former -- former bank, so it's a lease that we are comfortable with, we think that CWI would be Meridian City Council October 27, 2009 Page 9 of 51 comfortable with it, but some issues may arise after their inspection and they might want to come back. But those are the -- those are the primary points of the deal and if you want to give direction on whether you'd like those to remain in the -- in concept, we'd be willing to take that tonight. Rountree: And for clarification for me, those are wrapped up in this proposed resolution. Baird: The agreement itself is attached to the resolution. Rountree: Yes. Okay. Hoaglun: Mr. President? Yeah, I'm in agreement with the concept of doing this with CWI. Just in case there is any surprises that they happen to find, we don't know about, they don't know about, it probably would be better to wait to get it all together. As far as the concept of doing this, I'm in favor of that, but we can just wait to make sure they get through it and make sure there is nothing -- no surprises for anybody, so -- Rountree: So, a motion to that effect I think would make everybody a little more comfortable as they proceed forward with inspection of the building and looking at what they may have to do. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Let me attempt to phrase that the way I think I understand it and that is that I move that we approve moving forward with creating a lease as proposed and that that be brought back to us for an official resolution at a later date. Hoaglun: I will second that. Rountree: It's been moved and seconded to approve the resolution agreement in concept and the agreement will brought back at a further date. All those in favor aye. Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. 5. Budget Amendment for Meridian Business Day for $6,750.00 6. Budget Amendment for State of the City Funds $2,020.00 Rountree: Thank you, Robert. Thank you. Five and six, do you want to do them both together? Meridian City Council • October 27, 2009 Page 10 of 51 Simison: Items number five and six, yes. Rountree: Please. Simison: Item number five is a budget amendment for Meridian Business Day and you guys I'm sure all remember the event that was held last spring on this. This is the second version of this. This budget amendment provides for a cant' forward of funds that they fund raised for this event last year, along with the funds they have already secured sponsorships for for this year's event. So, all the funds that were part of this event are accounted for and sponsorships and no cost to the city and this event is scheduled for November 10th of this year. And the second one is a carry forward from last year for State of the City excess funds, which were not utilized by the end of the year for a project. Due to the Mayor's absence we weren't able to complete in time. So, those are the two budget amendments. Rountree: Any questions for Robert? Zaremba: Yeah. Rountree: Mr. Zaremba. Zaremba: What time of day is the Meridian Business Day? Simison: I believe it starts at 8:00 a.m. again this year. Zaremba: Okay. Rountree: Other questions? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we approve the budget amendment for Meridian Business Day for -- in the amount of 6,750 dollars. Hoaglun: Second. Rountree: It's been moved and seconded to approve the Business Day budget amendment for 6,750 dollars. Roll call vote. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Mr. President? Meridian City Council • October 27, 2009 Page 11 of 51 Rountree: Mr. Hoaglun. Hoaglun: I will move that -- approval of budget amendment for the State of the City funds in the amount of 2,020 dollars. Zaremba: Second. Rountree: It's been moved and seconded to approve the State of the City budget amendment, 2,020 dollars. Roll call vote. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. 7. Union Pacific Right of Entry Agreement Rountree: And last, Union Pacific agreement. Simison: The last one is a Union Pacific -- right of entry agreement with Union Pacific Railroad for the old Idaho Trust parking facility -- or old facility that would be used for parking for the Meridian Business Day. Obviously, if we have tum out like we had at the last event, we need to help find a way to park those three to five hundred people that could potentially show up. We have been speaking with Union Pacific Railroad about use of that property and this is the agreement that they had sent to us. I would defer to the attorney Ted Baird for any comments that he would like to make about the agreement. Baird: Thank you, Members of the Council. The reason that we didn't put this on the Consent Agenda is because there is a term that's in the agreement that we don't like to recommend to you, but the Union Pacific Railroad has refused to change it, based on the fact that their attorneys are overloaded and only working on revenue projects right now. Their project priorities is how much revenue they bring in, so ours has a zero attached to it. That provision is the choice of venue for lawsuits. The agreement says that lawsuits could be brought in Nebraska or Idaho. There is probably a very slim chance that if we do something that they don't like or one of our invitees does something that injures their property, that we could be sued and forced to defend a lawsuit in Nebraska. Just wanted to let you know that that -- that if you approve the agreement that's in there and that you're taking that very small risk. Rountree: Any questions? Zaremba: Mr. President? Rountree: Your desire. Mr. Zaremba. Meridian City Council • • October 27, 2009 Page 12 of 51 Zaremba: I move we approve the Union Pacific right of entry agreement. Hoaglun: Second. Rountree: It's been moved and seconded to approve the Union Pacific right of entry agreement. Roll call vote. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Planning Department: 1. Appeal by Rob Haddock for Waiver of Annexation Application Fee Rountree: Thank you, Robert. Next item, Planning Department. Anna. Canning: Yes, sir. Thank you. You have in your packet a detailed letter from Mr. Haddock requesting the fee waiver. I will let that stand on its merits and I did want to comment, generally, you like to see a recommendation from the planning staff. We usually only recommend a fee waiver if we feel we have erred in processing something on the application prior to their request and that's not the case here. So, we are not recommending a waiver of the fee. Rountree: Questions for Anna? Hoaglun: I do, Mr. President. Anna, for application fee for annexation for a residence, is that something they have to pay up front in full or is it something that they can pay over time? Can you give me a quick history lesson on that? Canning: Yes, sir. It is paid in front -- up front in full. There we go. And it's, basically, the -- covers the cost of staff time to process the application through the Planning and Zoning Commission and City Council and the public hearings. Rountree: Anna, we did not initiate this, did we? Canning: No, sir. Rountree: They brought it to our attention. Canning: The -- we did not initiate it. The applicant is just requesting it on his own. Rountree: And I don't see him here this evening. Canning: I don't know him by sight, so I'm not sure. Meridian City Council ~ • October 27, 2009 Page 13 of 51 Rountree: Are there any underlying issues that are -- Canning: Yeah, there are several. I mean he's -- there will be complications. It's not going to be an easy process for this one. He's actually seeking annexation because he's facing an enforcement action in the county. Rountree: Do you need anymore information? Zaremba: I guess not. Rountree: I think I have heard enough and I have seen the letter and it seems as if the intent is to minimize costs and maybe even avoid some issues at the county level that could more than doubled if we annexed him, so what's your pleasure? Zaremba: Mr. President, I'll throw out an idea. There are expenses to the city for processing these applications and the process is funded by the application fee. However, I also can understand hardship and I guess my question is would we have the ability to perhaps suggest splitting the fee, not charging the whole fee, but still charging something. Is that an option open to us? Baird: Members of the Council, Council Member Zaremba, the planning director chime in here as well, but the provision is for a waiver of the fee. I guess partial waiver may be implied with that. I don't think we have ever done that before. It certainly opens the door to a precedent that you may not want to be setting. Zaremba: Good point. Hoaglun: Mr. President? Rountree: Mr. Hoaglun. Hoaglun: Just a comment on that, that, you know, where they are seeking the annexation and there are fees attached and knowing that there are fees, they don't have to seek annexation with the city if they are not able to pay, but knowing that there is more to the story and they are just doing it to avoid other things, then, I guess it's a matter -- a decision for them to which -- which is the lesser of two evils in their minds to pay, so -- and it's not fair to the citizens of Meridian to pay for staff time and costs of annexation for someone that wants to be -- to join the city. You know, everyone has paid their dues, so to speak, if they sought annexation and it's not fair to charge them again for that annexation process. So, I'm not inclined to waive the fee and let them decide what they want to do, so I guess I'm prepared to make a motion to that if you'd like, Mr. President. Rountree: That would be fine. Meridian City Council October 27, 2009 Page 14 of 51 Hoaglun: Mr. President, I move that we -- I guess it would be deny the waiver request of the annexation application fee that is requested by Mr. Haddock that is before us. Zaremba: Second. Rountree: It's been moved and seconded to deny the appeal for Rob Haddock. Roll call vote. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: And let the record show that Councilman Bird has joined us. Good evening. Bird: Good evening. C. Parks Department 1. Ten Mile Interchange Landscaping Agreement/Update by Steve Siddoway & Wade Christiansen (ITD) Rountree: Next item. Parks Department. Ten Mile interchange landscaping agreement. Siddoway: Thank you, Mr. President, Members of Council. This was originally going to be a tag team presentation with myself and Wade Christiansen myself and ITD, but I'm now going to a solo show, so I can answer your questions and, if not, I will take any outstanding questions back to ITD. But this is intended as an update and also to seek some direction. Mr. Baird and I have been working with ITD on the -- their landscape agreement, a copy of which has been included in your pack for tonight. We do not need to act on that agreement tonight, but I would welcome any feedback or comments on that as -- ITD we have teamed recently is on a fairly tight time schedule to get things finalized. In an a-mail from Wade that I received today, he confirmed that they need to have their PS&E submittal in by December 1st or there is a risk in losing funding for the project, so I'm doing everything I can to turn things over just as quickly as I can, seek your feedback, and get back to them. You may recall that the landscaping for the interchange -- I presented to Council just almost exactly a year ago to seek direction, make sure we were on track. We did receive feedback, then, that we were headed down the right road and -- and we -- shortly thereafter we also teamed that the funding had been pulled on the landscape project and, then, this summer we learned that they found a different source of funding, was able to resurrect the project, which we were very happy to hear. In -- a lot of this is information that was presented a year ago, but, Councilman Hoaglun, you weren't here and I just wanted to bring everyone back up to speed on things we have been talking about. In the big picture we are talking about making this an attractive entry at the Ten Mile interchange area. It's -- but we also want it to focus on lower maintenance, landscape ideas. There are four islands in the interchange associated with this. There are two medians in Ten Mile Road. At the time Meridian City Council • October 27, 2009 Page 15 of 51 last year we knew of 16 acres of slopes. This is the one issue that probably gives me the most pause that I expect that I like feedback on. We now have 27 acres in that area and I will show you a map that shows you exactly what that is here in a moment. But it is the edge landscaping, you would be driving along as you are going along one of the -- the ramps, either on or off the slopes and, then, the -- basically the areas that are right of way up to the property line. For the island areas -- so, this is the area in the -- the interchange itself, in the structure. There is a mow strip. There are some infrequently mown grasses. There is rock mulch. There are shrubs and grasses, river cobble, and a sidewalk that crosses the structure. So, there are two islands on the north, there are two islands on the south, and here is a typical island of what one of those four would be. You can see across-section on the bottom. Functions as a drainage area. There are no trees in the area. It's shrubs and grasses for maintenance and irrigation. The median areas in Ten Mile Road are also intended to be beautiful, but lower maintenance. There are no trees, though. We as a city would prefer to have trees. We cannot have them, because ITD's clear zone requirements in those areas, so it does include the ornamental shrubs, grasses, and perennials and the rock mulch. There is one large median on the north close to Franklin, the southern median, which is about two-thirds of the size, and this would be a typical treatment where it's approximately 12 feet wide and has the shrubs and grasses within that, but no trees, and you can see the -- the cross-section at the bottom. The sloped area and edge landscaping has been approached wanting minimal landscaping and minimal maintenance. There are no trees. It, basically, just consists of unmown grasses, which is a mix of fescues. Will need to be mowed at a minimum of approximately two times a year. There would be trash pickup, fertilization, pest control, weed control, associated with -- with those grassed areas. In your packet should have been included a pdf that included these areas. I have kind of pasted them together for the purposes of this discussion. Everything that's in the green -- kind of cross-hatched in green is the area that makes up that 27 acres. So, it is -- that's the edge landscaping, the slopes adjacent to those roadways, and that's the area that has increased to now be 27 acres. This is probably larger than I was anticipating maintaining -- not probably, it is larger than I was anticipating maintaining. That said, Iwould -- I bring it to you for discussion to say, you know, should -- should we be just maintaining the edges of the interchange itself to -- you know, for beautification, because we certainly can do that. My first question, of course, was what's -- what's it going to cost. We have already talked about the islands and the medians during previous meetings. We presented three options last year. I do have copies of those options with me. In fact, Jaycee, if you would hand those -- I'll have Jaycee hand around copies of those for you again. There was a bare bones option, a middle option, and what they called an Eagle option. I tried to change that, but it was a pdf, I wasn't able to change that, so, anyway, the costs range from 17,000 to 33,000 and our discussions to date have focused primarily on the middle option of 25,000 dollars, approximately, on an annual basis. The question -- when I learned of this 27 acres last week, my -- that's been my focus over the last several days and at that acreage would constitute the acreage that would be like our third largest park, only behind Settlers Park and Heroes Park. The -- the cost of contracting that out for weekly trash pick up and mowing and the fertilization, pest control, weed control, those kinds of things, would -- we have solicited a couple of bids. One I just heard about just a couple Meridian City Council • October 27, 2009 Page 16 of 51 hours ago, because we have been working on this as quickly as we can -- would be in 50 to 75 thousand dollars range, which gave me some pause, and realized it may be cheaper for us to hire an additional maintenance staff person and maintain this ourselves. We tend to find that we -- in contracting out we save money on small areas, but if there are large areas it's often cheaper for us to do it in house. So, we -- you can sense I have some concerns about the size of that area, but I'm here to seek your direction, because one option would be, you know, that is what we want to do, we want to maintain those landscape areas adjacent to the -- the on-off ramps and make that a showcase, so option one is to get her done as shown. We want this to be a showcase. Option two would be to reduce the acres of grass area along the freeway that we would be maintaining. A third would be to let all those areas that were in green to go to -- we lovingly call it the dry land wheat mix. It's -- they do have a dry land seed mix that they would put on, but no irrigation. Regardless of what option is chose, I think we should continue to investigate the cost of contract versus in-house labor. So, with that I will go back to this and open it up for discussion. I would point out you can see on this diagram there is the four landscape island areas in the interchange and, then, to the north the -- the first median in Ten Mile Road and, then, this -- this square here would actually attach on above that and this would be the -- this is the second median. So, I don't see any particular issues with the islands or medians. My primary question deals with the -- the edge, unmown grass areas, and how much of that you would like to see maintained. With that I'll stand for questions or comments. Rountree: Questions? Hoaglun: Just real quick, Mr. President. On the medians, since we are on that, those are ITD requirements? I know we have talked medians before, but I don't know if it was in this context or at another location. Siddoway: Well, the city has -- had requested medians for -- for landscaping and beautification. I think there would be some in here for access control, but they wouldn't be landscaped, unless the city wanted that. Hoaglun: So, if it's, Mr. President, our requirement, we are saying, oh, we want that, then, we are -- we are the ones putting that cost on ourselves. Siddoway: Yeah. They are doing this for the city. Rountree: Mr. Zaremba. Zaremba: Mr. President, when we first began talking about this, somehow I just assumed we were only talking about the islands and the median and that the rest of it was not in Meridian's field of interest, but it would just be the standard stuff that ITD does at any interchange and maintains themselves. I'm not sure by asking for the required -- or asking for the beautifications that we would want how that stretches into making us maintain the slopes and everything else and the thing that womes me about that is that those are also the stormwater retention areas, which those sometimes have Meridian City Council • • October 27, 2009 Page 17 of 51 problems and I'm assuming that if we are maintaining grass on the slopes, then, we would have to fix anything that went wrong with the stormwater retention system. So, this part of it scares me a little bit. I don't have an answer. Baird: Council President, if I could jump in. Having reviewed the agreement, the stormwater facilities remain the responsibility of ITD. We would only be maintaining the grass, but the functionality we are not signing on to maintain that for them. Zaremba: Thank you. Rountree: Other comments? Steve, I have got many, but I'll limit it. We did commit to the islands as we negotiated this, as well as the median strip. Just want to make sure that there is accommodation in the design of those to provide for maintenance activities. If we are going to maintain them we need a place to put a vehicle and a trailer to get people there to work on it in a safe manner. You're not going to put up cones and have flag people out there and, then, have either our staff or contractors out there in the middle of that road, because it's going to be very unsafe. So, it's got to have some turnouts. I don't -- I can't see it at the scale I have got here, I'd have to look at a set of plans, but I want to make sure that that's there, some way to accommodate that. You can see an example of that on the connector. There are turnouts, there are curb cuts, where vehicles can get off the shoulder and in -- basically, into the landscape area, so you can get out and do some work. Siddoway: Mr. President, so that a vehicle can -- would park actually on the -- on the median without needing to use cones; is that right? Rountree: Correct. Siddoway: Okay. Rountree: The other issue I have with this concept -- and I don't disagree with the -- the light green you have here in terms of landscaping, but the concept that was originally proposed to us was a low maintenance, low growing grass, not the standard mix that ITD uses on -- for erosion control, but a specific grass type that could be planted in there, that would not need mowing -- possibly once a year just to clean it up for the fall or clean it up for the spring. Other than that, it would do its own thing. We would -- we would provide the water, they would provide the plumbing, and with establishment water and water -- you're probably going to have a fairly successful greening of that area without having to mow it and a much better stabilized slope situation than we have at Meridian and at Eagle and some other interchanges. So, I think we need to explore that with ITD, what it is they have in mind. I can't -- that green -- the full turf situation out there, that's too much maintenance. Siddoway: And the way you're describing is what they would say is still the vision. They do still call it unmown grasses. In reality they say unmown, because it doesn't require weekly mowing, but it will require mowing twice a year in order to look right. Meridian City Council • • October 27, 2009 Page 18 of 51 They are fescues, they grow up, they kind of lop over, you have probably seen them. That is the concept out there. It's not -- it's not turf grass, it is -- it is fescues that would need to be mowed a couple of times a year. Rountree: I think there is some other plant types that might work better and not create as much bio mass as the fescues would, wouldn't be necessarily as tall, and may not need the maintenance effort that they would, because they do get -- those grasses get, you know, knee to waist high at times and especially with water. So, I think we need to explore that. Siddoway: Okay. Rountree: And, again, if we do enter into the agreement and we do have something that satisfies us and we are going to be out there maintaining it or our contractor is, we need to, again, accommodate that off the shoulder and particularly on those slopes that are adjacent to the through lanes. Siddoway: Yeah. One thing that is clear with whatever grasses are on those slopes, they are two to one slopes and so getting -- getting a mower on them is not possible, it will be hand work with a weed eater whenever they are knocked down. Rountree: Let's explore that, then. Siddoway: Okay. Rountree: And I guess just a reminder, if you haven't read the agreement, once we enter into this agreement it's, basically, in perpetuity. So, whatever we agree to we agree to for a long time. Siddoway: Yes, sir. Bird: Mr. President? Rountree: Mr. Bird. Bird: I always understood, like Councilman Rountree, that we were going to have this low maintenance and Ican't -- I can't believe we'd even consider hiring a crew full time to do it once or twice a year. I know a park in Boise that's 58 acres that's done -- it must be more -- it must be cheaper for Boise to hire outside sources to take care of it than their people, because that's what they do. So, I'm -- I want to see something that is very low maintenance. That was the agreement right up front, Steve, so -- and I think you better really look hard into -- to subcontracting it out over hiring and buying equipment. Hoaglun: Mr. President, I wanted to ask a question about that -- you know, we see on the freeways inmates being used to pick up trash on a fairly regular basis. I don't know Meridian City Council • • October 27, 2009 Page 19 of 51 if it's quarterly or what have you, but is that an option to -- I mean that is part of the interstate system, they use that -- Siddoway: It is an option and we just -- it's one we have looked into. We could get inmate labor out there, the only issue is we would have to provide the weed eaters and the -- that kind of equipment that would be needed to do that. They could be out there doing trash pick up, but a couple members of my staff do have experience of previous jobs that had requirements of trash pick up along -- at interchanges, both in Nampa and Caldwell, and what they -- their experience was that -- that required weekly attention, because of the volume of trash that those areas can attract. So, I don't see it as an infrequent item that just inmate labor could do all of the trash pick up. Certainly they -- they can on occasion, but I think we will have to have someone out there doing regular trash pick up and, then, regarding the -- the once or twice a year weed eating, to use inmate labor to do that we would have to provide the equipment. Hoaglun: Mr. President, I was just thinking inmate labor just to do the trash pick up and, then, if you can go to the fertilization, pesticide, mowing twice a year in-house or contracted, I'd like to explore that further, someone come in twice a year to take care of that, you know, I think that would lower the cost significantly, but -- Siddoway: We can explore that. Bird: Thanks, Steve. Rountree: One other idea, Steve. We have kind of taken on this greening thing in terms of energy and efficiencies and all that sort of thing. It appears that there is an opportunity here to work with the extension agency or one of the universities or several of the universities directly to look at native species and how they might react in an environment where they get a few extra inches of water a year, as opposed to growing in the Snake River plain with nine to 12 inches a year and we might be able to have a real success with growing some natives out there that provide really good ground cover, provide some real esthetic appeal in terms of various colors, everything from silver to bright green and not require any maintenance, other than picking up trash. So, I would think that it's an opportunity to get creative, it's another opportunity to maybe even put something out for an award. Siddoway: Okay. Yeah. I agree we can look into that. I believe that Jensen Belts, who is the landscape architect on this, has been looking into native plants already, so I can find out if they have done any work with the extension or what research they have done. Rountree: Very good. Is that sufficient direction? Do you need more? Siddoway: Yes, I can take that -- take that back and we will probably be back before you again soon. Rountree: Very good. Any other comments for Steve? Meridian City Council • October 27, 2009 Page 20 of 51 Bird: I have none. Zaremba: Thanks. D. Public WorkslPurchasing 1. Change Order #2 to Original Contract Dated March 9, 2009 for Well 28 Production Well Construction with Mclaren Well Drilling, IIC for a Not To Exceed Amount of $4,375.00 Rountree: Thank you. Public Works. Purchasing. Go ahead, Warren. Stewart: Excuse me. The first item that we have in the Public Works Department is a change order for -- from Mclaren Well Drilling to finish up the well completion or well development of Well 28, which is our newest city municipal well. We are hoping to have that finished and ready to serve the public in January is what our goal is right now. So, what we are asking tonight is for you to approve the change order for 4,375 dollars, which was required for the -- required in order for them to finish the well, development of that well, and with that I will stand for any questions if you have any. Rountree: Any questions? Bird: I have none. Rountree: Now, has this agreement been signed at this point? Stewart: My understanding is that this has not been signed. They have actually sent the change order to us so we know that that's the value that they requested, but I don't believe this has been signed by them yet. Holman: President Rountree, Members of the Council, I believe that Mr. Watts also had a question, which is -- about this item, which is why we pulled it off of the Consent Agenda and brought it down onto the regular agenda. Rountree: Is that correct, Mr. Watts? Holman: Mr. Watts, we are discussing that Mclaren -- the one with Mclaren for Well 28. I believe there is a question about a seal. This is the one we discussed before the meeting last week that you wan#ed some comments in. Watts: Correct. Mr. Radek already brought that to my attention. The change order had -- had verbiage in there that they were retrieving a seal that was dropped down by another contractor. That was just something they were -- they were already going down into the well and -- they just pulled the seal out for us, since they were already down in there. It was unclear to me at first whether that was the reason they were in the well to Meridian City Council • • October 27, 2009 Page 21 of 51 start with and, if so, I wanted to see if we could get a recoup from the other contractor, but that was not the case. Rountree: Thank you. Any other questions? Comments? Your desires? Bird: Mr. President, I move we approve change order number two with McLaren Well Drilling, LLC, for a sum not to exceed 4,375 dollars. Zaremba: Second. Rountree: It's been moved and seconded to approve the change order number two for the Well 28. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. 2. Task Order #0777 A for Reclaimed Water Master Planning with HDR Engineering, Inc. for a Not to Exceed Amount of $147,686.00 Rountree: Next item, task order 0777A. Stewart: Yes, President, Members of the Council, task order 0777A is for the reclaimed water master plan. You may recall back -- I think it started out long before my time -- in 2006 the Council approved a 650,000 dollar enhancement for the development of a reuse water program. There were some significant milestones which needed to take place within that, one of which HDR has already completed, which was the Heroes Park permit and design. Second, they came back with a master plan proposal. That master plan proposal had two or three phases to it. The original cost for that master plan was 344,000 dollars. We had them complete one of the first phases of that, which was the citywide permit for 50,000 dollars. After we had gotten to this point in the process we realized that many of the things which they had originally proposed in their master plan we had kind of already taken care of in the course of the work that we had already done. For instance, they had a significant amount of time in there to, basically, have meetings with the Council and the Mayor to try and convince you that this was the program that we needed to do. We felt like that was probably not money well spent at this point, since you had already pretty well committed to go down that road. So, we have gone to a process where we have renegotiated that down -- continued to whittle that fee down to where now we are asking you to approve the final master planning effort for the reuse water program for 147,000 dollars and we feel like that this -- we -- you know, we have gone through a pretty good effort here, it's gone -- the original task order -- the original project -- master planning project went through the process of selection, RFQ process and several consultants, you know, proposed on that and HDR was the one that was selected for that, which we negotiated the original agreement and now we have come down to the 147,000 dollars to finish this. This will do us -- several things for us. It will help us with our financial -- figuring out how we are going to, you Meridian Ciiy Council ~ • October 27, 2009 Page 22 of 51 know, move forward financially with the reuse water program, how we are going to fund it, whether it be through, you know, its own merits or whether we utilize part of water and wastewater to do that. It will also help us to identify capital improvement needs for the future and how we need -- you know, need to plan in order to continue to move this -- this project forward. So, with that I guess I will stand for any questions that you have. Rountree: Questions on this item? Bird: I have none. Hoaglun: Question for Warren on this. We have the 147,686, but they also have additional alternates that they list out -- develop pipe configurations, perform hydraulic modeling for 35,000, alternate funding option 6,000, special studies sixteen eight. Are those things that we may request in the future and that's what the cost would be or what's our likelihood of these coming back before us for additional payment? Stewart: Well, this is kind of how that all came about, this is how we got down to, basically, the 147,000 dollars. There were several items in their original, you know, proposal that we felt like our staff could possibly take care of. The hydraulic modeling, for instance. We are purchasing new hydraulic modeling software. If we can get our staff trained up on that and depending upon what the number of hours that is involved, we would actually like to take care of that ourselves. Not only would it save some money in the consulting end of things, but it would also be a good opportunity for our staff to team to utilize well that new software and to become familiar with it. We hope to be able to do that, but there is going to be a fairly significant amount of work involved. Also, the big issue is the timing. Will we have the software, will we have the training, and will our staff be up to speed in time for HDR, so we don't hold them up. And a lot of those other efforts are kind of along those same lines. They are things that we believe that our staff can do, we want to be able to do, and, you know, we pulled them out of their contract, but we asked them to put these in as that alternate, so that if it -- if it appears that it would be necessary for us to seek their assistance, we would have some idea of what those things would cost us. Hoaglun: Okay. Thank you. Rountree: Mr. Bird. Bird: Warren, why wouldn't it probably have been smarter to take the whole bid and, then, they can give us deduct change orders? I mean we could be back here doing change orders every week on this job. Stewart: You know, that's possible. In my personal experience -- and I can't speak for what the city has had experience with in the past, is that you kind of get a better price when you're going an add alternate at the beginning of the contract than when it's a deductive alternate at the end of the contract. So, we asked them to give us an add alternate at the beginning, so that we could, you know, kind of hold their feet to the fire a Meridian City Council ~ • October 27, 2009 Page 23 of 51 little better. They're generally a little bit more aggressive when they are trying to get the job than they are when they are trying to give -- bum money back. But that's just kind of my feeling on that and that's kind of why I asked them to do it. Bird: I don't disagree with that. Rountree: Other questions? Keith. Watts: I'm not sure if it was clear or not, but this task order 0777A supercedes and replaces the original task order five, which was the three hundred and some odd thousand dollars. So, that will void that task order and this will take its place. Rountree: Need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve task order 0777A with HDR Engineering for reclaim water master planning for a not to exceed amount of 147,686 dollars. Zaremba: Second. Rountree: It's been moved and seconded to approve task order 0777A. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved From Consent Agenda: Rountree: There were no items moved from the Consent Agenda. Item 8: Public Hearings: A. Public Hearing: Paramount Elementary School Portable Classroom Appeal Request for reconsideration of the Council's decision on the appeal by the Meridian School District of the Planning Director's decision on the architectural and design features of a portable classroom at Paramount Elementary School by City of Meridian - 550 W. Producer Drive Motion to overturn Director's decision Rountree: So, we are to Item 8, public hearings. I will now open the public hearing for Paramount Elementary School portable classroom appeal and if the -- Eric, if you want to make your presentation. Meridian City Council October 27, 2009 Page 24 of 51 Canning: Sir. Rountree: Or Anna. Excuse me. Canning: Thank you, Mr. President. Rountree: Anna, give us your shot. Canning: Thank you, Mr. President. The application before you now is the Paramount Elementary School portable classroom appeal and the appeal is of the director's decision to deny the application for design review. The school is located at 550 West Producer Drive, which is east of North Linder Road and north of West McMillan Road, in the Paramount Subdivision, as shown here. And you can see the school under construction and the site within the subdivision. Again, as I mentioned, this is a request for reconsideration of the Council's decision on the appeal by the Joint School District No. 2 of the planning director's decision on architectural and design features of the portable classroom at Paramount, just to make it as complicated as possible. Thank you. I wanted to give you a brief history and that is the school district first applied for a certificate of zoning compliance and design review for the 17 -- just shy of 1,800 square foot portable classroom structure at Paramount Elementary. Staff reviewed that and found it deficient with a number of items listed in the Unified Development Code. We, then, contacted the applicant, they did not want to make any changes, so they filed the appeal. City Council approved the request to overturn the director's decision regarding compliance with the design standards and approved the site plan and building elevations submitted by the applicant, subject to submittal of a request for altemative compliance. The school district immediately got the altemative compliance into us and we did forward the -- forward the application onto the building department and it is out on their -- on the site. The pictures that staff has -- this shows the location of the portable and, then, this is a typical portable. This is not the one on site. So, there are members of the -- there are neighbors that have brought other pictures that will show the exact unit on the site. So, a request for reconsideration of the City Council's decision was filed by one of the neighbors, Keith Watson, and he states that he did not receive notice of the public hearing for the City Council review of the director's decision. Therefore, he and other interested parties did not have the opportunity to present testimony at the hearing. There is some confusion as to the appropriate notice to give. The UDC is a little ambiguous and given that it was a Council review of a director's decision, which normally wouldn't have public input, as opposed to a planning commission decision, staff went with kind of an abbreviated notice provision, but did seem to be a problem in that the neighbors did not have an opportunity to comment. So, that's why we are rehearing it tonight. This is a future note. We will clarify in the UDC that all appeals of decisions, whether they are a director's decision or a planning commission decision, need to have full notice. So, the outstanding issue before City Council is also -- they should reconsider my original denial of the design review application of the portable classroom. In particular, Council may want to consider the additional testimony that you have received regarding the present color scheme of the portable classroom structure and the compatibility with the associated elementary Meridian City Council October 27, 2009 Page 25 of 51 building. You have received written testimony of several item -- letters -- I think seven actually submitted with -- in regard to this request. And with that I'll answer any questions Council may have. Rountree: Questions for Anna? Bird: I have none at this time. Rountree: Thank you. This is a public hearing. The original applicant for the variance -- or the variance request or the appeal of the decision was the Meridian School District, so I believe that they would be the next testify. So, Eric, do you have any comments? Bird: Mr. President? Rountree: Mr. Bird. Bird: Before we go any farther, I want to note -- and I don't know if the other Councilmen -- but I got an a-mail today regarding this deal from Mr. Dean Brigham regarding testimony for the deal. I got an a-mail on it today. Hoaglun: Mr. President, I got an a-mail, too, but it went to the spam filter and I couldn't open it, so -- Baird: Mr. Council President? Rountree: Yes. Baird: If we could have Mr. Bird give a short description -- Council Member Bird give a short description of the content of that a-mail, so that the parties can address any issues that it may have raised. Bird: Why don't you ask me to remember? I didn't read it real close, because I knew this was on the agenda for tonight, so -- what it, basically, was was -- was asking us to continue to allow this to be out there, because of -- because of the crowdedness and I think Mr. Brigham -- in fact, I know he is -- is the principal out there. That was basically it, just to be -- asked to be in favor of it. Rountree: Mr. Zaremba. Zaremba: Just a comment. I checked my a-mails very early this morning and I'm not aware of whether I received this one or not. I may have later in the day, but I haven't seen it. But let me just clarify. Whether the structure stays is not at issue, it's -- it's permitted and allowed to be there. We are talking about design, whether it's going to have a certain color or some modulation to the surface, I believe, not -- that's a question. It's not an issue whether it's going to stay there or not; is that correct? Meridian City Council October 27, 2009 Page 26 of 51 Rountree: Anna can answer that specific question. Canning: Mr. President, Mr. Zaremba, the question that's before you actually goes back to the original decision. So, your original decision is the one that allowed it to be placed. So, yes, you are considering the design review -- without design review approval that structure cannot be there. Zaremba: Thank you. Rountree: Does that help? Zaremba: It clarifies it, yes. Thank you. Rountree: Okay. All right. Thank you. All right. Eric. Exline: President, Members of the Council, my name is Eric Exline, I'm the public information officer for Joint School No. 2. We are located at 1303 East Central. Drive, Meridian, Idaho. 