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Home My WebLink About2010-04-27E IDIAN ®ANO CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, April 27, 2010 at 6:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd 2. Adoption of the Agenda: Approved 3. Executive Session per Idaho State Code 67-2345 (1) (f) - To Consider and Advise its Legal Representatives in Pending Litigation Into Executive Session at 6:01 p.m. Out of Executive Session at 7:08 p.m. Meeting Adjourned at 7:08 p.m. Meridian City Council Pre-Council Meeting Agenda -April 27, 2010 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIAN~-- poAH CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, Apri127, 2010 at 6:00 p.m. (,,l ' ~~ it ` ~ City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-call Attendance: '~ David Zaremba ~ Brad Hoaglun _~ Charlie Rountree Keith Blyd ~ Mayor Tammy de Weerd 2. Adoption of the Agenda j2w~ ~ ~/ " 3. Executive Session per Idaho State Code 67-2345 (1) (f) - To Consider and Advise its Legal Representatives in Pending Litigation ~ ~ ~. ~ ~ ~~~ ~ ~~ ~ ~ a-~~- Meridian City Council Pre-Counci- Meeting Agenda -April 27, 2010 Page 1 of 1 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. n Meridian City Council Pre-Council Meeting April 27, 2010 A Pre-Council meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, April 27, 2010, by Council President David Zaremba. Members Present: President David Zaremba, Charlie Rountree, Keith Bird, and Brad Hoaglun. Members Absent: Mayor Tammy de Weerd. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Item 2: Adoption of the Agenda. (Beginning of proceedings not recorded.) Hoaglun: Second. Zaremba: We have a motion and a second to adopt the agenda as published. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: ALL AYES. Item 3: Executive Session per Idaho State Code 67-2345(1)(f) - To Consider and Advise its Legal Representatives in Pending Litigation. Zaremba: Third order of business is an Executive Session and I would entertain a motion. Bird: Mr. President, I move we go into Executive Session as per Idaho State Code 67- 2245(1)(f). Rountree: Second. Zaremba: We have a motion and a second. I believe we need a roll call on this one as well. Roll-Call: Bird, yea; Rountree, aye; Zaremba, yea; Hoaglun, yea. ,~ MOTION CARRIED: ALL AYES. Meridian City Council Pre-Council Meeting April 27, 2010 Page 2 of 2 ~"'! Zaremba: Okay. We are in Executive Session. EXECUTIVE SESSION: (6:01 p.m. to 7:08 p.m.) Bird: Move we come out of Executive Session. Rountree: Second. Zaremba: We have a motion and a second to come out of Executive Session. All in favor say aye. Any opposed? The motion carries. MOTION CARRIED: ALL AYES. Bird: Mr. President? Zaremba: I move we adjourn from the special meeting. Rountree: Second. Zaremba: We have a motion and a second to adjourn. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Zaremba: We are adjourned from the special meeting. MEETING ADJOURNED AT 7:08 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~ ~ ~a~ ~ zo~v TAMMY D EERD, MAYOR DATE APPROVED ,~~~'\\\ of MER~~~~~,-, ~, .~~ q -, ~' ~~° ~: - ' ~ J~ EE . HOLMAN, CITY CLERK SEAL ,,~°~' ' : ~9Q9~T 1 S'~ ~ P~`~.` "'~~%,,~ovn,TY . `0.,~~', ii~~~ttii nn~~~~ ~E IDIZ IAN-- ~J CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 27, 2010 at 7:00 PM Meeting commenced at 7:09 p.m. 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance by Jack Madsen 3. Community Invocation by Ed Kreiner with the Meridian Assembly of God 4. Adoption of the Agenda: Adopted 5. Consent Agenda: Approved A. April 6, 2010 City Council Regular Meeting Minutes B. April 6, 2010 City Council Special Joint Meeting Minutes C. Community Development Block Grant (CDBG) Subrecipient Agreement with Meridian Food Bank D. Sewer Main Easement for Diamond View Assisted Living E. Memorandum of Agreement for Work Experience and Agreement for Labor Expense Reimbursement Between the City of Meridian and Idaho Department of Labor for aNot-to-Exceed Amount of $10,000.00 F. Revised agreement with Ada County Highway District with aNot-to- Exceed Project Cost of $180,583.92 for Construction of the Eagle Road, Victory to the Ridenbaugh Canal Project with Original Agreement Dated September 8, 2006 G. Change Order #1 to the Original Task Order Dated November 13, 2008 for $20,201.00, with Hydro Logic, Inc., for Additional Professional Services Associated with the Development of a State Meridian City Council Meeting Agenda -Tuesday, April 27, 2010 Page 1 of 6 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. Certified Source Water Protection Plan for aNot-to-Exceed Amount of $30,000.00 H. Task Order #10148C for Thickened Waste Activated Sludge (TWAS) Pumping and Centrate System Improvements Design with SPF Water Engineering for anot-to-exceed amount of $62,500.00. SPF Water Engineering holds a Master Agreement for Services over $25,000.00, dated April 13, 2010. I. Revised Task Order 10018C with CH2M Hill for Design and Construction Services for the Bittercreek Lift Station and Pipelines Rebid Project for aNot-to-Exceed Amount of $47,600.00 J. Beer, Wine and Liquor Transfer of Owner from Lakeview Golf Club to Raven Golf Services dba Lakeview Golf Course; Located at 4200 W. Talamore Dr. K. Beer, Wine and Liquor Transfer of Owner from Mike McGuinness to KTFun LLC dba Muggsy's; Located at 501 S. Main St. L. Beer, Wine and Liquor Transfer of Owner from Iggys Grill to Pinnacle Sports Grill; Located at 2901 N. Eagle Rd. M. Approval of 2010-2011 Beer, Wine, Liquor Renewal Applications: Chili's / On the Border 3004 N. Eagle Rd. Beer/VUine Liquor Pier 49 Pizza 3665 E Overland Rd. Beer Harrys Meridian Grill 2032 E. Overland Rd. BeerIVlline/Liquor Ricks Press Room 130 E. Idaho St. BeerlWine A New Vintage Wine Shop 1400 N. Eagle Rd. #104 Beer/Wine EI Tenampa 906 N. Main St. Beer/Wine Qdoba Mexican Grill #473 3068 Overland Rd. BeerlWine Qdoba Mexican Grill #474 3319 N. Eagle. Rd. Beer/Wine Firehouse Group/Bulls Head Station 1441 Eagle Rd. Beer/Wine/Liquor Bill n' Lynn's Place 229 W. Franklin Rd. BeerlWine/Liquor Firehouse Pub $ Grill 1767 W. Franklin #180 BeerlWine Rite Aid #5412 1600 N. Main St. BeerlVUine Jacksons #1 412 E. Fairview Ave. Beer/Wine Jacksons #11 1585 S. Meridian Rd. Beer/VVine Jacksons #35 522 Cherry Lane Beer/Wine Jacksons #56 66 E. State St. BeerlWine Meridian City Council Meeting Agenda -Tuesday, April 27, 2010 Page 2 of 6 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. Jacksons #97 3100 Magic View Dr. Beer/Wine Jacksons #98 1950 E. Fairview Ave. Beer/Wine Jacksons #99 180 E. Central Dr. Beer/Wine Jacksons #105 3291 E. Pine St. Beer/Wine Jacksons #118 1625 W. Franklin Rd. Beer/Wine Jacksons #140 3010 Goldstone Dr. Beer/V11ine Red Robin 1475 N. Eagle Rd. BeerlWine/Liquor Walgreens # 06200 1570 E. Fairview Ave. Beer/Wine Walgreens # 10197 3150 W. Cherry Ln. Beer/VNine Walgreens # 10604 1625 S. Meridian Rd. Beer/VNine Walgreens # 11452 3263 N. Eagle Rd. BeerlVNine Walgreens # 11687 4850 N. Linder Ave. Beer/Wine Cafe Indigo/Courtyard by Marriott 1789 Eagle Rd. Beer/VNine/Liquor Meridian Mulligans 601 S. Main St. BeerlWinelLiquor Siam Thai 2951 E. Overland Rd. Beer/VVine Fusion Asian Grill 3161 E. Fairview Ave. Beer/V11ine Tobacco Connection 450 S. Meridian Rd. Beer/V11ine Legacy Feed and Fuel 3100 S. Meridian Rd. BeerlVNine Jakers of Meridian 3268 E. Pine Ave. BeerlWinelLiquor Pizza Hut #2165 675 S. Progress Beer Pizza Hut #2166 1752 W. Cherry Lane Beer Corkscrews Wine Shop 8~ Pub 729 N. Main St. BeerlWine 6. Department Reports A. Mayors Office: Mayor's Youth Advisory Council Update B. Parks Department: Julius M. Kleiner Memorial Park: Discussion of Response to Staff Report Received from Ada County Highway District (ACRD) 7. Action Items A. Public Hearing: CPA 09-007 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road, Approximately 1,200 Feet East of the Eagle/Franklin Intersection: Request to Amend the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 6.54 Acres of Land From Commercial to Industrial; and Also Change the Land Use Designation on 1.12 Acres of Land From Industrial to Commercial Approved Meridian City Council Meeting Agenda -Tuesday, April 27, 2010 Page 3 of 6 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. B. Public Hearing: RZ 09-005 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road, Approximately 1,200 Feet East of the Eagle/Franklin Intersection: Request for Rezone of 6.54 Acres from C-G to I-L Zone and Rezone of 1.12 Acres from I-L to C-G Zone Approved C. Public Hearing: CPA 09-010 Southridge West Commercial by Cabra Creek, LLC -Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request to Amend the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 60.74 Acres of Land from Medium High Density Residential (MHDR), Medium Density Residential (MDR), Green Space and Park Land (PARK) and Mixed Use Commercial (MUC) to Mixed Employment (ME) Continued to May 25, 2010 D. Public Hearing: AZ 09-010 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Annexation and Zoning of 5.63 Acres from RUT in Ada County to the M-E (Mixed Employment) District Continued to May 25, 2010 E. Public Hearing: RZ 09-006 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Rezone of 9.33 Acres from the R-8 Zoning District to the C-C Zoning District Continued to May 25, 2010 F. MFP 10-001: Crossfield Subdivision No. 3 by Conger Management Group Located South of W. Ustick Road, West of Venable Lane: Request for Modification to the Fencing Materials Previously Approved for Lot 14, Block 11 and Lot 18, Block 10 Approved G. Public Hearing: PFP 10-001 Monica Subdivision by B2 Investments, LLC Located at 327 N. Linder Road: Request for Approval of a Combined Preliminary /Final Plat consisting of 3 Building Lots on 3.62 Acres of Land in an I-L Zoning District Approved H. Public Hearing: MDA 10-004 The Tree Farm by Spurwing Greens, LLP Located North Side of Chinden Boulevard on Both Sides of Black Cat Road, West of Spurwing Subdivision: Request to Remove a Provision From the Recorded Development Agreements (Inst. #106151218, #107025555, #107141993) and Include a New Provision to Allow the Construction of a Tennis Court Facility and Related Site Improvements Approved Meridian City Council Meeting Agenda -Tuesday, April 27, 2010 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. I. FP 10-003 Bridgetower Crossing Subdivsion No. 17 by Primeland Investment Group, LLC Located 1/4 Mile West of N. Linder Road and 1/4 North of W. Ustick Road: Request for Final Plat Approval for 3 Residential Building Lots on Approximately 1 Acre in an R-4 Zoning District Continued to May 25, 2010 J. Public Hearing: CPA 09-008 by City of Meridian Planning Department: Request for Comprehensive Plan Map Amendment to Modify the Future Land Use Map by Replacing the Public / Quasi- Public Designation with a New Civic Designation; Changing the Future Land Use Designations for Current and Former Churches and Hospitals That Are Designated Public /Quasi-Public; Adding New Symbols to the Legend for Future Facilities (i.e., Schools, Parks, Fire Stations, Transit Stations); Incorporating the Land Use Designations of the Ten Mile Interchange Specific Area Plan; Removing the Water and Sewer Line Designations; Updating the Roadways Designated as Entry Way Corridors; and Removing the Roadway Classifications by City of Meridian Planning Department K. Public Hearing: CPA 09-009 by City of Meridian Planning Department Request for Comprehensive Plan Text Amendment Incorporating the Changes Associated with the Concurrent Map Amendment; Add Text to Clarify and Define Fire Station and School Sites; Update Old Text in the Recreation and Park Section of the Plan (Chapter VI and VII) and Incorporate Language Regarding the East 3rd Street Alignment Study by City of Meridian Planning Department 8. Continued Department Reports A. Clerks Office -Approval of 2010-2011 Beer, Wine, Liquor Renewal Applications Pending Ada County License Submittal: Approved Whitewater Pizza and Pasta Cottage Expressions/Miss Tami's Rudy's Pub ~ Grill St. Lukes Regional Chronic Tacos 1510 N. Eagle Rd 1031 N. Main St. 2310 Overland Rd. 520 S. Eagle Rd. 3240 E Louise Beer/Wine Beer/Wine BeerlWine Beer/Wine Beer Beer/Wine Smash Burger 3223 E Louise (Also Pending State Approval on 4/26/2010) B. Public Works Department Meridian City Council Meeting Agenda -Tuesday, April 27, 2010 Page 5 of 6 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. 1. Verbal Request from Ron Carroll, at 1822 E. Bluetick Street, to Connect a Private Well to his house as an Alternative Water Source Continued to May 4, 2010 2. Budget Amendment for $400,000.00 for Sludge Piping and Centrate Tank Improvements Approved 3. Budget Amendment for $400,000.00 for Reallocation of Funds from Capital Outlay -Land to Sewer Line for Extensions Approved 4. Budget Amendment for $150,000.00, Reallocation of Funds from Waste Water Treatment Plant (WWTP) Clarifier to Turbo Blowers and Aeration Basin Air Efficiency Improvements Approved 5. Line Item Reallocation of Funds from Sewer Line Extensions to Downtown Urban Renewal in the. amount of $260,000.00 Approved C. Planning Department: Discussion of Dirt Removal vs. Mining D. Police Department: Budget Amendment for Spending Authority of Grant Funds for aNot-to-Exceed Amount of $38,320.00 Approved 9. Items Moved From Consent Agenda Meeting Adjourned at 8:50 p.m. Meridian City Council Meeting Agenda -Tuesday, April 27, 2010 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~~E IDIAN~-- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 27, 2010 at 7:00 PM 1. Roll-Call Attendance / '/ David Zaremba ~/~L Brad Hoaglun Charlie Rountree / Keith Bird _~~ Mayor Tammy de Weerd ~. Pledge of Allegiance by Jack Madsen ~3. Community Invocation by Ed Kreiner with the Meridian Assembly of God / 4. Adoption of the Agenda ~~/ /'~ 5. Consent Agenda ~' ~ (Z A. April 6, 2010 City Council Regular Meeting Minutes B. April 6, 2010 City Council Special Joint Meeting Minutes C. Community Development Block Grant (CDBG) Subrecipient Agreement with Meridian Food Bank D. Sewer Main Easement for Diamond View Assisted Living E. Memorandum of Agreement for Work Experience and Agreement for Labor Expense Reimbursement Between the City of Meridian and Idaho Department of Labor for aNot-to-Exceed Amount of $10,000.00 F. Revised agreement with Ada County Highway District with aNot-to- Exceed Project Cost of $180,583.92 for Construction of the Eagle Road, Victory to the Ridenbaugh Canal Project with Original Agreement Dated September 8, 2006 G. Change Order #1 to the Original Task Order Dated November 13, 2008 for $20,201.00, with Hydro Logic, Inc., for Additional Professional Services Associated with the Development of a State Meridian City Council Meeting Agenda -Tuesday, April 27, 2010 Page 1 of 6 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. Certified Source Water Protection Plan for aNot-to-Exceed Amount of $30,000.00 H. Task Order #10148C for Thickened Waste Activated Sludge (TWAS) Pumping and Centrate System Improvements Design with SPF Water Engineering for anot-to-exceed amount of $62,500.00. SPF Water Engineering holds a Master Agreement for Services over $25,000.00, dated April 13, 2010. I. Revised Task Order 10018C with CH2M Hill for Design and Construction Services for the Bittercreek Lift Station and Pipelines Rebid Project for aNot-to-Exceed Amount of $47,600.00 J. Beer, Wine and Liquor Transfer of Owner from Lakeview Golf Club to Raven Golf Services dba Lakeview Golf Course; Located at 4200 W. Talamore Dr. K. Beer, Wine and Liquor Transfer of Owner from Mike McGuinness to KTFun LLC dba Muggsy's; Located at 501 S. Main St. L. Beer, Wine and Liquor Transfer of Owner from Iggys Grill to Pinnacle Sports Grill; Located at 2901 N. Eagle Rd. M. Approval of 2010-2011 Beer, Wine, Liquor Renewal Applications: Chili's I On the Border 3004 N. Eagle Rd. Beer/VUine Liquor Pier 49 Pizza 3665 E Overland Rd. Beer Harrys Meridian Grill 2032 E. Overland Rd. Beer/V11ine/Liquor Ricks Press Room 130 E. Idaho St. BeerlWine A New Vintage Wine Shop 1400 N. Eagle Rd. #104 BeerlWine EI Tenampa 906 N. Main St. BeerlWine Qdoba Mexican Grill #473 3068 Overland Rd. Beer/Wine Qdoba Mexican Grill #474 3319 N. Eagle. Rd. BeerlWine Firehouse Group/Bulls Head Station 1441 Eagle Rd. Beer/Wine/Liquor Bill n' Lynn's Place 229 W. Franklin Rd. Beer/Wine/Liquor Firehouse Pub & Grill 1767 W. Franklin #180 BeerlWine Rite Aid #5412 1600 N. Main St. Beer/VVine Jacksons #1 412 E. Fairview Ave. BeerlVVine Jacksons #11 1585 S. Meridian Rd. BeerlVHine Jacksons #35 522 Cherry Lane Beer/Wine Jacksons #56 66 E. State St. Beer/Wine Meridian City Council Meeting Agenda -Tuesday, April 27, 2010 Page 2 of 6 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. Jacksons #97 3100 Magic View Dr. BeerlVNine Jacksons #98 1950 E. Fairview Ave. Beer/Wine Jacksons #99 180 E. Central Dr. Beer/VVine Jacksons #105 3291 E. Pine St. Beer/Wine Jacksons #118 1625 W. Franklin Rd. BeerlWine Jacksons #140 3010 Goldstone Dr. Beer/Wine Red Robin 1475 N. Eagle Rd. BeerlWine/Liquor Walgreens # 06200 1570 E. Fairview Ave. Beer/Wine Walgreens # 10197 3150 W. Cherry Ln. Beer/VVine Walgreens # 10604 1625 S. Meridian Rd. Beer/Wine Walgreens # 11452 3263 N. Eagle Rd. Beer/Wine Walgreens # 11687 4850 N. Linder Ave. Beer/Wine Cafe Indigo/Courtyard by Marriott 1789 Eagle Rd. BeerlVNine/Liquor Meridian Mulligans 601 S. Main St. Beer/VUine/Liquor Siam Thai 2951 E. Overland Rd. BeerIVlline Fusion Asian Grill 3161 E. Fairview Ave. Beer/VUine Tobacco Connection 450 S. Meridian Rd. BeerlVNine Legacy Feed and Fuel 3100 S. Meridian Rd. Beer/VVine Jakers of Meridian 3268 E. Pine Ave. BeerlVUine/Liquor Pizza Hut #2165 675 S. Progress Beer Pizza Hut #2166 1752 W. Cherry Lane Beer Corkscrews Wine Shop & Pub 729 N. Main St. BeerlWine 6. Department Reports C~~ I I -'~- ~j r.c.~¢J~v1 A Mayors Office: Mayor's Youth Advisory Council Update / B. Parks De artment: Juli p us M. Klemer Memorial Park: Discusswn of Response to Staff Report Received from Ada County Highway '~~ District (ACRD) ~~.e f~~'~ 07~ Action Items 1 A. Public Hearing: CPA 09-007 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road, Approximately 1,200 Feet East of the Eagle/Franklin Intersection: Request to Amend the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 6.54 Acres of Land From Commercial to Industrial; and Also Change the Land Use Desi nation on 1.12 Acres of Land From Industrial to Commercial ~~ ~~. `'1( Ct..-.- Meridian City Council Meeting Agenda -Tuesday, April 27, 2010 Page 3 of 6 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 ho s prior to the public meeting. l~ 6 C K r` c~~ a. `~ ~ ~ Public Hearing: 09-005 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road, Approximately 1,200 Feet East of the Eagle/Franklin Intersection: Request for Rezone of 6.54 Acres from C-G to I-L Zone and Rezone of 1.12 Acres from I-L to C-G Zone C. Public Hearing: CPA 09-010 Southridge West Commercial by Cabra Creek, LLC -Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request to Amend the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 60.74 Acres of Land from Medium High Density Residential (MHDR), Medium Density Residential (MDR), Green Space and Park Land (PARK) and Mixed Use Commercial (MUC) to Mixed Employment (ME) Request to Continue to May 25, 2010 D. Public Hearing: AZ 09-010 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Annexation and Zoning of 5.63 Acres from RUT in Ada County to the M-E (Mixed Employment) District Request to Continue to May 25, 2010 E. Public Hearing: RZ 09-006 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Rezone of 9.33 Acres from the R-8 Zoning District to the C-C Zoning District Request to Continue to May 25, 2010 F. MFP 10-001 (Note: This is not a public hearing.) Crossfield Subdivision ~ J~U c No. 3 by Conger Management Group Located South of W. Ustick Road, West of Venable Lane: Request for Modification to the Fencing Materials rPreviously A proved f r Lot 14, Block 11 and Lot 18, Block Gam- P~ G. g 'CQti Public Heading: PFP 10-001 Monica Subdivision by B2 Investments, LLC Located at 327 N. Linder Road: Request for Approval of a Combined Preliminary /Final Plat consistin of 3 Building Lots on 3.62 Acres of Land in a I-L oning District ~~ ~ ~~ ~ cQ ~ f l P.H. Public Hearing: MDA 10-004 The Tree Farm by Spurwing Greens, LLP Located North Side of Chinden Boulevard on Both Sides of Black Cat Road, West of Spurwing Subdivision: Request to Remove a ~~ Provision From the Recorded Development Agreements (Inst. #106151218, #107025555, #107141993) and Include a New Provision to Allow the Construction of a Tennis Court Facility and Related Site Improvements ~C9d ~(Gc.C~S~' f/,t,hc~Q.n.Cp C~ . Meridian City Council Meeting Agenda -Tuesday, April 27, 2010 Page 4 of 6 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 a>s least 48 hou prior to the public meeting. / C K, ~(~ a<</ ~~s~-S g,ii~, Po"s I. FP 10-003 Bridgetower Crossing Subdivsion No. 17 by Primeland Investment Group, LLC Located 1/4 Mile West of N. Linder Road and 1/4 North of W. Ustick Road: Request for Final Plat Approval for 3 Residential Building Lots on Approximately 1 Acre in an R-4 Zoning 8 District Request to onti u~~ Ma 25, 2010 I J. Public Hearing: CPA 09-008 by City of Meridian Planning Q , ~ Department: Request for Comprehensive Plan Map Amendment to ~~" ~ Modify the Future Land Use Map by Replacing the Public / Quasi- Q, 1 Public Designation with a New Civic Designation; Changing the b~ Future Land Use Designations for Current and Former Churches and '~` Hospitals That Are Designated Public /Quasi-Public; Adding New Symbols to the Legend for Future Facilities (i.e., Schools, Parks, Fire V Stations, Transit Stations); Incorporating the Land Use Designations ~~ of the Ten Mile Interchange Specific Area Plan; Removing the Water Q...~, and Sewer Line Designations; Updating the Roadways Designated as ~V Entry Way Corridors; and Removing the Roadway Classifications by City of Meridian Planning Department ~i~ K. Public Hearing: CPA 09-009 by City of Meridian Planning Department Request for Comprehensive Plan Text Amendment Incorporating the Changes Associated with the Concurrent Map Amendment; Add Text (,~ to Clarify and Define Fire Station and School Sites; Update Old Text in the Recreation and Park Section of the Plan (Chapter VI and VII) and Incorporate Language Regarding the East 3rd Street Alignment Study by City of Meridian Planning Department Continued Department Reports A. Clerks Office -Approval of 2010-2011 Beer, Wine, Liquor Renewal Applications Pending Ada County License Submittal: Whitewater Pizza and Pasta Cottage Expressions/Miss Tami's Rudy's Pub 8~ Grill St. Lukes Regional Chronic Tacos Smash Burger 1510 N. Eagle Rd. 1031 N. Main St. 2310 Overland Rd. 520 S. Eagle Rd. 3240 E Louise 3223 E Louise BeerlWine Beer/Wine Beer/Wine BeerlWine Beer Beer/Wine (Also Pending State Approval on 4/26/2010) -~~c R B. Public Works Department Meridian City Council Meeting Agenda -Tuesday, April 27, 2010 Page 5 of 6 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. Verbal Request from Ron Carroll, at 1822 E. Bluetick Street, to Connect a Private Well to his house as an Alterna ive Wa er Source Request to Continue to May 4, 2010 ~~ Budget Amendment for $400,000.00 for Sludge Piping and Centrate Tank Improvements Budget Amendment for $400,000.00 for Reallocation of Funds from Capital Outlay -Land to Sewer Line for Extensions Budget Amendment for $150,000.00, Reallocation of Funds from Waste Water Treatment Plant (WWTP) Clarifier to Turbo Blowers and Aeration Basin Air Efficiency Improvements Line Item Reallocation of Funds from Sewer Line Extensions to Downtown Urban Renewal in the amount of $260,000.00 Planning Department: Discussion of Dirt Removal vs. Mining ~~~ ~~" D. Police Department: Budget Amendment for Spending Authority of Grant Funds fore-Exceed ount of $38,320.00 JQ e~~GB 9. It ms Moved From Cons nt Agenda O` 7 ~u~~~ ~~~C~e ~~'~ ~. ~-~,~ ~ C ~~~~~~~ ~ , ~ ~ - Olu-~-; 3 ~ Meridian City Council Meeting Agenda -Tuesday, April 27, 2010 Page 6 of 6 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. C D - ~ w S~ ~ _ ~~~ ~-~ ~ - ~~ ~«~~ ~ - Meridian City Council Meeting April 27 2010 A Pre-Council meeting of the Meridian City Council was called to order at 7:09 p.m., Tuesday, April 27, 2010, by Council President David Zaremba. Members Present: President David Zaremba, Charlie Rountree, Keith Bird, and Brad Hoaglun. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Caleb Hood, Sonya Wafters, Bill Parsons, Jeff Lavey, Mark Niemeyer, Steve Siddoway, and Clint Dolsby. Item 1: Roll-call Attendance: Roll call X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Zaremba: Good evening, everybody, and welcome. Thank you for your patience while we concluded another previous meeting. I will call this meeting to order of the City Council regular meeting for April 27, 2010. It is now about 10 minutes after 7:00 and we will begin with roll call attendance. Item 2: Pledge of Allegiance by Jack Madsen. Zaremba: Okay. Next item on our agenda is the Pledge of Allegiance and we will be led in that tonight by Jack Madsen. (Pledge of Allegiance recited.) Rountree: Thank you, Jack. Zaremba: Thank you very much. Jack, let me have you come up. For helping us with the Pledge of Allegiance here is a City of Meridian pin. Thank you very much. Rountree: Give him a candy bar or two. Zaremba: Oh. Oh, where is the candy? Thank you. We appreciate that. Thank you. Item 3: Community Invocation by Ed Kriener with the Meridian Assembly of God. Meridian City Council April 27, 2010 Page 2 of 44 Zaremba: Next item on the agenda is the community invocation which tonight we will be led by Ed Kreiner with the Meridian Assembly of God. We invite you all to join us in this prayer or take this as an opportunity for your own silent reflection. Kreiner: Thank you, Jack. All that nervousness was worth it, wasn't it? Got some candy and a medal. Like we just said, that we are under God one nation and we are one town under you. Tonight this business is going to deal with many -- many areas of our community, but we just want to take these moments to invite your presence and your wisdom among the decisions and discussions made today. We're not proud or arrogant; we humble ourselves before you and recognize your help in the affairs of man. In Jesus' name, amen. Item 4: Adoption of the Agenda. Zaremba: Thank you. Okay. We are now on Item 4, which is adoption of the agenda. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: A couple changes to the agenda tonight as we go through here. Under Action Items, No. 7, 7-C, D, and E, these are all related to Southridge West Commercial by Cabra Creek, LLC. There is a request to continue those to May 25th and also under 7-I, Bridgetower Crossing Subdivision No 17 by Primeland, also requested to continue to May 25. And under Item 8-B, Department Reports by the Public Works Department, Item 1, there is a request to continue that to May 4th. And with those changes, Mr. President, I move adoption of the agenda. Rountree: Second. Zaremba: All right. We have a motion and a second to adopt of the agenda as amended and all those in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda. A. April 6, 2010 City Council Regular Meeting Minutes B. April 6, 2010 City Council Special Joint Meeting Minutes C. Community Development Block Grant (CDBG) Subrecipient Agreement with Meridian Food Bank D. Sewer Main Easement for Diamond View Assisted Living Meridian City Council April 27, 2010 Page 3 of 44 E. Memorandum of Agreement for Work Experience and Agreement for Labor Expense Reimbursement Between the City of Meridian and Idaho Department of Labor for a Not-to-Exceed Amount of $10,000.00 F. Revised agreement with Ada County Highway District with aNot-to-Exceed Project Cost of $180,583.92 for Construction of the Eagle Road, Victory to the Ridenbaugh Canal Project with Original Agreement Dated September 8, 2006 G. Change Order #1 to the Original Task Order Dated November 13, 2008 for $20,201.00, with Hydro Logic, Inc., for Additional Professional Services Associated with the Development of a State Certified Source Water Protection Plan for aNot-to-Exceed Amount of $30,000.00 H. Task Order #10148C for Thickened Waste Activated Sludge (TWAS) Pumping and Centrate System Improvements Design with SPF Water Engineering for a not-to-exceed amount of $62,500.00. SPF Water Engineering holds a Master Agreement for Services over $25,000.00, dated April 13, 2010. I. Revised Task Order 10018C with CH2M Hill for Design and Construction Services for the Bittercreek Lift Station and Pipelines Rebid Project for aNot-to-Exceed Amount of $47,600.00 J. Beer, Wine and Liquor Transfer of Owner from Lakeview Golf Club to Raven Golf Services dba Lakeview Golf Course; Located at 4200 W. Talamore Dr. K. Beer, Wine and Liquor Transfer of Owner from Mike McGuinness to KTFun LLC dba Muggsy's; Located at 501 S. Main St. L. Beer, Wine and Liquor Transfer of Owner from Iggys Grill to Pinnacle Sports Grill; Located at 2901 N. Eagle Rd. M. Approval of 2010-2011 Beer, Wine, Liquor Renewal Applications: Chili's / On the Border 3004 N. Eagle Rd. Beer/V11ine Liquor Meridian City Council April 27, 2010 Page 4 of 44 Pier 49 Pizza 3665 E Overland Rd. Beer Harrys Meridian Grill 2032 E. Overland Rd. Beer/V11ine/Liquor Ricks Press Room 130 E. Idaho St. Beer/Wine A New Vintage Wine Shop 1400 N. Eagle Rd. #104 Beer/Wine EI Tenampa 906 N. Main St. Beer/Wine Qdoba Mexican Grill #473 3068 Overland Rd. Beer/Wine Qdoba Mexican Grill #474 3319 N. Eagle. Rd. Beer/Wine Firehouse Group/Bulls Head Station 1441 Eagle Rd. BeerlVVine/Liquor Bill n' Lynn's Place 229 W. Franklin Rd. Beer/Wine/Liquor Firehouse Pub ~ Grill 1767 W. Franklin #180. Beer/Wine Aid #5412 1600 N. Main St. Beer/VHine Jacksons #1 412 E. Fairview Ave. Beer/VNine Jacksons #11 1585 S. Meridian Rd. BeerlVNine Jacksons #35 522 Cherry Lane BeerlWine Jacksons #56 66 E. State St. BeerNVine Jacksons #97 3100 Magic View Dr. BeerlWine Jacksons #98 1950 E. Fairview Ave. Beer/Wine Jacksons #99 180 E. Central Dr. BeerlWine Jacksons #105 3291 E. Pine St. Beer/VNine Jacksons #118 1625 W. Franklin Rd. Beer/Wine Jacksons #140 3010 Goldstone Dr. Beer/Wine Red Robin 1475 N. Eagle Rd. BeerNVinelLiquor Walgreens # 062001570 E. Fairview Ave. BeerlWine Walgreens # 10197 3150 W. Cherry Ln. BeerlVUine Walgreens # 106041625 S. Meridian Rd. Beer/Wine Walgreens # 11452 3263 N. Eagle Rd. Beer/Wine Walgreens # 11687 4850 N. Linder Ave. BeerIVlline Cafe Indigo/Courtyard by Marriott 1789 Eagle Rd. Beer/VNine/Liquor Meridian City Council April 27, 2010 Page 5 of 44 Meridian Mulligans 601 S. Main St. Beer/V11ine/Liquor Siam Thai 2951 E. Overland Rd. Beer/Wine Fusion Asian Grill 3161 E. Fairview Ave. Beer/VUine Tobacco Connection 450 S. Meridian Rd. BeerlWine Legacy Feed and Fuel 3100 S. Meridian Rd. BeerlWine Jakers of Meridian 3268 E. Pine Ave. Beer/Wine/Liquor Pizza Hut #2165 675 S. Progress Beer Pizza Hut #2166 1752 W. Cherry Lane Beer Corkscrews Wine Shop & Pub 729 N. Main St. Beer/Wine Zaremba: Next item is the Consent Agenda. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: I move approval of the Consent Agenda and that the Mayor and President be authorized to sign and the Clerk to attest. Rountree: Second. Zaremba: We have a motion and a second. All those -- I'm sorry. This is a roll call. Madam Clerk. