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2010-01-12
E IDIAN�-- ooaHo CIN COUNCIL REGULAR MEETING AGENDA Tuesday, January 12, 2010 at 7:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Stephanie Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. December 15, 2009 City Council Workshop Meeting Minutes B. December 22, 2009 City Council Meeting Minutes C. Acceptance Agreement with Zella Bardsley for a display of Artwork in Initial Point Gallery D. Professional Services Agreement with Kim Ingraham for Pilates Class Services E. Agreement and Bid Results Between Haemker General Contracting and the City of Meridian Regarding the Downtown Tree Box Replacement 2010 Project for a Not -to -Exceed Amount of $29,905.00 F. Approval of Award and Authorization of Issuance of a Purchase Order with APSCO, Inc. for a Centrifugal Portable Pumping Station for a Not -to -Exceed Amount of $68,700.00 and Approval for the Purchasing Manager to Sign Purchase Order Meridian City Council Meeting Agenda — Tuesday, January 12, 2010 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 88841433 at least 48 hours prior to the public meeting. 6. 7. 8. 9. G. Task Order #10060B for Consulting Services with Brown and Caldwell for the Reclaimed Water Booster Station and Reservoir Project On -Call City Representative Services for a Not -to -Exceed Amount of $24,000.00 H. Task Order #10023 for Consulting Services with JUB Engineers, Inc. Pursuant to the Request for Qualification No. PW 10-10023 for the 2010 Sewer Master Plan Received October 9, 2009 for a Not -to -Exceed Amount of $149,761.00 and in Accordance with the Master Agreement Approved by Council on December 12, 2006 I. Change Order #1 Pursuant to the Master Agreement Dated January 27, 2007 with Hydro Logic, Inc. for Well #28 Hydro - geological Services for a Not -to -Exceed Amount of $23,786.19 J. Findings of Fact and Conclusions of Law for Denial: RZ 09-004 Cabella Creek by Coleman Homes, LLC Located at East Victory Road, West of South Mesa Way and East of South Bailey Way: Request for Rezone of 5.41 Acres From R-4 (Medium -Low Density Residential) to an R-8 Zoning District for Cabella Creek Swear in City Council Member for Seat No. 2 - Brad Hoaglun Sworn In Swear in City Council Member for Seat No. 4 - Keith Bird Sworn In Election of New City Council Officers President -David Zaremba Vice President -Brad Hoaglun Department Reports A. Mayor's Office 1. Resolution No. 10-705: Appointing Scott M. Freeman to Seat No. Four of the Planning & Zoning Commission Approved 2. Resolution No. 10-706: Appointing James L. Escobar, Sr. to Seat No. One of the Meridian Development Corporation Approved B. Legal Department Meridian City Council Meeting Agenda — Tuesday, January 12, 2010 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. 10. 11. 1. Change of City Council Meetings Bring back Ordinance on January 19th with an effective date of February 1, 2010 C. Public Works Department 1. Reclaimed Water Program Update Presentation Directed to bring back on January 19th Agenda for a vote D. Planning Department 1. Presentation of Draft Funded, Unfunded, and Partially Funded Corridors for Consideration in Communities in Motion Items Moved From Consent Agenda Action Items A. Public Hearing: MDA 09-004 Queenland Acres by James Prather Located at the Southeast Corner of Overland Road and Stoddard Road: Request to Amend the Recorded Development Agreement for Queenland Acres in Regards to Parking; Timing for Construction of the Multi -Use Pathway; Building Size; Site Plan Requirements; and Fencing Approved B. MFP 09-003 Bienville Square Subdivision by Idaho Mutual Trust Located at the West Side of Eagle Road and South of Ustick Road: Request to Modify the Six Foot Decorative Masonry Wall Along the Western Boundary Approved with the Final Plat Landscaping Plan for Bienville Square Subdivision Continued to February 2, 2010 C. Public Hearing: CPA 09-006 by City of Meridian Planning Department: Request to Amend the Text of the Meridian Design Manual to Edit Clerical Errors and Add Text Defining the "Downtown Core" and Clarifying Compliance with Unified Development Code (UDC) Standards for Meridian Design Manual Text Amendment Approved 12. Ordinances A. Ordinance No. Proposed # 10-1439: An Ordinance Amending Title 11 of the Meridian City Code Regarding Zoning and Subdivision Regulations Codified at Title 11, Entitled The Meridian City Council Meeting Agenda — Tuesday, January 12, 2010 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. Unified Development Code, of the Meridian City Code Approved 13. Other Items A. Executive Session as per Idaho State Code 67-2345 (1)(f) - To Consider and Advise its Legal Representatives in Pending Litigation (c) - To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property; Which is Not Owned by a Public Agency Into Executive Session at 9:39 p.m. Out of Executive Session at 10:13 p.m. Motion to Amend Agenda to add Purchase of Land for Future Meridian Well Site - Approved Motion to approve Amendment to Real Estate Agreement with Dale Ownby — Approved Motion to Approve Purchase of Real Estate Land Handled by Dale Ownby — Approved Adjourned at 10:16 p.m. Meridian City Council Meeting Agenda — Tuesday, January 12, 2010 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. Meridian City Council Meeting January 12, 2010 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, January 12, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Brad Hoaglun, and David Zaremba. Members Absent: President Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Caleb Hood, Bill Parsons, Sonya Watters, Tom Barry, Clint Dolsby, John Overton, Joe Silva and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and call tonight's meeting to order and welcome, everyone, that has joined us. I anticipate it's more for the swearing in than anything on our agenda, but welcome. For the public record, it is Tuesday, January 12th. It's a few minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Stephanie Moore with Ten Mile Christian Church. De Weerd: Thank you. Tonight we will be led in the community invocation by Stephanie Moore. I would invite you to join us in the invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Moore: Let's pray. Our dear and faithful God, we thank you for your presence at this meeting this evening and we acknowledge your part in our government and in our lives, as we -- as we seek to make Meridian the community that you have dreamed it to be. We thank you for the commitment of Council members and of the community to be here and to place both plans in your hands and to work it out together. In Jesus' name we pray, amen. Meridian City Council January 12, 2010 Page 2 of 54 Item 4: Adoption of the Agenda. De Weerd: Thank you. Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the agenda, Item No. 9-A-1, the resolution number is 10-705. Item No. 9- A-2, the resolution number is 10-706. Item 12, Item A, the ordinance number is 10-1439. And with those additions to the agenda, I move that we adopt the agenda. Hoaglun: Second. De Weerd: I have a motion and a second to adopt the agenda as published. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. December 15, 2009 City Council Workshop Meeting Minutes B. December 22, 2009 City Council Meeting Minutes C. Acceptance Agreement with Zella Bardsley for a display of Artwork in Initial Point Gallery D. Professional Services Agreement with Kim Ingraham for Pilates Class Services E. Agreement and Bid Results Between Haemker General Contracting and the City of Meridian Regarding the Downtown Tree Box Replacement 2010 Project for a Not -to -Exceed Amount of $29,905.00 F. Approval of Award and Authorization of Issuance of a Purchase Order with APSCO, Inc. for a Centrifugal Portable Pumping Station for a Not -to -Exceed Amount of $68,700.00 and Approval for the Purchasing Manager to Sign Purchase Order G. Task Order #10060B for Consulting Services with Brown and Caldwell for the Reclaimed Water Booster Station and Reservoir Project On -Call City Representative Services for a Not -to -Exceed Amount of $24,000.00 Meridian City Council January 12, 2010 Page 3 of 54 H. Task Order #10023 for Consulting Services with JUB Engineers, Inc. Pursuant to the Request for Qualification No. PW 10-10023 for the 2010 Sewer Master Plan Received October 9, 2009 for a Not -to -Exceed Amount of $149,761.00 and in Accordance with the Master Agreement Approved by Council on December 12, 2006 I. Change Order #1 Pursuant to the Master Agreement Dated January 27, 2007 with Hydro Logic, Inc. for Well #28 Hydrogeological Services for a Not -to -Exceed Amount of $23,786.19 J. Findings of Fact and Conclusions of Law for Denial: RZ 09-004 Cabella Creek by Coleman Homes, LLC Located at East Victory Road, West of South Mesa Way and East of South Bailey Way: Request for Rezone of 5.41 Acres From R-4 (Medium -Low Density Residential) to an R-8 Zoning District for Cabella Creek De Weerd: Item 5, the Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we adopt the Consent Agenda as published and authorize the Mayor to sign and the Clerk to attest. Hoaglun: Second. De Weerd: I have a motion and a second on the Consent Agenda. Is there any discussion? If not, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: Thank you. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Swear in City Council Member for Seat No. 2 - Brad Hoaglun Item 7: Swear in City Council Member for Seat No. 4 - Keith Bird De Weerd: Items 6 and 7 are swearing in our two new Council members. It is the tradition and state code that states the City Clerk gives the oath and we will start tonight with Seat No. 2, Mr. Brad Hoaglun. Meridian City Council January 12, 2010 Page 4 of 54 Holman: Raise your right hand repeat after me. I, Brad Hoaglun, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Idaho and the laws and ordinances of the City of Meridian, Idaho, and that I will, to the best of my ability, faithfully perform the duties of the Office of City Council of Meridian, Idaho, during my continuance therein, so help me God. (Repeated by Councilman Hoaglun.) Hoaglun: Thank you. Holman: Thank you. De Weerd: We will give Mr. Hoaglun a chance to sit down and if you want to introduce those that are with you here tonight and if you have a few words I'll even let you have the mike on that. Hoaglun: Okay. Great. Well, thank you very much, Mayor. Of course, that was my lovely wife Chandos, who was up there assisting me and I appreciate all her support and her willingness to share me with the citizens, because it's a lot of work and time away and -- away from family and I do appreciate that. Next to her my parents, Stan and Sandy Hoaglun are out there and I'm, of course, very thankful -- you're always thankful for your parents, you know, because they brought you here into the world and raised you up and you kind of like that. It was good. And next to them my in-laws, Harry and Florann Young. So, long time Idaho Meridian folks and really appreciate everything that they do. Besides, I have to say nice things about them, because we are neighbors. So, you can't get any closer to your in-laws than that. But I just want to just make quick brief remarks that I've just appreciated the past 16 months that I have been able to be on the City Council and we have a great community, we have dedicated city employees, and -- and I really look forward to the next four years and serving a full term and with this Mayor and Council, because everyone -- we are on the same page when we look at this community and the direction we want to go, that's a good thing, and we may quibble about the details every now and then, but -- and that happens, we all have our own ideas in how things ought to be, but the vision that we have and what we want to achieve for this community and what the businesses can do for this community and people can do for this community, there is a lot of good things that are going to be happening. Challenging times, but I think we are poised to do some great things down the road. So, with that, Mayor, thank you. De Weerd: Thank you. Okay. Our next item is Item 7 and we will be swearing in, before you swear at, Mr. Keith Bird. And both Keith and Brad did bring their family Bibles and so they are being sworn in with their own personal things that are important. Holman: Raise your right hand. I, Keith Bird, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Idaho and the laws and ordinances of the City of Meridian, Idaho, and that I will, to the best of my ability, Meridian City Council January 12, 2010 Page 5 of 54 faithfully perform the duties of the Office of City Council of Meridian, Idaho, during my continuance therein, so help me God. (Repeated by Councilman Bird.) Bird: Thank you. De Weerd: Mr. Bird is a veteran at this, but he sounded like he wasn't there for a minute. Mr. Bird, would you like to make any comments? Bird: Yeah. I'd just like to thank everybody for coming out. My wife's sick and my son and his family is at the ball game over at Centennial. I got a grandson playing over there. I wished I was there. But we -- I have enjoyed it. My 12 years have been great. I have met fantastic people, served with fantastic people. Everybody I have served with has been very, very good and like Brad said, though we don't always agree, we always leave as friends and that's the main thing and I look forward to the next four years. Probably going to be the toughest four years that I have had to serve, because in '98 -- when I was sworn in in January'98 we were starting our boom and the only problem we had there was what do we do with the money and how do we keep above -- how do we keep ahead of development. Through our dedicated employees we got it done and I think we did it in a very -- very efficient way. Now, we got to worry about making sure that we keep our budgets under our revenue and I can -- I will guarantee you that this Mayor and Council will see that that happens. We -- we will stay within our budget regardless of how low it is. We will do it thanks to our employees and to this leadership. Thank you very much for coming out. De Weerd: Well -- and I'd just like to say it's a pleasure to work with both of you and I look forward to working with you in the years to come. Certainly I cut my teeth with Mr. Bird or -- and sometimes on him and that's why I give him a hard time, but he really showed me the ropes and he really truly is someone with the biggest heart for Meridian that I know. You know, we have had our differences and certainly as he suggested we leave at the end of the day as friends. I hold him in highest esteem and certainly I do Mr. Hoaglun as well. It was certainly my pleasure 16 months ago to appoint him into the office and I think our city has really seen how he took up the reigns without a pause. It was really nice, because we needed leadership in these -- these last couple of years and he stepped in and filled it and has done a very well job -- or a very good job. So, I look forward to serving with both of you men and certainly I enjoy my time with this Council, it is a Council with differing opinions, different backgrounds and experiences and because of those we have some very rich debates. I think that we owe the citizens that opportunity to look at every issue that we have in front of us from different lenses and because of the diverse leadership we have, we have been very privileged to do that. So, I hope that our citizens are happy with those that they have selected and if you're not, we have comment cards in the foyer and never hesitate to share your thoughts with us. We do respond. We want to listen to what you think. And we appreciate you being here to support those that you helped put into office. Meridian City Council January 12, 2010 Page 6 of 54 Item 8: Election of New City Council Officers De Weerd: So, we will go ahead and move into our next agenda item and those that came to support the candidates, you do not have to stay. If you want to leave you certainly can. Item No. 8 is election of new City Council officers. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would like to nominate Mr. -- Councilman David Zaremba as Council president for the year 2010. Hoaglun: Second. De Weerd: Okay. I have a nomination for Councilman Zaremba as our next new president. Do I have any other nominations? Hearing none, do you accept this nomination? Zaremba: I would be honored to accept if the vote goes that way, yes. De Weerd: Okay. Thank you. If there is no further nominations, they will be closed, and I will ask for the vote, Madam Clerk. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: Thank you. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: For the seat of vice-president. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would like to nominate Councilman Brad Hoaglun as vice-president of the City Council for 2010. Zaremba: I'll second that nomination. De Weerd: Okay. Do I have any other nominations? They are now closed. Oh. Sony. I'm supposed to ask you do you accept this nomination? Hoaglun: I will accept, Madam Mayor. Thank you. Meridian City Council January 12, 2010 Page 7 of 54 De Weerd: Don't want it to look like too much of a railroad job, you know. Hoaglun: I heard that train coming down the tracks. De Weerd: Well, thank you. I'm glad you accepted. Since nominations are closed, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Department Reports A. Mayor's Office 1. Resolution No. : Appointing Scott M. Freeman to Seat No. Four of the Planning & Zoning Commission De Weerd: Congratulations, Councilman Zaremba and Councilman Hoaglun. I look forward to working with you and so we will move to our next item. Number 9, Department Reports. The Mayor's Office has two resolutions in front of you. Resolution No. 10-705 and 10-706. The first appointing Scott M. Freeman to the Planning and Zoning Commission. Council, you have his information in front of you. I will ask if you have any questions. Bird: I have none, Mayor. De Weerd: Mr. Freeman was not able to join us for tonight's meeting, but I would ask for your confirmation of this appointment. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution 10-705, appointing Scott Freeman to Seat No. 4 on the Planning and Zoning Commission. Zaremba: Second. De Weerd: I have a motion and a second to accept the appointment of Scott M. Freeman to the Planning and Zoning Commission. If there is no discussion, Madam Clerk, will you call roll. Meridian City Council January 12, 2010 Page 8 of 54 Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. 2. Resolution No. : Appointing James L. Escobar, Sr. to Seat No. One of the Meridian Development Corporation De Weerd: Is James here tonight? I didn't see him. The next resolution is appointing James Escobar to Seat No. 1 of the Meridian Development Corporation. Again, Council, you do have his information in front of you and I would ask if you have any questions. Bird: I have none. De Weerd: Okay. Well, if there are no questions I would accept a motion to confirm this appointment. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move that we approve Resolution No. 10-706, appointing James L. Escobar to Seat 1 of the Meridian Development Corporation. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Legal Department 1. Change of City Council Meetings De Weerd: Thank you, Council. Item 9-B is a our Legal Department. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. There is a proposed ordinance on your agenda. Based on your last meeting of the year you had directed that we craft a new ordinance that would change your meeting schedule frequency from Meridian City Council January 12, 2010 Page 9 of 54 four times a month to three times a month, with I think little more clarity as to what the intent of the workshop and when the workshop would be held and the type of format it would be held in, so the ordinance that's in front of you reflects both the change to the frequency of the meeting, so that you would meet on the first, second, and fourth Tuesdays of each month, the first and the fourth being a normal Council meeting as you're used to, with land use hearings as necessary, and the second Tuesday of each month a workshop that would begin at 6:00 o'clock. Land use hearings would only be held at those if there was some urgency that required it, but no other -- normally it would not be held. They may be held in a different format or a more informal format, which I think was how you had done those in the past to allow a little bit different level of discussion. The other thing was just to clean up an Item D of the ordinance. It already allows in the ordinance that currently exists that if you need to cancel a meeting in the future, because you know ahead of time that there is not a quorum that's going to be available or some other reason to cancel it, you could do that. It didn't -- it didn't take into account situations where a quorum may -- or lack of a quorum may develop right before a meeting for whatever reason and so it just simply informs the public that if that happens, then, the meeting would be canceled without a vote, we would notify the public as soon as possible. I think I captured what you had directed in the last one and the purpose of tonight was to make sure we had done that and if it is so, we could move it forward to a reading calendar next week for approval and, then, this would go into effect beginning the 1st of February. De Weerd: Thank you, Mr. Nary. Any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bill, you captured my intent when I made the motion, that's -- so, I have no problems at all with it and we -- we are going to start -- I would -- I would prefer to have all of us vote on it, but I -- but Charlie won't be here before February the 1 st meeting, so I -- as far as I'm concerned, bring it forward, I'm ready to go forward. De Weerd: Any other comments, questions? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I believe it's the way I understood the intent as well and let's do it. C. Public Works Department 1. Reclaimed Water Program Update Presentation De Weerd: Thank you. Item 9-C is our Public Works Department. Meridian City Council January 12, 2010 Page 10 of 54 Barry: Thank you, Madam Mayor, Members of the Council. I'm delighted and excited to present to you tonight an update of the City of Meridian's reclaimed water program. Wanted to share some information regarding our program and get some support and direction from you as it relates to our progress forward. First of all, let's see if I can -- okay. That's not working. I might need to change seats with you. Okay. There we go. This is our water reuse program that I'm speaking of tonight and I wanted to share with you some background information that you may or may not have been aware of that's led us down the path that we are on. First of all, I wanted to talk briefly about the drivers for reuse in our community. There are several and I'll go into greater detail as we go along here, but just in summary, the first is you're probably aware that the Environmental Protection Agency is suggesting increasing its surface water quality regulations, specifically for phosphorous in the lower Boise River area. That plays a roll in our strategy with regard to our reuse program. The wastewater treatment capacity is also of concern and I will speak to more about that in just a minute. Domestic well impacts are also a driver for reuse in our community, as well as our sustainability and overall vision as a community. So, going to surface water concerns and issues, you may recall last year we presented information regarding the EPA's intent to list phosphorous as a limited constituent along the river, which creates problems for our wastewater treatment plant in that our treatment plant is not currently regulated for phosphorous and the new regulations will require our plant to come into strict compliance with phosphorous reduction. Those reductions have been proposed, although there is -- continued discussion have been proposed as an 80 percent reduction in the first permit cycle, which would be a five year period, and, then, a 98 percent reduction in phosphorous quantities or amounts in a three permit cycle, which would be about a 15 year period. There has been talk by the EPA that suggests they may consider Meridian, because of our treatment plant -- the technology we currently have at the treatment plant we may not be given the same permit cycle time to comply with the phosphorous limit. So, certainly getting phosphorous out of the Over is an important element and does play a roll in how we see the reuse program responding, particularly if the -- the phosphorous allocations are a seasonal limit. There has been talk that the seasonal limit would be, essentially, the growing season, which does make perfect sense for us. If the limit is year around, we may not achieve the same benefits we are currently hoping for with regard to regulated phosphorous. The second driver, again, is flow limits. As you know, our treatment plant is restricted under the National Pollution Discharge Elimination System. We have a permit that has been issued in 1999 that restricts our flow to seven million gallons per day of effluent. We are operating our treatment plant currently today at a level of around 6.8 in the highest flows. We did have a -- we do have concerns that we will go over that limit here soon and so if we can divert water from the creek that we currently out fall in and use that water for reclaimed water or irrigation purposes, then, we may allow a longer period of time for -- we may increase our limit our -- our flow limits by diverting those flows out of the creek and onto irrigable areas. We did reapply in 2004 for our permit and there has been no action by the EPA. Our permit has been administratively extended, so we are, essentially, going on six years here with no action from the EPA and are, therefore, restricted to our 1999 limits. As you know, our community has more than doubled since Meridian City Council January 12, 2010 Page 11 of 54 1999, so this creates a concern for us. Our plant capacity, by the way, has been re - rated in late 2008 and approved by the Department of Environmental Quality at 10.2 million gallons per day. So, we have the capacity, we just don't have the permit to allow us to tap into that capacity. The third reason again, domestic well impacts. Meridian's potable water consumption during the wintertime is an average of about 148 million gallons per month. That jumps up to 318 million gallons per month in the summertime, meaning that our summer irrigation activity increases our overall demand by about 170 million gallons per month. That's quite a taxing on our potable water system and so incorporating a reuse into our community has the potential to help us conserve 1.2 billion gallons of potable water throughout the year. Now, that does anticipate getting to the older portions of town, as those are the areas which are going to benefit the most by the incorporation of reuse long term. And, then, lastly, another reason for reuse is our overall vision as a community and as a department for sustainability and green initiative. You know that our strategy in the Public Works Department along those fronts are to involve things like nutrient recovery, composting, energy efficiency, renewable or alternative energy sources, certainly reclaimed water is one of those. And one thing we have realized that we have been marketing our community from an economic development perspective, is that there seems to be great interest by many firms with regard to the incorporation of reuse in their overall corporate sustainability goals. That seems to be an unexpected blessing, if you will, or advantage with regard to our incorporation of reuse as a long-term water alternative for various uses. So, our approach to reuse is to, essentially, go after the -- a pilot project and as you know we have been working on the Heroes Park project for some time. We have overcome several challenges with the project and have helped to gain ground on that project. First we received a permit for the Heroes Park site itself and, then, we have had to overcome several technical obstacles, such as soils loadings or effluent quality, nitrogen content of the soils, disinfection, overspray onto park amenities, seepage -- we have had to do seepage tests for the pond and irrigation system tests and, then, of course, making sure we have enough production and redundancy in the system to provide a viable long-term source of irrigation for Heroes Park has been important, too. Using Heroes Park as the pilot project for the city, we were able to test the impacts of reclaimed water on the -- on that park land and with that we have been able to make some operational adjustments, so one thing we have realized is that the pond that originally serves the Heroes Park irrigation system is not going to work for us as it relates to distribution -- a collection and distribution -- storage and distribution of our reclaimed water and so part of what we learned at Heroes Park is that we really need to run a pressurized irrigation system with our effluent and so we have begun to modify our approaches and, actually, I'll speak to that more later in the presentation. But the Heroes Park project has created an enormous opportunity for us to learn on a smaller scale the impact, the challenges, obstacles, and certainly the opportunities of reuse. We, as you know, have been working with the Parks Department to develop park improvements, which at Heroes Park include a reclaimed interpretive plaza and fountain, various educational planters and demonstration gardens for low tolerance -- excuse me -- drought tolerant vegetation, water -wise demonstration site, and, certainly, we are sourcing the urinals and the toilet facilities at the concession stand, the restroom facilities, with reclaimed water also. So, there is great opportunity for us to build Meridian City Council January 12, 2010 Page 12 of 54 educational components into the Heroes Park improvements and get people familiar with how reuse can benefit them in their community. Once we have achieved these benefits we began going after a citywide permit and have been working diligently for the past six or eight months on that. We did receive our citywide permit in draft form just -- just around Christmastime and we are going through and commenting on that permit. What you see here in this graph -- the yellow area outlines the extent of our permit area. So, we have started with only about a quarter of the city or so -- maybe a third of the city as it relates to the area that we first like to target for incorporating reuse. Now, our permit is a five year permit and so we certainly have plenty of time to grow into it, if you will. The G's represent golf courses immediately available in that area and P's represent parks and I didn't locate schools, because there is plenty of -- there is quite a few schools. And, then, of course, the interchange. Our strategy has been to focus on adjacent opportunities, like golf courses, parks, open spaces, the Ten Mile interchange, and schools. And from there accommodate growing areas, such as new subdivisions and, in fact, we have incorporated in our development agreements requirements, as a first right of refusal, for reclaimed water, which helps move forward our program more quickly and preserve that -- other sources of water for their intended purposes. Next we have begun to retrofit existing -- or next we would like to retrofit existing areas. This will be late in our program and older subdivisions would -- would be eligible for that. Our approach, again, with our citywide permit was to acquire our permit first and see what would be required of us before we developed a program and to see if we could live with that -- with those requirements and we have received our draft, as I mentioned, and do believe that the requirements associated with the draft permit are things that we could live with. We are in the process of developing a business plan and that plan would include demand studies, logistics, infrastructure, those kinds of things, but as you know there is an opportunity before us right now and that is to retrofit and construct the backbone of our infrastructure to serve demands that are just around the comer from us, like the Ten Mile interchange, for example, and so we have been busy doing that as well. This is the potential of lands that we see for the northwest Meridian area. The slide suggests 900 acres of available area and you will notice the total is different at 757, because there is a difference between sort of what's readily available and some of the assumptions associated with the irrigable area of those lands as well and I'm happy to explain that more later, but, essentially, you could see in the area of our permit there is greater than 750 acres of irrigable area, which equates to -- as we have calculated, about a maximum monthly demand of about six million gallons per day on average and so there is, certainly, the opportunity that reclaimed water can service these areas and offset other sources of water and we see that as a major benefit as well. One thing I wanted to get your input on as well is the construction and capital investments that are related to instituting a program of this kind. So, I have got two slides here which talk about the capital investments that are needed for development of the backbone infrastructure on our program. As you know the pink area on the upper left there represents the area of Heroes Park. We have spent about 312 or 313 thousand dollars on our reuse project and we will be spending another 378,000 on improvements to the park related to the incorporation of reuse. The green line represents what we call the BRO, the Boise River Outfall line. It's an existing line that we need to slip line or replace, because it cannot take the pressures under which we would distribute the Meridian City Council January 12, 2010 Page 13 of 54 reclaimed water and that project, along with the blue project, the booster and storage tank project, for about 2.1 million, are two projects that we just received bids for this past week and have precipitated our desire to come talk with you about those projects and how those projects influence and impact the reclaimed water program long term. Moving to the south, you're aware that there is a desire to get to the Ten Mile interchange, to irrigate that, as well as to provide an alternative source of water for say cooling for industries and manufacturing or for other water amenities or irrigable areas in the Ten Mile interchange area. To do this we would have to build a 16 inch reused pipeline from Ustick, essentially, from the treatment plant all the way to the Ten Mile interchange and you can see it broken out there in, essentially, three phases. The pink phase is the project to get us from Ustick to Cherry and the green phase is under construction as part of the Ten Mile -- as part of the ACHD road improvement project for the Ten Mile area between Cherry and Franklin and, then, the red project there represents the area associated with getting reuse to the interchange for the landscaping. The pink area to the north there, that line represents a future line to distribute water to the east along the Ten Mile -- or, excuse me, along the Franklin corridor. So, those are the projects in short. You can see that the program cost overall would be close to five million. We are currently on the order of 1.5 million into the total project and we certainly have about 3.4 or so million to go on these projects and we wanted to share that with you, because we know that as we develop our master plan we are incorporating infrastructure at the same time and, normally, you would do your master plan and, then, build your infrastructure. So, we know that because of the pressures with the Ten Mile interchange, for example, and serving Heroes Park and some of the opportunities for the Ten Mile area, that we are a little ahead of that plan, but we all feel that -- that this backbone is the backbone we would need to run the program long term and so that's why we come to share that with you this evening and get your feedback on the long-term cost associated with the program. There are certainly obstacles that we have ahead of us to overcome. Some are greater than others. One of the things that we are aware of is the public perception of reclaimed water in our community and that's why we have worked hard to develop opportunities for the public to get up close and personal with that source of water at the Heroes Park area as it relates to its use in our restrooms and certainly the -- the irrigation of the park land and also the water feature. Infrastructure, as I have mentioned to you, we have some investments to make still if we are going to make the program run the way we envision it. Operationally we will have modifications to the treatment plant, as well as to the overall monitoring of the effluent and compliance of new permits associated with DEQ's requirements under the class A permit. Logistically, sort of the timing of projects and the expansion of the program, are things that we are also considering and it's certainly program funding as it relates to the construction of the initial capital investments and, then, as well as the ongoing funding to keep the program running. All of these are being wrapped into our facility and master plans for the reclaimed water program and wanted to give you a comfort that we are working on those solutions as we speak. As you know, there are several benefits to incorporation of a reclaimed water program in our community. One, the reclaimed water's drought proof water supply and also can help to extend the shoulder seasons. We noticed that there is greater demand from our potable water system, even in pressurized irrigation systems, between say Meridian City Council January 12, 2010 Page 14 of 54 March and April and sometimes into May and, then, at the end of the irrigation season as well from say September through October. So, there is benefits there. Certainly we reduce demands on municipal water sources, we free up agricultural water for agricultural uses. Can also provide year around irrigation where applicable, provided the growing season meets needs or for greenhouses or other sorts of things. We would also provide lower affluent flows to the river and certainly the permit limits associated with the reclaimed water permit are less stringent than the National Pollution Discharge Elimination System and we also recognize that the incorporation of reclaim water can be more economically and environmentally sustainable for wastewater plant and, therefore, we feel also it's the right water for the right use. So, with that we are interested in your comments as it relates to the program approach, what we have done so far, what we have planned for the future. We would like some input as it relates to the capital projects we have laid out for you, their location, their cost, those kinds of things, and if you are agreeable to the plans and approaches that we have presented tonight, then, I'd like to talk briefly about a budget amendment that would be required for us to move forward. The tank and booster station project that we are a bit short on, since we opened up the bids last week. So, with that I will tum the time over to you and I'll let you offer your thoughts, suggestions, and comments related to what's been presented. De Weerd: Thank you, Mr. Barry. Council, any questions? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Just a comment and thank you for the clear and thorough explanation: Just a comment on the perception of -- of reused water in the general public. We are very fortunate to already have a separate water system from our potable water system in the irrigation system that is valley -wide and people are certainly aware that that's not the same quality as the drinking water and are comfortable in having it around and on their lawns and I think as we move forward with this, part of our educational challenge will be to show that the -- the reused water is every bit as clean as the irrigation water and I understand in some of the things like goose and duck poop being in it, that's not in the -- in the reused water, it's actually cleaner than the irrigation water. So, we have an advantage that we have the comparison that we can make for the public. No, we don't think we are going to drink the reused water, but it certainly is as comfortable to be around as the irrigation water is, so -- Bary: Mr. Zaremba, I very much appreciate your observations and you're absolutely correct and I'd like to share with you some information that I presented to the reuse conference last year. It's some of the first information that's come out with regard to comparison of class A reclaimed water with irrigation or what's otherwise known as ditch water and it is as follows: Ditch water has nearly 15 times the amount of fecal coliform and E. coli bacteria than our wastewater treatment plant's effluent currently and more than 1,000 times the fecal coliform and E. coli bacteria count than class A reclaimed Meridian City Council January 12, 2010 Page 15 of 54 water standards by which we would have to meet. And that's based on sampling in our system in 2007. So, those are pretty big numbers and those are numbers that we want to make sure the community is aware of. There is -- as it relates to those constituents there is really a much higher degree of quality with class A reclaimed water than there is with the current irrigation water. De Weerd: Any other questions, comments? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While I am fully in favor of this program, Tom, I -- at this point right now with the budgets that -- that Public Works has and stuff, I -- I don't know how -- how you plan on paying for it, unless we are going to rob one thing to pay for another. I support it wholeheartedly, but the economic times like we got now and the revenue that's coming in on that part of our budget, I don't know how we are going to pay for it, unless you have got a magic wand. Barry: Mr. Bird, if I may, we certainly appreciate your comments. The program itself has been incorporated into our five year capital improvement program and that program is presented in part on annual -- on an annual basis as part of our budget presentations to you and that the Council has been very good in supporting the financial commitments associated with this -- with this project. This particular year we are short about a million dollars in the program as it relates to the investments we budgeted for at the beginning of this fiscal year and the -- the need we have as it relates to infrastructure. We have looked as a staff at ways to close that budget and have a suggestion if we do want to move forward with the program now and that is that the Black Cat trunk project, which was constructed a couple of years ago and finally closed out. We realized a project savings of 635,000 dollars on and our proposal -- that money has been returned to the ending fund balance of the Enterprise Fund and we propose reallocation of that in a budget amendment to be presented later, say next week or so, and, then, also that sum, in addition to the sum of 490,000 dollars, which is currently in our budget for this fiscal year, which represents, as I presented earlier, the -- the distribution line from Cherry to Ustick along Ten Mile. If we postpone that a year, that could free up that money of 490,000, which we could add to the 635,000 to close that funding gap without -- without setting back any other projects, programs, or operational costs. So, that is one way to do it, but certainly the Council would need to be comfortable with that approach and that is one reason that we are here this evening is to provide those solutions and get your feedback. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council January 12, 2010 Page 16 of 54 Bird: Tom -- okay. And I have no problem if you come up with the -- with the money. I think it's a great deal. But we are putting it in Ten Mile between Cherry Lane and Franklin as they do -- ACHD is doing the work. Will that -- is that budgeted for and will that be -- will that not be needed to be done immediately when they work on the road? Bary: Yes. And that money has been budgeted and it is in our current fiscal budget. Mr. Bird, we are going to bring up that project map for you. Right there. So, the project in green I think is what you're speaking to, Mr. Bird, and this is the reuse distribution line between Cherry and Franklin. Bird: Yeah. Bary: And that was moved forward and included in our budget, because ACHD was improving that section of roadway and we felt that we would get a much better cost savings and coordinate the impacts and the synergy of that project by moving that forward this year and so there is money for that that's currently on task and under construction. The red portion there as well is on task as well and being constructed, but, as you know, we do not need to supply water to the Ten Mile interchange until we are told November of 2011, which is why we have recommended if we want to move forward the program now without -- with minimal impact to that delivery system, it makes sense to postpone the pink portion, which is the distribution line between Ustick and Cherry and do that in the summer or spring of next year, so it's on the next fiscal year. That certainly keeps us on task with regard to getting the -- the water from the plant to the Ten Mile interchange. Alternatively, you know, there could be a postponement of that project and others related to getting the water to the Ten Mile interchange as the Ten Mile interchange does have an alternative source, which would be the potable water system, which, of course, we discourage use of for irrigation of landscapes. So, I don't know if that adds a little more information to -- Bird: Yeah, it does, Tom, but if we are going to spend that kind of money we better be ready when Ten Mile is ready to need water, if we are going to spend that kind of money. You come back with showing where the money is coming from and stuff and I can certainly buy off on it, because I think it's -- I think it's a doable project, I think it's something that will pay benefits probably more ten years from now than it is right now, so show me where we are not robbing something to pay for it and I'm for it. Barry: Okay. Thank you, sir. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Yeah. Just to -- kind of along the same lines as Councilman Bird, I support the concept of this. I think you guys in Public Works have done a good job in laying out the planning for this. It is not cheap. But nothing -- I learned here in the last year -- someone said when it came to underground projects, what you can't see is very Meridian City Council January 12, 2010 Page 17 of 54 expensive and I found that to be very true and just like other projects it is expensive, but down the road this will pay dividends for us and I think protecting our water resources, which are necessary as we continue to grow, attract businesses, we need to do that and reclaimed water I think is a good way of doing that, although we are going to have to have a sharp pencil to make this work and look forward to seeing what you guys have proposed and how we are going to do that, so -- Barry: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And I would just repeat that I share the concern of the other councilmen of whether or not this is time to spend money or not, but I appreciate that you have already put some thought into where the money would come from. I would also say that I -- one of my big things when we start throwing huge dollar numbers around like these -- and these are big numbers to me -- is to also keep in mind the cost of not doing this and as you have already pointed out, if EPA has a requirement of phosphorous discharge into the Boise River requirement on us that we almost cannot meet, the cost of doing that I suspect far exceeds what we are talking about here and this a preventive move to avoid having to spend the kind of money that -- that may never even solve the problem and I appreciate that we are having to think very hard about this, but we also need to keep in mind what happens if we don't do this. Barry: Madam Mayor? De Weerd: Yes. Barry: Mr. Zaremba, I appreciate your comments very much, but I also, for the record, want to -- want to say that there are no guarantees when it comes to regulations and if we pursue this course of action and the EPA changes its mind or there is a new constituent that comes out that we are not seeing or being -- is being discussed, it can throw this program or any other program that we have totally in a -- in a swirl. So, we are attempting to do our best to counter those types of anticipated or known regulatory impacts, just as say, for example, the city of Boise purchasing land, they have purchased 50 acres of land outside their city limits to counter the phosphorous regulations for trading, for example, and there are other municipalities considering, you know, expense now, even when the regulations are only pending, but not certainly known yet. So, I don't want to suggest that this program is the answer, because we don't know that yet. But if you look at it in that context and to several others that have been presented tonight, it certainly is worthwhile considering and we appreciate the comments and support that you have lent to that this evening. It sounds also that there is at least an interest in hearing how we might support the construction of the improvements that would be required this year to keep on task with the program and so we will bring something back to you, hopefully, next week. Just as a precursor to that, I Meridian City Council January 12, 2010 Page 18 of 54 would say that, you know, the project that we are concerned about getting constructed this year involves the construction of two tanks for our batching process to treat the water and to store the water and, then, a booster station to distribute the water through the system, which does require a slip line to Heroes Park for the park to work under that scenario. It sounds to me that -- well, I guess I want to -- I want to maybe clarify, our approach would be, when we come back, to ask that you release the budget savings that we returned to the ending fund balance of 635,000 dollars last year, if we could reallocate that from the ending fund balance and add to that the 490,000 or so by the postponement of one year the project in pink on your map here, which would get done the following year and actually have to if we are going to service the Ten Mile interchange area. Is that an acceptable approach or should we be considering something different, because I'd hate to be back in front of you next week with that approach if you're not comfortable at this time. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Tom, that sounds like about the only doable approach we have got. As you stated, that's where the money is coming from. I think you need to get with -- get this out and have finance sign off on it and bring it to us. I don't know any other way you can do it, unless you have got something -- like I said, a magic wand that -- we don't have the privilege of being -- United States government just prints more money. That would be my recommendation for you how to do it, because you have basically to me -- you have satisfied my -- my question if it comes out like that. Barry: Okay. Bird: If we have actually got that, I have no problem with it. Barry: Okay. Thank you. De Weerd: Okay. Council, we will put it on next week's agenda, so you have it in front of you in black and white and you have an opportunity to see it in advance and we will ask you for your vote at that time. Okay? Bary: Thank you all. D. Planning Department 1. Presentation of Draft Funded, Unfunded, and Partially Funded Corridors for Consideration in Communities in Motion De Weerd: Item 9-D is the Planning Department. Caleb. Meridian City Council January 12, 2010 Page 19 of 54 Hood: Thank you, Madam Mayor, Members of the Council. This item shouldn't take too long. I did want to let you know that COMPASS is going through the process of updating Communities In Motion. Most of you probably have heard that or are aware of that. Part of that process is updating CIM and part of that is complying with the federal regulations and rules, which require a financially constrained transportation plan and also that for air quality conformity only funded roadways can be used. Given the less than ideal transportation funding picture for the future, the list of funded corridors in CIM, at least the draft CIM, has drastically reduced from the 2006 version of the long range transportation plan. There are only nine corridors that are proposed on the funded list in the update to CIM. Compare that to 15 corridors that are on the currently adopted 2006 version of CIM. If a project is not on this funded list in CIM, it is not eligible to receive federal dollars. So, that's really the -- the reason that you want to be on the funded list here, is if you aren't you can't receive those federal funds. I do want to point out that CIM can be amended from time to time if, by chance, money is appropriated for a project, you can back that into a long range plan, but the idea is to start out with a plan that's sound and list the projects that can be funded. The COMPASS board has actually already had this on their agenda and they asked to defer it for a month, so that the various Councils -- some of the board members were uncomfortable approving it on the spot there. They asked to have a deferral of one month, so they could talk about this with some of the councils if they so choose. So, that's why I'm here tonight is to just -- you received a memo from me late last week, middle of last week, outlining those funded, unfunded, and partially funded corridors and I guess I'm here to see if you have any comments or for our two COMPASS board members that are here, the Mayor and Councilman Bird, any comments for them to take forward, because it really is at the board level at this point. Our staff has recommended that attached list, but wanted to clue the rest of the Council in and see if there are any comments or concerns that maybe our board members could take forward or I could see what I could do at the staff level as well. I do have -- if you want to compare them side by side, I do have the current -- the 15 projects in the 2006 version and the nine version -- or the -- the draft version showing the nine projects. If you want to look at those two I can pull those up, so -- with that I'll stand for any questions, but that is my presentation. De Weerd: Thank you, Caleb. Council, any questions, comments? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd like to know if Council has -- we have been pretty well briefed on this and -- but you guys -- does Brad or David have anything they would like to add or see anything jump out at them or -- Hoaglun: Madam Mayor, Caleb, I just want to find out -- the Meridian interchange, was that ever on a funded list? Was it on -- you mentioned that they got cut down from the Meridian City Council January 12, 2010 Page 20 of 54 15. Was that 15 corridors down to nine? Was that part of the 15 at one time or has it never been on the list or partially funded list? Hood: Madam Mayor, Councilman Hoaglun, let me look at that. Most of the projects are roadway widening projects. There are some interchange projects on the list and whatnot. The Meridian -- De Weerd: Councilman Hoaglun, I guess I could tell you at one time it was on the GARVEE list and so it's never been on the STIP or the TIP, because it was contemplated as one of the costs of GARVEE. In balancing it and reducing it by the legislature, the director at the time took it off and when that was removed no one really told the city or even COMPASS, for that matter, it had been removed and so there was no effort to put it on the STIP or the TIP and it's kind of languished. We have been looking for other types of funding for it and that is kind of the conundrum that we are left in today. Hoaglun: Thank you. De Weerd: And I said that as politically as I could. Any other questions from Council or comments? If you don't have any tonight, certainly if you want to get those to Caleb or Keith -- or Councilman Bird or I prior to the COMPASS meeting, we would certainly like to hear your comments or concerns. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just add that it's -- this is something that the transportation task force struggles with and stuff that -- when you get a list of very important projects, which important project is more important than another important project is always a struggle. I would just comment that I'm -- I'm happy to see that Linder Road is mentioned and one of the comments includes the overpass at 1-84 and now that we have Ten Mile interchange going and hopefully there is going to be progress on Meridian interchange, I would like to see the Linder overpass get a little more attention. That's about the only thing I would comment on. De Weerd: Council -- and I guess I would tell you that we understand from ITD's staff that they are progressing some -- some portion of the design of the Meridian Road interchange in anticipation that there might be funding found somewhere. So, that is good news for the city and for that -- the safety aspects of that and the inability to utilize -- fully utilize the improvements made on 1-84 specifically are compromised until that is rebuilt, so -- okay. Caleb, it doesn't look like there is anything at this point, but certainly you might see something before the COMPASS meeting. Hood: And if I do, Madam Mayor and all the Council, I will forward that onto yourself and Councilman Bird so you have those. Meridian City Council January 12, 2010 Page 21 of 54 Item 10: Items Moved From Consent Agenda De Weerd: Okay. Thank you very much. Okay. There were no items moved from the Consent Agenda. Item 11: Action Items A. Public Hearing: MDA 09-004 Queenland Acres by James Prather Located at the Southeast Corner of Overland Road and Stoddard Road: Request to Amend the Recorded Development Agreement for Queenland Acres in Regards to Parking; Timing for Construction of the Multi -Use Pathway; Building Size; Site Plan Requirements; and Fencing De Weerd: We will move to Item 11, Action Items. The first item, A, is MDA 09-004. We will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next item before you is a development agreement modification request for the Queenland Acres project, located on the southeast comer of west Overland Road and Stoddard Road. Some highlights of the requested amendments. The allowance for parking in front of the two building pads along Overland Road at the northeast comer of the site. These two right here you can see on the concept plan. The current development agreement prohibits parking between the structures and Overland Road in this area. Staff is okay with this change, as long as the parking complies with the design standards at the time of development. Also the allowance for the multi -use pathway to be constructed in two phases with development of parcels one and three and just show you quickly -- parcel one is this comer parcel here and parcel three is the large one here shown on the amended record of survey. The multi -use pathway is required to extend from the south from Alaska Street in Bear Creek Subdivision, across the site to the north, and come out at the light at Overland Road. The applicant is also asking for the width of the pathway to be reduced from ten feet to eight feet. The current development agreement requires the pathway to be constructed before the first certificate of occupancy is issued for the entire site. Again, the applicant would like to construct it in two phases. The next item is the exclusion of parcels one and two, which are these northeast parcels from the requirement for buildings within this development to be limited in size to 15 percent over or under the sizes shown on the concept plan, except for the largest building pad or this -- where the print is here. The applicant is also proposing to change the fencing material along the southern property boundary from a six foot tall concrete wall to an eight foot tall white vinyl fence, consistent with the Lowe's fencing to the east. Modification to the concept plan to remove the bump out and tree. You can see here at the southern portion of the perimeter boundary of the site. And also to remove the stop and yield sign indicated on the plan. Next item are amendments to the test contained in section six pertaining to compliance, consent to rezone, and section 14 pertaining to certificate of occupancy in order to clarify the intent of these sections. The city attorney Meridian City Council January 12, 2010 Page 22 of 54 has reviewed this text proposed by the applicant and is in agreement with the changes proposed. Staff is recommending the revised record of survey be included as an exhibit in the development agreement and is also recommending inclusion of the revised conceptual development plan shown here per the changes requested by the applicant. The applicant has submitted a letter stating he is in agreement with the staff report and staff is recommending approval of the proposed changes as detailed in Exhibit A of the staff report. Staff will stand for any questions the Mayor and Council may have at this time. De Weerd: Okay. Any questions at this point? Bird: I have none. Zaremba: Not yet. De Weerd: Okay. Would the applicant or representative like to speak? If you will, please, state your name and address for the record. Prather: James Prather, 2595 South Linder in Meridian, Idaho. De Weerd: Thank you. Prather: Good evening -- good evening, Madam Mayor. Happy New Year. Council. De Weerd: Thank you. Prather: City attorney. Staff. I just want to say that this is my first time in the new building. I have visited the old building many times. This is a beautiful building. De Weerd: Thank you. Prather: Job well done and congratulations to Councilman Hoaglun and Councilman Bird this evening. Hoaglun: Thank you. Prather: Roughly about two and a half years ago I was before this Council for this development agreement. That was certainly a different time and a different climate. The change which has prompted these changes to this development agreement, most of them are minor. Some of them are a little bit larger. One of them being the fence. But most particularly the economic side of this -- these changes are needed. So, with that said, I concur and agree with staff recommendations. I will be happy to stand for questions or listen to some of the people that have come from the neighborhood. De Weerd: Thank you. Council, any questions at this point for the applicant? Meridian City Council January 12, 2010 Page 23 of 54 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I just have a comment. I want to thank you, Mr. Prather, for keeping your property clean and your one large property, that we don't see weeds all the time out there. I appreciate that. Appreciate it. Thank you very much. Prather: Thank you. De Weerd: Thank you. We will ask for any final remarks after we have taken public testimony. Is there anyone in the audience who would like to provide public testimony on this item? It looks like you addressed all your neighbors concerns and after the meeting two and a half years ago I commend you for that. Council, any questions for either staff or the applicant? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just one minor thing about the bump out along the south property line where the tree was going to go. At the time this came through the Planning and Zoning Commission where I was at the time, there was discussion about trying to prevent cut - through traffic from turning off of Stoddard and racing around these buildings and getting to Overland by going through this property and that bump out seemed to be the solution to that. Are we satisfied that that's not as big a problem we thought it was three or four years ago? De Weerd: Mr. Prather, do you want to comment? Thank you. Prather: That's a good question. There seems to be two speeds through every commercial project and that's the speed of people who want to attend some of the facilities and those who are just passing through. What we have done here is primarily in taking that little bump out and the signs is in order to dock these, we are assuming that we are going to get a big box user and hopefully a grocery store, which is well needed. To dock this in the back to get those size of trucks in there, we really need that removed to adequately -- because we have to dock from the middle of the property along to the west and this is something -- if speed or if cars go through there like you were suggesting, we will handle that with either valley -- speed bumps or valley gutters. De Weerd: Thank you. Any other remarks, Mr. Prather? Okay. Council, seeing no further testimony or information needed, if you so choose I would entertain a motion to close the public hearing. Meridian City Council January 12, 2010 Page 24 of 54 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on -- oh, I'm sorry. My turn? I move we close the public hearing on MDA 09-004. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Unless we have further discussion, I would move that we approve MDA 09-004 and incorporate staff, applicant, and public testimony that we change the DA to detail in Exhibit A, which is part of the report. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Okay. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. B. MFP 09-003 Bienville Square Subdivision by Idaho Mutual Trust Located at the West Side of Eagle Road and South of Ustick Road: Request to Modify the Six Foot Decorative Masonry Wall Along the Western Boundary Approved with the Final Plat Landscaping Plan for Bienville Square Subdivision De Weerd: Item 11-B is MFP 09-003. 1 will ask for staff comments at this time. Mr. Nary, is this a public hearing? Nary: Madam Mayor, Members of the Council, normally final plats are not going to be a public hearing, but on this particular one there has been some comments by the public about this. I don't know if anybody here wants to comment. There is some modification Meridian City Council January 12, 2010 Page 25 of 54 that is being requested for what's been previously approved, so you certainly have the ability to take comment from the public if there is anyone here. De Weerd: Okay. Thank you very much. Staff, please. Parsons: Thank you, Madam Mayor, Members of the Council. The application before you tonight is to modify the landscaping plan that was approved with the Bienville Square Subdivision final plat back in 2007. With that -- approval of that landscaping plan and the fencing, tonight we are just going to be discussing the perimeter fencing along the western boundary, so that's really what we are discussing tonight. That landscape plan -- excuse me. Here is that approved landscape plan that I was talking about and I have highlighted where the location of that wall is. In addition to that wall that plan was approved with a ten foot pathway in an approximately 30 foot width landscape buffer. The majority of the buffer was to be on the Bienville Square Subdivision side with a small little strip on the back side of the wall. Here is the approved fencing and the -- currently the constructed fencing on the site. The fencing on the left-hand side shows that it is a six foot split block wall, basically, with an accent face block portion and it also had a decorative pilaster and capstone. The fencing for this project was quite a topic of discussion at the previous hearings. Staff researched those minutes and that DA for that site and nothing in those minutes or conditions of approval or the DA specified how the wall was to look, but this is what staff went ahead and approved with the final landscape plan. I believe everyone was in agreement that a decorative masonry wall was to be constructed and so what has happened now due to the current economic conditions, the previous developer no longer retains ownership of the project, the new -- the applicant has retained ownership and the fence was already constructed when they regained ownership and so they have gone in, met with staff several times. Fencing -- with some of -- we never discussed fencing at full detail. At the time that I started working on the project it was primarily to get CZC approval for the commercial buildings that are currently constructed on the site. We met with the applicant. We told them -- staff and Public Works all met with them. I told them what subdivision improvements needed to be complete in order to get occupancy for the subdivision. We approved some alternative compliance requests for the buffers along Eagle Road and, then, right before we were to release occupancy Mr. Tomczak, one of the affected property owners, came in and talked with staff about the masonry wall along his property boundary. I pulled out that file, showed him what the wall detail was to look like, and gave him copies of that from -- from our files. Now we here everything -- the subdivision are improvement -- are down. The applicant has -- is in the process of constructing four single family homes in the development. They are looking to get occupancy for those homes, so that they can market those and begin to sell those homes and so we are here before you tonight really to discuss three issues with the amended plan. One, the approved -- or the existing fencing doesn't match the detail, as you can see, on the exhibit. Two, if I can go back to that landscape plan, right here where the arrow is you can see that there is a pathway -- a 20 foot common lot, essentially, and a pathway. Well, that portion of the fence has not been constructed for 20 feet due to the fact that there is an easement that runs through the property for a canal and so that portion of the wall -- that's currently open to the adjacent property Meridian City Council January 12, 2010 Page 26 of 54 owners as well. I know the applicant's working with that adjacent property owner to put some kind of swing gates in there to mitigate for that. To my knowledge there isn't a license agreement in place to allow for anything within that easement as we speak tonight, but the applicant is here in the audience and they can definitely shine more light on that. The other issue was the fact -- if you look at the photo in the right-hand corner, you can see that the decorative features did not end up on the backside of the wall, so this is what the adjacent property owners look -- are looking at. A smooth face block wall with, essentially, a five foot dirt berm. You can see in this photo that one of the adjacent homeowners has just constructed a fence to just close that off, so they don't have to look at that. The applicant is currently working with those six homeowners. To staffs knowledge six of the agreements are in place and signed. A couple homeowners are holding out and waiting to see what the outcome is of tonight's hearing. The other issue with the wall is that it currently exceeds the height limit of the zoning district. Our UDC requires that the height of the wall, the fence, be no more than six feet and currently as we speak tonight -- I did physically go out there and measure the wall and it's -- the current height is six feet, eight inches. So, it's approximately eight feet. It's one of those situations here where it's -- staff had a hard time making a recommendation, but, basically, we felt that the fencing -- the building materials complied with -- with the building material that was depicted on the landscape plan, it just lacked the decorative feature. So, staff felt as an appropriate -- or at least as a mitigating measure that they at least add a decorative capstone to the wall and we would recommend approval as the wall exists today. Like I mentioned, we have received written comments from one of the adjacent property owners and they are here wanting to testify tonight. They have also provided us a sample elevation of a wall section for you to look at, so I will put that on the overhead for you to view. The applicant's also here. He's -- they did not like the recommendation of staff, so they would prefer not to do the decorative capstone on top of the wall, they just want to leave the wall as is. Staff has not received any other written testimony on this project. This concludes my presentation. I would be happy to answer any questions you may have. De Weerd: Thank you. Council, do you have any question at this time for staff? Bird: I don't, Mayor. De Weerd: Okay. Thank you. I guess we will do it in the normal fashion of the public hearing. Is the applicant or owner of this project here? Good evening. If you will, please, state your name and address for the record. Slaughter: Good evening, Mayor and City Council Members. My name is Ben Slaughter, I'm here on behalf of the owner of the subject project, which is Idaho Mutual Trust. De Weerd: Okay. Thank you. Oh. I need an address. Did you give me an address? Slaughter: Oh, sorry. My personal residence or the address of the company? Meridian City Council January 12, 2010 Page 27 of 54 De Weerd: The address of the company probably is best. Slaughter: Okay. It's 12594 West Explorer Drive, Boise, Idaho. 83713. De Weerd: Thank you. Slaughter: So, we have submitted some written comments with respect to the staff report and we also submitted some comments when we made the application and I don't know to what extent the Council members have had a chance to take a look at those, but I will just briefly go over those really quickly and, then, I will wait to hear what the other parties have to say and see if there is any response needed or any questions that I should answer from Council members. Basically, the way I -- we read the staff report is that there is one issue left on the table. There is a recommendation that the capstone be placed on top of the existing wall. So, I'll address that issue first and, then, go onto some of the issues that were just raised by Mr. Parsons. So, the -- we just -- we urge the Council to accept the wall in its as -built state. If you take a look at it, it's very visually appealing. I think at this point it's kind of a subjective analysis, does it look good or does it not look good and I don't know how you make that determination. So, what I think everyone should look to is why would we kind of -- if it isn't broke, don't fix it type of thing. It looks good, it's structurally sound, and it meets its purpose, which is to be a visual and a sound barrier. So, it meets every single aspect that it's supposed to meet from a practicality standpoint. The reason -- the problems we would have with removing the top layer and putting a capstone on there as recommended would be that, one, we don't know what it will do to the structural integrity of the wall. We haven't hired an engineer to look into that aspect. Our fear is that it would create an issue by -- by possibly making us have to do additional work to the wall or maybe having to tear the whole thing down and redoing it. But as it stands right now it's perfectly fine. The other problem would be some sort of economic -- it's definitely an economic and environmental waste. You have spent tens of thousands dollars -- tens of thousands of dollars in putting the thing in place and, then, to have to go and spend another tens of thousand of dollars in additional money to tear out the top wall and put a capstone in place and who is to say if it really is going to look better than it currently does. The -- the other thing is when we look through the development agreement, my interpretation of it is that -- and our interpretation of it is that it -- the landscape plan itself doesn't specifically state that there has to be a capstone, it just says a decorative wall -- six foot decorative wall with the split face aspect to it and it is that. Then, there is a sample picture attached, which we all know -- in my experience doesn't necessarily mean that's exactly the specifications that it has to meet, it's just an example. That's how we have been viewing it. And I think that's a fair interpretation of it. So, I don't think that pointing out the picture that's attached to the landscape plan and saying it has to look exactly -- exactly like that is the -- is the analysis that we need to approach it from. And the other problem with putting it -- if we were just to put a capstone on the wall as is, is there is a -- there is a rounded top to the wall, so we would still have to remove a significant portion of the wall in order to put a capstone on it. Kind of just backing up and -- at the larger picture, we kind of took this project over against our will and we are -- when we took it over it was kind of an eye sore and we have been working diligently, spent Meridian City Council January 12, 2010 Page 28 of 54 hundreds of thousands of dollars trying to move forward and create a viable project for the community and we are pouring a lot of time, effort, and, like I said, money into this and we have -- and we want to be able to just focus on the important aspects of it, which is to build some nice homes, finish it out the way it was supposed to be finished out and, really, when you look at that picture of that wall, it looks good. I don't know how you look at it and say it doesn't look good. So, then, to go to the three other issues that were raised by Mr. Parsons, saying that the -- there is the four feet of property on the other side -- well, we acknowledge that. The neighbors on the other side wanted a more substantial wall than just a vinyl or cedar fence. In order to put up a wall like that you have to back it off the property line, so that you can grade away from it, probably, and I'm not -- I'm not very knowledgeable in engineering or anything like that, but my understanding is that it had to be able to put up the type of wall that everyone wanted it had to be backed off of the property line and we are more than willing and we have talked to all the neighbors and we are more than willing to make it -- to insure that it's not a nuisance and, in fact, we told some of the neighbors go ahead and use it, do whatever you want with it, and we will let you use it as long as you want and you can just maintain it or you can let us come in and we will maintain it for you. And I -- I thought that was a pretty reasonable solution to the issue. And most of them have agreed with that and have allowed us to go down that route and they -- they have decided to just add that four feet onto kind of their property. They have a license to use it and they are going to maintain it. But, in any event, we will never let it become a nuisance, we will always make sure it's weed free if somebody doesn't want to take care of it and, then, the height being six foot eight, I just -- I don't know what to do about that. We didn't build it. It is what it is. And I think that that is a distinction without a difference. If you go out there -- we have gone out there, we have gone out there, we measured at a different height. I'm not going to say that -- that anybody's wrong or right, but I think that we are talking inches at this point and I don't see benefit to anybody to -- to reduce it by -- at this point in the game by anything and the -- the decorative feature on the opposite side of the wall, as pointed out in the staff report, there is no requirement in the development agreement or in the landscape plan that the other side of the wall have any sort of decorative aspect to it and, you know, like I said, we -- we took this as it is. We didn't build the wall. It's there. And we'd like the ability to just move forward with this project and I guess that's the end of my comments. De Weerd: Okay. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Slaughter, that four foot no man's land, would Idaho Mutual Trust be willing to deed that to the owners of the property there that back up to -- Slaughter: I -- I am not familiar enough -- I don't know if I could speak on behalf of the company to say that right here right now. I know that right now we have definitely entered into the -- we have entered into license agreements, which are -- which don't Meridian City Council January 12, 2010 Page 29 of 54 have any sort of -- the only time that they would terminate is if the wall for some reason was tom down and those four feet were actually part of the property, so we didn't have to do a lot line adjustment. That's certainly something that would be on the table I would think, but I would have to talk to that -- yeah, that would be a decision for someone other than me. Bird: I just see that four foot being agreed upon now, but five years from now with other people involved or something, it could be -- it could be a nightmare every year, you know. So, it's -- you just deed it to their property, it's theirs, they are responsible for it. I don't know -- I didn't -- I'd like an engineer to explain to me why they have to move four foot off the -- off the property line to build a fence, but I guess there is reasons. Slaughter: Just my armchair construction slash engineer knowledge is that the grading when you put up a structure -- a masonry type of structure, which is with cinder block and, you know, pretty wide and a lot of weight, you have to slope it away from there and, I don't know, there might be -- Bird: Then, you should put footings in just like you do a house. Slaughter: Yeah. I guess I have exhausted my knowledge on the topic. That's just what I was told that they had to -- Bird: You know, you're talking about as much weight as a lot of walls on houses. Hoaglun: So, Madam Mayor, question for Mr. Slaughter. So, basically, the wall is taller than six foot more than eight inches, because they did a berm. So, we are talking -- and it's hard to tell the slope on that, how high that goes. Is that about an eight foot tall -- if you were standing either on the sidewalk or their backyard, that's about eight foot total, once the -- with the berm in place, with it on top of that bermed area? Slaughter: I'm actually not sure. I would have to defer to somebody else on that. I only know what the actual measurement of the wall is. Hoaglun: Okay. Follow-up, Madam Mayor. In discussions with the neighbors about the wall as it faces their house, it has just been the discussion about that four foot strip. Has there been any discussion about the face of that wall. It looks like just plain cinder block, as opposed to any decorative features. Slaughter: There has been discussion with the neighbors. Some of the neighbors well -- and particularly one of the neighbors requested that, but we have gone back -- because, like I say, we were kind of handed this as is and it would be costly and I'm sure you'll hear from Mr. -- I think it's Tomczak shortly about the issue, but it wasn't required to be in there and we built -- it was built first back as far as I can tell with respect to the split face decorative aspect of the wall and so we were -- we never understood that there was a requirement that we had to do anything with that side of the wall. Meridian City Council January 12, 2010 Page 30 of 54 Hoaglun: Okay. Slaughter: And it sounds cost prohibitive from everything we can determine from -- from the requests that were made. Hoaglun: All right. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: This is, again, something that came through while I was on the Planning and Zoning Commission and we had long hearings on this project and I believe several continuances and this wall was a big topic of discussion and I can't speak for what happened when it got to the City Council, but when it was leaving the Planning and Zoning Commission it was our intent that the decoration be on the neighbors' side of it, not -- and it was up to the developer what was on the developer's side of it. But I know at the Planning and Zoning Commission after all the discussion, the expectation was that either both sides were decorative or the neighbor's side was the decorative side. I guess that is another example of where we need to make sure more gets into writing than is getting into the writing. I don't know what to do about it, but I do know what the intent was at the Planning and Zoning Commission, that the neighbors' side be the decorative side. De Weerd: And just to comment on that, Mr. Zaremba, that was probably the assumption of Council. I know in reviewing the minutes and I was part of the many meetings as well and it was contentious. They were very concerned of what they were going to look at and that decorative fence was kind -- it certainly was something that made the development more palatable and, yeah, we didn't designate what side of the block masonry wall it was supposed to be on. Maybe that was our mistake or as my daughter would say my bad, but I think, too, there is something called the good neighbor fence and -- and oftentimes you see that it's in at least wooden fence you can alternate the pattern, so each side a little give and take and at least it makes it fair. From a homeowner's perspective certainly when I build a fence I want the attractive side, it's at my cost, and I want it on my side. We have never built it that way, because we do have to live with our neighbors and maybe that is why the Council didn't designate -- well, if you're going to get this permission, you have to do the decorative on the neighbors' side and whatever you want to do on your side is your thing. I guess we assume we don't have to go into all of that detail, but some will do the right thing and I guess my question to you is would you like to look at the side that the neighbors look at. If that were your house and you enjoyed your backyard and that's what you looked at. Now, I know that's an unfair question, but you can choose to answer it truthfully if you would like. Meridian City Council January 12, 2010 Page 31 of 54 Slaughter: Thank you. That's a very pointed way of asking it, but I guess I'd like to kind of punt a little bit and say that from the perspective of those particular owners, at least half of them from the perspective of footage of the wall, are happy with it and they prefer it as is and they are -- they have -- they were glad to sign an agreement with us where they get to use those four feet, they didn't want anything done to the wall. So, I guess it comes down to one of those subjective things where some people really appreciate it and some people don't appreciate it. From our perspective we are sitting here saying we didn't do it to anybody, we just were handed this. To go in and do something to put in decorative features on the other side of that wall that half of the neighbors don't want and half -- or one or two may want and, then, to get those one or two to agree on what that decorative feature might look like and, then, to maintain that decorative feature and pay for it, the installation of it, is -- is just -- first of all, when we looked at the development agreement and read through the minutes, that's all we can go off of and we just never understood -- I never had the benefit of hearing these previous hearings and so from just a plain face reading of it, it seemed pretty clear that we were fine as far as the decorative features being on one side and not the other. So, would I, living on the other side of that fence, have a problem looking at it, I have no idea, but, you know, at least they -- there is another four feet of land that we are offering to let them use and decorate it any way they want in terms of putting in grass, putting in trees -- I think it's a very difficult subjective question to answer. I don't -- I don't know how to answer it. De Weerd: And I know I put you in a pickle, but -- and I know that you inherited it, but still I guess, you know, the question here is what is the right thing. I bought a lemon of a car and, I'll tell you what, I paid for it, because I bought it in good faith. You know, it's how you want to be a neighbor and, you're right, I read the same things that you did, it did not say what side of the fence that decorative side had to be on. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Slaughter, a couple things. First of all, the neighbors are doing you a favor by taking care of the four foot for you. That would be a nightmare for you -- your firm and I know how well right of ways and stuff like that's taken care of. Secondly, have -- have you looked into sand blasting this? You know, sometimes if you go out and put a light sand blast on -- on concrete walls or cement block walls, it will really add to it and sand blasting it shouldn't be, you know, hundred thousand of dollars and I -- and I'm like the Mayor, I realize we are -- we are not preaching to the real choir that was the ones that come before us, but -- and I think sitting on the Council when it first come through, we just automatically thought that you would put the decorating side to -- away from the property, you know, because you take -- every fence I've put up, the good side has been away from my yard, so that my neighbors or anybody seeing the good side -- and I put it up seeing the -- the rough side. So, I don't know, I -- I don't know what your -- we will find out when the other gentleman testifies, but sometimes you can take -- you can take just a light sand blast, take a little pressure and a sand blaster out there and some Meridian City Council January 12, 2010 Page 32 of 54 sand and take some 120 grit sand and you can make it look real nice. But in the same token you need to make sure you don't hurt the integrity of the structure of the fence. Slaughter: Well, thank you for those comments, Mr. Bird. To answer your question, I don't believe we had looked into sand blasting as one of the potential solutions. What happened, as far as I can recall, is that we -- we tried to enter into negotiations with all the property owners and, like I say, half of them were happy and worked with us and, then, a couple were just concerned and had a different -- totally different request, some dealing with the wall, some dealing with some other things that were -- that just didn't deal with the wall at all and kept getting side tracked, whereas in a way I feel like -- I don't know how to prepare for these -- I prepared for this hearing based on the staff report, which just dealt with the capstone, and I thought that all the other issues were non -issues at this point, but, obviously, we are back to dealing with this issue again and I don't -- they are all different people and property owners with different desires and wants and I don't -- from what we could gather there was no way we were going to come up with a universal solution to make everyone happy. It makes it really difficult when half of the people don't even want us to do anything to the wall and one person wants us to do something to the wall and put in landscaping on their property and, you know, pay them some money to do some stuff and -- I mean it gets to the point where we just had to focus on what we could really do and -- and now that we are at this point we were hoping to just focus on what was in the staff report, but if we are going to deal with the neighbors at this point in time, I don't know how we can get to a resolution sitting here tonight and it is a time sensitive matter for us, because we are sitting on a very expensive project that's eating up a lot of capital and we really want to move forward if we can. De Weerd: Is there a building permit being held up -- building permits? Parsons: Madam Mayor, Members of the Council, we don't typically hold up building permits for the housing, they just won't get occupancy for the sale of those homes. So, that's what would be held up. The commercial buildings have been granted occupancy, because their common lots and all their improvements were done for those portions of those lots, so staff went ahead and signed occupancy for those -- the two -- at least the one commercial building. I don't believe we have done it on the other one. But we have informed the neighbors that Idaho Mutual Trust would be proceeding with building permits and constructing homes out there. We wouldn't hold up building permits, we would hold up occupancy of that subdivision for the residential portion. De Weerd: Thank you. Any other questions from Council at this point? Bird: I have none. De Weerd: You'll have a chance for the last word. Slaughter: Thank you very much. Meridian City Council January 12, 2010 Page 33 of 54 De Weerd: Thank you. Okay. This is a public hearing on this item. Is there anyone else who would wish to provide testimony on this application? Yes, please. Take a deep breath and state your name and address. Tomczak: My name is Ray Tomczak. I live at 1502 North Leslie Way in Meridian, Idaho. De Weerd: Thank you. Tomczak: Mayor, I thank you. Council. It's good to see you all again. We are the ones that were here before. See, if I can -- De Weerd: We do have your letter on record. Tomczak: Yes, ma'am. I know that. I hadn't -- we had met with -- with Idaho Mutual Trust just prior -- before they took over on the property when -- after foreclosure -- before foreclosure and, then, he had told me to get with the neighbors and to meet with them. He agreed that the wall was -- was a mess. The landscaping definitely needed to be addressed. He said to get -- you know, sit down with them, get consensus of what we wanted and what we would like to do. I did that. When it come time we were told to -- we were referred to -- excuse me. Dan and Ben Slaughter with Idaho Mutual Trust and that would be Dan Bureau. There is a lot of issues with this wall. I thank Idaho Mutual Trust for letting us have four feet of it. That's not what I bargained for, especially if I have to landscape it. I didn't need an extra four feet there. The wall is -- this is a different wall, this is just an image of one had taken to -- it's a fix to a problem, but want to go back to the four feet and try not to get too scattered here. So, we had talked to them about putting a type of mixture on the wall and this is a mud mix. I went and got some estimates with it and to do my wall, which is 200 feet and sit on the second property -- or the fourth property in from Ustick, the second one that's affected by this one here, and it was $2.10 a square foot or roughly about 3,200 dollars to put a mixture of this onto the wall and that would be sanding down the cinder block line so they didn't show through. That was just one estimate. And I did go to concrete supply people and talk to them about this to make sure that, you know, I had my facts straight on this. As far as the cap on the wall, that's a pretty easy fix. There are a few things you can do. The cap will come off fairly easy. They will have to chisel it off and straighten it out to apply the cap on the top. We are not looking for anything else on the wall, but something that's going to be a little more appealing than just cinder block wall. The four feet that's there -- De Weerd: Excuse me. Council, if you don't mind, I'd like to add two more minutes. Bird: Yeah. That's great. De Weerd: Thank you. Meridian City Council January 12, 2010 Page 34 of 54 Tomczak: Thank you very much. The wall also facing on my property, as I stand flat on my property, is 90 inches tall. It's a big, big wall. That's seven and a half feet. And the dirt on the berm, of course, is -- and in this letter I submitted to you it did come out passed their -- their property there. I had to uncover my sprinklers and take care of the weeds and so the dirt is only 18 inches -- when they put the wall in they just skimmed the ground, put the footer on it, built the wall. Now, they put a lot of rebar in there, so I guess it's pretty well built from what I could tell and with my knowledge. One of the reasons for doing it that way -- it was a lot easier than digging a two foot trench, putting a footing in there, and building a fence on the property line. So, this was an easy fix for them. Scrape it, place it, fill it back in. Now I have four feet there that we have to landscape. When I talked to -- we met with -- my wife and I with -- with Dan and Ben at Idaho Mutual Trust and they told us they would give us a license agreement and they didn't want to meet with us as a group, they wanted to me with us individually, and that was I guess Pete made the recommendation on staff to do that. When we asked them to -- for a landscaping allowance, their -- so you want us to finish the wall and do your landscaping for you, too. Yes, I do. I'd like a landscaping allowance to be able to take care and finish that wall up, so it's at least a bit decorative. I don't think that's a lot asking, considering the fact that it looks like that. It's an eye sore from my side. It's just a huge wall, which I do have a picture here -- De Weerd: Mr. Tomczak, I'm song, you'll have to summarize. Does the picture you have look too much different from the one staff showed? Tomczak: That picture is a composition that is build in the Hacienda Subdivision down on the -- on Meridian Road and -- Parsons: South of the Catholic church off of Chinden and Meridian -- Tomczak: The Holy Apostles Church there. And so what I was looking for was a wall where they put a skin coat on this -- on a cinder block wall and it looks good, something that was easy, something that was a fix that was esthetically pleasing and maybe not that expensive. And so that's the best I can come up with. Now, talking to Concrete Supply Services there, one of the guys, that they did this up in Donnelly on a fix on one of the walls up there that they had to do and it's holding up very well, so -- De Weerd: Council, any questions? Bird: If they decide to do this there will be maintenance with this stucco that they apply. It's not a stucco, it's a slurry that they put on. Concrete slung. But it will -- it can crack and chip, so there is some deal -- and I had forgot about that when I was talking about the sand blasting. But that can -- it can be done and it does look a lot more decorative and evidently you have got about 1,400 square feet of wall at your place and they are doing it for about 3,200, so -- Tomczak: Two hundred by I think seven feet -- Meridian City Council January 12, 2010 Page 35 of 54 Bird: I figured seven feet, so you're 1,400 square feet. Tomczak: And so the -- addressing to the issue -- or three of the neighbors that have -- we are all contiguous. Steve Grant, Scott Feeley, and myself and I'm in the middle of that. Gary has the next property up. He has like 80 feet that's behind a shed, behind a shop. He never sees it. Mark Snodgrass, which has already done some things, he wasn't waiting around to wait for this to happen, so he went ahead and proceeded with his own. He chose to just sign off and let it go for different reasons. The other neighbor, which has 40 feet and she's up at the end -- both of them have signed off. It's 40 feet and it was back in the comer, they'd never see it, they didn't really care. So, the three of us, which has 600 and some feet of it, which is very visible from Leslie, Mark Snodgrass is not, he's back in a cul-de-sac. You don't see his. I did look at it. You know, he's got some big trees there and so it -- it hides it, but it's still -- it's still there. We do have one opening I will go through it quick. It's a 20 foot opening for the irrigation, which is the users -- we are the users on that and we can have that wall -- they can go ahead and finish putting the stone across there. We can make that happen: Give them the right to do that. It is the Ahman lateral users -- Hoaglun: If I might ask, who -- what's the irrigation district? Is that Nampa -Meridian that runs -- that has that easement? Tomczak: Well, it's not Nampa -- it's -- Hoaglun: Is it Pioneer? Bird: Or Settlers. One of the two. Tomczak: Settlers, yeah. De Weerd: Settlers. Tomczak: But we have control over that, not the Nampa irrigation. They refer everything to us. Vern Ahman. He's on the -- Hoaglun: Okay. As long as we aren't dealing with the irrigation district, that gets a little bit -- Tomczak: Not at all. No. Hoaglun: Okay. Tomczak: This is something we have to address with us and take care of ourselves there. Hoaglun: Okay. Meridian City Council January 12, 2010 Page 36 of 54 Tomczak: Like I said, we tried to meet with them and tried to talk to them, but we'd like to find a -- I did have Sterling Nursery come out and give me some estimates on landscaping. There is a concern about the slope of it, but I think I can deal with that, but I really didn't need another thousand feet of landscaping there to -- or property to landscape, you know. De Weerd: Council, any further questions? Bird: I have none, Mayor. De Weerd: Okay. Thank you very much. Tomczak: Thank you very much. Appreciate it. De Weerd: Any further testimony? Parsons: Madam Mayor, if I could interject could interject for one moment. That 20 foot opening -- De Weerd: I'm like where is that voice coming from. Parsons: One thing I would like to point out to Council -- and staff was out there looking at that opening in the wall and that's where the one photo on the -- the right-hand side that you saw earlier this evening. There is a manhole there for that pipe, so keep in mind if -- if that is closed off and they need to get in there and service that facility, they are either going to have to go through to the adjoining property owner's property to get to that manhole, because they won't be able to get any equipment in there if that wall is closed off, so they will have to go through the subdivision and that would affect that adjacent property owner. So, it looks like he might be here to talk about that more with you guys. Something to keep in mind. De Weerd: Bill, is there a fence up in Sadie Creek? Parsons: Madam Mayor, when I -- when I read through the minutes it was always implied that this fencing would compliment the Sadie Creek project. However, I researched that file, looked at the approved landscaping plan for the preliminary plat -- keep in mind that plat's expired now, but that landscape plan did not depict fencing along that southern boundary, only a 30 foot landscape buffer and that's why Bienville Square installed a 30 foot landscape buffer to match that buffer with Sadie Creek. So, it was never a fencing -- as far as I can tell from the evidence in our file that that -- there was to be a wall adjacent to that boundary. So, now we are stuck with this wall that won't match the adjacent subdivision as well. De Weerd: Thank you. I'm song, sir. If you will, please, state your name and address for the record. Meridian City Council January 12, 2010 Page 37 of 54 Grant: I'm Steve Grant at 1534 Leslie Way, Meridian. De Weerd: Thank you. Grant: Madam Mayor, Council Members, just a few brief comments in support of what Ray has already said. It's been established that the -- the previous owners left a mess and with all these issues. I appreciate Mr. Zaremba's memory of those City Council -- or those Planning and Zoning Commission meetings where I believe you have stated correctly that that was the intent of the homeowners to have that decorative side and why they chose to do it the way they did I guess is anyone's guess, but, nonetheless, the current owners inherited that mess and with that -- with ownership goes the responsibility to correct that. Doing nothing for -- in terms landscaping that four foot area leaves us with the responsibility -- fiscal responsibility for that, which doesn't seem fair. I did meet with the folks from Idaho Mutual Trust and they offered to landscape -- at least the way I asked them to do it. I did not sign that agreement pending the outcome of this hearing, so I would hope that they still would -- you know, still have that on the table as we -- as we go forward. I don't know what -- what kind of compromises can be made in terms of, you know, whether or not just some of the property owners, if they don't want the wall and it's not visible from the street, maybe only do the ones that do want it and that would cut the cost down. That's just something that ought to be considered. Those are all my comments, unless there are any questions. De Weerd: Any questions, Council? Thank you. Grant: Certainly. De Weerd: Any further testimony? Yes, sir. Feeley: Hello, Mayor and Councilmen. De Weerd: Hi, there. Feeley: My name is Scott Feeley. I'm at 1470 North Leslie Way. And I happen to be the property owner where the hole in the fence is and it's about 20 feet in. The picture on the right I was noticing -- just to kind of give you an illustration of the situation that -- that I'm in. If you notice the picture, the fence before -- I mean it's like seven and a half feet by our property and to back fill to make that fence six foot, they ended up putting dirt and you can see the elevation here just by standing going through that hole on that fence, you can literally take your arm out like this and get into my backyard. In that fence right there that you do see is six feet. So, we feel kind of a little bit of a security issue from people coming into the commercial development, which there is already, you know, a certificate of occupancy, so there is people traveling all around there all the time now and I was approached by Ben and Dan via telephone, which I really do appreciate, trying to work this out. Recently it was a gate that they wanted to put in there and it was going to be -- and I didn't know, so they started talking to me and they had mentioned that, well, we are going to match what we have done in the rest of Meridian City Council January 12, 2010 Page 38 of 54 subdivision and that was going to be a wood gate. So, you're going to have this cinder block wall with a wood gate. And in my opinion I didn't think that was acceptable, so we were starting to talk and, then, they came back with a metal fence, which was a metal gate, and, really, what the materials were consisting of were a tin roof -- so, in my opinion, very flimsy, about 38 gauge with all the research that I did and I just felt that that was unacceptable, because I really do feel that that is a safety thing for my family and I, because I have two small children over there as well. And, then, as we are talking about this landscaping and so forth, being able to furnish landscaping for that four foot, I had also asked Dan at the time, you know, well, is there anything that you're going to do with the additional four feet and he goes, no, your landscaping allowance is that fence -- or the gate for that hole. There is that manhole cover that is there, but when they went to backfill all of the dirt, that is covered now, and I -- personal opinion, I think that was not designed correctly in the very beginning, which is an unfortunate inherent problem that they do have now, but I would like to see that fixed. And those are my comments tonight, so thank you. De Weerd: Thank you. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Sir, what kind of a gate and fence would satisfy you? Wrought iron? Feeley: I think a continuation of the fence -- Bird: Of the block? Feeley: Yeah. Of the block, cinder, all the way through. That would be very -- because from a safety -- continuing the same height, because where we are at if I get on our side of the fence -- I know there is different measurements throughout the whole -- we are right at about seven and a half feet on our side and so you would have at least to make it the same height. But I would prefer -- Bird: The block. Feeley: -- the block. Bird: Okay. Feeley: Because we do have the irrigation. We have, actually, got part of the irrigation canal that goes through a majority of our property as well, so there has to be some type of an easement I think for that. De Weerd: Well, can you put a permanent structure on an easement? Isn't that why that portion is open? Meridian City Council January 12, 2010 Page 39 of 54 Canning: Madam Mayor, Members of the Council, I'm not sure that -- as far as the building code goes or the easement goes that a wood fence would be any different than a concrete block wall. They are both technically structures. So, I'm guessing if they are protectors of the easement and they are okay with it, then, it may be their call. I mean the issue is if they ever need to get to it, they may need to replace the fence -- the block wall in that portion. Feeley: And where that manhole is is -- there was an issue when they originally were digging the canal, the original developers. They actually had to put an angle in, because the way that it comes at a 90 degree angle into our property and they actually made it -- I don't know, like a 45. So, that's why they put that manhole cover right there, they also put a culvert on our side of the property as well, which that water drains into. So, I would suggest if you'd be more than willing, I think, to come out there and I have seen some of the development, but I'd invite you to come out there to see what kind of an issue it is. Hoaglun: Madam Mayor? Mr. Feeley? Feeley: Yes. Hoaglun: Is that manhole cover on your property? Feeley: No. That is not. It is in the direct line of the fence. So, I mean if you were to draw a straight line, you would be building on top of the manhole, from my perspective. But, again, I'm not an engineer by any means, but just visually seeing, you would run right on top of it. Hoaglun: Okay. Feeley: So, I think it would either require that to be moved -- I don't know what the purpose of that is, because on my property there is a -- another culvert, so -- but I think it's where it just turns from -- from the -- from the weir out front it runs that -- you know, whatever thousand feet that is and, then, turns in. Bird: Madam Mayor? I -- man, I think we are getting into — stepping into -- into water district rules and regulations. That man cover I don't think we can put anything over it, can we? I mean I could understand -- and I don't know how big the -- the manhole cover is, but I could see we could put block up to it, but, then, you're going to have to have some kind of a wrought iron gate or something, so that they can get to that man cover, because that -- that's been put in there for a purpose. It's either got to be a cleanout or to be able to get to it. So, I think -- I think somebody needs to be talking to Settlers big time. Feeley: Well, these are just my comments and my concerns for my family, so thank you. Meridian City Council January 12, 2010 Page 40 of 54 De Weerd: Thank you. Nary: Madam Mayor? Madam Mayor, Members of the Council, I was reviewing some minutes -- and I don't know if this will be of any assistance to you, but in reviewing the minutes of March 14, 2006 -- and I think you all have stated it a number of times, that the wall was discussed a number of times, both at the Planning and Zoning Commission and in front of the City Council back in that time period, but -- and I understand the dilemma that you all face at the moment that you have a -- now a subsequent purchaser of his property, but the subsequent purchaser doesn't take anymore rights than what existed from the prior owner. So, at least from a -- from a legal standpoint what you have is the owner of the property -- and it doesn't really make any difference legally that it's a different person than was here before, asking for a modification to what was previously approved. In my opinion it would be a very stretched reading of these minutes to not believe the decorative part of this wall was supposed to be on the side facing the neighbors. It is discussed over and over again. But I'd point specifically on page 45 of the minutes, Mr. Haggett, who was one of the developers of this property, states very clearly a number of times their preference is to build a Trex wood composite product fence. They also had proposed a wrought iron fence. And both of those the neighbors were not in favor of. In fact, Mr. Haggett goes on to say that the type of fence we prefer is Trex wood composite, it's long life, long lasting fence with a 25 year warranty. He, then, goes on to say we prefer that in developing this area, but he says I -- excuse me -- I hope the Council -- we sent out a letter this morning that hopefully the Council got copies of that. You have and I have copies of that letter here. The letter was sent to Mr. Berg, who was the city clerk at the time. We are willing to commit to a masonry -- decorative masonry fence on that west property line if the Council deems that would be appropriate after hearing public testimony from the adjacent homeowners. We are trying to be good neighbors here, we are trying to develop what we think is a good project. He further goes on to say -- again, he's not supportive of a block wall, but he says: In any event, like I said, we are willing to do a decorative masonry fence if that's what the Council feels would be more appropriate for this part of the project. Every single person that testified believed that the decorative part was facing them. It wasn't -- I don't think you can read this in context -- and when the Council approved the project, they approved the project based all the comments that were made, as well as all the testimony that was presented, as well as all the reports that were put into the record. So, I believe your -- the current developer now, the bank, stated they have reviewed both the minutes of your meetings, as well as the final orders that were done. Again, it is my opinion it would be very difficult to believe that the decorative part of that wall was not supposed to be on the neighbor's side of it. So, if the owner of the property -- if Mr. Haggett was standing here today and hadn't constructed it properly and wanted relief from that, that's really the discussion for you. That's the decision point you have is do you grant relief for that now and the fact is the new -- the new property owner -- certainly is some consideration you could make, but the reality is they don't gain more rights just because they bought something that maybe wasn't done what was intended at the time. So, if that's of any help. But there is a number of other references, but that was the one clearly from Mr. Haggett of committing to the neighbors who had asked Meridian City Council January 12, 2010 Page 41 of 54 over and over for something other than what they proposed and the decorative part of it was supposed to be facing them. De Weerd: Thank you. Okay. Any further questions for staff, Council? Would the applicant like to -- or owner representative -- I don't know what to call you, because this really isn't an application. State your name and address for the record. Bureau: Thank you, Madam Mayor, Council. My name is Dan Bureau. I'm representing -- De Weerd: You want to pull that up. Bureau: -- Idaho Mutual Trust, the owner. 12594 West Explorer Drive, Boise, Idaho. De Weerd: Thank you. Bureau: My name got brought up a couple times, so I thought I'd just come up here and answer. I have been mainly responsible to speaking with the adjacent neighbors in trying to come to some sort of agreement with this dilemma. We decided to approach each neighbor individually, because we felt having a large quorum of people would end up with a shouting match of, you know, some past things that we were not involved in that we couldn't answer to. So, we decided to approach them and ask them what they wanted and what we could do to help them out as their neighbor. The furthest south neighbor just wanted her -- the wrought iron fence to be tied into the block wall, so that nobody could walk through that. We obliged and did that. Mr. Snodgrass preferred a monetary allowance for the work that he did and also be allowed to utilize the property, as well as apply a topical treatment to the wall if he so chooses, with the agreement that he was to maintain that treatment. Mr. Feeley, in speaking with him, wanted something done with the gap in the wall. Again, it's been noted that there is an easement in place that specifically prohibits building any fence or structure over that and we were, obviously, not wanting to take on the liability of building anything on there without going through the proper channels of redrafting the recorded agreement, which at the time they did not want to go through that process, they wanted to just simply issue a letter from the president of the lateral granting permission to build something on that. We weren't comfortable with that from a legal standpoint to just have a letter from the president, so we offered to, first, build a cedar fence, clean fence that could lock. Mr. Feeley was not happy with the security of that, so we -- he also requested that it would be full privacy, like the rest of the fence. We offered a steel panel fence and the reason we cannot build it to the quality that he wants is that's a large gap and you cannot put any posts in the middle there, because there is a manhole. So, it has to be relatively light weight of material to -- for the wall to be able to withstand the post on end. So, we had a fence company design a custom made fence that was full secured with lock, it was made with steel material, excuse me, and from our standpoint provided security from anybody crossing through that, but also provided the swinging mechanism that would allow anybody to access that manhole without tearing down a fence or existing structure. That did cost quit a bit of money to put in and we were willing to do that. He Meridian City Council January 12, 2010 Page 42 of 54 did not like the design element of it, nor did he prefer, again, the -- the minor -- he wanted something more substantial. We chose to put that negotiation on hold until this meeting. Mr. Morrisette has signed off with us and is -- he is the adjacent neighbor to Mr. Feeley. He was satisfied with the wall, with the height, and, basically, wanted to move on. Mr. Tomczak we did meet with. He also discussed the topical treatment to the wall, but also requested significant amount of money to be put into his landscaping, including sprinklers, a number of shrubs, trees, grass, and it just really felt like we were being held hostage of something that we weren't really responsible for from the beginning, which is the number of years that Ray had dealt with the prior developer and the amount of money that it took to satisfy that landscaping need exceeded what we felt was fair. We are also worried that applying topical treatment. Again, the neighbors have expressed that they don't want to mismatch the wall. Essentially, a rainbow wall between every neighbor. We are also worried that the maintenance issue -- the four feet there is there to maintain the wall, if someone needs to go onto the property to maintain the wall, if there is a crack, we don't want to have to go through the owner's property to be able to do that. If there is a topical treatment applied and that homeowner agrees to take care of it, that's great for the three, four, five years that that owner owns that's property. If he sells it we are, then, left with, again, a maintenance issue for the future homeowners of Bienville Square Subdivision, so that's the main reason we have tried to stay away from topical treatment, is the future maintenance questions that we are here, we cannot answer those or we don't want to speak on behalf of the future homeowners that will have to enter that property, fix cracks, fix -- you know, reapply topical treatments, but -- and, finally, Mr. Grant also asked for some decorative rock that matched the other rock on his property. We agreed to do some fine grading, compact the soil, install the rock per -- per his specifications. He was satisfied with that and he just wanted to wait as a good neighbor until the rest of his neighbors were satisfied. So, we are really left with a gap in a wall that -- I'm not sure how to fix that. It's -- it's an easement with a recorded document in place that really prohibits the one solution that the neighbor wants, along with Mr. Tomczak, which we would still like to sit down and talk with -- to figure something out with him that does not cause future problems for the homeowners, as well as feel like the cost is an absorbent amount to what we feel is fair, so -- De Weerd: Council, questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Dan, you know, I feel -- I feel sorry for Idaho Mutual Trust getting in on this like they did and I don't know how you got here, whether you were financing them and had to repo it or what the deal was, how you got involved in it, but -- but in my opinion when you -- when you step forward as a developer you got exactly what had been approved and I realize it don't say that we wanted the decorative fence and we wanted this and that -- I mean it -- it was there. The wall I understand was up when you guys took it over and I -- I feel for you. But in the same token these neighbors set here, come to Meridian City Council January 12, 2010 Page 43 of 54 hearings, and thought something was -- I wish they -- I wish they would have come forward to our staff when this wall was put in wrong to start with. That's -- I mean we are kind of way down the road from when this should have been brought up. This hole in the wall has got to be worked out between you and the landowner on the other side and the irrigation people. I don't know if anybody has talked to Settlers. We got -- you know, irrigation laws go ahead of any other law there is in the state of Idaho it seems like, so something has to be done. And I feel for you guys for having to do this, but you took something on, whether you wanted to or not -- had to and these homeowners expect to get what they thought was approved. And, like I say, they