83642. I'm going to repeat a little bit of what Anna went over, because I'm mostly here to discuss the process of the placement of portables and sort of what brings us to this point in that process. I'm going to go all the way back to last school year when this school, Paramount Elementary, was operating at nearly 800 students. We had capped enrollment there out of concerns of our ability to handle that many kids in the school. So, all of last school year enrollment capped there, anybody who moved into its two mile attendance area was bused to the nearest available school. At the time it was Discovery Elementary. At the request of the developer of Paramount Subdivision, he asked us to lift that cap and we had a discussion with him that the tool that we had in our kit bag, if you will, to do that was to place a portable building. We put in our application last July. It was at -- at the staff level denied, because of the ordinance as it relates to portable buildings, design review, et cetera. And I understand why she would have, based on that ordinance, have denied that. That, then, requires us to go to City Council and we will have to go to the City Council, as I understand it, every time, because every portable building that we request to place will not pass that design standard as that ordinance reads now. To ask for a waiver, that was a public hearing. She has now answered one of my questions, because in the end I think I'm going to have a couple for you -- in regards to if we had a public hearing and there was no testimony and, then, what would bring us back to having another public hearing and I think I understand that it maybe has an issue of whether or not it was noticed properly. After that approval we, then, received our certificate of zoning compliance in which there was no other design requirements of this building and we moved forward from there. Shortly thereafter we heard first of the request to repaint the building. As part of my research into that I'd like to share the following slides. This is a picture of the actual portable. I'm showing it in this view up close, mostly to point out the color of it. If you could go onto the next one. Hoaglun: Eric, does that color have a name? Meridian City Council October 27, 2009 Page 27 of 51 Exline: That's a really good question. It's sort of a baigey off white, but I'm not a colorologist, so I don't know. It's kind of off white. The next picture is a picture of a home in the Paramount Subdivision. Again, I'm kind of focusing in on it, to demonstrate what the color is. This is about two blocks away, not within line sight of the portable. Go to the next one, please. This is another home, kind of similar, a little more yellow. Again, about two blocks away. I was just going and looking for colors at the request of our staff. If you could go to the next one. This house is also about two blocks away. And go to the next one, please. This house is immediately adjacent to the Paramount playground. That fence you are looking at is the fence to the playground. In my estimation -- I'm open for debate, that pretty much matches the color of the portable. If you could go to the next slide, please. This is a picture of a portable. This is an early one in construction, obviously. There is a skirt that's been placed around it. But I didn't go back and reshoot any pictures. That is the portable. In the background is a home that's visible from the playground that comes close to matching it, at least in my nonprofessional estimation of color. If you could go to the next one. This is another view, again, of the portable. A home in the background. Next slide, please. This is the northern property of the Paramount playground. That, again, is our fence. In the background is the Paramount community center. If you go to the next view, the color of the community center is, essentially, the same as the portable. And if you could go to the next slide, it, essentially, matches it. Obviously, it doesn't have the modulations, but the color of it is similar. I bring that simply to say this is clearly an allowable color in the Paramount Subdivision and we have concerns -- and, again, I go back to process. About -- if every portable has to be repainted upon its placement to match the school, then, we are going to repaint them every time we move them. Paramount is a darker color. I will admit that. It's about the color of the trim work, if you will, the community center. It's a fairly dark brick. Others of our buildings are not. All of the portables that we currently have placed in your jurisdiction are the color of the portables that you have before you. I am really here to get some guidance. We came to you, we recognize that you have a new zoning ordinance. We recognize that we had to ask for a waiver of some of these design review standards. These are not permanent buildings. They are buildings intended to be moved. We are trying to keep their cost to a minimum in both their installation and whatever modifications we have to make to them. It's one of the key parts of our tool bag to deal with a school like Paramount that has 800 kids and was built for 650 and this process, in all due respect, is getting to the point where it is so cumbersome and apparently -- I mean if I even read how you had to notice the thing, it sort of indicates the cumbersomeness of the process. We need to know if this is still part of our tool kit or do we need to put additional roof lines -- the -- the objection could have been to anything, as I understand it. It could have been to the color, to the roof line, to the modulations on the walls, to the landscaping -- those are all aspects of the design review that we have come and ask you to waive, which thankfully -- and I thank you that you did. I understand that the residents there -- it does stand out. I guess you could have a conversation about what color you should appropriately paint it. You could paint it the color of the building. Again, we are going to have to change that. You could paint it green to match the grass. That would probably disguise it the most. It is what it is, a temporary portable building, designed to house kids in an overcrowded school, so Meridian City Council October 27, 2009 Page 28 of 51 that we can allow them to attend their neighborhood school. With that I would answer any questions. Bird: Mr. President? Rountree: Mr. Bird. Bird: Eric, what I got was it -- it stands out. Is this the same color you got out at Meridian High School, the portables you have out there? Exline: Councilman Bird, yes, the -- Bird: It is the brown, then, it's not white. Because it don't look like the ones they got out at Meridian High. Exline: I'm going to look back at my maintenance person, but I was going to bring a picture of the row of them at Mountain View High School. There is four there. They are as close in color that my unprofessional eye could not discern the difference. Wayne, am I describing that correctly? Are they all essentially the same color? And the others are nearly matching in color. There -- there is not much difference. You can find these at Linder Elementary. Chaparral Elementary. Ponderosa has a few. They exist in a number of places. Bird: But Paramount's is brick or block, whatever they have used, is a different color than the normal school in color. Exline: Councilman Bird, some of our schools have a darker brick color. Ponderosa is darker. It also has these portables. Chaparral is whiter. So, there are -- there is some variability. Discovery is fairly similar in color. It kind of depends on the era in which it was built. Bird: And do you have any idea what it costs to repaint one of the portables? Exline: Councilman Bird, about 2,100 dollars. Bird: Twenty-one hundred dollars. Because what I took from the neighbors was strictly they'd like something that would match a little better, but wouldn't stick out like a sore thumb, and, you know, so -- I realize when you -- if it was a darker color, though, it would match with brick more on all of the schools, because I can't think of a single light brick one you got. Exline: Councilman Bird, the color that it is now, if you moved it to Chaparral, in my estimation, you want it to match, you would paint it back to what it is. Bird: Chaparral? Yeah, you could be right. Yeah. You're right. Meridian City Council October 27, 2009 Page 29 of 51 Exline: Sorry. This is our maintenance person. Bird: Yeah. I know. Rountree: Excuse me. If you could come up here and state your name and address for the record. Hoaglun: Mr. President, while he's coming up, I might have another question for Eric real quickly. My kids started at Linder Elementary and there were portables then. I think those same portables are still there. And I have got a son who is a senior in college now. What -- when you say temporary, what is the length of that time that they could be there? Exline: Council Hoaglun, that's a very good question. There are, essentially, two eras of portables in the world of portables. There are those that you mentioned at Linder, at Chaparral -- I'm not going to pretend like I can produce the whole list. A few years ago -- three, fourish, something like that, five years ago, the state determined that the only portables that were any more more portable are the ones that are tagged. Come with an official state tag. The portable here in question, in addition to 15 or 16 others that we purchased in the last bond, are those state tagged portables. So, they are truly movable. In my estimation of the ones at places like Linder Elementary, so we can no longer move them in your jurisdiction or any others. At some point in the future I believe what will become of them is that their value will not be worth their maintenance and in some way you're going to surplus them. These, however, are intended to be used for as long as we can get the life out of them, which is about the life span that you just indicated with your son being in college. Hoaglun: Okay. I'm sure FEMA would take them off our hands. Exline: It's a very legitimate question. Hanners: Okay. Wayne Hanners. I'm the supervisor of operations, Joint School District No. 2, 2301 East Lanark is my office address, Meridian, Idaho. Other colors that you would look at in your jurisdiction. Chief Joseph is a lighter brick color, more appropriate to the color of this. Linder Elementary, as you just spoke of, Councilman, is lighter colors. So, yes, there are definitely some shades of block that are, because of the age of those schools, definitely different shades, different colors. And, again, we tried to keep these all within a certain range. Again, we move them. The older ones, as Eric as alluded to, for the most part are legal according to the state department of building safety, to be moved any further. So, they are where they are going to be for the long term until their useful life, of course, is done. Now, these new portables are, again, state tagged and legal to move. We invested several million dollars to purchase these and, again, with the intent that they are mobile and meet all of the building codes and requirements for life safety and occupancy. And the intent is to make them just that, a modular movable building. Meridian City Council • • October 27, 2009 Page 30 of 51 Rountree: It's my tum. A couple of your questions about the process. Most of our decisions there can be a request for reconsideration. If we act favorably on that request, you're experiencing what happens. If we deny those requests, then, our decision is final. The next step in a lot of situations could be or can be through the court system. In this case I think probably due process was the reason why we granted the reconsideration, to give the folks an opportunity to be heard. Having said that, that, basically, opens all of this back up to the dialogue that's been said and any new dialogue and testimony that can be presented. And either we reaffirm or modify our previous decision. Does that help? Exline: Mr. President, thank you. It does. And one other additional question and I think I know the answer, but -- and you can answer it or staff. So, if you, then, act to say that the portable must be painted, then, I assume that we lose our occupancy permit until that happens, because the occupancy letter says -- if I can get this right -- and, please, help me, staff, I'm -- I'm treading in areas in which I am no expert. Issuance of a certificate of occupancy shall not be construed to be as an approval of a violation of various things, including other ordinances of this jurisdiction and I assume that the waiving of the architectural requirements is one of those other ordinances of the jurisdiction being indicated on the certificate of occupancy. Rountree: We'll let the planning director broach that question. Canning: Mr. President, Members of the Council, obviously, Council has the authority to determine the timing of any actions that you would like to see with regard to the piece of the property, so it would not be necessary, unless that's the desire of the Council to pull the occupancy. Exline: So, just to make sure I understand, you could set some parameters or time in which whatever change had to be made? Rountree: It wouldn't necessarily result in an eviction. Exline: Thank you. I believe that's all I have to say. Anything else, Wayne? Thank you. Rountree: Thank you. This is a public hearing. I have six folks signed up to testify. Five against and one for. Keith Watson is first on the list. Keith. And I indicated before that public testimony is limited to three minutes, but you have indicated you're speaking for the folks on this list or -- Watson: That's correct. Rountree: Okay. Watson: Perhaps I'd like to reserve 30 seconds, though, for maybe one other comment from another member. Meridian City Council ~ • October 27, 2009 Page 31 of 51 Rountree: Okay. Watson: Take a moment to bring up this Powerpoint. I'm not sure I get this off of here. Holman: Sir, yeah, once he gets your Powerpoint up, you will use that pen right there to pass the screen. Watson: Okay. Got the flash drive, but I can't get that to come up. I don't know how I can access this. Canning: Well, hold on for just a second. Rountree: Staffs working on it over there. Canning: Staff will bring it up for you. Watson: Okay. Rountree: You're not on the clock yet. Watson: President Rountree, Members of the Council, good evening. My name is Keith Watson. I reside at 762 West Cagney Street in Meridian. And, first, let me thank you for your service to the city. I expect that all your efforts are not always appreciated, but -- but we certainly do. Of course, the issue at hand is this portable classroom at the Paramount Elementary School. There are several members of the Paramount Subdivision, which I represent their views, some of which are in attendance tonight. If they would, please, stand. And I understand others have submitted written testimony to the city clerk's office as well. We believe that the Meridian School District's portable classrooms should comply with the City of Meridian's design manuals and the UDC code. As you know, the Meridian School District's application was denied by the planning section for noncompliance with certain directives and codes. The school district appeal Council voted in favor of the appeal and the portable classrooms were installed without meeting the design criteria required by code or the design manual. If I may, I'd like to, please, tum your attention to our Powerpoint presentation. In the City of Meridian's design manual, Section D2-0, architectural character, the objective is to encourage the use of quality materials that promote esthetic building design and appropriate contributions to development of a timeless community character. Excuse me. Additionally, the guideline states that use of colors that compliment the use of building materials and support innovative and good design practices and the use of subtle neutral and natural tones for field -- for fill materials should compliment accent colors and materials. We suggest to you that this clearly does not meet that criteria. This is a -- obviously, a view from my backyard and it's a lot different view than what you see when you're standing right next to the door. And that is a more close-up view. You can see how it -- it shows harshly in the -- in the background, too. The use of deep tones -- excuse me. The use of deep earth tones or saturated colors to distinguish Meridian City Council October 27, 2009 Page 32 of 51 building facades should enhance the building design to be compatible with adjacent structures. Materials or colors with high reflectants, such as metal, should be reviewed with the planning staff to minimize glare on roadways, public spaces, and you can see the glare that's coming off all of that entryway -- the substructure there. So, again, we suggest to you that this clearly does not meet the criteria of that design manual. Additionally, I would like to tum your attention to the UDC 11-3A-11 for outdoor lighting. The standards of that says that fixtures exceeding 260 lumens shall have opaque top to prevent uplighting. Fixtures shall be located to prevent the direct glare to a street and to minimize impact on abutting properties. And fixtures shall be set to go on when triggered by activity on a property, sensor activated, and go off within five minutes after activation has ceased. Lighting on this building is in violation of all three of these code requirements. They have improper cut off shield, direct way on abutting properties, and the motion detector is triggered by traffic on the joint public street. And if I could draw, this right here, this is the light in question. This is probably a good 220 feet from the -- from the road and when a car goes by there that light's on, it's off, it's on and off and it's -- it's quite annoying. These next two slides -- it was suggested that the portable classroom color meets community standards. Both of the next two slides were taken the same day. The structure shares almost identical color, but because of the architectural difference, the resident structure blends in with the neighborhood. That's the -- that's the residence. As a matter of fact, it was my neighbor and the color is identical, but without the architectural improvements onto the classroom, then, of course, the color becomes all prevalent and nothing breaks it up. So, I think the examples that I have that show the difference between acceptable into the community, not just color, it has to be some architectural relief to break the color or else the color needs changed. On this slide we will touch briefly on the review standards. Peter Friedman, which is the deputy director of your planning department, clearly states in the rejection letter that this building is subject to the design review standards listed in UDC 11-3A-19 and the City of Meridian design manual. Also, in UDC 11-3A-19, the structure and site design standards also says the following minimum standards shall apply in addition to the detailed guidelines as set forth in the City of Meridian design. Our requested action is to require the Meridian School District to comply with the UDC dash 19 and dash 11 and the City of Meridian design manual as regards to this building. Solutions. I tried to work with Luke Cavener of the Mayor' office and I have suggested several options to the school district. We offered to volunteer paint the building, donation of paint, perhaps from Home Depot. Paramount developer participation. Or the Paramount Subdivision monetary donation. Luke informs me that the Meridian School District has rejected all of these suggestions. In closing, then, I would like to, again, request that the portable classrooms comply with the UDC and the Meridian design manual. And I will stand for your questions. Rountree: Brad. Hoaglun: Mr. President, just -- I just want to be sure on your concerns, because you end with discussion about -- about the paint and how to change the color. So, you're -- that is what you're seeking is the change of the color, because that slide when you showed your neighbors house, you said, well, that's the same color, but, you know, Meridian City Council October 27, 2009 Page 33 of 51 there is no -- do you have architectural relief. So, I just want to be sure you're not asking for the architectural relief to make it fit, but it's -- you would be satisfied if it was just the color that would make it fit better? Watson: Well, Councilman Hoaglun, what I would really like to see is I'm going to ask for everything and what I can get I will be happy with, so -- we understand that this -- this portable classroom is a need for the school. We don't deny that. We are a neighbor there. We support the school. We are just asking that it blends into the community a lot better. Just to blend it in with the community that color, I think you have to have architectural changes, as shown by my neighbor's house. But if you're not prepared to force architectural changes on a temporary building, then, clearly, I think we have a -- you have a responsibility to mitigate the color that will blend in with the community. Hoaglun: Thank you. Watson: You're welcome. Rountree: Any other questions? I have a question on your next to the last slide. Watson: Sure. How come I keep getting the school district's slides up here? Thank you. And (believe -- is it that one? Rountree: No. It's the one that listed the options. Solutions. Watson: Solutions. Rountree: My question is you list five -- or four -- four solutions. Are those real or just suggestions? Watson: Those are suggestions to -- they were suggestions. Luke took them to the Meridian School District. I'm not sure, I think he talked to Eric, and their response was no and that the color of the building already met community standards. Rountree: Thank you. Any other questions? Thank you. Next person on the list is Marva Watson. Are you the one that gets 30 seconds? That was nice of him. M.Watson: Well, I requested. Rountree: Give us your name and address. M.Watson: Marva Watson. I reside at 762 West Cagney and, President of the Council, Members of the Council, I appreciate you allowing us to come here and present our -- our thoughts on this. The only thing I want to do is -- we are not asking that the building be painted exactly the same color as the school. The school is a brick red. You know, that could possibly stand out. We are just asking for something that's not going to be as Meridian City Council October 27, 2009 Page 34 of 51 fluorescent as this one is when -- when it's sitting there with a flat base. Something that could fit in with other schools if it needed to be moved -- you know, there is a house behind it. Some of the houses that the school presented -- yes, they are, you know, similar colors, but they are not sitting out there, they do have the architectural, you know, design, like my husband talked about. So, we are not asking that it be painted the brick red, just something that could blend in that maybe even could be moved to the another school. The other thing is -- is I think it was pointed out by one of the Council members is that this is within a subdivision. This doesn't sit on the edge of a subdivision, like Hunter Elementary or some of these others. This is -- it was in a -- there is houses around it. There is more spaces for more of these temporary buildings. So, you know, the more that's added, the worse it's going to look if more is added. Like I said, we are very supportive of the school. We are trying to be good neighbors. I think that we have shown that during Arbor Day and a number of other things. All we are asking is that the school also be a good neighbor to those of us who's impacted by this. So, I think that's it. Thank you. Rountree: Thank you. Next on the list is Whitney -- or no. Excuse me. Marsha Hoffbauer. Okay. You're against our previous decision. Okay. And Whitney Ware? Wood. Okay. And you're -- you're with Keith? And Eric Woods. Okay. And you're also with Keith? And, then, Eric Exline. And he's for. Eric, do you have any closing comments you want to make? Exline: Mr. President, Members of the Council, my comment in large part would be that I agree with much of the presentation that this gentleman just gave. The portable does not comply with a number of the architectural design requirements. That's why we came and asked for an exemption. Those design requirements simply do not fit what a portable building is. The reflection that they described is the handicap accessible ramp that's built out of aluminum. We have to have it on the building. I suppose we could build them out of wood. They don't come with those. That would be an additional expense as well. I can't really disagree that he can bring up the code and say that the building does not comply with it. That is why the planning director denied the application in the first place and in her position I would have done the same. Our problem is -- and, again, I go back to the process. These are temporary buildings that do not meet those design review standards. And the only other thing that I would clarify is I never had any direct conversation about the notion of donations, et cetera. The only thing that I would say is that if it's going to be painted it needs to be professionally done, because it's got a brand new paint of coat on it right now. As to the lighting, all of that, those are modifications that a portable building is not going to comply with those architectural standards without modifying it, without changing roof lines, without adding modulation. That's what we asked you to waive. That's what we are going to continue to ask you to waive if this is going to continue to be something that we can use to alleviate overcrowding on a temporary basis in schools that are overcrowded. Any questions? Rountree: Any questions for Eric? Meridian City Council • October 27, 2009 Page 35 of 51 Hoaglun: I do. Just to be sure I understand, it's Paramount Subdivision, there is still a lot of open space. I don't think it's completely built out; is that correct? Exline: That is correct. I would estimate that it's about 40 percent of the land is the square mile -- I'm not the developer, but I drive there a lot. Hoaglun: Yeah. I'm trying to recall from our last meeting we had on this, was there going to be another school site -- when that is built out you're going to need another school site or will this -- is this the only school for that subdivision? Exline: Councilman Hoaglun, yes, I can clarify that. Currently Paramount, the school, serves two square miles. The square mile in which Paramount, the subdivision, is located, and the school and, then, the square mile immediately to its west, which is largely Lochsa Falls. There is a couple of things that have been added to it. We have a school site in that location that we would have begun construction on an elementary school, so what happen is half of the -- the Paramount Elementary School will ultimately serve the square mile in which it sits and we will build a second school in the next square mile, which will serve the square mile in which it sits. The only reason that's not under construction is in order to do so, we would have to raise the maximum amount of plant facility levy that we can. To do so would have raised everybody's property taxes and the commitment of the district we have promised not to do, so we had to only raise 14 out of 20 million. That all goes into what happened to our property tax values, they lost about 12 percent of their value. Hoaglun: So, where I'm going with this, Eric, if I might follow up, is if the economy improves and Paramount gets built out and -- does the school district look at subdivisions like that and say, okay, we can estimate that there is going to be X amount of kids at that school -- it's hard, but I'm sure you have got people who are smart enough to figure those out. I'm not, but -- Exline: Councilman Hoaglun -- I don't know if I want to admit this -- I'm the one who sometimes does those calculations and I'm not sure I'm saying I'm smart enough to figure it out, but our calculation, based on census data, would say if you build a subdivision like Paramount at that density, 3.5 homes per acre, a square mile over time will generate children in the quantity necessary to fill that school. It's, actually, a nice planning model for us, because it turns the collector roads into the boundaries, creating roads that you don't have to cross kids on. The little bit of the squeeze that happens in that calculation is on initial build out you will have more kids than that, because new homes generate somewhat higher numbers than what built out homes do. That's a little bit why you have portable buildings as part of what you do to accommodate that. We also don't build them and, then, the houses come, our planning system doesn't work that way. I mean we build them and, then, houses come along and, then, we have to build another one. But that square mile should generate 650 elementary age kids over time. Meridian City Council • October 27, 2009 Page 36 of 51 Hoaglun: So, it's conceivable, Mr. President and Eric, that at build out and you have another elementary school, that portable will go away? Exline: Councilman Hoalgun, it will go away. There would be no purpose for it to be there. Actually, when we build the other elementary school -- and these are interesting numbers, Paramount serves those two square miles. Currently about 350 of the children who attend Paramount live in that square mile. The other square mile has the balance of 500 kids. We will fill up the new school. Paramount will actually have capacity, you will have no need for a portable. Bird: Mr. President? Rountree: Mr. Bird. Bird: Eric, you know, I didn't see -- I didn't hear anything from Mr. Watson saying that they wanted to get the portable out of there, they want to work with you. What is the real -- what is the school district's -- not -- why do they not want to put 2,100 dollars in there and paint it by a professional painter, have it look -- and I don't know who is going to pick the color. Exline: Neither do I. Bird: I'm certainly not going to, but they don't want it the color of the school, which would be my -- my choice, but, you know, they got CC&Rs, maybe they can help you. But why is the school district, for 2,100 dollars, we are -- we are -- we become a good neighbor and we kind of pick that stuff up and, you know, even if they -- if somebody goes out and gets a donation of the paint and you just have to pay for the labor, you would save quite a bit. But why did the school district reject all these? Exline: Councilman Bird, our main objection is the process over time. Okay? So, then, we are going to move that portable and, then, the next neighbors are not -- are going to object to the color for some reason or the landscape design or the modulation and, then, we are going to have to reinvest money in new paint or any of those other -- we are hanging our issue on the fact that this gentleman's presentation is correct, we do not meet those design standards, we must come to you to waive them and it's not just the color that someone might pick, it may be in the end the resolution is we end up painting this, but when we move it, we are going to end up painting it again if the next neighbors determine that they don't like that color. We just do not fit that design standard. We are -- we will be the first to tell you that and our concern is this is a big part of our jurisdiction, we have to operate in it successfully, and portables are a really important tool. So, that was kind of a long answer. Bird: Unless you know something different than I'm being told, I don't think you're going to be moving this for quite awhile, because I don't see the economy getting that built -- those built outs and allowing you to build over in Lochsa Falls. And I don't know how Meridian City Council • October 27, 2009 Page 37 of 51 long you take between paint jobs on a portable, but I'm sure five, ten years you probably have to repaint it, because those portables aren't the best siding in the world. Exline: That's true. I don't know, Ijust -- Bird: I think that there is a workable way -- we know you -- we know you need the portable out there. There is no way you can operate without the portable and we are certainly -- or I'm not certainly -- I'm not sitting here trying to handicap kids and I don't think a single one of those neighbors want to handicap kids. They are willing to work and if it's a 2,100 dollar paint job, Ijust -- I can't see why the school district wouldn't -- and most of those schools when you move it to them, probably never have -- how many times has this paint thing come up? Exline: Councilman Bird, it has never come up before. Bird: That's what I mean. Exline: But we have never had to ask a waiver for the design standards. If you ask me the resolution personally, the resolution would be we would paint that and you would change the ordinance? Bird: You're talking to a guy that isn't a real design review person, so I wouldn't have any problem with -- Exline: It is not that I object to the notion that you should have solid design review standards for your community for permanent structures, because no one wants Meridian to build an unattractive city. It's bad for business. It's bad for people moving. I understand all of that. Portables don't fit. And this process is making it very cumbersome for us -- we didn't even get it in for the start of school. Now, I know it was new. We will start earlier. But if you were to ask my personal opinion of the solution, that's a solution. And that is not what's on the table in front of you today. Bird: No. Rountree: But you bring up a point that I'll make yet again is that -- and you have stated. They are not permanent buildings. These are temporary structures. Those are your words. Exline: We have no definition of what that is. And I see temporary structures and not permanent buildings in the grade school in my neighborhood that have been there since it's built. I have been there six years. So that's not neither temporary, nor not permanent. So, there is an issue there as well. Exline: Mr. President, my one suggestion in that regard is in some jurisdictions they would allow you to pass the design standards. If you do not move the building within some specified time frame in the code -- two years or three years is typical -- then, you Meridian City Council October 27, 2009 Page 38 of 51 have to come to City Council to explain either when you're going to move it or what design modifications you're going to make it to now make it, because it's become semi- permanent. Just a suggestion. Rountree: You're reading my mind. On the solutions that were suggested, is there a -- you have indicated you have not had any discussions about these. Is there any willingness on the part of the school district to entertain the neighborhood if they were to bring 15, 20 gallons of quality paint and an individual who knows how to paint that structure? Is there an objection there? Exline: Mr. Chairman, our -- our main objection would be, A, that it needs to be painted by a professional, someone who is -- Rountree: I appreciate that. Exline: -- better than me. My other, however, is -- goes back to my other point that in some way I would ask that we can fix this process, so that each time we move a portable or if I remove that, that I'm not going to have to paint it again, because it doesn't -- again, I go to the gentleman's presentation. He is correct, if you follow that code we should have to modulate, we should have to mitigate the shiny on ramp, we -- much of those things should have to be changed. So, I guess in the end I am at your mercy, because it's your ordinance. But I guess that's the best that I can answer that question. Bird: Mr. President? Rountree: I have got another question. With respect to the light fixture that blinks, it seems to me that from an energy standpoint investment in a motion detector that's not quit as sensitive as the one you have there might save you a few light bulbs and some energy in the long run. Exline: Mr. President, that issue I have to say I'm not familiar with. I assume it's some sort of light sensor, but I don't really know much about its operation, I'm not going to pretend like I do. Rountree: Mr. Bird. Bird: Mr. Exline, I was going to ask on that motion detector, too, why do we have to be 200 and some feet out of there. And another question is let's solve this problem and, then, maybe we can work together on an ordinance for temporary buildings. But right now we have got a problem that we need to -- that we need to solve, not only for you guys, for the school district, but also for the neighborhood and, then, we can work with you. And I know everyone of this Council and the Mayor would be glad to look into what these portable buildings, what we can do if there is some changes we can do to make it better. We are here to help the school district. Heck, we are taxpayers to the school district. You took our kids through school, educated them, and so, you know, we are Meridian City Council • October 27, 2009 Page 39 of 51 here to -- we are here to help, but we also got some citizens that's got a legitimate complaint in this one area I believe. Exline: Councilman Bird, if we felt that we could go forward on trying to somehow make this process work better and we could make the neighborhood happy, I could live with -- with that sort of solution. If it would be appropriate can I ask your planning director a question? Rountree: Direct it to us and we will get an answer for you. Exline: Thank you. I would ask if the planning director has any thoughts on the idea of modifying that design review standard in regards to portables, maybe even limited for the purpose of school capacity. Rountree: Anna. Canning: Mr. President, we -- when we addressed the temporary use issue we talked a lot about temporary buildings and, admittedly, school districts are a little different. We do have a definition of a temporary building, but this is way outside the definition of temporary, which I think is three months is what we have got it at right now. The idea of if it's there longer than two or three years it fully comply with design guidelines might be away to go, but it would be calling out just school district -- probably just Meridian School District, because if you open it up for all schools, then, realize you're opening it for all schools. So, every day care that's also apreschool -- it's a wide door you're opening there. So, the codes don't deal with temporary buildings very well and we didn't call it a temporary building, we -- the CZC implies that it's a permanent building and that's how we treated it, because by our definition that is what it is, so -- Rountree: Thank you. Canning: We can look at other options, but it's -- it's a tricky issue as we detailed as we went through the temporary use ordinances as well. Rountree: And I will put my perspective on that. The design ordinance is an ordinance that we are, as a Council, have implemented with some caution and we have continuous -- continuous review process in place and as measures need to be taken to remedy these kinds of situations we explore them. So, we have -- you have our attention on that issue, so -- Exline: Mr. President, then, maybe one more question. Would it be agreeable if maybe after this meeting I could get together with your planning director Anna Canning, who graduated from the same high school as me -- anyway -- and maybe we could talk about ideas that maybe I could meet with staff to work on ideas about how this ordinance might be made a little bit more agreeable to the use of portables. Meridian City Council October 27, 2009 Page 40 of 51 Rountree: We are always open to suggestions. That's something you need to resolve with your schedule and Anna's schedule. Canning: To clarify, we didn't actually graduate from the same high schools. Exline: We didn't? Where did you graduate from? Rountree: Different schools together. Canning: California. Exline: Did you leave before you graduated? Sorry, I missed that part. She's a year younger than me, I have to admit that, too. Rountree: Well, that's enough. Okay. Any other questions for Eric? Mr. Zaremba. Zaremba: Mr. President, I was just going to add to the comments on the motion sensor light. In my experience most of those are adjustable and I would suggest looking at it and adjusting it. It certainly needs to identify if somebody's coming up the ramp and approaching the building, but I would make it as narrowly sensitive as possible and I think it's probably just turning a knob on it someplace. Hoaglun: And, Mr. President, a comment, since we are on this. I mean we talk about temporary, we talk about permanent, and we have those categories, you know, and we -- we are trying to be flexible on this ordinance and making changes as we go along, because we are learning. I mean it sounds like this is asemi-permanent facility. It could be over there from three to ten years and that is not temporary, but, yet, they can move it and they may move it in the future, that makes it semi-permanent. So, something to think about just for the record. Rountree: Thank you. Any further questions for Eric? Very good. Any further testimony. One time. No, you get one shot. Yeah. You've had your shot. Yeah. Yeah. Any new testimony? You have to come up here and give us your name and address. Whitham: My name is Eric Whitham, 503 Valention. My property backs up almost directly against that building. But in regard to the temporary status, I mean that's one thing I'd like the Council to define or the Meridian School District to define, because I mean as he mentions, he said semi-permanent. I mean that -- that to me classifies that building. So, I mean -- and the Meridian School District is trying to say it's temporary. I don't see it as temporary, so -- and I don't think that they really see it as temporary either. That's my main concern. If it really was temporary, if it was a year I could probably live with it, but, you know, if my house backs up next to it for ten years and I have to look at that stupid thing for ten years, they should comply somewhat. That's my main concern. Meridian City Council • October 27, 2009 Page 41 of 51 Rountree: Thank you. Any new testimony? Seeing none, Council? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearing on Paramount Elementary School portable classrooms. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing on Item 8-A. All those in favor. Opposed same sign? MOTION CARRIED: ALL AYES. Rountree: The hearing is closed. Discussion. Hoaglun: Mr. President? Rountree: Mr. Hoaglun. Hoaglun: Just to start things off, a comment. I really didn't want to be in City Council to be a color cop, but - just a couple of thoughts as I listen to the testimony by the neighbors and Eric and, you know -- and previously, you know, this is a reconsideration, so this is starting brand new. You know, coming from the standpoint, though, of the direction I might go is the fact that as a taxpayer I really don't want citizens to have to pay to make this building comply in terms of architectural features and varied roof lines and all these things that are part of the design process, because that is very expensive and -- and I want to protect the school district from that cost and my pocket book from that cost, because it will dip into all of ours ~at some point in time. But at the same time as I listen to the neighbors and recognize the fact and try to find out, well, how long is this going to be here, it is semi permanent and they are going to have to live with that for several years. We don't know how long and it's really tough for the school district to know and the times that we are in I think Councilman Bird's right, it could be for a very long time and so the question to me is, okay, what is -- well, where -- where can we split the baby if that's possible here and -- and, you know, you look at the paint, go maybe that is an option and the school district I understand the concern, the precedent it might set and if you do move it and it's completely out of character with another location, but -- so, those are the things that I'm weighing in my mind on this issue, but Idon't -- I don't see the need for them to comply totally with the -- what we gave them relief from in the past. I'm still tending to want to give them relief on those architectural designs and that was my question to Mr. Watson when he asked that about -- because if you soften it with architectural features, add landscaping, it will probably fit right in, but -and that's not what they are asking, to their credit. Meridian City Council October 27, 2009 Page 42 of 51 Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I thoroughly agree with not asking for all of the design features, the modulated facades and varied roof lines, and I by no means am a color expert, I'm partially color blind, so I can't tell you what color it is. The one thing that I do notice, though, as was pointed out in the testimony, is the glare that comes off of that building and I would lean towards requesting that it be painted not only a more muted color, but a flat color and I think that would help. Couldn't tell you what color, but -- Bird: Mr. President? Rountree: Mr. Bird. Bird: I have the same question about what color are we going to paint it and how are we going to paint it. I certainly don't want to be the one that selects the color. I don't think 2,100 dollars, if that's -- and I'm sure, knowing Eric, that was probably a pretty good ballpark figure for the paint on that, knowing -- because he's pretty thorough. I think that -- and Idon't -- they got to have it there, let's face the facts, and we are not here to -- to overcrowd the school or anything else, but I think 2,100 dollar investment for the school district is very cheap to make -- to be good neighbors and I'm like Councilman Zaremba, make it a flat, because that does -- I don't know, that's a pretty high gloss paint or -- I think. Or it sure looks like it in the pictures. Maybe the pictures are deceiving. But that would be my -- and I'm not here to make -- you know, want to tell them to do the architecturals or anything like that. That's a very practical building that the school district does. The aluminum ramps and steps are very practical. But I think if you just get a color that will blend in with the school and to me a darker color of some kind would blend in where it wouldn't stand out like a sore thumb. Rountree: My concern still is is the issue of temporary and how can we address that and I do appreciate the comment from Eric Exline about time -- the waiver to a period of time. I'm inclined to maintain our previous decision with the addition that it would be for a period of no more than two years, at which time we would reconsider and request at a minimum effort to pull it into compliance with the design guidelines with respect to fixtures and color. So, we have got all extremes here. I'll entertain a motion if somebody would like to make one. Zaremba: Mr. President, I'll attempt. Rountree: Okay. Zaremba: The request actually is an overturning of a ruling that was already made by the planning director and, again, with an appreciation to the work that the planning director does and understanding that she had no choice, I move that we overturn her decision and waive the architectural and design requirements of this portable Meridian City Council • October 27, 2009 Page 43 of 51 classroom, with the exception of -- one condition would be working with staff to find a more muted color that either is complimentary with the building or -- let me just say muted and also more of a mat finish, so that it is not highly reflective when the sun is shinning on it. And to add the provision that in this case temporary means two years and it will need to be reviewed in two years. End of motion. Rountree: I have a motion. Hoaglun: I'll second that. Rountree: It's been moved and seconded. Discussion? Hoaglun: Mr. President? Rountree: Mr. Hoaglun. Hoaglun: The two years, I had to think about that and I'm assuming, Mr. President and Anna, that this would --they are coming at our request and there is -- that would -- there is no cost to them to do that, because they are not requesting anything -- annexation or anything else, so we are not putting fees onto that, I would assume. Canning: Some clarification as to the motion might help. I had assumed that staff would just bring it forward for Council's discussion, but you might indicate whether you want that to be a public hearing or whether you want it to be initiated by staff or whether you want them to reapply for design review as it may exist at that point, that would be helpful. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: My thinking was that in that two year period our design review standards may have been more tightly defined as to what's temporary and portable and non-temporary and semi temporary, that we will have had some new revision of our new standards that take this better into account and I was thinking it would be astaff-initiated action at that point. Rountree: You want to include that in your motion? Zaremba: Yes. Rountree: Does the second agree? Hoaglun: I agree. Meridian City Council ~ • October 27, 2009 Page 44 of 51 Canning: Just so I can make sure I understand. So, staff will -- in two years staff will initiate a new design review for the portable and report the findings to Council? Zaremba: That works for me. Yes. Rountree: That's my understanding. Canning: Okay. Do you want notice provided to the neighbors or anything? Mr. President, Members of the Council, would you like notice? Sorry. Zaremba: You know, in this one -- I'm not saying that that should be a permanent part of the code, but I would say in this one case let's -- and, unfortunately, the school district is being part of our experiment here, as are the neighbors. As we work out the bugs in this design review process, they are the ones that got caught in it, but I would say, yes, when it comes up for review two years from now the neighbors should be notified. I'm not saying that should be part of the ordinance, though. Maybe we will decide that later. Rountree: Given all the discussion and the diversion from the original motion, I would request that you either submit another motion or restate the motion with what's your intent. Zaremba: I would be happy to attempt to restate it. I move that we overturn the director's initial denial and approve the placement of this temporary building without a requirement for architectural features or roof line modulation, but with a condition that the color be changed to a more muted and mat finish and the condition that staff bring this forward for review again two years from now, at which time it will also be noticed to the neighbors. Hoaglun: I will second that. Rountree: It's been moved and seconded and I won't attempt to restate it. Bird: Mr. President? Rountree: Discussion. Mr. Bird. Bird: Can -- now, in the second motion you didn't say who was going to select the color. Zaremba: I intended to say work with staff. I'm sorry. I did leave that out. Bird: I would -- you entertain saying work with staff, school district, and homeowners association president? Zaremba: I believe that's a good idea. Yes, I incorporate that in the motion. Bird: Don't have a homeowners association? Meridian City Council • • October 27, 2009 Page 45 of 51 Rountree: The developer is. Bird: Oh. Okay. Then, that isn't a good idea, David. Do it your way. I agree with it. Rountree: Motion stands. Zaremba: Okay. It's --thank you. Rountree: Further discussion? Let's have a roll call vote. Roll-Call: Bird, yea; Rountree, nay; Zaremba, yea; Hoaglun, yea. Rountree: Motion passes. MOTION CARRIED: THREE AYES. ONE NAY. B. Public Hearing-V AR 09-004 Ashford Greens Pump House Request for a Variance to UDC 11-3B-7C6 to allow an impervious surface (irrigation pump house) within a street landscape buffer in an R-4 zoning district for Ashford Greens Pump House by Ashford Greens Owners Association -east side of N. Black Cat Road, south ofW. Talamore Boulevard ~ west of N. Waggle Place (Lot 2, Block 19, Ashford Greens Subdivision No.4) Rountree: Next item -- next public hearing is the request for a variance for Ashford Green pump house. Anna. Or Bill. Zaremba: Mr. President, before we start, I am a member of the Ashford Greens homeowners association and I believe it would be appropriate if I excuse myself. Rountree: That would be appropriate. Bird: Mr. President? Rountree: Mr. Bird. Bird: Declaration. One of the members of Ashford Greens called me this morning, Mr. John Goade, asked about the deal. We did not discuss anything regarding it, but I do want to let people know that we had -- he had called, he did not ask for my -- what I thought or anything like that, but he did mention it was on tonight, so -- Rountree: Thank you for disclosing that. I don't find an issue with that. Does anybody else? No? Thank you. It is a public hearing. Bill, are you going to do the staff presentation? Okay. Meridian City Council ~ • October 27, 2009 Page 46 of 51 Parsons: I am, Mr. President, Members of the Council. As you stated earlier, this is a request for a variance to allow a -- not really -- to really approve an existing irrigation facility within the required street buffer. Right now all the -- a portion -- or at least primarily around the development it's all R-4 zoned property, with the exception of the RUT zoned property to the west. This subdivision -- this common lot was platted with the Ashford Greens Subdivision No. 4 in 2000 and at that time that's when the facility was constructed. The site is located on the east side of Black Cat Road and approximately a quarter of a mile or so -- 600 feet from Cheny Lane. This exhibit before you right now shows you where that existing facility is and how it falls within the subdivision. One thing that I would like to point out to Council tonight is the fact that when this subdivision was platted, it was platted with three common lots, two of those lots are along public streets and the other one is the cul-de-sac, the planter island within the cul-de-sac, which terminates at the south boundary. So, there really was no area for this facility to be located, rather than where you see it today. Current ordinance requires that these imgation facilities be located on separate lots solely dedicated for irrigation facilities. Again, because this is a built out subdivision and those homes that abut the back of this facility, there is no other option for this facility to be located outside of that buffer. Here is how it looks from the road. If you were to drive down Black Cat, again, you could see it was enclosed with a six foot fence. The applicant is proposing to remove that fencing and enclose that with a roof structure. On the right-hand side you can see that the facility is above ground. The reason why they are asking for the variance and to enclose the structure is, one to protect it from the weather, because it is a costly facility and, two, is to keep kids out and keep vandalism from happening to their facility. Staff agrees with that logic. I mean, basically, we don't want the public to go in there -- some kid crawling over the fence and hopping into that and possibly getting hurt or electrocuted. So, it certainly makes sense to have that structure enclosed. So, as far as the variance, finding for public safety issue, we could certainly agree with that one. One thing staff did not get a clear clarification from the applicant was how the structure would look and how that would impact the adjacent -- the landscaping that surrounds the site, because it's -- the structure will require a building permit, it requires design review approval per the UDC and so the provision staff has recommended, approval of an impervious surface. However, we haven't recommended approval of the structure that will go over that facility, so I wanted to at least emphasize that to Council that it's important and let the applicant know, if they are in the audience, that we would encourage you to come in, talk with staff, let's look at the proposed building, make sure that you do have some of those architectural features, realizing you won't meet all those requirements of the design review criteria, but we do want to see similar building materials on this and see how it relates to the road and also because there is mature landscaping we will want to make sure that that's either protected or mitigated for if there is any disturbance to that. So, trees were to be removed along that facility, if you look at the left-hand photo here you can see how mature the landscaping is, so if those trees would be lost, you could see how much open that structure would be to the road and so staff would want to -- at that point would want to make sure and look at a landscape plan to see how we could, one, mitigate for those trees and make sure that they are protected. Staff did not receive any written testimony on this application and, again, staff is recommending approval with the stipulation that the applicant come back Meridian City Council October 27, 2009 Page 47 of 51 to us for CZC and design review and with that conclude my presentation, I'd be happy to answer any questions Council may have. Rountree: Questions? Bird: I have none. Rountree: Seeing no questions, this is a public hearing. I have a list with one individual signed up for, Ron Howell. State your name and address for the record. Howell: I'm Ronald Howell. I live at 2622 North Waggle Place in Ashford Greens, about less than a block from the irrigation facility. I am also on the board of directors for the homeowners association. Secretary of the board of directors. And it was my understanding that this was denied and we were coming here to appeal this denial, but it sounds like it hasn't been denied. It's my understanding also -- talk about the landscape -- that in our estimation we don't anticipate having to take any of those trees out. Some of them are going to have to be trimmed back a little bit, the ones on the south side, I believe, and I think it -- certainly what we are planning to put in there is going to look better than the fence that we have there now. It's a six foot fence. We are talking about having the peak of this roof at ten feet and I guess if you have any questions of me I would try to answer them. I don't have any presentation. Rountree: Any questions for Mr. Howell? Bird: I have none. Hoaglun: Mr. President. Mr. Howell ~-- it's Howell, not Powell? Howell: Howell. H-o-w-a-I-I. Hoaglun: Okay. Thank you. One of the things that staff is recommending I read and they mentioned again is going to -- getting a certificate of zoning compliance and going through the design review -- the process. And this for a pump house. Are you familiar with that process? Do you know what that will entail? I don't want you to be surprised here. We might want to discuss this, so you know what the process is. How familiar are you with the next step, let me put it to you that way? Howell: As far as getting permits, I'm not familiar with it. It has been taken care of by our property manager up to this point. Hoaglun: Okay. Mr. President, if you don't mind, if Anna might talk about that process a little bit, just so you know what that is and report back to your association, so -- we just don't want people to go, well, wait a minute, why do we have to go through all that. So, Anna, would you mind doing that? Meridian City Council • • October 27, 2009 Page 48 of 51 Canning: Sure. Sure, Councilman Hoalgun. Because the size of the proposed structure does not fall within the -- kind of the exemption within the building code, you will need to have a building permit and prior to obtaining a building permit you need to, basically, get a site plan approval from the planning and zoning department. So, the action that goes on tonight, if Council acts favorably, what they are saying is you have permission to not follow all of our codes, particularly the one with regard to building in the landscape buffer. So, that's the action tonight. But you still need to meet all our other codes and those would include tree mitigation, if you are losing trees, and also the -- because you have to get -- because this is a permanent structure, then, you're required to meet design review and what the design review looks at is modulations in the facade and the roof -- we are generally looking for windows and articulation, things like that. What Mr. Parsons said in his presentation is we can work with you to -- with alternative compliance to try and soften those and you just sat through the whole hearing on different ways to soften those -- in effects of the building, so with landscaping, with maybe some different color treatments, things like that. But we will have to work with you on coming up with a design that's appropriate for the building and appropriate for the visibility of the building and the area. We are not going to make you look like a -- completely like a house, but we are going to move you a little bit toward that way. Howell: Thank you. Rountree: And just to point to your comment about you thought it was denied, staff does not have the ability to approve or deny a variance of an ordinance, that has to be before Council. We have to do one or the other. I have a question -- you are the secretary of your homeowners association. I assume you have a design review committee and I suspect that this building will go in front of your design review committee for approval and I suspect given the neighborhood that will more than accommodate our needs from a design review perspective, but you still have to bring that forward. Any further questions for Mr. Howell? Thank you. It is a public hearing. Anyone else wish to speak? Steve, you got to have an opportunity to come up here. It is all about water, isn't it? Allred: Pleasure to be here. My name is Steve Allred, 4642 West Dawson in Meridian. Just a couple of comments. This is the first one of the Council meetings that I have been to and I have had an interesting last few years and you do very well. Rountree: Thank you. Allred: Certainly a heck of a lot better than what I saw in Washington D.C. I can assure you -- I'm also on the board and this building will meet our CC&Rs and we will make sure that our people agree with it. I wish we -- I wish it had been done better when it was built, but beside the point. We want to make it nice. We want to make it safe. So, we appreciate your help. Rountree: Very good. Thank you. Any further comments? Need a motion. Meridian City Council • • October 27, 2009 Page 49 of 51 Bird: Mr. President, I move we close the public hearing on VAR 09-004. Hoaglun: Second. Rountree: It's been moved and seconded to close the public hearing on Item 8-B. All in favor. Opposed same sign. Motion passes. MOTION CARRIED: ALL AYES. Rountree: What's your pleasure? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve VAR 09-004 for Ashford Greens pump house, the request for the variance to UDC 11-3B-7C-6, for the imgation pump house and for them to go forward with staff to get their building permit. Hoaglun: Second that. Rountree: It's been moved and seconded to approve the requested variance for the pump house and further compliance with CZC and building permit would still be in effect. All in favor of the motion? Opposed same sign. Motion passes. MOTION CARRIED: ALL AYES. Rountree: Thank you. Thanks for you comment, Steve. We are here to hopefully solve problems and make decisions and I think we do that readily and with a fair amount of thought -- but instantaneous thought because of the pay we receive. Canning: President Rountree, before you adjourn to Executive Session, may I bring up an item -- unless some -- unless the city attorney says you can't comment on it. Rountree: Well, then, how are we going to hear it? Canning: Well, I mean he might stop me mid sentence is what I meant to say. Rountree: Yes, you may. Canning: The discussion in the lobby with the school district and the neighbors centered on the fact that we forgot to clarify the timing of the painting. So, that leaves it to my discretion, so I'm just asking for some guidance, perhaps, on the timing. And we only have two of the people that can comment on that, I suppose, at this point. Meridian City Council • • October 27, 2009 Page 50 of 51 Rountree: Well, we can get David out of -- Baird: Mr. President, I think it will be fine to get some direction to staff without changing your motion or requiring a reopening of the hearing. Rountree: Well, I'll state mine real quick. You know where I'm coming from. It's two years. I didn't vote for the amendment of the motion. Canning: Councilman Zaremba, for your benefit, the discussion in the lobby that occurred after the approval of the portable was the timing of the painting and it's -- I'm just asking Council for some guidance on what you might be saying. It would make it difficult to get it painted right away due to the oncoming cold weather, so if you could, perhaps, just provide some guidance. Zaremba: Let's see. The weather does affect that. Is it a metal building or a wooden -- what's the siding? Rountree: It's wood. Composition, probably. Zaremba: Well, it's not -- Canning: Probably synthetic. Rountree: If it's not done by the end of November, it's not going to happen. Zaremba: Yeah. And I'm thinking that that's really something that a professional painter should decide when it can be painted. I don't have an opinion, but I would say by April, I guess. I was thinking it would be done in the next couple of weeks, but you raise a good point. Hoaglun: I was thinking within six months. If they could do it now, get her done, that gives them through April. If you go November, December, January, February, March, April. Yeah. A good thing I didn't have to take off my shoes. Canning: President Rountree, Members of the Council, within six months would be consistent with other things that we delay due to weather, so that's a -- if you're okay with that I will go with that. Rountree: Nodding of heads? Zaremba: That works forme. Canning: Thank you. Rountree: That works. And you can assign somebody to make sure that happens. Meridian City Council October 27, 2009 Page 51 of 51 Canning: Yes. Bird: Put it on your calendar. Canning: Yeah. I like the way you punted the color to me. Thank you very much. Sorry. Item 9: Executive Session per Idaho State Code 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation) Rountree: We have calendared on the agenda an Executive Session, but we have no need for that and the item we were going to discuss has not changed since the last time we discussed, so I'd entertain a motion. Hoaglun: Mr. President, I move to adjourn. Bird: Second. Rountree: It's been moved and seconded to adjourn. All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:27 P.M. (AUDIO RECORDING ON FI HESE PROCEEDINGS) TAMMY EERD, MAYOR DATE APPROVF~L~C o~~r ti '-., - ~ Fo ATTEST: ~• ~I' JAYCEE . HOLMAN, CITY~L9, ~'sr s~ •,~ .~o ~~ O . q Changes to the Agenda: None ~tem 6.B -Request for Waiver of Fees In 2002, Mr. Rob Haddock entered into a Consent to Annex agreement with the City in return for obtaining city utility service. Mr. Haddock is now contiguous with the Meridian city limits and has requested City Council waiver of annexation fees. UDC 11-SA-7B. grants the Council the authority to waive fees based upon a hardship. In a letter dated October 14, 2009, Mr. Haddock requested a waiver and outlined the reasons for the request. Items 8.A -Paramount Elementary School Portable Classroom Appeal (AP-09-002) Location: The school site is located at 550 W. Producer Drive, east of N. Linder Road & north of W. McMillan Road. Application: Request for reconsideration of the Council's decision on the appeal by the Joint School District No. 2 of the Planning Director's decision on the architectural and design features of a portable classroom at Paramount Elementary School. History: • A Certificate of Zoning Compliance & Design Review application was submitted fora 1,792 square foot portable classroom structure at Paramount Elementary School. Staff reviewed the application & found the proposed structure does not comply with the minimum design standards listed in UDC 11-3A-19 as follows: 1) the building facades visible from the public street (YV. Dietrich Ave.) do not incorporate modulations in the facade; 2) the primary building entrance is not clearly defined by the architectural design of the building; and 3) the roof design does not provide variations in profile through modulation and/or • articulation in accord with the Design Manual. Additionally, landscaping on the site and the architectural character of the building is not consistent with the objectives and guidelines in the Design Manual. Therefore, staff requested the applicant revise the plans submitted with the CZC to comply with the aforementioned standards. • In response, the applicant requested City Council Review of the Director's decision on this matter as they did not wish to revise the plans to comply with design standards. City Council approved the request to overturn the Director's decision regarding compliance with design standards and approved the site plan and building elevations submitted by the applicant, subject to submittal of a request for Alternative Compliance. • A Request for Reconsideration of the City Council's decision was field by Keith Watson, an adjacent neighbor to the elementary school. Mr. Watson states that he did not receive notice of the public hearing for City Council Review of the Director's decision; therefore, he (and other interested parties) did not have the opportunity to present testimony at the hearing. There was some confusion as to the appropriate notice given that it was Council Review of a Director decision instead of a Planning and Zoning Commission decision. At the time, Legal and Planning departments determined that the code was somewhat ambiguous as to whether the full hearing notice provisions were necessary. We opted for a minimal notice as required by State Law that does not include a neighborhood meeting or direct notification to surrounding property owners. (Please note: to avoid this situation in the future, staff will clarify the UDC requirements.) Outstanding Issue(s) for City Council: The City Council should reconsider the Directors denial of the design review application of the portable classroom. In particular, Council should consider the additional testimony regarding the present color scheme of the portable classroom structure and the compatibility with the associated elementary school building. Written Testimony since P&Z Meeting: Several (7) letters of testimony have been submitted in regard to this ~equest. Notes: 10/27/2009 Items 8.B -Ashford Greens Pump House (VAR-09-004) cation: The subject property is located on the east side of Black Cat Road, south of Talamore Boulevard and west of ~aggle Place (Lot 2, Block 19, Ashford Greens Subdivision No. 4). Application: A variance is requested from Section 11-3B-7C6 of the Unified Development Code (CJDC) which prohibits impervious surfaces within the street landscape buffer. Highlights of the Request: The applicant is proposing to remove the existing 6-foot fence and construct a 336 square foot enclosed structure (14' X 24'). T`he existing facility pre-dates the adoption of the UDC and required irrigation facilities to be located on a common lot. Since the vast majority of the platted common lots for the subdivision are the street landscape buffers the facility was constructed within the buffer along Black Cat Road. The applicant contends requiring compliance with the UDC would create a financial and physical hardship to the homeowners within the subdivision. The current ordinance requires an irrigation facility to locate on a lot solely dedicated to the pump station. Currently the subdivision is built-out and a surplus lot is not available making it physically impossible to relocate the facility. In addition, the common lot in which the facility is located backs up against developed residential lots making it impossible to move the facility out of the street landscape buffer. Staff discussed the option of constructing a smaller structure or even replacing the existing facility with newer technology to mitigate the street presence of the facility. It is important to note the size of the structure being proposed is based on the current foot print of the existing facility. The applicant has submitted two bid amounts to demonstrate the cost differences between erecting the proposed structure and upgrading the existing irrigation facility. Based on the submitted documentation, upgrading the existing facility is substantially higher cost to the HOA then erecting the proposed structure. Staff is recommending approval of the variance; however the proposed building and impacts to the existing landscaping need to be evaluated through the CZC and DES process prior to the issuance of a building permit. Staff Recommendation: Staff is recommending approval with the stipulation the applicant submit a CZC and DES application to the Planning Department to ensure compliance with the UDC. Outstanding Issue(s) for City Council: None Written Testimony: A response to the staff report was not submitted by the applicant. Notes: • 10/27/2009 • MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. 5A REQUEST September 1, 2009 Pre-Council Meeting Minutes 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 CHy of Meridian. • MERIDIAN CITY COUNCIL MEETING APPLICANT October 27, 2009 ITEM NO. 5B REQUEST September 14, 2009 City Council Joint Meeting Minutes 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: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the C(ty of Meridian. COMMENTS See Attached Date: • L~ ITEM NO. 5C REQUEST September 22, 2009 City Council Meeting Minutes MERIDIAN CITY COUNCIL MEETING APPLICANT 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: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. October 27, 2009 COMMENTS See Attached Date: • • ~J MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. SD REQUEST October 6, 2009 City Council Meeting Minutes 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: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. 5E REQUEST Agreement Between Ada County Sheriff's Office and the City of Meridian for Records Billing 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: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. COMMENTS See AtFached Phone: • GARY ~IEY- SHERIFF counnY September 16, 2009 Lieutenant John Overton Meridian Police Department 1401 E. ~Vatertower Meridian, ID 83642 RE: Records Billing Agreement for fiscal year 2009-2010 • Dear Lieutenant Overton: Enclosed you will find two original agreements for the above references - matter. Please mark the appropriate box indicating which payment method you prefer. Please have them both signed where indicated and then return both agreements to us. Please mail to: Ada County Sheriff s Office Legal Department 7200 Barrister Drive Boise, ID 83704 As soon as we obtain the Sheriffs signature, we will mail you one fully executed original for your files. If I can be of further assistance, please don't hesitaxe to contact me. Sincerely, GARY RANEY Ada. County Sheriff Q'~ J h .Mallet Chief Legal Advisor to the Sheriff • JDM/ef Enclosures: Agreements (2) 7200 Barrister Drive ~ Boise, Idaho 83704-9217 Tel: 208-577-3000 • Fax: 208-577-3009 • Website: www.adasheriff.org . ADA COUNTY SHERIFF'S OFFICE RECORDS BILLING AGREEMENT This RECORDS BILLING AGREEMENT ("Agreement's is between tine Ada County Sheriffs Office (the "ACSO'~ and the law enforcement agency listed below ("Agency"). This Agreement is a standardized billing agreement for the allocation of costs related to the use, maintenance and upkeep of software, hardware and firmware associated with the New World System utilized by the Ada County Sheriff s Office to manage, track, log and maintain law enforcement files. Agency Utilizing ACSO Centre! Records Resources: Agency Name: Meridian Police Department General Contact Person: Marcia Beeman -Records Supervisor Agency Address: 1401 E. Watertower Meridian. ID 83642 Billing Contact Person: Lieutenant John Overton Email address: Overtonjna.MeridainCit ~~org Telephone No.: 846-7339 i General Terms: This Agreement shall commence on October 1, 2009 and shall continue through September 30, 2010. This Agreement may be reviewed, updated and renewed on an annual basis. Any modifications or extension of this Agreement shall be done in writing and signed by an authorized representative of each party. Relationship: The ACSO utilizes a software system distributed by New World Systems (the "System") through which the ACSO manages, tracks, logs and maintains law enforcement files for and on behalf of the Agency and other law enforcement agencies in the area. The ACSO also maintains the firmware and hardware associated with the System, including but not limited to, digital lines and uninterruptible power sources, (collectively, "Components") in order to maintain the System and Components in optimum working condition. The Agency agrees to help off-.set the costs associated with the operation and maintenance of the System and Components on a proportionately equal basis to the percentage the Agency, through the ACSO, utilizes the System and Components. Payment Calcnlat3on and Billing: To calculate the amount owed by Agency, the ACSO determines the total number of Daily Reports ("DRs'~ pulled through the System for all parties who utilize the ACSO for such function. The ACSO then breaks out the number of DR's pulled specifically for the Agency and every other law enforcement agency to determine the percent of usage. The percent to total of DRs pulled specifically for the Agency represents the percent to total due from the Agency for the costs associated with the System and Components. For Fiscal Year 2009 - 2010. Agency shall remit $16,293.90 to ACSO, -which represents Agency's portion of the costs associated with the System and Software. On an annual basis, using the ACSO's fiscal year of October 1 to September 30, the parties will review the amount due from Agency, as a . percent to total, and this Agreement will be amended each year to show the new amount owed by Agency. Such amendment shall be in writing and signed by authorized representatives of both parties. aecoAOB aniwoaoaeenaovr-Fr Dees The ACSO shall invoice Agency for the amount due. Agency may choose how to remit payment by indicating which payment method it prefers as noted below (pease mazk the appropriate iw~). One annual payment of balance in full due within 30 days of receipt of invoice. Bi-annual payments equal to %z of the total amount due for the current year. The first payment is due on or before October 15`~ with the second payment due on or before March 15s` . Quarterly payments with the first pa~nent due on or before October 15s' and subsequent payments due on January 15s', April 15 ,and July 15~', respectively. The amount to be paid with each installment is '/a of the Agency's total amount due for the current year. ^ Monthly payments with the first ~ayment due by on or before the 15~` of each month and subsequent payments due on the 15 of each following month. Upon request, the ACSO will provide Agency with a breakdown of System and Component costs and percentage allocations. Notices: Notices required or contemplated under this Agreement shall be in writing and mailed or hand delivered to the respective party at the following addresses, or such other addresses as a party hereto may from time to time designate in writing to the other: Agency: As noted above • ACSO: Ada County Sheriff s Office Gary Raney, Ada County Sheriff Ada County Sheriff s Office 7200 Barrister Drive Boise, Idaho 83704 Phone: (208) 577-3303 DATED this ~ day of Se{atea~abe=, 2009. Wove~bcs' CITY OF MERIDIAN Date: 10 .~ ~O 's ~ r SEAL = 9~ ~p~ '~ C+ ~~. 