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Mayors Office: Mayor's Youth Advisory Council Update Zaremba: Okay. Next is Item 6, the Department Reports. We have the Mayor's Youth Advisory Council update and I believe this is Caroline Lincoln. Lincoln: Hi. I'm Caroline and I go to Meridian High School. I am a junior and I'm, actually, a member of the executive board of the Mayor's Youth Advisory Council and I am here to present our monthly update. So, this month has been a really -- really a lot of focus on government affairs. We were instrumental in the texting while driving and while it failed we are still like really glad to have the Meridian City Council April 27, 2010 Page 6 of 44 opportunity to be involved in it and support it and we hope to come back next year and be just as involved in it and we had money from the American Lung Association and we are using our remaining dollars that we have to study USB project and it's where we are making PDAs to send out to different cities, so that we can show them the ins and outs of the Mayor's council, so that maybe people can start them and be involved in their community and we had a lot going on with that and so you all probably saw Luke get his head shaved and he had his head shaved, because if we raised our ideal goal of money for the Meridian Food Bank, then, he said he would shave his head and so he did and we would like to thank you all for your support. It was really awesome that we got to run the event and go through all the planning and everything and, then, actually, see it be a success, because I know we helped out the Food Bank and a lot of families in Meridian that needed it and we just wanted to thank you for all that. And, then, another subcommittee that we have in Mayor's Youth Advisory Council is TAC and this month we had an event at Wahooz. Every month we put on an event to keep kids busy, just keep them out of trouble, and this was our most successful event. We had 60 people. So, there was a lot of people at TAC events. And we were supposed to have our elections last meeting, but it didn't work out, so next meeting we are having our elections to see who is chair and co-chair next year for Council and I was nominated for co-chair, so, hopefully, I will see you as the co-chair next year. And just thank you for listening to me today and even though Mayor de Weerd is not here I wanted to say thank you to her, because she's just so involved and helps us out. She's taught us so much this year and next month it will be our last meeting, but I think we had a really great year and thanks for supporting us all year. Zaremba: Thank you very much. We appreciate the update. Any questions from the Council members? Hoaglun: Mr. President, I do have one quick question, Caroline. You raised 4,000 dollars for the Food Bank, which is a great sum of money, we do appreciate that and I'm sure next year the goal will be higher. Lincoln: Uh-huh. Hoaglun: Any idea what you're going to ask Luke to do next year? Lincoln: Well, yeah, not really sure what we are going to ask him to do next year. We do a different event each year. Last year was the Meth Project. This year was the Food Bank. So -- well, you know, hair grows back, so -- you know, have him maybe diet or -- Hoaglun: Or a tattoo, maybe, you know. Lincoln: Tattoo? Mayor's Youth Advisory Council? All of our names. That would be awesome. Meridian City Council April 27, 2010 Page 7 of 44 Hoaglun: We will have to think about that. We will help you out on that. Lincoln: Yes. Okay. Hoaglun: Okay. Bird: I think you ought to make Eli shave his head. Lincoln: Oh. Yeah. Nary: I like that. That's a great idea. Lincoln: I think Eli values his hair. We will see. Hoaglun: We appreciate your work in the Mayor's Youth Council. B. Parks Department: Julius M. Kleiner Memorial Park: Discussion of Response to Staff Report Received from Ada County Highway District (ACRD) Zaremba: Thank you so much. Okay. Next item is another Department Report and this is from the Parks Department. Mr. Siddoway. Siddoway: Thank you, Mr. President, Members of the Council. This is an update on the Kleiner Park and the ACRD staff report. We received the ACRD staff report for the Kleiner Park last Wednesday and you should have received a copy of that report for your packets tonight. There are a number of issues that we need to work out in that report related to acquisition of off-site right of way and -- and related issues and, therefore, we have requested continuation of the hearing. The ACRD hearing is scheduled for tomorrow night, Wednesday night, at 6:00 p.m. We have requested continuation in order to work on some of these issues. However, the -- it is an evening meeting and the neighbors have been invited to that meeting. So, I do anticipate that that hearing will be opened, that they will most likely take testimony from the neighbors who will be there. As we heard when we held a similar hearing here, about access issues to and through the park. And, then, we hope to have that item continued into May, so that we can continue to work on the -- the other items. With that I will keep you posted on design changes as they do come up and we work through them with staff. We did have a meeting this morning with Gary Inselman, who is here from ACRD. Kristy Little, who was, I think, I believe the main author of the report that we received. And others from the city and the park trust as well. Got some of those ideas out on the table and I think everyone is in agreement that we need to work on those items in the coming weeks. So, with that I will end and, then, just stand for questions and just offer to bring you forward those potential design changes as they are worked through. Any questions? Meridian City Council April 27, 2010 Page 8 of 44 Zaremba: Any questions, Councilmen? Bird: Mr. President, I do have one -- Zaremba: Mr. Bird. Bird: -- and it's not regarding this, but, Steve, I want to thank you and your staff for going out there and taking care of that water plaza last week for us. Certainly appreciate it. Thank you. Siddoway: You're welcome. Zaremba: Okay. So, it sounds like it would be important to have a presence at their commission meeting tomorrow night -- Siddoway: Yeah. Zaremba: -- if they are going to take any testimony at all. I can join you. Do you wish to have any other councilmen or am I enough? Siddoway: You know, Iwould -- certainly anyone is invited, but I think for tomorrow night, if you were able to come -- I will certainly be there. The way see this working is ACHD staff will make the presentation that they have prepared. We will make a very brief presentation stating the request for continuance of the reasons why and, then, they will open it up for public testimony, because it has been noticed to the neighbors, we anticipate several people will be there and some of them may not be able to come the night that it will be continued to, so we do anticipate taking testimony tomorrow night at the -- or having them take testimony tomorrow night at the hearing. Zaremba: Okay. Siddoway: So, we do need to be there, but we do anticipate a continuation as well. Zaremba: All right. I will join you tomorrow night. Siddoway: Okay. Thank you. Zaremba: Any further questions? Rountree: Mr. President? Zaremba: Mr. Rountree. Meridian City Council April 27, 2010 Page 9 of 44 Rountree: Would you provide us just a synopsis of what transpires tomorrow evening? Zaremba: Sure will. Rountree: Thank you. Siddoway: Thank you. Item 7: Action Item. A. Public Hearing: CPA 09-007 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road, Approximately 1,200 Feet East of the Eagle/Franklin Intersection: Request to Amend the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 6.54 Acres of Land From Commercial to Industrial; and Also Change the Land Use Designation on 1.12 Acres of Land From Industrial to Commercial B. Public Hearing: RZ 09-005 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road, Approximately 1,200 Feet East of the Eagle/Franklin Intersection: Request for Rezone of 6.54 Acres from C-G to I-L Zone and Rezone of 1.12 Acres from I-L to C-G Zone Zaremba: Good. Okay. Now, we are going to -- it just occurred to me we don't have the item that says things moved from the Consent Agenda. Oh. There. It's way down to No. 9. We didn't have any anyhow, but I just kind of was expecting it here. All right. We are onto Item 7, which is the Action Items, and A is the public hearing on CPA 09-007 and we will begin with the staff report. Wafters: Thank you, Councilman Zaremba, Members of the Council. The next application before you is for Seyam Subdivision. The site is located on the north side of East Franklin Road, east of the Eagle-Franklin intersection, and Ashley Furniture store. Our first application is the Comprehensive Plan map amendment to change the land use designations on 6.54 acres of land from commercial to industrial. That's just directly adjacent to Franklin Road there. And 1.12 acres from industrial to commercial. And that's this part here. And a rezone of 6.54 acres from I-L, light industrial, to C-G, general retail and service commercial. And 1.12 acres from I-L to C-G, consistent with the Comp Plan amendment request. The Commission heard these items on March 4th and the-18th. At the public hearing on the 18th they moved to recommend approval of the subject Comp Plan amendment and rezone request. Summary of the Commission hearing. Brad Miller testified in favor of the application. No one testified in Meridian City Council April 27, 2010 Page 10 of 44 opposition. Key issue of discussion by the Commission was concern about the esthetics of an industrial use and buildings being located adjacent to Franklin Road, an entryway corridor into the city, and difficulty with applying commercial design standards to an industrial building that isn't really suited as such. The Commission did not make any changes to the staff recommendation. Outstanding issue for City Council is to determine if it's in the best interest of the city to approve a change to the future land use map and zoning map that would allow an industrial use to develop on this site adjacent to Franklin Road, an entryway corridor into the city. No written testimony has been received on this application. Staff is recommending approval of the applicant's request, with a development agreement, provided that no outdoor storage of materials be located between the facades of the structures adjacent to Franklin Road and a future extension of Touchmark Way and the facades of the structures and portions of the site directly adjacent to Franklin and the future extension of Touchmark, develop in accord with the design guidelines for commercial developments, rather than industrial developments. Staff will stand for any questions the Council may have at this time. Zaremba: Thank you. Council, any questions? Rountree: I have none. Bird: I have none. Zaremba: Thank you. And we will hear from the applicant. Welcome. Miller: Thank you. Brad Miller with Van Auker Properties, 3084 East Lanark in Meridian. Thank you very much for taking time to hear our application. The -- back in 1994 when we zoned this property there was an arbitrary line that was drawn there to divide the industrial from the commercial and when we went through to subdivide this property, there is a split zoning on the -- on that first lot to the east of that new proposed road there. And so one of the requirements of the subdivision approval was that we either move a lot line to the zoning or we move the zoning to the lot line. So, what precipitated this application was to the north of that we have abuilding -- 142,000 square foot building that's primarily occupied by Scentsy and so they came to us and said that they needed a large distribution warehouse and so we came to the city to see if we could do that on this property and they said, well, we have got a problem with the split zoning. So, we went through that and it was decided the best course of action was to do -- would be to do a Comprehensive Plan amendment. So, we applied for that. Since we applied for that and since the P&Z hearing things have kind of changed a little bit with Scentsy, so they may be going another direction, but we still would like to follow through with this and go ahead and have this -- this decision made to change it to an industrial zoning. The protection -- we understand it's an entry corridor and the requirements that the staff has put in place would require us to build it to a commercial building standard, so we are willing to meet that design Meridian City Council April 27, 2010 Page 11 of 44 criteria and we will move ahead in that direction. So, we think that we can build a nice esthetically pleasing, probably a distribution warehouse building there. When you look at the -- and when you say industrial, a lot of people envision, you know, smoke stacks and all that. Well, I mean you know what our buildings are and they aren't that. And if you go to the west of there and you look at R.C. Willey and you look at Ashley Furniture, basically, those are large industrial buildings, even though they are -- they are retail buildings, you look at them, they are the same as what we would build, although I think ours would be a little bit more pleasing, because of the requirements that we have, which have been enhanced since both of those buildings were built. So, we appreciate your consideration of this. I'll stand from any questions. Zaremba: Council, any questions? Bird: I have none. Rountree: I have none. Thanks, Brad. Miller: Thank you. Zaremba: All right. Thank you. I do have one question before we go on of Mr. Nary. In announcing this, I only opened the CPA 09-007. We have had some testimony on the rezone, which is RZ 09-005. Can I open that in reverse? Nary: You can open that now. That's fine. Zaremba: Okay. I -- Nary: And it is offered, Mr. President. And, then, if anyone else has additional comment, then, they can certainly come up if they want to make any additional comment about the rezone. Zaremba: Okay. So, let me clarify that both CPA 09-007 and RZ 09-005 are open. I was thinking we had to do comprehensive plans separately, but we can do them together. This is a public hearing and I don't have anybody signed up to testify, but if anybody in the audience would care to offer any testimony or comment on both of the issues, either one or both of the issues, you're welcome to do so now. Having given the opportunity and seeing nobody come forward, gentlemen, unless you have questions, I would entertain a motion to close both hearings. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I move that we close the hearings on Items 7-A and B. Meridian City Council April 27, 2010 Page 12 of 44 Bird: Second. Zaremba: I have a motion and a second. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: ALL AYES. Bird: Mr. President? Zaremba: Mr. Bird. Bird: I move we approve CPA 09-007 for Seyam Subdivision by Ron Van Auker and to include staff and applicant testimony. Rountree: Second. Zaremba: We have a motion and a second. All in favor say -- or do we need roll call. I'm sorry. Madam Clerk, may we have a roll call. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. Zaremba: Motion passes. MOTION CARRIED: ALL AYES. Zaremba: Next items on the agenda are three -- Bird: Mr. President -- Mr. President , I need to -- I would -- Zaremba: So, you split them and -- meant that. Bird: I would move that -- Zaremba: Okay. I'm sorry. Bird: I would move that we approve RZ 09-005, the rezone of 6.5 acres and 1.12 acres, and to include all staff and applicant testimony. Rountree: Second. Zaremba: Okay. Again, we have a motion and a second. This one on RZ 09- 005. Madam Clerk, please, call role. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. Meridian City Council April 27, 2010 Page 13 of 44 Zaremba: Again that motion does carry. MOTION CARRIED: ALL AYES. C. Public Hearing: CPA 09-010 Southridge West Commercial by Cabra Creek, LLC -Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request to Amend the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 60.74 Acres of Land from Medium High Density Residential (MHDR), Medium Density Residential (MDR), Green Space and Park Land (PARK) and Mixed Use Commercial (MUC) to Mixed Employment (ME) D. Public Hearing: AZ 09-010 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Annexation and Zoning of 5.63 Acres from RUT in Ada County to the M-E (Mixed Employment) District E. Public Hearing: RZ 09-006 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Rezone of 9.33 Acres from the R-8 Zoning District to the C-C Zoning District Zaremba: So, now we are ready to move on to C, D, and E, which I will open the public hearings for CPA 09-010, AZ 09-010, and RZ 09-006. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I move that we continue Items 7-C, D, and E until May 25th, 2010. Hoaglun: Second. Zaremba: We have a motion to continue all three of these and I will note that we have nobody signed up to speak. All in favor of the motion? Any opposed? Those three items are continued to May 25th. MOTION CARRIED: ALL AYES. F. MFP 10-001: Crossfield Subdivision No. 3 by Conger Management Group Located South of W. Ustick Road, Meridian City Council April 27, 2010 Page 14 of 44 West of Venable Lane: Request for Modification to the Fencing Materials Previously Approved for Lot 14, Block 11 and Lot 18, Block 10 Zaremba: Next is MFP 10-001. Note that this is not a public hearing. And we will begin with the staff report. Wafters: Thank you, Councilman Zaremba, Members of the Council. The next application before you is for Crossfield Subdivision No. 3. The site is located south of West Ustick Road and west of Venable Lane. The application is for a final plat modification to change the previously approved fencing material for the perimeter of Lot 14, Block 11, and the portion of the perimeter of Lot 18, Block 10, that is adjacent to the east boundary of Lot 17, Block 10, from four foot tall wrought iron to four foot tall solid vinyl. The reason for the request is that the applicant inadvertently constructed vinyl instead of wrought iron fencing, as shown on the landscape plan approved with the final plat. The applicant's requested change is consistent with the fencing standards contained in the UDC, therefore, staff is recommending approval of the application. The applicant has submitted a letter in agreement with the staff report. Staff will stand for any questions the Council may have. Zaremba: Councilmen, any questions? Bird: I have none. Rountree: I have none. Zaremba: Thank you. I would entertain a motion. Hoaglun: Mr. President, I move approval of MFP 10-001 and to allow the four foot solid vinyl fencing. Bird: Second. Zaremba: Okay. We have a motion and a second. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: The thought crosses my mind and I do now have a question. Can you give me the genesis of why the wrought iron open fencing? Was that a comment from the police? Wafters: No, Councilman Rountree. It was -- it was just what was proposed by the applicant to begin with. Meridian City Council April 27, 2010 Page 15 of 44 Rountree: Okay. Watters: Therefore, it was a requirement that was approved on the plan. Rountree: Thank you. Zaremba: Okay. We have a motion to approve. All those in favor say aye. I'm sorry. This is a roll call again. Okay. Madam Clerk, will you, please, call roll. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. Zaremba: That motion does carry. MOTION CARRIED: ALL AYES. G. Public Hearing: PFP 10-001 Monica Subdivision by B2 Investments, LLC Located at 327 N. Linder Road: Request for Approval of a Combined Preliminary /Final Plat consisting of 3 Building Lots on 3.62 Acres of Land in an I-L Zoning District Zaremba: Next is Item G and this, again, is a public hearing. I will open the public hearing for PFP 10-001 and we will begin with a staff report. Parsons: Thank you, Mr. President, Members of the Council. The site before you is on the west side of North Linder Road and approximately a quarter mile north of Franklin Road. The application before you is fora combined preliminary/final plat of three industrial zoned lots. You can see here in the zoning in the aerial that most of the property surrounding the site is zoned I-L and there are some properties to the east that are currently in the county and are planned for a mix of uses in the future. So, here, again, is the preliminary plat. Lot 1 is currently developed with an existing A-1 Heating business and so the current owner of the property just wants to subdivide the property and create two additional lots. Access to those two vacant lots will be served by across-access, which is noted on the plat. You also recall that this project came before you back in 2005. The applicant thought he had satisfied all of the city's requirements and failed to record the subdivision. So, it's, basically, a redo before you tonight. So, here is the final plat again. You can see all the easements that are depicted on that. The applicant is in agreement with the staff report. There was one -- not really an outstanding issue, but there was one comment in a staff report that I wanted to bring to your attention. The site currently uses domestic water for its irrigation and we did receive that letter late this afternoon from the irrigation district stating that the nearest facility is roughly 750 feet away and it would just be very expensive for that -- for that -- for them to get water to them. So, at this point they didn't feel like it was necessary -- they felt it was unserviceable at this Meridian City Council April 27, 2010 Page 16 of 44 time. So, you did receive that letter in your packet tonight. And, again, there aren't any outstanding issues. We did not receive any written testimony since the last hearing. Commenting at the Commission meeting was Pat Minegar, which is the property owner. Key issues of discussion by the Commission. There were none. With that I will stand for any questions Council may have. Zaremba: Questions? Rountree: I have none. Bird: I have none. Zaremba: All right. Thank you. Is the applicant here? Please come forward. Thank you. Minegar: Thank you, Mr. President, Members of the Council. Zaremba: Please state your name and address for the record. Minegar: I'm sorry. Pat Minegar. My address? Zaremba: Yes. Minegar: Is 3327 North Linder Road is my business. In Meridian. Zaremba: Thank you. Minegar: This application did come before you in 2005. Due to some career changes that the civil engineer made, three of them, during the course of the project, the final plat didn't get recorded and so I'm back before you and I stand for any questions. Zaremba: Great. Any questions from the Council? Hoaglun: Mr. President? Just a quick question. Zaremba: Mr. Hoaglun. Hoaglun: If I recall a driving -- I drive that road. Your landscaping requirements for water is pretty minimal, if I recall. Minegar: Uh-huh. Hoaglun: Should be served well with that domestic water and -- yeah. So -- okay. That's all I have. Meridian City Council April 27, 2010 Page 24 of 44 Zaremba: Okay. I know we have had a general policy that we do water and sewer. Let me ask. Does this cause any problem if we were to approve sewer only? Canning: President Zaremba, Members of the Council, the property to which you would be extending it is not in the City of Meridian, so that's generally of concern to the Council. Water in this area -- we do not provide water, it's a United Water service area. So, we are not providing any water. But it would be unusual for us to extend it without an annexation agreement or application. If the -- the applicant -- if they do -- if their septic tank is destroyed, then, Central District Health probably won't let you build another one, because sewer is available now. So, this may be an issue of the future, I suspect. Blackstead: That's why I was asking for -- Zaremba: But it's something that just gets resolved in the process? Do we need to express an opinion on it? Canning: You will have an opportunity. It will be a public hearing -- Zaremba: At another time. Canning: -- an annexation public hearing probably is what it will be. But we can figure out that when we come to it. You don't have the tools before you tonight to approve it, I don't believe. Zaremba: Thank you. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun: Hoaglun: Anna or Rod, that -- where that system would be located is in the Spurwing side of things, not -- not the part that's been platted already, so that -- that's an issue we will have to resolve, if that's what you want to do with that little -- that building there; is that right? Blackstead: Understood. Yeah. Zaremba: Okay. Anything you wish to add? Blackstead: I think I'm good. Zaremba: Okay. Thank you. Blackstead: Okay. Thank you. Meridian City Council April 27, 2010 Page 18 of 44 on Both Sides of Black Cat Road, West of Spurwing Subdivision: Request to Remove a Provision From the Recorded Development Agreements (Inst. #106151218, #107025555, #107141993) and Include a New Provision to Allow the Construction of a Tennis Court Facility and Related Site Improvements Zaremba: All right. Next we will do Item H. I will open this public hearing for MDA 10-004 and we will begin with the staff testimony. Parsons: Thank you, Mr. President, Members of the. Council. The subject site is located on the north side of Chinden Boulevard, just east of the Spurwing Subdivision. This property was annexed in 2006, known as the Tree Farm annexation. Since, then, a portion of it has been platted and the applicant is coming before you tonight to modify some of those provisions in the DA and also comply with the recent time extension that staff took action on to tie some elevations to the plat, too. Here is the aerial of the site. I have -- like I said, the purpose of this request is for two. One to tie elevations and the other is to construct a tennis facility on unplatted portion of the property. And so this graphic before you shows you a close up on where they are proposing to locate that facility in relation to the Spurwing Subdivision to the east. Before I get into the specifics of the amenity, I did want to allow you to take an opportunity to look at the elevations that we are -- our staff has recommended approval of in the DA staff report. You can see on the left-hand side those are some of the homes that are scheduled for the R-8 portion, R-15 portion of the subdivision, and, then, the larger estate homes on the right-hand side will be slated for this portion of the subdivision that we will be talking about tonight or the unplatted portion that we are talking about tonight. Here is the concept plan that the applicant has proposed with the application. You can see here that there is three tennis court facilities and, then, of course, the biggest issue is the connection with the Spurwing Subdivision, which is an Ada -- unincorporated Ada County. The applicant, again, is proposing to have this constructed on unplatted property. The current DA on the site says that a building permit will not be issued until the property is subdivided. Right now if you look in the left-hand corner you will see a dashed line and if you can follow this arrow, that's the approximate location of where the property is final platted. So, anything north of that boundary, public streets are in, services are in, and that's ready to move forward with houses to be constructed. So, really, we are talking about everything to the south of that platted line, if you will. That portion has been preliminary platted, it just has not been approved for final plat. Looking at the approved preliminary plat for that site, the location of this facility pretty much will displace the micropath lot and two buildable lots. So, that's the biggest change from this -- from this amenity to the previously approved preliminary plat. To get into more specifics, what I've done on this graphic is try to show you that, because the applicant wants to tie the two subdivisions together, you can see that some of the tennis court facilities -- or the tennis facility is going to overlap onto some of the Spurwing Subdivision. So, this Meridian City Council April 27, 2010 Page 19 of 44 graphic with the red dotted -- dashed line shows you what improvements will be occurring on the Spurwing Subdivision and what improvements will be occurring on the unplatted portion within the city. The applicant has received administrative approval through Ada County Development Services to move forward with the Spurwing Subdivision improvement. We have not received any testimony or any calls from any of the adjoining neighbors. I did speak with a couple folks over the counter this morning and they were -- just wanted to make sure that the driveway was going to be gated and that was their biggest concern out there. I did put some analysis in the staff report for you. Typically, our private street standards do prohibit gates from been located on them, but due to the fact that this is a drive, I want to stress that this is not the public road or a private, it will be a common access drive. So, there really is no conflict in the ordinance that would prohibit it from being gated at this time. So, I did want to go on record and inform you guys that that's what the code -- how the code is written. The applicant's in agreement with the staff report and, like I said, the only outstanding issue is if you want the gates along that common drive or not. With that I will stand for any questions you may have. Zaremba: Council, any questions? Bird: I have none. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Would you point out the locations of the gates? Parsons: Mr. Rountree, I would be happy to. It will be here at the west entrance on the Jaker site and, then, over here in the southeast corner off of Balta Court in the Spurwing Subdivision site. So, it will be gated on both ends. And, then, up in the right-hand corner you will see the depiction of what they are proposing as far as those gated entries. Rountree: And what access is provided from the road that's in the middle of that graphic going north? Parsons: Councilman Rountree, are you referring to this? Rountree: Yes. Parsons: Currently right now that is a golf course. Path for golf carts. Rountree: Okay. Meridian City Council April 27, 2010 Page 20 of 44 Zaremba: On that same subject, even though the gates will physically be on private property, I guess, do our police and fire still have a way to get through them, access to open them, or do we feel that's necessary? Niemeyer: President Zaremba, I talked to Deputy Chief Silva on this today and he said there was not an issue for the fire department. We do have access through those gates. So, we are -- we are good with this. Zaremba: Okay. Thank you. Another question, if I may. You mentioned a micropath. I didn't understand. It was either being removed or rerouted. Was that a required pathway, by any chance, and, if so, was it rerouted? Parsons: President Zaremba, there is a couple mircopaths and I will elaborate on it a little bit more. One is already platted with phase one of Jaker sub and that's to the north and, currently, that stubs to nowhere. It doesn't provide any connection, it's just there. The applicant is seeking some relief from that lot. They want to remove that. I called it out in the analysis section of the staff report that the appropriate mechanism for that is to go through the final plat modification process to remove that requirement and do a property boundary adjustment to include that as part of a buildable lot. So, that was approved under a separate process. It wasn't a requirement of the DA, so that, therefore, I wanted to at least put that in there for you. However, the concept plan for the Tree Farm does show a pedestrian connection in this location. That was approved with that concept plan. So, with this connection, even though it is vehicular, it still provides pedestrian connection, so we can support that there is still somewhat -- they are still meeting the intent of their concept plan, so they are providing both vehicular connection with both subdivisions -- just for subdivision -- folks that live in that subdivision and also a pathway for folks to get in between one other. So, it's a dual purpose drive, if you will. Zaremba: Okay. Thank you. Any other questions for staff? Rountree: Mr. President. Without a plat do we have legals that would identify which portion or the entire parcel would ultimately be annexed into the city or will any of it be annexed into the city? Parsons: Councilman Rountree, the property is already annexed. They will be required to go through certificate of zoning compliance and design review approval for that amenity. They had stated in their DA provisions -- one of the proposals was to plat this property within two years. So, we can anticipate that that open space will become part of a final plat in the future, but to have some specific legals, maybe something they could do with their CZC application to call out what that area would be, but at this point we would only be looking at the entire property -- size of that property as it is now. So, basically, it's one lot. Rountree: But isn't that portion to the east in the county? Meridian City Council April 27, 2010 Page 21 of 44 Parsons: That is correct. Councilman Rountree, that is correct. Rountree: And don't we kind of create a nightmare in terms of permitting and building inspection and those kinds of things as this facility develops a major portion in either jurisdiction? Parsons: Councilman Rountree, the applicant has spoke with Brent Bjornson and they have been informed that they won't -- the only permit they would need would be for a fencing permit for the construction of the tennis court facility. But because it is an amenity we would require a CZC and design review approval per our requirement. So, yeah, that was one of the issues that we had is their straddling right -- the tennis court facility is actually on a portion of Ada County property. Rountree: So, the -- what appears to be a clubhouse will have United Water and they will connect to Meridian sewer? Parsons: Councilman Rountree, to my knowledge I had not been told that they would hook up to city services at this time. Maybe the applicant can clarify on that issue for you. Rountree: Okay. Thank you. Zaremba: Any other questions at this point? All right. Thank you. In that case I would like to call the applicant forward for anything you wish to contribute and, please, start with your name and address for the record. Did you hand one to the clerk? Thank you. Blackstead: Good evening, Mr. President and Councilmen. My name is Rod Blackstead, I represent the Sundance Company, the new owners of Jaker Subdivision, which is currently marketed as the Tree Farm Subdivision. My address is 11760 West Executive Drive, Boise. For the record, I would also like to note one thing. We are in the process of changing the name of this project to Spurwing Greens Subdivision and we do have approval from the board of directors from Spurwing Country Club to do that. So, hopefully, in the future that's how I'm going to be referring to this project. I'd like to thank Bill, he did a great job. He's pretty much did my whole presentation, but what I would like to do is clarify a few things and, then, stand for any questions that you have. I also have Cornell Larsen in the audience with me, the architect that drew these renderings and such. If you can direct yourself to page one, that's kind of an overview of the entire project that we have under ownership. The white lots are the recorded lots, the yellow lots are the preliminary platted lots that we are asking for you to extend our time frame on those due to the current market conditions and to the fact the new ownership. Of course, the green areas, the common area, the tan area are additional properties that we are vested in. On Meridian City Council April 27, 2010 Page 22 of 44 the right side of that plat is the tennis courts that we are proposing to build in the unplatted -- in the preliminary platted land. What I would also like to comment on is -- clarify that road that runs to the north, that pathway, that is actually an emergency vehicle access drive that connects the two cul-de-sacs on -- in Spurwing Subdivision, the north cul-de-sac and the south cul-de-sac and what we are proposing to do is continue that access point to the west and come out onto Silver Maple -- or Sunset Maple Way to provide, you know, connectivity through there and, yes, we did get with the fire department, got their approvals on it, have all the necessary safety requirements for them to gain access through there. Let's see. As far as -- on the Ada County side we have been through their process and got all the necessary approvals to build the monuments, the gates, construct that portion of the driveway and we have received all the permits to remodel the comfort station into a tennis center. That's all complete, ready to -- to start. For the record, I believe that tennis court is under United Water service, along with that subdivision, along with the Spurwing Greens Subdivision, it's all United Water. As far as sewer goes, the bathroom located there on the golf course is -- is currently served by a septic system and when we remodel that septic -- or remodel that comfort station into the tennis center we will probably destroy the septic system and either have to move it, but what we are asking in our packet was approval to hook to city sewer. So, if you guys approve this, that's part of the condition that I believe is in our application. Okay? We can provide you legal documents, easements, or whenever that -- for the location of the tennis courts and the -- and the driveway. Is there any questions on any of that to this point or -- Zaremba: Councilmen, any questions yet? Proceed. Blackstead: So, again, for the record, we are in -- in agreement with the staffs report. What I'd like to do now, if I could, is just take a quick moment and maybe have you refer -- turn to page nine and what I would like to do is just give you a quick overview of the project on some of our vision on the future. What we present so far is what we are asking for approval on. What I would like to just kind of touch on is the fact that we will be coming back in the next few months, making some additional changes to the project, but I would like to kind of present those to you a little bit this evening to give you an idea of how the entire project will look. On page nine you'll notice that's the main entrance coming in off of Chinden and what -- what's going on there is on the west side the previous developer never landscaped it, so we will be coming back and asking for permission to go ahead and landscape the west side, build some new monuments, change the signage, make some covered entries over the sidewalks, similar to how these drawings are shown. On page ten is an aerial view of conceptual drawings that we are planning to bring forth for a new entrance into the estate's area of the subdivision. On page 11 is a little bit more detail of that. What we will be doing is adding the waterfalls on the left side of the drawings, we will be building the sandstone fences, the new entry signage, and we would like to build a covered entryway into this phase of the project. What we Meridian City Council April 27, 2010 Page 23 of 44 have got off -- off to the right side of this drawing is a little loop driveway, if you will, that will allow the neighbors that live in this section of the subdivision to drive into this area underneath the covered entry and that's where they are going to pick up their mail. In this project there is cluster mailboxes that -- what have been approved on the sidewalks. What we would like to do is kind of cluster all those into a building with a covered drive through area where people can come, stop, get their mail and, then, continue on home. So, that's some items that will be coming back to show you and we will be making a few other plat changes and et cetera, but we will continue working with your staff over the next few months on those -- those items. In conclusion, again, what we are asking for this evening is to extend our preliminary plat to modify our development agreement to include the elevations as shown and we are asking your approval to build the tennis courts. This concludes my presentation. Again, myself and Cornell Larsen are here to answer any questions that you may have. Zaremba: Thank you. Council, any questions? Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I have a question on the request. This public hearing only addresses -- at least it's only advertised, the modification of the development agreement. It has nothing about the extension of the preliminary plat. Are we -- we are not advertising that? Parsons: President Zaremba, Members of the Council, Councilman Rountree, the condition of the plot being extended was that they get -- they amend the DA and tie elevations to the plat. So, if you approve those elevations tonight as proposed and that staff has recommended, the plat will be extended 18 months. That was an administrative approval already. Rountree: Administrative approval? Parsons: Yes. Rountree: Okay. Canning: President Zaremba, I did want to clarify one thing. We looked at the application and it does not include a request to extend sewer to the restroom facility. So, that was not evaluated as part of this development agreement. Blackstead: I stand corrected. Canning: Wanted to make sure we all were on the same page. That was all. Meridian City Council April 27, 2010 Page 30 of 44 Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Caleb, just before I forget, you need to update your base map, too. All of them exclude Ten Mile interchange, so that's going to be real when you do this. Hood: Okay. So, in conjunction with the public/quasi-public specific name change that I mentioned earlier, staff is proposing to change the designation for all current and former church sites and hospitals that are currently designated public/quasi-public. The individual church slash religious institution and hospital sites, once did carry a future land use designation that most clearly -- closely represents their current zoning and is compatible with the adjoining land uses. Mr. Nary, myself, had a neighborhood meeting on December 7th. We notified all the property owners that you see on this map here. We met in this room, had some -- took some questions and everyone Ithink -- I think it was well received by most of the folks. As you can see, most of those -- we had St. Luke's as public/quasi-public, their office, which most closely represents, really, what they do out there. You can see a lot of the other -- I mean you have some churches, Capital Christian, that are office, but, again, a lot of church sites are already office. What we are running into is we had about half, if I had to guess -- half of the churches were public/quasi-public and the other half were designated either residential or office or some other zone. We are trying to be consistent in this and when somebody looks at the map they can say, okay, this isn't some type of civic or public/quasi-public use, this is something else. Is it office, maybe, maybe not, but it -- but office more closely represents -- or residential more closely represents some of those uses and the existing character of the neighborhood. So, that's what we were going after with this proposal and, again, when -- well, here is a good example, too. The frontage represents C-G, so the zoning is C-G and the backside is residential as the zoning represents. So, again, we haven't heard from any of those neighbors, so I'm assuming they are all still okay with the proposal to change their future land use map designation. I do want to clarify. It doesn't change anybody's zonings -- or the zoning of anyone's property, it just changes their future land use map designation. So, if they were to redevelop there could be some implications there for redevelopment potential. But it doesn't change zoning. We are also proposing to add the adopted land uses in the Ten Mile interchange area on the legend of the map. As you can see here in this slide -- I know it's a very busy. Before we had it graded out and you would have to go to some other document to see what the land uses were and we just decided that it would be more user friendly to just put them right on the face and you can see that they have their own legend. We thought this was the most intuitive way to kind of lay out all of the land use designations that we currently have in our toolbox in one place. So, I know it's a lot and, again, it's pretty busy, but it's all right there. So, some of the other things that have -- changes to the map that have occurred, we have taken off the sewer main line designations and Meridian City Council April 27, 2010 Page 31 of 44 the domestic well designations. I think that's on the next slide. So, here is the current way that the legend looks like. So, we are losing a lot of these things in the legend. Domestic wells. Sewer lines. All of our roadway classifications, principal, minor arterial, major collector, section line roads and interstate roadway designations, we are proposing to yank all those off for the same reason, really, that we propose to take off the sewer mainlines and the well designations. Those change and we don't keep up with those changes as well in the planning department for the future land use map. Certainly we track them, but we don't submit map amendments every time COMPASS changes an arterial roadway classification or every time our Public Works Department does a new sewer master plan. There are other documents and other maps for those, so we wanted to simplify the future land use map and really stick to the land uses and most -- those things -- those elements most directly tied to the land use. I do want to point out that the future interchange and future overpasses, though, will remain on the legend, so that base map will be changing to reflect State Highway 16, a new interchange there, as well as an over -- the overpass at Linder -- Linder Road. So, we are cleaning up the ones at Locust Grove, because that one was still in there as a future overpass. And, then, the other thing that's on this slide is over the past few years the city's area of impact has expanded out to the north and northwest, as well as to the south. So, we are proposing to extend or modify in some cases our entryway corridor designations before the city boundary was anticipated somewhere about a quarter mile south of Amity, so Meridian Road picks up a new designation. We are removing a portion where you used to be coming into Meridian generally at Eagle Road and Amity and now we're changing some of those locations, so -- again, to reflect the farthest reaches of the city limits in the future. I think I'm going to jump to the next slide, unless there is any questions on those couple of points. So, here is the proposed map. What doesn't show up on this map very well, but is proposed in the amendment to the text, is you did give a nod to the East 3rd Street extension and alignment study. That was approved this last year by resolution by the Council, so we have some text in the plan as well about that study and implementing and getting that extension through development as it comes online through downtown. I mentioned the neighborhood meeting we had on December 7th. And, again, to staffs knowledge, no opposition to removing the public/quasi- public designations for churches and hospitals or in any of the other proposed changes for the current Comp Plan amendments. If you have any questions I would be happy to answer them. Zaremba: Council, questions for staff? Bird: I have none. Rountree: Not at this time. Zaremba: Okay. I guess not. This is a public hearing. Nobody was signed up to speak, but if anybody would care to, you may come forward. I don't know if Meridian City Council April 27, 2010 Page 32 of 44 any of the other departments want to comment on this, they are welcome to. Mr. Siddoway. Siddoway: Mr. President, Members of the Council, I would just state that the Parks and Rec Commission did spend quite a bit of time going through the -- their recommendations and all but three of those recommendations have made it in. I do understand why two of them did not, but that third one that Caleb pointed out, which was relocating that park star near the intersection of Ten Mile and -- or -- yeah, Ten Mile and Victory, we would simply ask that that be added back in and we would support the proposed changes. Thank you. Any questions? Bird: I have none. Thank you. Zaremba: Okay. All right. Any other comments anybody wishes to make? Okay. Do we have any other questions or a motion to close the public hearing? Rountree: Mr. President, I move that we close the public hearing on Items 7-J and K. Bird: Second. Zaremba: We have a motion and a second to close these two public hearings. All in favor say aye. Any opposed? Motion carries unanimously. MOTION CARRIED: ALL AYES. Bird: Ready to make a motion. Zaremba: Any discussion? My own personal comment is I would be in favor of including the park move to Ten Mile and Victory area. Rountree: Mr. President, I move that we approve the amendment and modification of the future land use map as presented here this evening by staff and approve the recommended relocation of the park in the Ten Mile-Overland area and incorporating the changes associated with the concurrent map amendment and adding text and other clarification as necessary. Bird: Second. Zaremba: We have a motion and a second. Madam Clerk, would you call roll. Roll-Call:, Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. MOTION CARRIED: ALL AYES. Bird: Mr. President? Meridian City Council April 27, 2010 Page 33 of 44 Zaremba: Mr. Bird. Bird: Anna, you and your group did a great job. I appreciate it. Thank you. Canning: Thank you. Caleb really deserves most of the credit on this one. He worked hard to suffer through all those little details. They were very detailed. Zaremba: It clearly was a lot of work. Bird: It was one of the finest presentations that I have seen regarding comprehensive plans and stuff. Very clear. Very, very good job for your staff, Caleb, thank you. Item 8: Continued Department Reports. A. Clerks Office -Approval of 2010-2011 Beer, Wine, Liquor Renewal Applications Pending Ada County License Submittal: Whitewater Pizza and Pasta 1510 N. Eagle Rd. Beer/V11ine Cottage Expressions/Miss Tami's 1031 N. Main St. Beer/VUine Rudy's Pub & Grill 2310 Overland Rd. Beer/Wine St. Lukes Regional 520 S. Eagle Rd. BeerlWine Chronic Tacos 3240 E Louise Beer Smash Burger 3223 E Louise Beer/Wine (Also Pending State Approval on 4126/2010) Zaremba: Okay. Are we ready for continued department reports? Clerk's office. Holman: President Rountree, Members of the Council, we have our annual renewal of beer, wine, and liquor applications. Most of these come through on the Consent Agenda. These are being approved on the regular agenda. We are asking for conditional approval on these, because these ones are still waiting to be approved at the county commission meeting. Their county commissioners moved their meeting to tomorrow, so had we made these folks wait another week they would have been unable to serve for a few days next week, so we are just asking that you do a conditional approval of these and -- and allow me to sign them after we receive proof of county and I think there is one that's still pending state. Bird: Mr. President? Zaremba: Mr. Bird. Meridian City Council April 27, 2010 Page 34 of 44 Bird: I would move that we approve the 2010-2011 beer, wine, and liquor renewals for Whitewater Pizza and Pasta, Cottage Expressions/Miss Tami's, Rudy's Pub and Grill, St. Luke's regional, Chronic Tacos, Smash Burger upon the approval of the license from Ada County or the state of Idaho and to allow the City Clerk to sign off. Rountree: Second. Zaremba: I have a motion and a second. I believe this is a roll call. Nary: Mr. President? Mr. President, it is a roll call vote. But, Mr. Bird, if I could clarify. You said the state or the county and they need both. Bird: No. State and county. Nary: State and county. Nary: State and county. Bird: But only one is waiting for state. Nary: Correct. I just wanted to make sure that was what you intended. Bird: Yeah. Oh, yeah, they have to have both of them. Zaremba: With that clarification, Madam Clerk, roll call. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. Zaremba: All ayes. That motion carries. MOTION CARRIED: ALL AYES. B: Public Works Department 1. Verbal Request from Ron Carroll, at 1822 E. Bluetick Street, to Connect a Private Well to his house as an Alternative Water Source Zaremba: All right. Now, we are to the Public Works Department and Item 1 has been requested to continue to May 4. 2. Budget Amendment for $400,000.00 for Sludge Piping and Centrate Tank Improvements Meridian City Council April 27, 2010 Page 35 of 44 3. Budget Amendment for $400,000.00 for Reallocation of Funds from Capital Outlay -Land to Sewer Line for Extensions 4. Budget Amendment for $150,000.00, Reallocation of Funds from Waste Water Treatment Plant (WWTP) Clarifier to Turbo Blowers and Aeration Basin Air Efficiency Improvements 5. Line Item Reallocation of Funds from Sewer Line Extensions to Downtown Urban Renewal in the amount of $260,000.00 Zaremba: So, we will proceed right on to Item 2. Dolsby: President Zaremba, Members of the Council, I have four separate budget amendments to present to you. I wanted to let you know, first of all, that all four amendments will result in no net increase to the FY-2010 budget. So, I'm going to go through and describe each of the amendments in a little bit of detail and, then, I will take any questions you have on them after I'm through. So, the first one is a budget amendment for 400,000 dollars for the sludge piping and centrate tank improvements project at the wastewater plant. This one is an amendment to transfer funds from the bio augmentation project that was approved in the FY-10 budget, to this other project and the other project is more of a high priority project that we wanted to get done this fiscal year and we have done that through the postponement of the bio augmentation project to fiscal year '12 and fiscal '13. The second budget amendment is fora 400,000 dollar reallocation of funds from the capital outlay land, which was for the ground water reservoir to sewer line extensions. This one is accomplished through a cost savings that we realized when we were acquiring land for the reservoir a few months ago, we didn't spend nearly as much as we had budgeted, so we saw this as an opportunity to construct the trunk sewer that will connect the Black Cat lift station to the remainder of south Meridian or much of south Meridian and it will eliminate the need for optic lift stations and alleviate the capacity requirements -- or the capacity restrictions that we have been under down in south Meridian for the past couple of years. We expected development to build this sewer, but since the economy has slowed, it hasn't happened, but we will recoup much of the funds that we are putting out for the sewer in reimbursement and -- as development does come in. So, the third budget amendment is -- is for a transfer of 150,000 from a primary clarifier and fermentation project to turbo blowers or aeration basin efficiency improvements at the wastewater treatment plant. The planning department acquired a 175,000 dollar grant through Department of Energy that was approved a few months ago at City Council and also Public Works has worked with Idaho Power and we have estimated about a 110,000 dollar grant for this project and that, coupled with the funding that we are requesting today, will fund the project that will install turbo blowers and make Meridian City Council April 27, 2010 Page 36 of 44 some other improvements at the wastewater plant that are estimated to save in excess of 400 -- 4,000 dollars a month, which equates to pay back in just a couple years for this project. The last one is a line item reallocation of funds from sewer line extensions to downtown urban renewal. Public Works Department has a project to replace water line on Broadway Avenue. Also, the downtown sewer study identified a project on Broadway as well that we can work in conjunction with the waterline project, save quite a bit of money if we do these projects together and a pavement replacements and pavement restorations, so we wanted to have the opportunity to do that project this year in conjunction with the Broadway water line project. So, with that I would stand for any questions. Zaremba: Council, any questions? Bird: I have none. Zaremba: I believe we -- Rountree: Mr. President, just -- on the first one, the transfer of money from the project to the sludge piping, if we are letting that project slip a couple years, is it really something that we want to pursue or -- Dolsby: It's something that we are going to want to pursue to reduce the nutrient loadings at the wastewater plant, but right now we don't specifically have a need for that reduction, but we are going to need it in the future. Like, for instance, it will cut down some of the nitrogen loading, which could allow us to go -- it will take one of the steps in order for us to go like use reclaimed water on a golf course or -- Rountree: Okay. Dolsby: But as part of that program we are also going to have to do some other improvements at the plant to -- to finish getting to the level that we need to on those nutrients, such as nitrogen and phosphorus. It will also bump up the capacity of the wastewater plant, which we have enough capacity right at the moment, but in a few years it will be nice to get a little bump on that as well. Rountree: Thank you. Zaremba: Mr. Bird? Bird: Mr. President, seeing how you are the liaison and you're running the meeting, I will make the motion for you. Zaremba: Thank you. Meridian City Council April 27, 2010 Page 37 of 44 Bird: I would move that we approve the budget amendment as stated in two, three, four and five, by Kyle -- or not Kyle. Clint. And that's it. Rountree: Second. Zaremba: All right. We have a motion and a second to approve these four amendments. I believe that's also a roll call. Madam Clerk. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. Zaremba: All ayes. Motion carries. Thank you. MOTION CARRIED: ALL AYES. C. Planning Department: Discussion of Dirt Removal vs. Mining Zaremba: Item C is a discussion from the Planning Department. Canning: Thank you, Mr. President, Members of the Council. I realize there was not a brief on this item in your packet. I did want to let you know it's a fairly simple concept and I'm not asking for any final approvals tonight, just some idea on where to go. The issue tonight -- well, just as background, you know we have this recurring problem with temporary uses that we haven't anticipated that our code doesn't deal with very well. We have dealt with them on a number of occasions and, for the most part, we have got them under control with the stuff that the -- we have done for the clerks. The outdoor vendors and temporary uses. But every once in a while one still comes up. The UDC still allows for construction activities of temporary uses and school activities as temporary uses. So, under the latter category, under construction, we have allowed folks to move dirt around as they please on their site. We affectionately call it recreational dirt moving and we have always allowed that without a grading permit within the city. We had one instance where that has gone beyond the typical earthmoving and is really a mining operation. So, it came to me to interpret the UDC as to what activity was going on there and my conclusion was that it's, indeed, a mining operation and mining operations are not allowed in the city. So, that we requested that this individual stop those activities and they have. The last I heard they have, so -- but as -- after I made that interpretation I was informed that this happens all the time, not to the scale in any certainty, but that folks move dirt around town without really thinking about it. They have got a little extra dirt at Gramercy, they move it over to Tuscany, because it's the same owner and he's just moving his resources from one place to another. So, now I'm kind of in this area where I have to make a decision on what to do with this knowledge now that I have it. So, I see that there is kind of four options for me and I would like some direction from you all on to which one or which ones you would like me to pursue. So, the first option would be to not change the code and just -- and to Meridian City Council April 27, 2010 Page 38 of 44 enforce incidental removal of material throughout the city. So, every time we see a truck full of dirt leaving a site to -- if enforcement catches them, they cite them for an illegal operation. Personally, I don't really favor this -- going toward this activity. I don't believe it's in the best interest of the city to start enforcement proceedings, if they are just hauling one load of top soil from one to another, but it is an option. Second option, we could not change the code and not enforce the incidental movement of material from one place to another, just kind of let it operate the same as it has. Again, we have really never had a problem, except for this one activity. However, as we go further south, especially in the Ten Mile area, we are getting into some terrain where there is a lot of dips and valleys and there may be more people wanting to move vast quantities of dirt around. So, as we -- we get into that area it may be more of a problem in the future. This may be an acceptable alternative. Like I said, it hasn't been a problem, except for this one occurring today. The third option would be to require a grading permit and, then, grant approval based on that grading permit. Right now we don't require grading permits. If we did we could tie the extraction activity to that permit. We could also set some different thresholds or set a threshold for when it exceeds just a grading permit and becomes a mining activity. So, we could -- the easiest way to do that would be time. If you're going to take more than six months to grade this site it's a mining operation and you need a Conditional Use Permit to collect it. Something along that line. We could also do based on how much materials you're moving off. We should know that from the grading permit. So, those would be a couple options under that third one. And, then, the fourth is just to change our code to require condition use approval to move any material off the site. This is very similar to Item No. 1. And, again, I don't necessarily think it's in the best interest of the city. So, there is four fairly simple options. If you have thoughts on what -- where you might want me to proceed, I would appreciate anything you can let me know at this point. Zaremba: Council? Hoaglun: Mr. President, question for Anna. Zaremba: Mr. Hoaglun. Hoaglun: What -- we know that removal of topsoil and moving it from site to site is a normal occurrence for many and I guess I want to find out from you what -- what made you realize what was going on was not normal, to help me kind of see what is it that -- how long, how much -- I mean what was the tipping point to also realize that's not a normal movement of material from one site to another? Canning: The activity has been going on for several months, to say the least. It's probably -- since construction of Ten Mile began, if not before. There was scales at the site. There were trucks from multiple haul companies -- well, there was only one hauling company coming to this particular site. There was others just going to the other side of the street. Enforcement followed some of those haul Meridian City Council April 27, 2010 Page 39 of 44 trucks and they did -- they actually went into Canyon county and came back and came back around to the north side of the freeway. So, it was, obviously, much more than just hauling one load of top soil somewhere. Hoaglun: So, Mr. President, to follow up, it sounds like a length of time and actual setup as a commercial operation it sounds like, so -- Canning: We were informed that it wasn't being sold, it was -- it was being moved -- instead of having to pay someone to level the site, they were exchanging the material that were being removed for the work for the bartering. Hoaglun: But it wasn't to another one of their sites like we commonly see. Canning: No. Hoaglun: Or the example you gave, so -- Canning: Yeah. Hoaglun: Okay. Thank you. Zaremba: I would comment that options one and two aren't very attractive to me. Two, I think you said, was don't change the rules, just ignore when somebody is violating them and that's -- Canning: I don't think I used the word ignore, sir, but, yes. Zaremba: Perhaps you didn't. That's kind of the way I heard it. That never appeals to me. If the rule doesn't fit, I'm up to changing rules. Some combination of three and four sounds more right to me and in thinking about this, when we see plats they don't generally have any kind of terrain information on them and in the consideration of the Planning and Zoning Commission or to the Council, we may not be aware when we approve something that it's going to mean moving a great deal of dirt around just to accomplish what we thought we were looking at. I think I would like to see, in addition to some combination of your options three and four, also a redefinition of mining. To me as a layman mining is the extraction of some precious material that may involve moving other stuff around to get at it, but -- and depending on your definition of precious, it could be diamonds or it could be stones that people want or it could be coal or something. But to me if -- if the original purpose is grading in order to change the contour of the land, I -- I don't think that should fall under mining and if it does, then, I would try and change the definition of mining. But I -- your third option was the most appealing to me in resolving the issue that we're talking about. The other question I would have is if it's a project where they need to move a lot of dirt in order to get to their eventual grading, do we have -- what would it be, soil engineers or geological engineers that -- that would go out -- before we would Meridian City Council April 27, 2010 Page 40 of 44 give a permit for it, somebody has to go say is this even possible or what are you going to run into or are you going to breach an aquifer, depending on how deep you go? Do we have ways to check any of those things before we would give an approval? Canning: I will have many discussions, I'm sure, with Bruce's group and with Warren's group on how to go about this grading permit and who we have that could evaluate it. So, I will certainly find that detail for you. Again, tonight was just -- tell me which way to go and I will come back with the details, so -- but that's great. Thank you for giving me a couple great things to follow up on. Zaremba: I don't want to be the only one that suggests, but -- Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I struggle with the concept of a permit, because, then, you start getting into enforcement and plan review and that sort of thing. I think our intent here is not have random material sources crop up in the city and become a nuisance and become a hazard to neighbors and to me that boils down to timing and volume and hours of work and those kinds of things that could be part of the -- could be an ordinance as it relates to general grading. Any project that is of any consequence needs a stormwater pollution plan. That's another requirement, it's not a city requirement, but it's a requirement imposed on anybody that going to move dirt or disturb the ground. Also, if you're going to be extracting material and to Councilman Zaremba's point, in this valley gravel is a huge commodity and good gravel is hard to find. So, when you find good material people will find a use for it. So, if that's the case and it gets hauled off site, I think that falls under the definition of mining, whether it's bartered or sold or whenever, and the Department of Lands gets involved and a permit has to be provided by Department of Lands and a reclamation plan has to be in place. So, there is a lot of things there that the city could incorporate into this process that is not an extra burden on the developer, but will be pointing out to the developer that you ought to get this stuff done or somebody else is going to cite you and fine you fairly heavily, particularly the EPA, if you don't have your stormwater taken care of, as opposed to the city creating yet another permitting process that you provide us this information based on timing, based on volumes of material you anticipate moving, and maybe have it set up in ranges of how many acres and how many anticipated tons of material you might be moving around and if you're going to be moving material off site. So, to me it's a tough nut to crack, but there is a lot of stuff that these folks have to do anyway that I think would -- could be reviewed by the city and said, yeah, administrative approval is, but you -- you don't work before 7:00 and you don't work after 8:00 and you -- you haul your loads covered and you have in place a state permit and you have in place Meridian City Council April 27, 2010 Page 41 of 44 your stormwater stuff and, oh, by the way, you're going to be done in three months or four months or whenever it is. Canning: President Zaremba, can task afollow-up for Mr. Rountree? Zaremba: Yes. Canning: So -- and if they can't -- I'm liking that idea and I'll run with that one also. I'm hearing a couple different avenues here right now, so -- but on that one if they can't meet the standards, say they need to work for 12 months, do you object to conditional use approval or would you like for a permit to kick in there? What's -- what's the alternative that they can't meet or do they just need to meet it? Rountree: Mr. President, I wouldn't mind the conditional use process, because to me, again, the issue we will be addressing is public comment and public concern. You know, if this is -- this is out in the middle of nowhere it's not an issue, but we know the site we are talking about and we have had neighbors in here a number of times saying we were promised this and this is going on. And, really, we have -- we have no -- as you say, we, basically, have no authority over this activity, because we don't have anything that addresses grading, particularly in massive quantities. Canning: Those are great comments. Thank you. Anything else? Zaremba: Mr. Hoaglun. Hoaglun: I wanted to add something, Mr. President and Anna. I guess we may have to define what is normal. You know, earlier tonight we talked -- a gentleman went over the proposal of what they're looking at and we know that when they start going to put in the roads they are going to be pulling out that dirt and that's a normal part of the operation and that particular site, that's great farmland, there is great top soil there, they're not going to be just dumping that, that has a value to them. But that's all within the normal course of their operations of building those roads and doing what needs to be done to -- to build that development and that is normal and, then, that's when I questioned you earlier, okay, what goes beyond normal and once we hit that part, then, I would like Councilman Rountree's idea about tying it to other things. That's where we kind of have to design the rules and say, okay, this is outside the bounds of a normal removal to put in a development and it might be as we go into more hilly terrain there is going to be more significant grading, but, again, there is an area of normal grading versus resource extraction and it can be a fine line, but I'm sure you'll find it. Canning: I will endeavor. Meridian City Council April 27, 2010 Page 42 of 44 Zaremba: Well -- and I might suggest -- I agree with everything that's been said. But there may be a way to suggest a line, whether you call that the normal or not, up to which it would be director approval, beyond which it would be a CUP or some other Council approval. Whether that's based on size or volume or whenever, I would be open to whatever suggestion comes out. Canning: Great. Thank you, again. You guys have given me a lot of good ideas on where to head. I really appreciate it. D. Police Department: Budget Amendment for Spending Authority of Grant Funds for aNot-to-Exceed Amount of $38,320.00 Zaremba: Thank you. Appreciate your work on it. Okay. Next is Item D. Police Department budget amendment. How did you end up being last? Lavey: Mr. President, Council, I didn't even know it was on the agenda, but it's a good thing I know what it's about. I am told by Finance that this is merely a paper trail formality and that it is grant funds that we have already received to the city, giving us the spending authority to move those grand funds into our budget and that no city funds will be used on that and, then, the cap at 38,320 is the dollar amount that we have in grant funds and that's for the antidrug campaigns that we do. Zaremba: Council, any questions? Bird: I have none. Rountree: I have none. Mr. Zaremba. Mr. President. Zaremba: Mr. Rountree. Rountree: Kudos to the police department. It went through the appropriate process. I've already approved it as the liaison and I would make a motion that the Council approve his budget amendment. Bird: Second. Zaremba: I have a motion and a second. I believe this is also a roll call. Madam Clerk. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. Zaremba: All eyes. Motion carries. Thank you. MOTION CARRIED: ALL AYES. Meridian City Council April 27, 2010 Page 43 of 44 Bird: Mr. President, before we adjourn -- and I see we are done with our deal. We got a young lady sitting out there that was the recipient of one of our first scholarships, I believe. Am I right? And has used it very well. I believe -- Ms. Ingersoll, do you want to come up and explain what you have done since you got that? Zaremba: I'm sorry we didn't know that sooner, we would have had you speak when there was more audience here. Ingersoll: No. That's just fine. Zaremba: Please introduce yourself. Ingersoll: Oh. I'm Jessica Ingersoll. Zaremba: Thank you. Ingersoll: Do I need to say my address as well? Rountree: No. Ingersoll: I, actually, attend Brigham Young University and I'm in -- just finished my junior year and I'm doing political science. So, I'm, hopefully, going to be putting it to good use. So, I appreciate it very much. Thank you. Bird: She also was a member of the Meridian Youth -- Ingersoll: The Mayor's Youth Advisor Council. Yes. Bird: Very good. Rountree: Thanks for staying the evening. Ingersoll: Thank you. It's been great. Bird: Thank you, Jessica. Ingersoll: Thanks. Zaremba: Great. Thank you. Hoaglun: Only a political science major would say one of these meetings was great. I like that. Canning: That or a planning student. Meridian City Council April 27, 2010 Page 44 of 44 Item 9: Items Moved From Consent Agenda. Zaremba: Okay. Item 9. We had no item moved from the Consent Agenda and there is no Item 10. So, gentlemen? Bird: I move we adjourn. Rountree: Second. Zaremba: We have a motion and a second. All in favor say aye. That motion carries. MOTION CARRIED: ALL AYES. Zaremba: We are adjourned. MEETING ADJOURNED AT 8:50 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) G~ ~ ~i o is ~ i~ TAMM WEERD, MAYOR DATE APPROVED ,~~~ `~y ~F MERIp~ '',•,~~~~ ~' \~oaP a JA~'CEE HOLMAN, CITY CLERK SEAL = oM e ~~ ~% 9~ ~''~ST ~s~ • .rte ~.c ,,~~ ,9 ~Q. a\`. ~'' COUNTY ~ ~.~ ~` /~~~~~~~~irtti n~t~~~~~ Changes to the Agenda: Item 7C, D & E - Southridge West Commercial (CPA-09-010; A~09-010 & R~09-006) Applicant has requested this item be continued to the May 25, 2010 hearing. Item 7I - Bridgetower Crossing Subdivision No. 17 (FP-10-003) ~~+ C E Z V Applicant has requested this item be continued to the May 25, 2010 hearing. APR ~ ~ 2(J,O ~J Items 7A & B - Seyam Subdivision (CPA-09-007; R~09-005) CITY OF GCE m~~?~- CITYCLERKS OFFICC Location: The site is located on the north side of E. Franklin Road, approximately 1,200 feet east of the Eagle/Franklin intersection. Applications: - Comprehensive Plan map amendment to change the land use designations on 6.54 acres of land from Commercial to Industrial; & 1.12 acres from Industrial to Commercial. - Rezone of 6.54 acres from I-L to C-G & 1.12 acres from I-L to C-G consistent with the CPA request. Outstanding Issue for Council: If it's in the best interest of the City to approve a change to the future land use map & zoning map that would allow an industrial use(s) to develop on this site adjacent to Franklin Road, an entryway corridor into the City. Written Testimony: None Staff Recommendation: Staff recommends approval (w/a DA) of the applicant's request provided that no outdoor storage of materials be located between the facades of the structure(s) adjacent to Franklin & the future extension of Touchmark; & the facades of the structures & portions of the site directly adjacent to Franklin & the future extension of Touchmark develop in accord with the design guidelines for commercial developments rather than industrial developments (see the DA provisions in the Exhibit B of the staff report). Notes: Item #7G: Monica Subdivision (PFP-10-001) Location: The site is located on the west side of Linder Road, approximately '/a mile north of Franklin Road. Applications: Combined Preliminary/Final Plat consisting of three buildable lots. Summary of Request: The application proposes 3 buildable lots on 3.62 acres within the I-L zoning district. Lot 1 is currently developed with an existing office/warehouse building. Access to the subject site will be from one existing access point adjacent to Linder Road. Across access easement is depicted on the submitted plat that grants access across to all lots within the proposed Monica Subdivision. Commission Recommendation: Approval at their March 4, 2010 public hearing. Summary of Commission Public Hearing: i. In favor: Pat Menager ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: (None) Key Commission Change(s) to Staff Recommendation: (None) Outstanding Issue(s) for City Council: (None) Written Testimony since P&Z Meeting: (None) Notes: Item 7J & K: City Comprehensive Plan Map and Text Amendment (CPA-09-008 and CPA-09-009) Location: City wide Applications: Comprehensive Plan Map Amendment and Text Amendment Summary of Request: The subject Comprehensive Plan Amendment (CPA) applications propose to amend both the text and the map of the Meridian Comprehensive Plan. The subject map amendment proposes several changes to the Future Land Use Map (FLUM) including: replacing the Public/Quasi-Public designation with a new Civic designation; changing the future land use designations for existing and former church sites and hospitals that are currently designated Public/Quasi-Public; adding new symbols to the legend for future public facilities such as schools, parks, fire stations and transit stations; incorporating the land use designations for properties in the Ten Mile Interchange Specific Area Plan; removing the well sites and sewer main line designations; updating the roadways designated as entryway corridors; and removing the roadway classifications (e.g. -principal arterial, minor arterial, etc.) from the legend. Concurrently, the text amendment is to incorporate the changes associated with the concurrent map amendment; add text to clarify and define fire station and school sites; update old text in the recreation and park sections of the plan (Chapter VI and VII) and incorporate language regarding the East 3rd Street Alignment Study. Commission Recommendation: Approval at their March 18, 2010 public hearing. Summary of Commission Public Hearing: i. In favor: Meridian Planning Department ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. The Commission discussed a possible distinction between the Civic land use designation in the Ten Mile Specific Area Plan and the new Civic land use designation being proposed with the subject application. Key Commission Change(s) to Staff Recommendation: (None) Outstanding Issue(s) for City Council: Relocating a future park designation located within the Ten Mile Specific Area Planning Area and shifting it approximately'/ mile south per the recommendation from the Parks and Recreation Commission. Written Testimony since P&Z Meeting: None Notes: MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. 5A REQUEST April 6, 2010 City Council Regular Meeting Minutes AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Date: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. 5B REQUEST April 6, 2010 City Council Special Join Meeting Minutes AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached ~a N~ c~ Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. 5C REQUEST CDBG Subrecipient Agreement with Meridian Food Bank AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS Date: Phone: ~rarr inmais: Materials presented at public meetings shall become property of the City of Meridian. SUBRECIPIENT AGREEMENT FOR USE OF PY08 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT is entered into this /day of April, 2010, by and between the City of Meridian ("City"), a municipal corporation organized under the laws of the State of Idaho, and Valley Shepherd Nazazene Compassionate Ministries Center, Inc., dba Meridian Food Bank, a nonprofit, charitable corporation organized under the laws of the State of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i. e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient provides a public service to families and individuals in the Meridian azea by providing food to those in need, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of PY08 CDBG funds in Subrecipient's programming; ~^ NOW, THEREFORE, it is agreed by the parties hereto as follows: I. STATEMENT OF WORK A. Purpose. Subrecipient agrees that it shall use City's PY08 CDBG funds in the amount of eighteen thousand two hundred seventy one dollars and ninety six cents ($18,271.96) to purchase food supplies for distribution at the Meridian Food Bank, located at 15 E. Bower Street, Meridian, Idaho, or equipment required for delivery of this service. Subrecipient shall be responsible for administering its PY08 CDBG funds in a manner satisfactory to City and consistent with any and all standards required as a condition of providing these funds. B. National Objective. Subrecipient certifies that the activities carried out with City's PY08 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives. Specifically, Subrecipient's activities under this agreement shall provide a new public service (24 CFR § 570.201(3)) to limited clientele (24 CFR § 570.208(a)(2)). C. Levels of accomplishment. This project-will include labor, supplies, and materials. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: 1. Family size (number of individuals) of each person or household assisted; and 2. Household income of each person or household assisted; 3. Race of individuals assisted; PYO8 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 1 OF 14 4. Number of individuals gaining new access to services provided; and 5. Number of individuals gaining improved access to services provided. D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. E. Performance Monitoring. City will monitor the performance of Subrecipient against goals and performance standards required herein. Substandard performance as determined by City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen (14) days after being notified by the City, Agreement suspension or termination procedures will be initiated. F. Time of Performance. Services of Subrecipient under this Agreement shall start on or before April 12, 2010 and shall be completed by August 1, 2010. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other assets, including program income. G. Progress Reports. Subrecipient shall submit regular Progress Reports to City in the form, content, and frequency as required by Ciry. If Progress Reports are delinquent, ~ draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome-based measurements as outlined in this Agreement. II. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY08 CDBG funds in the amount of eighteen thousand two hundred seventy one dollars and ninety six cents ($18,271.96) to purchase food supplies for distribution at the Meridian Food Bank, located at 15 E. Bower Street, Meridian, Idaho. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. PY08 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 2 OF 14 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. 5. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21. C. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that aze pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) yeass after the termination of all activities funded under this Agreement. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. PY08 S UBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 3 OF 14 3. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 4. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. D. Reporting and Payment Procedures. 1. Program Income. Subrecipient shall report monthly all program income as defined at 24 CFR § 570.500(a) that is generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by Subrecipient shall comply with the requirements set forth at 24 CFR § 570.504. By way of further limitations, Subrecipient may use such income during the Agreement period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended ~, program income shall be returned to City at the end of the Agreement period. Any PYO8 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 4 OF 14 interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to City. At the end of the program year, City may require remittance of all or part of any program income balances, including investments thereof, held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed eighteen thousand two hundred seventy one dollars and ninety six cents ($18,271.96). Drawdowns for the payment of ~-~., eligible expenses shall be made in accordance with performance. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. Final draw under this Agreement will be submitted by Subrecipient no later than September 30, 2010 unless otherwise agreed in writing. 5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. E. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR §§ 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. PY08 SUBRECtP1ENT AGREEMENT - MERmIAN FOOD BANK PAGE 5 OF 14 III.EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and the Executive Order 11246 as amended by Executive Order 11375 and 12086. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, ,..-.,, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally-assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. E. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, ,~-~ or religious activities; lobbying, political patronage, and nepotism activities. PY08 SUBRECQ'IENT AGREEMENT -MERIDIAN FOOD BANK PAGE 6 OF 14 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.200(j). F. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all subcontractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. G. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to sanctions. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701}. PY08 SUBREC~IENTAGREEMENT-MERIDLAN FOOD BANK PAGE 7 OF 14 Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awazded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." 3. Employment of low- and very-low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very-low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazazds), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area ,,..~ of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. H. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.611m, which include, but aze not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) yeaz thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official ~, of City, the Subrecipient, or any designated public agency. PY08 SUBItECIP~NT AGREEMENT -MERIDIAN FOOD BANK PAGE 8 OF 14 I. Lobbying. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language of paragraph (d) of this certification be included in the award documents for all sub-awazds at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative ~-, agreements} and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities ~ located in an azea identified by FEMA as having special flood hazards, flood insurance PY08 SUBRECIPIENT AGREEMENT - MERmIAN FOOD BANK PAGE 9 OF 14 under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on ~ Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Meridian Food Bank Attn: CDBG Program Administrator Attn: Dan Clark 33 E. Broadway Avenue 15 E. Bower Street Meridian, Idaho 83642 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570. Subrecipient ~, also agrees to comply with all other applicable Federal, state and local laws, regulations, PY08 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 10 OF 14 and policies governing the funds provided under this Agreement. C. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. D. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. E. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. F. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. G. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. H. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and aze executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. PYOB SUBRECIPIENT AGREEMENT - MERm[AN FOOD BANK PAGE 11 OF 14 I. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least thirty (30) days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Statement of Work as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, ,,,.,~ suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be y~.., in compliance. PYOB S UBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 12 OF 14 J. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. K. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. 2. Monitoring. Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 4. Selection Process. Subrecipient shall undertake to insure that all subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 5. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. L. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. M. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. O. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. PYOB SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 13 OF 14 P. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Meridian Food Bank 1 By: Dan Clark, Director STATE OF IDAHO ) ss: County of ,~_ ) I HEREBY CERTIFY that on this ~ day of , 2010, before the undersigned, a Notary Public in the State of Idaho, personally appeared ark kno person who executed the said instrument, and acknowledged to me~that he exe uted thetsame. IN W~ ~, y OF, I have hereunto set my hand and affixed my official seal, the day' ~ficate first above written. _ ~. ~ ~~a1t~ 4F 19~` CITY: City of Meridian AcTi u! BY~ T e Weerd, Mayor Residing at My Commi ~'dcoN~~Idaho Expires: ~ -/.- Attest: \`\~,,,„~ ~ ~ ~ ~ ~ ~ ~,~~~,,~ •```` O~ MAR/0~9'L,~~%, PO~+r o cee an, Cit = ler gEAL 9`~ gyp`' ~ . :90,9 UsT tsT . .~' ,,~~ C `OP ```~~. ~''%,,,~~UIVTY~;~`~~~~~~` PYO8 SuattECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 14 OF 14 MERIDIAN CITY COUNCIL MEETING APPLICANT April 27, 2010 ITEM NO. 5D REQUEST Sewer Main Easement for Diamond View Assisted Living AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: 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. COMMENTS See Attached ~~i~E IDIAN~-- P11bi1C I D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 4/13/10 SUBJECT: Sewer Main Easement for Diamond View Assisted Living RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd CIly Cenneil Membert~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba 1. Approve a Sewer Main Easement for the City of Meridian, located on site of the Diamond View Assisted Living_parcel, by Diamond View Assisted Living, LLC This easement provides The City of Meridian access to new sewer main being installed, to provide service for the new proposed Diamond View Assisted Living facilities. 2. Authorize the Mayor to sign the easement and the City Clerk to attest it. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Denny Cline, Development Analyst II Supervisor Approv Scott Steckline 489-0372 489-0362 489-0369 489-0363 Page 1 of I ~,~~i~E IDIAN~- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 4/13/10 SUBJECT: Sewer Main Easement for Diamond View Assisted Living I. RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd ems, e..~.u M~~ Keith Bird Bead Hoaglun Charles Rountree Dwld Zaremba 1. Approve a Sewer Main Easement for the City of Meridian located on site of the Diamond View Assisted Living parcel by Diamond View Assisted Living, LLC This easement provides The City of Meridian access to new sewer main being installed, to provide service for the new proposed Diamond View Assisted Living facilities. 2. Authorize the Mayor to sign the easement and the City Clerk to attest it. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Denny Cline, Development Analyst II Supervisor Approv~~~ Scott Steckline 489-0372 489-0362 489-0369 489-0363 Page l of I AOA COUNTY RECORDER J. DAYID NAVARAO AMOUNT .00 E 1018E IDAHO 04/29110 12:17 PM 11 DEPUTY lJ:a lad ~~~ ~~~~~~~~~~'~~~~I~I~~'~I~~~~~~'~ ~~~ RECORDED-REQUEST OF ~"~ Meridian City i i 0039310 SANITARY SEWER MAIN EASEMENT THIS INDENTURE, m g this ~ ~ day of /77"~I ~-- , 20Lbetween >A,rno.~•~ ~/~tZ~~ys~s~ v~K~' LLL ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WTTNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently cormect to said pipeline from time to time by the Grantee; ' ~ NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuablc consideration, the Grantors do hereby give, grant and convey unto the Granteetheright-of--way for an easement for the operation and maintenance of a sanitary sewer main at the convenience of the Grantee over and across the following described Pr~y~ (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of sanitary sewer mains at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs performing other maintenance or making subsequent connection to the sanitary sewer main, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. ''~` City of Meridian, Idaho Sewer Main Easement EASMT.SEW 1-29-091- Z9-09.doc '"`~ THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, far the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public sheet, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. G cry ~,,~c_.__---~'~ '"'` -Fresideat- ~ 9~ ~~' C~ i-~.E'mg~~ Secretary STATE OF IDAHO ) ss County of Ada ) On this ~~ day of Q.,(nirt l , 20 ~ ~ . before me, the undersigned, a Notary Public in and for said State, personally appeared Sc oT!- ~TFn/K/NS and lmown or identified to me to be the ,,~ A ~N~ E spectively, of the corporation that executed the within instrument, and ac~rnowiedge~to me that such corporation executed the same. IN WITNESS VVHER,EOF, I have hereunto set my hand and affixed my official seal the day aad year fist above written. r~~~,~~s Vaaq~~~~i, ~. ~~ , ~~~' '~ ~~'.~ NOTARY PUBLIC OR AHO ~~~) s``~u'%` 'l z Residing at: t., " ' ,'.rte i ~ Commission Expires: l~ ,r., City aPMeridian, Idaltb ~~',,,. Z`~• 29-~ aMCaut Easement ~'•, ~ ,,9 TE O~ ~~a~`, EASMT. SEW 1-29-09 1- ~I~11111N~~ GRANTEE: CITY OF MERIDIAN STATE OF IDAHO ) ss County of Ada ) ' ~~` F MER/ ''~. ~'~ rF0 ~% 6 ~~ ,~' '= 90,4 Gsr ts~ . P•~ ,. ,, ~, ~''~ COUNT`l ~ ~~ `~~~ ~~~~%/rl,~lti ~in~~~~~~\\ On this ~_ day of~r~~ , 20 l O , before me, the undersigned, a Notary Public in and for said State, personally appeared and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, resApect<ve3y; o t~.'ity of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •~...... .•g1Cp'- JQ ••. ~W5"- oTAR~'~~, ;'% ~ (SEAL) ~` . . • `. • . ~~ pIj~1G -~o. •'•; !'E OF ~~• ••..... N OVARY PUBL~ F Residing at: V~ ~ r Commission Expires:, ~ City of Meridian, Idaho Sewer Main Easement EASMT.SEW 1-29-09 1- 29-09.doc ~~ D^v.a Zare+~r-1~o. , a~+~hq +~ayo~ COMMENCING at a 5/8-inch iron pin marking the southwest corner of said SW1/4 of the SW 1/4, said point referenced in C.P.&F. Instrument No. 1663000966, on file in the Office of the Recorder, Ada County; thence along the south boundary of said S W 1 /4 of the S W 1 /4, A) 5.89°17'05"E., 1476.27 feet to a point on the easterly boundary of a parcel described in Instrument No. 108038540, on file in the Office of the Recorder, Ada County; thence along said easterly boundary, 1) N.2I °47'34"W., 327.34 feet to the POINT OF BEGINNING; thence, 2) 5.82°12'06"W., 26.58 feet; thence, 3) 5.00°42'05"W., 56.90 feet; thence, 4) N.89°17'55"W., 20.00 feet; thence, 5) N.00°42'05 "E., 74.13 feet; thence, 6) N.82° 12'06"E., 38.83 feet to a point on said easterly boundary; thence along said easterly boundary, 7) 5.21 °47'34"E., 20.61 feet to the POINT OF BEGINNING. CONTAINING 1,964 square feet, more or less. L:\Project Files\C08051\Survey\DescriptionslExhibit A 20' Gravity Sewer Esmt.doc This easement is situated in a portion of the S W 1/4 of the S W 1 /4 and the SE 1 /4 of the S W 1 /4 of Section 28, Township 3 North, Range I East of the Boise Meridian, Ada County, Idaho and is more particularly described as follows: EXHIBIT "B" FOR 20.00-FOOT GRAVITY SEWER EASEMENT ,, Nar 12'06"E 38.83' ~ I -+ "'~ I 24.61' POINT OF ~ ~ BEGINNING W ( ~ I y~sarl2'os"w -N- ~ \ 2s.sa~ ~, iv ~ ~ ( ~ .Ia o) I \ ~0~6 I ~ ~ \ o ~~ zo~ to' o so' w. 20 ~ ~ \\ G~o~y~~4 0 sauE: r . ~o• \ ~ Na9.12aoo ( \\ S04 G~~9 I \ ~~~~ ( \\ \ 5 ( z \ '~~~ s \Z LEGEND I ~~~~~~ I \ - - ~" - - EXHIBIT LINE ~ °~ \ - - - - BOUNDARY LINE ~ o \ q - SECTION LINE \\ 1 ,, ` LINE NOT TO SCALEI \ V II \ {~> FOUND 5/8" IRON f20D \ ® NOTCSETTED POINT, ( ~,~~,'~~G \ 9 v~ \ ~P 5 ,1 \ ~ 5~~ \ d I \ a° \ °~ ( I \\ d I \ w POINT OF COMMENCEMENT \ ~ CPdcF tNST. X1663000966 ( \ zs ;1 28 _ E. AMITY ROAD w> >s \ 32" 33 ~ ------- - S89'17'OS"E 1478.27'. - - - - - P~a,ECr No. DIAMOND VIEW ASSISTED LIVING ~.;:>-~_-. ca8os~ ,~ EXHIBIT "B" . « ' :n ~~ ~'' SHEET a~ ~,, ....,, ~ ' ;:::~......~....•, SEWER & WATER EASEMENT `~~_~ : ~~ ~ ="~«~'» ' ~~««~ 1 OF ~ KigNfD 1Y: J.6. G1tPEkTER PE .:. ~ w..a o,.. • ' ADA COUNTY mown .,..~ ~ Harz anor~: a c ,~z."':,;;,'.~.;. MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. 5E REQUEST Memorandum of Aareement for Work Experience and Aareement for Labor Ex ep nse Reimbursement Between the Citx of Meridian and Idaho Department of Labor for aNot-to-Exceed Amount of $10,000.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~ CITY PUBLIC WORKS: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS G1 OTHER: /"` Contacted: Date: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: See Attached "' ~~i~E IDIAN~- r~bil~ I DA H O Works Department ~. TO: Mayor Tammy de Weerd Members of the City Council FROM: Richard Dees, Utility Operations Manager DATE: Apri18, 20 i 0 Mayor Tammy de Weerd CRy Cwedl Yeud~s~ Kefth Bird Brad Hoaglun Charles Rountree David Zarembcs SUBJECT: Memorandum of Agreement for Work Experience and Agreement for Labor Expense Reimbursement between the City of ]Meridian and Idaho Department of Labor for anot-to-exceed amount of $10,000.00. I. RECOMMENDED ACTION A. Move to: 1. Approve the Memorandum of Agreem~;nt for Work Experience and Agreement for Labor Expense Reimbursement between the City of Meridian and Idaho Department of Labor for a not to exceed amount of $10,000.00; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Richard Dees, Utility Operations Manager 409-2104 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Backeround Last year we entered into a partnership with the Idaho Department of Labor to engage six youths from the Idaho Youth Conservation Corp. "The U.S. Department ,~-~, of Labor through the Workforce Investment Act ("VJ'IA") grants federal funds to the Idaho Dept of Labor to administer the youth program that provides economically disadvantaged youth year-round employment training services; and Idaho Dept of Page 1 of 3 .~ Labor is also the recipient of economic stimulus funds from the American Recovery and Reinvestment Act of 2009, which provides additional funding for WIA activities." Last summer these young people provided service to our organization by: • Working with our infrastructure maintenance people completing service orders, televising our sewers, and attending to our grounds at Water and Wastewater • Verifying accuracy of sewer infrastructure data • Performing some stream restoration and cleanup • Working on our floodplain GIS layer development B. Proposed Project We are again being asked by the Idaho Department of Labor to host six youngsters in the IYCC program into our organization. This year we will have the youths doing much the same thing as last year over the eight week period they will be with us as detailed on the attached proposed work sheet (Attachment A). Unlike last year, we will not have a coordinator accompanying the young people around to all of our work sites. The reason is because with the coordinator, it was very difficult to assimilate the people from the IYCC into our organizations. Rather, it is more efficient if the youths are embedded into our organizations as Department of Labor ~,,,~ employees working with City of Meridian supervisors directly. IV. IMPACT A. FiscalImpact: Our cost of using the youths from the IYCC this year is $10,000.00. The IDOL is supplementing the rest of the costs through grant monies in the approximate total of $10,016.00. With both of these money sources, the Idaho Youth Conservation Corps participants will be paid $10.50 per hour and will provide the City of Meridian with 1,920 hours of service. Funding for this endeavor will come from the salary savings of the Water Works Person which has been unfilled to date. The result of this agreement is that the City of Meridian would gain 1,920 labor hours for required work using the IYCC youths for less than $5.20 per hour. Traditional labor expenses to get the same amount of work would be over $20,000 or $10.50 per hour. Project Costs Six IYCC Youths at $5.20 per hour for 1,920 hours $ 9,984 Project Funding At April 1, we are 50% through the FY10 fiscal year. ~'"'\ There are 2,080 hours in a full yr, so we will use half of that for this calculation. The hourly wage budgeted for the vacant Water Work Person is $12.16 and is Page 2 of 3 funded out of the Wells & Distribution -Wages G/L account #3410-41200. 