should have come sooner, so -- and I feel for both -- both parties. I really do. But something's got to be worked out. I can understand why the gentleman wants security. He don't want a 20 foot hole left open there into some dark commercial development or something there to come into his backyard. We got to work something out and I -- and I feel for you and I feel for the neighbors. Definitely do. Bureau: Well, thank you, Mr. Bird, and I completely agree with you. The gap in the wall I think -- you know, the direction that both parties have taken with some sort of gate -- swinging gate is the appropriate direction to head in. Really, then, it just comes down to what it looks like and we can continue to work on that. Again, we are limited to the type of material and the weight of the gate, as long as the neighbor is aware of that and understanding to that fact. We can design it however they want it to look. I actually asked Mr. Feeley to -- to come up with some designs that he felt would be -- would be decent and that was towards the end of our negotiating, so I did not see that. But we would be open to look at that. And as far as Mr. Tomzak's request for some sort of treatment to the wall, whether it be stain or topical treatment of some sort, we are open to that, it's just the issue of the maintenance and if we can iron out some sort of agreement that will stay in place beyond his ownership and beyond our ownership, that that -- that maintenance will be the responsibility of the party that is enjoying the benefit of it, then, we would be agreeable to that as well. As far as the other property owners that have signed off, they really felt that -- that they are satisfied, they don't want us on their property, they would like to just use the property for themselves, do with the wall that they would like to do, and so we would ask that those agreements be honored and remain in place. De Weerd: Any other questions or comments? Hoaglun: Madam Mayor? A question, Dan. So, what you would like -- whatever action we come up with, those portions of the wall where you have already signed off for -- or the resident has signed off agreement, you consider that to be done and then -- so, we are just dealing with the folks who still have some disagreement with what they want to see done or what you're proposing in trying to resolve that, is that -- am I understanding that correctly? Bureau: Yeah. I guess to back up a little bit, our understanding is that all the neighbors are happy with the height. They like the fact that it's bigger than it was. So, we'd ask that you would allow for the -- my measurement when I was out there from the bottom of Meridian City Council January 12, 2010 Page 44 of 54 the ground, which I understand is a berm, but I just measured from the grass to the top, was six foot six inches. So, we'd ask for you to allow for the height to remain the same, that whatever treatment is done to the wall is purely on the face of the wall, not necessarily a capstone, because it is designed with a rounded top, tearing off a layer is not only manually challenging, but also may damage the integrity of the wall. So, with the remaining neighbors what we'd ask is -- like with Mr. Tomczak, that his request be a design that -- that changes the face of the wall, rather than doing a top that would be appearable to the rest of the neighbors who don't want anything done to the wall. Hoaglun: If I might inquire further. Did you -- do you have any estimate of a topical treatment, what that would cost? Bureau: Well, it depends on the treatment at hand. If it's a stain it's one cost, if it's a stucco type it's another. So, we -- we have looked at some avenues, but always kind of got caught up with that -- you know, how does this wall -- how is this cinder block wall going to adhere to the treatment, what type of treatment is even appropriate for it, those type of things we are not really sure. We don't want to just spray it with a layer and, then, have it all just start flaking off, even if it looks good for the first year. So, that's some items that need to be researched and looked into. And we are willing to do that. Again, it's -- again, just -- we are only going to own this property for another two years, hopefully, as far as the residential portion. We hope to be able to build houses and sell them out. We really want to protect the homeowners that are going to take this over in the HOA that is going to be responsible for that wall. So, that's -- we have multiple people in mind when -- when negotiating these type of things, so -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, it sounds like you need a couple of things that you may not be able to have all of that tonight, because it sounds to me like you're going to need some resolution to the issue of the opening in the fence and whether or not there is an issue with the irrigation district or how you're going to -- either close that off or not close it off or have some finality. If -- if part of the desire of the applicant here is to at least close off the -- at least three property owners that have agreed to whatever resolution they have, the city doesn't have that as part of the record, so you're probably going to want some proof of that to make that part of your record if you're going to do that. If they need a maintenance easement, which they would likely record, so that future homeowners, both the HOA on the Bienville side, as well as the property owners on the other side, have some satisfaction there is a continuing maintenance easement that's allowed, so they can continue to maintain whatever treatment they come up with for the wall for those property owners that aren't resolved yet, that's probably something that you would put in your directive, but, again, you may want to see that before you finalize your decision. And, then, second -- and, lastly, you probably -- because you have had a number of different discussions between the property owners and the adjacent neighbors and the Council on what -- exactly what Meridian City Council January 12, 2010 Page 45 of 54 treatment is appropriate, it appears from the testimony that the stumbling block at the moment has been whether or not topical treatment of any sort was necessary, whether it's sand blasting, the stucco, something else, and at this point the discussion has sort of stalled on whether or not anything like that is going to be done. If the desire of this Council is that that be further explored, so you have some finality what you direct, if you're going to grant this modification, you may, again, want them to have that discussion outside of this hearing process, so that you have some finality on what the parties can agree to. Three people have already agreed to something, you have three people left that haven't agreed to something yet, and the stumbling block may or may not have been overcome by your -- by the testimony for tonight. If it has, then, you may want to continue this, get all of those pieces, so that we can make it clear that the property owners that have agreed to such are resolved, the property owners that are remaining can resolve their issues hopefully with -- with the bank without you folks having to dictate what color, what shape, what texture, things that usually you don't do and that there is the easements in place that are necessary and the issue of the irrigation district is done. So, those are things you might want to consider in trying to get this resolved. I know there is more testimony from the applicant, but those are the things I was saying that you may want to put your -- put your mind set around in going forward with this, so -- De Weerd: Thank you. Any other questions from Council? Comments from the applicant? Bureau: Yeah. The last, I guess, request I have is that since most of the items in question either have to do with the back side of the wall or -- or the -- the spacing that does not have a wall, that there is going to need to be some time and effort spent to come to some sort of agreement on that. What we do have outstanding is the -- again, the occupancy for the subdivision. We have four homes that are nearing completion, we have a home that's going to be introduced in the Parade of Homes that we would like to be able to have part of that. So, the bigger picture is we have this occupancy issue that we -- we would request that the occupancy be granted for the subdivision and that some sort of agreement needs to be made on the side that a good faith effort is going to be made with the neighbors to resolved these issues, we are more than willing to do that. However, holding up the -- a 12 million dollar project over some items that are really out of our control, is just going to cost a lot of money and possibly damage the community further than what it's already been damaged. So, we would ask that there be some sort of consideration made with the occupancy of the homes, as well as future homes while we work out these issues with the neighbors. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Dan, I -- you got -- you say you got one home there that's going to be in the Parade of Homes -- when is the Parade of Homes? Meridian City Council January 12, 2010 Page 46 of 54 Bureau: Well, we have four homes currently under construction. The Parade of Homes house will begin construction scheduled beginning in February and it is -- Bird: It's scheduled to be done or -- Bureau: Begin construction. The Parade of Homes is actually in April. Bird: I was just going to say, I thought it was -- Bureau: May. Bird: Unless they have changed in the six years I have been retired -- it was always in April or May. Bureau: Yeah. It's in May. Bird: And -- and we -- we are not holding up any building permits? Bureau: Correct. Bird: What we are holding up is occupancy. Bureau: Yeah. The ability to sell the home. Bird: And you say -- when are you going to be ready to get occupancy for the first house? Bureau: Beginning of February. Bird: Okay. That gives you a month to work out these items. I agree a hundred percent with our attorney. I -- what we approve right -- if we was to approve this tonight, all we would do is make some money for a lot of attorneys and in the first place I don't want to leave something for homeowners to inherit. I don't want some -- I don't want the existing neighbors to have to live with something that they didn't think they would. I think you can work it out. I think you got a month before you need the occupancy, your construction is going on, as I understand. You got -- you got the wall application. And you got the closure. You need to get with Settlers to find out what you can do over that man cover and you got a month to do it. I would -- personally I would approve one occupancy for your Parade of Homes if this isn't settled out. I would not vote to approve, as it stands now, anymore occupancies until this thing is settled and settled finally -- final that is good for everybody concerned, yourselves and the existing neighbors and the people that will be buying the property. I don't want them to get a headache, too. Bureau: I appreciate your comment. Meridian City Council January 12, 2010 Page 47 of 54 Bird: Thank you. Bureau: I guess if -- if the Council would -- to specify the -- the items to be discussed or -- I'd like to propose the items which would be the wall itself, the four feet that -- or between the wall and the property owner's property and that's it. And as well as the gate -- the opening. The reasons most of the talks stalled with Mr. Tomczak is it included much more landscaping that was not within that portion, as well as plants and shrubs that we don't feel we are necessarily responsible for. He's more than welcome to put the trees and shrubs in if he'd like, but we don't want to pay for trees and shrubs. So, I -- that's kind of the one area I'm worried about getting hung up on again is what we are responsible to put in that four feet, whether it's grading and the gravel, which is what was outlined in Mr. Parsons' staff report, which we are willing to do, grade it, compact it, and put a finish gravel and maintain the weeds. If that's -- if that's what everybody agrees upon, we can definitely work out the wall issue. I think that's not an issue. It's the additional money and labor to landscape and irrigate Mr. Tomzak's backyard that we got hung up on. De Weerd: I think staff has mentioned that that would have been acceptable regardless, that that would be the requirement. The wall has to be decorative, so -- and I think that's probably what you need to work with with those that have not signed an agreement on what is acceptable. So, if they don't want you on their property for the rock and the maintenance, then, that's an agreement that you work out with them. I don't think that's anything the city wants to get in the middle of. But what you do have a requirement for is to rock it -- or to grade it, rock it, which is finish it off and, then, to maintain it. So, on the fence, to help with the weight, certainly you need to get permission with the irrigation district, but can you put another panel to take the size of each of those gates, minimize them so they are not so heavy, so you can consider other options, I guess, would be another option to talk about. But that certainly, again, is between you and the property owner you affect and what the irrigation district would allow. But I think Mr. Nary did say we should know what is being agreed on, so that can be written into the findings or into the agreement, so it can go back on, looked up if there is questions in the future. Bureau: Okay. De Weerd: Any other comments from Council? Zaremba: I was just looking ahead. Would we want to move this to like February 2nd? The February 9th meeting is a workshop. Bird: That would be fine with me. De Weerd: Yeah. Council, I guess, Council and -- Zaremba: It isn't quite the month that Councilman Bird was saying, it's like three weeks, but -- Meridian City Council January 12, 2010 Page 48 of 54 Bird: Yeah. De Weerd: Would it be something that -- for you and the neighbors to discuss -- you have three weeks to bring at least a status report back. Council can look at what the status is, what the advancement of the discussions, and we can talk about the occupancies at that time. Bureau: That would be acceptable. De Weerd: Is that -- Council, so continuing this until February 2nd? Bird: Madam Mayor? With that I would move that we continue MFP 09-003 until February 2nd, 2010. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to continue this item until February 2nd. All those in favor say aye. All ayes. Motion carried. Thank you all for your time. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Public Hearing: CPA 09-006 by City of Meridian Planning Department: Request to Amend the Text of the Meridian Design Manual to Edit Clerical Errors and Add Text Defining the "Downtown Core" and Clarifying Compliance with Unified Development Code (UDC) Standards for Meridian Design Manual Text Amendment De Weerd: Item 11-C, CPA 09-006, is a public hearing. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The request before you is a Comprehensive Plan text amendment. It's actually for the design -- Meridian design manual that you had proved in 2009. That new design -- as I mentioned, that new design review process went into effect in 2009. Since then, with the exception of that document, staff has found several clerical errors that need to be cleaned up and that's what we are proposing in this. The other added verbiage that we are proposing to -- to place in the document is to, basically, describe the downtown core area of the Meridian -- of Meridian and also add some language that clarifies that the manual is to be used in conjunction with the parking requirements of the UDC. Staff felt that these changes were necessary to facilitate -- to better facilitate the design manual and give future developers and property owners a clear vision of how they are to use the manual in conjunction with the UDC. The Planning and Zoning Commission recommended approval at their December 17th hearing. Planning Department is in favor of the project. Staff did not receive any written testimony or comment on the application and Meridian City Council January 12, 2010 Page 49 of 54 Commission did not recommend any changes to the documentation -- to the document. And with that I'd stand for any questions Council may have. De Weerd: Thank you. Council, any questions? I have no questions. This is a public hearing. Is there anyone who would like to offer public testimony on this item? Council, seeing no public testimony and if you have no questions for staff, I would entertain a motion to close this public hearing. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on CPA 09-006. Hoaglun: Second. De Weerd: I have a motion and a second to close this item. All those in favor say aye. All ayes. Motion carnes. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve CPA 09-006. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 11-C. If there is no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carnes. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Ordinances. A. Ordinance No. : An Ordinance Amending Title 11 of the Meridian City Code Regarding Zoning and Subdivision Regulations Codified at Title 11, Entitled The Unified Development Code, of the Meridian City Code Meridian City Council January 12, 2010 Page 50 of 54 De Weerd: Item 12 is an ordinance proposed as 10 dash -- oh, wow. It's ten. Can you believe that? 1439. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 10-1439, an ordinance amending Title 11 of the Meridian City Code regarding zoning and subdivision regulations, codified at Title 11, entitled the Unified Development Code of the Meridian City Code and providing for a waiver of the reading rule and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Thank you. I see none. Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinance 10-149 -- or 139. I'm song. With suspension of rules. De Weerd: It's 1439. Bird: 1439. De Weerd: Thank you. Zaremba: Second. De Weerd: It's been moved and seconded. Any discussion? Hearing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: Other Items. A. Executive Session as per Idaho State Code 67-2345 (1)(f) - To Consider and Advise its Legal Representatives in Pending Litigation (c) - To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property; Which is Not Owned by a Public Agency De Weerd: Item 13 is an Executive Session per Idaho State Code 67-2345(1)(f) and (c). Meridian City Council January 12, 2010 Page 51 of 54 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c), (1)(f). Zaremba: Second. De Weerd: May I have roll call, please. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: (9:39 p.m. to 10:13 p.m.) De Weerd: I need a motion to come out of Executive Session. Bird: So moved. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Motion to Amend Agenda to add Purchase of land for Future Meridian Well Site. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would move that we amend tonight's agenda to add an item regarding the purchase of land for a future Meridian well site. I'm not understanding why that's two different motions. Nary: One is an amendment to the agreement -- contract amendment to our agreement with Mr. Ownby. Zaremba: Okay. Nary: And, then, the other is a real estate purchase -- by and sell agreement to purchase real estate. So, it's two different agreements. Meridian City Council January 12, 2010 Page 52 of 54 Zaremba: Okay. If Mr. Nary's voice got on the recorder, I will say those are the two agreements that we need to deal with. Bird: Second. De Weerd: I have a motion and a second. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Motion to Approve Amendment to Real Estate Agreement with Dale Ownby. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I first move that we approve a contract amendment with Ownby and Company and this one does not have a cost, it's just a change in the contract. Hoaglun: Second. De Weerd: I have a motion and a second. Any discussion? Nary: Madam Mayor, Members of the Council, it's an extension of his current agreement. Bird: I was going to say, it's the length, isn't it? Nary: Yes. De Weerd: Yeah. It's just a time extension. Nary: Yes. Zaremba: Okay. De Weerd: Okay. I will ask Madam Clerk to, please, call the roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Motion to Approve Purchase of Real Estate Land Handled by Dale Ownby. Meridian City Council January 12, 2010 Page 53 of 54 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve the purchase of specific real estate handled through Dale Ownby in the amount of 160,000 dollars and out of that approve the issuance of the first 10,000 dollars as earnest money tomorrow and for the Mayor to sign any necessary documents and the Clerk to attest. Hoaglun: Second. De Weerd: Thank you. I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carred. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Council, we are at the end of our agenda and we have a fading Council Member. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before I make my motion to adjourn, I want to thank you and your office and particularly Shelley for putting on the reception in Brad and my self's honor tonight. Highly appreciated. Thank you very much. And relay that to your staff. De Weerd: She's very good at spending other people's money -- Bird: You bet. De Weerd: -- and that was yours. Bird: With that I move we adjourn. Hoaglun: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:16 P.M. Meridian City Council January 12, 2010 Page 54 of 54 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) I i2b/2olo MAYO_'�IVIMY De WEERD DATE APPROVED of �y EST: �CrFo JAYCEE3Z. HOLMAN, CITY CLERK REAL = Ncr :�-9O �T 1ST • ��� '''rrrrtrrrnr n►���``���\ Changes to the Agenda: DECEIVED JAN 12 2010 Item: 11.A — Queenland Acres (MDA -09-004) CITY OF C4f Q.!! Location: Southeast corner of W. Overland Road & Stoddard Road. CITY CLERKS OFFICE Application: Development Agreement Modification Highlights of the Requested Amendments: ➢ Allowance for parking in front of the two building pads along Overland Road at the northeast comer of the site; current DA prohibits parking between the structures & Overland Road in this area. ➢ Allowance for the multi -use pathway to be constructed in two phase's w/development of Parcels 1 & 3 & for the width to be reduced from 10' to 8'. The current DA requires the pathway to be constructed before the first Certificate of Occupancy is issued for the entire site. ➢ Exclusion of Parcels 1 & 2 from the requirement for buildings within this development to be limited in size to 15 % over or under the sizes shown on the concept plan (except for the largest building pad). ➢ Change to the fencing material along the southern property boundary from 6' tall concrete wall to an 8' tall white vinyl fence. ➢ Modification to the concept plan to remove the bump -out and tree, and stop & yield signs in the perimeter buffer along the south property boundary. ➢ Amendments to the text contained in Section 6 pertaining to Compliance/Consent to Rezone, & Section 14 pertaining to Certificate of Occupancy, in order to clarify the intent of these sections. ➢ Inclusion of the amended Record of Survey for this property ➢ Inclusion of the revised conceptual development plan Recommendation: Staff is in agreement with the applicant's requested changes to the DA as detailed in Exhibit A of the staff report. Item: 11.11— Bienville Square (MFP-09-003) Location: West side of Eagle Road; South of Ustick Road Application: A final plat modification to amend the design of the 6 -foot decorative masonry wall along the western boundary approved with the Bienville Square Subdivision final plat. Highlights of the Proposed Development: The Bienville Square Subdivision was approved by Council in 2006 for a mixed use development. During the approval process, the perimeter fencing along the adjoining properties was a topic of discussion. The plat and landscape plan were approved with a decorative masonry wall on the west boundary. The approved wall detail depicts split faced masonry block, a single course of smooth faced masonry block, raised pilasters and a finished cap stone. Nothing in the DA, the Council minutes, or the conditions of approval specify which side the decorative features were to be located. Currently the wall constructed on the site is not consistent with the approved masonry wall detail. The existing wall is constructed of split faced masonry block with a single course of smooth faced masonry block along the top and bottom of the wall with a mortar cap. The pilasters and cap stone are missing from the wall. The back side of the wall which faces the adjacent residential properties provides no decorative elements and is entirely smooth faced block. The original developer constructed the masonry wall. That developer was unable to retain ownership of the plat and the applicant has regained ownership. Since regaining ownership of the property, all subdivision improvements have been completed and all other fencing is constructed per the approved landscape plan. The applicant is now seeking subdivision sign -off and occupancy which is contingent on the outcome of the subject application. In summary, Staff believes the wall is constructed with the approved building materials but lacks the decorative detail (pilasters and cap stone) approved with the final plat landscape plan. Staff is recommending approval of the existing wall with the addition of a decorative cap. Outstanding Issue(s) for City Council: ■ The height of the existing wall and the addition of the decorative cap. Written Testimony since P&Z Meeting: Staff received written comments from Ray Tomzak, an affected property owner and the applicant, Idaho Mutual Trust. Notes: Item: 11.0 — Design Manual CPA Text Amendment (CPA-09-006) Location: City wide. Application: Comprehensive Plan Text Amendment Highlights of the Request: In February 2009, the new design review process went into effect city-wide. Since its inception, Staff has identified several clerical errors that need to be corrected. In addition, Staff is recommending additional verbiage be added to the Manual that 1) defines the Urban "Downtown Core" boundary and 2) further clarifies the guidelines contained in the Meridian Design Manual are to be used in conjunction with the Unified Development Code (UDC). Staff believes the proposed changes to the Meridian Design Manual are necessary to eliminate any possible confusion between the UDC standards and the design guidelines and further improve the facilitation of the design review process. Commission Recommendation: Approval at their December 17, 2009 public hearing. Summary of Commission Public Hearing: i. In favor: Planning Department ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. None Key Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i None Written Testimony since P&Z Meeting: None Notes: • • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. 5A REQUEST December 15, 2009 City Council Workshop 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 City of Meridian. • • • MERIDIAN CITY COUNCIL MEETING APPLICANT January 12, 2010 ITEM NO. SB REQUEST December 22, 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: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. SC REQUEST Acceptance Agreement with Zella Bardsley for a Display of Artwork in Initial Point Gallery AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement') is made this 16th day of December, 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City'), and Zella Bardsley, an individual person whose address is 4621 Patton Place, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.'I WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery'); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal'), for the display of artwork in Initial Point Gallery; WHEREAS, on February 9, 2009, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on February 10, 2009, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on December 31, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately twenty (20) mixed metal wall art pieces and approximately four (4) standing sculptures, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging and installation of such artwork on December 31, 2009 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from December 31, 2009 to January 29, 2010 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on January 29, 2010, at 9:00 a.m., or at such time ACCEPTANCE AGREEmmT INITIAL POINT GALLERY DisPLAY PAGE 1 of 6 and date as is mutually agreed-upon by the Artist and the Gallery Curator. 0 H. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display her artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any artwork on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. M.TmE of PERFoRMmm Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. M INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INr AL PomT GALLERY DisPLAY PAGE 2 of 6 V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof; provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. aE. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER. AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, her servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT INmAL PoiNT GA[ I,ERY DISPLAY PAGE 3 of 6 s B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERmwAnom A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL Pony GALLERY DISPLAY PAGE 4 of 6 • VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire Agreement This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require her artistic talent or expertise. Artist may subcontract or assign obligations that do not require her artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT IN TLu POINT GALLERY DISPLAY PAGE 5 Of 6 Artist: Gallery Curator: C,_it�: Zella Bardsley Dwight Williams Emily Kane, Deputy City Attorney 4621 Patton Place Meridian Arts Commission City of Meridian Boise, Idaho 83704 33 E. Broadway Ave. 33 E. Broadway Ave. (208) 378-1464 Meridian, Idaho 83642 Meridian, Idaho 83642 zellabardsley@cableone.net (208) 887-6473 (208) 898-5506 dwight5332@q.com ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. � IN SS WHEREOF, the parties hereto have executed this Agreement on the A day of r-2009. STATE OF IDAHO ) ss: County of _ ) I HEREBY CERTIFY that on this L day of QeU M P 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared Zella Bardsley, known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I havehset my hand and affixed my official seal, the day and year in this certificate first above written. CITY OF MERIDIAN: Notary he f11ho AA rn Residing at q�Idaho My Commission Expires: 1 '3 • • 205 5 uu111+111,f" ��i BY: pF ii14ERj Tammy de d, Mayor �► y rF , o Attest: _ Ems' Jaycee H City Clerk OF cUS O r191, JR ICEANCEPoimDNIG AGREEMENT �n►n n��� PAGE 6 of 6 • Exhibit A • • Meridian Commission Ca[! for Artists: 2009 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2009 Initial Point Gallery Series, a series of two-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. ' Broadway, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space -60 feet on either side of a generous space; featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20% of proceeds from works sold due to their display in Initial Point Gallery. ELIGIBILITY: The 2009 Initial Point Gallery Series is to be comprised solely of professional -quality, ready -to -hang, two-dimensional, original art that is conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper and/or with mats must be under glass or acrylic. No piece will be displayed which: cannot be safely hung using the gallery's system; requires unusual maintenance, handling, or security; or is disruptive. or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements; selected artists or organizations will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2009 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. Completed, signed Application & Acknowledgements form; Biography of the artist or informational statement regarding organization; • Letter of Intent; • Up to five digital images representational of the artist/organization's work, on a CD; and • $35 gallery maintenance fee. Details and forms are available at the City's website, http://www.merldianctty.org or by e-mail request to macomerldiancity.org. Materials submitted for consideration cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, February 6, 2004. SELECTION PROCESS: The selection of art for the 2009 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or organization that their work has been chosen for display in Initial Point Gallery by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government -workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; • Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2009 Initial Point Gallery Series 33 East Broadway Meridian ID 83642 By e-mail: mac@merldiancity.org C Exhibit B P -j • !.lop'W7 141�T- Meridian Commission Application It Ackwwtedgments: 2009 INITIAL POINT GALLERY SERIES AI T15T/ORGMM CONTACT WOR"MON: Check one: W I am submitting this form as an individual artist. 01 am this form on behalf of an organiwtion. Artlst/Org. Name: Z5LCAAdo, ,SG�e� Organizer name: E mail address: Mailing Address: i o /D 557OW Physical Address: IAOVM Phone numbers: pay: 32roalWalf Evening Cell: • APPLICATION. Check one: OVE�/we propose to fill one half of Initial Point Gallery with artwork. 0 I/we propose to fill the entire initial Point Gallery with artxrk. Number of pieces: o Average size of pieces: e'��f7t.Z.' ir+eiu' 21µ-5' itch-- sfwAm fsr�e APPLICAWN MATERIALS: 0 Completed, signed Application Bt Acknowiedgements Form O Biography of artist or informational statement regarding organtmtion, no longer than one VA x 11" page, O A letter of intent, describing: a. Artist/Organizatton's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artlst/Organization plans to undertake if sslec 34 and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. O Up to five digital images representationat of the 11 M1 work on a CD, r satutfOn of 300 dpi at a minknum size of 5x7", in . jpg format. Please name each image file with artist last name or arga dm tion name and the title of the work (e.g.: name.titte jpg). Materials submitted will not be returned. Damaged or nor-cmnpliant CDs and/or images will not be considered. Images will not be accepted via e-mail. ❑ $35 gallery maintenance fee, check made payable to the Meridian Arts Conmissior. This fee is nonrefundable. HANGING 1NFORMA now Initial Point Gallery Is equipped with a track system for hanging end ibits. Artwork dfsplayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. Wires or eyehooks mayrpt be used for hanging, and clip frames are not allowed. ♦ ......... pi.... ... PIMM HWvhV WRh one Caere Pk1M Hangtag WM TWO Cobras Ze11a Bardsley ,vast m s�lpnael Mea amu, aQd tv�ea t+ �wz� » t m trema: z�a�•tstrt; e� My wed in mixed metals b joyfgl and celebratory in theme W iateutis to convey that life is meant to be an advent ue, $lied with the various emodin we we gittd with. Myweals is completed with anoxygen/ . �- acetylenetorck plasma torch and AGO welder. My cement work hicospozates mixed medals, performed metals, stoneware and glass for more tare and dimension. I gaudy show my work at 12 Pacific Northwest Galleries inctu Art Source Gallery, IDIS Main Sheet in Bow and AMfe RockArt Museum, Idaho Falls, Idaho. I have pared in numerous art festivals and shows inohuftthe I= Springs Pastival gfdseArts in Hapronw, Art and Roses at Julia Davis Pads is Boise, the Celebration ofWomea In the Arts at Hannda- Art in the Pot Julia Davis Pads, Boise, the Treasure dalleyJWWArt Exhibit atBSU, the Women's Hafty MonthJwWArtEarhibitat 18U, Lewis & ChwkJwWArt I'Ait in Lewiston, the Potter's Guild JWed Art.Exc dW and Art in thePark IbmwatkinpmmnmtwffccdmattwNmYmdbg&AWOf Art in Topes, Taiwan and the Taman Museum ofArt (Globdl Art Pn#ecO I have also been Bred atthe BSU StudentUrdon Gallery in a show entified, "Legends In Steel'; September, 2001, solo exhibition in 7001 at Art Sourer, Gallery titled; "P►ravokft Pandvrd", and a solo aoshiMoninSeptember of 2003 at the Transkion Gallery at Idaho State University 04 "Sublimely Steal". Solo exhibition at Art Source Gatleyy, November, 2003: "Taking Plight', and Moscow Alts Commission Steel Show, OckdW6 November 2003. Group exhibition at Eagle Rock Art Museum, Tevin Falls„ Jannaay 2004: "Beat Lbut Straight Curve A Featured exhibition on Metal Quilts at Art Source GaIlmy, Moth 2007. My work is In private collection throughout the United Std. Canada, Barope and Taiwan, m Bois State University's permanent collection, and on permanent display atd o Ada County Courthouse. I have obdw several art exhibits, including 2USpb* epsdwLyewk A Cetebradon wApt Rhythm and Douce, February 2000, fended by ECAC, was the visual atts chair lbr the Cdebrddm 4f Women In the Arty November 1998-2005, c000rdinated at for Women's Histaq Month eld0b ibr woman's Night, . March 1998-9, cried wamerr in, Bring Idaho women wing in steel, huded by Boise City Ates Commission and consistently serve as the 'oral placement coordinator for Ast Source Gallery, 1998-2007. Ihave directed the PirstO#mghSeve&Annua1Jw*dArtFrhibitiormfor Art Source Gallery, 2002-5 and "Waren Making Waiw", Women's History MouthEx>ribidon funded by BCAC, March 2004. We Art Women 2007-200, HAw Simplot Academy. I am also the hatured stoat at An Source GaUery for the month ofFakoary2009, and at the Piccolo Gallery in tido Falls for April.2009. I bave been honored with the "Woman. Malang Hiatoorr award, accts eftemy, Boise, State Univmsity Women's Centra, Feb. 2004 and am twice a past president of Art Source O811M.1015 Main, Boise, ID I was featured on HOTTs, "That's Clever", January 2007. &UkArt � "Shield ofJ : Commissioned by Idaho State Bar Ass, parowment displey-.at Ada County Courthous% Boise, ID. - a - "Flags Over Idaho": Commissioned by Idaho State Bar Assn, permanent display at Ada County Courthouse, Boise, ID. niey'm All Our Children": Commisslioned by CenierofPeaM pezazanewt display. "L": Commissioned by Boise State University Women's Canter, Bos^ ID, permanent display. " r.It W: Commissioned by the Idaho State Bar Assn, perneneut display at Ada County Courthouse, Boise, ID. "Sword and Stone": Comwbsioned by*eMeridian Schol Dbhick p oomrtymd installation, MIMS. CmW: CommissionedbythoMmidlen School Distirint, ParmanGAIDECIforbOdWIM MUMS. 'w - "Hiroshima: Now Again'': Joint wiihLuny Hyatt displayed at Snake R1wAlliance Headquarters. "World Mother": pmt mon, fid, Bola Unitarian Church. "Porthole": p4nnaoffiltwetallatim. Boise Utdtatian Church. Is "Stalactites-: 2006-2007 mon, Payetto Greenbeft, MoCW% ID. • 1-7-W TO: Meridian Arta Copunission Attn: 2009 Initial Point Wary Series 33 E. Broadway Meridian, ID 83642 FR: Zella Bardsley 4621 Patton Place Boise, ID 83704 208-379-1464 zellabazdslexCalcableone.net RE: Letter of Intent 2009 Initial Point Gallery Series Greetings; Please find attached my application materials and image CD and my figmtt of exhibiting artwork during your 2009 series. Whenever approaching a featured exhibition it is my intent to cook a cohesive body of work in a new direction. I enjoy this challenge as it gives me a deadline to create in a specific genre as well as a concrete ren to complete the work in a timely fashion. While I constantly have work on display in a number of galleries, creating a featured show in a new venue gives the added incentive of a new audience, and the of what I would hike that audience to experience and r what I feel may move them in some way. As a Boise native and current reddart and a former Meridian resident, I have seen amadng changes in the city of Meridian over my lifetime, and am so pleased to see the unique arts community bmiding there. While Meridian is obviously linked with Mise and Eagle, it is growing into its own distinctive flavor. That is quite satisfying to me and I hope to add to the apic% My work in this exbibition will be created of Mated Metals and Mixed Media, and while primarily wall - hanging, I would tike to add 4-5 large free-standing sculptural pietas as well. (Which I can certainly place as they will be a bit heavy). I would tbink the total number of pieces would be between 25-30. The size ofthe wall pieces will range from 10" x 10" to 48"x 48", most being in the smaller to midrange. The price range ofthe work will be $65- = $600. I, as a full -tune asst, always take the opporwity to promote my exhibitions, and realize the importance of this to my business. As the publicity dhaiiperson for Art Source Gallery in Boise for more than a decade, I currently said out monthly press releases, newsletters, emads, and postcards to promote our featured artists, and certainly utia these resources to promote myself whenever I have a show. I would make the mod of these resources as well should I be offered a space with Initial Point Gallery. In addressing challenges to the display of my work, I always offer to assist, particularly with Iarger sculptural pieces. There are some who are intimidated by hanging my work, simply because of the materials. In reality, the wall pieces are rarely any heavier than a [7� framed painting with glass, but people imagine they wiII be and at times balk at hanging them from that perception The only other issue is that while all of us working in metals make every attempt to.gdnd off every sharp spot, there is the occasional place that may be a bit "pokie". An experienced hanging crew using common sense now has any trouble hanging my.work. For the large free. standing piece, I elways make myself , .. avatiable to place then wherever they are wenk4 While I can easily move them with a . . hand-t=k, I don't want to put anyone in the position of having to move something heavier than they are comfortable with. I appreciate this opportunity and should you select my pieces, I look forward to working with yout 0 • Bardsley, Zdk ® Lngge 4621 Patton Place Boise, Idaho 83704 208-378.1464 Zellabardsley�a cableoae net Image 1: "Sunset': 22 x 22": Steel, Copper Image 2: "Crazy Quilt": 18 x 24": Steel, Ceramic, Copper Image 3: `TenaW: 20 x 20": Acrylic on Aluminum, Steel Image 4: `Block Quilf.