9~ T 1S'~ • ~- b~ RBCORDB 69AIN~ AOAEEMENT- ~Y 00-09 ADA COUNTY SHERIFF'S OFFICE B• Gary Raney, heriff Date: O c,~., ~ Z • • • MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. SF REQUEST Agreement Between Ada County Emergency Medical Services and the City of Meridian for Blood Draw 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. AdaCountyParamedics • Na Anbo~s roe ~~,a awo-..~azroa Peggy Gardner, Administrative Secretary Mayor's Office The City of Meridian 33 E. Broadway Avenue, Suite 300 Meridian, ID 83642 Deaz Ms. Gazdner: Enclosed please find two originals of the Blood Draw Agreement and Business Associates Agreement between the City of Meridian and the Ada. County EMS District. Will you please have all of the originals signed and then return all of them to me. Once the Board of • Ada County Commissioners sign them in an Open Business meeting and the Ada County Clerk attest them, I will return one of each completed original agreement to you. Thank you for your help with this master. If you have any questions, please feel free to contact me. Sincerely, Stacy Winn Administrative Specialist Enc.: Blood Draw Agreement Business Associates Agreement Four Original Documents Troy M. Hagen, Director P.O. Box 140209 5870 Glenwood • Boise, ID 83714-0209 208-287-2950 phone 208-287-2999 fax adaparamedics.org AGREEMENT NO. _ (f °~ BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN, IDAHO . THIS AGREEMENT ("Agreement's is entered into this 1st day of Octolxr, 2009, by and between Ada County Emergency Medical Services District, a duty formed and existing ambulance District pursuant to the Laws of the State of Idaho (hereinafter "EMS', and the City of Meridian, a municipal corporation of the State of Idaho and its Police Department (hereinafter "City"). WITNESSETH WHEREAS, the City requires blood drawing services for the purposes of determining - content of alcohol or other intoxicating substances in persons held by law enforcement authorities, pursuant to Idaho Code § 18-8004, or any successor statute thereto; and WHEREAS, EMS is an entity whose personnel are authorized to draw blood for the of determinin content of alcohol or other intoxicatin substances, and is willing to Purposes g g provide such blood drawing services. NOW THEREFORE, the parties agree as follows: 1. EMS will provide necessary blood drawing,services to the City on an on-call basis, 24 hours per day, seven days per week, usually within one hour. 2. The City shall request such services by notifying EMS through EMS dispatch. Notification shall not be made until such time as City personnel are ready for EMS to take the blood draw. 3. EMS will provide such blood draw services at all hospitals located in Ada County and at the Ada County Jail. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 1 n:lomslblood draw meridia~t agent 09-10.dac 4. The City shall be required to purchase and provide Blood Draw Kits for use by EMS in drawing blood for evidentiary purposes. EMS shall not be required to provide the Blood Draw Kits. 5. The City will maintain the necessary chain of evidence by retaining visual custody and physical control of the person while blood is drawn, and will retain the chain of possession by maintaining physical control of the Blood Draw Kit and the delivery of the sealed kit to the designated lab for the desired tests. EMS will not offer instruction on the care, custody or control of the blood sample. 6. Once the blood sample has been drawn by EMS, EMS personnel shall initial the blood vials, complete any necessary forms, and shall immediately turn the sample over to City personnel. • 7. EMS will not be required to perform blood analysis, nor shall EMS collect any other bodily fluids or human tissue for evidentiary purposes. 8. In performing blood draw services, under no circumstances will EMS use force upon, or assist in subduing, a subject who physically resists blood drawing. 9. In performing blood drawing services, EMS will not discriminate against any persons on the basis of race, color, religion, sex, national origin, age, or physical handicap. 10. The City shall pay EMS Two Hundred Ten Dollars ($210.00} for each blood draw taken pursuant to this Agreement. 11. Should EMS personnel be subpoenaed to testify in any court pmce~ing or deposition regarding any blood draw performed pursuant to this Agreement, and should such personnel then appear in response to said subpoena, the City will pay EMS an additional Two • Hundred Dollars ($200.00). If EMS personnel are subp~naed to testify and such proceeding is BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 2 n:lemswlaod draw meridian agent o9-lo.doc • vacated or cancelled with sufficient notice to allow EMS personnel to be notified of such vacation or cancellation, then no additional fee will be charged. For the purposes of this Agreement, forty- eight (48) hours notice in advance of the scheduled testimony is deemed to be sufficient notice. 12. The subpoena process shall be coordinated by the EMS Administrative Secretary. Subpoenas shall be sent to the named EMS Paramedic, in care of Ada County Emergency Medical Services, P.O. Box 140209, Boise, Idaho 83714, or shall be hand delivered to 5870 Glenwood Street, Boise, Idaho 83714. All correspondence related to blood draws, subpoenas, or court appearances shall be directed to the Administn3tive Secretary. 13. EMS will invoice the City on a monthly basis for services rendered in connection with this Agreement. Such invoice shall be paid by the City within thirty (30) days of receipt of said invoice. • 14. 'Iverm of Agreement: The services to be performed under this Agreement shall commence on the date signed by the parties and shall terminate on September 30, 2010. The Agreement may be terminated by either party upon thirty (30) days written notice. In the event this Agreement should be terminated, EMS shall have no claim against the City other than for services due and owing up to the date of termination. This Agreement may ~ renewed for additional one- year terms. 15. Notices: Any and all notices required to be given by either of the parries 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: The City of Meridian Ada County EMS 33 East Broadway Ave., Ste 300 5870 Glenwood Street Meridian, Idaho 83642 Boise, Idaho 83714 BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 3 n:~emsiblood draw meridian agent ll9-l0.doc • Either ma Chan a their address for the se of this h b 'vin written FAY Y g P~ P~'aP Y ~ g notice of such change to the other in the manner herein provided. 16. Assignment: It is expressly agreed and understood by the parties hereto, that EMS shall not have the right to assign, transfer, hypothecate, or sell any of its rights under this Agreement except upon the prior written consent of the City. 17. Compliance with Laws: This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of Idaho. In performing the scope of services required hereunder, EMS shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments, including but not limited to, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). 18. Indemnification. Defense, and Inswancx: EMS understands that it is afforded • certain protections pursuant to Idaho Code §§ 18-8002(6) and (6xa). The City, notwithstanding these protections, hereby agrees to hold Ada County and Ada County EMS, its officers, agents, and employees harmless and agrees to provide any necessary legal defense from and against all claims, liabilities, causes of action, or penalties, arising out of any requests for blood samples by law enforcement officers or any blood drawing services provided pursuant to this Agreement, including, but not limited to, claims for assault, battery, false imprisonment, and violations of constitutional or civil rights arising under the United States or Idaho Constitutions, statutory or common law; however, nothing in this paragraph shall relieve EMS from any legal liability and/or defense costs arising out of or in connection with claims for negligence in the performance of the services described herein. Ada County is aself-insured entity. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 4 n:khnslblood draw meridian agmt 09-IO.doc 19. EMS shall be considered an in ndent contractor for the Ci and shall retain all ~ ~~ discretion concerning the procedures to be used to properly draw blood. As an independent contractor, EMS shall not be considered an employee of the City, and therefore, shall not be entitled to any personnel benefits nor be subject to the provisions of the City's Personnel Policy. 20. The Agreement between the City and EMS is independent of any employment EMS currently has with any other entity, and said entity shall not be considered a party to this Agreement and has not approved of nor consented to any of the terms or conditions set forth herein. 21. EMS hereby agrees to take all measures necessary to continue to be sa qualified during the term of this Agreement. All costs incurred in maintaiting such qualifications, including, but not limited to, costs of training, testing, and licensing, if any there may be, shall be borne by EMS. If EMS either is not so qualified at the time of execution of this Agreement, or does not • remain continuously so qualified throughout the term of this Agreement, EMS will be held to have materially breached this contract. 22. Entire A~ment: This Agreement constitutes the entire agreement of the parties and supersedes any and all other Agreements or understanding, oral or written, whether previous to the execution hereof or contemporaneous herewith. lIN WITI~TESS WHEREOF, the parties have executed this Agreement on the date and year written above. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 5 n:lemslblood dnnv mcridion agent 09-10.doc • A Navarro, Ada County Clerk • Board of Eme envy Medical Services District ~/~ ^ r Fred Tilman, Chairman gy; ~y% . Shazon M. Ullman, Commissioner By: Rick Y~iguirre, Co io BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 6 n:lemsWiaod draw meridian agent 09-1 O.doc City of Meridian e ~ ~'~Mayor of Meridian eridian City Council By; lie Roundtree, President By: Keith Bir By: David Zaremba By: Brad Hoaglun ATTEST: ,•~~y OF ~JQj~ ~•, ~' r~ y ''. aycee loran, Meridian City~ler SEAL ~~ '-; 94 GSTtst,~ ~0~~ ' '9 P `~ BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 7 n:~emslbi~d draw meridian agent 04-IO.doc • MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. SG REQUEST Business Associate Agreement Between Ada County Emergency Medical Services and City of Meridain 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: Matersals presented at public meetings shall become property of the Cffy of Meridian. •, AdaCountyParamedics Neighbors for Life October 16, 2009 Peggy Gardner, Administrative Secretary Mayor's Office The City of Meridian 33 E. Broadway Avenue, Suite 300 Meridian, ID 83642 Dear Ms. Gardner. Enclosed please find two originals of the Blood Draw Agreement and Business Associates Agreement between the City of Meridian and the Ada County EMS District. Will you please have all of the originals signed and then return all of them to me. Once the Board of • Ada. County Co*nmi~Qioners sign them in an Open Business meeting and the Ada County Clerk attest them, I will return one of each completed original agreement to you. Thank you for your help with this matter. If you have any questions, please feel free to contact me. Sincerely, ~~' Stacy Winn Administrative Specialist Enc.: Blood Draw Agreement Business Associates Agreement Four Original Documents .7 Troy M. Hagen, Director P.O. Box 140209 5870 Glenwood Boise, ID 837140209 208-287-2950 phone 208-Z87-2999 fax adaparamedics.org Agreement No. g ~"~ ADA COUNTY AND THE CITY OF MERIDIAN BUSINESS ASSOCIATE AGREEMENT THIS AGREEMENT is entered this 1st day of October, 2009, between Ada County and its Emergency Medical Services District, a duly formed and existing ambulance district pursuant to the laws of the State of Idaho (hereinafter "Covered Entity"}, and The City of Meridian and its Police Department (hereinafter "Business Associate'. WITNESSETH WHEREAS, sections of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), known as the "Administrative Simplification Provisions," direct the Department of Health and Human Services to develop standards to protect the security, confidentiality and integrity of health information. Pursuant to those provisions, the Secretary of Health and Human Services has issued regulations known as the "HIPAA Privacy Rule;" WHEREAS, to the extent to which Ada County EMS may be a covered entity pursuant to HIPAA and may be required to enter into a business associate agreement, the Parties wish to enter into or have entered into an arrangement in which the Business Associate will provide certain services to the Covered Entity, and since the Business Associate may have access to Protected Health Information in fulfilling its responsibilities under the arrangement, the Parties agree to the provisions of this Agreement in order to address the requirements of the HIPAA Privacy Rule and to protect the interests of both Parties. NOW, THEREFORE, the parties hereto mutually agree as follows: BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN -PAGE I n:lemslmeridian city business associate agreement 09-10.doc I, DEFINITIONS Except as otherwise defined herein, any and all capitalized terms in the Agreement shall have the definitions set forth in the HIPAA Privacy Rule. In the event of an inconsistency between the provisions of this Agreement and mandatory provisions of the HIPAA Privacy Rule, as amended, the HIPAA Privacy Rule shall control. Where provisions of this Agreement are different than those mandated in the HIPAA Privacy Rule, but are nonetheless permitted by the HIPAA Privacy Rule, the provisions of this Agreement shall control. The Term "Protected Health Information": means individually identifiable health information, including without limitation, all demographic medical and financial information, data, documentation, and materials, that relate to the past, present or future health status or health care of an individual, and that identifies the individual or with respect to which there is a reasonable basis to believe the information can be u~d to identify the individual. The Business Associate acknowledges and agrees all the Protected Health Information that is created or received by the Covered Entity and that is disclosed or made available in any form, including paper, record, oral communication, audio recording, and electronic display by the Covered Entity or its operating units, to the Business Associate, or that is created or received by the Business Associate on the Covered Entity's behalf, shall be subject to this Agreement. II. CONFIDENTIALITY REQUIREMENTS (a) Business Associate agrees: i. To use or disclose any Protected Health Information solely: (1) for meeting its obligations as set forth in any agreements between the Parties to perform functions, activities, or services for, or on behalf of, the Covered Entity or (Z) as required by applicable law, rule or C BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN -PAGE 2 n:lemsMeridian city business associate agreement 04-10.doc • regulation or by an accrediting or credentializing organization to whom the Covered Entity is required to disclose such information or (3) as otherwise permitted under this Agreement or the HIPAA Privacy Rule, and as would be permitted by the HIPAA Privacy Rule if such use or disclosure were made by the Covered Entity; ii. To ensure that its agents, including any subcontractors, to whom it provides Protected Health Information that is received from or created by the Business Associate on behalf of the Covered Entity, agrees to the same restrictions and conditions that apply to the Business Associate with respect to such information. In addition, the Business Associate agrees to take reasonable steps to ensure that its employees' actions or omissions do not cause the Business Associate to breach the terms of this Agreement; and iii. At the termination of this Agreement, or upon the request of the Covered Entity, whichever occurs first, the Business Associate will return or destroy all Protected Health Information received from or created or received by the Business Associate on behalf of the Covered Entity that the Business Associate still maintains in any forth and retain no copies of such information, if feasible, If such return or destruction is not feasible, the Business Associate will extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information not feasible. BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CI TY OF MERIDIAN -PAGE 3 n:kmsMeridian city business associate agreement 09-1 O.doc • (b) Notwithstanding the prohibitions set forth in this A Bement, the Business Associate may use and disclose Protected Health Information as follows: i. If necessary, for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that as to any such disclosure the following requirements are met: 1. The disclosure is required by law; or 2. The Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law for the purpose for which it was disclosed • to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached; (c) The Business Associate will implement appropriate administrative and physical safeguards to prevent the use or disclosure of Protected Health Information other than for those uses or disclosures as permitted in this Agreement. The Secretary of Health and Human Services shall have the right to audit the Business Associates records and practices related to the use and disclosure of Protected Health Information to ensure the Covered Entity's compliance with the terms of the HIPAA Privacy Rule. The Business Associate shall report to the Covered Entity any use or disclosure of Protected Health Information which is not in compliance with the terms of this Agreement of • BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN -PAGE 4 n:\ems~n-eridian city busintxs asgoeisue trereement 09-10.dx which it becomes aware. In addition, the Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of Protected Health Information by the Business Associate in violation of the requirements of this Agreement. III. AVAILABILITY OF PHI The Business Associate agrees to make Protected Health Information available to the extent and manner required by the HIPAA Privacy Rule. The Business Associate agrees to make Protected Health Information available for amendment and incorporate any amendments to Protected Health Information in accordance with the requirements of the H1PAA Privacy Rule. [n addition, the Business Associate agrees to make Protected Health Information available for the purposes of accounting of disclosures, as required by the HIPAA Privacy Rule. • IV. TERMINATION Notwithstanding anything in this Agreement to the contrary, either Party may terminate this Agreement upon thirty (30) days written notice. The Covered Entity shall have the right to ternunate this Agreement immediately if the Covered Entity determines that the Business Associate has violated any material term of this Agreement. If the Covered Entity reasonably believes that the Business Associate will violate a material term of this Agreement, and where practicable, the Covered Entity gives written notice to the Business Associate of such belief within a reasonable time after forming such a belief, and the Business Associate fails to provide adequate written assurances to the Covered Entity that it will not breach the cited term of this Agreement within a reasonable period of time given the specific circumstances, but in any event, before the threatened breach is to occur, then the Covered Entity shall have the right to terminate this Agreement immediately. • BUSINESS ASSOCIATE AGREEMENT BEWTEEN AD A COUNTY EMS AND THE CITY OF MERIDIAN -PAGE 5 n:\etnsMeridian city business associate amt ~1-l0.dce • V. MISCELLANEOUS Except as expressly stated herein or in the HIPAA Privacy Rule, the Parties to this Agreement do not intend to create any rights for third parties. The obligations of the Business Associate under this Agreement shall survive the expiration, termination or cancellation of this Agreement and/or the business relationship of the Parties, and shall continue to bind the Business Associate, its agents, employees, contractors, successors and assignees as set forth herein. This Agreement may be amended or modified only in writing, and the amendment or modification must be signed by both Parties. No Party may assign its respective rights and obligations under this Agreement without the consent of the other Party. None of the provisions of this Agreement aze intended to create, nor will they be deemed to create, any relationship between the Parties other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of this Agreement and any other agreements between the Pazties evidencing their business relationship. This Agreement will be governed by the laws of the State of Idaho. No change, waiver or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any obligation, on any other occasion. The Parties agree that, in the event that any documentation of the arrangement pursuant to which the Business Associate provides services to the Covered Entity contains provisions relating to the use or disclosure of Protected Health Information which are more restrictive than the provisions of this Agreement, the provisions of the more restrictive documentation will control. The provisions of this Agreement are intended to establish the minimum requirements regarding the Business Associate's use and disclosure of Protected Health Information. • BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN -PAGE 6 n:1~nsMeridian city business associate agreement 09-10.doc a In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full force and effect. In addition, in the event a Party believes in good faith that any provision of this Agreement fails to comply with the then-current requirements of the H1PAA Privacy Rule, such party shall notify the other party in writing. For a period of up to thirty (30) days, the Parties shall address in good faith such concern and amend the terms of this Agreement, if necessary, to bring it into compliance. If, after such thirty (30) day period, the Agreement fails to comply with the HIPAA Privacy Rule, and its requirements, then either Party has the right to terminate upon written notice to the other Party, IN WITI~TESS WHEREOF, the parties have executed this Agreement on the date and year written above. Board of Emergency Medical Services DistrYct By: F ed Tilman, Chainman By: . Sharon M. Ullman, Commissioner By: Rick Yzaguirre, i sinner A'I~EST: Navarro,l~da County Clerk BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN -PAGE 7 n:lemsUneridian city business as~ciau agreement 09-IO.doc City of Meridian sy: c ~-- ~ . Q ~ , QCfi n~ Mayor of Meridian radian City Council By: Char Roundtree, President By: Keith Bird By: David Zaremba sy: Brad Hoaglun ATTEST: ``````~~~~ pF o~~ti ~~~','' T~ s aycee lman, Meridian City~ler ? SEAL r y Est • P1Q ~.. ~~~rl/l!littl Illlll~~`` BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN -PAGE 8 n:lemsurteridian city business associate agreement 09-I O.d~ • MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. 5H REQUEST Change Order # 1 to Original Contract Dated June 24, 2009 for PRV Scada Installation with AME Electric, LLC For a Not To Exceed Amount of $8,079.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS 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. ~ ~~i~E IDIAN ~L1b1;C IDAHO :7 Forks Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Worthington, P.E. Staff Engineer DATE: 10/7/2009 SUBJECT: PRV SCADA INSTALLATION-CHANGE ORDER #1 (OCTOBER 27, 2009 CONSENT AGENDA) I. A. Move to: ACTION Mayor Tanm~y de Weerd eaar ~~ Kefth Btrd Brad Hoaglun CKar1m Rountree Qautd 2aremba 1. Approve change order #1 with AME Electric, l..L.C, for PRV SCADA Installation in an amount of $8,079 and; • 2. Authorize the Mayor to sign the change order II. DEPARTIYIENT CONTACT PERSONS Clint Worthington, Staff Engineer (Project Manager) 489-0349 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 Page 1 of 3 III. DESCRIPTION A. Background The original contract for this project was to install SCADA controls in four remaining PRV's that were not originally equipped with SCADA. As part of this construction, a new series of radio was installed to limit interference between other facilities throughout the City. In order for the SCADA to function with these new radios, new equipment was required to be installed at the base station at the water departme~ Well 27 and VWeI128 will also be online in the next few months which will also be equipped with the same upgraded radios. B. Chantte Order This change order is for the installation of a new PLC, radio, and antenna at the water department to receive SCADA signal from four PRV's, and two new Wells. This change order will also allow for futwe projects requiring SCADA controls. N. IMPACT A. Strategic Impact: 'T'his project meets our mission requirements to indentify and prioritize work to anticipate, plan . and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial steward'ship: B. ServicelDelivery Imnact: SCADA controls allow the city to log and monitor information from both water and wastewater facilities through the city. The ability to receive this information at a centralized location is vital to emergency response, service interruption response, equipment maintenance and optimization, and future planning. C. FiscalIm~act- PRV SCADA Installation Original Contract Price $55,955 Change Order No. 1 +$8,079 Final Project Costs $64,034 Praject Funding Enterprise Fund for Water Line Ext~sions $718,377.40 r ~ Poge 2 oj3 V. TIME CONSTRAINTS The installation of the SCADA equipment in the PItV's is finished aad Well 27 and Well 2$ will be on line by the beginning of 2010. In order to receive signal from these faciliries to the water department, this new equipment needs to be installed. Council's approval will allow the installation of the equipment by the end of November of this year. VI. LIST O]F ATTACHMENTS A. Contract Change Order Form .t Approved for Council Agenda: Tom Barry, Director of Public Wor !~-ao-a~ Date Patge3of3 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • n Change Order No.: 1 ProJeil Number. 767b ~~: 10/7/2009 Effective Date: CONTRACTOR: AME Electric, Inc. PROJECT: PRV SCADA INSTALL The Contractor is hereby directed to make the follorWng changes from the Contract Documerrts and Plans. Desciptlon: 1) Addition of a new PLC, radio, anti antenna at the water department 2) 3) 4) Reason for Change Order: These new components Head to be added to the water department base station in order to get SCADA signal from our newest PRV's, Well 27 and well 28. Attochments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contrail Price: $55,955.00 Original Contrail Completion Date: Original Contrail Completion Days: Net granges form previous C.O.'s.: Net Days change form previous C.O: s: No. 0 m Q No. 0 to 0 $0.00 Contrail Price Prior m this C.O.: Contrail Completion Date before this C.O.: $55,955.00 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $s,o79.ao Contrail Price with all Approves C.O.'s: Contrail Completion Date with all Approves C.O.'s: $64,034.00 RECOMMEN,D[E~D: (CONSTRUCTION MANAGER) ACCEPTED (CONTRACT Date: i o% 3 ~ o ~ Date: - ~ - APPROVED: (CITY P COUNCIL APPROVAL ``,~~~~uuirui By: Kei~ Watts `~~~~,`.~ ~ i~~i ®® ~~iis~~'O ~'~~-- ~"'~ 4 7i~~~ ~~~ ~ ~ ~ Date: Il - l0 - ® ~~ 0 ~ APPROVED_,;.,(GI'rY) ? A T: __ ~~ ~~~ ~,~ By: Mayar eerd y ity G~git, Jay Holman Date: ~ ~ l7 ' l~~ % "~ .~~' ~ l?' C7c? 'f~~~~r/II~~~~~~11~~~```` • MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. SI REQUEST Change Order # 1 to Original Contract Dated June 30, 2009 for City Hall Cameras & Installation with Apex Integrated Security Solutions for a Not to Exceed Amount of $38,160.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PURCHASING 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 Contacted: Date: Phone: • Emailed: Staff Initials: Materials presented at public meetings shall become properfy of the City of Meridian. See Attached CITY OF MERIDIAN 33 EAST BROADWAY MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 1 PROJECT N0. DATE: ~ 0!19!09 EFFECTIVE DATE: 10119/09 CONTRACTOR: APEX INTEGRATED SECURITY SOLUTIONS PROJECT: MERIDIAN CITY HALL SECURITY ADDITIONS The Contractor ~ hereby directed to make the following changes from the Contract Documerns and Plans. Desciptlon: Addition of 11 Atxess Control Devices per the aileched Sow of Work, Reason for change order: Additional access control points per Council recammendatiori Attaeheme~: Seope Of Work CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Origtnel Corurad Price S 34,350.00 Original Conirad Tfmce: Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ No._ to _ Gender dope) $0.00 Contrail Price Prktr to ihls Change Order. Contrail Times prior to this Change Order. (calendar daps) $34,350.00 Net Increase {decrease) of fh~ Change Order. Net Increase (decrease) of ~ Change Order. (catertderdays) $38,160.00 Cantrad Price with all Approved Change Orders: Contract Times with ail Approved Change Orders; (calendar days} $72,510.00 RECOMMENDED: (Constn~tlon Manager) APPR41lED' (CITY PU R C HASING AGENT) f ~ f ' Date: .~~~~.~ ~ ~~~- ~a - ~ - o , ,, ACCEPTED: (Contras OVER BY COUNCIL ~ O ~~~ Date: ~ NDAO S NATt?RrE/R'~~EQUIRED ~7 ~ / /~ - ~ I ch / V APPROVED:JGi~q~' - : ~ By: Ma~ammy de ~C l ~ ~ C~j1~Clerk, Jaycee L. HoMan iv a1 ~ Date: ~ -~ - ZDI ~ ~~~rsirrrw , Ddt~. ~ _~ -•'?.O I C~ - • Attachment A SCOPE OF WORK Add 11 additional access control devices to the new City Hall Site, three (3) on the basement level of the building, five (5) on the first floor of the building, one (1 } on the second floor of the building, and two (2) on the 3`~ floor of the building per the following specfications. To include all required Lenel Licensing. Required cabling must be run in the cable trays located in the access flooring. BASEMENT LEVEL ACCESS Ct~NTROL DEVICES Door # 202 Women's Lockers 1 Lenel Access Control Hardware 1 Misc. Materials and Supplies 1 Locking Hardware -Provided by ABS * Magnetic Lock 1 Labor. Installation, Programming and Testing Totai: $3,085.00 Door # 018 Exercise Room . 1 Lenel Access Control Hardware 1 Misc. Materials and Supplies 1 Locking Hardware -Provided by ABS '` Electric Hinge * Electric Lockset 1 Labor. Installation, Programming and Testing Total: $3,115.00 Door # p14A Clerks Fife Room 1 Lenel Access Control Hardware 1 Misc. Materials and Supplies 1 Locking Hardware -Provided by ABS * Electric Hinge * Electric Lockset 1 Labor. Installation, Programming and Testing Total: $3,115.00 FIRST FLOOR ACCESS CONTROL DEVICES. Door #: 135A Chambers Left Side -Electrified Locking Hardware, No Reader 1 Lenel Access Control Hardware {No Reader) 1 Misc. Materials and Supplies 1 Locking Hardware -Provided by ABS * Electric Hinge * Electric Lockset • 1 Labor. Installation, Programming and Testing Total: $2,685.00 • Door #129 Receiving Interior Door 1 Lenel Access Control Hardware 1 Misc. Materials and Supplies 1 Locking Hardware -Provided by ABS * Electric Hinge * Electric Lockset 1 Labor. Installation, Programming and Testing Total: $3.115.00 Door #128 Mail Room 1 Lenel Access Control Hardware 1 Misc. Materials and Supplies 1 Locking Hardware -Provided by ABS Electric Hinge `Electric Lockset 1 Labor. Installation, Programming and Testing Total: $3,115.00 Door #1356 Chambers Door (right entry only) 1 Lenel Access Control Hardware 1 Misc. Materials and Supplies 1 Locking Hardware -Provided by ABS * Auto Operator * Electric Hinge x2 • * Elec#ric Rail x2 1 Labor. Installation, Programming and Testing Total: $7,160.00 Door #152 Cashier to OfFce 1 Lenel Access Control Hardware 1 Misc. Materials and Supplies 1 Locking Hardware -Provided by ABS * Electric Hinge * Elec#ric Lockset 1 Labor. Installation, Programming and Testing Total: $3,115.00 SECOND FLOOR ACCESS CONTROL DEVICES Door #224 East Corridor to Hall 1 Lenel Access Control Hardware 1 Misc. Materials and Supplies 1 Locking Hardware -Provided by ABS * Electric Hinge `Electric Lockset 1 Labor. Installation, Programming and Testing Total: $3,115.00 • THIRD FLOOR ~-CCESS CONTROL DEVICES Door # 321 Attorney Reception 1 Lenel Access Control Hardware 1 Misc. Materials and Supplies 1 Locking Hardware -Provided by ABS " Magnetic Lock 1 Labor. Installation, Programming and Testing Total: $3,270.00 Door # 325 Mayors Reception 1 Lenel Access Control Hardware 1 Misc. Materials and Supplies 1 Locking Hardware -Provided by ABS * Magnetic Lock 1 Labor. Installation, Programming and Testing Total: $3.270.00 • • Attachment B MILESTONE /PAYMENT SCHEDULE • A. Total and complete compensation for this Agreement shall not exceed $38,160.00. TASK DESCRIPTION AMOUNT A, Door # 202 Women's Lockers $3,085.00 g. Door # 018 Exercise Room $3,115.00 C• Door # 014A Clerks File Room $3,115.00 D Door #: 135A Chambers Left Side - Electrified Locking Hardware, No Reader $2,685.00 E• Door #129 Receirring Interior Door $3,115.00 F. Door #128 Mail Room $3,115.00 G• Door #1358 Chambers Door (right entry only) $7,160.00 H. Door #152 Cashier to Office $3,115.00 I• Door #224 East Corridor to Hail $3,115.00 ~- Door # 321 Attorney Reception $3,270.00 K, Door # 325 Mayors Reception $3,270.00 TOTAL $38,160.00 • MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. SJ REQUEST Task Order # 10095 for McMillan and Locust Grove Intersection Utility Improvements with Civil Survey Consultants, Inc. for a Not to Exceed Amount of $15,725.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS DEPT: See AtFached • 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 CHy of Merldlan. • ~~i~E IDIAN P11b1~C I DA N O Works ~e~art~ne~t TO: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE: October 7, 2009 SUBJECT: Task Order NO.10495 with Civil Swvey Consultants Inc I. RECOMMENDED ACTION Mayor Tamm~+ de Weerd air a.~ M~6ot, rc~a, Bw Brcd Hoaglun ChaaEes Roia~tree Dautd Zarem6e A. Move to: • 1. Approve ~e Task Order with Civil Survey Consultants for the McMillan Road and Locust Grove Road Intersection Utility Improvements, Not-To- Exceed amount of $15,725; and 2. Authorize the. Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Tim Curns, Project Manager 489-0342 III. DESCRIPTION Background The Ada County Highway District will begin reconstruction of the Mclltillan/Locust Grove intersection in the late fall of 2010. As part of the reconstruction, City of Meridian utilities will need to be adjusted to meet State required clearances. Also, the construction will allow the City to connect a section of water main that has not been possible before. The option of constructing utility stubs to nei~boring properties can also be made available. Page 1 of 2 O IV. IMPACT a strategic Impact: The project furthers the goal of Public Works to provide safe and reliable drinking water. H. Service/Delivery Impact: Additional customers may have access to City utilities. Also, the new water main connection will bring a section of infrastructure into utility corridor compliance, minimizing future utility conflicts C. Fiscal Impact: The Not To-Exceed amount for Task Order No. 10095 is $15,725. V. ALTERNATIVES Council may choose not to approve the Task Order. However, this is not • recommended as the project timcliae is short and a design engineer must be contracted to design changes required by the ACRD construction. VI. TIME CONSTRAINTS The timeline for the intersection project being constructed by ACRD has been accelerated. The timeline for design is, therefore, tight and the City's utility plans will need to be completed by spring of 2010. VII. LIST OF ATTACHMENTS A. Task Order No. 10095 -Original Copy, signed by Consultant Approved for Council Agenda: Tom Barry, Director of Public or • la~~?o~o! Date Page 2 of 3 . TASK ORDER N0.10095 C1TY OF MERIDIAN AND CIV1L SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants, and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN MCMILLAN ROAD & LOCUST GROVE ROAD INTERSECTION UTILITY IMPROVEMENTS PURPOSE The Engineer's scope of services, time of completion, and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 10095 -Design and Construction • Per the City's request, the Engineer will provide professional engineering services related to the design of new and relocated water and sewer system improvements to be constructed in conjunction with the Ada County Highway District Project No. 307010. The Engineer's scope of services is as follows: Task 1-Design Water and Sewer System Improvements 1.1 Adjust approximately 14 existing water valves. 1.2 Adjust water mains and water services where conflicts exist with new storm drain or irrigation pipes. Adjust existing water mains under the two Letup Canal box culverts. 1.3 Extend approximately 20 feet of the 12 inch water main on the west leg of McMillan Road to connect with the existing stubbed main within the intersection with Locust Grove Road and abandon approximately the 65 feet of 12 inch water main traveling diagonally through the intersection. 1.4 Provide water aad sewer service stubs to parcels 85147490700 and 85147490609, if requested by property owner. • 1 of 3 Task 2 -Construction Document Preparation and Review 2.1 Develop plans and specifications and bid schedule that meet current design standards and standard specifications of the City and ISPWC. Plans to meet the foQowing criteria: - Cover, general notes, plan and profile, key notes, and City standard detail sheets. - Scale of drawings: 1 "=40' -Existing utilities shown - Existing and proposed storm drain and roadway features shown -Adjacent property lines - Symbols legend - Layout and block to match ACHD's Plans 2.2 Submit plans to ACHD for review and approval prior to construction. 23 Subnvt 2 physical copies of full size plans and specifications for review at 100% design to City Engineering for review and QLPE, Engineer to revise plans as necessary. 2.4 Prepare final construction documents with inclusion of any addenda from the bidding phase and provide one physical copy for City's use and 10 physical copies for contractor's use. Task 3 -Construction Services 3.1 Provide one set of construction stakes for the service stubs to parcels 85147490700 and 85147490609. The city will provide Engineer with a complete set of ACHD's roadway design plans that shave horizontal and vertical control points used for the roadway design. 3.2 Attend pre-construction meeting. 3.3 Answer any RFI's from the contractor about the design. 3.4 Prepare record drawings meeting the City of Meridian Acceptance of Record/Eleclronic Drawl»gs, dated August 26, 2409. It will be the City's responsibility to negotiate and execute the Joint Effort Agreement for construction with ACRD. Plans will be prepared once the City has provided Engineer with AutoCAl~ electronic files of the final design submittal to ACRD. The City will obtain pemnission from ACHD to use the electronic files for utility design purposes. All required work to lower the existing water mains under the realigned Lemp Canal will be performed under ACHD's agreement with the Irrigation District. The City will handle all coordination with ACHD and the Irrigation District. 2of3 It shall be the City's responsibility to contact the adjacent property owners and coordinate service stub requests. Engineer will design service stubs at the locations identified by the City. TIME OF COMPLETION Engineering services will be completed as needed to construct improvements in conjunction with ACHD Project No. 307010. COMPENSATION The Not-To-Exceed amount for this Task Order No. 10095 is Fifteen Thousand Seven Hundred Twenty Five dollars ($15,725). The hourly rate for services and direct expenses is per the previously approved Prevailing Fee Schedule effective October 1, 2006, and by reference made part hereof.. CITY OF MERIDIAN BY: c, ~- n 2'f'~-- , ~Cfi,.~ MAYOR , ~ .~` `~ ~ ~4ip~ ' Attest: `~,~~ ~~~rF 9ti ~ /~`1 a J YC HOLMAI~ ~~ ,~yQ lssT~s~,, ~O`~: ,,,,,,qc `a~,~,,, Approved by City Counc~, ~~~ d~~ CJ ENGIlVEER BY: _~!