1,040 hrs. x $12.16 = $12,646 of savings. VII. LIST OF ATTACHMENTS $ 12,646 A. Idaho Youth Conservation Corps Proposed Projects B. Memorandum of Agreement from Work Experience C. Agreement for Labor Expense Reimbursement between the City of Meridian and the Idaho Department of Labor for Idaho Youth Conservations Corps Program under the Workforce Investment Act. Approved for Council Agenda: `" Tom Barry, Director of Pub is o ~- ~o Date Page 3 of 3 Attachment A Idaho Youth Conservation Corps Proposed Projects Water / Sewer /Engineering ASSUMPTIONS • Six to 8 people available • Youth will be available for 12 weeks • Three work groups will receive IYCC employees o Water o Wastewater o Engineering • Youth with be paired with full time employees • Three to four will be placed in each division • Youth will work eight hour days on schedules comporting with full time employees • Time will be divided between Divisions o Groups will begin working in Water and Wastewater. o Every two weeks groups will rotate. PROJECTS 1. Water infrastructure maintenance a. Fire hydrant painting ^ b. Well lot maintenance c. Assist with customer service calls d. Assist with sampling collection 2. Sewer Collections Maintenance a. Assist televising sewer lines b. Assist cleaning sewer lines c. Performing maintenance at lift stations and associated lots 3. Wastewater Treatment a. Assist operators as they make their rounds b. Perform limited equipment and structure maintenance c. Grounds maintenance d. Assist in the performance of laboratory worker duties e. Pretreatment inspections assistance 4. Engineering /Project data gathering a. Man hole location assistance b. GPS water meter locations c. Reconcile GPS data 5. Stream Restoration and Clean-up a. Stream trash pick-up and culvert cleaning b. Stream restoration site clean-up 6. Public Outreach a. Assist with community events i. Public Works Week ii. YMCA and other tours of WWTP WIA-48 Rev. 12/02 n The EMPLOYER, an agreement with MEMORANDUM OF AGREEMENT Attachment B FOR WORK EXPERIENCE certified by the signature below, enters into hereinafter referred to as the Service Provider, to provide Work Experience training positions for WIA participants. This agreement shall remain in effect for no more than one year from the date of signature, unless previously canceled by either party. The employer agrees to comply with the following conditions governing the work assignments of participants: THE EMPLOYER: 1. Will perform the functions set forth in this Work Experience agreement, and its attachments, and will comply with the provisions of the Work Experience Operational Guidelines which are hereby mcorporated by reference; 2. Understands that the p ose of Work Experience is to provide WIA participants with an opportunity to develop good work habits and basic work skills. 3. Will comply with the maintenance of effort provisions of WIA, which assure that Work Experience pro ams: (i) result in an increase m employment and training opportunities over those which would otherwise be available; (it~do not result in the dis lacement of currently employed workers or the reduction in hours ofnon-overtime work, wages, or employment benefits; (iii~do not impair existing contracts for services or result in the substitution of federal funds for other funds m connection with work that would otherwise be performed, including services normally performed by part-time, temporary, or seasonal workers; and, (iv) result in the creation of jobs that are m addition to those that would be funded in the absence of assistance under WIA; 4. Agrees to submit weekly time reports of the hours worked by each Work Experience participant to the WIA Payroll Unit, such reports to be mailed no later than Friday of each work week. 5. Will provide other information related to its role as an employer, as requested by the Service Provider; ~ 6. Understands that allowances for state or national holidays may be paid to Work Experience participants provided other temporary employees within the organization receive holiday pay and the Service Provider has not expressly prohibited such payments. 7. Agrees to accept responsibility for hours worked in excess of those authorized, or for work performed prior to WIA enrollment of the Work Experience participant(s), or for work performed after WIA termination of the Work Experience participant(s); 8. Will comply with Title VI of the Civil Rights Act of 1964 as those provisions relate to Work Experience assignments; 9. Will comply with the Americans with Disabilities Act of 1990; 10. Will comply with the Workforce Investment Act, its regulations, and guidelines; 11. Agrees to provide the necessary tools, eqw ment, uniforms, and other supplies to Work Experience participants to the same degree as are non-WIA employees provided with the same; 12. Wil] provide safe and healthful working conditions for Work Experience participants, and will comply with Child Labor Laws of Idaho Code and the Fair Labor Standards Act; 13. Understands that the State of Idaho will provide Worker's Compensation coverage for all Work Experience participants; 14. Agrees to indemnify, save and hold harmless the Service Provider, the Service Delivery District, the State of Idaho, their officers, employees, and agents from any and all claims, causes of action, udgment, and costs arising out of the employer's performance of this agreement. This clause includes, but is not limited to, c~aims or suits brought by WIA participants; l5. Will ensure that Work Experience participants are supervised, and will ensure that all supervisory staff are aware of the conditions of this agreement. Typed or Printed Name of Employer Telephone Number Street Address of Employer City, State, Zip Code Signature of Employer Representative Date of Signature DISTRIBUTION: White: PTSU Canary: Service Provider Pink: Employer Form WIA-48 Completion Instructions The WIA case manager is encouraged to discuss each of the numbered provisions of this agreement with the employer .-~ representative prior to completion of the form. 1. The name of the business should be printed or typed on the left side of the first line at the bottom of the agreement form; the telephone number of the business should be entered on the right side of this line. 2. The street address (not Post Office Box) of the business should be entered on the left side of the second line at the bottom of the agreement; the city, state, and zip code for the business should be entered on the right side of this line. 3. The employer or his/her authorized representative should sign and date the last line at the bottom of the agreement. Distribution of agreement copies will be as listed at the bottom of the form. Attachment C WORK EXPERIENCE OPERATIONAL GUIDELINES A. Introduction to WIA B. General Information 1. Maintenance of Effort 2. Sectarian Activities 3. Nepotism 4. Civil Rights Act of 1964 5. Americans with Disabilities Act of 1990 6. Child Labor Law Provisions 7. Motor Vehicles and Liability Insurance 8. Workers' Compensation and Safety ~-. C. Supervisor Responsibilities D. Weekly Time Report and Record Keeping E. Confidentiality F. Participant Payment and Benefits G. Complaint Procedure H. Participant Termination I. Monitoring WIA Case Manager Name: Telephone Number:_ WIA-48-A (R. 6-OS) A. INTRODUCTION TO WIA WIA stands for the Workforce Investment Act, a training program designed to prepare individuals for participation in the labor force. THE WORK EXPERIENCE COMPONENT Work Experience means ashort-term or part-time work assignment with a public orprivate-nonprofit employing agency for an individual who needs assistance in becoming accustomed to basic work requirements. In addition to promoting the development of good work habits and basic work skills, this component may provide short-term occupational exploration or limited job experience. The work site supervisor plays an important part in meeting WIA objectives and assisting the participant to achieve his/her training goal. This document will provide basic program information along with instructions relating specifically to the work experience component. In addition, the WIA Case Manager is available to answer questions or assist with specific program requirements. B. GENERAL INFORMATION 1. Maintenance of Effort Displacement of regular employees or contracted services, using WIA funds, is prohibited. Work Experience assignments must be in addition to those employment and training opportunities that would otherwise be available or funded in the absence of WIA funds. The agreement that is signed by the sponsoring agency provides detailed information which prohibits a reduction of hours, benefits, or displacement of regular employees. If you have questions or concerns regarding this provision contact your WIA Case Manager immediately. WIA funds cannot be utilized for any position(s) affected by a labor dispute involving work stoppage. 2. Sectarian Activities The employment or training of participants in sectarian activities is prohibited. 3. Nepotism This rule prohibits employers from hiring members of the immediate family into a WIA training position. The term "member of the immediate family" includes wife, husband, son, daughter, mother, father, brother, sister, grandfather, grandmother, aunt, uncle, niece, nephew, stepparent, stepchild, grandchild, and the corresponding in-laws to these family members. Although a paid bona-fide employer-employee relationship does not exist between the Work Experience participant and the work site, the placement of participants with agencies where family members are employed is ~ strongly discouraged. ,~ 4. Civil Rights Act of 1964 Under the Civil Rights Act of 1964, no person in the United States shall, on the grounds of race, color, sex, religion, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. In addition, WIA participants may not be excluded from participation in, be denied benefits of, or be subjected to discrimination on the basis of age, handicap, or political affiliation or belief. 5. Americans with Disabilities Act of 1990 The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination based on disability, requires employers to make reasonable accommodations for individuals with disabilities, and requires employers to utilize equal opportunity practices in the testing, selection, and hiring of individuals with disabilities. 6. Child Labor Law Provisions The Fair Labor Standards Act establishes restricted occupations and activities for minors under the age of 18, commonly referred to as Child Labor Laws. Although Work Experience participants are not employees, the Child Labor Law restrictions do apply to the learning experiences of the participant. Your WIA Case Manager will provide written information pertaining to restrictions and prohibitions for youth under age 18. 7. Motor Vehicles and Liability Insurance If the work site's motor vehicles are used by a participant in accomplishing work experience activities, the work site must carry comprehensive auto liability insurance with coverage not less than $500,000 combined single limits per occurrence. Due to the nature of the Work Experience program, participants are discouraged from using their own vehicles in accomplishing the activities covered under the Work Experience Agreement. If a participant, age 18 or older, is authorized and required to use his/her own vehicle in the performance of duties, the participant must carry insurance coverage in the amounts cited in the paragraph above. The work site must pay the participant mileage at the same rate it pays its non-WIA employees. WIA will not reimburse the work site such mileage costs, nor will it reimburse the cost of the insurance coverage required. Note: Child Labor Laws restrict participants who are under the age of 18 from driving motor vehicles or performing similar assignments such as driver's helper. 8. Workers' Compensation and Worker Safety The Department of Commerce and Labor provides Worker's Compensation for all work experience ~ participants. Immediately notify the WIA Case Manager in the event of a participant accident or injury. The work site will be provided with appropriate forms and filing procedures at this time. The work site agrees to provide safe and healthful working conditions for participants. This includes adequate supervision and instructions relating to the safe and proper use of facility equipment and 2 products. As a reminder, most work experience participants lack an employment background which .-~ might have equipped them with the basic elements of safe and sanitary work practices. C. SUPERVISOR RESPONSIBILITIES To accomplish the purpose of the Work Experience program, supervisors of WIA participants will be expected to: Provide adequate supervision and instruction 2. Require the same basic work rules, attitude, and dress code by WIA participants as is required of all employees in the work place Afford the same opportunities and treatment to WIA participants as is given to other employees 4. Assist the participant in improving any work-related deficiencies that may be noted 5 Inform the WIA Case Manager of the participant's progress; both positive and negative 6. Inform the WIA Case Manager immediately if the participant terminates prior to the planned completion date 7. Ensure the participant is pursuing the assignments and goals which are outlined on the WIA Learning Plan or Workplan Resume (forms WIA 41-A and 175). If you wish to change the assignment(s) of the participant, contact your WIA Case Manager Maintain and submit appropriate time and attendance records. Ensure that work hours do not exceed the hours authorized on the WIA Learning Plan. Note: hours must never exceed 40 hours per week. D. WEEKLY TIME REPORT AND RECORD KEEPING The Weekly Time Report (WIA-50) must be completed and submitted on the last working day of the week. If the Weekly Time Report is used as the official record of attendance, the form must be filled out on a daily basis. If attendance is recorded on a different form (employer time report, time clock, etc.), and then transferred to the Weekly Time Report, the form can be completed at the end of each week. Time sheets may not be pre-signed by either the participant or supervisor and must contain signatures from the participant and an authorized supervisor/individual according to the Signature Authorization, WIA Form -80. The original and one copy of the Time Report should be submitted at the end of the week to WIA Payroll Unit, 317 W. Main Street, Boise, ID 83735. The second copy should be sent to the WIA Case Manager, and the final copy retained by the work site. ,.-. Note: participants are paid every week. Failure to have the proper signatures or to submit time sheets every week could result in delay of paychecks to the individual. Checks will be mailed to the participant's home address. 2. The WIA case manager is responsible for providing each work site with a copy of the signed Memorandum of Agreement and its attachments. These documents along with the employer copy of the weekly time report should be maintained for a period of 3 years E. CONFIDENTIALITY WIA participant information is confidential. The work site may disclose whether or not an individual is a WIA participant; however, the disclosure of any other information requires permission of the participant. F. PARTICIPANT PAYMENT AND BENEFITS • Participants receive federal minimum wage for every hour of participation. Upon receipt of a weekly time report, a payroll check is mailed to the participant's home address. The WIA Case Manager should be notified immediately of an address change • FICA employee withholding and employer contributions are made for work experience payments. • All work experience participants are covered by worker's compensation -see page 2 of this r~ document. • Allowances for recognized state or national holidays may be authorized by the funding organization if other similarly situated, temporary employees within the organization receive holiday pay and the Service Provider has not expressly prohibited such payments. When authorized, participants will be paid holiday pay if they are normally scheduled to work on the holiday, but cannot due to closure of your facility. Participants may also receive holiday allowances if your agency honors a holiday on a substituted day rather than an actual holiday. You must clearly indicate on the Weekly Time Report that another day has been substituted for the recognized holiday. • WIA may be able to provide, under certain circumstances, special supportive services to participants. Such services must be necessary in order for the client to participate in training or employment. The WIA Case Manager can provide additional information on the availability of supportive services. G. COMPLAINT PROCEDURE r-~ A WIA participant or work site may file a complaint if it is believed that there has been a violation of the WIA Act, regulations, rules, grant, or other agreements under the Act. This would include discrimination, sexual harassment, other illegal action against the participant, or wage-hour disputes, hazardous working conditions, etc. Please contact your WIA case manager for detailed information regarding jurisdiction, periods of time in which complaints may be filed, information needed, and forms to be completed. 4 H. PARTICIPANT TERMINATION WIA administrative reasons for terminating a participant from the work experience component may include maintenance-of--effort violations, fraud, and/or falsification of information. The work site may also find it necessary to discharge a participant prior to the originally agreed upon date. In such cases please observe the following instructions and, when possible, notify the WIA case manager prior to termination. 1. Notify the participant of the intended termination and the reason for it 2. Tell the participant that he or she has the right to file a complaint with the WIA Case Manager; the supervisor may assist the participant by offering to contact the WIA Case Manager, or may encourage the participant to make this contact directly. 3. The final, signed time report must be submitted to the WIA payroll unit on the day of termination. I. MONITORING Monitoring is a process of on-site visitation to provide technical assistance and ensure compliance ^ with the terms of the Work Experience Agreement and the WIA. WIA work sites are generally visited at least once by the WIA Case Manager and may be visited by a monitor representing your Workforce Investment Area or the WIA Administrative Entity. Monitoring visits are conducted at the work place with as little disruption of the workday as possible. NOTES: 5 Attachment D AGREEMENT FOR LABOR EXPENSE REIMBURSEMENT BETWEEN THE CITY OF MERIDIAN AND THE IDAHO DEPARTMENT OF LABOR FOR IDAHO YOUTH CONSERVATION CORPS PROGRAM UNDER THE WORKFORCE INVESTMENT ACT This agreement is entered into by the City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642, hereinafter referred to as "The City"; and the Idaho Department of Labor, 317 W. Main Street, Boise, Idaho 83735, hereinafter referred to as "Idaho Dept of Labor." WHEREAS, the U.S. Department of Labor through the Workforce Investment Act ("WIA") grants federal funds to the Idaho Dept of Labor to administer the youth program that provides economically disadvantaged youth year-round employment training services; and Idaho Dept of Labor is also the recipient of economic stimulus funds from the American Recovery and Reinvestment Act of 2009, which provides additional funding for WIA activities; WHEREAS, the Governor of the State of Idaho has encouraged state agencies to better integrate and coordinate the delivery of employment and training services to the citizens of the State; WHEREAS, Idaho Code § 67-2326 authorizes public agencies to cooperate to their mutual advantage to make the most efficient use of services and facilities in performing their statutory functions; WHEREAS, Idaho Dept of Labor administers the Idaho Youth Conservation Corps program ("IYCC ~ program") that offers summer youth employment opportunities to eligible youth and provides such employment by entering into cooperative agreements with federal, state and local agencies that will host work sites for the IYCC program; and WHEREAS, The City is a public agency of the State of Idaho and desires to assist the Idaho Dept of Labor by providing potential projects for the IYCC program and paying certain program expenses associated these projects. NOW, THEREFORE, The City and Idaho Dept of Labor mutually agree as follows: 1. This agreement is executed concurrently with the Memorandum of Agreement for Work Experience and Work Experience Operational Guidelines, which by this reference are hereby incorporated herein for all purposes. In the event of conflict between the terms of this agreement and the memorandum of agreement and operational guidelines, the stricter provision shall prevail. 2. The City agrees to provide potential projects for the IYCC program. Attached hereto as Exhibit "A" is a list of the potential projects. The parties contemplate that these projects will run for a period of approximately eight weeks. The parties will by separate agreement determine which projects from Exhibit A will be selected for work. The terms and conditions of this Agreement will govern the performance of the work on the selected project. 3. The City will supervise the IYCC crew on any projects selected by the parties. 4. The Idaho Dept of Labor and The City each agree to pay Ten Thousand Dollars ($10,000) toward the labor cost of the IYCC crew for the projects selected under this agreement. The City will remit the amount directly to the Idaho Dept of Labor within ten business (10) days after execution of this agreement. Page 1 of 2 5. The persons responsible for administration of this agreement are: City of Meridian Rich Dees, Utility Operations Manager 3401 N. Ten Mile Road Meridian, ID 83646 (208) 888-5242 Idaho Department of Labor John Russ, Office Manager Meridian Local Office 205 E. Watertower Lane Meridian, ID 83642-6282 (208) 364-7785 ext. 3303 6. The City will remit any payment under this Agreement to: Idaho Department of Labor Attn: Accounting Bureau 317 W. Main Street Boise, ID 83735-0610 7. The Idaho Dept of Labor is a governmental entity of the State of Idaho and this agreement for labor reimbursement shall in no way or manner be construed so as to bind or obligate the State ^ of Idaho beyond the term of any particular appropriation of funds as may exist from time to time. Idaho Dept of Labor reserves the right to terminate this agreement if, in its judgment, either the legislature of the State of Idaho, the United States Congress, or the United States Department of Labor fail, neglect or refuse to appropriate sufficient funds as may be required by Idaho Dept of Labor to continue under this agreement. In the event this agreement is terminated by Idaho Dept of Labor for lack of sufficient funding, all future rights and liabilities of the parties to this agreement shall cease 10 business days after written notice of insufficient funding is sent by Idaho Dept of Labor to The City. 8. The term of this agreement will run from the date of execution to September 30, 2010, unless sooner terminated by either party upon written notice the other party. Any payment obligation of a party will survive the termination of this agreement. CITY OF MERIDIAN BY: ~~~s-/ -~S4 DATE: `/~ d7 2[r~a d ~ t C~ TITLE: ~ \ Mayor IDAHO DEPARTMENT OF LABOR BY: ~ e~ ~ ~~~~ DATE: 2 ? ~ ~-. Roger adsen ' TITLE: Director Page 2 of 2 MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. JrF REQUEST• Revised aareement with Ada County Highway District with aNot-to-Exceed Proiect Cost of $180 583 92 for Construction of the Eagle Road Victor~to the Ridenbauah Canal Proiect with Oriainal Aareement Dated September 8, 2006 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: See Attached 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. i ,~ ~yi~E IDIAN~- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE: April 12, 2010 Mayor Tammy de Weerd CNy ~wrseil Mearierp Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVAL OF REVISED AGREEMENT WITH ACHD AND NOT TO EXCEED PROJECT COST OF $180,583.92 FOR CONSTRUCTION OF THE EAGLE ROAD, VICTORY TO THE RIDENBAUGH CANAL PROJECT '""~ I. RECOMMENDED ACTION A. Move to: 1. Approve the revised agreement with ACHD and not to exceed project cost of $180,583.92 for construction of the Eagle Road, Victory to Ridenbaugh Canal Project; and 2. Authorize the Mayor to sign the revised agreement II. DEPARTMENT CONTACT PERSONS Tim Curns, Transportation and Utility Coordinator 489-0342 Brent Blake, Project Manager 489-0340 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Backg~d A previous agreement with ACHD for the Eagle Road, Victory to the Ridenbaugh Canal project was approved by City Council on 9-8-06, which outlined the construction responsibilities of each party. In recent months, the Page 1 of 3 V ~ scope of the project has changed. ACRD is now responsible for constructing a portion of the water and sewer improvements with the project in order to provide utilities to properties with septic services impacted by the roadway construction. Neither agreement is for a specific dollaz amount; however, ACRD is additionally seeking the City's concurrent approval of the low bid amount. Construction is scheduled to begin this May. B. Project Description The City portion of this cooperative project with ACRD includes the installation of approximately 1,400 feet of 12" water main and 300 feet of 8" sewer main in accordance with the City's water and sewer master plans. C. Contractor Selection Under the agreement with ACRD, the combined roadway, water and sewer project was bid by ACHD. The low bid contractor selected for the project is Central Paving and the sub contractor installing the water and sewer lines, McMasters Construction, has a Public Works Contractor License and is qualified to complete the work. IV. IMPACT A. Strategic Impact: This agreement with ACHD allows for project cost savings and a reduction in the overall duration of construction in the roadway. These benefits further the goals of the Public Works Department to conduct projects in a fiscally responsible manner and minimize impacts to the traveling pubic. B. Service/Deliverv Impact: This project will facilitate the connection of neighboring properties to City utilities and further expand the City's water and sewer network. C. Fiscal Impact: A reduction in overall project construction cost will be realized due to ACHD sharing costs such as administrative, traffic control, and mobilization. The City also does not pay certain costs associated with sepazately constructing the project, such as permanent pavement restoration and Stonn Water Pollution Prevent Plan administration. The project cost breakdown is as follows: Project Costs: Water and Sewer Pipeline Construction $148,671.60 Costs Shazed with ACHD $15,495.60 Subtotal: $164,167.20 Page 2 oj3 Contingency (10%) $16,416.72 Total: $180,583.92 Project Funding Account 3490 96140 -Water Line Extensions $166,583.92 Account 3590 93505 -Sewer Line Extensions $14,000.00 Total: $180,583.92 V. ALTERNATIVES Council may choose not to approve the amended agreement and construction costs; however, this would cause the work contained in the project to be removed from the ACRD project and bid separately at a higher cost. In addition, ACRD would not be contractually bound to cover the costs of certain portions of the sewer and water installation. VI. TIME CONSTRAINTS Council's approval will allow the City's work to be executed with ACHD's project. ~'`` The timeline for inclusion of the work is very tight and construction is expected to begin in May. VII. LIST OF ATTACHMENTS A. Bid Schedule from Low Bidder B. Original Agreement, approved 9-8-2006 C. Revised Agreement Approved for Council Agenda: Engineering Manager Date Page 3 of 3 .; ,_! i~~.,+,~ ~tlnlt'M1oe'Bid~a '". ~Bh1.~~~e~' .~ ~EpN Hoed - Vlolo~l-b'11f~MnbMgh"Canal:•Ykb~-aed EapN !lord icn, `~ .dE'WAdhn wMM•and'sl~JnieMnt~M477~c81•='814, ,~ . , ' ' , °; ; ~ , ~ . 7.4.i.A.t RangvalolObelnxsions 1 L8 i 100.00 i 100A0 0307ri.1.G.1 Tppe'P' Surlaoe Rwbraibn (Temporary) 817 SY i 8.50 i 7,794.50 0307.4.1.H.1 Fid Wktih Patremenl SuArce ReebnMbn 772 SY i 25.30 : 18,531.80 0401.4.1.A.1a 8' PVC, AW1NA 0800. DR 18 wafer Maln 39 LF i 1720 i 870.80 040t.4.t.1~1b 8' P1AC, AWWA 0900. DR 18 wafer Main 87 !F i 24.80 i 2.14020 0401.4.1A1e 1r PVC, AWWA C900. DR 18. Waier Main 1,354 LF i 33.20 s 47,880.80 0402.4.tA1a 8'QaieVahre f EJ1 = 874.00 i 674.00 0402.4.1.A.1b 8" Ghte Valve EA S 952A0 i 1,904.00 0403.4.1.A.1 Fke Hydrant Awmbly 1 EA i 2,200.00 i 2,200.00 0501.4.1.8.1 8' PVC, ASTM D3034, 8aniiery Sswrr Pipe 32 LF i 24.90 i 8,167.20 0502.4.t.I~1 SarYhery Sewer Manhole - Type A, 48' 1 E/1 S 1.500.00 i !,600.00 0503.4.1.A.1 8' T Type Cleenout Per SDSS 1 EA S 308.00 i 309.00 2030.4.1.C.1 Vahie Banc, Adjue# b dsde 1 EJ- i 188.00 S 188.00 sP 1 r slow OMAseecrd~ly Per SD•w19 2 EA s 1,1aow s 2,200.00 SP 2 Ad)tat ExkttnB Water Meln At New Pips Croeei~ 2 EA i 3,900.00 i 7,800.00 SP 3 Lower ExleBnp walr Main LF i 15A0 i 8,400.00 SP 4 Lower E~deBrg Wafer Valve 4 FJ1 i 270.00 S 1.080.00 SP 5e 24', 3/8" Think Steel CeehiB Per DstaNe Sheet 8 30 LR S 259.00 i 7.770.00 SP 5b 18', 3/8" Thick Shut Ca:inp Per Deals Sheet 8 3~ e.~.;~.;~ LF S 123.00 i 3.880.00 amid wpeaaMe Ilre they hewom etraminad W apieelons~erawres. ~ aoNeotl~inod~8ons") to 1M Propo.~l~ ewd~ by tke !Odder, aed approves dM seoA eeodlfbatlonr end that tlM Kq INIINig say seeh eodNketlaew ha wlharlratlon to ds eo oe be1Wt o the Balder. Any ao/etal tlwt eaMelns eddMlens of anp Idnd, prkas ueotllw for. prigs !fort ere obviowly w+a.lenaa. orthat b eny aremer taN b earM~ane b the Pab~dnd 1nN6iMon to aid eery be oorMidand wreapoiaiw. Bidder Comparry iMame• ~~ WddM Cwnpany hlaw• ~lParffia Any F-aPoNf that oonpdns oaial0ns, arauraa. or alarattsrw nat hdtlalad awy bs oanaldsrsd uaiwpenahrs. Ths 61ddM rdmoMMdON. dselaa, aad mprssms that shay haw araiaMy saaialnsd ap o~nMstons, Mauves. andror Mwratlons (eoI1K1Mh'ngdYbugow."i b tbs ~r nnads br Ihs OFdiMr, aad a/pro~ws d atl such niedMiatlons and Ynt the IndhAduWs) any aud~ modalatlons has autl~oAwltan b do so an bshsN o the tiiddr My thopaaal that oonbins addlMans d aay triad. prlew unwNsd for. prkss tlait an obvlewly unbaMnad. or that M any siannM taM to oMda~n b the ou61MIMd hwlMtaoa blNd nay bs aaWduad wawpsaalw. -,~ r AGREEMENT FOR: - ROAOWAYCONSTRUCTION /SEWER 8 WATER LINE IMPROVEMENTS EAGLE ROAD, VICTORY TO THE RIDENBAUGH CANAL ACRD PROJECT N0.504043 VICTORY ROAD 8 EAGLE ROAD INTERSECTION ACHD PROJECT N0.303014 THIS AGREEMENT made and entered into this- day of~~r.~rr,,a~~ , 2006, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being s body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing Eagle Road from Victory to the Ridenbaugh Canal and the Victory Road and Eagle Road intersection, including water and sanitary sewer installations as detailed in Project Number 504043 and Project Number 303014, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of the water lines and the sanitary sewer pipelines as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all cosh and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not .limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; Page 1 of 5 1. c. Furnish MERIDIAN wi#h an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; Provide for the reference and replacement of till pre-existing survey monuments within the worts area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1-foot above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re-testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; P11gY 4 of 6 Ir d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice I therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of $8,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the construction of the sanitary sewer and water facilities; mobilization, traffic ~ntrol, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN 'S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installation of sanitary sewer and water lines or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDWN'S approval .will be required for any change order work involving the sanitary sewer or water line installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; Pape 3 of 5 f. All signatories to this Agreement represent and warrant that they have the poorer to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT BY~ ~ By: Susan Slaughter William J. weitzer Senior Administrative Assistant ~~~~ Director ATTEST: ~~•~`~~y ~ ~~'hX,OF MERIDIAN ,.~ ~, ~ .~ ~, ~~ o ; ~~~I y ~~ By' ,p/ ~~ 4'sb.i " ~ _ / ~ William G. Berg, Jr. Cit Cleri 9 ~ ~'-, ~ r ~s~ ,~ eerd '~ ~~M y c ,~, 9 ~~ ayor STATE OF IDAHO ) Paga 4 oT 5 COUNTY OF ADA j ~ 1,~... On this day of ""' , 2006, before me, a notary public in and for said state, personally ap eared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official. seal the day and year first above written. ~~.,••-,~, s r''~ Uo''•. y ~~7Ag~- '~,p * ~.~ } pV B L1~'~~ ~4 ...••f~4-o~ •• Tg OF t~..a~ STATE OF IDAHO COUNTY OF ADA ss. C~ ~ `"~ Notary Public for I aho Residing at ~ ,Idaho My commission expires: ~_ ~ _ ~, ~ 9 On this ~ ~~ day of ~ ~ +~`Jc^-% 2006, before me, the undersigned, personally appeared TAMMY EWEERD and WILLIAM G. BERG, JR., Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within Instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~'Yf~~YI~ivu~~ Notary Public for Idaho Residing at . IYt r LY.u,. ,Idaho My commission expires:1~ _~r_ ~~ Page S of S r v .~~ ,..,,, AGREEMENT FOR: ROADWAY CONSTRUCTION /SEWER & WATER LINE IMPROVEMENTS EAGLE ROAD, VICTORY TO THE RIDENBAUGH CANAL ACRD PROJECT N0.504043 VICTORY ROAD & EAGLE ROAD INTERSECTION ACHD PROJECT N0.303014 THIS AGREEMENT made and entered into this c11 day of A art t , 2010, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing Eagle Road from Victory to the Ridenbaugh Canal and the Victory Road and Eagle Road intersection, including water and sanitary ,.