- 22 x 36": Copped Steel Image 5: "Sunrise: 48 x 48": Steel, Copper, Acrylic u r, • • 0 bwd®ts7Rom4Qalp9 bffdsbW$n*LIP9 bawww5sorbahm • Exhibit C • f ACKNGWLEDGMEi4TS. I, Z,&%%_ AM4 hereby adat ge the Waxing stipulations and agree that if my/my organ�atian's art work is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as welt as subject to other specific terns and condition that shall be set forth in a separate, written Acceptance Agreement between -myself and the City of Meridian. I specifically acknowledge that A. Before my work will be displayed in Initial Point Gallery, I wilt be required to enter Into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the . particular works displayed. , B. if my work is selected for display M Initial Point Gallery, the City of Memidban and its agents will . exercise professional care in handling and securing aU artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any toss or damage. C. Any insurance of the art work displayed in Initial Point Gallery shall be the sale responsibility of the artist. The City of Meridian shall not provide insurance to cower loss, theft, or damage of artwork displayed in initial Poiret Gallery. D. While art work displayed in initial Point Gallery may be passively offered for sale by means of an Informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price lag. OW L While it is intended that each emdmibit in initial Point Gallery w1U be displayed for a one- to two-month period, this periost may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organftatlan in Initial Point Gallery, at any time, at the City's sale discretion. G. Art work submitted for display in Initial Point Gallery must be original works conceived and created Warby the artist (or by artist members of the organization) submitting this application. H. Meridian City HaU is primarily a place of public bus6iess and Initial Point Dalby is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hail is a place where citizens, employ=, and visitors of diverse ajes and perspectives feet welcome and comfortable. To this mrd, only arts and at work meeting the eligibility standards described in the tall for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all. of the foregoing stipulations and do agree to these general terms and Signature:1A A,Print name: Date: To propose an exhibition in Initial Point Galey, please submit this form, completed fn full, with the required materials and fee, via U.S. mail, to. Meridian Arts Commission Attn: Initial. Point Gallery 33 Fast Broadway Meridian ID 83642 Thank you for ymnr interest! 0 • • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. SD REQUEST Professional Services Agreement with Kim Ingraham for Pilates Class Services AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. AGREEMENT FOR PILATES CLASSES THIS AGREEMENT FOR PILATES CLASS SERVICES is made this day of \ , 2041F, and entered into by and between the City of eridian, a municipal co oration organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and KIM INGRAHAM, hereinafter referred to as "CONSULTANT", whose business address is 650 N Glen Aspen Way, Star, ID 83669. INTRODUCTION WHEREAS, the City has a need for services involving Pilates Classes; and WHEREAS, the Consultant 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. Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified below and in Exhibit A: PILATES CLASSES 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, Page 1 of 5 regulations and resolutions. The Consultant represents and warrants that it will perform 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 Agreement. 2. Consideration: The Consultant shall be compensated on a time and Materials basis as provided in "Exhibit A" below, for full and complete compensation under this agreement. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. 5. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Human Resources 33 E. Broadway Avenue Meridian, Idaho 83642 Kim Ingraham 650 N. Glen Aspen Way Star, ID 83669 208-841-3265 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. Page 2 of 5 6. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attomeys' 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. 7. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 8. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT 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. 9. Discrimination Prohibited: In performing the Services required herein, CONSULTANT 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. 10. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 11. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be 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. 12. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 13. Changes: The CITY may, from time to time, request changes in 0 the Scope of Services to be performed hereunder. Such changes, Page 3of5 including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 14. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, 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 CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT 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 Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 15. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 16. Advice of Attorney: Each party warrants and represents that in executing this Agreement, it has received independent legal advice from it's attorney's or the opportunity to seek such advice. Page 4 of 5 • • 17. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 18. 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. 19. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN CONSULTANT TAMMY de nrl), MAYOR BY: kIM INGKAHfi(M Attest: 0 L. HOLMAN, CITY Approved as to Form CITY ATTORNEY Page 5 of 5 0 EXHIBIT A SCOPE OF SERVICES Duties: Pilates Class Irtstructor will perform duties tw-days per week, Tuesday ltd' Thursday, ess otherwise specified and mutually agreed upon by both parties. I Pilates Class to be one hour sessions and offered at a minimum of two days per week, with additional classes available if mutually agreed upon by both parties. Pilates Class Instructor duties to be performed on the 3`d Floor of Meridian City Hall in the empty room across from IT Department unless otherwise mutually agreed upon by both parties. • Compensation: $5.00 per person per class. 11 Exhibit A • • • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. SE REQUEST Agreement & Bid Results between Haemker General Contracting and the City of Meridian Regarding the Downtown Tree Box Replacement 2010 Project for a Not -to -Exceed Amount of $29,905.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PURCHASING DEPT: See Attached 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. Memo To: Rachel Myers From: Max Jensen Date: 12/15/09 Re: City Council Agenda Item Rachel Please find attached the bid results and the Agreement with Haemker General Contracting for the construction of the Parks and Recreation Department Downtown Tree Box Replacement 2009 Project. Please place this item on the next available City Council under the Parks and Recreation Department for 1) the award of the project to Haemker General Contracting and 2) the execution of the Agreement with Haemker General Contracting for the construction of this project. Please make one copy of this memo, the bid results and the Agreement for the Parks and Recreation individual attending the City Council meeting for their use. Note: We conducted individual meetings with the bidders to evaluate their individual bids and assuring the requirements of the project documents were bid. The meetings began with the lowest bidder and progressed to the third lowest bidder (Haemker General Contracting) until we found the most responsive and responsible bidder. Upon City Council review and execution of the Agreement, please forward to me for the project file. Please call me if you have any questions/comments. Thank you Max 0 Page 1 H J W w W, 0 z i �d a a i� 1 SgnS lo 3s1-1 OI'I M ON Z10 Ol7r7!1t7�0�0�■■■���■ r 1 • Memo To: Rachel Myers From: Max Jensen Date: 12/15/09 Re: City Council Agenda item Rachel Please find attached the bid results and the Agreement with Haemker General Contracting for the construction of the Parks and Recreation Department Downtown Tree Box Replacement 2009 Project. Please place this item on the next available City Council under the Parks and Recreation Department for 1) the award of the project to Haemker General Contracting and 2) the execution of the Agreement with Haemker General Contracting for the construction of this project. Please make one copy of this memo, the bid results and the Agreement for the Parks and Recreation individual attending the City Council meeting for their use. Note: We conducted individual meetings with the bidders to evaluate their individual bids and assuring the requirements of the project documents were bid. The meetings began with the lowest bidder and progressed to the third lowest bidder (Haemker General Contracting) until we found the most responsive and responsible bidder. Upon City Council review and execution of the Agreement, please forward to me for the project file. Please call me if you have any questions/comments. Thank you 0 Max 0 Page 1 0 • 0 J d � � CO) o LLI m m � Ul m I emsgoPr l on oN a l�I�l�70�7►`!l1�70■■■■■■■■ AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES DOWNTOWN TREE BOX REPLACEMENT 2009 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this � day of J� O 10 , and entered into by and between the City of Meridian, a municipal co oration organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Haemker General Contracting , hereinafter referred to as "CONTRACTOR", whose business address is 622 S. Powerline Rd. Nampa, ID 83686 and whose Public Works Contractor License # is PWC -C-13663. INTRODUCTION Whereas, the City has a need for services involving Downtown Tree Box Replacement 2009: and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; 0 NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" 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 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. if any such work is copyrightable, the Contractor may copyright the same, except that, as to DOWNTOWN TREE BOX REPLACEMENT 2009 — page 1 of 15 any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor 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 resolutions. The Contractor represents and warrants that it will perform 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 Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consid®ration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, 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 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. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no 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, Contractor shall not be entitled by virtue of this Agreement to DOWNTOWN TREE BOX REPLACEMENT 2009 page 2 of 15 I] • 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) September 30, 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 Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor'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 Contractor's business; or C. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall complete the work no later than April, 30 2010. Contractor shall be liable to the City for any delay beyond this time period in the amount of $100.00 (one hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. DOWNTOWN TREE BOX REPLACEMENT 2009 page 3 of 15 • 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, 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 CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR 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 Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, 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 payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor 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 on 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 CITY. DOWNTOWN TREE BOX REPLACEMENT 2009 — page 4 of 15 0 e 5.2 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. 5.3 Contractor shall determine the method, details and means of performing 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 Agreement, shall not be subjected to City's control with respect to the physical 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. 6. Indemnification and Insurance: CONTRACTOR 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 CONTRACTOR, 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. CONTRACTOR 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, Professional 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 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 for an amount in excess of the insurance limits, herein provided, CONTRACTOR 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 Contractor or Contractor'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. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the DOWNTOWN TREE BOX REPLACEMENT 2009 page 5 of 15 • s requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR 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 Contractor 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, Contractor's 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 Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor'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 overages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: DOWNTOWN TREE BOX REPLACEMENT 2009 page 6 of 15 E, 0 City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Haemker Conctruction . Inc Attn: Jim Haemker 622 S. Powerline Rd. Nampa, ID 83686 208-467-7480 Idaho Public Works License #: C-13663 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attomeys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time Is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that 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. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR 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. DOWNTOWN TREE BOX REPLACEMENT 2009 page 7 of 15 0 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be fumished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, 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 CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be 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. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or DOWNTOWN TREE BOX REPLACEMENT 2009 — page 8 of 15 enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: 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 Attorney. 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. Entire Agreement This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed b and construed PP 9 9 Y and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN HAEMKER CONTRUCTION, INC. BY: ✓. ion TAMMY de ERD, MAYOR ABY: Dated: 1- I a-- opo 10 Dated:. �yrfev Approved by City Councll: C o"1 fl is DOWNTOWN TREE BOX REPLACEMENT 2009 page 9 of 15 *Attest: , CITY Approved as to Content 319A]L 9�cGsr Esc •`,� 6nentApproval CIOUNT`� BY: �11,U11111111% KEIT ATT , PC ING AGENT hi Dated: / - p - In Approved as to Form CITY ATTORNEY • * DOWNTOWN TREE BOX REPLACEMENT 2009 BY: NAME: SzTg & 541joy" . TITLE: Dated: 1Ii l o - page 10 of 15 0 11 O Attachment A SCOPE OF WORK ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PK -09-10090 are by this reference made a part hereof. 1. Provide all labor, material and equipment to complete the site work at eight (8) locations in downtown Meridian. See the list of locations and individual instructions for each in Item #18. 2. Clear and grub existing site. Properly dispose of any misc. debris. Protect trees adjacent to project site from damage due to construction. 3. Cut and fill entire site. Waste all unsuitable spoils off-site. Import/export additional material as required. 4. Saw cut and remove existing concrete pavement, curb & gutter and asphalt pavement. 5. Any extra brick shall be saved, placed on a pallet and delivered to the Parks Department at 11 W Bower St. 6. Provide all site demolition as called out on 1-1.50. 7. Provide all excavation, backfill, base and compaction for all site concrete paving, brick paving and asphalt paving areas, and landscape areas. 8. Provide all concrete paving, ADA ramp, curb & gutter, brick paving and asphalt paving including base material. 9. The Parks Department will mark out the square footage of each area that will be affected. The contractor is responsible to bid concrete worts, brick replacement, and asphalt repairs based on the marked out area. 10. Provide irrigation to tree wells. 11. Trees will already be removed by the City of Meridian Park Department. Four feet of the trunk will be left standing to aid the contractor in stump removal. 12. Tree grate frame, provided by City of Meridian Parks department. Installed by contractor. 13. Contractor is responsible for erosion and sediment control per local, state and federal regulations; street cleaning and repair damage to existing roads, asphalt, landscaping etc. 14. Provide all notifications, permits, and fees for this work. 15. All surveying and staking is the responsibility of the Contractor. 16. Provide daily clean-up and removal of debris. 17. Contractor responsible to call Digline for locates. DOWNTOWN TREE BOX REPLACEMENT 2009 page 11 of 15 0 • 18. Construction work hours are regulated to ACHD permits. No work shall be performed on weekends. 19. Construction sites - Note: All areas are mark out or identified in hot pink paint. a. 830 North Main Replace tree box, repair water line. Match existing concrete and brick to be the same as the newer tree box in front of Sharer & Wvnkoop office on Main Street. This area may have a street light control conduit running behind the back of curb. This tree box needs to be replaced in early morning hours before the lunch crowd arrives. b. Chapel of the Chimes Mortuary, North Main Replace tree box, repair water line, Match existing concrete and brick to be the same as newer existing tree boxes one block to the south. C. 118 East Idaho Replace tree box in same location, repair water line Replace 35 square foot of extra concrete to match existing concrete and brick to the newer tree well located to the east in the same block. Cut and replace 11 lineal feet of curb and gutter, replace asphalt. d. 58 East Idaho Replace tree box, repair water line, match existing concrete and brick. The water line to be repaired is on edge of the street under the asphalt. Cut and replace 15 lineal feet of curb and gutter, replace asphalt. Replace 159 square foot of concrete to match existing concrete and brick work to the newer tree well located 2 trees to the west in the same block. This site will require concrete replacement up to the front of the building. The stucco work on the building is possibly covering the sidewalk in some areas, great care should be taken when demoing the sidewalk. The City acknowledges that there may be the need to repair some stucco after sidewalk demolition. Include stucco repair, match existing building color and repainting in base bid. Relocate existing sign post 2 feet to the east. The area is marked out. DOWNTOWN TREE B OX REPLACEMENT 2009 — page 12 of 15 • • e. Bank of the Cascades, comer of North Meridian Road and Broadway Remove the old tree box. Relocate the new tree box north edge to back of existing sidewalk to the north. Match the concrete and brick work to be the same as tree wells located to the east in the same block. Relocate the new tree box 5 foot to the north. Relocate and connect irrigation line. Reinstall 12 square foot of brick work. Concrete the old tree box area to match existing concrete and brick in the same block to the east. f. Idaho Independent bank, comer of North Main and East Idaho 'Rplace tree box in same location, match existing concrete and brick work to the top of the curb to the north. g. 903 North Main, Hub cap Annies Replace tree box in same location. Match existing concrete and brick work. h. 729 North Main, Replace tree box in same location. Match existing concrete and brick work. DOWNTOWN TREE BOX REPLACEMENT 2009 — page 13 of 15 is ADD ALTERNATE NO.1 Extending Water lines to connect flower pots to downtown tree Irrigation Description: of work: Lift move flower pot with skid steer forks. Cut concrete under the flower pot location. Excavate and find the water line. Saddle the line and connect the funny pipe water line. Bring the water line up to 4 foot above grade. Back fill, compact and reinstall the concrete, leave an 8 inch round cut out under the pot for the water line. Run the water line up through sleeve in the pot from the bottom of the pot so the extra line is showing out the top. The parks department will perform the remainder of the plumbing hook up. Site locations 130 East Idaho 1 pot 118 East Idaho 2 pots 704 North Main 1 pot 729 North Main 1 pot 713 North Main 1 pot 830 North Main 1 pot DOWNTOWN TREE BOX REPLACEMENT 2009 page 14 of 15 • • Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $29,905.00. TASK i DESCRIPTION AMOUNT Furnish all labor, materials, equipment, and incidentals as A. required for the DOWNTOWN TREE BOX $27,105.00 REPLACEMENT PROJECT 2009, per the attached drawings and specifications (Attachment A) B. Add Alternate No 1 (Attachment A) $ 2,800.00 TOTAL $29,905.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. DOWNTOWN TREE BOX REPLACEMENT 2009 page 15 of 15 • • • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. SF REQUEST Approval of Award & Authorization of Issuance of Purchase Order with APSCO, Inc. for Centrifugal Portable Pumping Station for a Not -to -Exceed of $68,700 and Approval for the Purchasing Manager to Sign Purchase Order AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PURCHASING DEPT: See Attached 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. � EIDIAN�- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, P.E. DATE: December 18, 2009 Mayor Tammy de Weerd MY CounA Memberis Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVAL OF AWARD AND AUTHORIZATION OF ISSUANCE OF A PURCHASE ORDER WITH APSCO, INC FOR A CENTRIFUGAL PORTABLE PUMPING STATION FOR A NOT -TO -EXCEED AMOUNT OF $68,700.00 AND APPROVAL FOR THE PURCHASING MANAGER TO SIGN PURCHASE ORDER T. RECOMMENDED ACTION A. Move to: 1. Approval of award and authorization of issuance of a Purchase Order with APSCO, Inc. for a Centrifugal Portable Pumping Station for a not -to -exceed amount of $68,700.00; and 2. Approval for the Purchasing Manager to sign the Purchase Order. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 III. DESCRIPTION A. Background Over the last several years, the wastewater division has spent an average of $15,000 per year on pump rentals for backup pumping during lift station failures, wastewater treatment plant dewatering, basin cleaning and bypass pumping and Page I of 3 other miscellaneous uses. This usage, which is expected to increase over time as the City of Meridian grows, drove the need for a budget enhancement for Wastewater Treatment Plant Emergency Pumping Equipment which was approved for the fiscal year 2010 budget. This portable pumping station will be an asset to both the wastewater treatment plant and collection system. B. Proposed Project The procurement of a portable pumping station will significantly reduce the $15,000 per year in pump rental fees, provide backup pumping in the event that a lift station in the collection system is inoperable and will be used at the wastewater plant for dewatering, bypass pumping, and basin cleaning. The winning bid for this equipment procurement is $68,700 from APSCO, Inc. A total of $80,000 was budgeted for wastewater treatment plant emergency pumping equipment, leaving $11,300 in the budget for this line item in fiscal year 2010. C. Contractor Selection APSCO, Inc. was the lowest bidder and is qualified to provide the specified equipment package. IV. IMPACT 0 A. Strategic impact: This project supports the Public Works Mission and Vision for modern and reliable facilities and emphasizes our accessibility and responsiveness to our customers' needs. The acquisition of a portable pumping station increases our accessibility and responsiveness to pump station failures and increases operational efficiencies by reducing the down time of pump station and the potential for sewer backups and overflows. B. Service/Delivery Impact: The acquisition of a portable pumping station will significantly reduce the estimated $15,000 annual operation and maintenance costs associated with the rental of portable pumps and shorten the response time to lift station failures. The portable pumping station increases the efficiency of dewatering, bypass pumping, and basin cleaning at the wastewater plant. C. Fiscal Impact: Project Costs Base Bid Amount $68,700 Total $68,700 Page 2 of 3 • Project Funding WW Sewer Repair (60-3590-92100) $80,000 V. ALTERNATIVES A. The City could defer the procurement of the portable pumping station. The wastewater division would rely on the existing emergency generator to power lift stations in the collection system during failures or other shutdowns without this backup pumping station. The division would rent pumping equipment for dewatering, bypass pumping and regular basin cleaning. B. The City could rework the specifications to allow for alternative portable pumping stations without centrifugal pumps such as those provided by Rain for Rent at a reduced capital cost. These types of portable pump stations are not as capable of pumping solids, may have a greater potential for clogging and likely would not run as quietly as the selected pump package. VI. TIME CONSTRAINTS Council's approval of the issuance of a Purchase Order will allow Public Works to procure the portable pumping station this winter. This will translate into cost savings related to the rental of emergency pumps for future construction projects at the wastewater treatment plant, dewatering, bypass pumping, and basin cleaning and lift station failures or repairs. VII. LIST OF ATTACHMENTS A. Invitation for Bid for Project PW -10-10020 for the Centrifugal Portable Pumping Station Approved for Council Agenda: /L L/ G� ate Page 3 of 3 EIDIANAr..., PURCHASING DEPARTMENT 33 East Broadway Avenue, Meridian, ID 83642 Phone: (208) 888-4433 x417 Fax: (208) 887-4813 INVITATION FOR BID BID NO. PW -10-10020 CONTRACT SPECIFICATIONS FOR: CENTRIFUGAL PORTABLE PUMPING STATION BIDS MUST BE RECEIVED PRIOR TO 2:30 P.M. DECEMBER 9, 2009 DELIVER TO: CITY OF MERIDIAN, PURCHASING DEPARTMENT 33 EAST BROADWAY AVENUE MERIDIAN, ID 83642 Pre -Bid ConferenceNalk Though MANDATORY [ ] YES [ ] NO AND NONE Wanner MITTING BID NAME: A p-sco , _h c , ADDRESS: 112-0 - 0'�2 t- f"or"A. W'& ' 9803-3 0 I BID TO THE CITY OF MERIDIAN 110 MERIDIAN, IDAHO PURCHASING AGENT FOR: CENTRIFUGAL SCREW PORTABLE PUMPING UNIT BIDS MUST BE RECEIVED BY THE PURCHASING DEPARTMENT 33 EAST BROADWAY AVENUE PRIOR TO 2:30 P.M. ON DECEMBER 9 2009 BID NO. PW -10-10020 Name of Bidder A r,SC 0 1 T c. Telephone q? s- " s 2 Z" 3 3 S Type of Business: [ J Individual doing business under own name GQ Corporation j J Individual doing business using a firm name [ ] Partnership [ ] Joint venture (Please attach Joint Venture Agreement) Business Address: �tz� '3r'ree(' ;YkWA 9f'033 Street City State Zip Code To the City of Meridian: 0 The undersigned, as bidder, certifies under penalty of perjury that the only persons or parties interested in this bid as principals are those named herein as bidder; that this bid is made without collusion with any other person, firm, or corporation; that in submitting this he/she has examined the "General Conditions and Instructions to bidders" and the specifications; that he/she proposes and agrees if this bid is accepted, he/she will perform all the work and /or furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements as thein set forth; and that he/she will take in full payment therefore, the prices set forth in the attached schedule. • W, re -r -r-) , eres%'A" Typed or Printed Name and Title Address (if different than above business address) 2 of 17 DECLARATION UNDER PENALTY OF PERJUY PLEASE READ CAREFULLY BEFORE SIGNING To be signed by authorized corporate officer or partner or individual submitting the bid, EXAMPLE If bidder is: Sign: 1. An individual doing business ........................ Your name only Under own name. 2. An individual using a firm name .................... John Doe, an individual doing business as Blank Company 3. A partnership ........................................... John Doe and Richard Roe, partners doing business as Blank Company, by John Doe, Partner GDA corporation ........................................... Blank Company, by John Doe, Secretary (or other title) I or printed blame and' Pr-esIrL'Q Address (if different than above business address) FOR CITY USE ONLY Bid was opened on above date at prescribed place. Bid bond required: [ x ] No [ ] Yes Amount $_ Received: [ ] Cashiers or Certified Check drawn on a Idaho bank [ ] Surety Bond • 3of17 Purchasing Agent, City of Meridian i I I PROJECT DESCRIPTION The City of Meridian is requesting bids for a Centrifugal Portable Pumping Station. Specifications may be found on page 12 labeled as Exhibit A. CITY'S REPRESENTATIVES Purchasing Representative Keith Watts, Purchasing Manager 33 East Broadway Ave Meridian, ID 83642 (208)888-4433x417 Fax (208) 887-4813 kwatts(a)meridlancitv.ory Technical Representative Clint Dolsby, Asst. City Engineer 33 East Broadway Ave Meridian, ID 83642 (208) 888-4433 x341 Fax (208) OR%-C155I cdolsbyO-meridiancitv.ora Any and all explanations desired by a respondent regarding the meaning or interpretation of this Invitation for Bid or any part thereof must be requested in writing and directed to the person named as the Purchasing Representative and in accordance with "Additional Terms and Conditions (Bid Inquires). Violation(s) may be caused for rejection of the Bid. Dated: f!— 26— O q CITY OF ME IDIAN /j .0/ Kelff Watts, asing Manager 4 of 17 GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDER 1. Bid must be submitted on the form provided by and made available at the office of the City of Meridian Purchasing Department. All items shall be filled in and the signatures of all persons signing shall be written Bids shall be delivered to the City Purchasing Department, 33 East Broadway Avenue, Meridian, ID 83642 prior to 2:30 P.M. on DECEMBER 9. 2009. Bids, received after that time will be returned Unopened to the respective bidder and will not be considered for evaluation. Mistakes must be corrected and the correction inserted; correction must be initialed in ink by the person signing the Bid. All bids shall be submitted in a sealed envelope and clearly identified on the outside to read: a) CENTRIFUGAL SCREW PORTABLE PUMPING UNIT b) PW -10-10020 (Bid Number) c) DECEMBER 9, 2009 (Opening Date) 0 Bids shall be opened in public at 2:30 P.M. on said date. 2. Alternate bids will be considered unless otherwise stipulated. 3. If required, before award or execution of the contract by the City, the Contractor shall file with the City a surety bond satisfactory to the City in the amounts and for the purpose noted. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in Idaho and secured thorough an authorized agent with an office In Idaho. Contractor shall pay all bond premiums, costs and incidentals. 4. The City reserves the right to waive any informalities or minor irregularities in connection with the bids received. 5. All provisions of the City code are applicable to any bid submitted or contract awarded pursuant thereto. 6. If equipment is proposed, It is to be newest and latest model in current production. Used, remanufactured, shopworn, demonstrator, prototype or discontinued models are not acceptable unless otherwise stipulated. 7. Within thirty (30) days after the bid opening, a contract may be awarded by the City to the lowest responsive and responsible bidder, subject to the right of the City to reject all bids, as it may deem proper in its absolute discretion. 5of17 1] The time for awarding a contract may be extended at the sole discretion of the City. If required to evaluate bids orfor such other purposes as the City may determine, unless the bidder objects to such extension in writing with his bid. In addition to price in determining the most responsive and responsible, consideration shall be given, but not limited to: a. The quality and performance of the supplies to be provided by the bidder, b. The ability, capacity and skill of the bidder to perform the contract or effectuate the transaction; C. The ability of the bidder to perform the contract or effectuate the transaction within the time specified, without delay;; d. The character, integrity, reputation, judgment, experience and efficiency of the bidder; e. The quality of bidder's performance on previous purchases by, or contracts with, the City; f. the ability of the bidder to provide future maintenance, repair parts and services for the supplies provided. 8. The City of Meridian does not discriminate on the basis of race, religion, sex, national origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. SUBJECT TO PARAGRAPH 4 ABOVE, THE CITY MAY NOT ACCEPT A BID FAILING TO COMPLY WITH ANY OF THE ABOVE STATE REQUIREMENTS. 6 of 17 • DECLARATION UNDER PENALTY OF PERJURY The undersigned declares: that he/she holds the position Indicating below as a corporate Officer or the owner or a partner in the business entity submitting this bid; that the undersigned Is Informed of all relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FIRM: A Ps co L, c - BY: h/. reA-v',"r (:;7 TITLE. S I d.,k ADDRESS: 112 O 90IM S V- . LJA 0 DATE: 11-- -7- 0 • 7of17 FJCAMtNADDITIONAL TERMS AND CONDITIONS !ON •F CONTRACT DOCUMENTS The bidders shall carefully examine the specifications, and satisfy themselves as to their sufficiency, and shall not at any time after submission of the bid, dispute such specifications and the directions explaining or interpreting them. AWARD The City of Meridian reserves the right to make an award on any item, group of items in the aggregate to that/those lowest responsible contractors (s) whose bid (s) is/are most responsive to the needs of the City. EVALUATION (inspection) Equipment and goods will be inspected before acceptance by an authorized representative of the City of Meridian for workmanship, appearance, proper functioning of all equipment and systems, and conformance to all other requirements of the specifications. If deficiencies are found, it shall be the responsibility of the contractor to pick up the equipment/goods and replace for reinspection and acceptance. Payment will not be made until corrective action has been made. QUANTITIES (Additions) The quantity specified is based upon current known requirements and Is subject to increase if mutually agreeable to both parties within 365 days of contract award. Said increase will be governed by the same terms and conditions of this Invitation for Bid. WARRANTY / GUARANTEE Contractor delivering equipment / goods against this specification shall guarantee that the equipment / goods meet the minimum requirements se forth herein. If it is found that the equipment / goods delivered do not meet the minimum requirements of this specification, the Contractor will be required to correct the same at the Contractor's expense. BRAND NAME Brand names and numbers, when used, are for reference to indicate the character and quality desired. Contractors may offer comparable "EQUAL" products unless expressly prohibited herein. If necessary, the burden of proof and cost of analysis to determine equality shall be that of the Contractor. If proposing an "EQUAL", please state name of manufacturer, model, and part number, if applicable, and enclose descriptive literature. PURCHASE AGREEMENT DOCUMENTS aA copy of the Notice Inviting Bids, Genera! Conditions and instructions to Bidders, Special Conditions, Additional Terms and Conditions, Specifications, Plans and / or Drawings, 8of17 • Bidder's Submittal, and any other related documents will remain on file in the office of the City Purchasing Agent. It is understood that these documents will form the basis of the purchase agreement upon award of the contract. All materials or services supplied by the Contractor shall be in conformance with all the specifications contained herein and shall be in compliance with any applicable Local, State, and Federal Laws and regulations. NON -COLLUSION STATEMENT All bidders are herb notified that, in the event a contract Is awarded to a Bidder whose bid was made in collusion with other Bidders for the same equipment, the resulting contract is not enforceable against the awarding agency an may be void by that agency. BID INQUIRIES Questions, in written form, regarding this bid should be directed to: City of Meridian Purchasing Department Attn: Keith Watts 33 East Broadway Avenue Meridian, ID 83642 (208) 888-4433 x417 PAYMENT AND INVOICING Invoices, in duplicate, shall be mailed or delivered to: City of Meridian Accounts Payable 33 East Broadway Avenue, Meridian, ID 83642 9of17 • CENTRIFUGAL SCREW PORTABLE PUMPING UNIT BID NUMBER PW -10.10020 PAICIfVG SCHEDULE.. Furnish all labor, materials, equipment, and incidentals as required for a CENTRIFUGAL PORTABLE PUMPING UNIT, per the attached drawings and specifications (Attachment A") Op Y LUMP SUM TOTAL ..................................... ....................$ 6e, -700 Total cost to include all labor, material, equipment, freight, insurance, travel, lodging, incidental, and applicable taxes Pavment Discount Cash discount of % for payment within calendar days. (No deposits, prepayments or percentage payments will be allowed) F.O.B. Prices shall be submitted F.O.B. Destination. Certificate of Understanding The undersigned represents and warrants that the undersigned has reviewed and understands the plans, specifications and other documents, and the undersigned is satisfied with all conditions for performance of the work. The undersigned has checked carefully all the above figures and understands that the City of Meridian will not be responsible for any errors or omissions on the part of the undersigned in creating this bid. AUTHORIZED SIGNATURE: PRINT NAME DO NOT DETACH THIS SHEET - SUBMIT ENTIRE BID PACKAGE AS YOUR BID 10 of 17 0 ATTACHMENT A SPECIFICATIONS I SCOPE OF WORK CENTRIFUGAL SCREW PORTABLE PUMPING UNIT PART'! GENERAL 1.1 WORK OF THIS SECTION A. Work: The work necessary to furnish a complete Portable Pumping Unit including screw centrifugal pump, diesel engine, vacuum assisted dry priming system, controls, noise enclosure, trailer and associated accessories and appurtenances. B. Unit Responsibility: The Work requires a complete and operational Centrifugal Screw Portable Pumping system be supplied with all accessories and appurtenances (including, but not necessarily limited to, diesel engine, starter, control panel, hoses, priming system, trailer, and noise enclosure) be the end product of the supplier. The supplier shall furnish all components and accessories of the system to enhance compatibility, ease of operation and maintenance and, as necessary, to place the equipment in operation conforming to the specified performance, features, and functions. The foregoing shall in no way alter or modify CONTRACTOR'S responsibilities under the Contract Documents. CONTRACTOR is responsible to OWNER for providing the equipment systems as specked herein. C. like items of equipment, provided hereunder shall be the end products of one manufacturer in order to achieve standardization for appearance, operation, maintenance, spare parts and manufacturer's service. 