~~ 3 of 3 • MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. SK REQUEST Amendment to Original Contract dated September 25, 2008 for Street Light Maintenance with Berry Electrical Services Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS DEPT: See Attached 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 Merldlan. • ~~%~E IDIAN ~llbliC IDAHO ~Torks Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE: Qctober 14, 2009 SUBJECT: Amendment of Contract with Berry Electrical Services, inc. I. RECOMMENDED ACTION Mayor Tatnrny de Weard ~,n ~B~d Brad Hcaglun Chouf~ Rountree David 2arem6a A. Move to: • 1. Approve the amendment cxtending the contract with Bony Electrical Services, Inc.; and 2. AuthoriT.e the Mayor to sign the contract amendment II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Tim Corns, Transportation and Utility Coordinator 489-0342 III. DESCRIPTION Background The City of Meridian's contract for street light maintenance with Berry Electrical Services, Inc. has expired The contract, as previously approved by Council, included language allowing for ~a maximum of two (2) one-year extensions. This amendment executers the first one-year contract extension. N. IMPACT A. Stra~eg_tc Imp t: Page l of 2 Approval of this amendment will aid the City in ensuring that street lighting continues to meet the safety needs of the public in a fiscally responsible manner. B. Service/Deliver~r Impact: Current maintenance needs are being met in the absence of the contract extension. However, by amending the. contract, the Contractor will be bound to work under the previous contract terms and conditions. C. Fiscallmpact: The contract amendment secures previously agreed upoa fee schedules for services provided by the Contractor. A11 work performed under this contract will be funded though the FY10 appropriated street light maintenance budget of $30,0. V, ALTERNATIVES Council may choose not to approve the amendment, however, this is not recommended as it would require the City to solicit bids for a new maintenance • contract. Rased on the high quality of work performed by the Contractor thus far, staff does not see a need to r®bid the contract. VL TIME CUNSTRAIIVTS Without a contract, the Contractor is not obligated to bill under the previously agreed upon fee schedule. Therefore it is prudent fvr the City to amend the ~ntract as soon as possible. VII. LIST OF ATTACHMENTS A. Contract Amendment - • Original Copy, signed by Contractor & Purchasing Approved for Council Agenda: ~ ,.~ ~ _ (~ ~a?Q '' O To , Duector of Public r Date Page 2 oj2 ~ ~~E IDIAN CITY OF MERIDIAN CONTRACT AMENOMENT • CONTRACTOR NAME: DEPARTMENT NAME: BERRY ELECTRICAL SERVICES, INC. Public Works ADDRESS: ADDRESS: 1289 N. Blattc Cat Rd. 33 E. Broadway Merkllan, ID 83842 IlNarkBan, ID 83542 CU~_RENT CONTRACT INFORMATION• Amendment oats: _ VGA„ Previous Amendments: ~ Current Contract Dates: START: $0 COMPLETION: ___4~ Q Current Contract Amount {MdusHre ofPrevMus Arnerrdments b Dana): ~Q.(X81.W CHOOSE ONE AMENDMENT COLUTAB BELOW, either °STANDARD AMENDMENT" or "AMENDMENT TO EXERCISE OPTION TO RENEW° and check off any appgcable amendmetrits under that column. STANDARD AM DMENT X _ AMENDMENT TO EXERCISE OPTION r , an that altaly) _ TO RENEW rt~,eck ad r-rar aaar,-~ _ Amendment to Contrast Perfsrmanse (Scope) Amendment to Contrast Pmfiormarrse _ Amendment to Contract Da6as 7C Amertdmsnt to Contrast Dates Amendment to Contract Amount X ArnendmenE to Conbad Amount _ Otfi~: (Explafi) _,l!_ Other: (Explain) ADDITIONAL TERMS AND CONDITIONS • ATTACHED DESCRIPTION OF REASON FOR AMENDMENT: lA all +7eletraatdocumentaBon delrsRing ame»dnrerrs3: Extending contract for one additlonal year per Article 3 of original corrtract dated September .25.2008. ADDITIONAL TERMS AND CONDITIONS ARE ATTACHED. Contract amount is a Not- To-Exceed and bte r the rates acted in the on nal reemenL NEW CONTRACT 1NFORMATION• ArrmndmerK Date: New Contrail Dates: START: 9 5~R COIYIPLE'RON: Amount oP Amendment Change' $~.000.OQ Currant C®ntnast Amount (Inclusive of Previorts Amartdrnenta ro Dere}: 580.0.00. 'Total Amount Pa a t+Yttidn New Cor>trest hates ALL OTHER TERMS AND CONDITIONS OF THE ORIGNAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. 1 of 6 1. Consid®ratlon 9.1 The Contractor shall provide the City with an invoice of fees earned and cxfsts incurred for services provided, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City wql not withhold any Federal or-State Income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 1.2 Except as expressly provided in this Agreement, Contractor shall not be entitled to nv receive from the ~ City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement, including, but not limited to, meals, lodging, transportation, drawings, n3rrdedngs or mockups. Specificality, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retir,®ment benefits, paid holidays or other paid leaves of absence ;of any type or kind whatsoever. • 2. Tenminatlan: If, through any cause, CONTRACTOR, its officers, employees, or agents fags 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, or if the City Council det®rmines that termination of this Agreement is in th® best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written nofice to CONTRACTOR of sWCh termination and specifying the effective date thereof at least fifteen ,('15) days before the effective date of such termination. CONTRACTOF~ may terminate this agreement at any time by giving at least sixty (60).days notice to CITY. In the event of any termination of this Agreemerrt, ail finished or urrf'inished documents, data, and reports prepanad by CONTRACTOR under this Agr®ement shall, at the option of the CITY, become its property, and CONTRACTOR shall be emitted to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the ai~ve, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any 2of6 payments to CONTRACTOR for the purses of sat-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provisbn shall survive the termination of this agneement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 3. Ind®p®nd®nt Contractor. 3.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and n®ither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responslbility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on bQhalf of the City. The selection and designation of the personnel of the CITY in the pertormance of this agreement sha11 be made by the CITY. 3.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of • the City. 3.3 Contractor shall determine the method, dQtails and means of pertorming the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreemen#, shall not be subjected to City's control with respect to the physiaal action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 4. Indemnlflcatlon and insurance: 4.1 CONTRACTOR shall indemnify .and save and hold hamtless CITY -from and for any and all losses, claims, ac#ions, judgmerrts for damages, or injury to persons or property and losses and expenses and other costs including litigatlon costs and attorney's fees, arising out of, resulting from, or in connection with ths~ pertormance of this Agreement by the CONTRACTOR, its servants, agents, offlc~rs, employees, guests, and business invitees. and not caused by or • arising out of the tortuous conduct of CITY' or its employees. 3of6 ~1 LJ CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreembnt, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or octa~n'ence, Automobile Liability Insurance One Million Dollars ($1,000,OQO) per incident or ocxurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable far an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and sav® and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to pennons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destrF.iction to tangible or intangible pn~perty, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of • this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractof begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the cfianged limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Arc~unting, 33 East Idaho Avenue, Meridian, Idaho 83642. 4.2 Any deductibles. self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either. the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insun3ds; or the Contractor shall provide a bond, cash or letter of cr®dit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this cxmtract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. My insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insuranceexcept.as to the extent of City's negligence. 4of6 • The Contr°ac~or's insuranc~+ shall apply separately to each insured against whom claim is made or suit is brougfit, except with rasped to the limits of the insurer's liability. 4.3 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 4.4 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives. ®mployees or subcontractors. 5. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR 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. 6. Corrupllance with Laws: • In performing the scope of work required hereunder. CONTRACTOR shall comply with all applicable laws, ordfnances, and codes of Federal, State, and local governments. 7. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the Smote of Idaho. and tlhe ordinances of the City of Meridian. CITY OF MERIDIAN • 5offi • n • Dated: `~ " ~-'7 ' y Approved by Council: Attest: JAYCEE CITY +~'~ ~ U~I~tiu~u ~T~ i IOLII~4N LER~C ~~~ 9 ,,,~yo ~r 95.E ,'~~ P~,`~~: ,,,,, ~o ~ ,,. BERRY ELECTRICAL SERVICES I~~,,,ggU ,~;;~~~~~"'~~ BY: v SHAUNNA BERRY Dated: /D ,3 ~d(] Approved by City as to Content BY: KE1T W S, PURCHASI G AGENT 6 of 6 • • MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. SL REQUEST Agreement for Equipment/Supplies Procurement Liquid Emulsion Polymer with Weschem, Inc. for a Not to Exceed Amount of $109,340.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS 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 CHy of Meridian. COMMENTS See Attached • ~ y ~'j~" 'AGREEMENT FOR SUPPLIES /EQUIPMENT PROCURMENT THIS AGREEMENT FOR EQUIPMENT /SUPPLIES PROCUREMENT is made this 25~' day of August, 2009, and entered into 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 WESCHEM. INC, hereinafter referred to as "SUPPLIER°, whose business address is 10625 Bamsdale Ct. Boise. ID 83711. INTRODUCTION Whereas, the City•has a need for services involving the procurement of LIQUID EMULSION POLYMER; and WHEREAS, the Supplier is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Equipment /Supply Speclfications $ Requirements: 1.1 SUPPLIER shall supply the equipment and/or supplies to the City upon execution of~this Agreement and receipt of the Cites written notice to proceed, all items, and comply in all respects, as spec'~'ied in the document titled "Supply Specifications & Requirements" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 The Supplier shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and r®solutions. The Supplier represents and warrants that it will pertorm its work in accordance with generally accepted industry standards and practices for • the profession or professions that are used in performance of this Agreement. and that are in effect at the time of performance of this LIQUID EMULSION POLYMER PW-09-10077A - page 1 of 13 Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Supplier and any reports or opinions prepared or issued as part of the work pertormed by the Supplier under this Agreement, Supplier makes no othet warranties, either express or implied, as part of this Agreement. 2. Consideration 2.1 The Supplier shall be compensated on a per pound basis (Not To- Exceed $109,340.00) as provided in Attachment B °Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Supplier shall provide the City with a detailed monthly statement detailing all deliveries for the month, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Supplier under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Supplier. 2.3 Except as expressly provided in this Agreement, Supplier shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation,. drawings, renderings or mockups. Specifically, Supplier shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement.benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) August 24, 2010 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a} bankruptcy or insolvency of either party, or (b) sale of Suppliers business. 3.2 Should Supplier default in the pertormance of this Agreement or materially breach any of its provisions, City, at City's option, may • terminate this Agreement by giving written notification to Supplier. LIQUID EMULSION POLYMER PW-09-10077A - page 2 of 13 3.3 Should City fail to pay Supplier all or any part of the compensation set forth in Attachment B of this Agreement orn the date due, Supplier, at the Supplier's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Supplier's business; or c. Death of Supplier 3.5 The City reserves the right to extend the Contract based on the terms and conditions and Specifications for up to two one year periods from the date of initial expiration, provided such extensions is within the budget and is authorized by the City Council, and the extension is mutually agreeable to both the City and Supplier. 4. Termination: If, through any cause, SUPPLIER, 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 contraet,~ or 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 SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. SUPPLIER may terrriinate 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 SUPPLIES under this Agreement shall, at the option of the CITY, become its property, and SUPPLIER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, SUPPLIER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the purposes of set-off until such time as the exact LIQUID EMULSION POLYMER PW-09-10077A - page 3 of 13 amount of damages due the CITY from SUPPLIER is defiemtined. This provision shall survive the termination of this agreement and shall not relieve SUPPLIER of its liability to the CITY for damages. 5. Independent Suppller: 5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting as an independent supplier, and neither'SUPPLIER nor any officer, employee or agent of SUPPLIER will be deemed an employee of CITY. Except as expressly provided in Attachment A, Supplier has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation o~n behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITI~'. 5.2 Supplier, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent suppliers and not as employees of the City. 5.3 Supplier shall determine the method, details and means of pertorming the work and services to be provided by Supplier under this Agreement. Supplier shall be responsible to City only for the r®quirements and results specfied in this Agreement and, except as expressly provided in this Agreement, shall not be subject®d to City's control with respect to the physical action or activities of Supplier in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Supplier, such persons shall be entirely and exclusively under the direction and supervision and control of the Supplier. 6. Indemnification and Insuranc®: SUPPLIER 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 and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the SUPPLIER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SUPPLIER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million' Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation LIQUID EMULSION POLYMER PW-09-10077A - page 4 of 13 Insurance, in the statutory limits as required by, law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnrfy and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, SUPPLIER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Supplier or Supplier's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing SUPPLIER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Supplier begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, SUPPLIER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Supplier shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Suppliers Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Supplier's insurance and shall not contribute with Supplier's insurance except as to the extent of City's negligence. The Supplier's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. LIQUID EMULSION POLYMER PW-09-10077A - page 5 of 13 6.5 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representattiives, employees or subcontractors. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall b® in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Weschem. Inc Attn: Mark Plafcan 10625 Bamsdale Ct Boise, I D 83713 208-375-4001 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. ~-ttorn®y F®®s: 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. Tim® 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. 11. Assignm®nt: It is expressly agreed and understood by the parties hereto, that SUPPLIER shaft 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. • LIQUID EMULSION POLYMER PW-09-10077A - page 6 of 13 12. Discrimination Prohibited: In pertorming the Work required herein, SUPPLIER shall not unlawfully discriminate in ,violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 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. 13.2 Supplier shall maintain all writings, documents and records prepared or compiled in connection with the pertormance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwrriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 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 SUPPLIER'S records with respect to a{I matters covered by this Agreement. SUPPLIER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materiels, payrolls, records of personnel, conditions of employment and other'data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Us® of Mat®rl~l: No material produced in whole or in part under this Agreement shall bb subject to copyright in the United States or in any other country. 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. 16. Complianc® with Laws: In performing the scope of work required hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and odes of Federal, State, and local govemm~nts. 17. Quantities: The quantity listed in Exhibit A are estimates only, based upon current known requirements, and not a guarantee to purchase and are subject to increase or decrease within the contract period. Any increase or decrease will be governed by the same terms and LIQUID EMULSION POLYMER PW-09-10077A - page 7 of 13 conditions of this Agreement. 18. Construction and Sev®rabiiity: 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. Waiver of D®fault: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorn®y: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entir® 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 o~r contemporaneous herewith. 22. ®rd®r of Prec®d®nce: The order or precedence shall be this contract agreement, the invitation for Bid document, and successful bid document. 23. 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. 24. Approval R®quir®d: This Agreement shall not become ®ffective or binding until approved by the City of Meridian. LIQUID EMULSION POLYMER PW-09-10077A - page S of 13 • CITY OF MERIDIAN ~ ^./ Dated: jO ~~? - L?~ W®sch®m, lnc. ~~ ~~ BY: ii Dated: I d J I'zl~ Approved by City Council:` /~'~'7 '~ Attest: `,,,~~ ~„i ~ u u ~ i ~llir~~i ~°`rFa ., Y E L. HOLMAN, CITY GLE K SE~-L Approv®d as to Content ~; .~ 9~r S,~ .1~ ~~ Departm®nt Approval ~~. UNTY . ~.. Y: '~~~~flre111t~N1~~,,` BY: ~EITH A S, PU CHASING AGENT 2,~J O~ NAME: Dated: ~ ~ ' TITLE: Approv®d as to Form Dated: CITY ATTORNEY LIQUID EMULSION POLYMER PW-09-10077A - page 9 of 13 • SUPPLY SPECIFICATIONS 8~ REQUIREMENTS Attachm®nt A Polymer furnished shall meet the specified terms and condition herein: Polymer a. The polymer shall perform to the following quality and performance unless the specifications and requirements are modified by the City: Minimum Sludge Cake Solids: 21 %, with volatile solids content of 60 to 70% Minimum Solids Recovery: 97.5% b. Polymer must dissolve easily and completely in potable water within 10 minutes, in concentrations up to 0.5% by weight. c. The polymer concentration shall not be less than 33%, Delivery of Polymer d. Polymer shall be delivered by the SUPPLIER to the City of Meridian Wastewater Treatment Facility: 3401 N Ten Mile Road, Meridian, Idaho 83646. All shipping and delivery charges shall be paid by the SUPPLIER and shall be included in the bid price. The City of Meridian intends to place orders on a quarterly basis. It is estimated that each order will be enough to achieve approximately 250 dry tons of biosolids. e. In no event shall polymer delivery take longer than flv® business days from SUPPLIERS receipt of City's polymer order. f. Deliveries shall be made between 8:30 a.m. and 3:30 p.m., Monday through Friday, excluding holidays. g. The SUPPLIER shall make available to the City laboratory services to select the optimum polymer for the sludge generated throughout the year. The SUPPLIER shall provide assistance in optimizing the settings on the City's polymer blending/mixing units when required. This contract price LIQUID EMULSION POLYMER PW-09-10077A - page 10 of 13 shall include the cost of four evaluations at the City's treatment plant during the year. h. The SUPPLIER shall promptly provide personnel necessary to assist in the proper application of their product. i. The prices stated in Exhibit B shall be fixed for the term of the Contract.. j. Polymer shall perform as stated above and in the levitation for Bid during the entire term of the Contract and failure to comply will be just cause for City's termination of the Contract. k. Substitute products will not be allowed unless they can be demonstrated to perform as equal to or better than the specified polymers, prior to delivery and accepted in writing bythe City, at the specified performance requirements, for the same or lower real cost. I. The City reserves the right to discontinue the use of the dewatering centrifuge (and associated polymer purchase) and to employ altemate methods of sludge conditioning, dewatering, and/or disposal. m. The City reserves the right to purchase altemate polymer from the SUPPLIER -should an altemate polymer be determined to better meet the City's needs. n. SUPPLIER acknowledges that it is able to supply this product, at the same pertormance quality and manufacturing specfications, at the volume necessary to fulfill the terms/length of the annual contract. Lab samples will be checked against future deliveries of product to ensure performance-based standards. The SUPPLIER will be required to produce, at the City's request, retained samples of product batches delivered. An MSDS sheet must accompany each shipment and a certificate of analysis stating the total solids, bulk viscosity, and dilute viscosity. The City reserves the right to conduct lab analysis on each load delivered to verify the certificate of analysis. o. In the event the SUPPLIER discontinues manufacturing the product supplied, or changes the manufacturing process, it is the SUPPLIERS responsibility to inform the City of Meridian of these changes and to supply, at no additional cost to the City, a product with equal or superior pertormance than the product previously supplied at no more than the annual contract price. p. !n the event of a drop in pertormance without a notification of change by the SUPPLIER and with no signficant changes in plant process, the LIQUID EMULSION POLYMER PW-09-10077A - page 11 of 13 sludge/polymer interaction will be documented and compared with the original sludge/polymer interaction. It will be the supplier's responsibility to remove any polymer whose performance or specifications are deemed substandard by The City of Meridian. Failure to do so may result in termination of the annual contract. • • LIQUID EMULSION POLYMER PW-09-10077A - page 12 of 13 • Attachment B PAYMENT SCHEDULE Price Per TASK DESCRIPTION Pound Chemfloe 4160 LIQUID EMULSION POLYMER, per attached Specifications (Attachment A) Price factors in A• the active polymer concentration to be not less than $~.~o 33°i°. Price includes shipping, delivery and container return services. Travel expenses will b® paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. LIQUID EMULSION POLYMER PW-09-10077A - page 13 of 13 AAedd~n Criy C~rt~l ~.2~8 Page 21 of ZB De Weerd: Oka , nk y Tha you for being here. Okay. This Is a public hearing. Is there anyone else who would qke to provide testimony on this item? Okay. Seeing none, Council, any furtl~er information needed or do 1 have a motion to close? Bird: Madam Mayor'T De Weerd: Mr. Bird. Bins: Hearing no comment, I move we close the public hearing on AP 094002. Rountree: Sind. De Weerd: I hav®a motion and a second to dose the public h~rang. All those In favor say aye. All ayes. Mogon carries. MOTION CARRIED: ALL AYES. D® Weerd: Okay. Rountree: Madam Mayor? De Weend: Yes. Rountree: I move that we approve the request and the appeal of the director's decision for Paramount school portable classroom structure. Dir®ct the applicant bo submit an aitemative compliances appllcsi~don and that the fees for both the appeal of the director's decision, as well as the application for alternative compliance, be waived, with the understanding that this is a temporary structure and will be removed in the relatively near future. And I'm not going to define that, but we need a new school artd k mounds Ilke It's under -it's in the punning and developmerrt process. Bind: Secmnd. De Weerd: Okay. I have a motion and a second. Any discusslon~ Madam Clerk, will you, please, call roll. Roll-Call: Bird, y®a; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARIRIED: ALL AYES. Item 9: ~Id Prot®st H®arin®for Emulsion Polym®r Bid Award by Nalco: D® Weend: Okay. Thank you. Item 9 is a bid protest hearing. Mr. Watu. Meridian ~Y Cauncll August 29.2t1~ Pag®22 of 26 Watts: Good ®v®nin Madam Ma r Council Members ou ve est e-man g, yo , , y ha a bid part in your packets tonight regarding th® liquid polymer bid. Rich Dees is here also to go over the testing procedures. I will glue you an overview of the prod from the purchasing standpoint. June 8th we issued the bid to eight vendors and advertised In the newspaper. We held apre-bid meting on the 15th of June to review the speclflc~idons and the testing pr9ocess that we would go through. On the 17th we had we issued an addendum from a result of the discussion on the pre-bid meeting of the 15th. June 26 we received four bids, one from Naloo, one from Weschem, one from Ciba and one from Wat®rT®ch. Th® full sole testlng began on Juty 8th and the fuq sole testing aronslsted of a test day prior to their ofi9dal test to dial in their polymer and the equipment to give the optimum result and, then, the full scale test was conducted the second day. There were two of the bidders were deemed nonresponsive with not meeting the minimum requirements of. the bid speciftc~tions. Then on August 10th we posted the final results of those full sole testa and the bid results and notified all the bidders of the bid results. And Rlch Dees can go over the detags of the testUtg as well. I guess I should also comment that the bidder who was protesting, Nalco, one of the bidders who was deemed nonr~ponslve. De Wesrd: Okay. Thank you. Wch. Dees: Madam Mayor, Members of the Coundl, as Keith said, the testing went on on the dates that he presented. The testing was fatly rigorous. The folks hod ito present to us to demonstrate that their polymer worked. it was quite compgr.~ateal. One of the things they had to do was demonstrate they could get to 21 percent At least between 21 and 22 percerrt. That was our goal. It wasn~ - 21 pen~nt wasn'fi just picked out of the air, It was a percentage that we came to a long time ago when the Clty of Meridian bought the centrifuges. One of the things that had to happen is you had to have 21 percent solids to pay the centrifuges back in the time allowed that you wanted to buy the centrifuges for. Anything less than that would moon we were hauling more water than solids and the cost would go up dramattc~illy. In just a second I wql tell you how little things means quite a lot in this partlcular case. Indeed, the average cak® solids for for Nalco was 20.4, instead of 21 percent. Now, they mentioned in their loiter that they were getting 21 and 22 pert:errt, but they were using a moisture balance, which is a IittJe bit tricky to use, it's just to determine the ballpark accuracy, so they could dial in their system. It wasn't the offidal laboratory analysis. All the bidders knew that they were going to be subjected to laboratory analysts of their cake when the test did begin. So, it wasn`t a big -shouldn't have been a big surprise to anybody. Did you mention that ®verybody went to the pre-bid meeting? Okay. In arty ram, the -the test went on and they produced, as our lab sfiowed, 20.4 ~rcent The -it's Interesting enough, Weschem is the -was the winning bidder. Weschem, they got a 21.38 percerrt solid cake. Wowever, during the dial -during your run up when they were trying to dial in the system as it were, they had one point where they were messing with the cor~guratlon that they got a 20.86, very similar to what Nalco got. Well, the reason that is is bereuse they didn't have the system dialer in Just exactly like they war>Ited. In fact, they said, you know what, we had to increase the Clymer quite a bit to get it to your 21 percent, ThaYs the reason the • Meridian criy CamaU AuguaL28.Z008 P~ ~ of Z8 cost went up. If we take and back off the -the numbers and may, okay, let's assume that Weschem Is allowed to use their 20.66 percent, that's 26.8 percent less polymer, which means their bid would have come in at X66.71 under what Naloo c~m® tn. But that wasn't the parameters. Our floor was 21 percent So, we wanted to have a level playing field for everybody and thetas what we stuck with. So, that*s pretty much <ti We Just - we are trying to get the best playing field we had. We did estabUsh the criteria, which was 21 percent, end we did esthbUsh the time that they had to get to that poir>t. W® let them hav®a day of run up to make sure they got it dialed and, qutt® frankly, k's unfortunate, but, quite frankly, the Nalco folks just couldn't make it work. Two bidders did make it work, two did not De Weeni: Thank you. Council, any questions? Mr. Nary, do we Head any kind of CouncU action on this? Nary. Yes, Madam Mayor. Just a couple more things. Nalco did advise I think the cleric's ofUce today they would not be present for toNght's hearing. They felt that their letter of protest was representative of their claim. Yeah, we do need Council action. Basically, what's in front of you -the allegation and the bid protest was that their -they did have a representative bid, that they ware the low bldder -they would have been the low bidder. What they hav® lndtc~ted in their letter was that their trial period testing was suglcient to b® counted as their bid. What's been presented now by the purchasing agent was the process that was gone through by all the parties and how that spec was determined by Public Works. Your evidence in front of you is that all of th®m wars given a fair opportunity to provide this testing when the testing was done. Actually, Nalco did not -the trial testing wasn't considered, k was only wh®n the actual testing was done was what was constder~ for whether it was a qualifying bid. Theirs was not. if the Council wishes th accept that, then, you would, then, reject this protest that they ware a non-n~sponse bldder and, then, go ahead and move forward to din~ct to award the bid to the I~wsst respons[ble kidder. If you accept Nalco's v® on of the circumstances, then, you can order - in this circumstance aU you could order is to reject ail bids and rebid the whole project, because they wouldn't necessarily be lowest tf they weren~ the lowest responsive bidder during the test, but if they think the test was skewed or the process was skewed, you could direct that the entire process ~ don® over. De Weerd: Okay. Council, any questions? Do I hav®a motion? Rountree: Madam Mayor, just a final ques~tlon if I might. And this would be to Rich. You indicted that the sped were written that the lab results would be what detenmined and the reference in the letter from Nalco is that they believe theirs met the sped, but that was based on an assumption, anecdotal information they had after the test ~mething other than a c~rtHled labon~tory analysis. Dees: Yeah. Madam Mayor, Councilman Rountree, indeed, we specU~ed that the lab results would be the determining -final determining factor whether they won or lost the bid. What they used is a thing called a moisture balanoe, which was the rough -rough estimate of are you getting within the ballpark of applying the right amount of polymer M~idlan Cry Cmmdl AttBttst 26, 2008 Pale 24 of 26 for the bio solids. So, thaYs the number they w®re getting was about 21 pen~nt and that's all they could say was about 21 percerrt. Well, it ~s precisely 20.4. Rountree: And I see nothing else In their response, other than they believe they performed and met the specffications, nothing about the test or otherwise. Madam Mayor, I would move that we reject this bid from Nalco as a nonresponsive bid. Hoaglun: Second. Rountree: And move to award to the lowest bidder. Hoaglun: Second that. De Weerd: Okay. Any discussion on that - on that motlon? Okay. Madam Clerk, will you, pisses, Ball roll. Roll-Call: Bfrd, yea; Rountree, yea; Zarembe. yea; Hoaglun, yam. De Weerrl: All ayes. Motion c~rrles. MOTiOid CARRIED: ALL AYES. . De Weerd: ®kay. Council, we are at the end of our agenda. I would invite Lieutenant Overton to share the good news, if you want to tak®a mom®rrt. Overton: I'm assuming when you talk about good news, Madam Mayor, Members of Council, you're referring to the national award that MADC was just given this week? De Weeni: Yes, indeed. Overton: This has been a year of awards for MADC and we pretty much thought it was over, but we got one more. Our original grant writer for the MADC, Bethany Gad~nski, the bureau chief with the State Department of Health and WelFare, submftted our organization with highest national organization and the highest award we could achieve fior the MADC. They award between four and six coalitions or organizations each year and when she told us that she was entering our orLgantzatlon we said that's realty great, but this Is -this Is that long shot in the horse race and we got notified this week that we weren't the long shot, we aged k, and we won the national award and we have botii members of our MADC, our director of our DFC Brent and our part time MADC director headed to Anaheim, Califomla in September to acxept the reward on behalf of the MADC. We will also get -besides our paying for lodging, federal per diem, flights, th® whole works, there is an unrestricted 1,600 grant that they are giving us, along with that national recognition, as well as being r®cogntred in front of all these otiher folks as part of this negonal prevention council, so - I didn't bring the papenaortc, l cxauld have read k right off of there, but R was pretty awesome. fYs the biggest award we have won so far. We got to 9o int®mational to top this. • i • • . r • MI81ltUap City Co~ulr~l ~.~e Page 28 ot28 Rountree: Good job. Zaremba: Cool. De Weerd: Okay. Councll~ do I have a moon? Yes, Mr. Bird. Bird: Before we - we all got Invited to Thursday night at Spur Wing, a fund raiser for the Meridian Education Assoclatbn. Invite all of you ther®. I think you all got your invitations. Mope you can make It. We would certainly enJoy seeing you. De Weerd: Okay. Do I have a motion to adjourn? Bird: So moved. Rountree: Second. De Weerd: All those In favor say aye. All aye's. MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 8:30 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~!~ aoo9 MA OR de WEERD DATE APPROVED ,`, `, ` ` `, `, ~ 11 s 11111111- - h ~ ~ ~ , I ,' ,,' yi ATTEST: y ~~ --. JAYCE . HOLMAN, CITY C _ - SEAL ~ e~' ''',,,~~~~//////ill ~It11~\~~~~,````~ • r: MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Resolution No. October 27, 2009 :Adopting an Ide Program AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS 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 ITEM NO. 5M city Theft Protection See Attached Date: Phone: • Emailed: Staff Initials: Materials presented at pubtlc meetings shall become properly of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. D Cf - G 9 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, ADOPTING AN IDENTITY THEFT PREVENTION PROGRAM. WHEREAS, Section 114 of the Fair and Accurate Transaction Act of 2003 (FACTA) and 12 CFR 41.90 and 41.91, and the Identity Theft Red Flags regulations and guidelines contained therein, require the City as a utility provider that provides utility services to customers on a credit basis to adopt an Identity Theft Prevention Program to protect its customers. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City of Meridian hereby adopts the IDENTITY THEFT PREVENTION PROGRAM attached as Exhibit "A." Section 2. The administrative staff of the City is authorized to take all necessary steps to carry out the Identity Theft Prevention Program provided by this Resolution. ~ ADOPTED by the City Council of the City of Meridian, Idaho, this ~ 7 day of DC ~a-c2 , 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this a"7 day of ~GfcS ~, 2009. APPROVED: ~,,~ ~~~~ C~-~R ATTEST: ``\`\\`~ ,~~~~ ~~e ~,''', S .`~ '~ '9j~ ~i ~~ r -. ~o ' B Y~ Jayce .Holman, City €ler $E~~ ~ ~' ''~, ,9O sT t st , Q~,.~', '~~ ~ covnrr~ o ,~, RESOLUTION ADOPTING AN IDENTIFY THEFT PREVENTION PROGRAM- PAGE 1 of 1 ~0 ~cn~-~ • MERIDIAN CITY COUNCIL MEETING OCtObef 27, 2009 APPLICANT ITEM NO. 6A1 REQUEST Ordinance No. ~~ - 1 ~3 oZ :Updating Membership Requirements and Providing Uniform Organizational Structure for Historic Preservation Commission, Parks 8~ Recreation Commission, Traffic Safety Commission, and Arts Commission AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS 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. CITY OF MERIDIAN ORDINANCE NO. (7q - I t/3oZ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPLACING TITLE 2, CHAPTER 1, OF THE MERIDIAN CITY CODE, RELATING TO THE ESTABLISHMENT, DUTIES AND POWERS, MEMBERSHIP, ORGANIZATION, AND MEEETINGS OF THE HISTORIC PRESERVATION COMMISSION; REPLACING TITLE Z, CHAPTER 2, OF THE MERIDIAN CITY CODE, RELATING TO THE ESTABLISHMENT, DUTIES AND POWERS, MEMBERSHIP, ORGANIZATION, AND MEEETINGS OF THE PARKS AND RECREATION COMMISSION; REPLACING TITLE 2, CHAPTER 3, OF THE MERIDIAN CITY CODE, RELATING TO THE ESTABLISHMENT, DUTIES AND POWERS, MEMBERSHIP, ORGANIZATION, AND MEEETINGS OF THE TRAFFIC SAFETY COMMISSION; AND REPLACING TITLE 2, CHAPTER 5, OF THE MERIDIAN CITY CODE, RELATING TO THE ESTABLISHMENT, DUTIES AND POWERS, MEMBERSHIP, ORGANIZATION, AND MEEETINGS OF THE ARTS COMMISSION. WHEREAS, the City Council of the City of Meridian finds that the reorganization of the City Code provisions regarding the Historic Preservation, Parks and Recreation, Traffic Safety, and Arts Commissions will promote efficiency and uniformity as to the structure and operation of such commissions; and • WHEREAS, the City Council of the City of Meridian finds that the appointment of members dedicated to representing the perspectives and interests of youth will give a voice to a highly valued component of our community; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That Title 2, Chapter 1 of the Meridian City Code shall read as follows: Chapter 1 HISTORIC PRESERVATION COMMISSION 2-1-1: ESTABLISHMENT: There is hereby established an Historic Preservation Commission, the purpose of which sha11 be to promote the educational, cultural, economic and general welfare of the public of the City through the identification, evaluation, designation, documentarion, and protection of those buildings, sites, azeas, structures, and objects which reflect significant elements of the City's, the State's, and the nation's historic, architectural, archaeological, and cultural heritage. 2-1-2: DUTIES AND POWERS: C BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 1 OF 12 A. Advisory to City Council: The historic Preservation Commission shall be deemed advisory and shall report and make recommendations to the Mayor and City Council. All actions of the historic Preservation Commission shall be subject to approval by the Mayor and City Council by resolution and after such approval shall have the force and effect of ordinance. B. Annual Report: The Historic Preservation Commission president shall submit an annual report to the Mayor and City Council regarding the Commission's activities and accomplishments in the furtherance of the objectives of this chapter. C. Commission Authority: The historic Preservation Commission shall be authorized to: 1. Conduct a survey of local historic properties. 2. Recommend the acquisition of fee and lesser interests in historic properties, including adjacent or associated lands, by purchase, bequests, or donation. 3. Recommend methods and procedures necessary to preserve, restore, maintain and operate historic properties under the ownership or control of the City. 4. Recommend the lease, sale, other transfer or disposition of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property. • 5. Negotiate and recommend to City Council, within the limits of the Historic Preservation Commission's funding and in accordance with applicable laws and City policies, including those regarding purchasing, the employment of or the contracting with other parties, organizations, or governmental entities for the services of technical experts or other persons as it seems necessary to carry on the functions of the historic Preservation Commission. 6. Cooperate with the Federal, State and local governments in the pursuance of the objectives of historic preservation. 7. Make recommendations in the planning processes undertaken by the County, the State, or the Federal government and the agencies of these entities. 