-~, sewer installations as detailed in Project Number 504043 and Project Number 303014, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of water lines and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. WHEREAS, the DISTRICT is undertaking construction of water and sanitary sewer facilities at its sole cost as part of the CONTRACT, but separately from MERIDIAN'S portion of the CONTRACT. NOW, . THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway Page 1 of 6 r ~.. reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN'S concurrence regarding MERIDIAN'S portion of the work, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; Provide for the reference and replacement of all pre-existing survey monuments within the work area; ,--. g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1-foot above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re-testing required in any area that does not meet CONTRACT requirements; h. Provide the field survey and grade control necessary for construction of the roadway as well as water and sewer contained in DISTRICT'S portion of the work. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines contained in MERIDIAN'S portion of the work. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative. Field survey and grade control required for the installation of MERIDIAN'S portion of the sanitary sewer and water facilities installed under the CONTRACT shall be provided by MERIDIAN; Page 2 of 6 ~,..~ b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for MERIDIAN'S portion of the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Supplemental Specifications to the ISPWC); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of five (5) percent of MERIDIAN'S construction costs for all additional costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities; ~ f. Reimburse the DISTRICT for mobilization, traffic control, flagging, detours, and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN`S project costs as they relate to the total project construction costs; g. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Plans for MERIDIAN'S portion of the water and sanitary sewer facilities, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and h. Reimburse District for any additional costs to District attributable to the installations, adjustments, relocations, and abandonments of MERIDIAN'S portion of the water and sanitary sewer facilities or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for MERIDIAN'S portion of the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, ~~ installed, as determined from field measurements made by MERIDIAN, and Page 3 of 6 paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the installations, adjustments, relocations, and abandonments of MERIDIAN'S portion of the water and sanitary sewer facilities; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument replaces the previous agreement for this project dated September 8, 2006 and contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Attached to this agreement are four bid schedules that specifically delineate payment responsibilities for the various items of underground sewer and water facilities to be constructed as part of this project. Page 4 of 6 ^ IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT BY~~~ ~~. ~ By: ~~ Susan Slaughter Sherry uber Executive Assistant Director ATTEST: ~ CITY OF MERIDIAN ,,;; ~% ., ,~ ', diy2 % ~ ~ ~ gy. ~1~=~ ~ '' ~o By. rF . , O Jaycee Holmar~ REAL ~.de-Wee~rd Uav~d Z.a~rcmbq ~ city clerk Ate` n Na.l err %, 9Q UST 15T ., ~•~ ~~: ..-r.. '% '9 Q' ~~` ,,~ COUNTY ~~ ~.. STATE OF IDAHO ) ss. COUNTY OF ADA ) On this 2~ `,"~"- day of -1/1,x, o-..~-~~ , 2010, before me, a notary public in and for said state, personally appeared SHERRY R. HUBER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .•' ~' .r'""•••. S' '•. Notary Public for Id ho ,~`~~~~~ pTA$p ~~~~'; Residing at ,Idaho .h~ ~^~ * ~ ~~~ ~ = My commission expires: y.-g-ZotS '.~, PUB 1~~G a it •~~.~ T8 OF 1p.••'. Page 5 of 6 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this ~-+h day of _ undersigned, personally appeared ~df and City Clerk respectively of MERIDIAN be the persons whose names are acknowledged to me that they executed 2010, before me, the a wand JAYCEE HOLMAN, Mayor I , a r'"r urncipal corporation, known to me to subscribed to the within instrument, and the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~,~1C. A Jp,~~. ,t A • • ~;~~ ~, f ~I ~ 1 • ~ ' I 1 / • __• • ~ ~~'y' ~~~91 ~ ~ ` •....~ N Public for I ho Resi ing at Vivina~. ,Idaho My commission expires: Jan y ~ ~oi~ Page 6 of 6 A ,,,\ BID SCHEDULE NO. 1 WATER AND SEWER IMPROVEMENTS ACRD PROJECT N0.303014 IN277 EAGLE RD AND VICTORY RD INTERSECTION CITY OF MERIDIAN PAY ITEMS Item No. Item Description Estimated Unit Unit Price Bid Item Quantity Bid Total 207.4.1.A.1 REMOVAL OF OBSTRUCTIONS 1 LS 307 4 1 G 1 TYPE P SURFACE 917 SY . . . . RESTORATION-TEMPORARY 1 H 1 307 4 FULL WIDTH PAVEMENT 772 SY . . . . . SURFACE RESTORATION 401 4 1 A 1 a 6" PVC, AWWA C900, DR18, 39 LF . . . . . . WATER MAIN 401 4 1 A 1 b 8" PVC, AWWA C900, DR1$, 87 LF . . . . . . WATER MAIN 401 4 1 A 1 c 12" PVC, AWWA C900, DR18, 1354 LF . . . . . . WATER MAIN 402.4.1.A.1.a. 6" GATE VALVE 1 EA 402.4.1.A.1.b. 8" GATE VALVE 2 EA 403.4.1.A.1. FIRE HYDRANT ASSEMBLY 1 EA 501 4 1 8 1 8" PVC, ASTM D3034, SANITARY 328 LF . . . . . SEWER PIPE 4 1 A 1 502 48" STANDARD SEWER 1 EA . . . . . MANHOLE, TYPE A 503.4.1.A.1. 8" T-TYPE CLEANOUT PER SD-S3 1 EA 2030.4.1.C.1. ADJUST VALVE BOX TO GRADE 1 EA SP-1 2" BLOW-OFF ASSEMBLY PER 2 EA SD-W 19 SP-2 ADJUST EXISTING WATER MAIN 1 EA AT NEW PIPE CROSSING SP-3 LOWER EXISTING WATER MAIN 560 EA SP-4 LOWER EXISTING WATER VALVE 4 EA SP-5a 24"QJ 3/8" THICK STEEL CASING 30 LF pER DETAILS SHEET 8 SP-5b I PER DETAILS SHEET g CASING I 30 I LF Any "Proposal" shall be deemed nonresponsive which contains omissions, erasures, or alterations not initialed, additions of any kind, prices uncalled for, prices which are obviously unbalanced, or which in any manner fail to conform to the conditions of the published "Invitation to Bid". BIDDER: Total Bid Schedule BID SCHEDULE NO. 1 ~` WATER AND SEWER IMPROVEMENTS ACHD PROJECT NO. 504043 RD203-17 EAGLE RD (VICTORY TO RIDENBAUGH CANAL) CITY OF MERIDIAN PAY ITEMS .- Item No. Item Description Estimated Unit Unit Price Bid Item Quantity Bid Total 207.4.1.A.1 REMOVAL OF OBSTRUCTIONS 1 LS 307.4.1.G.1 TYPE P SURFACE 40 SY RESTORATI ON-TEMPORARY 401.4.1.A.1. 8" PVC, AWWA C900, DR18, 59 LF WATER MAIN 402.4.1.A.1. 8" GATE VALVE 2 EA 2030.4.1.C.1. ADJUST VALVE BOX TO GRADE 13 EA SP-1 2" BLOW-OFF ASSEMBLY PER 2 EA SD-W 19 SP-2 HOT TAP EXISTING WATER MAIN 2 EA SP-3 ADJUST EXISTING WATER MAIN g EA AT NEW PIPE CROSSING SP-4 UPGRADE STORM DRAIN PIPE 2 EA TO WATER CLASS PIPE SP-5 24"0, 3/8" THICK STEEL CASING 18 LF PER DETAILS SHEET 10 Any "Proposal" shall be deemed nonresponsive which contains omissions, erasures, or alterations not initialed, additions of any kind, prices uncalled for, prices which are obviously unbalanced, or which in any manner fail to conform to the conditions of the published "Invitation to Bid". BIDDER: Total Bid Schedule ~ $ .• BID SCHEDULE N0.2 ~ WATER AND SEWER IMPROVEMENTS ACRD PROJECT N0.303014 IN277.01 EAGLE RD AND VICTORY RD INTERSECTION ADA COUNTY HIGHWAY DISTRICT PAY ITEMS ,-- Item No. Item Description Estimated Unit Unit Price Bid Item Quantity Bid Total 307.4.1.G.1 TYPE P SURFACE 134 SY RESTORATION-TEMPORARY 404.4.1.A.1. 1 "fd STANDARD WATER SERVICE 2 EA CONNECTION 501.4.1.6.1. 8" PVC, ASTM D3034, SANITARY 302 LF SEWER PIPE 502.4.1.A.1. 48" STANDARD SEWER 1 EA MANHOLE, TYPE A 504.4.1.A.1. 4" PVC, ASTM D3034, SEWER 95 LF SERVICE PIPE (MAIN TO R/V1l) SP-6 CONNECT HOUSE TO WATER 2 EA SERVICE LINE SP-7 CONNECT HOUSE TO SEWER 2 EA SERVICE LINE SP-8 1"fU WATER SERVICE LINE (METER TO HOUSE) 210 LF SP-9 4" PVC, ASTM D3034 SEWER 250 LF SERVICE PIPE (R/W TO HOUSE) Any "Proposal" shall be deemed nonresponsive which contains omissions, erasures, or alterations not initialed, additions of any kind, prices uncalled for, prices which are obviously unbalanced, or which in any manner fail to conform to the conditions of the published "Invitation to Bid". BIDDER: Total Bid Schedule .~ BID SCHEDULE N0.2 '~`` WATER AND SEWER IMPROVEMENTS ACHD PROJECT N0.504043 RD203-07.01 EAGLE RD (VICTORY TO RIDENBAUGH CANAL) ADA COUNTY HIGHWAY DISTRICT PAY ITEMS Item No. Item Description Estimated Unit Unit Price Bid Item Quantity Bid Total 307.4.1.G.1 TYPE P SURFACE 600 SY RESTORATION-TEMPORARY 401.4.1.A.1. 8" PVC, AWWA C900, DR18, 32 LF WATER MAIN 402.4.1.A.1. 8" GATE VALVE 1 EA 404.4.1.A.1. 1 "Q1 STANDARD WATER SERVICE 4 EA CONNECTION 501.4.1.8.1. 8" PVC, ASTM D3034, SANITARY 616 LF SEWER PIPE 502.4.1.A.1. 48" STANDARD SEWER 2 EA MANHOLE, TYPE A 502.4.1.F.1. CONNECT PIPE TO EXISTING 1 EA MANHOLE 503.4.1.A.1. 8" T-TYPE CLEANOUT PER SD-S3 1 EA 503.4.1.A.3. 4" SEWER SERVICE CLEANOUT 1 EA PER SD-S2 504.4.1.A.1.a. 4" PVC, ASTM D3034, SEWER 49 LF SERVICE PIPE (MAIN TO R/V1/) 4" PVC, AWWA C900, DR25, 504.4.1.A.1.b. SEWER SERVICE PIPE 153 LF (MAIN TO R/W) 504.4.1.D.1. 4" SEWER SERVICE 3 EA CONNECTION SP-1 2" BLOW-OFF ASSEMBLY PER 1 EA SD-W 19 SP-2 HOT TAP EXISTING WATER MAIN 1 EA SP-6 CONNECT HOUSE TO WATER 3 EA SERVICE LINE SP-7 CONNECT HOUSE TO SEWER 3 EA SERVICE LINE P-8 1"O WATER SERVICE LINE (METER TO HOUSE) 160 LF r r .' SP-9 ~S RVIDCE PIPED(3R/W OHO SE) 182 LF Any "Proposal" shall be deemed nonresaonsive which contains omissions, erasures, or alterations not initialed, additions of any kind, prices uncalled for, prices which are obviously unbalanced, or which in any manner fail to conform to the conditions of the published "Invitation to Bid". BIDDER: Total Bid Schedule MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. 5G REQUEST• Chanae Order # 1 to the Oriainal Task Order Dated November 13, 2008 for $20,201.00, with Hydro Loaic Inc for Additional Professional Services Associated with the Development of a State Certified Source Water Protection Plan for aNot-to-Exceed Amount of $30,000.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: 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: See Attached d MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. -,~~i~E IDIAN ~~~iC 1 DA H O ~i~''orks Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, PE, Assistant City Engineer DATE: 4/13/2010 Mayor Tammy de Weerd City Coundl Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: CHANGE ORDER #1 TO THE ORIGINAL TASK ORDER DATED NOVEMBER 13, 2008 WITH HYDRO LOGIC, INC., FOR ADDITIONAL PROFESSIONAL SERVICES ASSOCIATED WITH THE DEVELOPMENT OF A STATE CERTIFIED SOURCE WATER PROTECTION PLAN FOR A NOT TO EXCEED AMOUNT OF $30,000.00. (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve change order #1 to the original Task Order 0781, Source Water Protection Plan, dated November 13, 2008, with Hydro Logic, Inc for a not to exceed amount of $30,000.00. 2. Authorize the Mayor to sign the change order. II. DEPARTMENT CONTACT PERSONS Kyle Radek, Assistant City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works 489-0343 489-0350 489-0372 Page 1 of 4 III. DESCRIPTION ~"~ A. Background Tn 2003, Hydm Logic developed a Source Water Protection Plan (SWPP) for the City. Due to issues that the Idaho Department of Environmental Quality (IDEQ) staff and the City could not reconcile, the SWPP was not approved. Since that time, new staff at IDEQ has revisited the plan and indicated that, with some updates, it could meet their criteria for state certification. In November of 2008, the City contracted with Hydro Logic to conduct tasks required to update the City's SWPP and obtain state certification. Significant progress has been made on that work including conducting vulnerability assessments for the City's newest wells, updating the existing SWPP, and developing language in combination with a web site link to enable state certification without compromising key scientific issues. After significant rework efforts, just as City staff and our consultant thought that certification was forthcoming, we found that this was not the case. Specifically, in order to be certified, the City's plan would be required to accept the contaminant delineation zones and groundwater modeling provided by IDEQ that we strongly believe are erroneous, misleading, and overstate the vulnerability of our water sources. Finally, we have determined that we will not obtain state certification unless we either (1) use the groundwater model provided by IDEQ, or (2) develop our own model to determine contaminant travel patterns. B. Chan a Order The intent of this change order is to provide funds for the following: 1. Consulting fees over the original task order amount due to significantly more coordination and rework efforts than was originally anticipated. 2. Develop a groundwater model for Meridian using an existing model developed for the West Boise area. Bring Meridian data into the existing model, run several iterations of the model, confirm reasonable output, and produce a technical memorandum showing the results. 3. Work with IDEQ to obtain their acceptance of key concepts before reworking the S WPP. 4. After IDEQ buy-in, reorganize the SWPP for submittal and certification. iV. IMPACT A. Strategic Impact• This project is targeted at our mission requirements to support the needs of our growing community by providing a certified Source Water Protection Plan. This plan provides the foundation for ensuring that our groundwater resource is protected for future generations. Failure to protect the quality of our source water could have ,~ significant financial impacts for treatment or providing alterative water sources. B. ServiceJDelivery Impact: Pagc 2 of 4 The immediate impact of this work is that the City will, finally, have a state certified ~~ Source Water Protection Plan. This would not be the first in the state, but it would be the first in the State that provides alternative modeling and contaminant delineation from IDEQ's model. Meridian's leadership in that aspect would be significant. The efforts would result in a better groundwater model and better science. This may be significant as the Comprehensive Aquifer Management Plan (CAMP) effort will likely seek information and possible development of groundwater models. If that is that case, it is in the best interest of the City to ensure that the best available science is employed. Having a certified plan would make the City eligible for certain funding opportunities. Having a SWPP that does not overstate the vulnerability of the City's source water is important for consumer confidence. According to IDEQ's existing groundwater model, all of Meridian's wells are virtually guaranteed to be contaminated over time. If that is true, it might be appropriate information to share, but if not, it is a mechanism for spreading unreasonable fear. The best available science must be used to protect customers. This work ensures that best available science is used. C. FiscalImpact: .^~. Well Drilling Project Costs Original Contract'Price - $20,201.00 Change Order No. 1 $30,000.00 Final Project Costs $50,201.00 D. Project Funding Groundwater Master Planning $458,000.00 V ALTERNATIVES A. The City could abandon this effort. A state certified SWPP is not required at this time. Short term activities will not be affected. Water customers who have concerns about 1DEQ's vulnerability assessment of the City's water sources can speak to engineering or water operations staff about their concerns on a case by case basis; however, these staff would have no document that could be referenced to show an alternative to IDEA studies. Another drawback of this option is that an alternate groundwater model would not be available for CAMP or other efforts. B. The City could accept IDEQ's groundwater model and contamination delineations and ~ get a SWPP plan certified. This would save money and effort in the short term, however, it would result in a S WPP that city staff and the consultant strongly feel is not valid and serves only to misinform and scare the public. Page 3 of 4 '''~ VI. TIME CONSTRAINTS A. Estimated time for completion of these efforts is fall of 2010 with Council's approval of the change order. VII. LIST OF ATTACHMENTS A. Contract Change Order Form B. Email with Scope of Change. Order Work from consultant Approved for Council Agenda: ~ L, to Page 4 of 4 "~ CITY OF MERIDIAN Change Order No.: 1 33 EAST IDAHO Project Number: 781 MERIDIAN, ID 83642 Date: 4/1212010 Effective Date: CONTRACT CHANGE ORDER CONTRACTOR: Hydro Logic PROJECT: Source Water Protection Plan (SWPP) The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: 1. Consulting fees over the original task order amount due to significantly more coordination and rework efforts than was originally anticipated. 2. Develop a groundwater model for Meridian using an existing model developed for the West Boise area. Bring Meridian data into the existing model, run several iterations of the model, confirm reasonable output, and produce a technical memorandum showing the results. 3. Work with IDE(~ to obtain their acceptance of key concepts before reworking the SWPP. 4. After IDEA buy-in, reorganize the SWPP for submittal and certification. Reason for Change Order: After significant efforts to update our Source Water Protection Plan to achieve state certification, we have come to the realization that certiification will only be attainable if we either submit to a flawed model that over states the vulnerability of our water sources, or devlop our own model. This Change Order is to develop a model and perform other tasks to acheive state certification of our SWPP. Attachments: Consultants scope of work. CHANGE IN NTRA T PRICE: CHANGE IN CONTRA T TIME Original Contract Price: $20,201.00 Original Contract Completion Date: Ori final Contract Com letion Da s: Net changes from previous C.O :s.: Net Days change form previous C.O :s: No. 0 to 0 No. Q to 0 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $20,201.00 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $30,000.00 Contract Price with all Approved C.O :s: Contract Completion Date with all Approved C.O: s: $50,201.00 RECOMMENDED: (CONSTRUCTION MANAGE ACCEPTED (C NTRACTOR) By /O y By.. ~ „ t 3 • X410 Date /.3 Date: . APPROVED: (CITY PUR A / COUNCIL APPROVAL ``~~,~~ a ~~ii~r~~,i c ~II~W ~ %~~ By: Keith Watts Date: al - 2 3 - j d ~'~ '~ti ~'~,,~ Date. Y j~~ ~ z~~ @' C~' TF ; VE~ (CITY) ~' A- 4G ~ ATTEST: ~ Ti y l ~ °' By: ayor T~iy de Weerd By: City Clerk, Jaycee an M D te -- - °P Date: a7 2.c I ~ a : ~ ] O 1 '~ .. Page 1 of 2 n kyle Radek From': Ed Squires [edQhydrologicinc.netj Sent: Thursday, Rpril 01, 2010 6:01 PM To: Kyle Radek Subjlect: 4-1-2010 Meridian SWPP Change Order Request 1402 W. Franklin St. Boise, ID 83702 (208) 342-8349 .Fax: (208) 342-3100 Cell.: (208) 631-G781 Kyle, I am finally able to get back to you with a proposed scope of work and strategy for obtaining short-term state cer8fication of the City's SWPP. As we have discussed, the "nick point" is where the City does not have a numerical computer model with which to predict capture zone analysis for contaminant time-of- travel (TOT) predictions and mapping. The IDEA uses a simplistic 2-D model that in no way applies to the City's aquifer system. What is needed is a 3-D model capable of considering multiple layers-and multiple wells pumping at the same time. A third obstacle is that the DEQ staff charged with reviewing the SWPP does not have sufficient scientific understanding to portray our analyses to the technical folks that can understand it at IDEA (this is why they believe the best individuals to develop the City's SWPP are the pump operators). I have developed a proposed strategy that attempts to accomplish several goals so that we are sure to achieve some success no matter where this goes. Here is how I suggest we handle this. As I have indicated, we have already developed athree-dimensional numerical ground water model for a large part of the Treasure Valley including Meridian. The existing model focuses in detail on the west Boise/Eagle area but still has a realistic framework for Meridian in terms of aquifer layers, transmissivity, ^• storativity, etc. This model is far advanced to any existing computer model in existence for the Treasure Valley, particularly because it has realistic portrayal of the dipping aquifer, aquifer layers, canal and river leakage, domestic wells; land use, etc AND it is currently calibrated to steady state and transient conditions including three regional scale aquifer tests that the model can replicate. We already have all the Valleys municipal wells in the model and have assigned them to layers on a gross scale. HLI teamed with our associate Pacific Ground Water Group in Seattle to develop this model because they have extensive, nationally recognized modeling expertise which, coupled with our hydrogeologic understanding across the Valley is a formidable team. This model can be programmed to have the same level of detail in the Meridian area, without changing the detailed calibrated sections we have, for a long term predictive tool at an estimated total cost of about $100K. However, it is the use of the existing model for an order of magnitude less money, that I am discussing here as a means of modeling capture zones for the SWPP. Since our last discussion at the City (with DEQ on SWPP) we have looked at our existing model (as is) for a predictive tool that would give reasonable results that would not later be changed dramatically when the more detailed model is completed. We considered the distance to the current boundaries and believe these would not have to be modified at this time to run some simulations. What we want to see is how "Ground Water Vistas" ,the output software for the MODFLOW model, would be able to depict the coalescing cones of depression in a preliminary capture zone analysis. for Meridian. Distances from the Meridian wells to the general head boundary (GHB) of the model range from around 13,000 feet to 37,000 feet. This seems pretty far -groundwater would have to travel at about 3.5 it/d to get from the well closest to the boundary to the boundary itself within 10 years. It seems to us that we should be safe for the particles not reaching the GHB within 10 years, but the only way to find out is to try it: Row spacings in this portion of the model are around 2500 feet. Column spacings are around 1250 feet. For particle tracking, these rather large cells do not present a problem for groundwater flow directions (but this spacing would .get a lot smaller in the long-term model). What we want to do is run all the Meridian wells simukaneously, so we can get the picture of the coflective capture zones. ~.,~ Here is a stepwise approach and associated cost estimate of how we would approach the preliminary capture zone delineation. I would use a stepwise approach to make sure everything looks OK before going to the next step: 4/2/2010 Page 2 of 2 1. Confirm that the flow directions look OK in that corner of the model. Generate model output of vertical ~...~ head differences to make sure the existing model captures vertical gradients in this area. Decide if this is important. 2. Incorporate any changes that seem important. The most likely change is pumping rates for Meridian Wells and we probably will want to change local aquifer properties and rerun the model. We would not likely try to recalibrate the model to previous targets, just make the changes and look over the results to make sure they are OK. If warranted, we could make some additional changes and tweak the model to refine the output. 3. Run the model for the Meridian well closest to the boundary. Make sure the capture zone doesn't extend beyond the boundary. 4. Set the model up with particles around each Meridian Well. Run the particle tracking. Export the particle tracks and isolate each set to a given pumping well (this third task could be time consuming, given the multiple wells and the 3D nature of the capture zones 5. Produce a short technical memorandum showing the modeling results. 6. We would then approach the IDEA technical folks with the model-generated capture zones to get buy-in up front, before re-writing the SWPP. 7. Assuming we can get them on board (a likely scenario), we would move on to consolidating the SWPP into a cohesive and comprehensive document for submittal. I think this can be accomplished for about $15K, all in, if we can move through all phases with no show stoppers. r-. This would be in addition to what we have spent (our outstanding invoices) already (estimate about $10K) and we would be very judicious with the funding, hoping not to need it all. If the City would like us to proceed with this, I suggest we do a Change Order to Task Order No. 0781 in the amount of $30K. Thank you for asking our advice and for considering HLI for this project; we greatly appreciate that. If the City awards this work to HLI, we will ensure a useful product no matter what twists the road takes. Ed 4/2/2010 MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. 5H REQUEST• Task Order # 10148C for Thickened Waste Activated Sludcae (TWASI Pumgina and Centrate System Improvements Desian with SPF Water Enaineerina for anot-to-exceed amount of X62 500 00 SPF Water Enaineering holds a Master Agreement for Services over $25,000.00, dated Abril 13 2010 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: 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. ~' ~~i~E IDIAN~- ~L1~C IDAHO tJ Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, E.I.T. Staff Engineer DATE: April 16, 2010 Mayor Tammy de Weerd ahr eandt Merniee~s Keith Bird 8roid Hoaglun Charles Rountree Dwtd Zaremba SUBJECT: TASK ORDER #10148A FOR THICKENED 'WASTE ACTIVATED SLUDGE (TWAS) PUMPING AND CENTRATE SYSTEM IMPROVEMENTS DESIGN WITH SPF WATER ENGINEERING FOR A NOT TO EXCEED AMOUNT OF $62,500.00 (April 27, 2010 Consent Agenda) I. RECOMMENDED ACTION A. Move to: 1. Approve the Task Order with SPF Water Engineering, the most qualified firm to provide engineering services for'the Thickened Waste Activated Sludge (TWAS) Pumping and Centrate System Improvements Design, in an amount not to exceed $62,500.00; and 2. Authorize the Mayor to sign the agreement II. III. DEPARTMENT CONTACT PERSONS Roxanne Holland, Staff Engineer (Project Manager) Clint Dolsby, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works DESCRIPTION A. Background 489-0347 489-0341 489-0350 489-0372 Page 1 of 3 A recent engineering evaluation by SPF Water Engineering of the thickened waste activated sludge {TWAS) Pumping and Centrate Tank identified issues with both systems. The TWAS pumps are experiencing excessive vibration, reduced pumping capacity, and reduced hose life. The centrate pump station carves centrate from the centrifuge to the front end of the treatment plant to help reduce nutrient concentration prior to discharge. The system is not currently set up to allow adequate flow control by plant staff to equalize the nutrient loadings for additional treatment. The centrate holding tank was also found to have areas of corrosion. The Engineering Evaluation proposed several alternatives for both the TWAS pumps and the cenirate tank that will help alleviate some of the problems that are currently being experienced. B. Proposed Project The proposed design project will produce plans and specifications for the future construction of improvements, including mechanical, yard piping, electrical, and instra~mentation upgrades to the TWAS pumping and the centrate equalization ''~` systems. C. Consultant Selection SPF Water Engineering was chosen because the firm performed the initial engineering evaluation and Public Works staff are in agreement with the fmdings and solutions proposed in the technical memorandums that resulted from the evaluation. SPF Water Engineering was also recently chosen as a qualified firm to provide consultant services for WW Collection and Treatment Engineering and they hold a Master Agreement for services over $25,000. IV. IMPACT A. Strate~c Impact• This project supports the Public Works Mission and Vision for strategic growth. The proposed improvements are responsive, innovative, and increase operational efficiencies allowing for adequate control of flow in order to meet nutrient limits associated with the City's reuse permit and the nutrient limits that are anticipated to be imposed in the new National Pollutant Discharge Elimination System (NPDES) permit. B. Service/Deliverv Impact: Page 2 oj3 r~ The improvements will reduce the loading of nutrients in the wastewater effluent and therefore allow the City to stay within the total nitrogen limit imposed in the City's reuse permit and allow for the distribution of reclaimed water to end users. C. Fiscallmpacr Project Costs Consultant Agreement Total Cost Project Fundine 62 500 $62,500 TWAS Pumping and Centrate System Improvements (3590-96146) 62 500 Total Funding $62,500 V. ALTERNATIVES A. The City could defer these improvements to the TWAS pumping and centrate system. This alternative would greatly limit the ability to quickly adapt to changing NPDES permit limits and .run the risk of exceeding the existing limit ~ set in the reuse permit. B. City staff could experiment with the pump settings in an attempt to optimize pump performance, reduce vibration, and equalize centrate flows. This alternative would require staff to take considerable time from other scheduled duties and would not guarantee a favorable outcome. Consultants have specific expertise in wastewater treatment and have additional resources to complete the project in a significantly shorter time frame. VI. TIME CONSTRAINTS Council's approval will allow completion of design by June, 2010. Once this effort is completed, the bidding process can begin for construction of the improvements. VII. LIST OF ATTACHMENTS A. Task Order No. 10148a Approved for Council Agenda Fage 3 oj3 TASK ORDER NO. 1 ~148a CITY OF MERIDIAN (01NNERj AND SPF WATER ENGINEERING (ENGINEER) This Task Order is issued by Owner and- accepted by the Engineer pursuant to the mutual promises, covenant and conditions contained in the Master Agreement between the above named parties dated April 13, 2010. CITY OF MERIDIAN WASTEWATER TREATMENT PLANT TWAS Pumping and Centrate System Improvements Design ~ PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as engineering services to prepare construction bidding documents and provide construction services for improvements to the existing DAFT No. 2 TWAS pumping .system,. the Centrate equalization system, separation of the TWAS and primary sludge digester feed piping, and partial site grading, and paving. The Engineer's scope of services shall include the following subtasks. The subtasks below involve developing two separate project bid packages. One bid package will includethe mechanical, yard piping, electrical, and ins#rumentation upgrades for the TWAS pumping system, Centrate equalization system, and TWAS. and primary sludge digester feed piping modifications. The second bid package will include partial site grading and paving. Subtask 1. TWAS Pumping, Centrate System, TWAS and Primary Sludge Feed Separation. Based on recommendations outlined in the TWAS Pumping and Centrate- System engineering evaluations prepared by SPF, we will develop bidding documents (plans and specifications) for the improvements. The design documents will include the following improvements: • Yard piping necessary to separate primary sludge and TWAS feed to Digesters No. 4 and 5. • Modifications necessary in the Digester No. 1 and 2 piping to separate primary sludge and TWAS feed to Digesters No. 4 and 5. • Adding valves, flow meters, and piping within Digester No. 4 and 5 mechanical room to ,,...~ control and monitor sludge feed. • Improvements to the DAFT No. 2 TWAS pump station to minimize discharge pipe vibration, add suction piping manual air release and flushing provisions, add suction piping inlet pressure stabilizers, and add real-time pressure monitoring (suction and discharge) for both TWAS pumps. y, . „ • Improvements to the centrate equalization system and pump station will involve adding a ~"'h third pump in the existing pump sta#ion to allow controlled feed out of the centrate tank into the plant drain system. The plans and specffications will include mechanical, electrical, and instrumentation requirements necessary for competitive bidding purposes. Subtask 1 deliverables include: • 90 Percent Draft Design Documents for City Review • Final Design Documents for Bidding • Project As-Builts The anticipated schedule for Subtask 1 is: • Notice to proceed --April 27, 2010 • 90 percent review documents to City -May 25, 2010 • Final bidding documents -June 8, 2010 • Bidding period -June 8, 2010 through June 24, 2010 • Construction notice to proceed -July 8, 2010 • Construction -July through September Subtask 2. Site Grading and Paving. Prepare bidding documents (plans and speciiications)fnr grading and paving areas of the wastewater treatment plant site as generally shown on Exhibi# A. In general, site grading and paving activities will replace the existing crushed asphalt gravel roads. A site survey will be conducted for design purposes. Subtask 2 deliverables include: • 90 Pencent Draft Design Documents far City Review • Final Design Documents for Bidding • Project As-Builts The anticipated schedule for Subtask 2 is: • Notice to proceed --April 27, 2010 • Site survey -completed by May 11, 2010 • 90 percent review documents to City -June 8, 2010 • Final bidding documents --June 22, 2010 • Bidding period -June 22, 2010 through Juiy 15, 2010 • Construction notice to proceed -July 29, 2010 • Construction -August through September COMPENSATION The Not~o-Exceed amount for the engineering design and construction services to complete this Task Order No. 10148a is sixty two thousand five hundred dollars ($62,500.00). The hourly rate for services and direct expenses are per the Master Agreement, and by this reference "~' made a part herBOf. r~ CITY OF MERIDIAN ENGINEER BY: a%- ~ TAMMY ERD, MAYOR TIM RELL, MA AGER Dated: 5~/~.