1.2 REFERENCES r1 A. The following is a fist of standards which may be referenced in this section: I. American Bearing Manufacturers' Association (ABMA) 2. American National Standards Institute (ANSI): B16.1, Cast Iron Pipe and Flanges and Flanged Fittings 3. ASTM International (ASTM): A48, Standard Specification for Gray Iron Castings 4. Hydraulic Institute Standards (HIS) 5. Occupational Safety and Health Administration (OSHA). 11 of 17 0 1.3 DEFINITIONS A. Terminology pertaining to the pumping unit performance and construction shall conform to the ratings and nomenclature of the Hydraulic Institute Standards. 1.4 SUBMITTALS A. Action Submittals: 1. Shop Drawings: a. Make, model, weight, and horsepower of pump assembly. b. Complete pump, diesel engine, and vacuum pump catalog information, descriptive literature, specifications, and Identification of materials of construction. C. Performance data curves at nominal pump speed showing head, capacity, horsepower demand, NPSH required, and pump efficiency over entire operation range of pump, from shutoff to maximum capacity. Indicate separately head, capacity, and horsepower demand, NPSHR and overall efficiency require at Rated Conditions and at Secondary Conditions. d. Performance data curves for rated pump RPM. e. Certified detailed mechanical and electrical drawings showing equipment dimensions, arrangement, assembly, including locations and type of connections and weights of major equipment and components. f. Complete diesel engine nameplate data, engine manufacturer, including any motor modifications. g. Factory Finish System B. Information Submittals: 1. Special shipping, storage and protections, and handling Instructions. 2. Manufacturer's printed installation Instructions. 3. Suggested spare parts list to maintain equipment in service for period of 1 year and 5 years. Include a list of special tools required for checking, testing, parts replacement, and maintenance with current price information. 4. List special tools, materials, and supplies furnished with equipment for use prior to and during startup and for future maintenance. 1.5 OPERATIONS AND MAINTENANCE DATA A. O&M Manuals 1. Submit a minimum of two hard copies in a three ring binder with a weather resistant cover and a minimum of one copy shall be on a CD -Rom: 2. The operation and maintenance manual shall include: a. Title page with City's name and contact number. 12 of 17 b. Index C. Equipment serial numbers, model numbers, and part numbers. d. Name, address and telephone number of vendor, manufacturer, supplier, and service contact. e. Approved shop drawing submittals or revised documentation reflecting submittal review comments. f. Dimensional Drawings g. Materials and Parts List h. Recommended Spare Parts i. Performance Data J. Factory and field test data results and certifications. k. Operating procedures. 1. Start-up, break-in, routine, and normal operation Instructions. 2. Shutdown for short tern and extended durations. 3. Summer and wintertime operation. 4. Safety precautions. I. Maintenance requirements and recommended frequency of activities. M. Disassembly, removal, repair, reinstallation, and reassembly instructions. n. Storage requirements and maintenance required during storage. o. Troubleshooting guide. P. Instances that might affect warranty. q. Warranty and service agreements with project specific start and end dates. *.6 EXTRA MATERIALS A. Furnish for each set of pumps: One complete set of any special tools required to dismantle pump. PART PRODUCTS 2.1 GENERAL A. Provide a complete, coordinated, and fully functional operating system. B. Coordinate pump, diesel engine, and priming system as a system. C. Pumps supplied under this Section to be a standard product of manufacture and to have proven reliability. D. Portable pump system to be capable of running dry or in snoring conditions. E. Provide a 1 year warranty on centrifugal screw portable pumping unit including all appurtenances. 2.2 MANUFACTURERS IDA. "ScrewsuckerT"" 6 inch Portable Pumping System, Model 125H by APSCO, Inc. of Kirkland, WA. (ph. 425-822-3335). 13 of 17 B. Or approved Equal. Ie C. Manufacturers requesting to be selected as approved equal shall submit certified documentation showing compliance with these specifications to the City a minimum of 5 days prior to bid opening. Selected equipment shall be added to approved list of manufacturers. 2.3 EQUIPMENT DESCRIPTION AND CONSTRUCTION DETAILS A. Pump: 1. Pump shall be a Hidrostal E125-HOIR Pump or equal. The basic design shall be a single passage, clog free pump utilizing a screw centrifugal impeller. At 1600 RPM Pump shall be capable of: a) 800 GPM @ 82 feet TDH @ 75 % efficiency b) 1200 GPM @ 56 feet TDH c) BEP 76 % 1030 gpm @ 74 ft TDH 2. Continuously rising head --capacity curve from runout to shutoff. 3. Designed to operate continuously at any point in specified operating range of performance curve without cavitation, overheating, or excessive vibration. 4. Engine nameplate horsepower rating not to be exceeded by pump brake horsepower required at any point on nominal pump performance curve. 5. Pump shall be capable of continuous operation in dry condition. 6. Pump shall be capable of passing 4 inch spherical solids B. Casing: 1. Back pullout design allowing for removal of rotating element without disturbing piping connections. 2. Heavy wall, one-piece volute construction with integral flanged discharge flange and smooth fluid passages. Provide drilled and tapped volute vent and drain connections. 3. The pump volute, back plate and suction piece housing shall be of close -grained cast iron, ASTM A48-CL30. 4. The Impeller shall be ASTM A-536 72 Iron, HB 270. 5. The suction shall have an independently replaceable suction liner of minimum 270 Brinell Iron, ASTM A 536-72 and shall be externally adjustable by means of stainless steel regulating screws. Each adjusting screw shall incorporate a mechanism for positively advancing, positively retracting, and positively locking the position of the suction liner in so that the necessary running clearances between the liner and impeller can be maintained. C. Bearing Housing 1. The bearing housing shall be of cast iron, ASTM A48CI-30 and shall be of the back pull out design. 2. The shaft shall be steel and provided with suitable bearings capable of taking all mechanical and hydraulic loads. Unless otherwise 14 of 17 specified, bearings shall provide a minimum 1310 bearing life of 00,000 hours without credit for hydraulic balancing by pump out vanes, grooves, or wear rings. 3. The shaft seals shall be isolated from contaminants in the pumped media by a labyrinth fit between the impeller backside and the volute back plate, as well as by pump -out grooves machined into the impeller back shroud and into the volute back plate, to prevent debris reach the shaft seal. D. Mechanical Seal 1. Tandem Mechanical Seal Arrangement requiring no external flush. Shaft sealing shall be by independently -mounted, tandem mechanical seals contained in an oil chamber that is formed as an intrinsic part of the bearing frame and allows the seals to be completely submerged in and lubricated by the oil bath. Externally mounted oil reservoirs are not acceptable. 2. The mechanical seal nearest the bearing shall utilize carbon/ceramic faces and shall Isolate the seal cooling oil from the bearing frame. 3. The mechanical seal nearest the Impeller shall be a stainless steel or rubber bellows type construction firmly attached to the rotating face and clamped to the shaft, to prevent contaminants from contacting the stainless-steel spring which loads the seal face. The seal faces shall be a solid tungsten -carbide rotating face running against a solid silicon -carbide stationary face. Seals with both faces of similar materials, or seals, with bonded, soldered, or converted face surfaces are not equal or acceptable. Diesel Engine I. The Diesel Engine shall be a Caterpillar C2.2N or equal. 2. The Diesel Engine starting system shall be 12 volt. Operation may be manual or with automatic level switching. 3. A 12 volt electric starter shall be an integral part of the engine. F. Priming System and Control Panel • I. The priming system shall be a "dry prime" vacuum system which shall incorporate a priming chamber, priming probes, and controlled via an electronic control module. 2. A Vacuum pump shall be supplied. The vacuum pump shall be oil lubricated and driven by a magnetic clutch from the diesel engine via a V -belt from the pump shaft. A solenoid valve will operate simultaneously with the vacuum pump clutch. The normally closed solenoid valve will only open when the magnetic clutch on the vacuum pump is engaged. 3. The priming chamber shall have a clear Plexiglas viewing window with electronic level probes mounted in the priming chamber. 4. An electronic control panel shall be furnished to control the dry prime vacuum system. 15 of 17 G. Control Panel The entire pump --diesel skid is to be mounted onto the trailer using quick 1. A control panel will be furnished in a NEMA 4X enclosure. The outside of the panel Trailer is to be 7,000 Ib GVW DOT approved with electrical brakes and shall be furnished with an hour meter, Tachometer, Low Fuel alarm, automatic start necessary lights. /stop and level control switch. 2. The control panel will be furnished with a connection for automatic start -stop of the Heavy duty diamond plate steel fenders shall be included with four side winder unit with level control probes. 3. The control panel shall operate and incorporate all the electrical features for the A Hand Crank Jack Assembly with removable wheel shall be provided to engine, pump, priming system, and automatic level control. 4. A magnetic clutch is to be provided that couples the primary pump, vacuum pump Trailer to be complete with full size spare tire. and diesel engine together. The magnetic clutch control is to be incorporated into Trailer construction to be 3/16" steel sandwich decking with integral lockable the control module. 5. Engine temperature and oil pressure shutdown protection shall be included. H. Sound Attenuated Enclosure 1. The pump, diesel engine, control panel, and priming system shall be mounted in a sound enclosure. With the unit operating at full speed, Contractor must guarantee a noise level not to exceed 60 dBA @ 23ft. 2. A integrated fuel tank with at least 66 gallons of storage shall be part of the enclosure. Under the fuel tank shall be a containment vessel to prevent fuel, water or oil from spilling on the ground around the unit. A fuel gauge is to be supplied that will have a connection in the control module. 3. A lifting eye is to be integrated into the sound enclosure for lifting of unit. 4. The pumping unit is to be supplied with four sound proof doors that are all lockable with no windows. 5. A heavy duty 12volt Marine Battery Is to be furnished. 6. 6" Camlock Suction and Discharge Connections to be furnished. Trailer 7. The entire pump --diesel skid is to be mounted onto the trailer using quick disconnect bolts. 8. Trailer is to be 7,000 Ib GVW DOT approved with electrical brakes and necessary lights. 9. Pintle hitch 10. Heavy duty diamond plate steel fenders shall be included with four side winder pipe mount stabilizer jacks. 11. A Hand Crank Jack Assembly with removable wheel shall be provided to facilitate moving of trailer. 12. Trailer to be complete with full size spare tire. 13. Trailer construction to be 3/16" steel sandwich decking with integral lockable hose storage. 14. Tandem Axle 15. Trailer to be supplied with Front Loading Pro -Tec tool box with weatherproof sealing. 16 of 17 9J. Hoses 1. 50 ft. of 6" Clear Reinforced Suction Hose shall be provided in 10 ft. lengths with camlock fittings. 2. 300 ft. of 6" Collapsible Discharge Hose shall be furnished in 50 ft. lengths with camlock fittings. G. Fuel Consumption -- The pump system shall be capable of running continuously without re -fueling for 72 hours at 1,800 rpm on 66 gallons of diesel fuel. PART 3 EXECUTION 3.1 MANUFACTURER'S SERVICES A. Installation, Startup, and Testing Services: 1. Vendor's representative shall be present at site or classroom designated by City for the minimum periods of time listed below, travel time excluded: a. Allow for up to two trips to site to accomplish the following: 1. Four hours for delivery, inspection, and testing. 2. Four hours for on-site training for City's staff. 2. Vendor's representative shall provide 1 person -day of pre -startup training, which shall be provided in one session. 3. Provide Qualifications of Vendor's Representative prior to any training for the OWNERS review and approval. 3.2 FIELD QUALITY CONTROL • A. Field Testing 1. All equipment shall be inspected in the field by the Vendor's representative for proper alignment, lubrication, quiet operation, proper connection, and satisfactory performance by means of a functional test at one of the City's pump stations that Is selected by the City. 2. Vendor's representative shall operate the equipment for a minimum of 4 hours demonstrating all functions of the equipment. 3. Vendor's representative shall investigate and correct any unusual noises detected during testing. 4. Submit a record of field testing to the OWNER for approval. B. Coordination 1. Vendor's representative shall operate and demonstrate the equipment during field testing. 17 of 17 C7 • AL APSCO, INC. P.O. Box 2639 • Kirkland, WA 98083-2639 Ph: (425) 822-3335 • Fax: (425) 827-6171 E-mail: apsco@apsco-inc.com Tuesday, December 08, 2009 City of Meridian, ID 33 East Broadway Avenue Meridian, ID 83642 ATTN: Keith Watts RE: BID NO. PW -10-10020 Centrifugal Portable Pumping Station Dear Keith. Thank you for the opportunity to provide a bid for the requested Centrifugal Screw Portable Pump System. The Screwsucker pump system is unequalled in performance and reliability. We have over 1000 units world wide. I trust you will find our offering complete and in the best interest of the City of Meridian. SCOPE OF SUPPLY: A l SCREWSUCKER MODEL 125H (AS SPECIFIED) B l DELUXE TANDEM AXLE TRAILER AS SPECIFIED) C 5 6" X 10' SUCTION HOSE (AS SPECIFIED D 16 1 6" X 50' DISCHARGE HOSE AS SPECIFIED) E 1 START UP & TRAINING (AS SPECIFIED F 1 WARRANTY AS SPECIFIED) Delivery: FOB, Meridian, Idaho WWTP; 34 weeks after approved submittals Apsco, Inc complies with the bid and takes no exceptions to the specifications. Please do not hesitate to call with any questions. Sincerely, oe Kernkamp Apsco, Inc. Enclosures: Bid Document, Model 125H/Trailer spec sheet �'G3L UUC�CCR3'� PUMPING 9Y APSCO • D z m 00:. HROX 79; w p 5 Vo AO "D INg RR1I 2y Q IU A W � COZ �Cjr �.m 9ca O ohm mtn� [mi m nv�7i 03�� g O xx; LYC�I, En 'q Q fn a m M,4 in 7� y f+i 2 w A �n �tl m 2 m D z m 00:. HROX 79; w p 5 Vo AO "D INg RR1I 2y Q IU A W � COZ �Cjr �.m 9ca O ohm mtn� [mi m nv�7i 03�� g O xx; LYC�I, En 'q Q fn a m M,4 in 7� y f+i 2 w A �n �tl m 2 ► i y � lilliallit ky� ppb _ AIM i gas* i�VF jp • � . PUMPING BY APSCO Model 125H Dry Running Self Priming, Solids Handling_ Diesel Engine Pump System Properties: -"moo Clog resistant impeller and liner in wear resistant configuration. Impeller has large free passage of 4". Fuel consumption is 50% lower than conventional dirty water pumps with the same free passage. Large pump capacity combined with a low engine power rating. The pump set primes very quickly even at large suction heights. The vacuum system can handle large quantities of air. Up to 60 cfm, standard is 15 cfm. Capable of pumping unscreened raw sewage water. Capable of pumping viscous liquids. The wear liner can be adjusted from outside the pump. R1 and R3 configuration. Electronic vacuum system. 0 Pump is capable of long running times in snore conditions. 0 Pump can dry prime down to 28 feet. 0 Automatic start / stop system (level switching). 0 Very low noise emission. 0 Double shaft seal immersed in oil bath (sic/sic and carbon/ceramic) Applications: Sewer Bypass. Drainage of building sites. 0 Well pointing and drainage lines. 0 Pumping bentonite and sludge. e 0 Emergency pump station. .. Technical specifications: Discharge and suction connections Flange - 6" 125 LB. ANSI. CAT' Capacity (maximum @ 1800 RPM) 1805 GPM. Head (maximum @ 1800 RPM) 115 Feet. Pump type and manufacture E 125-H Hidrostal Screw Centrifugal. Engine type and make Caterpillar C2.2 Water Cooled. Engine power rating 26.8 HP @ 1500 RPM, 32 HP @ 1800 RPM. Required pump power 14.7 HP @ 1500 RPM and 28 HP @ 1800 RPM. Engine starting system 12 volt DC manual and automatic level switching. Capacity diesel tank 95 gallons sufficient for 120 hours continuous running at 1500 rpm. Acoustic canopy Noise emissions reduced to 60 dB(A) at 23 feet distance. The canopy doors can be locked. The canopy serves as a containment vessel to prevent leakage from the unit. The vessel also has a built in oil/water separator. A hand pump is built in to assist in pumping out diesel engine sump and containment Fluids. The entire canopy is constructed from galvanized steel sheeting. Weight Approximately 4,000 lbs. Dimensionsare in inches. Dimensions, configuration and weight can be changed or vary without notice. Discharge & suction connections are 6" 125 LB ANSI Drawing is not to scale. Model 125 )wAev 62Q o� Oke Screw -Centrifugal Pump G (GPM) O 41.2 C APSCO APSCO, INC. 1-800-791-6195 P. O. Box 2639 - Kirkland, WA 98083-2639 Ph (425) 822-3335 / Fax: (425) 827-6171 Brochure 125H -022808 m N `n b CO b ��QISIJU�V��ISQTM RE -DEFINING DRY PRIME PUMPS Highest Fuel Efficiencies Reduced Carbon Footprint Whisper Quiet Operation design, combines the gentle action of a screw pump and the high flow rates and efficiencies of a centrifugal pump. This unique, single -vane impeller consists of both a screw section and centrifugal section, and blends the best features of both to create a pump that minimizes shear and emulsification caused by hydraulic recirculation and droplet impact against the internal pump components. As a bonus, this design provides a large, open channel from suction to discharge, allowing it to easily pump trash and debris without choking or dogging. Combined, the screw -centrifugal action makes the Hidrostal the best centrifugal pump alter -native for clog free, low -shear / low -emulsion pumping, at the most economical installation and operation cost. Long length to Shallow trajectory develop pressure head keeps impact angles minimizes energy of low. Approach to case recirculation due to low pressure differences Low Entral Angle Screw I Centrifugal Section Section Stainless Steel Shaft and Heavy Duty Bearings SCREWSUCKER MOST FUEL EFFICIENT PUMP IN THE WORLD 4-1 0.25 GPH WHISPER QUIET 4c 55 db(A) at 23 FEET ENVIRONMENTALLY SENSITIVE DOUBLE CONTAINMENT ENCLOSURE AUTOMATIC CONTROLS �k LEVEL ACTUATED START/STOP STEADFAST OPERATION _k RELIABLE COMPONENTS ASSURE PUMPING ECOLOGICALLY AWARE PRIMING i- VACUUM SYSTEM ONLY RUNS AS NEEDED cLmP i=lectrcnl. - - Pnmmg System .)alta. Es_ Performance and Economic Advantages: High Efficiency -Reduce Your Fuel Cost by 75% Clog Free Operation- No Clogging means minimum maintenance T- Gentle Action- Prevent damage to delicate solids r Steep Head -Capacity Curve- Minimize interruptions in capacity, prevents overloads and provides additional pressure to blow out plugs Slurry Seal K Grit and Debr seal; extendir and minimizir maintenance r Externally Adj liner- Simple field a, it easy to maintain as Abrasion Resisiant Construction- Hi -Chrome Impeller and Liner provide maximum wear resistance Tandem Oil Batt Mechanical Sea for Indefinite Dry Running ielr , --v • —ouvao aitu iaiya sums moving as available suction head descreases. k Positve Suction FIoW- enable pump to handle thick sludges NO a m NO AP OJ 'Sjsog�by � 20� S6, 0 0 0 0 0 0 0 Ln O d' b Ln 0 0 0 00 0 Ict CD O O— N I� CD O ti N CD 4 d' co Ln CD CD 00 .� Q a. a_ a arn arn m'n -n VJ W m V O V V V fa V /a�. V 'an V /s� V Y L1) N m I� LO �- In ti co O 00 d7 00 00 O N O r co N CV N O r -0 -0 --QO cD (D 00 00 0 04 N Lc) O aaaCL Cl- Cl- 0 -CL O 0 0 O 0 O 0 O 0 O O 00 O O Lr)T- O Lo Lo LCA Co Ln LOf) O _O�N11 _ = 2 2 2'2 2'2'= tt C")'t 00 q (3) 'tgt O ti CD CA r- CO N 4 CD N "t 't CD 4 O � N r O N In N� r N d d U U U U U U O LLQa� a) � Ln Lli O O Lo Lo Lo O LL LO co co co cD co co cD U O N Ln � o N w Lo Ln O O O �t Co LO O — N N O O Il_ CO 00 r M O N M r- 00 — T--- :T CO CO N d' N LO LD O (n 2 co (n oYLnLnYO O d' N N Cp ooco Y Y Y D LL W W LL N LJ 1 �' N LL LL J O O N N L� O LOC) O O N 04 CO LO I PENN-" r U cu C: .� Q •CL VJ W m O cu E O a)CL O .Q cu O cm cu 0 -0 -0 O >� >�U)_1mFf5E � 0 = O • • • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. 5G REQUEST Task Order No. 100608 for Consulting Services with Brown & Caldwell for the Reclaimed Water Booster Station and Reservoir Project On -Call City Represen. Services for a Not -to -Exceed Amount of $24,000.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PURCHASING DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. � M�IE IDIAN,- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, P.E. DATE: December 21, 2009 Mayor Tammy de Weerd Cup comeill Meralberte Keith Bird Brad Hoaglun Charles Rountree David Zaremtra SUBJECT: TASK ORDER 10060B FOR CONSULTING SERVICES WITH BROWN AND CALDWELL FOR THE RECLAIMED WATER BOOSTER STATION AND RESERVOIR PROJECT ON-CALL CITY REPRESENTATIVE SERVICES FOR A NOT -TO -EXCEED AMOUNT OF $24,000.00 0 I. RECOMMENDED ACTION A. Move to: 1. Approve Task Order 10060B with Brown and Caldwell for the Reclaimed Water Booster Station and Reservoir On -Call City Representative Services pursuant to the Master Agreement executed December 12, 2006 for a not -to - exceed cost of 524,000. 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 Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 III. DESCRIPTION A. Background Development of the Heroes Park water reuse facility and the draft Citywide Permit has laid much of the conceptual groundwork for building a reclaimed Page I of 3 water program in the City of Meridian. In conjunction with the Reclaimed Water Master Plan, the Reclaimed Water Booster Station and Reservoir Project will provide some of the backbone that is necessary to expand the Reclaimed Water Program in the City of Meridian. B. Proposed Project This task order will provide the City of Meridian with office support services for the technical review of specialty submittals and questions from Brown and Caldwell for the Reclaimed Water Booster Station and Reservoir Project. Brown and Caldwell will be utilized on an as needed basis for the review of technical submittals and questions such as electrical, HVAC and other areas the City does not have expertise. C. Consultant Selection The consultant selected for this project chosen due to their familiarity with the project from helping with the request for proposals, immediate availability and quality of the work they have completed in the past for the City. IV. IMPACT A. Strategic Impact: This activity aligns with our department's vision of recycling and/or reusing eighty percent of the waste stream. Water reclamation is one means of reusing the waste stream at the wastewater treatment plant. When combined with other technologies such as biosolids management and beneficial reuse the departments vision for the year 2030 could be realized. B. Service/Delivery Impact: This project will provide the backbone for the reclaimed water program in the City of Meridian. The reservoir and booster station will provide pressurized reclaimed water to northwest Meridian in areas such as subdivisions, golf courses, parks and the Ten Mile Interchange landscaping. C. Fiscal Impact: Project Costs Consultant Agreement Time and Materials Not -to -exceed $24,000 Total Time and Materials Not -to -exceed $24,000 Project Funding Reclaimed Water Booster Station and Reservoir (3590-96172) $24,000 Page 2 of 3 0 V. ALTERNATIVES • A. The City could choose to complete this work in house. This has the potential to increase the risk associated with this project. The City has experience reviewing some components of the design associated with this project and is less experienced in the technical review of other areas such as electrical and HVAC. Without in house expertise, reviews of those submittals would be incomplete, increasing the chances of a design flaw in the construction of this critical project. B. The City could put out an RFP to select a consultant to help the city in this role instead of using Brown and Caldwell. Due to the timeframes associated with this process, this has the potential to delay the completion of the construction several months. This could result in the City using an alternate method to irrigate with reclaimed water next summer. VI. TIME CONSTRAINTS The reclaimed water booster station and reservoir design build project has an expected completion date of the early summer of 2010. Council's approval of the Reclaimed Water Booster Station and Reservoir Project On -Call City Representative services allows Public Works to have critical components of this project reviewed and Questions answered in a timely fashion to help remain on schedule with this critical project. V1I. LIST OF ATTACHMENTS A. Task Order 10060B with Brown and Caldwell for Reclaimed Water Booster Station and Reservoir Project On -Call City Representative services. Approved for Council Agenda. b a Date Page 3 of 3 6011 F.;L.t Riverhark Lant, Suite 3111 Rrnac, Idaho 8.3706 fel: IM -336 1340 08.2 Far 2t18 -3i i•UH•�5 %"%-Nv. broa•na ndr:d<!tivcll. com ENIDIAN;"%_.' �J PURCHASING AGENT 33 E. Broadway Ave, Meridian, ID 83642 Phone: (208) 888-4433 x 417 Fax: (208) 887-4813 TASK ORDER NO. 10060B Between CITY OF MERIDIAN AND 0 BROWN AND CALDWELL This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, covenant and conditions contained in the Master Agreement between the above mentioned parties dated December 12, 2006. Reclaimed Water Booster Station and Reservoir Project On -Call City Representative services Task Order 10060B SCOPE OF WORK Task 1 -- on Call Services This is an open task to be used at the City's discretion, but will generally involve the following work: Attend the pre -proposal meeting; • Answer questions in writing during the proposal period; Assist City in procurement of Design -Build Contractor including written technical comment on proposal substantiation package; • Review and provide written comment on design substantiation packages; • Review and provide written comment on construction substantiation packages; • attend weekly meetings with Design -Builder; • Assist City with startup and commissioning; tt • Review and provide written comment on Change orders and pay requests. El 600 East Rivegxrk Lane, Suite 210 Boise, Idaho 83706 Tek 20&336-1340 Fax: 208-3440825 mv�v.brownandcaldwelcom SCHEDULE The On-call tasks will be on an as -needed basis as determined by the City during the Design -Build proms generally between December, 2009 and May, 2010. FEE ESTIMATE The following table provides a summary fee estimate for the scope of services proposed in this task order. The fee estimate Is based on the assumptions developed from our conversations with City staff. These assumptions are presented In the following section. Brown and Caldwell proposes conducting this work on a time -and -materials basis with a multiplier of 3.2 applied to our direct labor rates and a 10 percent mark-up.on materials and supplies used as part of this effort. On-call Services $24,000 ASSUMPTIONS The following assumptions were made In preparation of the supe of work and fee estimate: • The cost presented in the fee table is on a time -and -materials basis, not to exceed $24,000. When the budget is 80% spent, Brown and Caldwell will notify the City and mutually decade on requirements for additional funds, if needed CITY OF MERIDIAN BROWN AND CALDWELL r , BY: .. TAMMY de WE ,MAYOR BY: Jeff re o n on Dated: - Ia- ao! l7 Dated: �212Gd d% Approved by City 41 �4 O s s JAYCEE U HOLMAN, CITY CLERK Approved as to Conte t Approval r / rr BY.• ���, C® KEIT ATTS, PURCHASIN AGENT "I'limomwO Dated: _ n , TITLE: Qrai.9.4 Gl -ens'—.44'r Dated: ,Izkr�9 E n v i r o n ne e n t a l E a ,g i n e e r s e: C o 7 s u! t a a t s • • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. 5H REQUEST Task Order No. 10023 Consulting Services with JUB Engineers Pursuant to RFQ No. PW 10-10023 for the 2010 Sewer Master Plan Received October 9, 2009 for a Not -to -Exceed of $149,761.00 In Accordance with Master Agmt Dated 12/12/2006 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PURCHASING 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: See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. NDIAN�- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, P.E. DATE: December 22, 2009 Mayor Tammy de Weerd Chy comm l membern Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: TASK ORDER 10023 FOR CONSULTING SERVICES WITH JUB ENGINEERS, INC PURSUANT TO THE MASTER AGREEMENT APPROVED BY COUNCIL DECEMBER 12, 2006 FOR THE 2010 SEWER MASTER PLAN FOR A NOT -TO -EXCEED AMOUNT OF $149,761.00 1. RECOMMENDED ACTION A. Move to: 1. Approve Task Order 10023 with JUB Engineers, Inc. for the 2010 Sewer Master Plan pursuant to the Master Agreement approved by Council December 12, 2006 for a not -to -exceed cost of $149,761.00. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Torn Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 III. DESCRIPTION A. Background The City of Meridian sanitary sewer collection system serves a population of approximately 70,000 people, within approximately 55 square miles, and with approximately 25,500 connections. Infrastructure consists of 12 lift stations, over Page 1 of 4 400 miles of gravity pipe and over 9,000 manholes. The 2010 Sewer Master Plan is intended to assemble and organize this information, present design criteria and assumptions, and examine alternative solutions with preliminary layouts and cost estimates for the collection system. The most recent sewer master plan that was completed was the 2005 Addition to the 2003 Sewer Master Plan. Typically, sewer master plans are completed on a five year cycle. The 2005 plan is outdated due to the explosive growth Meridian has experienced. B. Proposed Proiect This task order will update the existing collection system model, including incorporating previous models such as the Downtown Sewer Study, revising the land use and assumptions used to generate flows. The City's GIS system will play a vital role in updating the model and revising the flow generating portion of the model. The existing model will be used to determine deficiencies in the existing system and to provide parameters to be used in the 2010 Sewer Master Plan. Along with updating the existing system model, the sewer master plan will be updated to incorporate the changes in the impact boundary and to modify the sewer master plan in areas where development has taken place. The updated sewer master plan will provide the conceptual layout of the sewer trunk lines 10" and larger. The consultant will work with City staff to estimate growth patterns for the next five years and estimates of build -out densities and total build -out population. A Capital Improvement Plan will be developed to provide a prioritization for capital improvement projects based on the results of the existing system analysis and the growth projections. The task order will include two phases. The first phase will include investigation and data gathering and development of modeling methodologies. The second phase will utilize the methodologies to develop the models and complete the 2010 Sewer Master Plan. C. Consultant Selection The request for proposals for the 2010 Sewer Master Plan received six responses from Keller and Associates, Forsgren, Murray, Smith and Associates, Bowen, Collins and Associates, SPF Water and JUB Engineers. A selection team comprised of Public Works Staff ranked the proposals and JUB Engineers, Inc was chosen to perform the work. N. IMPACT A. Strategic Impact: This activity aligns with our department's future vision of becoming a fully accredited Department that has modern and reliable facilities in our collection Page 2of4 system and lift stations. The 2010 Sewer Master Plan will exemplify financial stewardship through the capital planning process and provide a roadmap for the collection system that is accessible to our customers during the development process. B. Service/Delivery Impact: The 2010 Sewer Master Plan will outline a process to address system wide growth, identify system deficiencies, and lay out a plan for system upgrades and expansion. Additionally, the 2010 Sewer Master Plan will provide a recommended operation and maintenance plan including recommended inspection and maintenance intervals for piping systems and pump stations. C. Fiscal Impact: Project Costs Consultant Agreement Time and Materials Not -to -exceed $149,761 Total Time and Materials Not -to -exceed $149,761 Project Funding 2010 Sewer Master Plan (3500-55090) $149,761 V. ALTERNATIVES A. The City could choose to complete this work in house. Due to the limited staff time that is available to dedicate to this effort, the 2010 Sewer Master Plan could take more than a year to complete. Without consulting modeling expertise and modeling training during the master planning process, the sewer model may not be fully developed or utilized. B. The City could put out a new RFP to select a consultant for this work. Since the Public Works Department used due diligence in the selection of JUB Engineers, Inc to perform the work, reissuing the RFP is not recommended. Additionally, due to the timeframes associated with this process, this would delay the selection of a consultant and the completion of 2010 Sewer Master Plan. V1. TIME CONSTRAINTS The 2010 Sewer Master Plan will provide an updated existing and future sewer collection system model that will be invaluable when reviewing developments in house for sewer serviceability and available capacity. Council's approval of the 2010 Sewer Master Plan allows Public Works to complete this project in a timely fashion. Vll. LIST OF ATTACHMENTS Page 3 of 4 • • • A. Task Order 10023 with JUB Engineers, Inc for the 2010 Sewer Master Plan. e r Approved for Council Agenda. Page 4 of 4 1/, 4 �, Date ID � (�MIE IZ IAN,—woo; PURCHASING AGENT 33 E. Broadway Ave, Meridian, ID 83642 Phone: (208) 888-4433 x 417 Fax: (208) 887-4813 TASK ORDER NO. 10023 Between CITY OF MERIDIAN And J -U -B ENGINEERS, INC. This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, covenant and conditions contained in the Master Agreement between the above-mentioned parties approved by City Council on December 12, 2006, and executed January 30, 2007. 2010 SEWER MASTER PLAN - TASK ORDER 10023 SECTION 1- PROJECT UNDERSTANDING The following describes J -U -B's understanding of the "project". The City of Meridian ("City" or "Client') wishes to develop a sanitary sewer master plan with the following general components: • Existing System Analysis to identify system deficiencies. • Sanitary Sewer Master Plan to provide a plan for the future sanitary sewer system. • A Capital Improvement Plan for improvements needed in the next five years. • A working existing system model in GIS format that City staff can utilize to answer internal and developer questions. • Training to utilize the software selected by the City. • Protocol for maintaining and utilizing the existing system model. • Optional — Add a committed flow layer in the existing model to account for approved developments. This project will update the existing system model, including incorporating previous models such as the Downtown sewer study, revising the land use, and assumptions used to generate flows. The City's GIS system will play a vital role in updating the model and revising the flow generating portion of the model. The existing model will be used to determine deficiencies in the existing system and to provide parameters to be used in the Master Plan. Along with updating the existing system model, the Master Plan will be updated to incorporate the changes in the impact boundary and to modify the Master Plan in areas where development has taken place. The updated Master Plan will provide the conceptual layout of the sewer trunk lines 10" and larger. J -U -B will work with City staff to estimate growth patterns for the next five years and estimates of build -out densities and total build -out population. A Capital Improvement Plan will be developed to provide a prioritization for capital improvement projects based on the results of the existing system analysis and the growth projections. The project will include two phases. The first phase will include investigation and data gathering and development of modeling methodologies. The second phase will utilize the methodologies to develop the models and complete the Master Plan. Phase 1 — Initial Services Data Investigation: The integrity and completeness of the available data will be investigated to determine if further data will be required. This is anticipated to include GIS information, manhole elevation data, water meter usage records, record drawings, and flow monitoring information. Existina System Development: J -U -B will develop the existing system network components, verify system topology, and populate attribute information. This work can be performed parallel to the other Phase 1 tasks. Modeling Protocol; J -U -B will work closely with the City to develop existing, build -out, and master plan models for the Five Mile Trunk. Various methodologies for adding flows, running the model, and updating the model will be developed and discussed with the City, with the goal to determine an effective and simple methodology for the City to utilize for future operation and maintenance of the model. Phase 2 — Model Completion Existing Model: Based on the modeling protocol developed in Phase 1, develop the existing system model. Calibrate the model based on City's flow monitoring data. Supplement calibrated flows for existing system analysis. Master Plan: Master plan to City's Area of Impact boundary. Add flexibility in the boundary with Kuna to allow for boundary fluctuation. Capital Improvement. Plan: Develop five-year growth plan with Public Works and the Planning Department. Model growth to determine and prioritize pending capital improvement projects. Training: Provide regularly scheduled meetings with City staff to review progress and steps of model development. Send examples of model steps and directions for City staff to work on as model is being developed. APWA Accrgdditation: Review model and master planning tasks with the City's intended accreditation process. SECTION 2 — ITEMS TO BE PROVIDED BY THE CLIENT TO J -U -B • The most recent aerial mapping will be provided in digital format, compatible with ArCView including aerial mapping that encompasses the new impact boundary. • Monthly water meter data for last five years in electronic format. • Electronic copies of GIS layers and geodatabases for use in developing the models, including the sewer layers, the parcel layers, and base map layers. • Record Drawings for developments in the study area as needed to supplement existing GIS data. • Development plans and preliminary plats for new developments in the study area. • The Comprehensive Pian or land use to be used if other than the Comprehensive Plan. • Criteria to be used to prioritize improvements identified in the Capital Improvement Plan. • Staff availability and office space for training. • Timely review of submitted materials and collaboration on the planning and master planning process as may be required throughout the project. • Project liaison to coordinate interdepartmental internal processes. • Copy of the Re -use Water Master Plan. • Flow monitoring data and infiltration/Inflow analysis. • WWTP and lift station flow records. • Lift station pump curves and design. • System condition survey information from ongoing "Hansen" conversion. • Diversion structure operating setup information. • Access to the sewer system, lift stations and wastewater treatment plant as needed to verify operation and model results. • Public Works Standard Operating Procedure Template. SECTION 3 — SERVICES TO BE PERFORMED BY J -U -B — Phase 1 3.1 PRELIMINARY WORK Gather information required for use in the project. This task will include the following subtasks: Meet with City staff to determine available information that will assist with model development including, but not limited to: GIS data, SCAOA data, treatment plant and lift station flow data, water meter data, land use information, record information, and known trouble spots within the system. Meet with City's GIS staff to review existing information including geo-networked system information and to discuss and jointly determine acceptable methodologies for updating data and providing results. 