8. Recommend ordinances and otherwise provide information for the purposes of historic preservation in the City. 9. Promote and conduct an educational and interpretive program on historic preservation and historic properties in the City. 10. Review nominations of properties to the National Register of historic Places for properties within the City's jurisdiction. • BOARDS AND CO1bIMISSIONS UPDATE ORDIlVANCE PAGE 2 OF 12 . 11. Recommend for City Council approval such ordinances, special conditions or restrictions as may further the protection, enhancement, and preservation of historic properties, as authorized by Idaho Code section 67-4612. 12. Historic Preservation Commission members, employees or agents of the Historic Preservation Commission may enter private property, buildings, or structures in the performance of its official duties, only with the express consent of the owner or occupant thereof. 2-1 3: MEMBERSHIP: A. Membership: 1. The Historic Preservation Commission shall consist of six (6) members. 2. Members of the Historic Preservation Commission shall be appointed by the Mayor and approved by the City Council on a vote of a majority of the City Council members, and members of the Historic Preservation Commission may, in like manner, be removed. 3. All members of the Historic Preservation Commission and the officers thereof shall serve without salary or compensation. The city shall provide the necessary and suitable equipment and supplies to enable the Historic Preservation Commission to properly . transact and attend to its business. A budget for Commission equipment and supplies shall be provided for in the City budget and administered by the Historic Preservation Commission's designated City staff liaison. B. Qnalificati®ns: All members of the Historic Preservation Commission shall have a demonstrated interest, competence, or knowledge in history or historic preservation. The City Council shall endeavor to appoint at least two (2) members with professional training or experience in the disciplines of azchitecture, history, architectural history, urban planning, archaeology, engineering, law, or other historic preservation related disciplines. One member shall be designated to represent youth, which Historic Preservation Commission member may be, at the time of appointment, under eighteen (18) years of age. C. Terms: Each Historic Preservation Commissioner shall serve a term of three (3) years provided that the youth member shall be appointed to a term of one (1) year, from September 1 through August 31. Historic Preservation Commissioners wishing to serve additional terms must submit a letter of interest thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the Mayor, with confirmation by the City Council. D. Vacancies: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. Z-1-4: ORGAI\TIZATION: BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 3 OF 12 A. Officers: At the first meeting of each calendaz year, the members of the Historic Preservation Commission shall meet and organize by electing a president, vice president and such other officers as may be necessary. The Historic Preservation Commission may request assistance from the City Clerk. B. Rules and ]Bylaws: The Historic Preservation Commission shall adopt bylaws, rules and regulations for the pmper conduct of the business of the Commission. All Commission bylaws, rules and regulations are subject to the approval of the Mayor and City Council after recommendation by the Commission. Z-1-5: MEETINGS: The Historic Preservation Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway, Meridian, Idaho, each month ax 5:30 p.m. on the second Thursday of each month unless, at the first meeting of each calendaz yeaz, the Commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. All meetings of the Commission shall be open to the public, and shall follow the requirements of Idaho's open meeting laws. The Commission shall keep minutes and other appropriate written records of its resolutions, proceedings, and actions. The Commission shall allow and promote public participation in the meetings of the Commission. Additional meetings of the Commission maybe scheduled by the Commission as necessary to carry out the business of the Commission. Section 2: That Title 2, Chapter 2 of the Meridian City Code shall read as follows: Chapter 2 PARKS AND RECREATION COIVIlVIISSION 2-2-1: ESTABLISHMENT: There is hereby established a Pazks and Recreation Commission, the purpose of which shall be to work in conjunction with the pazks department staff, and to advise the Mayor and the City Council in the orderly and efficient administration of the city parks and recreation system as hereinafter amended, and any other ordinances hereinafter enacted and amended relating to parks, urban forestry and recreation 2-2-2: DUTIES AND POWERS: A. Advisory to City Council: The Parks and Recreation Commission shall be deemed advisory and shall report and make recommendations to the Mayor and City Council. All actions of the Pazks and Recreation Commission shall be subject to approval by the Mayor and City Council by resolution and after such approval shall have the force and effect of ordinance. B. Anneal Report: The Parks and Recreation Commission president shall submit an annual report to the Mayor and City Council regazding the Commission's activities and accomplishments in the fiutherance of the objectives of this chapter. BOARDS AND COMMISSIONS UPDATE ORDIAIANCE PAGE 4 OP 12 C. Commission Authority: The Parks and Recreation Commission shall be authorized to: 1. Advise the City Council and the Mayor as to the best use of all public parks and any land or lots hereinafter purchased, leased, devised and bequeathed to the city for park and recreation purposes, and as such to make recommendation regarding the ornamenting, adorning, laying out and improving of the grounds of said parks. 2. Study economic and physical conditions and problems in connection with the maintenance, operation, management, control and use of all the public park grounds, pazk and playground faculties in the city. 3. Propose and recommend rules and regulations for the control and regulation of the use of the public park grounds, buildings, and playground facilities; subject to approval by the Mayor and City Council. 4. Study and propose plans, and recommend rules and regulations for the planting, growing, care, regulation and control of trees and shrubbery in all public places. 5. Represent the public interest in making suggestions and recommendations for the development, use and expansion of needed and required playground and other recreational and leisure program activities. 6. Propose plans, recommendations and suggestions for the future growth, development and regulation of park, playground, and recreation facilities of the city. 7. Set priority to plans, recommendations and suggestions for the future growth, development and regulation of park, playground and recreation facilities of the city; subject to approval by the Mayor and City Council. 8. Propose plans, recommendations, and suggestions to the annual budget to be submitted by the pazks director for the projects and expenditures for the next fiscal year prior to the budget proposal being submitted to City Council for approval. 9. Suggest and recommend such rules and regulations necessary and desirable to carry out the intent of this chapter. 10. Review and comment on the parks and recreation department's comprehensive plan and action plan. 11. Review and comment on the City's comprehensive plan as tbat plan relates to parks and recreation. 12. If requested by the Mayor, review candidates for pazks and recreation duector and make recommendations to the Mayor regazding those candidates. • BOARDS AND CONIIVIISSIONS UPDATE ORDINANCE PACE 5 OF 12 13. Improve and correlate the problems of governmental administration of all recreation and leisure programs of the City. 14. Appoint members of the Commission to subcommittees to provide community information to the Parks and Recreation Commission concerning particulaz facilities or programs of the pazk and leisure movement of the city 15. Make recommendations regarding the establishment of all fees for facility reservations and/or rental, facility admission, program activity participation, and league registration; and the establishment of fees for urban forestry services. 2-2-3: MEMBERSHIP: A. Membership: 1. The Pazks and Recreation Commission shall consist of a minimum of five (5) members and not more than nine (9) members. 2. Members of the Pazks and Recreation Commission shall be appointed by the Mayor and approved by the City Council on a vote of a majority of the City Council members, and Commission members may, in like manner, be removed 3. All members of the Pazks and Recreation Commission and the officers thereof sha11 serve without salary or compensation. The city shall provide the necessary and suitable equipment and supplies to enable the Commission to properly transact and attend to its business. The budget for Commission equipment and supplies shall be provided for through the Parks and Recreation Department budget. B. Qualificati®ns: Residents who reside within the city limits, or azea of impact, and aze a minimum of eighteen (18) years of age aze eligible to serve on the Pazks and Recreation Commission. One member shall be a resident of the area of impact but no more than two (2) members may be appointed from residents of the City impact area, outside the corporate limits. One position may be designated to represent youth, which Commission member may be, at the time of appointment, under eighteen (18) years of age. One member of the Meridian City Council, the Director of the Pazks and Recreation Department, and one member who represents the administration of the Meridian Joint School District 2 shall serve as ex officio members with no vote. C. Terms: Each Pazks and Recreation Commissioner shall serve a term of three (3) years provided that the youth member shall be appointed to a term of one (1) yeaz, from September 1 through August 31. Commissioners wishing to serve additional tenors must submit a letter of interest thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the Mayor, with confirmation by the City Council. w D. Vacancies: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. BOARDS AND COr91~IISSIONS UPDATE ORDINANCE PAOE 6 OF 12 2-2-4:ORGANIZATION: A. Officers: At the December meeting of each year, the members of the Parks and Recreation Commission shall meet aad organize by electing a president, vice president and such other officers as may be necessary. The City Parks and Recreation staff shall provide secretarial service for the Commission, and may request assistance from the City Clerk. B. Rules and Bylaws: The Parks and Recreation Commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the Commission. The bylaws, rules and regulations are subject to the approval of the Mayor and City Council after recommendation by the Commission. 2-2-5: MEETINGS: The Parks and Recreation Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway, Meridian, Idaho, each month at 6:00 p.m. on the second Wednesday of each month unless, at the first meeting of each calendar year, the Commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. All meetings of the Commission shall be open to the public, and shall follow the requirements of Idaho's open meeting laws. The Commission shall allow and promote public participation in the meetings of the Commission. Additional meetings of the Commission maybe scheduled by the Commission as necessary to carry out the business of the Commission. Section 3: That Title 2, Chapter 3 of the Meridian City Code shall read as follows: Chapter 3 TRAFFIC SAFETY CONIlVIISSION 2-3-1: ESTABIdISHMENT: There is hereby established a Traffic Safety Commission, the purpose of which shall be to provide a forum for cooperation, coordination, and communication between the City of Meridian other governmental agencies, and citizens and organizations concerned with the safe and efficient movement of vehicular and pedestrian traffic throughout the Meridian community. 2-3-2: DUTIES AND POWERS: A. Advisory to City Council: The Traffic Safety Commission shall be deemed advisory and shall report and make recommendations to the Mayor and City Council. All actions of the Traffic Safety Commission shall be subject to approval by the Mayor and City Council by resolution and after such approval shall have the force and effect of ordinance. B. Anneal Report: The Traffic Safety Commission president shall submit an annual report to the Mayor and City Council regarding the Commission's activities and accomplishments in the furtherance of the objectives of this chapter. BOARDS AND COMMISSIONS UPDATE ORDINANCE PAOE 7 OF 12 C. Commission AutLority: The Traffic Safety Commission shall be authorized to: 1. Recommend to City Council the adoption of plans for traffic safety as originally recommended by the National Safety Council study of 1968, and in regulations, studies, and recommendations of the National Highway Traffic Safety Institute, the National Safety Council, and the National Transportation Board. 2. Coordinate all Meridian City h~affic safety recommendations for incorporation into Ada County Highway District planning processes, and Idaho Transportation Department planning processes, as applicable, and as approved by the Mayor and City Council. 3. Make suggestions for projects designed to increase safety in pedestrian and school traffic in the city and to generally recommend to the Mayor and council plans to improve traffic safety in the entire City. 4. Work collaboratively and to plan for and accommodate growth related to traffic and traffic safety issues as applicable to the City's comprehensive plan. 5. Receive, review, and act on traffic safety concerns or issues brought forth by citizens of Meridian, with recommendations to be forwarded to the Mayor and council. 2-3-3: MEMBERSHIP: A. Membership: 1. The Traffic Safety Commission shall consist of up to nine (9) members. 2. Members of the Traffic Safety Commission shall be appointed by the Mayor and approved by the City Council on a vote of a majority of the City Council members, and Traffic Safety Commission members may, in like manner, be removed. 3. All members of the Traffic Safety Commission and the officers thereof shall serve without salary or compensation. The city shall provide the necessary and suitable equipment and supplies to enable the Traffic Safety Commission to properly transact and attend to its business. The budget for Traffic Safety Commission equipment and supplies shall be provided for through the Meridian Police Department budget. B. Qualifications: Members of the Traffic Safety Commission shall be selected from the following groups: one Joint School District 2 administrator or designee; one City staff member specializing in transportation issues; one Ada County Highway District (ACRD) representative; one Meridian Police Department representative; the City Attorney or designee; and four (4) Meridian citizens. The four (4) Meridian citizens should, if possible, represent different areas of Meridian: Old Town, northwest Meridian (from west of Meridian Road to Black Cat Road and north of the interstate to Chinden Boulevard, excluding Old BOARDS AND CONDVIISSIONS UPDATE ORDIIVANCE PAGE 8 OF 12 Town), northeast Meridian (from east of Meridian Road to Eagle Road and north of the interstate to Chinden Boulevazd, excluding Old Town), and south Meridian (from south of Interstate 84). One position maybe designated to represent youth, which Commission member may be, at the time of appointment, under eighteen (18) years of age. C. Terms: Each Traffic Safety Commissioner shall serve a term of three (3) years, provided that the youth member shall be appointed to a term of one (1) year, from September 1 through August 31. Commissioners wishing to serve additional terms must submit a letter of interest thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the Mayor, with confirmation by the City Council. D. Vacancies: 'Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. 2-3-4: ORGANIZATION: A. Officcers: At the first meeting of each calendaz yeaz, the members of the Traffic Safety Commission shall meet and organize by electing a chair, vice chair, and such other officers as maybe necessary. The Meridian Police Department shall provide secretazial services for the Traffic Safety Commission, and may request assistance from the City Clerk. C. Roles and Bylaws: The Traffic Safety Commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the Commission. The bylaws, rules and regulations are subject to the approval of the Mayor and Clty Council after recommendation by the Commission. 2-2-5: MEETINGS: The Traffic Safety Commission shall convene regular meetings at Meridian Police Department, 1401 East Watertower Avenue, Meridian, Idaho, each month at 3:45 p.m. on the third Tuesday of each month unless, at the first meeting of each calendar year, the Commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. All meetings of the Commission shall be open to the public, and shall follow the requirements of Idaho's open meeting laws. The Commission shall allow and promote public participation in the meelings of the Commission. Additional meetings of the Commission maybe scheduled by the Commission as necessary to carry out the business of the Commission. Section 4: That Title 2, Chapter 5 of the Meridian City Code shall read as follows: Chapter 5 ARTS CONIlVIISSION 2-5-1: ESTABLISI~VVIENT: There is hereby established an Arts Commission, the purpose of which shall be to highlight the City's rich cultural resources, enhance the City's aesthetic environment, and promote the BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 9 OF 12 development of economic, educational, recreation, and tourism opportunities within the City through the advancement of publicly accessible arts. 2-5-2: DUTIES AND POWERS: A. Advisory to City Council: The Arts Commission shall be deemed advisory and shall report and make recommendations to the Mayor and City Council. All actions of the Arts Commission shall be subject to approval by the Mayor and City Council by resolution and after such approval shall have the force and effect of ordinance. B. Anneal Report: The Arts Commission chair shall submit an annual report to the Mayor and City Council regazding the Commission's activities and accomplishments in the fiu~therance of the objectives of this chapter. C. Commission Authority: The Arts Commission shall be authorized to: 1. Assess the needs of the Meridian community with regard to the arts and make such information available to the City Council and all interested agencies and persons; 2. Stimulate awazeness and appreciation of the importance of publicly accessible art and its benefits to the community; 3. Encourage the growth and preservation of the City's art resources, foster the development of a receptive climate for the arts, and promote self-sustaining arts programs within the City; 4. Review and advise the City Council on the aesthetic aspects of works of art or public monuments under consideration to be accepted or commissioned by the City of Meridian; 5. Promote the development of, and provide general information and encouragement to, the City's cultural organizations, artists, institutions and community organizations sponsoring arts activities; 6. Seek and encourage financial support, including, but not limited to, grants, loans and guarantees to artists, arts institutions and community organizations sponsoring arts activities and publicly accessible arts in the City, subject to City Council approval; 7. Recommend to City Council, within the limits of the Commission's funding, the employment of or the contracting with other parties for the services of technical experts or other persons as it deems necessazy to carry on the functions of the Commission; 8. Prepare and submit budgetary recommendations to City Council for expenditures necessary for the continuation aad development of public programs furthering the arts; • 9. Cooperate with Federal, State, and local governments, schools, and private arts organizations, in the pursuance of the objectives of this Chapter, and BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 1Q OF 12 10. Recommend ordinances and otherwise provide information for the purposes of advancement of publicly accessible arts in the City. 2-5-3: MEMBIERSHIP: A. Membership: 1. The Arts Commission shall consist of a minimum of five (5) members and no more than nine (9) members. 2. Members of the Arts Commission shall be appointed by the Mayor and approved by the City Council on a vote of a majority of the City Council members, and Arts Commission members may, in like manner, be removed. 3. All members of the Arts Commission and the off cers thereof shall serve without salary or compensation. The City shall provide the necessary and suitable equipment and supplies to enable the Arts Commission to properly transact and attend to its business. The budget for Arts Commission equipment and supplies shall be provided for through the Mayor's Office budget. B. Qualifications: All members of the Arts Commission shall have as interest, competence, or knowledge in the arts. One position may be designated to represent youth, which Commission member may be, at the tune of appointment, under eighteen (18) years of age. One member of the Meridian City Council may serve as a liaison and ex officio member of the commission and shall have no vote. C. Terms: Each Arts Commissioner shall serve a term of three (3) years, provided that the youth member shall be appointed to a term of one (1) year, from September 1 through August 31. Commissioners wishing to serve additional terms must submit a letter of interest thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the Mayor, with confirmation by the City Council. D. Vacancies: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. 2-5-4: ORGANIZATION: A. Officers: At the first meeting of each calendar year, the members of the Arts Commission shall meet and organize by electing a chair, vice chair, and such other officers as may be necessary. The Arts Commission, and may request assistance from the City Clerk. B. Rules and Bylaws: The Arts Commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the Commission. The bylaws, rules and regulations are • subject to the approval of the Mayor and City Council after recommendation by the Commission. BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 11 OF 12 2-2-5: MEETINGS: The Arts Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway, Meridian, Idaho, each month at 3:30 p.m. on the second Thursday of each month unless, at the first meeting of each calendar year, the Commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. All meetings of the Commission shall be open to the public, and shall follow the requirements of Idaho's open meeting laws. Tlhe Commission shall keep minutes and other appropriate written records of its resolutions, proceedings, and actions. The Commission shall allow and promote public participation in the meetings of the Commission. Additional meetings of the Commission maybe scheduled by the Commission as necessary to carry out the business of the Commission. Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 6. That this ordinance shall be effective immediately upon its passage. PASSED by the City Council of the City of Meridian, Idaho, this OZ~ day of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this a~ day of • ~G~7~-'~21~ , 2009. APPROVED: GGL /~ /2 '~ ~ -cle-~es~ C~a~.Lt~, ~- ~ Mayor ATTEST: ``~,,.®F ~~ ~` .y ~% ~' r = F 0 Jaycee loran _ 8~~ City Clerk ~ ~ = ~~ • BOARDS AND COMMISSIONS UPDATE ORDINANCE PAGE 12 OF 12 MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. 6l~ REQUEST Resolution No. ~- (OR5 :Appointing Megan Murphy to Seat 9 of the Parks and Recreation Commision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS 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 See Attached CITY OF MERIDIAN RESOLUTION NO. ~ 7 - ~0 ~.~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING MEGAN MURPHY TO SEAT 9 OF THE PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 2 establishes the Parks and Recreation Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to parks and recreation within the City, and to that end Meridian City Code § 2-2-3(B) states that a youth member may be appointed to the Parks and Recreation Commission; WHEREAS, the City Council of the City of Meridian deems the appointment of Megan Murphy to Seat 9 of the Parks and Recreation Commission to be in the best interest of the Parks and Recreation Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-2-3(B), Megan Murphy is hereby appointed to Seat 9 of the Parks and Recreation Commission, for a term to expire on August 31, 2010. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2009. 2009. ADOPTED by the City Council of the City of Meridian, Idaho, this 27th day of October, APPROVED by the Mayor of the City of Meridian, Idaho, this 27th day of October, APPROVED: \\\~~~~ui~i~~i~i~ii b~---,,.« T~w,w,v .ao ~xloarrl ~ ~~ ,..ca ATTEST: ,~~ ~y Of M~os,9~',,~~, ~',~ ~Y~ " ~t,c.~. rFO ~ C~~~ ~~w''' By: Jaycee lman, City erk ~~~L 9~ ~~ 1 2009-201 O YOUTH COMMISSIONER APP6~i4f6M~Ii1~7i,~ar~a PAGE 1 OF 1 MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT n ITEM NO. 6A3 REQUEST Resolution No. ~~ ~ ~ 7 (P :Appointing Miranda Peterson to the Traffic Safety Commision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS 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 Clay of Mertdian. COMMENTS See Attached P~o~' r CITY OF MERIDIAN RESOLUTION NO. ~ ~ - CO ~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING MIRANDA PETERSON TO THE TRAFFIC SAFETY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 3 establishes the Traffic Safety Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to traffic safety within the City, and to that end Meridian City Code § 2-3-3(B) states that a youth member may be appointed to the Traffic Safety Commission; WHEREAS, the City Council of the City of Meridian deems the appointment of Miranda Peterson to the Traffic Safety Commission to be in the best interest of the Traffic Safety Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: • Section 1. That, pursuant to Meridian City Code § 2-3-3(B), Miranda Peterson is hereby appointed to the Traffic Safety Commission, for a term to expire on August 31, 2010. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 27th day of October, 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this 27th day of October, 2009. APPROVED: \`\\`\``~ u u u u i uh~~~~'''' ATTEST: ,~, ,~~1 ~ ~3i,9 •,~,,~ Q,G~7~'tSr ~- ` U r .: -~l.V` ` ~ `s!~' TAO /' C ~1,~ By: Jaycee olman, City?Cle ~ ~' '~ 9~q ~sr ~s~ • P.jQ~~`. RESOLUTION APPOINTING MIRANDA PETER3OAj ~„~~ ~~ ~~~N ``` 2009-2010 YOUTH TRAFFIC SAFETY COMMISSIONER PAGE 1 OF 1 .7 MERIDIAN CITY COUNCIL MEETING APPLICANT ITEM NO. U' v REQUEST Resolution No, _ ~Q - (0~1~7 :Approving Lease Agreement Between College of Western Idaho and the City of Meridian for 33 E. Idaho Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY ~~ See Attached CITY POLICE DEPT: CITY FIRE DEPT: ~lG~ vG ~ CITY PUBLIC WORKS DEPT: (~ ! \ (~ ~' ~J v ~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY , A~ 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 Clfy of Meridian. October 27, 2009 6A4 • CITY OF MERIDIAN RESOLUTION NO. 09- BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN (LESSOR) AND THE COLLEGE OF WESTERN IDAHO (LESSEE) FOR APPROXIMATELY 8,000 SQUARE FEET OF OFFICE SPACE AT THE FORMER MERIDIAN CITY HALL, 33 EAST IDAHO, MERIDIAN IDAHO TO BE USED FOR ADMINISTRATIVE OFFICES; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. BE TT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the City of Meridian has approximately 8,000 square feet of unused office space at the Former Meridian City Hall that is not currently used for City business; and, WHEREAS, the City of Meridian has no immediate plans to use the Former City Hall for City business. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The approximately 8,000 square feet of space in the Former Meridian City Hall • described in the lease agreement between the College of Western Idaho and the City of Meridian is not otherwise needed for City purposes. SECTION 2. That the terms of the agreement (attached hereto and incorporated herein) between the College of Western Idaho and the City of Meridian are just and equitable, and the same is hereby approved as to both form and content. SECTION 3. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Lease Agreement for and on behalf of the City of Meridian. SECTION 4. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2009. APPROVED: Mayor Tammy de Weerd ATTEST: By: (SEAL) Jaycee L. Holman, City Clerk LEASE AGREEMENT FOR 33 EAST IDAHO STREET Meridian, Idaho between The City of Meridian • as Landlord and The College of Western Idaho as Tenant • • LEASE AGREEMENT (Office Building) THIS LEASE AGREEMENT (this "Lease") is entered into effective this day of , 2009, by and between The City of Meridian ("Landlord") and the College of Western Idaho ("Tenant"). 1. Basic Lease Provisions. For purposes of this Lease, the following terms have the following definitions and meanings: 1.1 Landlord's Address (For Notices): City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 1.2 Tenant's Address for Notices: The College of Western Idaho • 1.3 Premises: The Building located at 33 East Idaho Street, Meridian Idaho, including all of the approximately 8,000 square feet of usable first floor internal space and 16 parking spaces to support Tenant's employees and invitees. The basement of the Building is not included as part of the leased Premises. The Cox Memorial public park and shelter at the corner of Idaho Street and Meridian Road is not included as part of the leased Premises. 1.4 Term: The Primary Term and Option Periods (if validly exercised according to the terms of this Lease) set forth below are collectively referred to in this Lease as the "Term." 1.5 1.6 1.7 1.4.1 Primary Term: 36 Lease Months. 1.4.2 Option Periods: Two Option Periods of 12 months each Rent Commencement Date (or "Commencement Date"): Upon occupancy Occupancy Date: The day of 2009. Expiration Date: At the end of the primary term and any option periods. 1.8 Initial Base Rent: $1 per year, plus cost of utilities. Lease Agreement for 33 East Idaho Street page 1 1.9 Security Deposit: None. 1.10 Permitted Use: Administrative offices and other associated uses. 1.11 Defined Terms: The headings provided in this Section 1 in bold print are used in this Lease as defined terms. This Section 1 represents a summary of the basic terms and definitions of this Lease. In the event of any inconsistency between the terms contained in this Section 1 and any specific provision of this Lease, the terms of the more specific provision shall prevail. 2. Consideration. In consideration of the payment of rent and the performance of the covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises, together with and subject to all conditions, restrictions, obligations, rights, privileges, easements and appurtenances thereto, or any other easement(s), use or restriction agreements for the Building as have been or are hereafter executed by Landlord, including all amendments thereto, which cover the Premises. 3. Rent. Beginning with the Rent Commencement Date, Tenant shall be responsible for payment of rent as established in section 1. Cost of utilities shall be paid by Tenant pursuant to section 10.3. 4. Term. 4.1 Primary Term. The Term shall be for the period designated in Section 1 commencing on the Commencement Date, and ending on the Expiration Date, unless extended pursuant to Section 4.2 below. Upon the request of Landlord, Tenant shall execute a written acknowledgment of the Commencement Date and/or Expiration Date. 4.2 Option Periods. Providing Tenant is not in default at the time Tenant exercises its option to extend or at the commencement of the applicable Option Period(s), Tenant shall have the option to extend the Primary Term for the option period(s) set forth in Section 1(the "Option Periods"). The rent for any applicable option period shall continue to be $1 per year, plus the cost of utilities. • Lease Agreement for 33 East Idaho Street page 2 5. Uses. 5.1 General Use. The Premises shall be used only for the use set forth in Section 1 ("Permitted Use") and for no other use without the prior written consent of Landlord which may be withheld in Landlord's unfettered discretion. Tenant shall not commit or allow to be committed any waste upon the Premises, or any nuisance or other act in or about the Premises that disturbs the quiet enjoyment of any other tenant in the Building. Tenant shall comply with all laws and regulations relating to its use or occupancy of the Premises or of the Common Areas. Tenant shall observe such rules and regulations for the Building as maybe adopted by Landlord. 5.2 101o Hazardous Substances. Tenant agrees not to use, store or deposit any substance that is hazardous or dangerous to person, property or the environment (or any similar substance) as now or hereafter defined by or determined pursuant to any applicable law or regulation ("Hazardous Substance") in, on or about the Premises in violation of applicable law, and Tenant shall indemnify and hold Landlord harmless against any liability, damages, costs, loss or claim therefore, including attorneys' fees incurred in connection therewith, arising from or related to the presence of any Hazardous Substance in, on or about the Premises, which presence was caused by Tenant, its agents, employees, subleases or anyone otherwise associated with Tenant. 5.3 Insurance Risks. Tenant will not do or permit to be done any act or thing upon the Premises, the Building or the Common Areas which would (a) jeopardize or be in conflict with fire insurance policies covering the Building and fixtures and property in the Building; (b) increase the rate of fire insurance applicable to the Building to an amount higher than it otherwise would be for the general office use of the Building; or (c) subject Landlord to any liability or responsibility for injury to any person or persons or to property by reason of any business or operation being carried on upon the Premises. 6. Assignment and Subletting. Tenant shall not, without first obtaining Landlord's written consent which maybe withheld in Landlord's unfettered discretion: (1) sell, assign, mortgage, or transfer this Lease (or any interest therein); (2) sublease all or any portion of the Premises; or (3) allow the use or occupancy of the Premises by anyone other than Tenant. No assignment or sublease shall relieve Tenant of any liability under this Lease. Landlord's consent to any assignment or sublease shall not operate as a waiver of the necessity for consent to any subsequent assignment or sublease. This Lease shall not be assigned by operation of law. 7. Care of Premises. Tenant shall keep the Interior of the Premises in a neat, clean and sanitary condition and shall at all times preserve them in good condition and repair, ordinary wear and tear excepted. 8. Surrender of Premises; Removal of Property. Upon expiration or termination of the Lease Term, whether by lapse of time or otherwise (including any holdover period), Tenant at its expense shall: (1) remove Tenant's goods and effects and those of all persons claiming under Lease Agreement for 33 East Idaho Street page 3 Tenant, (Z) repair and restore the Premises to a condition as good as received by Tenant from Landlord or as thereafter improved, reasonable wear and tear excepted, and (3) promptly and peacefully surrender the Premises (including surrender of all improvements installed in the Premises by Landlord or Tenant, except Tenant's trade fixtures that do not become part of the Building). Any property left on the Premises after the expiration or termination of the Lease Term shall be deemed to have been abandoned and to have become the property of Landlord to dispose of as Landlord deems expedient. Tenant shall be liable for all costs associated with the disposal of such property. Tenant hereby waives all claims for damages that may be caused by Landlord's reentering and taking possession of the Premises or removing and storing Tenant's property as herein provided, and Tenant shall indemnify and hold harmless Landlord therefrom. No such reentry shall be considered or construed to be a forcible entry. 9. Condition of Premises; Alterations. 9.1 Tenant's Improvements. Prior to making any improvements to the Premises, Tenant shall provide plans to Landlord and procure written approval of Landlord. Improvements shall be at Tenant's sole cost, and shall be performed in a good and workmanlike manner in compliance with all applicable laws, codes and regulations, and all materials used shall be of a quality comparable to those in the Premises and the Building. All improvements (except Tenant's trade fixtures that do not become a part of the Building) shall remain in and be surrendered with the Premises at the expiration or sooner termination of this Lease. 9.2 ~ilterations. Tenant shall make no additions, changes, alterations or improvements ("Work") to the Premises other than the Work approved by Landlord pursuant to section 9.1. 10. Services and Maintenance. 10.1 >3asic Services. The mechanical, electrical, cooling, heating and ventilation systems on the premises are provided in an "as-is" condition with no warranty as to their reliability or fitness for use. 10.2 Maintenance. Tenant shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems, the exterior of the Building, the parking lot and the landscaping. 10.3 llasic Utilities. Water, sewer, electricity, natural gas, garbage and recycling services are available to the Premises and the cost of such utility service, including costs based on consumption, shall be the expense of Tenant pursuant to section 1.8 of this agreement. Tenant shall setup accounts with the utility providers effective upon the commencement date of this agreement. Tenant shall pay all utility charges to the providers according to the invoice due date. Tenant's failure to pay utility charges when due shall constitute an event of default pursuant to section 16 of this agreement. Lease Agreement for 33 East Idaho Street page 4 • 10.4 Additional Utilities. Tenant shall purchase all other utility services, including but not limited to telephone, cable and television services desired by Tenant from the utility or municipality providing such service, and shall pay for such services when such payments are due. 11. Entry and Inspection. Landlord at all reasonable times (and at any time in case of emergency) may enter the Premises for the purpose of inspection, cleaning, repairing, altering or improving the Premises or the Building subject to Tenant's reasonable security requirements. Landlord shall have the right at reasonable times to enter the Premises for the purpose of showing the Premises to any prospective purchasers, mortgagees or tenants of the Building. 12. Damage or Destruction. 12.1 Damage and Repair. In case of damage to the Premises or the Building by fire or other casualty, Tenant immediately shall notify Landlord. If the Building is damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by Landlord, will equal or exceed thirty percent (30%) of the replacement value of the Building (exclusive of foundations) prior to the occurrence of the damage, or if insurance proceeds sufficient for full restoration are unavailable for any reason, then Landlord no later than the sixtieth (60th) day following the damage may give Tenant a notice of election to terminate this Lease. If the cost of restoration as estimated by Landlord shall amount to less than thirty percent (30%) of said replacement value of the Building and insurance proceeds sufficient for restoration are available, then Landlord shall restore the Building and the Premises with reasonable promprness, subject to delays beyond Landlord's control, and Tenant shall have no right to terminate this Lease. To the extent that the Premises are rendered untenantable, Rent shall proportionally abate during the period of such untenantability, unless such damage resulted from or was contributed to directly or indirectly by the act, fault or neglect of Tenant, Tenant's officers, contractors, subcontractors, agents, employees, invitees or licensees. 