-r ~a o ra Dated: y~r - l ~ ~ 20/D U -7 << Approved by City Council: (~~ / ' f f1AE/~j~i~ ~:,~~~,' ~~pO~ ti. Attest: ~ ,~FT"'~cc~ ~ f r J E LM N, CLEBK AL = y ~ G~,~ ~~ 9 BLS -~ Approved s t ontent ~~~~'%,~ r is~ ~p~D`~iartment Approval BY: KEITH A , PUR H ING AGENT ~~ ~, 1 ~j}y E~~~ TITLE: ~1 Dated: ~ " Z 3 - ~ ~ Dated: ~~L~j6 MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. 5I REQUEST: Revised Task Order 10018C with CH2M Hill for Design and Construction Services for the Bittercreek Lift Station and Pipelines Rebid Project for aNot-to-Exceed Amount of $47,600.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: 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 Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. .. ~~i~E IDIAN~- Public ~ DA H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd DATE: March 29, 2010 Mayor Tammy de Weerd City Council Members: Keith Bird Brad lioaglun Charles Rountree David Zaremba SUBJECT: REVISED TASK ORDER 10018C WITH CH2M HILL FOR DESIGN AND CONSTRUCTION SERVICES FOR THE BITTERCREEK LIFT STATION AND PIPELINES REBID PROJECT FOR A NOT TO EXCEED AMOUNT OF $47,600.00 I. RECOMMENDED ACTION A. Move to: 1. Approve the Task order No. 10018C with CH2M Hill Consultants, to provide engineering services in support of the Rebid of the Bittercreek Lift Station and Pipelines project, for an amount not to exceed $47,600.00 in accordance with their Master Agreement dated January 1, 2007. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician II Clint Dolsby, Asst. City Engineer (Project Manager) Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works 489-0364 489-0341 489-0350 489-0372 Page 1 of 3 ~'`` III. DESCRIPTION A. Back ound The Bittercreek Lift Station and Pipelines Project will provide sewer services to the Bittercreek subdivision. This lift station is expandable to serve additional developments in the future and is located near the intersection of Amity Road and Ten Mile Road adjacent to the Bitter Creek development. The pipelines include new dual sanitary sewer force mains (6- and 10-inch diameter). B. Proposed Project The Bittercreek Lift Station and Pipelines Project is planned to be rebid as a City project. This proposed task order will revise the existing bid documents, plans, specifications and other items necessary for the rebid. Additionally, CH2M Hill will provide consulting services during the construction of this project and coordinate the development of record drawings. C. Consultant Selection CH2M HILL has been the engineer of record for this project since it was conceived in 2005. We recommend the consultant, CH2M Hill, be retained for ~^ this project due to the quality of the work they have completed on this project from its inception. It would not be cost effective to consider another consultant at this time. IV. IMPACT A. Strategic Impact: This activity aligns with the city's decision to extend services to the South Meridian area and the department's mission of providing modern and reliable facilities. B. Service/Delivery Impact: Currently, the Bittercreek Subdivision utilizes sewer lagoons for wastewater treatment that were conditionally approved by the Idaho Department of Environmental Quality for use until such time that sewer services were available. The completion of the Bittercreek Lift Station and Pipelines Project will provide City sewer services to the Bittercreek Subdivision. Page 2 of 3 C. Fiscal Impact: Project Costs Consultant Agreement Time and Materials Not-to-exceed 47 600 Total Project Costs Not-to-exceed $47,600 Project Funding Project will be funded from lift station construction (3590-96144) 47 600 Total Funding Required Not-to-exceed $47,600 CH2M Hill is currently under contract to provide consulting services for the Bittercreek Lift Station and Pipelines Project construction. That contract will be closed, and the (approximately) $20,000 remaining will be applied to the not to exceed amount of $47,600. This results in a net gain of $27,600 for the professional services necessary to accomplish the final portion of this project for the City. V. ALTERNATIVES A. The City could defer this task order which would likely result in delays in completing the required design revisions and will ultimately delay the commencement of construction. This would cause the City to be in default of the agreement to provide service to the Bittercreek Subdivision. VI. TIME CONSTRAINTS Council's approval should allow completion, including construction, of this project by December, 2010. VII. LIST OF ATTACHMENTS A. Consultant Agreement -Task order 10018C Approved for Council Agenda: at Page 3 of 3 CH2M HILL CH2MHILL (~irE IDIAN~ 322 East Front Strete Suite 200 Boise, ID 83702 Tel 208.345.5310 Fax 208.345.5315 PURCHASING AGENT 33 E. Broadway Ave, Meridian, ID 83642 Phone: (208) 888-4433 x 417 Fax: (208) 887-4813 TASK ORDER NO. 10018C Between CITY OF MERIDIAN AND CH2M HILL 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 April 13, 2010. Bitter Creek Lift Station and Pipelines Project Contract Extension for Contract Document Revisions and Services During Construction For Construction Re-bidding Task Order 10018C Project Understanding CH2M HILL will provide revisions to the contract documents and perform additional services during construction in support of the Bitter Creek Lift Station and Pipelines project. The revised scope of services described below is in response to the City's re-bidding effort for the remaining construction work associated with this project. PAGE t OF 6 The wastewater lift station is located near the intersection of Amity and Linder Roads adjacent to the Bitter Creek development. The pipelines include new dual sanitary sewer force mains (6- and 10-inch diameter) and a new 16-inch potable water main. The dual sanitary sewer force mains originate at the new lift station, run north to Amity Road, thence east along Amity Road to the intersection with W. Ten Mile Road, thence north along W. Ten Mile Road to terminate at the connection to that portion of force main previously constructed by the original contractor (south side of W. Victory Lane) for a total combined length of approximately Z.1-miles. The potable water main originates by the W. Amity Road and S. Nickel Creek Place intersection, run east along Amity Road to the intersection with W. Ten Mile Road, thence north along W. Ten Mile Road to terminate near the new Overland Road re-alignment (new intersection for the Southridge development) for a total length of approximately 2.1-miles. As discussed with the City, construction of the waterline is contingent upon decisions by JLJ Enterprises and is to be treated as a bid alternative. The total estimated contract compensation for the Scope of Work described below will amend, and effectively replace, the remaining compensation value under the original contract (10018), Amendment 1 (10018A), and Amendment 2 (10018B) as previously authorized based on the date of execution of this amendment. Scope of Work _~ CH2M HILL will perform the tasks for contract document revisions and services during construction in support of the Bitter Creek Lift Station and Pipelines project as outlined below. Task 1-Contract Document Revisions Task Description: • Incorporate Requests for Information (RFIs) and Work Change Directives (WCDs) from previous bid and construction period into contract plans and specifications. • Revise plans and specifications to reflect work completed under previous contract. Include materials purchased by City to be installed by contractor. • Revise plans to provide water services for adjacent land owners. Add water service details. City to coordinate with land owners and provide CH2M HILL with locations and sizes of water services. • Collaborate with City to revise specifications to reflect aCity-managed bid and construction project. • Include City-provided storm water specification section. • Modify bid tab to reflect itemized line item bidding. (City to provide format) • Revise plans and specifications to reflect water line construction as a bid alternate. PAGE 2 OF 6 MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. 5M REQUEST: Approval of 2010-201 1 Beer, Wine, and Liquor Renewal Applications AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached J ~p~ P Date: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: Beer, Wine & Liquor License Renewals for 2010-2011 Approval by City Council. on April 27th. 2010 DBA LOCATION B/W/L Chili's / On the Border r 3004 N. Eagle Road B/W/L Pier 49 Pizza r 3665 E Overland Rd. B Harrys Meridian Grill r 2032 E. Overland Rd. B/W/L Ricks Press Room r 130 E. Idaho St. B/W A New Vintage Wine Shop 1400 N. Eagle Rd. #104 B/W El Tenampa r 906 N. Main St. B/W Qdoba Mexican Grill #473 r 3068 Overland Rd. B/W Qdoba Mexican Grill #474 r 3319 N. Eagle. Rd. B/W Firehouse Group/Bulls Head Station r 1441 Eagle Rd. B/W/L Bill n' Lynn's Place 229 W. Franklin Rd. B/W/L Firehouse Pub & Grill r 1767 W. Franklin #180 B/W Rite Aid #5412 1600 N. Main St. B/W Jacksons # 1 412 E. Fairview Ave. B/W Jacksons #11 1585 S. Meridian Rd. B/W Jacksons #35 522 Cherry Lane B/W Jacksons #56 66 E. State St. B/W Jacksons #97 3100 Magic View Dr. B/W Jacksons #98 1950 E. Fairview Ave. B/W Jacksons #99 180 E. Central Dr. B/W Jacksons #105 3291 E. Pine St. B/W Jacksons # 118 1625 W. Franklin Rd. B/W Jacksons #140 3010 Goldstone Dr. B/W Red Robin r 1475 N. Eagle Rd. B/W/L Walgreens # 06200 1570 E. Fairview Ave. B/W Walgreens # 10197 3150 W. Cherry Ln. B/W Walgreens # 10604 1625 S. Meridian Rd. B/W Walgreens # 11452 3263 N. Eagle Rd. B/W Walgreens # 11687 4850 N. Linder Ave. B/W Cafe Indigo/Courtyard by Marriott r 1789 Eagle Rd. B/W/L Meridian Mulligans r 601 S. Main St. B/W/L Siam Thai r 2951 E. Overland Rd. B/W Fusion Asian Grill r 3161 E. Fairview Ave. B/W Tobacco Connection 450 S. Meridian Rd. B/W Legacy Feed and Fuel 3100 S. Meridian Rd. B/W Jakers of Meridian r 3268 E. Pine Ave. B/W/L Pizza Hut #2165 r 675 S. Progress B Pizza Hut #2166 r 1752 W. Cherry Lane B Corkscrews Wine Shop & Pub 729 N. Main St. B/W Executive Summary City of Meridian Parks & Recreation is the applicant fora 60-acre park site being developed and donated to them by the Kleiner Memorial Park Trust. The park is located near the northeast corner of the Fairview Avenue/SH-55 intersection, immediately east of the proposed CenterCal property. From a transportation standpoint, the Park as proposed by the applicant does not extend and connect three roads that have been stubbed by previous development for extension and connectivity. The challenge before the ACRD Commission for this application is weighing the benefits of connectivity (reduced travel on busy arterial roads and intersections and improved emergency response time) with the concerns of the existing neighborhoods (the potential for increased traffic on older, narrower roads). There is reluctance on the part of the applicant to do any significant revisions to the site plan. This application is also unusual in that as a Certificate of Zoning Compliance application, ACHD is only a recommending body to the City of Meridian, who is coincidentally also the applicant. As this is not a plat, and the City did not include a requirement to comply with ACHD conditions of approval, Meridian Parks & Recreation is not required to follow any recommendations of the ACHD Commission for this proposed Park. However, no work can move forward within the ACRD right-of-way without construction plans and permits being approved by ACHD. Another interesting issue is the dedication and construction of Records Avenue adjacent to the west side of the Park. Through a previous City of Meridian development agreement with CenterCal, the property owner to the west, the Records Avenue alignment was shifted westerly such that the majority of the road will be constructed on CenterCal property; and the entire road (excluding sidewalk along the Park) is to be built by CenterCal when they develop. The applicant is only proposing to construct a portion of Records Avenue from Fairview Avenue to the Park entrance near their south property line. ACHD must have assurances that the remainder of Records Avenue will be constructed when the adjacent western property develops, regardless of ownership. Options addressed herein regarding connectivity include extending one or more public roads through the Park, extending one or more public roads to the interior Park roads for pedestrian and emergency access only, or some combination thereof. Attachments (located at end of report) 1. Request Letter for Waiver & Modification of Policy for Applicant 2. Public Hearing Notice for ACHD 3. Letter from ACHD Commission to City of Meridian 4. Letter from City of Meridian to ACHD requesting waiver of impact fees 5. Letter from Kleiner Memorial Park Trust requesting waiver of all ACRD fees 6. E-mail from Joe Silva (Meridian Fire) regarding emergency access 2 Kleiner Park MCZC-10-012 A JULIUS M. KLEINER MEMORIAL PARK E~~ ~.f~ AOA Ct?UNTY 81TE 1IICINITY IYIAP MERIDIAN, IDAHO FIGURE 1 Kleiner Park MCZC-10-012 Vicinity Map showing Local Streets Kleiner Park MCZC-10-012 Kleiner Park MCZC-10-012 N ~'IC~UR~ Z - PRQRO~~lQ SITE OE1/~i.QPMENT ~, PARK SITE PLAN -NORTHERN PARK SITE PLAN -SOUTHERN Kleiner Park MCZC-10-012 • On April 12, 2010, ACHD sent a notice of Public Hearing to property owners in the surrounding area. ACHD is aware that the neighborhood is concerned about the extension of existing stub streets. ACHD is a recommending body to the City of Meridian on this application. Typically, the City of Meridian requires CZC applicants to comply with ACHD requirements by specifically noting in their Conditions of Approval to comply with ACRD requirements". The City did not include that requirement for the Park in their action for the CZC. Relevant Conditions of Approval from the City include: o The applicant shall pay any applicable impact fees prior to the issuance of a building permit. ACRD staff comment -ACHD also assesses impact fees for parks, based on the acreage. Impact fees will also be assessed with the library, recreation center and senior center, but not other uses related to the Park, such as (but not limited to) restrooms, maintenance building and band shell. o If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Department for approval prior to issuance of the building permit. o The approved site plan and landscape plan shall not be altered without prior written approval of the City of Meridian Planning Department. 3. Records Avenue -Collector Designation and Requirements a. On December 14, 2005, ACRD adopted a collector road network map (see below) for the undeveloped land located between Venture Drive and SH-55 (east to west) and between Ustick Road and Fairview Avenue (north to south). This included the connection of Allys Way, from Ustick Road to Records Avenue, intersecting Fairview Avenue; and also included River Valley Road, the east-west collector roadway from Records to SH-55. b. Records Avenue is also designated as a future collector on the Master Streets Map. The Map was adopted by ACRD in January 2010, as a part of the Transportation Land Use Integration Plan (TLIP). c. The intersection of Records Avenue and Fairview Avenue is signalized and provides access to the large commercial site located on the south side of Fairview Avenue. 11 Kleiner Park MCZC-10-012 d. In the comments sent to the City of Meridian in 2007 and 2008 regarding the annexation and rezone of the 258 acres that included the Park site, the following was stated regarding Records Avenue. This roadway has been identified as a future collector roadway, and the District will require the developer to dedicate right-of--way and construct Records Avenue through the entire site, and work with the property owners fo the north to connect to the recently constructed Allys Way, that intersects Ustick Road at a signalized intersection. The connection to Allys Way is critical to the vehicular circulation within this area. This roadway will provide a parallel and alternative route to Eagle Road, and will also provide residents in the area the opportunity to access retail and shopping without using the arterial or state highway system. The applicant does not control the property that will enable the connection of Allys Way to Records Avenue, but the connection should be a requirement of this development. ACHD, the City of Meridian, and the developer should work with adjacent property owners to achieve the necessary right-of--way dedication. e. In the DA with CenterCal (November 2008) the City required that the "Owner/Developer shall dedicate right-of--way and improve the extension of Records Road and E. River Valley Street in accordance with ACHD requirements at such time as Owner/Developer develops the portion of the project adjacent to each road, except that the Owner/Developer shall not be responsible for improving the extension of these roads or the utilities (herein if such improvements are accomplished by or through agreement with an adjacent landowner. No certificate of occupancy shall be issued until the road improvements are substantially completed and functional for That phase. In the event that Records Road extends from Fairview Avenue to Ustick Avenue, the timing with regard to constructing E. River Valley maybe re-evaluated by the City Council. Additionally, Owner/Developer shall make such right-of--way available immediately (but without improvements) at any time the City and/or ACHD is willing to accept the right-of-way, such as if an adjacent property owner makes required improvements. Such right-of--way as required herein shall be conveyed by Owner/Developer in the form of a deed to either the City or such other jurisdictional agency upon the request of the City. No compensation shall be required from City or ACHD for such right-of--way unless permitted through the STARs legislation, Idaho Code 63-3641 as amended. " f. The Owner's development agreement with the City did not require improvements to Records Avenue along the Park frontage. 12 Kleiner Park MCZC-10-012 13 Kleiner Park MCZC-10-012 --~. i ~ _„--i---..7. i C __,_,., i ( C ~ ._. _ J .--- -.._~ r.... _.. y ~ y 1 -- ... _.. ________ ~ 4 ___ __ ~.._..,.._.__.. i ! t 1 _._. ~ ~ ~...__._.._ ._..~ ~~ti-.._._._. i 1 f ~ 1 t ` M a ~ . ___.--- -- ~ ~ . _.._ ._.`~ ~ . _.._ __.._. o. ~ ~__.~1~~_ ,: ____-_~- _ -- - _ _-- -T~ 4 ~~ a ~ yam- ---:~~ o.~,~ C ;~ ~- -~ ` t .~ ~~ ~: ~ 1 ' '~- ~ `, ~~ 4 ~~ i~ .•~. ,~ aX , ~, °~ii~ r' ~ - ~ ~ ~~ ~ ~. ~' ~r ~ ~ ~~~ ~ ~~ ~ ~~ W `~ ,~ ~ _~ ~~` a 1 ...,i ~_ fib: t ~ '~: j - ~ ~ ~ -~ ~ i W ~ _ - ~ _ ___---__.-- -_ _= 4 ~ ~- . ~ , ~~ ~ a I ~ J ~ i i ~ I ~ ~ j I "_"_ ~ t1 a '. ~ ~ ~t J 7 4 / `` -- ___ ~. L _~ r Il ~ __ _._ i j{/ ~.._..~ i i ~Z ~ r i ,~ e • 14 Kleiner Park MCZC-10-012 4. Records Avenue -Off-Site Right-of-Way Dedication and Improvements The applicant does not currently have public street access to the site except from the three streets that are stubbed to the site (Tweedbrook Avenue, Green Meadow Drive, Meadow Wood Drive) and to Venture Street. The applicant is proposing to extend Records Avenue as a public street from Fairview Avenue up to the main entrance of the Park to provide access to the site. Based on the Traffic Impact Study submitted by Parametrix, the Owner's consultant, the Park (with library and senior center) is expected to generate approximately 1,040 vehicle trips per day, with slightly higher trips expected on Saturdays. While there will be limited access to Venture Street, the majority of the site trafi=tc will access the site at the Records/Fairview intersection. a. Applicant's Proposal for Off-Site Right-of-Way Dedication and Improvements • The applicant has stated that they are working with the two adjacent property owners to obtain the right-of-way south of the site to the signalized intersection at Fairview Avenue. The property owner to the east of the Records Avenue extension is Kleiner Family Trust; related to, but not affiliated with the Kleiner Memorial Park Trust, current owner of the Park property. The property owner to the west of the extension is CenterCal, the applicant for the original annexation and rezone in 2007. • The applicant is proposing to partially construct Records Avenue from Fairview Avenue to Park Lane. • The applicant is proposing to construct the southerly offsite segment of Records Avenue from Fairview Avenue to the north for approximately 350-feet, with 30-feet of pavement, 3-foot wide gravel shoulders and a barrow ditch on each side of the road, with a detached 6-foot wide sidewalk on the east side of the road. • The applicant is proposing to construct the northerly offsite segment of Records Avenue from 350-feet north of Fairview Avenue to the proposed Park Lane (approximately 400-feet in length) with 26-feet of pavement with a 3-foot wide gravel should and barrow ditch on the west side of the road, and vertical curb and gutter on the east side. The applicant is also proposing a 10-foot wide landscape strip with a 5-foot wide detached concrete sidewalk on the east side. 15 Kleiner Park MCZC-10-012 b. Staff Recommendation for Off-Site Right-of-Way Dedication and Improvements • The applicant should be required to dedicate to ACHD the necessary right-of-way to extend Records Avenue to the Park, prior to issuance of Plans Acceptance and prior to issuance of any permits to work in the ACRD right-of-way or future right-of-way. The applicant should be required to provide ACHD with: the legal descriptions for the right-of-way; written approval from the property owners stating that they are willing to sign a Warranty Deed to ACRD; and the necessary ownership information and contact information for those parcels. After that information has been provided, ACHD will prepare the Warranty Deeds for signature by the property owners and will then record the documents. • Due to the high volumes of pedestrian and bicycle traffic that will be generated by this site, non-vehicular improvements should also be required to be constructed off-site for both northbound and southbound travel. Sidewalk on one side of Records Avenue would be sufficient, but bike lanes are necessary on both sides of the road. • From Fairview Avenue to the southerly property line of the Park (Park Lane), the applicant should be required to improve Records Avenue with a minimum 30-feet of pavement to provide for two 11- foot travel lanes and two 4-foot wide bike lanes. On both sides of the road the applicant should install a 3-foot wide gravel shoulder with a barrow ditch; and should construct a minimum 5-foot wide sidewalk on the east side. The applicant should work with the property owner to locate the sidewalk in its ultimate location. The applicant should be required to widen Records Avenue at the Fairview Avenue intersection to provide for 4-travel lanes plus bike lanes as shown in the mark-up below. The pedestrian ramps on the north side of the intersection may require modification, and the applicant will also be required to relocate/modify any signal equipment necessary for the widening. 16 Kleiner Park MCZC-10-012 Print Preview __. Page I of 1 httpJ/gisJOnPointWebsite/WebPages/paint/PrintPreviewPage.aspx 3CI O/2010 5. Records Avenue -Right-of-Way Dedication and Improvements Adjacent to the Site a. Applicant's Proposal for Right-of-Way Dedication and Improvements Adjacent to the Site/Request for Modification and Waiver of Policy • The applicant has stated that they are working with the adjacent property owner (CenterCal) to obtain the right-of-way for the extension of Records Avenue from Park Lane to the north property line of the site. • The applicant is proposing to construct the main access to the site off of Records Avenue located approximately 250-feet north of the proposed Park Lane. The curb return driveway is proposed to be approximately 50-feet wide to accommodate two out-bound lanes, a center island and one in-bound lane. 17 Kleiner Park MCZC-10-012 • The applicant is proposing to construct a portion of Records Avenue adjacent to the site from the proposed Park Lane to the main access to the site, a 250-foot long segment. • The applicant is not proposing to construct Records Avenue abutting the site, north of the proposed main access, but is proposing to dedicate 35-feet of right-of-way and construct a 5-foot wide detached concrete sidewalk. The landscape plan indicates that the applicant is proposing to plant street trees within a landscape strip that will be located between the sidewalk and future roadway. • As proposed by the applicant, CenterCal will dedicate the additional right-of-way and construct Records Drive when that parcel develops. • The applicant is proposing to construct a 30-foot wide curb return driveway for future access to Records Avenue, located approximately 400-feet south of the north property line. b. ACHD Policy for the Construction of Planned Streets • In accordance with the 2005 ACHD action designating Records Avenue as a future collector, the applicant should be required to dedicate right-of-way and improve Records Avenue adjacent to the site. • Records Avenue should be constructed as a 3-lane collector roadway, with a 46-foot street section to accommodate 3-travel lanes and on-street bike lanes, with vertical curb, gutter, and 7-foot wide attached or 5-foot wide detached concrete sidewalks, within 70-feet of right-of-way. • The applicant is required to construct Records Avenue adjacent to the site as a one-half street section with a minimum of 24-feet of pavement, and curb, gutter and sidewalk on the east side and a a- foot wide gravel shoulder with a barrow ditch on the west side. The applicant is required to dedicate the necessary right-of-way for the improvements. c. Staff Recommendation for Right-of-Way Dedication and Improvements Adjacent to the Site • The applicant should be required to dedicate to ACHD the necessary right-of-way to extend Records Avenue adjacent to the Park, prior to issuance of Plans Acceptance and prior to issuance of any permits to work in the ACHD right-of-way or future right-of- way. The applicant should provide ACHD with: the legal descriptions for the right-of-way; written approval from the property owner stating that they are willing to sign a Warranty Deed to ACHD; and the necessary ownership information and contact information for those parcels. After that information has been 18 Kleiner Park MCZC-10-012 provided, ACHD will prepare the Warranty Deeds for signature by the property owner and will then record the documents. The main access location and width are approved as proposed. The northerly driveway location and width are approved as proposed. The applicant indicates that the CenterCal developer will dedicate the additional right-of-way and construct full street improvements for Records Avenue when that site develops, and that is the basis of the waiver request. o ACHD does not have an agreement with any property owner to dedicate or construct Records Avenue. o The applicant would normally be required to provide a financial surety to ensure the future construction of the roadway. Since the applicant is the City of Meridian, staff recommends an alternative to the standard requirement for a financial surety. ^ Prior to plans acceptance, the City of Meridian should be required to enter into a written agreement with ACRD regarding the future construction of Records Avenue north of the Park entrance. In lieu of providing a financial surety, the City should be required to ensure that the segment of Records Avenue north of the proposed Park Lane, will be built by others; or, that the City will construct the road at such time that Allys Avenue is extended from the its current terminus to the north property line of the Park, or River Valley Drive is extended to the site from SH- 55 (Eagle Road), whichever comes first. If the Commission waives the requirement to construct Records Avenue north of the main access, trees and landscaping should be prohibited within the 10-foot wide landscape strip between the sidewalk and future curb. Unless the landscape strip is delineated by curb and gutter on one side and sidewalk on the other, the trees would likely require removal when the road is constructed in the future. 19 Kleiner Park MCZC-10-012 6. Extension of Stub Streets, Emergency Access and Turnarounds The applicant is not proposing to extend stub streets into the site, but is proposing to construct ahammer-head type turnaround at the terminus of Green Meadow Drive, located on the Park property, and at the terminus of Meadow Wood Drive located within the existing unopened ACHD right-of- way. No changes are proposed to the Tweedbrook Avenue stub street from the north, and no emergency access is provided to or through the Park to any of the streets. The applicant is proposing only pedestrian and bicycle access from the Park to the existing stub streets. a. Tweedbrook Avenue (Redfeather Estates Sub #6) In 2006 ACHD and the City of Meridian required the developer of Redfeather Estates Sub #6 to construct a stub street to the undeveloped parcel to the south -what is now the proposed Park. The developer was required to construct full street improvements for approximately 100' from Tahiti Drive to the south property line for the future extension and connectivity of the local streets. Tweedbrook Avenue is constructed as a 36-foot street section with curb, gutter and sidewalk, consistent with the other street improvements within Redfeather Estates, and is gated at the Park property line. 20 Kleiner Park MCZC-10-012 b. Other Redfeather Estates stub streets • In 2006 ACHD required the developer of Redfeather Estates Sub #7 to construct Tahiti Drive as a stub street to the west property line. When Allys Avenue is extended south of its current terminus, through development, Tahiti Drive is planned to connect to that collector roadway. This connection wilt provide access to the future River Valley Street, to the signalized intersection of Allys Avenue/Ustick Road, to Records Avenue (and the adjacent land uses -Park and commercial/shopping center), and to the signalized intersection of Records Avenue/Fairview Avenue. • Also as a requirement of Redfeather Estates Sub #7, ACRD required the connection of an existing stub street, Duane Drive, to the streets within the proposed subdivision. Ultimately it was decided by the Commission that the road would be gated at the property line to allow emergency access only, and that the gate could be removed in the future. ACHD staff has been contacted by the City of Meridian recently with concerns regarding the potential delay in response time due to the locking mechanism and manual opening of the gate. c. Clover Meadows Drive and Sharon Drive/Clover Meadows Subdivision Clover Meadows Drive intersects Cloverdale Road at the east property line of the subdivision. Clover Meadows Drive is the only access to Cloverdale Meadows Subdivision #1, #2 and #3, and was platted in 1968. The roadway serves a total of 54 single family dwellings. The lots within the subdivision are approximately 1-acre in size and are zoned R-1 in Ada County. The parcels east of Sharon Drive are in Boise City's Area of Impact and are designated as Low Density Residential (up to 4 dwelling units/acre) on the Future Land Use Map in the City's Comprehensive Plan. The parcels west of Sharon Drive are in Meridian's Area of Impact and are designated as Low Density Residential (up to 3 dwelling units/acre) on the Future Land Use Map in the City's Comprehensive Plan. Clover Meadows Drive is improved with 23 to 24-feet of pavement, with no curb, gutter or sidewalk. On-street parking is allowed. Sharon Drive intersects Clover Meadows Drive and extends north south to Green Meadow Drive and Meadow Wood Drive. Sharon Drive is improved with 23 to 24-feet of pavement, with no curb, gutter or sidewalk. On-street parking is allowed 21 Kleiner Park MCZC-10-012 d. Green Meadow Drive (Clover Meadows Sub #2) • Green Meadow Drive was constructed as a stub street to the east property line of the Park parcel as part of Clover Meadows Subdivision #2 that platted in 1970. • Green Meadow Drive is improved with 23 to 24-feet of pavement, with no curb, gutter or sidewalk. On-street parking is allowed. e. Meadow Wood Drive (Clover Meadows Sub #3) • Meadow Wood Drive, the southerly stub street was constructed as a stub street to the east property line of the Park parcel as part of Clover Meadows Subdivision #3 that platted in 1971. • Meadow Wood Drive is improved with 23 to 24-feet of pavement, with no curb, gutter or sidewalk. On-street parking is allowed. f. ACHD Right-of-Way (Unopened/Unnamed -Clover Meadows Sub #2 and #3) • There is an unopened 30-foot wide right-of-way located along the west property line of Clover Meadows Subdivision #2 and #3 (adjacent to the east property line of the Park). • The right-of-way platted with the subdivision allows for the eventual continuation and extension of the streets to provide connectivity and secondary access for emergency services. • Some of the adjacent property owners use the unopened right-of- way for storage of vehicles, and a small shed/storage structure has been constructed in the right-of-way. • ACRD has been contacted by adjacent property owners inquiring about the process to vacate the right-of-way. g. Emergency Access Comments • This area is served by both the Boise Fire Department and Meridian Fire Department. • Joe Silva, Meridian Fire Department provided comments via a-mail to ACHD (see attached). The a-mail states that Meridian Fire is not requiring the extension of Green Meadow Drive or Meadow Wood Drive into the site because there are less than 50 homes that access Clover Meadows Drive and the subdivision is greater than 30 years old. o It should be noted that ACHD staff counted 54 existing homes, not 48 as referenced in Mr. Silva's a-mail. 22 Kleiner Park MCZC-10-012 • The applicable section of the Meridian Fire Department amendments to the International Fire Code reads: o IFC section D107.1 One- Or Two-Family Dwelling Residential Developments shall be amended to read as follows: Developments of one- ortwo-family dwellings where the number of dwelling units exceeds fifty (50) shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of section D104.3. Exceptions: ^ 1. Where there are more than 50 dwelling units on a single public or private apparatus access road and all dwelling units are equipped throughout with approved automatic sprinkler systems, in accordance with section 903.3.1.1, 903.3.1.2 or 903.3.1.3, access from two directions shall not be required. ^ 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. (Ord. 08-1357, 4-22-2008, eff. 4-22-2008) Since the Clover Meadows Subdivision already exceeds the maximum number of homes allowed by the City of Meridian Fire Code on one access, it is uncertain as to whether the City of Meridian or the City of Boise would or could allow any additional building permits within the subdivision. The Boise Fire Department and Ada County Emergency Services have not yet provided comment (as of 4-19-10). Staff has requested their input on emergency access to the Clover Meadows Subdivision and particularly the proposed lack of secondary access. Clover Meadows Subdivision includes 54 single family residential homes and has one single point of access. Access to the subdivision is from Cloverdale Road via Clover Meadows Drive. The length of the streets exceed % mile in length as measured from Cloverdale Road to the west terminus of both Green Meadow Drive and Meadow Wood Drive. This subdivision does not meet current ACRD, City of Meridian or City of Boise standards for new developments with a single point of access. o Emergency access connection to this subdivision from the Park would improve the safety of the residents in the event there is an emergency and access to the subdivision through Clover Meadows Drive is obstructed for any reason, including an accident, parked cars on the narrow roadway or other eventuality. 