2. Record Drawings - Collect record drawings and design drawings when record drawings are unavailable for recent development not currently in GIS or with incomplete GIS data. 3. Land Use - Collect land use information such as the Comprehensive Plan and existing zoning maps. 4. GIS - Collect GIS data and GIS Coordination — Coordinate with the mapping staff to determine the format of existing data, format of model data, additional fields that may be required, and how to exchange data from the GIS master data and the model. GIS coordination shall be an ongoing task throughout the project. We anticipate two GIS coordination meetings. 5. Flow Monitoring Data from 2009 Inflow Investigation Project 6. Lift station SCADA data. 7. Other Data — Other data to be compiled and evaluated, if available: • Treatment plant flow data — Collect daily treatment plant flow data (in electronic format) for the last five years to determine peak infiltration times and to assist in calibrating the model. Compile seasonal high hourly WWTP flows (in electronic format) for at least four consecutive weeks in each of the last three years. Determine if more refined data can be acquired during flow monitoring to assist in calibration. • Industrial flow data — Collect industrial flow data from pretreatment program. • Rainfall data — Use WWTP rainfall data and other sources in the city to relate rainfall data to inflow data at the treatment plant and at flow monitoring locations if a rainfall event occurred during flow monitoring. • Rock depth - Search for area -wide rock elevation information to assist in decisions regarding deep trunk sewers versus lift stations. • Floodway/floodplain information — Compile FEMA data to determine floodway corridors and floodplain information for use in developing land use information and development limitations. 3.2 EXISTING SYSTEM DEVELOPMENT Update the existing system model to determine the existing conditions of the City's sewer system. The tasks involved to determine the existing conditions are as follows: Update Existing System The existing system layer will be generated from the City's GIS layer and from the previous model data and record drawings for trunk lines supplied by the City in Task 3.1. The City's GIS data shall be checked against the previous model existing system layer to locate discrepancies between the model and the GIS data. Discrepancies shall be reviewed with City staff, field -checked, and modified, if necessary. Modifications to the GIS data will be coordinated with mapping staff. The model shall use inverts from the City's GIS where available. The GIS inverts shall be supplemented with inverts from the previous sewer model. For trunk lines 10 -inches and larger, if inverts are not available from GIS or the previous model, the City shall field survey the manholes and provide the information for the model. Eight -inch lines shall be added to the model to facilitate flow routing from the flow generation layer. Record invert data shall only be used for the eight -inch lines if already available in GIS. Otherwise, the inverts shall be generated based on the City's manhole dip depths and existing contour topography. Generated inverts shall be clearly identified in the GIS data. 3.3 MODEL DEVELOPMENT PROTOCOL Develop model development options and review with City staff. This task will include hands-on demonstrations of model development options and discussion of advantages and disadvantages of various options. This task will focus on two related issues: how the model is constructed and how it is maintained. Completion of an agreed-upon model and modeling protocol will serve as the platform for the service area -wide work completed in Phase 2. 3.3.1 Model Development Utilize existing system with Five -Mile Trunk active. Develop several modeling alternatives for the existing model and master plan model and review and discuss with City regarding ease of use, ease of maintenance, ability to represent field -measured flows and ability to review development requests. 3.3.2 Model Maintenance and Workflow and Model Update SOP (Standard Operating Procedures) Work Flow and Model Update SOP — J -U -B will work with City staff to develop and document a standard operating procedure for evaluating proposed development, creating model scenarios for evaluation, update/storage of existing model update (when development is completed). The SOP will be developed with input from Engineering, Development Services and GIS staff and documented in a format consistent with the Public Works standard formatting. 3.3.3 Workshops with City staff to coordinate model development and implementation include GIS, Development Services, Operations, Engineering, Planning and Finance. Where possible, workshops will be scheduled sequentially or combine City divisions where appropriate. 3.4 PHASE 1 Summary Prepare a short summary of the assumptions and methodologies to use in Phase 2. A draft of the SOP will be provided. SECTION 4 — SERVICES TO BE PERFORMED BY J -U -B - Phase 2 Phase 2 tasks may vary depending on the outcome of Phase 1. The scope and fee for Phase 2 may be adjusted as necessary at or near the completion of Phase 1. 4.1 DEMOGRAPHICS ANALYSIS J -U -B will work with City staff, including the Planning Department, to estimate growth patterns for the next five years, as well as an estimate of build -out densities and total build -out population. 4.1.1 City GIS data, building permit and sewer hook-up data will be used to check historic growth trends. 4.1.2 Evaluate water meter data versus Certificate of Occupancy records to estimate current vacancy rate for use in calibration. 4.1.3 The Consultant shall meet with City staff to review the forecast data and historic growth trends to determine if the forecast data requires general modifications or further analysis. If necessary, further analyses of the data shall be performed as an additional service as indicated in Section 5. 4.1.4 The assumptions used to develop the projected demographics and the results of the demographic analysis will be compiled in a letter to the City for confirmation. 4.1.5 Review localized land use plans for City concurrence such as: 1) Ten Mile Specific Plan, 2) Downtown Master Plan (being conducted by MDC) and 3) Eagle Island Area. 4.2 EXISTING SYSTEM EVALUATION Update the existing system model to determine the existing conditions of the City's sewer system. The tasks involved to determine the existing conditions are as follows: 4.2.1 Develop Flow Generation Layer The flow generation layer shall be developed based on the methodology selected in Phase 1. Flow generation shall be based on parcel characteristics or specific water use data from meters. Specific GIS parcel data and/or water meter data shall be used to determine the type of land use for the parcel and whether the parcel is developed or vacant. Land use will be reviewed with City staff to determine areas indicated as developed, but not attached to City sewer. Flow monitoring data, water use data, and historic modeling data will be used to generate flow characteristics to be used in the model. Specific flow data for industries will be utilized where available. 0 4.2.2 Infiltration and Inflow Analysis • From the City's flow monitoring data, our additional flow monitoring data (if necessary), lift station SCADA and treatment plant data, delineate system characteristics and determine high and low infiltration periods and general geographic areas. • Review Inflow Study, currently under contract with others. • Review rainfall and available flow data (WWTP) to assess general inflow impacts. • Determine return period for inflow analysis. • Apply infiltration and inflow data to the model. • Further analysis of infiltration and inflow may be required for lines with capacity concerns. Additional infiltration and inflow analysis shall be performed as indicated in Section 5. 4.2.3 Calibrate Model J -U -B shall calibrate the model based on the flow monitoring information. The calibration process will consist of the following: • Run model and correct major discrepancies in flow, if observed. • Run model and modify flow parameters until satisfied model run represents flow monitoring data. 4.2.4 Analyze Existing System J -U -B shall modify the calibrated model by adding inflow to the infiltration. The modified model will represent the conditions of existing sanitary flow, the high infiltration season, inflow from a rainfall event, and wet industrial flows at their permitted amount. The amount of inflow will be based on WWTP flow data and flow monitoring data, if applicable. The results from the existing model will be analyzed to determine excess capacity in the system and to identify potential problem areas. 4.2.5 Analyze Committed Flows J -U -B shall modify the existing model to account for approved developments. Flows will be added as point flows for each development and reduced by a general ratio to account for portions of the development contributing flow in the existing model. 4.3 2010 MASTER PLAN UPDATE J -U -B shall develop the Master Plan based on the following: • Modifications to the Master Plan boundary. • Resultant changes downstream of the boundary changes. • Changes within the Master Plan due to development. The Master Plan will be updated with the aid of MW Soft's InfoSWMM. The software will be used as a tool to assist in establishing conceptual sewer alignments for major and minor trunks (19' and larger) throughout the new portions of the study area and make appropriate changes to the Master Plan's surrounding areas and downstream of the new areas. 0 The tasks required for update of the Master Plan shall include the following: 0 4.3.1 Develop Ultimate Land Use Flow Generation Layer J -U -B shall develop the land uses for the Master Plan based on the City's Comprehensive Plan and based on the City's recommendations regarding land uses and density and approved localized land use studies. J -U -B shall check the densities of a representative sample of recent residential developments in the study area to determine if the current Master Plan land use designations are reasonable and will modify the current Master Plan land uses accordingly. For budgeting purposes, it is assumed that parcel -based flow generation will be used in the Master Plan. 4.3.2 Develop Sewer Trunk Master Plan J -U -B shall develop a sewer trunk Master Plan. The Master Plan shall conceptually lay out future trunk sewers 10" and larger required to serve the ultimate service area. The Master Plan shall be developed with a computer model as follows: Ultimate Service Area Layer The Master Plan service areas shall be developed based on existing topography and current political boundaries. Ultimate Land Use Layer The ultimate land use layer will be developed for land use areas in the study area. The land use designations will be based on the land use from Section 4.3.1. Ultimate System Layer Trunk lines will be generally routed along the drains and major roads based on the topography. Existing master plan routes will be examined for routing efficiencies and effective area serviceability. The model will be used to size the future trunk tines (10" and larger) and estimate the vertical alignment. Drain crossings shall be field -checked if they are determined to potentially affect the vertical alignment. J -U -B shall use a vertical separation criterion of three (3) feet between the drains and the master -planned lines or identify on the Master Plan drawing if a depth of less than three (3) feet is expected. 4.3.3 Modify Master Plan for Developed Areas J -U -B shall modify the Master Plan in the areas affected by recent development added to the existing system. Changes will include modifying the system layer to account for the new recently constructed trunk lines. The service areas will also be checked against the development plans. 4.3.4 Determine Routing Through Existing System Determine routing through existing system and previously master -planned area. J -U-6 shall modify the existing Master Plan to accept flows from the new areas. Line sizes shall be modified as needed and, if necessary, new lines shall be added and existing lines relieved with parallel lines. E. 4.3.5 Master Plan Analysis and Results After the modifications listed above are made to the Master Plan, the sewer model will be run and pipe sizes modified, as necessary. The model results will be plotted and reviewed. Master Plan results shall be reviewed with City staff as outlined below. 4.4 PHASING/CAPITAL IMPROVEMENT PLAN A Capital Improvement Plan will be developed to provide a prioritization for capital improvement projects based on the results of the existing system analysis and the growth projections and utilizing the recommended line sizes from the Master Plan. 4.4.1 Meet with City staff to determine prioritization criteria to apply to the lines requiring improvement. Develop a prioritization routine that utilizes the criteria. 4.4.2 Analyze relief improvements and implement an optimization analysis with agreed evaluation assumptions. Meet with the City to rank alternatives and develop the preferred alternatives. 4.4.3 Utilize the prioritization routine to develop the Capital Improvement Plan for five years. 4.4.4 Assess the downtown sewer system and coordinate phasing plan with the Downtown Sewer Study. 4.5 PROGRESS MEETINGS, WORKSHOPS AND TRAINING Training shall be performed with three general methods: 4.5.1 Regularly scheduled meetings — City staff will meet at J -U -B weekly or bi-weekly, depending on work flow, to experience witness development of the model. Model progress and major steps will be reviewed. 4.5.2 Work Flow Examples — J -U -B will provide workflow examples and instructions to City staff. City staff can complete work flow examples in parallel with model work flow for a better understanding of model development. 4.5.3 In -House Training — After completion of the model, J -U -B shall train City staff how to use the model, run through an example of model modification, and review the City's use of the model. J -U -B shall provide assistance as the City becomes familiar with the model and to answer questions as they arise. In addition to the above training tasks, the following progress meetings and workshops shall be included: 4.5.4 Meetings With Non -City Entities — conduct meetings with other entities as necessary to gather information pertinent to model development and the Master Plan. Meetings include: • Meridian Development Corporation and its Downtown Master Planning consultant; 9 0 COMPASS planning and demographics staff; and 4.5.5 Presentation to City Council — J -U -B will assist City staff with presentation of the Sewer Master Plan to City Council. J -U -B will provide large format exhibits and assist Public Works staff with development of a PowerPoint presentation. 4.6 FINAL PRODUCT J -U -B shall prepare a Meridian 2010 Sewer Master Plan Report summarizing the work performed and the results. J -U -B shall submit a draft copy of the report for review and comments. Ten (10) copies of the final draft shall be provided as well as an electronic form of the document in pdf format for the report and dwf format for the large drawing(s). Deliverables: 1) Tech Memo 1 — Phase 1 Tech Memo 2) Final Report 3) Model Update SOP - Prepare staff manual outlining steps for GIS department, Development services, public works, etc SECTION 5 — ADDITIONAL SERVICES At the request of the Client, the following tasks may be performed: 5.1 ADDITIONAL SURVEY If necessary, additional manholes and drain crossings shall be field -checked per Section 3.2. 5.2 ADDITIONAL EXISTING SYSTEM MODIFICATION This task shall be used if there are significant discrepancies between the City's GES data and the latest existing system data. Record drawings, field -checks, and field surveys shall be used to rectify discrepancies. 5.3 ADDITIONAL MONITORING AND INFLOW ANALYSIS Additional inflow analyses may be performed for trunk lines with capacity concerns. This analysis may include flow monitoring for up to six weeks at up to two sites, review of historic lift station data, and development of inflow parameters for the trunk line(s) in question. 5.4 ADDITIONAL GIS SERVICES Provide assistance to the GIS department for general GIS services and support for integration with the City's infrastructure management software. 5.5 MISCELLANEOUS SERVICES 5.4.1 Operation and Maintenance - Identify potential locations of odor generation due to system hydraulics. Conduct interview and field visit with operational staff to qualitatively evaluate odor generation status. Evaluate existing diversions on relief sewer lines to estimate actual field operating conditions and, if necessary, develop recommendations for increasing operational and flow efficiency. 5.4.2 Energy Efficiency - Conduct lift station monitoring and review pump records to determine where pumps are operating at the original design point on their pump curve and evaluate if potential exists to increase pump efficiencies. Review temporary lift station locations and determine steps for replacement of lift station with gravity sewer service. SECTION 6- PROJECT SCHEDULE The project schedule will be dependent on flow monitoring for the existing system analysis. The flows will need to be monitored during the peak infiltration season. The peak infiltration season will be determined from treatment plant records during Task 3.1, Preliminary Work. The rest of the schedule will be dependent on the flow monitoring schedule as indicated below. Task 3.1 - Preliminary Work - Will commence with Notice to Proceed. Shall be completed 4 weeks after Notice to Proceed. (Task 3.1.7 - GIS Coordination will be an ongoing task throughout the project) Task 3.2 - Survey - This is a support task for Task 3.3, Existing System Development, and Task 4.3, 2010 Master Plan Update. This task schedule will run parallel to those tasks. Task 3.3 - Existing System Development This task shall be completed 6 weeks after Task 3.1 Is complete. Task 3.4 - Model Development Protocol - This task will be performed in parallel with Task 3.3 and completed 6 weeks after Task 3.1 Phase 2 - To be completed within four months of the completion of Phase 1. BASIS OF FEE AND BILLING SCHEDULE: The CITY will pay ENGINEER for its services and reimbursable expenses as follows: Refer to Attachment `7. I* CITYOF MERIDIAN BY: Waz TAM de WE ,MAYOR Dated: 0 (- Io, ;LQ 10 Approved by City Counci Attest: C Cil J -U ENGINEERS, Inc. 14Ltl i, BY: Dated Ila 111.1' %D OF , el'10�11 o JAYCEE L) HOLMAN, CITY CLER@( 9 Approved a to Corrt BY: KEIT ATTS, PURCHASING AGENT Dated: /, k- O r C�' Approval TITLE: I 'St C111, Cna elc Dated: 01 to q1I0 • • 0 s a a Ja m m E FN W 3 i � q .°°+•p�p n�� N b R � e o� n m� I opo a � m� N m m� roq N N to N N N N' N N N N N 1 N N N N N N N N N 1 ti ry �1 i I I 1 N ✓ N ' i 1 i • N JI � M ti eel M � yl N O N N G H G M IVw 1 41 N N N UI N N ✓� m 4u}} N N N Y^1 of . N YI N UI Tr N i 0 0 0 0- 13 0 i I i 1 6 1 K I i bC 4 �oy I 9� i �■g I 113e ?g'-Y� F$ 6 9�g'a 'S c I x c m g c a E R � E $ __ OR _ S T m (%1 w1 m NI GIJLJ I 0 s a a Ja m m E FN W 3 C 4 0 N N � S ui o a V� 2' 0 Yqyyrr u V� N M in Ngo m Of 4 N•m O � M1� aa N '•I N [% N e w ff H N �h NDN• N N N � N� :� O M N N �� N �:M V n. 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N M y� V Rj O �•1 N ah p +g 0 N N � S ui o a V� 2' • • • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. 51 REQUEST Change Order No. 1 Pursuant to Master Agreement Dated January 27, 2007 with Hydro Logic, Inc. for Well #28 Hydrogeological Services for a Not -to -Exceed of $23,786.19 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PURCHASING 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. • EN?!ANPublic AHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Worthington, P.E. Staff Engineer DATE: 12/16/2009 Mayor Tammy de Weerd en„ c.na.n Kendwst Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: CHANGE ORDER #1 WITH HYDRO LOGIC, INC. (MASTER AGREEMENT DATED 1-27-2007), FOR WELL #28 HYDROGEOLOGICAL SERVICES IN A NOT TO EXCEED AMOUNT OF $23,786.19. (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: Approve change order #1 with Hydro Logic, Inc. for Well #28 hydrogeological services in a not to exceed amount of $23,786.19. 2. Authorize the Mayor to sign the change order. II. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer (Project Manager) 489-1349 Kyle Radek, Asst. City Engineer 489-1343 Warren Stewart, PW Engineering Manager 489-1350 Tom Barry, Director of Public Works 489-1372 Page 1 of 2 ole, lele / / z/-7/ `t III. DESCRIPTION A. Background 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 task order with Hydra Logic was approved on 2/18/2009 for the design of the test well, supply well and preparation of documentation in the amount of $57,420. This change order is in the amount of $23,786.19, bringing the total contract amount to $81,206.19. B. Change Order The original task order was created for design of both the test well and the supply well. At that time, Hydro Logic envisioned an 800 -foot deep test well with three piezometers. With the approval of the Public Works Director, the depth of the test well was ultimately increased to approx. 1,300 feet with seven piezometers. This additional depth more than doubled the scope of work and difficulty, owing to more complicated construction, sealing, development and sampling. Increasing the depth of the test well provided a valuable opportunity to the City. There has been an emerging realization that there may be ground water geochemistry challenges on the south side of town. Also, the City is in the process of conducting a hydrogeoiogic framework study of the aquifer system relied upon for municipal supply. The increased depth of the test well has provided valuable information in these regards. As a result of the increased depth, a total of six (6) potential target aquifers were pierced and located. IV. IMPACT A. Strategic Impact: This 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 stewardship. B. Service/Delivery Impact: Currently, there are no water supply wells in the 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 distribution and fire flow. C. FiscalImnacts: Consultant Agreement $57,420.00 Change Order $23.786.19 Final Costs $81,206.19 D. Project Funding Enterprise Fund for Well #28 $725,889.16 V. LIST OF ATTACHMENTS A. Contract Chang;7zo: Approved for Council Agenda:Z, Z D e Page 2 of 2 r' A� 0 0 0 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No.: 1 Pro)ect Numbm: 733 Date: 12/17/2009 Effective Date: CONTRACTOR: Hydro Logic, Inc. PROJECT: Well 28 Design The Contractor Is hereby directed to make the fotiowing changes from the Contract Documents and Plans. Desciption: 1) Additional time and difficulty required to design and drill deeper test well. 2) 3) Reason for Change Order: Additional work required resulting from deeper best well drilling and more complicated construction, sealing, dvelopment and sampling. Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $57,420.00Original Contract Completion Date: lOdginal Contract Completion Days: Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 2 to 2 No. 2 to 0 $0.00 Contract Price Prior to this C.O.: Contact Completion Date before this C.O.: $57,420.00 Net Increase (decrease) of this C.O.: Net Days Ing (decrease) of this C.O.: $23,786.19 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: $81,206.19 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED ( TOR) 4 f " Data: jZ — Z / — © Data: 1- 4 -o APPROVED: (ciTY PuRc ING AG COUNCIL APPROVAL By: Keith Watts / !t �����1u1nu►►►►!''' Date: _ 8 , d Date: APPROVED•.4mv) �9 -�T ATTEST, `1 O By. Mayor T d eerd By: City Cleric, J Holman w Dabs:` e�010 �' j—rZ—Vol C3: 9 C? • • • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. SJ REQUEST Findings of Fact and Conclusions of law for Denial RZ 09-004 Cabella Creek by Coleman Homes AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PURCHASING DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. 6 REQUEST Swear In City Council Member for Seat No. 2 - Brad Hoaglun 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 PURCHASING 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. OFFICIAL OATH OF OFFICE I, Brad Hoaglun do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and the Laws and Ordinances of the City of Meridian, Idaho and that I will to the best of my ability, faithfully perform the duties of the office of City Council of Meridian, Idaho, during my continuance therein, so help me God. Brad Hoaglun Subscribed and sworn to before me This 12th day of January, 2010. Tammy de eerd Mayor —City of Meridian F s F Filed l� SEAL = -�O tS� go Jayce . Holman City Clerk — City of Meridian • • • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. 7 REQUEST Swear in City Council Member for Seat No. 4 - Keith Bird AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PURCHASING DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See Attached Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. OFFICIAL OATH OF OFFICE I, Keith Bird do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and the Laws and Ordinances of the City of Meridian, Idaho and that I will to the best of my ability, faithfully perform the duties of the office of City Council of Meridian, Idaho, during my continuance therein, so help me God. ith Bird Subscribed and sworn to before me This 12th day of January, 2010. Tam y e Weerd May &,—,' City of Meridian Filed 1 11"/6 11111111,,,,, Jayced.J1. Holman City Clerk — City of Meridian N+ • MERIDIAN CITY COUNCIL MEETING APPLICANT January 12, 2010 REQUEST Election of New City Council Officers AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: , CITY PURCHASING DEPT: CITY PARKS DEPT: P� MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: nn ^ Y� • SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS ITEM NO. S /Z Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. 9A1 REQUEST Resolution No. '�% OBJ : Appointing Scott M. Freeman to Seat No. 4 of the Planning Zoning Commission AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PURCHASING 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: 0 Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. 10-70-5 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING A COMMISSIONER TO SEAT 4 OF THE MERIDIAN PLANNING AND ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 4 establishes the Meridian Planning and Zoning Commission, its members and terms of their appointments; and WHEREAS, Seat 4 of the Meridian Planning and Zoning Commission is vacant with a term to expire in January, 2015; and WHEREAS, Scott M. Freeman may be appointed to Seat 4 to fulfill the remainder of the term to expire in January of 2015; WHEREAS, the City Council of the City of Meridian deems the appointment of Scott M. Freeman to Seat 4 to be in the best interest of the Meridian Planning and Zoning 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 § 2-4-1, Scott M. Freeman is hereby appointed to Seat 4 of the Meridian Planning and Zoning Commission, for a term to expire in January, 2015. 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 12th day of January, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this 12th day of January, 2010. APPROVED: y de Weerd ATTEST: � o By:SEAL Jaycee ' -L. Holman, City Clerk = 7G O RESOLUTION APPOINTING SCOTT M. �1VIERIDIAN PLANNING AND ZONING COMMISSION �����i��iiisi �i�����°�°`'� Page 1 of 1 October 21, 2009 Mayor Tammy de Weerd City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 Re: Letter of interest for Appointment to Planning & Zoning Commission Mayor de Weerd, I respectfully submit this Letter of Interest in the available seat on the Planning & Zoning Commission. I was contacted recently by Pete Friedman regarding this opportunity. I worked with Pete and Will Thornton as a volunteer community professional in the development of the new Meridian Design Manual, and have continued my interest in community development by serving on P&Z's Design Professionals Committee. I see participation on the Commission as another opportunity to serve the City of Meridian in a volunteer capacity in an area where my professional training and experience as an architect may be of use. With this letter I have included m Application y pp cation and a resume. I have been a licensed architect practicing in the Treasure Valley my entire career since 1991, and have lived in Meridian since 2005. 1 have served as a principal of Johnson Architects since 1999, and in 2002 we relocated our firm from Nampa to Meridian. My business partner Walter Lindgren and I have both enjoyed involvement in the City of Meridian in various volunteer capacities ever since, and received a Meridian Small Business of the Year Award in 2007. I think my training and experience as an architect could benefit the City of Meridian as we try to promote growth in a way that benefits and beautifies the city, rather than creating future obstacles and blight. I would be happy to speak with you further to answer any questions you may have regarding my interest in and qualifications for the position. Thank you for your consideration. �E IDIAN- Application to be Considered for City -Appointed or Volunteer Positions s Position Applying for: O Parks & Recreation Commission 0 Planning & Zoning Commission O Meridian Arts Commission O Historical Preservation Commission O Traffic Safety Commission O Meridian Transportation Task Force O Impact Fee Committee O Solid Waste Advisory Committee O General Volunteer Position on Special Projects or Events as Needed (appointment not required) Name: 4'1T IA. Home Address: 185 W. 83ry9YP Telephone: 4a+. W-1 E -Mail Address: ebco _J_gft&i ig &_%iGn�ah;" eam Occupation: 4G=1i'C4 Are you a resident of the City of Meridian? W Yes O No If not, do you live in Meridian's area of impact? O Yes O No Why do you want to become involved? T_ ow& 9 &4e__A-eaym 4hA hA'R-.A A&g, o-Vhc new Mevielu�:. t�si:n., McGy►yc.�0 Do you participate in any local service clubs or other organizations? Yes O No What areas of city government are of most interest to you? Have you participated in any level of volunteer government service in the past? O Yes X No If so, please list: Do you understand the time tinea recommendations? O Signature to attend meetings and review/research data to make Date 21 oGZ'aq Please return your Wleted application, resume, and letter of interest to: City Clerk's Office, City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642 9 Phone: (208) 888-4433 Fax: (208) 888-4218 Scott AIA — Design dlanag►ei • Architect, 19 Years Experience • BA, Architecture Cal Poly State University, San Luis Obispo, CA Member AIA 4• Experienced in all phases of Architectural Practice: Pre -Design through Construction Documents • Volunteer Contributor - City of Meridian Design Manual • Certified with National Council of Architectural Registration Board (NCARB) • LEED Accredited Professional • Leadership Meridian, Class of 2002-2003. • Meridian Chamber Board of Directors ENGINEERED STRUCTURES, INC. - BOISE, ID - Design Manager Scott currently works with ESI as the company's Design Manager. He leads and coordinates teams of various design professionals in developing the company's Design/Build projects. He also offers the unique perspective of a design professional to Idaho's largest General Contractor, giving the company a rare ability to communicate very effectively in cooperation with the architects and engineers of the buildings they construct. Scott also served as president of Johnson Architects in Meridian, Idaho, from 2002 — 2009. In addition to his 16 years as a practicing licensed architect, as well as his experience in firm administration and management, Mr. Freeman's experience in BIM (Building Information Mode0q) has enabled him to manage the coordination modeling effort for projects like BSU's new Center for Environmental Science and Economic Development Building. RECENT PROJECT EXPERIENCE: Center for Science and Economic Development — Base State University 97,000 SF five story research building I Fain 2010 - Building Information Model Manager, Design Manager Juvenile Corrections Center 24 Bed Mental Health Facility Addidon/Remodel - Nampa, Idaho - Principal -in -Charge, Programming Idaho Urologic Institute Surgery Center, Meridian, ID 40,000 SF freestanding medical office complex Principal — in — charge / Project Architect Micron ElectronicsMostpro Data Center— Los Angeles (two buildings) - Project Architect Micron Electronics Customer Briefing Center - Nampa, ID NIH Rocky Mountain Laboratory — Hamilton, MT Campus Renovation / Additions - Assistant Construction Administration Architect Employment History • Design Manager, ESI, Meridian, ID 2009 - Present • Principal, Johnson Architects, Meridian, ID 1999 - Present • Project Architect, ElIfth-Romminger, Boise, ID 1997-1998 • Projectt Architect, Olson & Associates, Nampa, ID 1995-1997 • Project Architect, CSHQA, Boise, ID 1991-1995 • • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. 9142 REQUEST Resolution No. �Q ' �O�Q : Appointing James L. Escobar, Sr. to Seat No. 1 of the Meridian Development Corporation 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 PURCHASING 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. CITY OF MERIDIAN RESOLUTION NO. `O - —] BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING JAMES L. ESCOBAR, SR. TO SEAT 1 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Development Corporation has been established by actions of the City Council of the City of Meridian pursuant to the Idaho State Code as the Redevelopment Agency for the City of Meridian; and WHEREAS, that action further established its members and terms of their appointments; and WHEREAS, Seat 1 of the Meridian Development Corporation is vacant with a term to expire on August, 2010; WHEREAS, James L. Escobar, Sr. may be appointed to Seat 1 of the Meridian Development Corporation to expire on August, 2010; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the respective appointment of Board Member James L. Escobar, Sr. as recommended by Mayor De Weerd and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, James L. Escobar shall be appointed to Seat 1 of the Meridian Development Corporation, which term shall run through August, 2010. Section 3. 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 I�- day of %4A, 1416 1 A 2010. APPROVED by , 2010. ATTEST: By: _Jn Jaycee the Mayor of the City of Meridian, Idaho, this day of APPROVED: Orr OST ' Fo City Clerk EAL Weerd RESOLUTION APPOINTING JAMES L. ESCOBARf,OIJO 1DB"E D , 0RP0RATI0N - PAGE 1 OF 1 0 12/2/09 Attn: Mayor Tammy de Weerd Cc: Robert Simison Meridian City Hall 33 E. Broadway Avenue Meridian, ID 83642 { t � ne design - Centrally Located in Meridian, Idaho — moo 884-2824 — design@neudesignarch.com — Re: Meridian Development Corporation - Board Opportunity Dear Mayor Tammy de Weerd: This letter and attached resume are being sent to you in anticipation you may consider me a viable candidate for the recently vacated position within the MDC Board of Commissioners. I am a licensed architect in the state of Idaho, have worked here for my entire professional career, and am well versed on what makes cities healthy. I have both lived and operated my businesses for nearly five years in the city of Meridian, leaming at a young age how to make a business successful even in a recession. Recently we have opened the doors of our architecture firm and of our design -build construction company at our new location, right here in the downtown core. At the University of Idaho, my Master thesis project from 2000-2002 was specifically focused on the means to develop healthy downtown cores and traditional neighborhood developments (TND's). It is my/our firm's desire to be strongly involved with the planning and development within the city we work and live, to provide intellectual and local support of smart growth options. Thus the reason we first became aware of and have started to get involved with the MDC. Two of the four city residents involved recently with the MDC design charette (which occurred on November 11) were my partner and myself. Though this is disheartening, with a lack of response from the community, I feel it is my duty to create more excitement and get even more involved. 