12.2 Business Interruption; Property of Tenant. No damages, compensation or claims shall be payable by Landlord for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Premises or the Building. Landlord will not carry insurance of any kind on any property of Tenant, including inventory, equipment, floor, ceiling and wall coverings, furniture and trade fixtures, and any improvements to the Premises that are paid for by Tenant and Landlord shall not be obligated to repair any damage thereto or replace the same. 13. Indemnification and Waiver of Liability. Tenant shall indemnify, hold harmless and defend Landlord from and against all liabilities, damages, suits, obligations, fines, losses, claims, actions, judgments, penalties, charges, costs, or expenses, including, without limitation, attorneys' and other professional fees and disbursements, in conjunction with any loss of life, personal injury and/or property damage arising out of or relating to the occupancy or use by Tenant of any part of the Premises or the Building occasioned wholly or in part by any act or omission of Tenant or its officers, contractors, subcontractors, licensees, agents, servants, employees, guests, invitees or Lease Agreement for 33 East Idaho Street page 5 visitors, or any assignee or sublessee or any other party for whom Tenant would otherwise be liable. Landlord shall not be liable for any loss or damage to persons or property sustained by Tenant or other persons, which may be caused by theft, or by any act or neglect of any tenant or occupant of the Building or any other third parties, or Landlord, except for Landlord's willful misconduct or gross negligence. 14. Insurance. 14.1 Liability Insurance. Tenant, at its own expense, shall keep and maintain in full force and effect a policy of commercial general liability insurance including a contractual liability endorsement covering Tenant's obligations under Section 14, insuring Tenant's activities upon, in and about the Premises and the Building against claims of bodily injury or death or property damage or loss with a limit of not less than Five Hundred Thousand Dollars ($500,000) combined single limit per occurrence and in the aggregate (per policy year) of $1,000,000.00. Landlord shall be an additional insured in the foregoing insurance policy. 3.2 Tenant's Property Insurance. Tenant's property insurance shall be at Tenant's option and expense. 14.3 Landlord's Insurance. Landlord shall procure and maintain during the Term, Fire, Windstorm, in an amount not less than one hundred percent (100%) of the insurable value above the foundations or as currently in effect. 14.4 Insurance Policy Requirements. All insurance required under this section shall be with companies qualified to do business in the State of Idaho. Each insurance policy shall provide that it is not subject to cancellation or material alteration except after thirty (30) days prior written notice to Landlord and 15. Signs. Tenant, at its sole expense, may place a sign or signs on the exterior of the building and/or the exterior of Tenant's door to identify the business location of Tenant and any approved subtenants. All signs must be compliant with all applicable codes and regulations. 16. Events of Default. Each of the following shall be deemed a default by Tenant and a material breach of this Lease: 16.1 Failure by Tenant to pay when due any Rent hereunder if such failure shall continue for a period of thirty (30) days after written notice thereof has been given to Tenant; or 16.2 Failure by Tenant to perform or observe any of the other terms, covenants, conditions, agreements or provisions of this Lease if such failure shall continue for a period of thirty (30) days after written notice thereof has been given to Tenant; provided, if any such failure cannot reasonably be cured within thirty (30) days then Tenant shall not be deemed to be in default if Tenant commences to cure such failure within a reasonable time and for as long as Tenant is diligently prosecuting the cure. Lease Agreement for 33 East Idaho Street page 6 17. Landlord Remedies for Tenant Default. If any default occurs hereunder, Landlord may, at any time thereafter and without waiving any other rights hereunder, do one or more of the following: 17.1 Terminate this Lease, by written notice on the earliest date permitted by law or on any later date specified in such notice, in which case Tenant's right to possession of the Premises will cease and this Lease will be terminated, except as to Tenant's liability; 17.4 Without further demand or notice, reenter and take possession of the Premises or any part of the Premises, repossess the same, expel Tenant and those claiming through or under Tenant, and remove the effects of both or either, using such force for such purposes as may be necessary, without being liable for prosecution, damage or otherwise and without being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or other amounts payable under this Lease or as a result of any preceding breach of covenants or conditions. 18. Landlord's Default. In the event of any default in the obligation of Landlord under this Lease, Tenant will deliver to Landlord written notice listing the reasons for Landlord's default and Landlord will have ~ (3 0) days following receipt of such notice to cure such alleged default or, in the event the alleged default cannot reasonably be cured within such period, to commence action and proceed diligently to cure such alleged default. 19. Holdover. If Tenant shall, with the written consent of Landlord, hold over beyond the expiration of the Term, or if Landlord shall so notify Tenant at any time upon or after the expiration of the Term, such tenancy shall be deemed amonth-to-month tenancy that may be terminated as provided by applicable state law. 20. Notices. All notices under this Lease shall be in writing and delivered in person or sent by registered or certified mail, return receipt requested, postage prepaid, or sent by recognized overnight courier to Landlord and to Tenant at the addresses set forth in Section 1 (except that, after the Lease commences, any such notice maybe so mailed or delivered by hand to Tenant at the Premises), or to such other addresses as may from time to time be designated by any such party in writing. Notices mailed as aforesaid shall be deemed given at the earlier of three (3) days after the date of such mailing or upon the date of receipt. 21. Costs and Attorneys' Fees. If Tenant or Landlord shall bring any action for relief against the other, declaratory or otherwise, arising out of this Lease, including any suit by Landlord for the recovery of rent or possession of the Premises, the losing party shall pay the prevailing party for all reasonable attorneys' fees (including attorneys' fees on appeal) and costs (including court costs and disbursements) which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. 1N WITNESS WHEREOF, the Landlord and the Tenant have signed their name and affixed their . seals the day and year first above written. Lease Agreement for 33 East Idaho Street page 7 . TENANT: COLLEGE OF WESTERN IDAHO By: LANDLORD: CITY OF MERIDIAN By: Dr. Berton L. Glandon Tammy de Weerd Its: President Its: Mayor ATTEST: • • Jaycee L. Holman City Clerk Lease Agreement for 33 East Idaho Street page 8 EXHIBIT "A" Tenant's Improvements August 3, 2005 City Of Meridian 33 E. Idaho St. Meridian, ID 83642 Cl Re: Tenant improvements to old Farmers & Merchants Bank building This bid includes the following items: 1 } Wall patch in lobby area -north wall 2) Carpet allowance of $600.00 in space where teller lines were 3) Remove and replace 30 lineal feet of office divider walls 4} Two new office doors 5) One HVAC vent in the center office -south wall 6) Paint new office walls and patch area of lobby Bid Total :.................................................................$4,200.00 Walt Morrow Walt Morrow Construction Lease Agreement for 33 East Idaho Street page 9 ~~~~,~~~ AU6 0 32005 MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. 6AS REQUEST Budget Amendment for Meridian Business Day for $6,750.00 AGENCY COMMENTS CITY CLERK: CITY MAYOR'S DEPT: See Attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS DEPT: • CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ . Emailed: Staff Initials: Matertals presented at public meetings shall become property of the City of Meridian. c ~g • zo ~_ a ~O Q; C O m .O 0 oc c a~i m a C V 0 O 4 Q O v. N Z .. Z Rif W C K1 ~0 ~ C ». d .~ ~ E o ~ Ny ~ .~ O C C c~~'O'o ~~ m4 o ~ ~ H ~ ~ O LL Z W 0 Z W a W m .~ m ;o 0 rn :0 c v~ C ~- m s C d m m ~~ Q m Q H ~_-• 7 a~ L lQ 3' ~~ o" ~i ~ ~ `o ~33~ b~ ~~ I! aci CC c ~ C I~~ i~'fl ~ C ~ ~. m `~ rA Q ~~ Im ~~ I~~ m O_ .~ c m O i O e~- m ~. Eo m wow ~s ~ O ~ .C Y ~ _ m C ~ d O ~ ,~ "' ~ o g ~ E ~' o~ ~~W ~ t0 .N ~ ~ m~~ ~o~ vV ,~ O. ~~ ~~R ~uvr ~ C mo ~ ~. N C ," to .N ~ ~v ~~$i m ,p o o ` E c Z ~~ o ~ c ~ ~ d 'y ~ ~ O O w tl1 ~p c ~ C ~ O '~ r C fA O ~+ 7 ~° ~ U N o ~ l~ ~ E E~ mm ~~ ~ s L +' H ~ ~~ a~ ~ >~ m= ~~ w ~ ~ 3 ~~ ~~w ~ ~ N ~ coo f/J r.: ~• d .~O ~ N ~ y ~ ~ C ~ m .~ ~ '~ O~ .d O N ~ ~ N K m c co '~ a N C w m m c N C cU ~® w~ O ~ ~~ E ~' N 3 O a a t •.. O v C ~~ Q 0 H v c w rn ~y N C E c lif '~ C of O o ~ Q c ~ 2 C ~. ~ J }O LL Q W ~ ~~ ffi ~~ ~~~~ ~m ~ ~ ~~ .~ ~ ~ ~ ~~ ~~~~ ~Q a o ~~ ~y~ 3 o Q uQj O ~ ~~ N ~~ ~ ~ ~ ~ Q m ~ y ~ O ~~ E E m 'a ~ m ~ E '° ~~ ~ c a a .`~ ~~ ~ O w ~ ~~ ~ ~ m V ~~ ~~~~ ~~ ~~ Zm ~~~c ~~ .~n~E~ m~a• .o~~ C ~ ~.~ ~~ o~Em m v~"~ ~~ ®~ .~~ ~~ ~oa~°-° ~$ `°~ 'O ~ C ~ _ mz ~3~~ ~ Es m ~ ® ~' Wam~ C7 C ~. 'c o' N,C ~~ ~~ LLa ~~ z ~~ ~ W Ila '~ O (a D r~'Vm a z~ o 0 0 z ~ z z o~, b ~ °' ~ } ~ O ~ ~ ~ ~ ,o ~o ~ ~ ~ g o ~' , ~~' ~ ~ . ~ '~ V ~ 11' J ~~ ~C~ Q ~ ~~< ~o~g aJw Z~~a~ dam ~?~~ ~ Q ~` ` C t ~ tR ~ tES ~ tR ~ tfs ~ ~ ~ us m ~ o ~ ~ ~ ~ ~ E ~ ~ a ~ ~ ~ ~ ~ O' ~ uv-. a $ WF' a 0 v ~ ~ pp N r qq ~7 r N r ~ r ~ {{~~ N O O y d ~ o a a a ~ er er •! ~ ~ ~ O a E f C s ~e~~~~~ a~ a~c~~ ~il~ .Q ~~ U v~ O ~i ~~ _~~~~~ ~'~~ ~ ~~~. ~.~ ~~~~~ ~~ ~~~~ ~~~~ ~~~ ~~ c~~ ~~ ~~ ~ a ~~~ ~ ~_ _ ~ ~~~ a ~~ ~~ O g 0 l~ .1 X ~ s err ~ 4 9 N ti r IA m `' erf v> a o ~ ~ c ,~ m m F R ~ ~ _~ ~ '~ ~ ~ 2 2~ ' Z c : ~ N W C N ~ O ~ ~ P O i F O N b 0 ~ ~ ~) ~ ~ ~ '" ® r ~_ ,~ ~ 9. ~' ~ ~ W ~ ~ ~ ct ~ W y ~ ~ ~ ,' o ~ 0 ~ ~ ~ o - ~' ~ C ~ t~ ~' U~ F C9 a ro 0 m c~ ~t ~m C 'D C Q ~~ ~ £ ® ~ w '° a ~~ C ~~ ~m ~~ ~ ~ m V • ITEM NO. 6A6 REQUEST Budget Amendment for State of the City Funds $2020.00 MERIDIAN CITY COUNCIL MEETING APPLICANT AGENCY COMMENTS CITY CLERK: CITY MAYOR'S DEPT: See Attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS 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 Cffy of Meridian. October 27, 2009 • z~ ~_ ~o Q; W H ~ O ~a o ~~ ~ N ® ~ w c ~a a .~ m 'o'o. U r u 0 ~~ ~~~ ~ ~ ~ O a V O .~ 0 4 Q .y d 0 0 N m OTC H Z W D z Wg Q W m c a Q D Z at E W e w a~ c c c~ 0 .0 'O !6 m S c rn m m c ~, ~ H m m ~a H ~~ ro c ~~ 3 m a Q~Q t3 O N !0 O C N 3 3 a i ~a a10i (~A O CI "- m~ o~ a m 'E _ `~ o ~ H a~ ~a~ ~_ ~ ~ c w ~' c '~ ~~ '~- ~' c ca 'a ~ .c m too w d .~ m .c ~~ ~~ ~U ~ o .~ c ~ ~~ t~ 3 E ~~ N a ~ ~ cV c v C m d '~ 7 S' c V ~~ om 'v ~~ m o H ~ ~. ~ a ~~ ~ ~ H 7 0 ~m O m 7 .0 N .,~' l0 c =v m a Hl ~, c C ~ ~ v }o} li. _~j is ~g ~~ ~ o ~ E v ~ ~- ~~ w ~~ ~L o ~ 0 v ~~ 3 ~g m R~ E~ ~~ ~ 'o i 'o a~ ~m $~ u~ ~ 3 m v ~ C C V = t ~~ a~ oo~~~ ~~~~ ~, `o ° ~~~~ ~.~~~ ~' '~'~°~ a ~~ ~Qc~ ~ a~ E8 ~~ ~~_~ o E° m ~~ m~ ®~s ~ ~'~~ w~mu • • ~~ -- ~, o '', Ot ~~ ,~ ~~ ~. g OgC z W ~Z C W a~ W g ,~~ ~vm 0 z ~ ^ o ^ z° ~ z° z° ~ ° E ~ w ~ w } ~ a 4 Qc. ~o o ~ O~ ~ ~U (~ c ~~ ~ ~ a ~ 0~ o 0 g o c 0 W ~ w ~p J C c ~~ m a ~ ~ V O ~ V g ~~ ~ ~~a ~ j aUQ J W 0~ c» gam z~~ dam ~?~~ ~ 0 a~ ~ j - ~s ~ s ~ c o u'~ ;~ $ c $ g ~ E ~ ° ~ m a ~ ~ ~ w 10 ~ ~ a~ ~ ~ a t~ ~ d ~ O p - ~ 3 ~ ~ C ~ u. W a ~ u~i J Z !'! m O~ ~_ pop N ~pp !h a N ~ ~ O O ~ O ~ O ~ d ~v o r a r a r v r .r N .r N a N v N ~ ~ a c c a E u .~ Z ..~~QY3'~~3 ~~ ~~~~ ~~~~~~ ~~ ~~~ ~~~ ~ '~ ~ '~ ~~~~~ ~~~~ Q S''~~'Q~ ~~ ~~ ~~ ~~ g~ ~o~ ~a o~~ ~.~~ ~ ~~~ ~~ ~ ~ U ~~ ~~ o 0 w .. ~ '_ O ~ : ~ ° V 0 z ~ !~'! ~ ~ w~~~ ~~~~ 'S ~ 'S ffi 'a C w C O E ~~ t O v t ~~ e E~ `o~ ~~ ~~ ~~ ~~ a ~v~ w C o E ~, m~ E° W v~ a~ v • MERIDIAN CITY COUNCIL MEETING APPLICANT ITEM NO. lSA7 REQUEST Union Pacific Right of Entry Agreement AGENCY COMMENTS CITY CLERK: CITY MAYOR'S DEPT: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS 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 properfy of the Cffy of Meridian. October 27, 2009 ROE 880702 Forth Approved, AVP-Law RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of October, 2009, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad"), and the CITY OF MERIDIAN, an Idaho municipal corporation, to be addressed at Meridian City Hall, 33 East Broadway Avenue, Suite 300, Meridian, Idaho 83642 (hereinafter the "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. DEFINITION OF LICENSEE. For purposes of this Agreement, all references in this Agreement to the Licensee shall include the Licensee's contractors, subcontractors, officers, agents, employees, and invitees and others acting under its or their authority. Article 2. RIGHT GRANTED; PURPOSE. Folder No. 2586-75 The Railroad hereby grants to the Licensee the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the portion of Railroad's property in Meridian, Idaho, for the purpose of public parking in connection with "Meridian Business Day" to be held on November 10, 2009. The right herein granted to Licensee is limited to those portions of the Railroad's property specifically described herein. Article 3. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C. The terms and conditions contained in Exhibits B and C, hereto attached, are hereby made a part of this Agreement. Article 4. ALL EXPENSES TO BE BORNE BY LICENSEE. The Licensee shall bear any and all costs and expenses associated with any work performed by the Licensee, or any costs or expenses incurred by the Railroad relating to this Agreement. Article 5. TERM; TERMINATION. A. The grant of right herein made to Licensee shall commence on November 2, 2009 and continue until November 13, 2009 unless sooner terminated as herein provided, or at such time as Licensee has completed its work on Railroad's property, whichever is earlier. Licensee agrees to notify the Railroad Representative in writing when it has completed its work on.Railroad property. • B. This Agreement may be terminated by either party on two (2) days written notice to the other party. Folder No. 2586-75 • Rai; 6so~oz Form Approval, AW-1.a~x Artide 6. CERTIFICATE OF INSURANCE. A. Before commendng any work, the Licensee will provide the RaUroad with a Certificate Issued by its insurances eatrier providing the insurance coverage required pursuant to Exhibit C of this Agreement in a policy which contains the fapowing type of endorsement: "Union Pacific RaNroad Company ~ named as additional Insured with respec# to all Ifabiltties adsing out of Insun~ti's, as Licensee, performance of any work on the property of the Railroad." B. Llcertsee warrants that this Agreement has been thoroughly reviewed by its insurance agent{s)/broker(s) and that said agerit(s)lbroker(s) has been instructed to procure Insurance coverage end an endorsement as required herein. C. All insurance correspondence shall be directed to: UNon Pacific Railroad Company, Din3dor (Attn.: Jim Larson -Folder No.02570-28), 1400 Douglas Strut STOP 1690, Omaha, Nebraska 88179-4690. Article 7. PROTECTION OF FIBER OPTIC CABLE SYSTE Fiber optic cable systems may be buried on Licensor's property. Protection of the fiber optic cable systems Is of extreme importance since any break could disrupt services to users resulting • In business interruption and loss of revenue and profits. Prior to beginning any work,. the Licensee shall telephone the Railroad at 1-800-338-9193 (a 24hour number) to determine if fiber optic cable is burr anywhere on the property set forth herein. If it is, the Licensee shall also comply with and be subject to the provisions contained in Section 6 of Exhibit 8. Amide 8. ENFORCEABILITY, CHOICE OF LAW: CHOICE OF FORUM. This Agreement shell be governed, construed, and errforc~d in accordance with the-laws of the state of Nebraska. Litigation arising out of of connected with this Agreement may be instituted and maintained in the courts of the state of Nebraska and Idaho only, and the parties consent to jutisdidion over their person and over the subject matter of any such litigation, in those courts, and consent to seniice of process issued by such courts. `1``,~,~Oc ~ ~ t ~ l',r'''i IN WITNESS WHEREOF, the parties hereto have caused this Agreement ' i ~q~~ ~, executed as of the date first herein written. ,.~~ R9T~ "~ ~'', ~ o UNION PACIFIC RAILROAD COMPANY CITY OF MERIDIAN ~ - r 8~ - _... ~ ` Manag r Real Estate Mayor ~~'~,, 'C.OY , ~~~.~~~ Purse t to ordinance, re~utfon, ar other evldenca~er ~ , ' ~~ %% plop city to execr~t® th s fistrrrmeni; a f which ~taU be attached to the RaJ/road's atfgfnal aounterparf of this document) ., Fol~rNo. 2566-75 ROE 920316 Form Approved, AVP-Law EXHIBIT B Section 1- NOTICE OF COMMENCEMENT OF WORK -FLAGGING. The Licensee agrees to notify the Railroad Representative at least Ten (10) days in advance of Licensee commencing its work and at least 24 hours in advance of proposed performance of any work by the Licensee in which any person or equipment will be within 25 feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within 25 feet of any track. Upon receipt of such notice, the Railroad Representative will determine and inform the Licensee whether a flagman need be present and whether the Licensee need implement any special protective or safety measures. If any flagmen or other special protective or safety measures are performed by the Railroad, such services will be provided at Licensee's expense with the understanding that if the Railroad provides any flagging or other services, the Licensee shall not be relieved of any of its responsibilities or liabilities set forth herein. Section 2 - LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of the Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wielines, pipelines and other facilities upon, along or across any or all parts of its • property, all or any of which may be freely done at any time or times by the Railroad without liability to the Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Railroad's property, and others) and the right of the Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3 - NO INTERFERENCE WITH RAILROAD'S OPERATION. No work performed by Licensee shall cause any interference with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Railroad, its lessees, licensees or others, unless specifically permitted under this Agreement, or specifically authorized in advance by the Railroad Representative. Nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. When not in use, Licensee's machinery and materials shall be kept at least 50 feet from the centerline of Railroad's nearest track, and there shall be no crossings of Railroad's tracks except at existing open public crossings. Section 4 - PERMITS. Prior to beginning any work, the Licensee, at its sole expense, shall obtain all necessary permits to perform any work contemplated by this Agreement. • Exhibit B ROE 920316 Form Approved, AVP-Law Section 5 - MECHANIC'S LIENS. The Licensee shall pay in full all persons who perform labor or provide materials for the work to be pertormed by Licensee. The Licensee shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be enforced against any property of the Railroad for any such work pertormed. The Licensee shall indemnify and hold harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor pertormed, or materials furnished. Section 6 - FIBER OPTIC CABLE SYSTEMS. In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of the Licensee, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Licensee shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 7 - COMPLIANCE WITH LAWS. In the prosecution of the work covered by this Agreement, the Licensee shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Licensee shall use only such methods as are consistent with safety, both as concerns the Licensee, the Licensee's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Licensee (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's property. If any failure by the Licensee to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Licensee shall reimburse and indemnify the Railroad for any such fine, penalty, cost or charge, including without limitation attorneys' fees, court costs and expenses. The Licensee further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. Section 8 - SAFETY INSTRUCTIONS. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work pursuant to this Agreement. As reinforcement and in furtherance of overall safety measures to be observed by the Licensee (and not by way of limitation), the following special safety rules shall be followed: A. The Licensee shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of . the job. The Licensee shall have proper first aid supplies available on the job site so that prompt first aid services can be provided to any person that may be injured on the job Exhibit B ROE 920316 Form Approved, AVP-Law site. The Licensee shall promptly notify the Railroad of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any person that may arise during the work performed on the job site. The Licensee shall have anon-delegable duty to control its employees, while they are on the job site or any other property of the Railroad to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage or illegally obtained drug, narcotic or other substance that may inhibit the safe pertormance of work by an employee. 6. The employees of the Licensee shall be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing or free use of their hands or feet. Only waist length shirts with sleeves and trousers that cover the entire leg are to be worn. Ifflare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. The employees should wear sturdy and protective footwear. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes or other shoes that have thin soles or heels that are higher than normal. In addition, the Licensee shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations or Railroad officials overlooking the work at the job site. In particular, the protective equipment to be warn shall be: 1. Protective head gear that meets American National Standard-289.1-latest revision. It is suggested that all hardhats be affixed with Licensee's or subcontractor's company logo or name. 2. Eye protection that meets American National Standard for occupational and educational eye and face protection, 287.1-latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, burning, etc.; and 3. Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the job site. 4. All heavy equipment provided or leased by the Licensee shall be equipped with audible back-up warning devices. If in the opinion of the Railroad Representative any of Licensee's or any of its subcontractors' equipment is unsafe for use on the Railroad's right-of--way, the Licensee, at the request of the Railroad Representative, shall remove such equipment from the Railroad's right-of--way. Section 9 - INDEMNITY. A. As used in this Section, "Railroad° includes other railroad companies using the Railroad's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (i) injury to or death of persons whomsoever (including the Railroad's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and (ii) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Railroad, or property in its care or custody). Exhibit B ROE 920316 Form Approved, AVP-Law • B. As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to indemnify and hold harmless the Railroad from any Loss which is due to or arises from any cause and is associated in whole or in part with the work performed under this Agreement, a breach of the Agreement or the failure to observe the health and safety provisions herein, or any activity or omission arising out of performance or nonperformance of this Agreement; regardless of whether caused solely or contributed to in part by the negligence or fault of the Railroad. C. Any liability of either party hereunder to one of its employees under any Workers' Compensation Act or the Federal Employers' Liability Act shall not be questioned or in any way challenged by the other party, nor shall any jury or court findings, resulting from any employee's suit against either party pursuant to any such Act(s), be relied upon or used by either party in any attempt to assert common law liability against the other. Section 10 - RESTORATION OF PROPERTY. In the event the Railroad authorizes the Licensee to take down any fence of the Railroad or in any manner move or disturb any of the other property of the Railroad in connection with the work to be performed by Licensee, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Railroad, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs ® and expenses of whatsoever nature, arising from the taking down of any fence or the moving or disturbance of any other property of the Railroad. Section 11 - WAIVER OF BREACH. The waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in noway impair the right of the Railroad to avail itself of any remedy for any subsequent breach thereof. Section 12 - ASSIGNMENT -SUBCONTRACTING. The Licensee shall not assign, sublet or subcontract this Agreement, or any interest therein, without the written consent of the Railroad and any attempt to so assign, sublet or subcontract without the written consent of the Railroad shall be void. If the Railroad gives the Licensee permission to subcontract all or any portion of the work herein described, the Licensee is and shall remain responsible for all work of subcontractors and all work of subcontractors shall be governed by the terms of this Agreement. Exhibit B EXHIBIT C Contract Insurance Requirements Lease of Land -Self-Insured Lessee shall be permitted to self-insure, except Lessor reserves the right to withdraw its authorization to self-insure by providing Lessee with 90 days written notice, during the life of this Agreement (except as otherwise provided in this Agreement), the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property° as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement -Hazardous materials clean up (MCS-90) if required by law. C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: Lessee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Lessee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. In any and all Claims against Railroad by any employee of Lessee, Lessee's indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable under any workers compensation acts, disability benefits acts or other employee benefits acts. D. Pollution Liability insurance. If permitted use as defined in this Lease includes any generation, handling, enrichment, storage, manufacture, or production of hazardous materials pollution liability insurance is required. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least $1,000,000 per occurrence and an aggregate limit of $2,000,000. If hazardous materials are disposed of from the premises, Lessee must furnish to Lessor evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. E. Umbrella or Excess insurance. If Lessee utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy. Other Requirements • F. All policy(ies) required above must include Railroad as "Additional Insured" using ISO Additional Insured Endorsement CG 20 11 (or a substitute form providing equivalent coverage). The coverage provided to Lessor as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 11, provide coverage for Lessor's negligence whether sole or partial, active or passive, and shall not be limited by Lessee's liability under the indemnity provisions of this Lease. G. Lessee waives all rights against Lessor and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the workers compensation and employers' liability or commercial umbrella or excess liability insurance obtained by Lessee required by this agreement. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Lease, or (b) all punitive damages are prohibited by all states in which these premise(s) are located. I. Prior to the effective date of the Lessee, Lessor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements of this Agreement; or, if Lessor's insurance obligation in this Agreement is retained by Lessor, Lessor shall furnish Railroad with a completed and executed Declaration of Self-Insurance from its Risk • Manager or equivalent officer certifying that the program to manage its risk of loss will comply with the insurance requirements of this Agreement. J. All insurance policies must be written by a reputable insurance company acceptable to Lessor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Land is located. K. The fact that insurance is obtained by Lessee, or by Lessor on behalf of Lessee, will not be deemed to release or diminish the liability of Lessee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Lessor from Lessee or any third party will not be limited by the amount of the required insurance coverage. r o Z w~ ~ ... w Z O m 1 N° ~ o aw N wl ~ B i S'3'v}?C '11 ~~ ° " ~ w~ 31p1 yt '~ I t N '- d O r o ra0 r -? - ~ 1 ~1 ~ I t r Z ~ U Z O w .. ~ l~u) 18,1"£I lst:d „X„ 3 S'O2+Q091~, i 1 ; a ~-~ j'' za a J o vwi w II as o S SW' 1 '~ ~ + = w° r Q Q m y ~ trQ ~J4 4iL15Ytl0 lld,ebgtl.lNi ,a i ,~ i f o °Dm m~ a i t w oQ J PWf1 7 48tFOBi~ i °., x z J ~ w NW~ uoydLS d'W'7,.0£-bb'100 ,~~ ~ T:c,l °OrLL ,x,, U z P a v swim x 1 O) 12'LS4-$'aM'+tto0 3 OB}i08! ~ i t- `- •~ i ` ~ 46+C081 ~o ~ o vii a `^ LLz o o ; f ~ p.--.--.-- o ~~ ~ o ~4 l i 1 'Y02 k ~ ~` ~~ t'A ~+~ w r U w a a x ~ I},. ~ ~n / ~j /J mw Q ~ o ~ ~~ t ~ ~ f r O 1 " w f11 ~ ~ / ~ o r~ ~~ I o i, z v Z it 1 ! t ~ ~ a ~ ~ I .I t l ~ '° z } ~ 1 ' 1 ~ i ~ 1 1 ! I I ly ,8'LI1!olap sadoH O'9L~+9U t I i ~ r 1 ~ '1!!,6'11 isQd X~S'f0+90 t f~ f'pt~ t 1 1 ., i ~ 'iH.9B clod taoti~lS OSOiF80 t ~ t ~ 1 ~ t '~. t i i L ~ i I, ~ I t ~_~ - I i I........ ... ~ ~.. ~ .. I ! ~ ~ } fl'KYf C ONIM anYirl'~-~w•0 1 t 1' i t ~ ~ .1S 4~~ • 3 -- , --'_ .~E ! X`r_ s~ba+LO ' z zt+lo •i-1, .~.. = 1'9£+LO a W z z o -•-~---- 19 3' 14 3 '~ ~~ `.` o' 8b+c o s w a o 3 Z x x o J in ~n x J w ~;ri ~ a m x o U 11 1 ca ~ w w r ¢ z 117 i i ', a a o ui a w w ¢ v o ~n ~ In W a a a r ¢ Is U m Z Z 1 ~ 1 f{ y U Q ~ ow zw 1 1 Q ,Qil ,~• ° J Q J .~ W l(7 ~ - Uw V1LL M ~' N {Y N 1 \ QI'1 ~ r 1 ~ ~ '~ F- W '0£+01 N f ~` N x~ I p Q ~ n L7 .x ~~ __ ~~ i ~ ~ ~~ o ~ ~ '1S aNZ '3 +u t ~ U _ - f ~ .I Q m Q z Z LD9>;£`~I j~ 1'69+s! i ~ i v N .u w Q Q 1 ~ t ~~ ~ W w Nj s ~ i t ~ (Y ..+ ~.~ ^ ~ t Q Q Q 4.L1 W a a ~r I I (~ ~ Q i Q Q ~ n t W W W t i I i w l J J I ~ ~ Q m n aeta~ •ao~s a a+~~ •,o Id aoz-£1s1~ ,' o o W ^ )~ t :+ In to ~ --u-.. _ I of O O ~ (`7 A'iO •! ' i~ i `~~. _,a•~. _ ' 444 Z1 o w 0' ......I s ~, a I ~ .ice _ ~. ~ (.7 a ~ ~ --- - '--' ('') ~! j_waaalwa.;o+r -. - ~ .~ ~1S Nlb'W m~~ _ m ~ 1.1.1 -,:. ~ ~ /~ ~ U .--~ O Q i ....'..'',bO ;'.. ~ ~ ~ N R ~' o c a O - p I m ri Q~ t -. ~ m ° ~ W ~U111 ~ w - ~ m I- m 1--a ~ Q C ILOU a` C N (' C M .Wr r 2 1 N CERTIFICATE OF INSURANCE Issue Date: Thursday, October 29, 2009 8:14:35 AM Ag ne t for Public Entity: This certlflote is Issued as evidence of the insurance coverege provided James Fullinwider to the named Insuring~Parddpant. It does not amend, extend or alter I American Insurance LLC the coverage afforded by the polities below. It does not extend 0 Box 650 coverage beyond that permissble by the Idaho Tort Claims Ad: (Tide 6, Meridian ID 83680- Chapter 9, Idaho Code) -- - - - Insuring Pool Participant: PROGRAM AFFORDING COVERAGE: City of Meridian Idaho Counties Risk Management Program, Underwriters 33 East Broadway, Ste. 308 Meridian ID 83642- ~- - - -- - IThis is to certify that the policies of insurance listed below have been issued to the Insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract: or other document with respell: to whid~ this certifcate may be Issued or may pertain the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such polities. lJmits shown may have been reduced by paid claims. Section Type of Insurance Policy Effective Expiration Deductible: Number -Coverage Form Number Date Date $2,500 29A02114100109 Otiober 28, 2009 September 30, 2010 Umits I PROPERTY INSURANCE A. Buildings, Strutiures and Personal Property Amount Reported in Schedule of Values -OCCURRENCE FORM B. Automobile and Mobile Equipment Physical Damage and with limits, conditions and exclusions C. Operational Disruption Expense D. Valuable Papers and Records For Claims For All Other Brought Pursuant Covered to Titre ,Ch.9, Liability Claims Idaho Code II COMPREHENSIVE A.General Liability Each Occurrence $500,000 $3,000,000 GENERAL B. Premises Medical Payments Each Person $5 000 ~~~~i~TryY ~B , UCCORRENCE FORM Each Acddent $100,000 C. Law Enforcement Liability Each Occurrence $500,000 $3,000,000 III AUTOMOBILE LIABILTY A.Automobile Liability Each Occurrence $500,000 $3,000,000 -OCCURRENCE FORM B• Automobile Medicll Payments Eadi Person $5,000 Each Acddent $100,000 C. Uninsured Motorist Eacli Occurrence $500,000 N ERRORS AND OMISSIONS ERRORS AND OMISSIONS LIABILITY Each Occurrence $500,000 $3,000,000 Employee Medical Ins Beneflt Liability V CRIME INSURANCE A.Employee Dishonesty Each Oavrrence $500,000 -OCCURRENCE FORM B. Money and Securities (within premises) (INCLUDES PUBLIC C. Money and Securities (outside premises) OFFICIALS' D. Money Orders and Counterfeit Currency SURETY-IN-LIEU) E. Depositors Forgery VI BOILER AND MACHINERY A.Damaged Property Each Occurrence Varies Per Item -OCCURRENCE FORM B' Expediting Expenses Each Occurrence $2,500,000 C. Buisness Income and Extra Expense Each Occurrence Included D. Spoilage Damage Each Occurrence $1,000,000 E. Utility Interruption Each Occurrence $2,500,000 F. Newly Acquired Premises Each Occurrence $5,000,000 G. Ordinance or Law Each Occurrence $5,000,000 H. Errors and Omissions Each Occurrence $10,000,000 Generel Aggregate $100,000,000 Description of Operations/Locations/Vehicles/Restrictions/Special Items: Right of Entry Agreement with UPRR The Certificate holder, Union Padflc Railroad Company) is named as an additional Insured to the fullest extent allowed by Article VIII, Section 4 of the Idaho Constitution and the Idaho Tort Claims Act. We agree to provide a defense and indemnify Cerdflote holder with respect to any alleged negligent or grossly negligent conduct committed by the primary insured political subdivision or its employees, officers, volunteers or agents which fall within the coverage of the policy of the insurance evidenced with this certificate. The listed certlflcate holder as loss payee as their interest may appear. The policy does not have an exclusion or limitation for any work done within 50 feet of property. Cancellation Certificate Holder: Lease/Loan #: Should any of the above described polices be cancelled before the expiration date thereof, the pion Padflc Railroad issuing Program will mail within 30 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation ar liability of any kind upon the Program, Director J(m Larson Folder 02570-26 its agents or representatives. 1400 Douglas Street, STOP 1690 Authorized Representative Omaha NE 681790910 ~p ~ l3'l.rG,lf7~1~f1 ICRMP 10/09 L • MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. 6B1 REQUEST Appeal by Rob Haddock for Waiver of Annexation Application Fee AGENCY COMMENTS CITY CLERK: CITY MAYOR'S DEPT: CITY PLANNING DEPT: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS 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 C(ty of Meridian. ~~~~jVE i ocr ' ~ ~ z~ October 14, 2009 CITYpF C/7yC~ER OF" C E Dear City Council, We are requesting under UDC-11-5A-76 that you consider waiving the annexation application fee of $2,092 for our property at 650 Waltman Ln. We built our home in 2002 and entered into an annexation agreement with the City of Meridian in consideration for hooking up to city sewer and water services. At that time, we did not have adjoining city neighbors allowing us to annex. We started a drywall business in 2004 and built a shop shortly thereafter. The business dissolved in 2007. Lowell and toy Jons, my in-laws, are in their 60's. Lowell retired as a foreman on a cattle ranch in Hermiston Oregon where he worked for over 30 years. The home they lived in was owned by the ranch. They have never owned a home before and didn't have any good options for places to live. We offered to let them move into our shop. ® I am in the construction business, and last year had a net operating loss for the first time in my life. We have burned through our savings. We owe more on our home than it is worth. My income is at least 40% lower than 2 years ago. I have 5 children ranging from 4 years old to 15. School shopping this year was for the necessities only. My in-laws are also struggling. Lowell has a heart condition that prevents him from working. Joy is a cashier at WalMart. They haven't even been able to contribute to utilities for over a year because of medical bills and credit card payments. I understand that a condition for annexing will be to make improvements on the drive to the shop that is over 100' long. This will add to the strain on the already tight budget. Our only alternative to annexation is to move my in-laws into our home and remain in Ada County. I appreciate your consideration in this matter, and would be happy to answer any questions. Sincerely, ~i/ l~ f Rob Haddock 573-3135 MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. 6C~ REQUEST Ten Mile Interchange Landscaping Agreement/Update by Steve Siddoway and Wade Christiansen (ITD) AGENCY CITY CLERK: CITY MAYOR'S DEPT: CITY PLANNING DEPT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS 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: _ i Emailed: Staff Initials: Materials presented at public meetings shall become properfy of the City of Meridian. COMMENTS See Attached INTERAGENCY AGREEMENT FOR LANDSCAPING AND MAINTENANCE OF THE INTERSTATE-84/TEN MILE ROAD INTERCHANGE ITD Project No. A011(932) This AGREEMENT ("Agreement") is made and entered into this day of by and between the Idaho Transportation Department (hereinafter, "State"), and the City of Meridian, an Idaho municipal corporation, (hereinafter, "City") (collectively, the "Parties"). RECITALS WHEREAS, the City has requested that, ~,~'he State approve the expenditure of transportation funds for landscape treatments o~i~';the Idaho Transportation Department's Interstate 84 /Ten Mile Rd IC Landscaping Pra';~'~ct No..~011(932) to provide scenic enhancement of a gateway road into the City of Nt~r'~d~an; and WHEREAS, the City is committed to protecting 'the investment of these funds by performing certain maintenance as agreed upon between''lhe parties; and WHEREAS, authority for this Agreeme~t'is established in Section 40-317, Idaho Code, which allows for cooperative agreements betwe~rl the Idaho Transportation Department and municipalities... for the consx~uction of and improvements to bridges and state highways; and NOW THEREFORE, iri consideration cif the mutual covenants and agreements herein contained, the parties do mutually undertake, promise, and agree as follows: I. Ap~,ropriation of Funds This Agreement contemplates that the State will appropriate sufficient funds, not to exceed $880;000.00, to design and construct landscaping for the new interchange at the junction of Interstate 84 and Ten Mile Road, in Meridian, Idaho, near Mile Post 42.00 (hereinafter, "Project Site"). This Agreement is limited to that project, identified as ITD Project No. A011(932) and specifically shown on Exhibit A, attached hereto and incorporated herein: If, within two (2) years of signing of this Agreement by the parties, sufficient funds for this transportation project are not appropriated and a bid process is not completed with the awarding of construction of Project No. A011(932), this Agreement shall become null and void and neither party shall have any obligations to the other under its terms. • I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 1 II. Responsibilities of State 2.1 State will design and install landscape features in accordance with the Project Plans for Project No. A011(932), shown on Exhibit A to this Agreement. 2.2 State agrees that it will provide and install landscape improvements described as follows: a. Four (4) Islands/Approach Triangles improved with shrubs, perennials, non-mown grasses, rock mulch, sidewalk, stamped.. colored concrete border, topsoil, and pressurized irrigation system; b. Two (2) raised median areas on Ten Mile Road improved with shrubs, perennials, non-mown grasses, rock mulch, stamped colored concrete border, topsoil, and pressurized irrigation system; c. Interchange ramp and Ten Mile Road slopes improved with non-mown grass; d. Interchange detention ponds improved with water tolerant shrubs and water tolerant non-mown grass; 2.3 State agrees to notify City of'~~~;~y future highway construction that would impact the landscape improvements covered~'~~~~!~~"''"`phis Agreement, and to seek mutually-agreeable solutions to any such construction in order to minimize the ~ii~'struction or removal of the landscape improvements covered by this Agreement. If a solution is not found, both parties understand and agree that State shall be allowed to remove the landscape improvements at its expense _ and that City's obligations under this agreement shall cease. In such event, State agrees to provide sixty (60) days written notice to City prior to any construction or other actions to remove the landscape improvements. 2.4 State agrees to hald contr~~ptors/subcontractors responsible for any and all damages to ''°the landscape improvements resulting from contracted work at the Project Site. 2.5 State, or its Contractor, shall assure the establishment of plantings by watering, cultivating,. replacement of plants or mulch, and other work necessary to maintain the plants in a hea~~~hy condition; throughout a plant establishment period of one year. 2.6 State shall maintain the Ten Mile IC bridge structure, including the irrigation pipe sleeve provided for installation of the pressurized irrigation system though the structure. 2.7 State agrees to hold all contractors responsible for warranties provided under agreements between State and contractors/subcontractors for the benefit of City in its maintenance obligations under this Agreement. All warranties shall be for a minimum of a one year period from date of substantial completion. I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 2 III. Responsibilities of City 3.1 The City will review and approve the construction plans and specifications, prior to the project advertisement for construction. 3.2 Upon completion of construction of Project No. A011(932) and City inspection and sign-off of the landscape improvements, City will assume responsibility for maintenance and care of the landscape improvements described alcove, as follows: a. Maintain all shrubs, perennials, and grasses in a heal't~l~y condition, replacing any vegetation with same or eq~uivalent plantings as needed, after completion of the one year esta~ih'lishment period; b. Maintain the graded areas to the shape and contours as established at the Project Site, unless a modified grading plan is approved by Idaho Transportation Department; c. Remove trash and other roadside debris from the approach triangles formed by the on and off ramps at the Project;Site; d. Trim and prune as required to remove dead.. materials and to maintain the vegetation in an attractive condition; e. Operate and maintain the pressurized irrigation system, including main and distribution pipes,, the pressurized irrigation pipe within the pipe sleeve in the interchange bridge ' ,structure, valves, sprinklers, and control system, after the Contractor warranty periods are complete; f. Maintain sprink!1!ers so that they do not wet the roadways. g. Utilize State-a ~ ~ ~ 1~~~, ved high'~vay safety procedures for City personnel during 'll times of ~,andscape maintenance completed within the State retained Right-of-Way; 3.3 City shall be required to perpetually maintain the landscape areas within the Project Site as shown on Exhibit A, subject to annual appropriation of such maintenance cost by the City and in~° conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. 3.4 Should the City desire additional landscape improvements after completion of Project No. A011('932), City will comply with State's standard permitting and approval process for work completed within the I-84 and Ten Mile Interchange Right-Of--Way. • I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 3 • IV. Indemnity Should any part of the landscape features within the State retained Right-of--Way and maintained by the City be damaged or destroyed though the wrongful or negligent act of any third party, the State will make every effort to determine the identity and whereabouts of the responsible party and the State will attempt collection of the costs of the repair or replacement. If the State is able to collect the cost of repair or replacement, it will advance the funds to the City, based on City .estimates or repair invoices. City does hereby indemnify, save and hold harmless State from and against any and all liability, damages or costs, known or unknown, relating to or as a result of City's maintenance of the Project Site and not as the result of the negligence of State. State does hereby indemnify, save and hold :harmless the City from and against any and all liability, damages or costs, known or unknown, relating to or as a result of defects in the construction of Project No. A011(932) resulting in additional cost to the City to plant, repair, replace or maintain the. aesthetic improvements which are the subject of this Agreement and not as the result o~ the negligence of the City. V. Term~~~.f A,~i~eement It is anticipated the term of this Agreem~rit shall be perpetual, subject to annual appropriation of such maintenance cost by the City and in conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. Neither party may terminate this, Agreement without the prior written consent of the other party, other than as set fort~~~i~t''I'hi~~s Agreement. VI. General Provisions 6.1 Contact' Information: The contact for the Idaho Transportation Department shall be the Assistant histrict Three Engineer (Operations) at (208)334-8300. The contact for the City of Meridian shall be the Director of Public Works at (208) 898-5500. 6.2 Termination "of Interagency Agreement/Nonappropriation: Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. 6.3 Attorney Fees: In the event of any controversy, claim, or action being filed or instituted between the parties to enforce the terms and conditions of this Agreement, or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other Party all costs, damages, and expenses, including reasonable I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 4 attorneys' fees including fees on appeal, incurred by the prevailing party. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration. 6.4 Choice of Law: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Idaho. 6.5 Exhibits: All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth i~;~,,,,,their entirety in this Agreement. 6.6 Entire Agreement: This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall' be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. 6.7 Acknowledgments and Modifications: No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure there from, shall be effective unless in writing and signed by State and City. 6.8 Headings: The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 6.9 Counterparts: This Agreement may ,be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same ..instrument. End of Agreement [Signature page follows.] • I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF MERIDIAN IDAHO TRANSPORTATION DEPARTMENT Tammy de Weerd, Mayor Attest: Assistant Chief Engineer (Development) Recommended by: City Clerk District Engineer, District Three APPROVED AS TO FORM.• Date Deputy Attorney General Date • I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 6 • ~~ LJ • Exhibit A Index Sheet Number 1 2 Landscape Area Figure 1 Landscape Area Figure 2 I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 7 .J • C~ zN ~~ Q~ U (I7 ~-' 0 O zQ Qo JzM~ ~ F ~ ~- ~ z W ~ ~ W ~ ~ z U ~ ~ ~ J~ ~ ~ ~ H W Y V W ~NN W H1 ~ S zQ ~~~ W ~ d ~-- J ~ ~ b v Q W ~ ~ ~ ~ ~ W N W W # F 00 Y ~ ~ a Q ~ ~ ~ _ ~ m n ~ ~ ~ W Y ~~ ~: ~ ~Y < o ~ ~ ~ LL 4~ • ~yuu~~ ~ _ g 4~~~~ ~' ~F F 7xt ~Ybtb~ yy;r~ & ~'^O~~ WxY~~~ 3 rc ~'_~~~ d ~FQooF b ~' ~ F ~ ~ ry ~ Q ~ ` j ~ ~ ~ fv x Y< N 6 U V `~ < N ~~~ ~1S+~m1}1 `~~~ ~ ~ Y O O~ ~YI ~•~i W` ~ YK~ ~ ~ d N ~ y ppp (yy(~~ y O~ W~ N W 0~ « ~ ~ W W v p~}yWW~~o y~y'}}y ~}~~J yyj~y~~.W YI { o W pp5~ O O~ O= J~~`; J~ W~ y N71 I F N pN W O U CCC UUU'" 3V1Y 4 YOmN S 6 U ~ •NJ Q ! ~J.~ ~ < v L {~ y~ y~ J N ~K ~~~N ~IVi Y ~ W ~ ~Y ~ d IY • 8 -~+Q U V1 Z 1Ie1Hx3 33S 3NIl H~1VW F .,:~ .,~" ~ ; `I z. 3 t ~ 3~ ; , '.;l~f.; ; :~:r~.~::.::':::: I }•::• I a :,:~I .:.:::::::::: I I~l ~' ~ i' ~:i 1 1 1 i~ •:'l { ~' r ~~ 1 #' ' ' ~ I . 1 . ~F, < :4 I , . ~ i o ,~. , I '~ r ~~ ~ W ~ '~~~ ~ i f ~ :~ ~... I,•.•.. :~:F:<... I•.~:•: ' ~: ... , ;:'t;:;:.; ~: ~.. 1:.: .:p :;~~ ~ r.. i 1 2f:: ::a1I:;. :;:L;<:;: i i s : : { : a ~;~fa~'~ I I ~~'~ ' i t I :f:: '.~! .~ ~'~ i i ~.~:~:~:~: x ~:;I;:;: <;: t t',.•.• ~i~' '~:. ;~:r:: :i: :~i•; :~~:-t: ;~: ~:a;' ::'~:*,:: i I ~ t 1'~~ 1 ~ ~ ~~. .~t;, ~ 1 f ~~"r.:~ U ! ' ! ~ .~I t i; ~ I 1 f ,;.~ IJ.;~ O ~ ~ I. Z i. r Ili a i ~ 1 ~ .~. ui ~ ~ k ~ _ i ~~ 't' P r ~ U N i ~ 7 II; i F. ~ !!tt~# ? Ili p i i ~ T j: II r m~^ I I I ~; iY t~ = W Q I t f: N 1 W rJ.. M i F U: 1 W I Z 01 ~ ~ .. .. I~ d:' i r7. :. I ~: ~ W ~ I ~'~ Q 9 1 Il: ~ ~~ W i I, i N i I~ i II . J d Y 1 ~ II • S ~ - 2 ~$+v a u v N N £ 1181HX3 33S 3Nil H~1VW J ;:~{:; :' i m O .. t:;.: ~ ,~ , = o ''t ` ~ a ' ~, W ~ Z ~ ~Z ~:>::'::::: ~ W t { 1 ! '~ ~ ~.ax rj r ~- ~} m k ~. ' r .•.5. ,... ¢t ~' ~ ~ 11 ~ ~ '~ ~'1~1 N ~~ lc i i 1 •,,~,,~ • • l s .,.r..~:~:,...~. , •~ r ~ ~' i i~ 1 ;~ ~ .> .. ~` m 4 ,,~•r ~~ s' W W l ea ~l ~ Z ~.__ y _ _.._-a,_._. J l ' U s a ''' 1: ~ ~ ~ ~~~~' ~~ ~':. _ k: ~ ~ 4; ~ ~ '~ ~ - .~;;~ { ~ t t ty R :~: ~ ~1 ~f . } ~ t~ •' s 1 ••. , . f • { ~ f 1. ~ L ~} t ~ •, ~1 '~ M .,t.; ., ..,. l 1181HX3 33S 3Nil H~1VW • • • 0 0 ' ~ ~a Z N U N 1 ~~ ~ ~ I I•I •I M'1 U I :1 I I i M r I ; i Os . O . ,1 I iI •I . ~ ~. m I 1 Q I ~ X J i a I i i W ~. M ~ Z 01 ~I, .I W I I :: .I Z .~ ~ I i I• H V ~ I I I : N W Z I ° i I: ~ ; r.- ~or ~ ~ W ~_.a x I I: I `I I• i 3 i ~ 3 13 e I .I I. I I .•.1•.i s l :~:i, `1 I i ~:~~:; a ;I ..{~ I 3 I .'.:a:y J ... i~ ; i ': t:.l . <<.;.: :~ `~~s~~; ~~57:: ~' {:~3~ i..., 1 P 1 i.. I ~ .; ' ?G:` .'I ; i'::.: ;I :~'%t:•: :1: ' ;.~:~. a' i:~ I r:: f ~i: ~ t., ~. f. ~~ ~: y ~ -'-t, f ~ . ~ o o ~ I .,' r I E I : Z a o ~ 0 m : :~ 1 f 1,• ~ 1 ,. '~ ,y 1 ;, ; w ~. 1 t f. ° 2 v m ~ 1 ~~ ~ ~ ~ t` ~ : : ~: f ,. • ; : ~ ;, ; ~~ i , t {~I : ~ f ~ ::f { ~~ ~`: a ~ i ti U i ~. ~ :• .. ~ ~ ' 1 ~: ~ 1 t ~ ~ U 1 £ 1I81HX3 33S 3 N1~ H~1VM • S 118iHx3 335 3Nll NV 3218 (~ b Z ~ .: j ~ V U . ~ ,, YJ.~.-. = J I ;.i ,.1 _. ~ mom... t -~- ~ M /I j W ~ Z ~ :/ j N ~ W 2 __:_ ~ I j ( , I , .1 I >~. i i E ~._._._._,_._.~ ~. ..J I ~ I I ,' q. i i) i i I ; ~' i i i i I - w i I i ~.- {` i I ... I '' I It ~.,,.~,*. _ ~ i }y ~ :~:1 1 J .,.,~ ~ ''~ ~ I ~_'.'~~:'~ 2 I I W I :{" H I i j:y. ~ I ~ : 1 I ~ I I ~ ~~. _ t ...... •- I i . 1 .. ~ } 1 I .• ~ I ~ .} ~ I I >~<~' : ?:~ 1 `~y~. ~ {: ~ '. } ..r 1 ii I ~. j - ' 1 :.. ]{ j li I ;: I [FF. 1 - I ~ I ~ w I - II W Wrn n - I ' I j I W r ....... ~ J ^~ ~ Z ~W r ice, / i ,: i S ~• ..... ... - .. ..... ... .. 1 .: ~ - -. ~. .~.. _ _ ~."fi ~i:.•-"Waif= ~ a.~ u.r ~.~. .r~ r ~ ~ aa'~ +ir - as- v.r ~ ~.w- r.r - rr t 1181HX3 33S 3NI~ H~1V-I'I • v z a ~ U W J 'nUN i ~ "' M ~ i ~ i ! m ~ ' I l = W O a i W M W ~ Z O~ ! a Q Z r ~ ~ U ~ l1 f w Z ! i Z ~' O >- Q ~ ~ W I J = d Y i I i l ~ i ! i r { i j j i i i i i i i) ~ i ~' i ~` ~~ i ~1 ,, ~ j f , s / ~~ ~ 1 1 / I j I i I j 1 i ~ j I i ~i i ~ I i ~ !I r i i ~ i i j ~'. ~• i i 1 ~ l I i i ~~., j ~'.. I i . i .i ~ '~ i ,~ J ~ : j , ;,~. i I I I, ~ i ' ~) i i ~ Ali i jI ~ i j II I `~ 1 , !! 1 ~ ~ ~ j ~ i ~ ZZ Q w ~ ~ J O • Omi ~ I ~ ~ ~ ~ j J j W T W J - ,. N ~ ' ~z i I z ~w I ~ I I r V=i 6 I ~ i i I r 118IHX3 33S 3Nll >fV3218 y City of Meridian Ten Mile Interchange Option Takeoff Middle Option Service Cost per Number Total Service Services Cost Rolice 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 Eaele Option Service Cost per Number Total Service Services Cost Police Interchange $ 115 S2 $ 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 & $ - ~~ ~~~ 11/17/2008 -~ ~~j~~ ocr ~ 2 7 2009 CITYOFC~' ',~ CITY CLERKS OFFICE • • Weed Control Turf $ 200 $ 1 $ - 200 Pruning $ 8,000 1 $ 8,000 Billbug Prevention $ 200 $ 1- $ - 200 Fertilize $ - TotalYear $ 17,020 • • MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. 6D1 REQUEST Change Order #2 to Original Contract Dated March 9, 2009 for Well 28 Production Well Construction with McLaren Well Drilling, LLC for a Not to Exceed Amount of $4,375.00 AGENCY COMMENTS CITY CLERK: CITY MAYOR'S DEPT: CITY PLANNING DEPT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS 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: See Attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become propery of the CNy of Meridian. • ~~i~E IDIAl~T Public IDAHO ~Tar~cs Department TO: Mayor Tammy de Weerd Members of tho City Council FROM: Clint Worthington, P.E. Staff Engineer DATE: 9/21/2009 Mayor Tarruny de Weerd ~- ,~ ~a~, B~ ~a>~~ ~~ ~ ua~id zaram6a SUBJECT: WELL 28-PRODUCTION WELL CONSTRUCTION-CHANGE ORDER #2 (OCTOBER 20, 2009 CONSENT AGENDA) I. RECOMMENDED A,CTiON • A. Move to: 1. Approve change order #2 with McLaren Well Drilling, LLC, for Well 28 Production Well Const~vction in an amount of $4,375 and; 2. Authorize the Mayor to sign the change order II. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer (Project Manager) 489-0349 Kyle Radek, Asst: City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 Page t of3 • III. DESCRIPTION A. Back ound Construction of Well #28 was budgeted for fiscal year 2009 in accordance with the City's Water Master Plan Update of 2006 prepared by CH2MHILL. A contract with Treasure Valley Drilling Inc. was approved on 3/9/2009 for the drilling of the well in the amount of $244,026. To daft, there has been one change order associated with the project in the amount of $9,348.60 for additional depth of drilling required. This change order will be the second and is in the amount of $4,375, bringing the total contiraet amount to $257,749.60, for a net increase of 5%. B. Change Order Gtitial attempts to completely develop the well and remove sand infill using the mud rotary drilling rig by Treasure Valley Drilling were unsuccessful. A rubber packer seal was also last in the well with these attempts. Additional attempts would have been very costly with a small chance of success. In order to remove the sand infill, remove the rubber seal and firrish well development, a cable tool drilling rig was mobilized on site and utilized by McLaren Well Drilling. McLaren successfully removed the sand, rubber seal and fG1Iy developed the well. Attached is the associated change order for this work. • IV. IMPACT A. Strate is Im~act• This project meets our mission requirements to indentify and prioritize work to anticipate,, plan and provide pablic services and facilities that sapport the needs of oar growing commaaltp and ensare modern reliable facilities while maintaining flnaaclal stewardship. B. ServicelDeliver~Impact: Currently, there are no water supply wells in floe upper pressure zone (zone 5). The addition of a new well to provide water supply to this zone was indentified as a priority in our 2006 Water Master Plan update prepared by CH2MHILL. When complete, well 28 will supply 3.6 mgd (million gallons per day) to this pressure zone meeting demands for water distnbution and fire flow. This change order ensured that we1128 was constructed properly, and allows for use at its full potential. C. Fiscallmuact• Well Drilling Project Costs Original Contract Price $244,026 Change Order No. 1 +$9,348.b0 Change Order No. Z + 75 Net Increase +$13,723.60 Page 2 of 3 Final Project Costs $257,749.60 Project Fundins Enterprise Fund for We1128 V. TIME CONSTRAINTS $725,889.16 Council's approval will allow completion of tho construction with we1128 on line by January of 2010. VI. LIST OF ATTACHMENTS A. Contract Change Order Form • Approved for Council Agenda: ~ Tom Barry, Director of Public V11~bt+1r ~~ ra7c~ - ~°I Date Page 3 of 3 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • Change Order No.: 2 Project Number. 07330 Date: 10/1/2009 Effective Date: CONTRACTOR: McLaren W®II Drillln8, LLC PROJECT: We1128 Production Well Construction The Contractor Is hereby directed to make the following changes from the Contrail Dorumerrts and Plans. Desclption: 1) Removal of acrid inflll and a lost rubber packer with a cable tool ddUing rig. 2) Develop the cacti and set the packer-reducer seal. 3) 4) Reason for Change Order: Treasure Valley Drilling lost a rubber packer seal and creabsd some sand tntiU In the weU In titelr attempts to develop the weU with the mud rotary drip rig. Mcl.aren was brought in with a cable too! rig to remove the rubber and sand IntiU and complete the well development procsrss. Attachment: CHANDE IN CONTRACT PRICE: CHANDE IN CONTRACT TIMES: Original Contract Prime: $244,026.00 Original Contract Completion Date: Original Contract Completion ~: Net changes form previous C.O.'s.: Nat Days range form previous C.O.'s: No. 0 to Q No. Q ~ 0 $9,348.60 Contract Prig Prior to this C.O.: Contract Completion Date before this C.O.: $253,374.60 Net Increase (decrease) of this C.O.: Net Days Incxease (decrease) of this C.O.: $4,375.00 Contrail Price with all Approved C.O.'s: Contract Completion Date wUh all Approved C.O.'s: $257,749.80 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED (CONTRACTOR) _ c ~~~~ Date: / v / S ~ O , Dabs. ~/ .T o ~ APPROVED: (crnr PuRC ING a COUNCIL APPROVAL Kelth Watts ~~ ~ ~~ v ~~d ,'/ ``` ~~ ~ / '~~ ``` O ~ ~ ~4 .~ APPRO ` ~ By: Mayor Tam a eerd ~~~ ~ hY C~rk, J Holman Date: ~ ~ _ ~ _ ~ ' o 1\ ~ l ~- c'~ ~r~rrrrrrn rir~~~+~t • CJ • MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. 6D2 REQUEST Task Order #0777A for Reclaimed Water Master Planning with HDR Engineering, Inc. for a Not to Exceed Amount of $147,686.00 AGENCY COMMENTS CITY CLERK: CITY MAYOR'S DEPT: CITY PLANNING DEPT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS DEPT: See Attached 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. ~ C~E IDIZ IAN~- Public ~"o ~orl~s Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, Assistant City Engineer DATE: JO/02/lM Mc~yar Tammy ae w~a ~~~. Ke!#h Bird Brad Haagtun c~ari~ Rour~trae oa~rld zaremba SUBJECT: TASK ORDER U777a FOR RECLAIMED WATER MASTER PLANNIIVG I. RECOMMENDED ACTION A. Move to: • 1. Approve Task Order 0777a with HDR Engineering, Inc. for Reclaimed Water Master Planning, far anot-to-exceed cost of $147,686. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Place names, titles, and phone numbers of the Persons involved in Descending Order: Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background Class A reclaimed water is the. highest class of reclaimed water in Idaho. Meridian is currently producing reclaimed water that meets Class A standards and is applying it to Heroes Park under its DEQ Municipal Wastewater Reuse Permit which became final December 1, 2008. The City has a1~ submitted a Water Reclamation and Rein permit application and engineering report to DEQ for the implementation of a Citywide Water Reclamation and Reuse permit. The City expects to receive a draft citywide reux permit from DEQ within the next month Page 1 of 9 Project Funding Project will be funded from 3590-96151 $147,888 V. ALTERNATIVES A. The City may choose to postpone the completion of the Reclaimed Water Master Play This would have detrimental impacts to our Citywide Reclaimed Water Program. This plan is necessary for the Public Works Department to PmP~'lY Plan, prioritize and implement improvements to the reclaimed water distribution system. Additionally, financial components of the Master Plan that will be the basis for the rates and program funding would not be developed B. City staff could go back out for an RFP for the Reclaimed Water Master Plan and select a new consultant to perform the work. This is not recommended as we have gone through a fair and competitive process to select a consultant. VI. TIME CONSTRAINTS Council's approval will allow the timely completion of the Reclaimed Water Master • Plan in support of our Citywide Reclaimed Water Program, VII. LIST OF ATTACHMENTS A. Task Order 0777a with HDR Engineering, Inc. for Redaimed Water Master Planning. Approved for Council Agenda: ~' ~©~d `i' Tom Barry, Director of Public o Date • Page 3 oj3 I~Z TASK ORDER N0.07?7A CITY OF IYtERIDIAN (OWNER) AND HDR ENGINEERING, INC. (CONSULTANT) This Task Order is issued by Owner and acca3pted by the Consultant pursuant to the mutual promises, covenants and conditions contained in the Master Services Agreemerrt between the above named parties, dated January 24, 2007. This task order supersedes Phase 2 and Phase 3 of Task Order No. 5 dated December 1, 20Q8 and approved by the City Council an December 18, 2008. SCOPE OF SERVICES CITY OF MERYDIAN, IDAHO RECLAIMED WATER MASTER PLANNING ~IACKGROUNn Rapid growth in the City of Meridian has challenged City infrastructure managers to increase capacity of City public works services. Three factors are straining the services provided by the City's departments: (1) The pending effluent phosphorus limitations resulting from the Snake River Hells Canyon Total Maximum Daily Loads (TMDL) and Boise River Phosphorus Load Allocations will require a greater investment in wastewater treatment facility performance than • under the_ current (expired) Rla~onal Pollutant Discharge Elimination System (NPDES) permit; (2) the City municipal water rights will became stressed as growth continues at a record pace, i alternate sources of supply are not identified; and (3) the available supply of irrigation water used at City parks is limited. These issues are forcing infrastructure managers to think holistically about the City's water resources. The Idaho Department of Environmental Quality (DEQ) administers the Rules for the Reclamation and Reuse of Municipal and industrial Wastewater (aka, Reuse Rules or lDAPA 58.01.97). These rules are established to regulate the quality of water tha# is reclaimed and identify the potential uses of reclaimed water. The Reus® Rules state, °It is the policy of the Department to promote the practice of reuse of both municipal and industrial reclaimed wastewater through the continued creation and implementation of rules and guidance that give permittees various opportunities for new forms of reuse.° This policy enables the City of Meridian to manage its reclaimed water as a source of non-potable water (e.g., irrigation water) to either replace or supplement the supply of irrigation water from the irrigation districts. Class A reclaimed water is the highest class of reclaimed water in Idaho. Meridian intends to produce reclaimed water that meets Class A standards. This water will undergo advanced filtration and disinfection to very stringent levels. The City will apply Class A reclaimed water to Heroes Park under its DEQ Muniapa! Wastewater Reuse Permit which became final December 1, 2008. The City has also submitted a Water Reclamation and Reuse permit application and engineering report to DEQ for the implementation of a Citywide Water Reclamation and Reuse permit. The City expects to nrceive a draft citywide reuse. permit from DEQ the summer of zoos. Development of the Heroes Paris water reuse program and the Citywide permit application laid much of the conceptual groundwork for building a reclaimed water program. However, thoughtful consideration as to the direction of the program and more specific details are needed to expand the program to deliver reclaimed water to more customers. The purpose of this Page 1 of 12 september 22, zoos Reuse Bush~essPlenTastc Order TO-0777A FY2070 V 2009-09-22-FINALatocx ~2 '~ project is to develop the near-term direction and details of ~ redaimed water distribution system, evaluate organization and management, and establish a pricing structure for broad-based implementation. This will enable the City to plan for capital projects needed to distribute reclaimed water with a clear understanding of the financial impacts, and manage the requirements of a newly permitted program. In addition, this will clarify the terms of reclaimed water delivery for potential customers and provide the basis for customer commitments to purchase reclaimed water. Hxecution of the following tasks will achieve these objectives and provide the °5M's° for a complete approach to business and master planning of reclaimed water infrastructure (Motivators; Market Analysis; Means of Delivery; Management; and Money}. PROPOSED SCOPE OF SERVICES The proposed scope of Consultant services is to conduct the following tasks. HOR wi11 commence with these services upon notice to proceed. Task 100 -Project Management Task 200 -Market Analysis {Uses and Customers) Task 300 -Means of Delivery (lr~frastructure) Task 400 -Business Management Structure Task 500 - Money (Financial Issues) Task S00 -Meetings, Report, and Documentation ., TASK 100 - PROJECT MANAGEMENT Objective Prepare and implement a project management plan; provide scope, schedule, and cost control services; and initiate and attend project cxtordination meetings during the life of the project. Approach • Communicate frequently to the City and the project team through progress reports, project meetings, and email communications.. • Prepare a Project Management Plan fior distribution to project team; monitor. team progress; delegate task assignments and responsibilities by discipline through the course of the project phase; and coordinate issues of project phase with City's Project Manager. • Prepare progress reports and invoices that summarize the work progress to date, the budget expenditures to date, and identify any information requirements or decisions that need to be made by the City (1 copy each month). • Provide quality control review of project deliverables. City Involvem8nt • Review Project Management Plan and provide comments, where nquested by the Consultant. • Interface with Consultant on project issues. • Process invoices within 30 days of receipt. Page 2 of 12 seper a11, 2oD9 Reuse BusinessPlanTask Order TO-D777A FY2010 V-2009-D9-22-FlNALdoC~c ~~ Assumptions • if the scope changes during the life of the projecx, modiflcation to the original contract .agreement will be required per the terms and conditions of the agreement. • Invoice format will follow standard format by the Consultant. • Quality control reviews will be conducted with each task. D®liverables • Project Management Plan {1 copy to City,. 4 copies for Consultant distribution). • Progress reports and invoices (1 copy each month). TASK Z00 - MARKET ANAL7~SIS (USES AND CUSTOMERS) Objective Assess specific customer needs and engineering considerations. Approach • Schedule and attend a single meeting wixh up to two prospective customers for reclaimed water, possibly including: potential industrial users of munidpal reclaimed water, developers in north Meridian, the Meridian Parks and Recreation Department and/or golf courses in the north Meridian area. • Fadlitate one meeting with the City and DEQ. • Develop a brief ov®rview of the s#atus of reclaimed water distribution to cover the appropriate range of issues and elicit constructive input from the customers involved. For example, discussion points Carr include specific potential uses of the redaimed water, quantities and pressures needed; seasonal fluctuation in water needs; imgation constraints (atlowable time of use for spray irrigation); desired delivery points; required customer site retrofits (e.g., cross-connection control); reliability; abil'rty+ to share the burden of ensuring reliability; water quality considerations; priang; incentives; terms and condifions that may be associated with delivery; needs for redundant supply if there is a reclaimed water outage. Assumptions • A single meeting with prospective customers will be held to assess inferest and specific engineering considerations. City Input • Provide available reports and studies for review. • Assist in obtaining information as needed. • Participate with HDR in contacting and meeting with prospective customers. Deliverables • Findings from this task will be provided in the Task 600 Reclaimed Water Master Planning Final Report. Page 3 of 12 September 2z, 2QQ9 ~~ susnessa~anrask order ro-o7rra Flrzo~o v-ZOO~oe-n-~rw~.do~ tJ...G TASK 300 - MEANS OF DELIVERY (INFRASTRUCTURE) Objectiv® Provide planning-level definition of infrastructure Headed to treat and deliver reclaimed water to customers identified by the City and in the Market Analysis (Task 200), and associated planning-level costs. Approach Subfask 30?: Defrne Engineering Parameters • Estimate the amount of water that is desired by each potential customer. • Identify if and what treatment modifications are needed to produce and deliver reclaimed water that meets expectations dev&loped in Task 200. • Determine daily and seasonal storage requirements. Subfask 302 Develop Pipe Configurations and Perform Hydraulic Nlode/irrg • HDR to provide 8 hours of on-call assistance to City for Subfask 302 Subfask 303: Develop Planning-Level Cost Opinions and Related Criteria • Prepare a preliminary opinion of the capital and open~ting costs to construct and operate the alternative treabnent, pipeline alignments, pump stations, and storage facilities using results and information from Subtasks 301 and 302. Assumptions • Subfask 30?: • Engineering parameters will be based on existing State of Idaho regulations. • Distribution and storage requirements will be based on the Idaho Rules for file Reclamation and Reuse of Municipal and Industrial Wastewater. • Review of alternative reservoir configurations (e.g., above ground, buried, etc.) is not included in this scope of work Subfask 303: • Detailed design drawings will not be r®quiretl or used to develop cost opinions. • The City will provide planned distribution system infrastructure improvements to HDR to use in preparing capital cost opinions. City Input • Provide HDR a list of necessary distribution system infrastructure improvements (lineal feet of piping, piping size, pumping facilities, etc.) • Identify the geographic location of potential customers that can be served with reclaimed water • Review the quantity of water and pressure desired by prospectnre customers in the context of allowable times of application. • Once potential customers and antiapated demarxis are known., identify pipeline alignments. • An extended period simulation will be .performed for this analysis. Operations costs will also be estimated through the use of the hydraulic model. Modeling scenarios will help develop pump operating strategies and estimate electriaty consumption needed for operation of the proposed system. Page 4 of 12 septembor 22.2009 Reuse BusiriegsPlanTaskOrder TO-0777A FY2010 V 2009-09.22-FINALdoac 1v~Z • Include storage in modeling scenarios; potentially at the w~st®water treatment plant, on-site at customer locations, or other distribution or terminal locations. • Communicate with HDR regarding engineering parameters such as potential over sizing needs for future expansion, pressure requirements, City land available for storage, etc. • Review deliverables and provide comments. • Review and feedback on deliverables prepared. Deliverables Subtask 309: • Brief memo summarizing Potential Treatment and Storage Strategy. Subtask 302: • None. Subtask 303• • Brief memo with tables containing capital and operating cost opinions for each alternative. TASK 400 - BUSINESS MANAGEMENT STRUCTURE objective Provide general or-call assistance to the City to assist in developing the management structure of its reclaimed water program. Approach Subtask X09: Business Practices and Ordinances • Provide City with up to two examples of reclaimed water ordinances used for other citywide reclaimed water programs. • Provide City up to 24 hours of on-call assistance to help identify processes and procedures with which the new reclaimed water program will need to integrate (e.g., plan reviews, site inspections, development fee assessments, developm®nt agreement processes, baclcflow prevention processes, equipment inventory, and utility billing systems.) Assumptions • City will provide HDR with information as needed related to administrative functions, organization, tools, and resources. Ci#y Input • Review deliverables and provide feedback. fDeliverables • Up to two examples of ordinance language from an existing reclaimed water agency. TASK 500 - MONEY' (FINANCIAL. ISSUES) Objective . Analyze cost structure and propose options for pricing reclaimed water. Identify additional revenue sources available to the City. Assist City in communicating reclaimed water priang considerations #o prospective customers and obtaining customer feedback. Page 5 of 12 sept~nbar 22, Zoos Reuse Buslr-essPlanTask Order 70-0777A FY2010 V 2009-OS-22-FlNAL.doat 1 u~ • Approach Subtask 509: Rate Ov®rview • Estimate financial needs related to operations, maintenance, and administrative costs. • Develop Cost Basis for Reclaimed Water Rates -Use results of the engineering analysis and information provided by the City to establish the cost basis for reclaimed water rates. • Reclaimed Water Ra#e Overview- Review alternative rates and rate structures to assist the City in determining which strategies could meet the reclaimed water cost recovery goals. • Evaluate alternatives where either the City's water utility subsidizes reclaimed water system costs, the wastewater utility pays for system costs, or the utilities share the costs. • Provide a memo that documents the strategies considered for setting reclaimed water rates and reviews options for rate structures. Assumptions • City staff will provide financial data on OS~M and administrative costs in a format suitable for assigning costs to the reclaimed water distribution activity. • City will be responsible for evaluating al#emative revenue sources such as state/federal grant money or other non-user.generated funds. • While outside grant assistance could potentially became available, the rate overview will focus on revenues from within the City's utility systems. City Input • Provide financial information as needed related to 08M costs, administrative costs and taxes. • Review deliverables and provide feedback Qeliverabtes Subtask 509: • Draft rate overview memo. • Report results in Task 600. TASK 600 = 'MEETINGS, REPORT, AND DOCUMENTATION Objective Provide dear communication and assist City staff in presenting findings to the City Councl and internal City committees, and compile the informatbn prepared, ~liected, and developed in previous tasks into a single document that defines the City's overall reclaimed water program. Approach The approach will consist of the following subtasks: Subtask 609: Meetings aid Presentations • Meet with City staff once every other month for six months over the course of the project to review results and prepare options for subsequent task activities. . Attend one City Council meeting to support City staff in presenting findings and receive direction. Page 6 of 12 septen,ber2Z; 2009 Reuse Busir~ssPlanTask Order TO-o777A FY2010 V 2009.09-22-Fi(W4L.daoc Subtask 602: Report Preparation • Develop a written report, documenting assumptions, contusions and recommendations. • Provide an• electronic draft report for review and comment. Once the City's comments and suggestions are addressed and incorporated, HDR will provide ten (10) bound copies, one unbound copy and an electronic copy of the final report. Assumptions Subtask 601: • Meetings will be limited to up to three meetings with City staff and one meeting with Ciry Council. • HDR meeting attendees will generally consist of the project manager and project engineer with other staff attending only selected meetings. Subtask 602: • The materials presented in the Reclaimed Water Pian wilt be based on information developed in preceding tasks. • The written report is intended to document the activfies undertaken as a part of the project. City Input • Participate in the preparation and facilitation of m~tings and presentations. • Review the draft report and provide single set of compiled comments from all City reviewers. Deliverables • Draft Reclaimed Water Business Plan (electronic pdf) • Final Reclaimed Water Business Plan (electronic pdf) ADDITIVE ALTERNATE TASKS {NOT INCLUDED IN THIS SCOPE OF SERVICES) TASK 700 - DEVELOP PIPE CONFIGURATIONS AND PE1tFORM HYDRA'[JLIC MODELING objective Support the City's effort to provide planning-level definition of infrastructure needed to treat and deliver retaimed water to customers identfied in Task 400. Approach • Once potential customers and anticipated demands are known, up to three aitemative pipeline alignments will be identified. • Perform an extended period simulation analysis. • Estimate operations costs using the hydraulic model: • Develop develop pump operating strategies and estimate electricity consumption needed for operation of the proposed system using modeling scenarios. • Evaluate up to three storage site options in modeling scenarios (potentially at the wastewater treatment plant, on-site at customer locations, or other distribution or terminal locations). Page 7 of 12 septemDer 22, 2ao9 Reuse BusinessPlanTask Order TO-0777A FY201o V 2009-09.22-FINALdoac ~~ Assumptions • The hydreulic model developed for the Boise River Outfall pipeline (BROW #z~ Heroes Panic hydraulic analysis will be used to determine pipe sizes extending from the BRO pipeline or wastewater treatment plant, if pumping is required and how. much .pumping is required; storage requiremen#s and operational charecteristics of the system. • Storage at selected locations throughout the City may provide for lower capital and opereting costs and make water available at times that the facilities at.the wastewater treatment plant are not in operation. • Evacuation will be Jimited to three aitemative pipe alignments, which will be agreed upon prior to performing Task . City Input • Provide input on the alignment routing, pressure requirements, and selection of pipe materials to be used in the hydraulic analysis. Deliv®rables • Hydraulic model files. TASK 800 - ALTERNATIVE FUNDING OPITONS objective Identify mechanisms for short term or long term funding of relclaimed water program beyond customer rates and service feES. Approach • Evaluate alternative revenue sources such as stateffederal grant money or oth®r non-user generated funds. Assumptions • The opportuni#ies for external funding are Iimi#ed in the industry and are dependent upon federal, state, and local grant and loan programs. Deliverables Memo to City which summarizes grant or loan opportunities and funding requirements. TASK 900 - SPECIAL STUDIES Objective Provide the city with technical advice on complex operational issues or challenges. Approach • Compare the value of a high pressure reuse water system versus a low pressure system • with storage ponds. • Provide guidance to City on how to keep the storage ponds clear of algae. salt, and debris. Page 8 of 12 sepfembar 22, 2608 Reus® 8usinassPlanTask Onder TO-0777A FY201.0 V 2~9-08-22-FINAL.docac ~LJL\ • Assumptions • Other technical issues could require detailed I'~terature search, surveys, bench scale testing, or other research that is not defined in this scope of services. Deliverables • Mema to City which describes the advantages and disadvantages of low pressure and high pressure redaimed water systems. • Memo to City which describes desirable reclaimed water storage pond design characteristics. • n Page 9 of 12 september 22, 2~9 Rouge Bu~n88sPlettTasK Order TO-U777A FY2Q10 V-2009-09-22-FINAL.dac~c PROJECT SCHEDULE CITY OF MERIDIAN, IDAHO RECLAIMED WATER MASTER PLANNING The project schedule for performing the task order is as follows: Activi Compl®tion (weeks from NTP Pr Tess re its and invoices Morlthl Market Arai sis 4 weeks Brief Treatment and Stora a memo 8 weeks Develo cost estimates 14 weeks Exam le reclaimed water ordinance 17 weeks Draft rate overview memo 26 weeks Draft Reclaimed Water Business Plan 26 weeks Final Reclaimed Water Business Plan 30 weeks Counal and Stakeholder Presentation 32 weeks Team Meetin s Bi-Monthl Meetin with Idaho DEQ To be determined. xThis schedule is based upon an assumed notice to proceed at the beginning of the qty's • fiscal year ZO10 {October 1, 20Q9) . If the notice to proceed is delayed, the project schedule wilt shift the corresponding number of calendar days. • Page 10 of 12 septenber 22, zoos Reuse f3usinessPlenTask Order TO-0T77A FY2010 V-2009.09-22-FlNAL.docac COMPENSATION CITY OF MERIDIAN, IDAHO RECLAIMED WATER MASTER PLANNING The estimated Cost to Complete this Scrape of Work is presented in the table below. Task Budget Task 100 -Project Management $13,451 Task 200 -Market Analysis (Uses and Customers) $8,973 Task 300 - Means of Delivery (Infrastructure) $31,382 Task 400 -Business Management Structure $5,206 Task 500 ~ Money (Financial issues) $36,233 Task 600 -Meetings, Report, and Documentation $52,441 TOTAL $147,686 • Additive Alternates i asi i uu • ut3vdivp Hydraulic Modeling HDR will invoice Meridian for professional services descnbed in this task order on a time and materials basis. For the activities descrbed in the Scope of Services, HDR estimates a professional services fee of not to exceed the amounts described in the table shave without written authorization from the City. • Page 11 of 12 sepcember 22, 2009 Reuse BuslnessPlanTask Order TO-0777A FY2010 V-2009-09-22-FINALdoac ..~L~ AUTHORIZATION CITY OF MERIDIAN, IDAHO RECLAIMED WATER MASTER PLANNING • CITY OF MERIDIAN B ~C~~ (~~ y: ~' ~ ~'~~~ ~~ ~~~ .~ .~ Attest: ~ - ~ Holman, City Clerk CONSULTANT Karen Doherty, Vice President i~ ~~i i O SEAL ~ ~,~ Ke th Watts, Pu chasing Agent r ~ Public Works Department • Approved by City Council 1.0 -~`1 ' C7~ Page 12 of 12 Reuse BuslnessPlanTask Order TO-0T/7A FY2010 V-2008-09-22-FINAL.doac September 22, 2009 {~ ~ LJ MERIDIAN CITY COUNCIL MEETING October 27, 2009 APPLICANT ITEM NO. 7 REQUEST Items Moved from the Consent Agenda AGENCY COMMENTS CITY CLERK: CITY MAYOR'S DEPT: CITY PLANNING DEPT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PUBLIC WORKS 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 Cify of Merldlan.