1 have found success doing things of similar nature in my recent past, as the co-founder and leading managing member of the Tea Party Boise, LLC organization. I state this not for political purposes, but to show that motivation in a belief system found inside of me can result in much success. I presume this is probably the same thing that has led you to such fantastic success as Mayor of Meridian, even at a time when we had experienced such astounding growth in such a short period of time. In summary, with having a desire to improve our community, the knowledge to know what smart decisions are in our community's growth, a background and current practice in both architecture and construction operating within our city's downtown core, and a success record in creating a movement people can follow with their own hearts, I hope you may consider me an excellent solution for the recent vacancy in the MDC Board of Commissioners. Thank you for your time! Res , Ja es L. Escobar, Sr. NCARB Certified Architect, LEED AP & Small Business Owner Mailing: P O Box 901- Meridian, ID 83680,- Physical: 211 East Pine Avenue - Meridian, ID 83642 Office: 208-884-2824 9 Fax: 208-884-2824 • www.neUdesignARCH.com Objective To take an active role in the planning and development of the community I work and live. Education Fully licensed Architect in the State of Idaho, NCARB Certified, LEED Accredited Professional University of Idaho -Moscow, Idaho; Afto- of A►h hHecture and BS in A +u hh!ecdire Graduate GPA: Cumulative I, Recent 1% Undergraduate GPA: Cumulative 3.3. Recent 4.0 Computer Sldlis AutoCAD, Adobe PhotoShop, Sketchup, Microsoft Products, and marry other miscellaneous programs Work (Experience neUdesion Architecture: Business Owner & Principal Architect, Meridian, ID —1998 -Current • Initially created with a residential architecture focus, neUdesign has developed many more commercial, industrial and spiritual projects across the state. Our main purpose is fulfilling the design needs of U, our clients, creating not just an end product but an excellent process. • Developed with a contractor's mindset, our experience in architecture is much beyond the office. Boise Renovation: Business Owner, Architect & Builder, Meridian, ID — 2008 -Current • Design -build is a process that not only saves the client dost, but can save much time, effort, detail, and simply creates a partnership approach to the process of design and construction. When the architect is the builder, answers are known and the goal is to service the client. ■ Focus is on the quality of the process, not solely the end product. We take the fear out of construction. Sales & Management: Hansen -Rice, Inc., Industdal/Commercial General Contractor, Idaho - 2003-2009 • Basic job description as Program Manager was to develop numerous new mufti -million dollar project leads/contacts and solicit those new clients with our services; manage the bid prods, which includes managing estimators, project managers, designers, subcontractors, schedules and the client; dose the sale and contract; manage the conshuction of the project which includes working with the design team, project managers, subcontractors, and client~ and maintain relationships for future work. • Performed the design side, and was the managing architect for several multl-million dollar projects. Architecture: CSHQA Architects and Planners, Boise, ID - 2002-2003; 2000-2001 Architecture: Design Resources Architects, Boise, ID - 2001-2002 Architecture/Drafting: Olson & Associates, PA, Boise, ID 1998-2000 Projects/Miscellaneous Experience • Meridian Magazine: The Power Players edition, June/July Issue of 2008 • Recognized by a local publication as one of "the most influential men in the valley" • Final Thesis Proiect Desion/Presentation: University of Idaho, 20OD-2002 • Traditional Neighborhood Developments (TND) was the focus and intent of the project • Designed an infill mixed-use urban node to create a sense of community for a neighborhood in Boise • Sustainable constriction practices and cost effective design principles • Thesis involved one year of research and another year of developing project design • ICMA Design Comuoetition. October of 1999 • This project was hosted by the Idaho Concrete Masonry Association. We were to design a theater/cafe using CMU. Each participant rendered elevations, sections, site plan, floor plan, perspective, and did a model. I chose to include a digital model for review. • (CMA 9"t Place WMnerof the Award of Excellence, and scholarship recipient • Main Idea was to include an urban/multi-use structure so it would set a standard for other buildings to be built along this important street in Moscow, ID • Wise %N Storage Shed Addition, Spring to Fall of 1998 • Volunteered time with a local non-profit organization, which operates a homeless shelter • Designed a sorting/storage shed, rendered all plans necessary for me to obtain construction permits • Volunteered countless hours to the design and construction of this project, as well as others • Organized volunteers to assist with construction, took on the role of architect and contractor • NAWIC Fire Station Design Competition, 1996-1997 • This architectural drafting/design contest was sponsored by NAWIC, National Association of Women in Construction. The challenge was to design a project given certain constraints, and develop drawings. • National 2nd Place and Regional a Place Winner, and scholarship recipient for 4 years • Designed a fire station that could house up to 14 firemen, including all living areas • Hand rendered site plan, floor plan, elevations, sections, details, and perspective drawings Activities/Hobbies • Entrepreneur, Marketing Director and Co -Owner of invention SpotMe Bookmark • Co -Creator, Owner and Managing Member of patriotic activity group Tea Party Boise • Member of BNI Idaho, Meridian Treasure Valley group • Member of National Council of Architectural Registration Boards (NCARB) • LEED Accredited Professional (LEED AP) — A sustainable design/construction accreditation process • Licensed Architect (required for licensure: degree at accredited school, 3-5 years Internship, testing) • Member of the Capitol City Lodge 093, Ancient Free and Accepted Masons • Significant immersion in self improvement and spiritual oriented literature and activities References and Iters of recommendation can be provided upon request. James L Escobar 899 Oxwlch Ave., Meridian, ID 83642 Arra "deslanARCH.com (208) 8842824 • 11 • MERIDIAN CITY COUNCIL MEETING APPLICANT January 12, 2010 ITEM NO. 9B1 REQUEST Discussion on Change of City Council Meetings AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PURCHASING 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: See Affached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTION 5 OF THE MERIDIAN CITY CODE, REGARDING DAYS AND TIMES OF THE CITY COUNCIL MEETINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the City Council determines the frequency and the agenda for City Council meetings; and WHEREAS the City Council does not currently have a need to meet four (4) times a month; and WHEREAS the City Council has the need to occasionally cancel meetings due to the lack of a quorum to meet; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 7, Section 5 of the Meridian City Code is amended to read as follows 1-7-5: CITY COUNCIL MEETINGS: A. Time Aand Place Oof Regular Meetings: j)—The regular meetings of the eCity cCouncil shall be held at the Meridian eCity hHall at 33 East Idahe Broadway S4eet Avenue, by the mMayor and c -City e -Council on the first, oeen , third ' and fourth Tuesdays of each month at seven o'clock (7:00) P.M. of said days. When necessary the City Council shall hold land use hearings at these meetings. 21 The City Council shall also meet on the second Tuesday of each month in a worksho format beginning at six o'clock (6:00) P.M. Land use hearings will not be held at these workshops unless an urgent need exists to reauire it. Workshops may be held in a more informal manner than a regular meeting. If a Tuesday meeting or workshop of any month is a holiday, city election, primary or general election, the meeting shall be held the Wednesday evening following at the same hour and place. B. Manner Of Conducting Meetings: There is hereby adopted by the city for the purpose of establishing rules and regulations for the conduct of meetings, the clerk's duties and the mayor's duties in relation to council meetings, the most current edition of "Robert's Rules Of Order (Revised)". C. Open Meetings: Meetings of the city council shall be open to the public pursuant to Idaho Code section 67-2341 et seq. D. Canceling And Rescheduling Of Meetings: Upon the affirmative vote of one-half (1/2) plus one of the members of the full council, a regularly scheduled meeting may be postponed to a different date and time, or may be canceled. If a quorum of the Council is not available prior to the start of a meeting then the meeting shall be canceled without a vote. Whenever any meetingpostponed, re -scheduled, or canceled the City Clerk will endeavor to dili e�ntly provide notice to the public as soon as practicable. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective on and after February 1, 2010. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2010. APPROVED: MAYOR ATTEST: 0 CITY CLERK 0 • • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. 9C1 REQUEST Public Works Dept. - Reclaimed Water Program Update Presentation AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PURCHASING DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS A ■ op - 0 O cz ' -I 4-j E Q .E o o °C � o n U) ._ W � ��� U a_ 0 z�.Ln .o n E> O V — L (n _j 0 . 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Q �''( c V v J U C� cn C O Q O 4— U) -0 > LL }, a) >_ Cn E U () X w a� O a- o O U a) a) o .- cz L o' U c s • Q O m (z CZ Q) � Z3 CO Uw O o;.� o > 4-� Q . � I 0 i 0 t� rr z - o C1) �.Ak 4 C/) ■ ■ U) CD -E--+ E V> cm CZ o cz ac) a N N %IMES O i W i CZ LL .� U E U4-j:+...j 4, Cz i V L Om L CL O U) LM ■ Efi O Ctj cz (n 0 Q (� U LL Q � o O � O C/) U UJ c OCN G m 0 CL CZ CU LTJ U) D Fr 4—j i 0 i wi ■ ■ U) E L CO CD ---j Ox L a) Ak Q X W • • • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. 9011 REQUEST Planning Department - Presentation of Draft Funded, Unfunded, and Partially Funded Corridors for Consideration in Communities in Motion AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY PURCHASING DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 22, 2009 10 1 0lu to) 711►1-111j011 TO: Tammy de Weerd, Mayor Meridian City Council FROM: Caleb Hood, Planning Manager CC: Meridian City Clerk RE: Draft Funded, Unfunded and Partially Funded Corridors in CIM Update Agenda Item for January 12, 2010 City Council Meeting The COMPASS Board has been asked to review and approve a list of funded, unfunded and partially funded transportation corridors that will be used in an update to the region's long range transportation plan — Communities in Motion. Approval of the Funded and Unfunded transportation corridors in CIM will keep the update of CIM on track for publication in late Spring 2010, with anticipated adoption in August. The driving force behind the funded list is that Federal Rules require a financially constrained CIM and that for air quality conformity only the funded roadways can be used. Given the less than ideal transportation funding picture for the future, the list of "funded corridors" has been drastically reduced since 2006 when CIM was adopted (there are only 9 corridors that are on the proposed funded list; 15 corridors are on the funded list in the currentladopted C11VI). In 2006 the word "illustrative" was used for labeling CIM transportation corridor improvements that are regionally significant, but where no money to construct them was identified. Illustrative will no longer be used in CIM; a project is either funded (in a FYWP, STIP, TIP and/or CII') or it isn't part of a funding program and therefore is deemed "unfunded." There are some major transportation corridors/projects in Meridian that are on the proposed unfunded list in CIM (because they are not currently in the STIP/TIP). If a vroiect is not in CIM then it is not eligible for federal transportation dollars. COMPASS Staff has requested Board action on this item no later than at the January Board meeting. CIM Corridors Below are the corridors/projects in Meridian and Area of Impact that are on the proposed Funded, Partially Funded and Unfunded lists for the CIM update. All of the projects are for road widening (except Meridian/I-84 IC and a SH -16/I-84 IC); 2009 project costs included. Funded Partially Funded Unfunded 1) Amity, Southside to Cloverdale; 4) Linder Road, Kuna Mora 3) Black Cat Road, Franklin to $67 million to Ustick; $101 million Chinden; $38 million 3) Fairview, Meridian to Orchard; 5) Linder Road, Ustick to 4) Cherry Lane, Middleton Road to $53 million Beacon Light; $92 million Ten Mile; $64 million 4) Franklin, Idaho Center to 6) SH 16, Gem County to I- 7) I-84/SH-16 Interchange; $95 Linder; $35 million 84; $315 million million 5) I-84, Garrity to Meridian I.C. 9) McDermott Road, I-84 to Lake (does not include Meridian IC); Hazel; $45 million $286 million 7) Meridian Road, Waltman to 10) Meridian IC; $35 million Ustick; $16.5 million 8) Ten Mile Road, Lake Hazel to 15) SH 55 (Eagle Rd), I-84 to River Chinden; $52 million Valley; $19.5 million 9) Ustick Road, Nampa/Caldwell 20) US 20/26 (Chinden), Exit 29 in Blvd to Curtis; $134 million Caldwell to Eagle Rd; $264 million Additionally, there is potential that the COMPASS Board could adopt a policy regarding whether COMPASS will support/endorse an agency going after federal funds (eg — grants) for projects in CIM but on the unfunded list. The best example of this is Meridian Road Interchange. This project is not currently in the STIP or TIP and therefore shows up on the proposed unfunded list for CIM. If the Board deems that only projects on the funded list of CIM can apply for federal dollars then we would have to wait until the Meridian IC gets into ITD's funding plans (STIP/Horizons). I expect a policy recommendation on this issue to the Board, from RTAC, sometime after the first of the year. See attachment for the complete list of proposed Funded, Partially Funded and Unfunded projects/corridors. CIM Corridors Attachment 1 Table 1 - Recommended Funded Corridors 1 Amity Road: Funded Funded $67,526,000 $17,000,000 $50,528=0 $0 Southside Blvd - Cloverdale Road. Widen trorn 2 lanes to 5 lanes. 2 Cloverdale Road: Funded Funded $56,729,000 $42,000,000 $14,729,000 $0 Lake Hazel Road- Chinden Blvd. Widen trom 2 lanes to 5 lanes. 3 Fairview Ave.: Funded Funded $53,359,000 $20,500,000 $32,859,000 $0 Meridian Road - Orchard. Widen from 5 lanes to 7 lanes. 4 Franklin Road: Idaho Funded Funded $34,740,000 $10,500,000 $24,240,000 $0 Center Road -Linder Road. Widen from 2 lanes to 5 lanes. 5 1-84: Garrity IC- Funded Funded $286,044,000 $286,044,000 $0 $0 Meridian IC. Widen trorn 4 lanes to 8 lanes. Includes reconstruction of Garrity interchange and existing over/underpasses. 6 Kuna Mora Road: SH Illustrative Funded $7,807,000 $4,360,000 $3,447,000 $0 45/Bowmont Road - existing section (including preservation for RR I overpass) 7 Meridian Road: Funded Funded $16,524,000 $15,000,000 $1,524,000 $0 Waltman Drive - Ustick Road. Complete corridor improvements to 5 lanes. Includes partial couplet involving Main Street and Meridian Road. 8 Ten Mile Road: Lake Funded Funded $51,941,000 $27,300,000 $24,641,000 $0 Hazel - Chinden Blvd. Widen trorn 2 lanes to 5 lanes. 9 Ustick Road: Funded Funded $134,275,000 $43,300,000 $90,975,000 $0 Caldwell/Nampa Blvd. -Curtis Road. Widen from 2 lanes to 5 lanes. CIM Corridors 1 1-84: ColetOverland IC -Isaacs Canyon IC. Widen from 4 lanes to 8 lanes. Includes interchange reconstruction at Orchard, Vista, Broadway and Gowen. 2 1-84: Exit 29 -Garrity IC. Widen from 4 lanes to 6 lanes. Includes reconstruction of Franklin and Nampa Blvd interchanges and existing I able Z — Mecommended Partial Funded in Part $381,228,000 $136,151,000 Orchard IC Vista IC Vista - Broadway widening Funded in Part $668,514,000 $286,044,000 Franklin Blvd - Garrity I I $0 1 ($245,077, $0 1 ($382,470,000) 1 3 Lake Hazel Road: Funded Funded in Part $135,589,000 $45,300.000 $0 ($90,289,000) Happy Valley - Locust Grove to Eisenmann Road Pleasant Valley - (including Gowen constr to 5 lanes Road Realignment) 4 Linder Road: Kuna Unfunded Funded in Part $100,876,000 $28,000,000 $0 ($72,876,000) Mora Road-Ustick Franklin to Road. Chinden - Constr Wideniconstruct to 5 lanes. Includes a rail crossing in Kuna and I an overpass at 1-84. 5 Linder Road: Ustick Unfunded Funded in Part $92,400,000 $52,400,000 $0 ($40,000,000) Road -Beacon Light Franklin to Road. Widen from 2 Chinden - Constr lanes to 5 lanes. 6 SH 16: Ada/Gem line- Funded Funded in Part $314,688,000 $119,457,000 $0 ($195,231,000) 1-84, Construct SH 44 to US expressway with 20/26 - construct Interchanges at to 4 lanes with Chaparral, Beacon river crossing Light, SH 44, US 20/26, & Ustick Road. Overpass/underpass at I other roadways 7 SH 44 (State Street): Funded Funded in Part $57,041,000 $36,700,000 $0 ($20,341,000) SH 55 (Eagle Road) to Glenwood to downtown Boise 36th St - constr to (multi -Modal Center) 7 lanes Table 3 - Recommended Unfunded Corridors 1 Beacon Light Road Unfunded Unfunded $4,033,000 $0 $0 ($4,033,000) Extension: Purple Sage Road -SH 16. Construct new 2 lane road. 2 Beacon Light Road: Unfunded Unfunded $48,701,000 $4,400r000 $0 ($44,301,000) SH 16 -SH 55. Widen from 2 lanes to 5 lanes, 3 Black Cat Road: Unfunded Unfunded $38,123,000 $6,700,000 $0 ($31,423,000) Franklin Road- Chinden Blvd. Widen from 2 lanes to 5 lanes. 4 Cherry Ln: Middleton Funded Unfunded $63,885,000 $0 $0 ($63,885,000) Road -Ten Mile Road. Widen from 2 lanes to 5 lanes. 5 Greenhurst Road: Funded Unfunded $34,740,000 $0 $0 ($34,740,000) Middleton Road - Happy Valley Road. Widen from 2 lanes to 1 5 lanes. 6 Happy Valley Road (5 Unfunded Unfunded $40,907,000 $0 $0 ($40,907,000) lane) - from Flamingo to Locust Lane 7 1-84: Future SH 16 Funded Unfunded $95,762,000 $0 $0 ($95,762,000) Interchange: (vicinity of McDermott). Construct new Interchange with ramps to connect with I Franklin. I 8 1-84: Ustick Road Illustrative Unfunded $32,528,000 $0 $0 ($32,528,000) Interchange. Construct new interchange. 9 McDermott Road: I- Illustrative Unfunded $45,019,000 $0 $0 ($45,019,000) 84 -Lake Hazel Road (including RR overpass at Hubbard Road). Widen from 2 lanes to 5 lanes. Access management to preserve future I expressway. 10 Meridian Interchange n.a. Unfunded $35,000,000 $0 $0 ($35,000,000) 11 Middleton Road: Unfunded Unfunded $83,532,000 $0 $0 ($83,532,000) Greenhurst Road -SH 44. Widen from 2 lanes to 5 lanes. 12 Robinson Road: Unfunded Unfunded $48,792,000 $o $0 ($48,792,000) Greenhurst Road - Cherry Ln. Widen from 2 lanes to 5 lanes north of 1-84, 3 lanes south of 1-84. 13 SH 44:1-84- Funded Unfunded $108,773,000 $0 $0 ($108,773,000) Ballantyne Road. Widen from 2 lanes to 4 lane limited access divided highway. Includes a new alternate route around I Middleton. 14 SH 45: Deer Flat Unfunded Unfunded $13,792,000 $0 $0 ($13,792,000) Road -Locust Lane. Widen from 2 lanes to 4 lane limited access divided highway. 15 SH 55 (Eagle Road), I- n.a. Unfunded $19,517,000 $0 $0 ($19,517,000) 84 to River Valley Street 16 SH 55: Beacon Light Unfunded Unfunded $1,822,000 $0 $0 ($1,822,000) Road -Brookside. Widen from 2 lanes to 4 lane limited access divided highway. 17 SH 55: Sunnyslope Unfunded Unfunded $58,420,000 $0 $0 ($58,420,000) curve to Karcher IC. Widen from 2 lanes to 4 lane limited access divided highway. 18 SH 69 Connection: Unfunded Unfunded $22,509,000 $0 $0 ($22,509,000) Kuna Mora Road- Kuna Road. Build new road parallel to the UP rail (north side) to connect SH 69 to Kuna Mora. Broaden to include potential of a rai I crossing option to Kuna Mora. Crossing: SH 44- Chinden Blvd. Construct new roadway at 415 lanes and new bridoe. 20 US 20/26: Exit 29 - Eagle Road. Widen from 2 lanes to 4 lane limited access divided MERIDIAN CITY COUNCIL MEETING January 12, 2010 MDA 09-004 APPLICANT James Prather ITEM NO. 11A REQUEST Public Hearing: Amend the recorded Development Agreement for Queenland Acres in regard to parking; timing for construction of the multi -use pathway; building size; site plan requirements; and fencing - SEC of Overland Road and Stoddard Road ryl Dft oq _ 0O4 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING January 12, 2010 MFP 09-003 APPLICANT Idaho Mutual Trust ITEM NO. 11 B REQUEST Modify the 6 foot decorative masonry wall along the western boundary approved with the final plat landscaping plan for Bienville Square Subdivision (FP 07-012) - west side of Eagle Road, south of Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: 0 Materials presented at public meetings shall become property of the City of Meridian. • r� CPA 09-006 MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. 1 1 C REQUEST Request to Amend the Text of the Meridian Design Manual to Edit Clerical Errors and Add Text Defining the "Downtown Core" and Clarifying Compliance with Unified Development Code (UDC) Standards for Meridian Design Manual Txt Amend. 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 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. 12A REQUEST Ordinance No. 10 - 1439 : Amending Title 11 of the Meridian City Code Regarding Zoning and Subdivision Regulations Codified at Title 11, Entitled the Unified Development Code (UDC) of the Meridian City Code AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • C7 0 CITY OF MERIDIAN ORDINANCE NO. 10- BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 11 OF THE MERIDIAN CITY CODE REGARDING ZONING AND SUBDIVISION REGULATIONS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning, ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian to provide for orderly growth and development and to cavy out the policies of Meridian's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 11, Unified Development Code, of the Meridian City Code is amended to read as follows: Section Text 11-1A-1 ACCESSORY STRUCTURE: A detached structure in a residential base zoning district that is Incidental and subordinate to the principal structure and is located upon the same property. The term accessory structure shall include, but not be limited to, the following: private garage, storage structure, workshop, and/or greenhouse. The term shall not include additional structures for approved public, commercial, or industrial uses. 11-1A-1 PATHWAY: Pathway shall include, but not be limited to. micropathways and multiuse pathways as herein defined. 11-2A-2 Recreational vehicle park Table 11 -2A -3E.1 The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spire-eF steeple, belfry, cupola, chimney. Such architectural features shall have a maximum hei ht limit of twenty feet 20' as measured from the roofitne. 11 -2A -3E.2 The maximum height limitations shall not apply to the following: spire. amateur radio antenna; bridge tower, fire and hose tower, observation tower, power line tower, smokestack; water tank or tower, ventilator, windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure, or other appurtenances usually required to be placed above the level of the round and not intended for human occupancy. 11-28-2 Home occupation' W (Accessory Use) in GN. C -C. C -G. and L-0 districts and =° (Prohibited) in the M -E and H -E districts. Table 11-213-3 M -E H -E Table Landscape buffer to residential uses in feet)3 see4iO4 25 25 UDC ORDINANCE AMENDMENT- January, 2010 Page 1 of 7 0 • UDC ORDINANCE AMENDMENT — January, 2010 Page 2 of 7 Notes: 11-2B-3A.3a The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spire eF steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twent y feet 20' as measured from the roofline. 11-2B-3A.3b The maximum height limitations shall not apply to the following: spire. amateur radio antenna; bridge tower, fire and hose tower, observation tower, power line tower; smokestack; water tank or tower, ventilator, windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the round and not intended for human occupancy. 11-2G3 Landscape buffer to nenindwMal residential uses On feet) 25 I -L and 401-H Table Landsca a buffer to nonindustrial uses On feet 0 I -L and 401-H 11-2C The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spl� steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twenty feet 20' as measured from the roofline. 11-2C3A2b The maximum height limitations shall not apply to the following: spire. amateur radio antenna; bridge tower, fire and hose tower, observation tower, power line tower, smokestack; water tank or tower, ventilator, windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the round and not intended for human occupancy. 11 -2D -3B1 The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spire-eF steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twerity feet 20' as measured from the roofline. 11 -2D -3B2 The maximum height limitations shall not apply to the following: s ire amateur radio antenna; bridge tower, fire and hose tower, observation tower, power line tower, smokestack; water tank or tower, ventilator, windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the round and not intended for human occu 11.2D -3C2 Block length: No block face shall have a length greater than fire hundred feet (500') without an dedicated Intersecting street or alley, w- no- -black fa- shall have a length OF0111" AM mix hundFed'hout a pedeshim senn exceat as allowed In 114C -3F3. Rk 11-3A-4 The accumulation of junk on any property not meating the requiFeme is prohibited, except as rovided in section 114-340 of this title 11 -3A -7A3 Barbed Wre fencing shall be prohibited, except in the GC, GG, M -E. I -L, and I -H districts ... 11 -3A -7A7 Regulations for fences along misrs Pathways and common open space areas are set forth below. 11-3A-7A7b Fences adjacent to all Ompathways and common open sce shall be:.. . 11-3A-7A7c These restrictions are intended to apply to fencing along interior common open space areas and miss pathways. They are not intended to apply to street buffers or entryway landscaping strips. These restrictions are not intended to require fencing on interior common open space. 11 -3A -7A11 Where screening is required In this titre, chainlink fencina with or without slats does not aualifv as a scr�ning material. 11 -3A -7B Additional standards in the GN, C -C, GG, M -E H -EI -L, and I -H districts:.. . 11-3A-7B2line. Rear Yard of alley accessed properties and all side Yard properties: All fences adlolnlna an alley shall be open vision. Fences -shalt and be set back a minimum of five feet (51 from the alley (measured from propft line . UDC ORDINANCE AMENDMENT — January, 2010 Page 2 of 7 0 0 E -1 11-3A-8 PATHWAYS: 11-3A-813 The design and construction of multiuse pathways shall be consistent with the auidelines contained in Chapter 3 of the Meridian Pathways Master Plan sheuld 11.3A -10A Fire Hazard: Any activity Involving the use. or storage of flammable or explosive materials shall be protected by adequate firefighting and fire preveniion equipment and by such safety devices as are normally used In the handling of any such materials. Such hazards shall be kept removed from adjacent activities to a distance that is compatible with the potential danger involved as specified In the unlam International fire code, title 5 of this code and the Nationalfie-Preteeden Fire Protection Association publications. 11-3A-101 Safety: Any development or activity that creates a public safety hazard, as determined by the police department, that is potentially harmful to the health, safety. and/or welfare of persons and/or proverb+ shall be prohibited. 11 -3A -19A2 Cebpwd Materials: 11 -3A -19A3 Parking Lots: a. For properties areater than two (2) acres in size. Nno more than fifty percent (50%) of the total off strut parking area for the site shall be located between building facades and abutting streets. b. For Properties two (2) acres or less in size, a maximum of asinale drive aisle with parking on one or both sides shall be allowed between the building facades and abuttina streets. All other off street Darking areas shall not be located between the building facades and abutting streets. 11-3A-20 TRAVELING SLEEPING QUARTERS: ReeFealleR vahlbles and equipmeA No motor vehicle or trailer including, but not limited to, travel trailers, fifth wheels, recreational vehicles, and/or motor coaches, and -teats; shall net be used as a residence or as living quarters unless except within an approved eampgFound-OF recreational vehicle park. No recreational equipment, including but not limited to tents tee- eesits and/or huts shall be u� as a residence or livin uarters. 11-3B-7C1c Width Reduction: In a development where the required street buffer width results in an otherwise unavoidable hardship to the property, a written request for a buffer reduction may be submitted through the alternative compliance process In accord with chapter 5, °Administration°, of this title. The request shall demonstrate evidence of the hardship caused by the required street buffer and propose a specific alternative WO landscape plan that meets or exceeds the intent of the reguired buffer. In no case shall the width be reduced to less than ten percent (10%) of the depth of the lot, except in the Old Town district A reduction to the buffer width shall not affect building setbacks: all structures shall be set back from the Property line a minimum of the buffer width required In the agglicable zoning district. 11-313-7103 Stheet Tws Buffer Landscaking Material 11-313-7106 Impervious Surfaces: Allowed impervious surfaces within the landscape buffer include driveways, outdoor seating, signs and walkways. Vehicle display pads are prohibited in the required buffer. 11-313-8132 For parking lot replasems reconstruction, exclusive of sealing, striping, or re -paving that is�reateF ° , all current landscape standards of this section shall be met unless aggroved as set forth in 11-1 B4. 11-36-9A Purpose: The requirements in this section shall apply to the landscape buffer to residential and/or non -industrial uses in table 11-28-3, section 11-28-3, and of this Me wd #18 landseap WOOF tO nenandwMal uses In table 11-2C-3, section 11-2C-3 of this tide... 11-313-98 Applicability: The landscape buffer is required in the C -N, C -C, C -G, and L -Q, M -E, H -E, and I -L districts on any parcel sharing a contiguous lot line with a residential land use. The landscape buffer is required in the 1 L and I -H districts on any property sharing a contiguous lot line with a nonindustrial use. UDC ORDINANCE AMENDMENT — January, 2010 Page 3 of 7 • s 11-3B-9C1a Mix of Materials: All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative ground cover. Fences, walls and berms may also be Incorporated into the buffer area as set forth in 11-3B-7C2c. 11-3B-9C1c Buffer Wall and/or Fence: Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the city may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six feet (6') tall is provided, the planting requirement may be reduced to at -least a minimum of one tree per thirty five (35) linear feet, plus shrubs, lawn, or other vegetative ground cover. 11 -3B -9C2 Minimum Buffer Size: The size width of the buffer is determined by the district in which the property is looted, unless such width is otherwise waived modified by city council at a public hearing with notice to surrounding property owners. The tables of dimensional standards for each district in accord with chapter 2, "District Regulations°, of this title establish the minimum buffer size. A reduction to the buffer width shall not affect buildina setbacks: all structures shall be set back from ftgmefft line a minimum of the buffer width required in thea liable ZgL1n_q district 11-313-9C5 11-38-1007 Incentives: The director may allow a reduction up to ten percent (10°!0) of the required parking spaces to accommodate existing trees through the alternative compliance process in accord with chapter 5, °Administration°, of this title. Approval of the an altemative compliance application for a reduction in required parking shall be obtained prior to submittal of plans. 11-313-12 MIMPATHWAY LANDSCAPING: 11-313-12A Purpose: The purpose of this section is to promote trees and other landscaping along misrepathways developed within the city. The required landscaping will provide shade and visual interest along the mimpathways. 11-313-1213 Applicability: Wher}rever wkmpathways are installed and/or reguiredthe landscaping standards within this section shall apply. 11 -3B -12C1 Planter Width: A landscape strip a minimum of five feet (6) wide shall be provided along Am each side of the misrepathway. Designs are encouraged in which the width of the landscape bcdief ship alternates varies aleng-eiithersi l 'tie-aaisrepatMmMF and to provides additional width #e•allew to be planted trees farther from the pathway, preventing root damage to the path The minimum width of the landscape strip shall be two feet (21 to allow for maintenance of the pathway. Alternative compliance as set forth in 11-513-5 shall not be moulred to meander the pathway as Iona as a total width of ten feet 10' of landscaft Is maintained along the pghway. 11 -3B -12C2 Required Plants: The landscape buffers strips shall be planted with a min1mum mix of enee-desiddeus tree -per trees. shrubs, lawn, and/or other vegetative ground cover. There shall be a minlmum of one (1) tree per one hundred (100) linear feet of pathway. If this calculation results In a fraction of five (5) or greater, round up to an additional trees Ifthe calculation results in a 'on less than five ffl, round the number down. 11-313-120 Improvements: The pathways shall be paved with lure three inches (237 of asphaltic concrete or equivalent. 11 -3B -12C8 Fences: See section 11-3A-7 of this chapter 1brwa fencing standards. 11 -3G -3A1 The total land area of all common open space that meets the standards as set forth in subsection B shall equal or exceed ten percent (10%) of the gross land area of the development 11 -3G -3A2 One additional site amenity that meets the standards as set forth In subsection C shall be required for each additional twenty 20 acres of development area. 11 -3G -385a The parkway is -a meets the minimum e4e4ht bet (lt' width standard as set forth in 11 -3A -17E. UOU ORDINANCE AMENDMENT— January, 2010 Page 4of7 0 0 11-31-141) Noise abatement shall be required for residential and other noise sensitive uses including but not limited to, education institutions, churches or places of religious worship, libraries and/or hospitals ad'oinin state highways: 11-4-3-1A All animals shall be indoors at all times, except when being exercised. At such times, animals shall be under the suppryision and direct control of a caretaker. 11-4-3-11A A drive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker and/or order area, pick up windows, and exit lanes) is: j1 not within three hundred feet (300') of another drive-through facility, eF a residential districts or an existing residence; or 2) separated by an arterial street from any another drive-through facility. a residential district or an e)ddng residence. Otherwise a conditional use Peffnit is required. 11.4-3-15 EQUIPMENT RENTAL, SALES AND SERVICE: All repair activities (including, but not limited to, open pits and lilts) shall occur within an enclosed structure. EEguipment display areas are prohibited in the rpgulred landscape buffers. 11-4-3-21 K The home oc cuoation shall only be allowed as an accessory use to an allowed residential use. 114-3-38E Vehicle dispily gos are pmhibfted in the Leguipd Igniscapp buffers. 114-340A , aGHWOOF GleraW of and wFeening materials shall be a minimum Gf ton bM (199 on hei All outdoor storage of material, equipment inventory, and/or supplies shall be conducted in an orderiv manner. It shall be unlawful to conduct outdoor storage of materials, equipment inventory and/or supplies in a manner that 1. Creates a public nuisance, visual blight or acoustic impacts. 2. Blocks impedes or overlaps an sidewalks and/or vehicular traffic. 114-340C . Outdoor storage of materials, eauipment inventory, and/or supplies shall be incorporated into the overall design of buildings and site landscaping so that the visual impacts of these functions are fully contained and screened from view of adjacent properties and/or public streets by a solid fence and/or wall with a maximum helaht of 8 feet (8'). Such fence and/or wall shall be constructer of complimentary or of similar design and materials of the primary structure. No vehisles-eF materials, @guipment inve o and/or lypolles shall be stored so they exceed the het ht of the fence or wall. 11 -5A -6C All reguests for review of the action of the director or commission, the eeuneil shall held require a de novo public hearing before the city council as set forth in section 11- 5A-5 to reach a decision to uphold or overrule the action. 11 -5B -3F3 A modification to the development agreement may be initiated prior to sianature of the eareement by all parties and/or may be requested to extend the time allowed for the agreement to be sinned and retumed to the ft if filed prior to the end of the one dod. 11-58.5 Block length in the TN -C and T -N -R dlsblGb 1111 6C4 Table 11 -5B -5C2 An application and fees, in accord with Article A, °General Provisions°, of this chapter, shall be submitted to the director on forms provided by the development sewlses tanninA g2pqTEent 11-58-5E Required Findings: In order to grant approval for an alternative compliance applicationthe director shall determine the following: 11-56-6F2 For conditional use permits that also require platting, the final plat must be warded signed by the City Engineer within this eighteen 18 month period. 11-513-8B1 Administrative design review shall be required for all new commercial, industrial, institutional, public or quasi -public development subject to the following-appFsvals: conditional use, certificate of zoning compliance and/or building permit- approval. except development meeting one or both of the following standards shall be exempt: a. The structure and/or addition is fully screened from view from all abutting property Ones; and/or UOU URDINANCE AMENDMENT— January, 2010 Page 5 of 7 0 11 Section 2. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. 0 UDC ORDIN — ANCE AMErrn� January, 2010 Page 6 of 7 b. The structure and/or addition is less than one hundred and twenty 020) square feet in area and Is not visible from a public street Private street or abuttina residence. 11.513-80 For projects requiring only certificate of zoning compliance approval, the applicant shall submit a written application for administrative design review PFIGF tO er concurrent with the certificate of zoning compliance application. 11.613.80 Upon determination by the director that the final property boundary adjustment Is In conformance with this article, a wMade of zoning reempi letter of approval shall be Issued. 11 -6C -3F F. Blocks Face: Block face shall be measured from the centerline to centerline of roadways and/or Pathways as appropriate. 1. In the residential districts, no block face shall be more than seven hundred fifty feet (750) in length without an intersecting street or alley, Block We shall be measured #em the GeFbAne to GenteFllm of madways and* PgWap as appFep except as allowed in subsection 3 below. 2. In the TN -C and TN -R districts, no block face shall be more than five hundred feet (500) in length without an intersecting street or alley, OF no bIeGk We shall hoe a length gmatff than GiK hwidred feet ' except as allowed in subsection 3 below. t It Is aFft;lpaled thatlengft gFSaWF thM live huFidFed bet (5W9, the appllsaM shall jug* why the p -led f 4 0 Of this #11S. f t 3. Where block design is constrained by an abuttina arterial street limited access street steep slopes, a large waterway and/or a lame irrigation facility. the City Council may approve a pedestrian connection in lieu of a connecting street or alley at the time of Preliminary and/or final plat approval. The pedestrian connection shall Provide access from within the subdivision to one or more of the following: a common open space area, pathway, or street within the subdivision: a common open space area. Pathway, or street within an abutting subdivision: a public open space or meeting area: or a street landsceoe buffer (excluding such buffers alona a limited ams hi hwa . 4. Although block face lengths are allowed to exceed the maximum as set forth in- this section. it is anticipated that most blocks will not exceed the requirement Where an apPticant proposes block faces that exceed the allowed length, the applicant shall provide written justification as to why the prroiect cannot accommodate the smaller block faces as required in this section. Section 2. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. 0 UDC ORDIN — ANCE AMErrn� January, 2010 Page 6 of 7 Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on _ 2010. PASSED by the City Council of the City of Meridian, Idaho, this JAday of 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this + of day of 2010. APPROVED: T D WEERD, MAYOR ATTEST:%% �0�������', F ; a - 1CYCEfA. HOLMAN, CITY CLERK_ BICAL .9O GST tst •'� � ``�. //title fill, 0 UDC ORDINANCE AMENDMENT- January, 2010 Page 7 of 7 • • • MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. 13 REQUEST Executive Session per Idaho State Code 67-2345 (1)(f) & c AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING January 12, 2010 APPLICANT ITEM NO. 14 REQUEST Items Amended onto Agenda After Executive Session AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS Please See Attached E IDIAN 4iO CITY OF MERIDIAN CONTRACT AMENDMENT CONTRACTOR NAME: DEPARTMENT NAME: OWNBY AND COMPANY, INC Public Works ADDRESS: ADDRESS: 1824 S. Sportsman Way 33 E. Broadway Meridian, ID 83642 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Amendment Date: 12/20/09 Previous Amendments: Current Contract Dates: START. 5/1 9 COMPLETION: &191= Current Contract Amount (Inclusive of Previous Amenftents to Date): 30/a of Any Resulting Sats CHOOSE ONE AMENDMENT COLUMS BELOW, either "STANDARD AMENDMENT' or "AMENDMENT TO EXERCISE OPTION TO RENEW" and check off any applicable amendments under that column. STANDARD AMENDMENT X AMENDMENT TO EXERCISE OPTION TO RENEW (Check ad that Aon/vl (Check aU that anioly) Amendment to Contract Performance (Scope) Amendment to Contract Performance Amendment to Contract Dates X Amendment to Contract Dates Amendment to Contract Amount X Amendment to Contract Amount Other. (Explain) _, Other. (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendmeno: Extending contract through April 1, 2010 AND ONLY FOR PROPERTY LOCATED AT 3420 SOUTH LOCUST GROVE. FEE TO BE A NOT-TO-EXCCED AMOUNT OF 3% OF PURCHASE PRICE OF SAID PROPERTY ONLY. The contract and date may be further extended only to accommodate a delay In the closing of the Intended purchase transaction at 3420 South Locust Grove. Conversely, the contract end dab may be earlier terminated If the negotiations for the purchase of 3420 South Locust Grove have reached an Impasse and In the opinion of Contractor and City a meeting of the minds agreement for the purchase of 3420 South Locust Grove Is unlikely to occur. NEW CONTRACT INFORMATION: Amendment Date: 12!20/09 New Contract Dates: START: 1/1/2010 COMPLETION: 4/11Z010 Amount of Amendment Change $0_00 Current Contract Amount pnclusive ofPrevtous Amendments to Date): 3% of any Resulting Purchase of Property Located at 3420 South v N ALL OTHER TERMS AND CONDITIONS OF THE ORIGNAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MERID BY: t! TAMMY de L CJ% wwlI,uuur<< C 1 ,, D, MAYOR .,�.(�R1p�9y Dated: Approved by Council• _ iiA* Aft t: JAYCEE , CITY CLERK O� ,����1Jltlllllllll�,l DALE-OWNBY, Dated:/ Approved y CI as to Content BY: KEI S, PURiGHWING AGENT