23 Kleiner Park MCZC-10-012 h. Benefits of Connectivity • Reduces miles traveled on arterial roadways and eliminates the need to travel on high volume roads and through congested signalized intersections. o For example, without connectivity as shown on the Allys/Records map above, a resident on Meadow Wood Drive traveling to the commercial center at Ustick and Eagle will have to turn left on Cloverdale Road and travel for %2 mile, turn left on Ustick Road for % mile to Allys Avenue. With (future) connectivity the resident could travel north and west through the adjacent neighborhood to Allys Avenue; or west through the Park to Records Avenue continuing on to Allys Avenue; and then north on Allys Avenue for approximately %2 mile. That is one of many examples. o Other commercial destinations include the Fairview/Eagle intersection where there is a shopping center at the southeast corner, and several restaurants and retail at the southwest corner. o When CenterCal is constructed, approximately'/ mile west of Clover Meadows Subdivision, residents on Meadow Wood will have to drive approximately 3 miles round trip on public streets to reach that commercial destination or the Park, the subject application. • Air Quality impacts are lessened with a reduction in vehicle miles traveled. • Emergency response time is significantly improved. • Service Providers such as garbage, mail, school bus, etc... can save time and miles traveled. • Adjacent neighborhoods and nearby amenities and services can be accessed without adding traffic to the arterial roadway network for neighborhood trips. i. ACHD Policy • Right-of-way adjacent to a development is typically required to be improved or vacated. • 7203.5.2 -Continuation of Streets -Existing Adjacent Development: An existing street, or a street in an approved preliminary plat, which ends at a boundary of a proposed development shall be extended in that development. The extension shall include provisions for continuation of storm drainage facilities. • 7205.2.1 -Non-Continuous Streets (Dead End Streets, Cul-de-sac Streets) -Local Streets - Cul-de-sacs: o ...The maximum number of expected trips per day generated by those properties taking access from an individual cul-de-sac shall not exceed 400. 24 Kleiner Park MCZC-10-012 o The District will consider alternative to the standard (circular) turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the agency providing emergency fire service for the area where the development is located. o T-type (hammer-head) turnarounds will be allowed at the ends of local streets where the site configuration or other demonstrated constraints exist to prevent the use of a typical circular turnaround. The minimum measurements of the T- type turnaround shall be sufficient to provide a minimum curb radius of 18-feet at any change of direction of the curb line. j. Staff Comments for Extension of Stub Streets a. Staff met with the applicant's representative on several occasions, beginning in early 2009. These "pre-application" type meetings included discussion of the potential requirement to extend some/all of the roadways that are stubbed to the Park. b. The City of Meridian, through the modification to the Park DA, has prohibited the extension of the stub streets into the site; however, the streets are under the jurisdiction of ACRD. c. Due to the size of the lots in Clover Meadows Subdivision, and the future land use classification Low Density Residential (3-4 dwelling units/acre), there is a potential for redevelopment in this area, similar to the zoning and lot sizes of adjacent properties. Decisions made with this application regarding stub streets and emergency access could severely limit and/or negatively impact the future ability to redevelop properties in this subdivision (similar to redevelopment of rural areas in Southwest Boise). d. Regardless of the Commission's action to require or not require the extension of stub streets, all existing rights-of-way and street improvements should be left in place. It would be short-sighted to eliminate connections that may be necessary in the future, at a minimum for emergency access. e. The applicant has received approval from the Meridian Fire Department for the size of the hammer-head type turnarounds at the terminus of Green Meadow Drive and Meadow Wood Drive - a non-standard dimension. Because this area is also served by the Boise Fire Department, their approval is also required. 25 Kleiner Park MCZC-10-012 Parking on the stub streets and in the turnarounds may become a problem if people accessing the Park drive to the property line of the site to park their vehicle in lieu of traveling on the arterial roadways. Tweedbrook Avenue was constructed to a width that includes parking lanes. However, as noted above Green Meadow Drive and Meadow Wood Drive have approximately 24-feet of pavement and parking is not currently restricted. k. Staff Recommendation for Extension of Stub Streets, Emergency Access and Unopened Right-of-Way a. Unless the Commission requires improvements within the unopened right-of-way (per the section below), staff recommends a modification of policy to not improve the unopened right-of-way as a public street, and to not require the vacation of the right-of-way. b. Staff has developed a list of options related to connectivity and emergency access and recommends that the Commission require the applicant to, at a minimum, construct one of the options listed below. a. Extend Tweedbrook Avenue to connect to Green Meadow Drive; and construct an emergency turnaround at the terminus of Meadow Wood Drive. (This option provides connectivity to all of the surrounding subdivisions.) b. Do not extend Tweedbrook Avenue. Connect Meadow Wood Drive with a new north-south emergency access connection located within the unopened right-of-way and extend to the proposed maintenance road within the Park. Improve the maintenance road to emergency access standards out to Venture Street. c. Do not extend the stub streets but provide emergency and pedestrian/bicycle access only from the Park to Green Meadow Drive and/or from Meadow Wood Drive; and provide pedestrian/bicycle access only from Tweedbrook Avenue. Emergency connections could potentially utilize removable bollards and grass-Crete. d. If the Commission does not require one of the options above (a, b, or c), at a minimum the Commission should require the applicant to sign the roads within the Clover Meadows Subdivision for "NO PARKING" to provide another means of unrestricted emergency access. Signs should be installed on Clover Meadows Drive, Sharon 26 Kleiner Park MCZC-10-012 Drive, Green Meadow Drive and Meadow Wood Drive, at the applicant's expense. I. Staff Recommendation for Turnarounds 1. If the ACHD Commission does not require the extension of Green Meadow Drive and/or Meadow Wood Drive, the applicant should be required to comply with ACHD Policy 2705.2.1 and provide written approval from the Boise Fire Department for the dimensions of the proposed hammer-head type turnarounds located at the terminus of Green Meadow Drive and Meadow Wood Drive. (The applicant has already obtained written approval from the Meridian Fire Department.) 2. If the ACHD Commission does not require the extension of Green Meadow Drive and/or Meadow Wood Drive, the applicant should be required to install NO PARKING signs in the turnarounds. The applicant may also be required to install additional signage on the stub streets in the future (including Tweedbrook Avenue) if the local streets become a nuisance parking area for the Park, associated uses, and future commercial development. 7. Park Lane (proposed street) a. Applicant's Proposal • The applicant is proposing to construct a new public street from Records Avenue to Venture Street adjacent to the southerly property line of the site. The purpose of this street is to: provide access to the Park, provide connectivity and signalized access to those residences off of Venture Street, and to provide local access to the undeveloped parcel to the south of this site. • The applicant is proposing to construct Park Lane as one-half of a 2-lane collector road within 40-feet of right-of-way, with a 10- foot wide landscape strip and 5-foot wide detached sidewalk. As indicated in the applicant's letter, the TIS does not indicate the need fora 3-lane roadway for access to the Park. The street, as proposed, does not have bike lanes and parking will be prohibited. • The applicant is proposing to construct a 27-foot wide curb return driveway on Park Lane located approximately 225-feet east of Records Avenue. 27 Kleiner Park MCZC-10-012 b. Staff Comments for Park Lane Staff is supportive of the proposal for an east-west street to provide connectivity and access to adjacent and nearby parcels. There are approximately 14 single family dwellings that access Venture Street off of Fairview Avenue. Venture Street at Fairview Avenue is recommended to be restricted to right-in/right-out operations in the near future due to traffic volumes on Fairview Avenue. Park Lane will provide signalized access to Records Avenue at Fairview Avenue. c. Request for Modification of Policy for Park Lane • The applicant has requested a Modification of Policy to allow the angle of the proposed Records Avenue and Park Lane intersection to exceed the standard 15 degree intersection skew. As depicted in the site plan the intersection was designed with a 30 degree skew. The applicant could realign the intersection to the north, but has stated that they prefer to not impact the Park layout. The applicant does not own the property to the south and cannot move the intersection to correct the design through that parcel. The applicant has submitted a template to demonstrate that there is adequate site distance at the intersection. • Staff recommends a modification of policy to allow the proposed design, but also recommends a requirement for a sight triangle easement as well as a detailed landscape plan to be submitted prior to plans acceptance to demonstrate that the standard site triangle (at a minimum) is accommodated. The sight triangle easement would encumber land not owned by the applicant. The applicant should be required to dedicate the necessary easement prior to issuance of Plans Acceptance and/or issuance of any permits to work in the ACHD right-of-way or future right-of-way. The applicant should provide ACHD with: the legal descriptions for the easement; written approval from the property owners stating that they are willing to sign an easement to ACRD; and the necessary ownership information and contact information for those parcels. After that information has been provided, ACHD will prepare the easements for signature by the property owners and will then record the documents. d. Staff Recommendation for Park Lane • Staff recommends approval of the location of Park Lane. It appears that Park Lane will intersect Venture Street in alignment with a property line. This location should minimize the impact of headlights on the single family dwellings. 28 Kleiner Park MCZC-10-012 Staff recommends approval of a 2-lane, 36-foot wide collector street section with bike lanes. The applicant should be required to dedicate sufficient right-of-way to accommodate the necessary improvements, including a 2-foot wide utility strip behind the back of curb; and should construct Park Lane as one-half of a 36-foot street section, with no less than 24-feet of pavement, with vertical curb, gutter and sidewalk. The applicant shall stripe the bike lane and sign the street for "NO PARKING", and shall construct a 3-foot wide gravel shoulder, and barrow ditch on the south side of the road. The applicant should provide a sidewalk easement and license agreement for the proposed 10-foot wide planter strip and detached sidewalk. The planter strip should not be located within the right-of-way. The 27-foot wide curb return driveway on Park Lane located approximately 225-feet east of Records Avenue should be approved as proposed. 8. Venture Street (existing street) a. Existing Conditions • Venture Street is located at the southeastern property line of the site. It is improved with 38-feet of pavement within 50-feet of right-of-way. • The site has approximately 300-feet of frontage on Venture Street The existing public street serves approximately 14 single family dwellings, and one commercial use, and intersects Fairview Avenue in alignment with a public street on the south side of Fairview Avenue. The intersection is not signalized. b. Applicant's Proposal for Venture Street • The applicant is proposing to construct one driveway on Venture Street located approximately 125-feet south of Venture Circle to access the Park maintenance facility. • The applicant is proposing to improve Venture Street abutting the site as one-half of a 36-foot street section with vertical curb, gutter, and 5-foot wide attached concrete sidewalk. c. Staff Comments/Recommendation for Venture Street • Staff recommends approval of the driveway for the maintenance facility. Public access to the Park from Venture Street will be via Park Lane. Public access directly off of Venture Street is prohibited. • The driveway should be adequately signed and gated to .prohibit public access. • The street improvements should be approved as proposed. 29 Kleiner Park MCZC-10-012 9. General Design Comments/Requirements for Public Streets • The street sections on page 4 of the plan sets (dated 3-10-10) should not approved as proposed. Refer to the staff report for approved street sections. • The base sections on page 4 of the plan sets (dated 3-10-10) should not approved as proposed. Comply with ACRD Policy. • Provide a sidewalk easement for all sidewalks located outside of the right-of-way. • Enter into a license agreement with ACRD for any landscaping located within the ACRD right-of-way or easements. 10. Impact Fees There will be an impact fee that is assessed and due prior to issuance of any building permits or other permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. The City of Meridian is a taxing district as defined by ACRD Impact Fee Ordinance 208 and Idaho Code section 63-201. Ordinance 208 requires that taxing districts shall be subject to payment of impact fees on all developments in Ada County unless ACRD and the taxing district enter into a written agreement that provides otherwise. ACHD and the City of Meridian have no written agreement in place regarding payment of ACHD impact fees. Only those facilities owned by the City will be eligible for inclusion in an agreement to waive impact fees. Impact fees for park sites are assessed by acreage, and auxiliary uses to the park such as restrooms, picnic shelters and sheds/maintenance facilities are not assessed a separate impact fee. Separate impact fees will be assessed on all other uses. The City of Meridian has submitted a written request for a waiver of impact fees. The letter is attached at the end of the report. The Owner has submitted a written request for a waiver of all ACHD related fees. The letter is attached at the end of the report. Staff does not recommend a waiver of plan review and permit fees as those cover direct costs associated with staff time. 11. Irrigation Structure The plans indicate the construction of a new irrigation structure located within the unopened ACHD right-of-way just south of Green Meadow Drive, for the South Slough. District policy does not allow irrigation structures to be located within the public right-of-way. The applicant should be required to revise the plans for the South Slough to relocate the structure outside of ACHD ROW. 30 Kleiner Park MCZC-10-012 12.ACHD Reviews and Plan Approval • The applicant should be required to secure dedication of right-of-way from the adjacent property owners as indicated in the applicant's letter to ACHD dated April 14, 2010. Right-of-way dedication should be required prior to plans acceptance. • Regardless of the requirements set forth in the City's development agreement, the plan submittals should be required to include all of the requirements as set by the ACHD Commission, prior to plans acceptance. • Prior to issuance of any permit to work in the ACHD right-of-way the applicant should be required to dedicate all required right-of-way adjacent to the Park. • Prior to plans acceptance, the City of Meridian should be required to enter into a written agreement with ACHD regarding the future construction of Records Avenue north of the Park entrance. In lieu of providing a financial surety, the City should be required to ensure that the segment of Records Avenue north of the proposed Park Lane, will be built by others; or, that the City will construct the road at such time that Allys Avenue is extended south from Ustick Road to the north property line of the Park, or River Valley Drive is extended east from SH-55 (Eagle Road) to the site, whichever comes first. 13. Landscaping and Tree Planters Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-feet offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 31 Kleiner Park MCZC-10-012 B. Site Specific Conditions of Approval The applicant shall be reauired to comply with all of the Site Specific Conditions of Approval listed below, prior to ACHD issuing a permit for work within the ACHD right-of-way. Dedicate to ACHD the necessary right-of-way to extend Records Avenue to the Park, prior to issuance of Plans Acceptance and prior to issuance of any permits to work in the ACHD right-of-way or future right-of-way. Provide ACHD with: the legal descriptions for the right-of-way; written approval from the property owners stating that they are willing to sign a Warranty Deed to ACHD; and the necessary ownership information and contact information for those parcels. After that information has been provided, ACHD will prepare the Warranty Deeds for signature by the property owners and will then record the documents. 2. From Fairview Avenue to the southerly property line of the Park (Park Lane), the applicant shall improve Records Avenue with a minimum of 30-feet of pavement to provide for two 11-foot travel lanes and two 4-foot wide bike lanes. On both sides of the road the applicant shall install a 3-foot wide gravel shoulder with a barrow ditch; and should construct a minimum 5-foot wide concrete sidewalk on the east side. The applicant shall work with the property owner to locate the sidewalk in its ultimate location. 3. Widen Records Avenue at the Fairview Avenue intersection to provide for 4- travel lanes plus bike lanes as shown in the mark-up provided in the staff report. 4. Construct any necessary modifications to the pedestrian ramps on the north side of the Records/Fairview Avenue intersection. 5. Relocate/modify any signal equipment necessary for the widening of the Records/Fairview Avenue. 6. Dedicate to ACHD the necessary right-of-way to extend Records Avenue adjacent to the Park, prior to issuance of Plans Acceptance and prior to issuance of any permits to work in the ACRD right-of-way or future right-of-way. Provide ACHD with: the legal descriptions for the right-of-way; written approval from the property owner stating that they are willing to sign a Warranty Deed to ACHD; and the necessary ownership information and contact information for those parcels. After that information has been provided, ACHD will prepare the Warranty Deeds for signature by the property owner and will then record the documents. 7. The main driveway location and width are approved as proposed on Records Avenue, per the 3-10-10 site plan. 8. The northerly driveway location and width are approved as proposed on Records Avenue, per the 3-10-10 site plan. 32 Kleiner Park MCZC-10-012 9. Prior to plans acceptance, the City of Meridian shall enter into a written agreement with ACHD regarding the future construction of Records Avenue north of the Park entrance. In lieu of providing a financial surety, the City shall ensure that the segment of Records Avenue north of the proposed Park Lane, will be built by others; or, that the City shall construct the road at such time that Allys Avenue is extended from its current terminus to the north property line of the Park, or River Valley Drive is extended to the site from SH-55 (Eagle Road), whichever comes first. 10. If the Commission waives the requirement to construct Records Avenue north of the main access, trees and landscaping shall be prohibited within the 10-foot wide landscape strip between the sidewalk and future curb. 11. Unless the Commission requires improvements within the unopened right-of-way (per the section below), the applicant is granted a variance to not improve the unopened right-of-way as a public street. 12. Construct one of the options listed below, as determined by the ACRD Commission a. Extend Tweedbrook Avenue to connect to Green Meadow Drive; and construct an emergency turnaround at the terminus of Meadow Wood Drive. (This option provides connectivity to all of the surrounding subdivisions.) b. Do not extend Tweedbrook Avenue. Connect Meadow Wood Drive with a new north-south emergency access connection located within the unopened right-of-way and extend to the proposed maintenance road within the Park. Improve the maintenance road to emergency access standards out to Venture Street. c. Do not extend the stub streets but provide emergency and pedestrian/bicycle access only from the Park to Green Meadow Drive and/or from Meadow Wood Drive; and provide pedestrian/bicycle access only from Tweedbrook Avenue. Emergency connections could potentially utilize removable bollards and grass-Crete. d. If the Commission does not require one of the options above (a, b, or c), at a minimum the Commission should require the applicant to sign the roads within the Clover Meadows Subdivision for "NO PARKING" to provide another means of unrestricted emergency access. Signs should be installed on Clover Meadows Drive, Sharon Drive, Green Meadow Drive and Meadow Wood Drive, at the applicant's expense. 33 Kleiner Park MCZC-10-012 13. If the ACHD Commission does not require the extension of Green Meadow Drive and/or Meadow Wood Drive, the applicant shall comply with ACRD Turnaround Policy 2705.2.1 and provide written approval from the Boise Fire Department for the dimensions of the proposed hammer-head type turnarounds located at the terminus of Green Meadow Drive and Meadow Wood Drive. 14. If the ACHD Commission does not require the extension of Green Meadow Drive and/or Meadow Wood Drive, the applicant shall install NO PARKING signs in the turnarounds. The applicant may also be required to install additional signage on the stub streets in the future (including Tweedbrook Avenue) if the local streets become a nuisance parking area for the Park, associated uses, and future commercial development. 15. The Records Avenue/Park Lane intersection is approved with a 30 degree skew as depicted in the 3-10-10 site plan, as a modification of policy. 16. The applicant shall provide a sight triangle easement for the Records Avenue/Park Lane intersection, as well as a detailed landscape plan, to be submitted prior to plans acceptance to demonstrate that the standard site triangle (at a minimum) is accommodated. The sight triangle easement will encumber land not owned by the applicant. The applicant shall dedicate the necessary easement prior to issuance of Plans Acceptance and/or issuance of any permits to work in the ACHD right-of-way or future right-of-way. The applicant shall provide ACHD with: the legal descriptions for the easement; written approval from the property owners stating that they are willing to sign an easement to ACHD; and the necessary ownership information and contact information for those parcels. After that information has been provided, ACHD will prepare the easements for signature by the property owners and will then record the documents. 17. The location of the Park Lane/Venture Street intersection is approved as proposed. 18. Dedicate sufficient right-of-way on Park Lane to accommodate the necessary improvements, including a 2-foot wide utility strip behind the back of curb. Construct Park Lane as one-half of a 36-foot street section, with no less than 24- feet of pavement, with vertical curb, gutter and 5-foot wide concrete sidewalk on the north side of the road. Stripe the bike lane on the north side and sign the street for "NO PARKING". Construct a 3-foot wide gravel shoulder, and barrow ditch on the south side of the road. 19. Provide a sidewalk easement and license agreement for the proposed 10-foot wide planter strip and detached sidewalk on Park Lane. The planter strip shall not be located within the right-of-way. 34 Kleiner Park MCZC-10-012 ~`~ ~~s~ G"ONwN.f~d~~0 February 24, 2010. Tammy DeWeerd, Mayor Meridian City Council 33 E. Broadway Avenue Meridian, ID 83642 Sherry R Huller, President Rebecca W. Amdd, ~ce President John S. Francfen, Commissioner lard A. F4cICee, Commissioner Sara M. Baker, Commissioner RE: MDA-10-003 -Modification to Development. Agreement fear Kleiner Park Honorable Mayor and City Council, The Ada County Highway District Commission respectfully requests that the Meridian City Council defer action on MDA-10-003 (Modification to Development Agreement). Two of the three proposed modifications to this Development Agreement (Items 4(c) and 4(d)) are related to existing public streets or unopened ACRD right-of-way. As proposed, the modifications conflict with ACRD pc~icies and previous actions. Ta avoid placing the applicant in the position of rec~iving conflicting requirements from the two agencies, ACHD would recommend that these issues be heard with the Kleiner Park Certificate of Zaning Compliance (CZC) application ~ provide the full context of the issues to the deliberations. If an action must be taken an MDA-10-003 prior to submittal of the CZC application, ACHD requests that items 4(c) and 4(d) be approved as previotasry proposed without the requested modifications. about the ACHD rights-of-way. The representative for the park project {Parametrix) has indicated that a CZC application will be submitted to the City in March, and then forwarded to ACHD for review and comment. Our staff has worked with Parametrix for the last several months with regard to recommended roadway requirements and layouts in association with the proposed park site, but would Tike the opportunity to work with your staff to determine die best solution to these issues for both agendes. Additionally, the Commission would like the opportunity to hold a public meeting on the Kleiner Park CZC application and hear public testimony an these issues prior to any decisions being made Thank you for your consideration. Sincerely, ~~~%~'' '"`~. herry ter, President ACHD Commission Ada County Higtwvay Distrid • 3775 Adams Street • Gankn City, BD • 83714 • PH 2~ 387-61~ • FX 345.7650 • www.adtid.ada.id.us 40 Kleiner Park MCZC-10-012 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Noaglun Charles Rountree David Zarem6a January 29, 2010 Mr. William J. Schweitzer Director Ada County Highway District 3775 Adams Street Garden City, ID $3? 14 Dear J: The purpose of this letter is to confirm that the property located northeast of Fairview Avenue and Eagle Road (parcels 51104314800 and 51104438b20) will be a 60-acre public park, once it is developed by the 3ulius M. Kleiner Memorial Park Trust. Julius M. Kleiner Memorial Park will then be donated to the City of Meridian by Eugene Kleiner and the Park Trust, honoring his father on the family property, and will be owned and maintained by the Meridian Parks & Recreation Department. The Kleiner Park Trust and their design team, led. by Parametrix Inc., have been working closely with the Meridian Parks 8c Recreation Department, Meridian Parks & Recreation Commission, and Meridian City Council throughout the concept planning, programming, and design phases. This collaborative partnership will continue through the construction phase until the park is completed. Upon completion of the park construction, the City wi]l take ownership of the property. Therefore, we request that the City of Meridian and the Julius M. Kleiner Park Trust receive a waiver from ACRD impact fees, as this is a Gity project. If you have any questions or need additional infomaation, please do not hesitate to contact me. Sincerely, Tammy d eerd Mayor MayoCs Office . 33 E. Broadway Avenue, Meridian, is 83642 Phone 208-588-4433 . Fax 20&884-8119 . www.meridiancity.org 41 Kleiner Park MCZC-10-012 Julius M. Kleiner Memorial Park Trust 217 W. Georgia Avenue, Suite 100 Nampa, Idaho 83858 January 28, 2010 Mr. William J. Schweitzer Ada County Highway District 3775 Adams Street Garden City, ID $3714 Dear Mr. Schweitzer, The Julius M.1{leiner Memorial Park Trust is currently designing and developing a 60-acre park at the Northeast corner of the Fairview Ave and Eagle Road intersection, The memorial park is intended to be a heavily-treed urban park with large water features, rolling terrain, bicycle and pedestrian trail systems, and will provide plenty of open space for picnics and rnmmunity gatherings. A hand shell and amphitheatre will provide a beautiful setting for music and festivals. A formal Grand Plaza and Promenade will Feature a memor[al to Julius. We, the Julius M. lUeiner Memorial Park Trust, are designing and developing the property, and upon construction completion, will make a charitable gift to the City of Mer[dian of the developed property as a public memorial park to be held and maintained in perpetuity by the City. Upon development of the property as a park, and the transfer of tide to the City, we will have no further duties or obligations to the park. We have been fortunate to involve the members of the City's Parks & Recreation staff in the design, and have kept the Gity Council, Parks & Recreation Commission, Planning Department, and Mayor's office up to date with the project status and design features of the park. We respectfully request that all fees, typically required with private development projects, be waived for this project as it will became a public City Park upon completion of construction. Cfyou have any questions, please contact me at 456-4264. Thank you very much for your consideration. We look forward to working with you m create this legacy park for the Treasure Valley communities to enjoy for years to come. Sincerely, ~~ ~ 1 Michael E. Huter Co-Trustee, Julius M. Kleiner Memorial Park Trust 42 Kleiner Park MCZC-10-012 From: Joe Silva [mailto:jsilva@meridiancity.org] Sent: Monday, April 19, 2010 10:00 AM To: Christy Little Subject: RE: Emergency Access Point for the Northeast Corner of Kleiner Park Christy Yes 50 is the magic number for the number of homes serviced by one access point. However as I covered in my email, this is a 30 year old subdivision with 48 homes. I'm fine if you would like to use the email below for the ACHD Commission meeting. If you have any questions, give me a call. Joe Joseph P. Silva Deputy Chief/ Fire Prevention Meridian Fire Department From: Christy Little [mailto:Clittle@achdidaho.org] Sent: Friday, April 16, 2010 9:29 AM To: ]oe Silva Subject: FW: Emergency Access Point for the Northeast Corner of Kleiner Park Hi Joe, The ACRD hearing for the Park is on April 28th. I will need to provide our Commission with your comments, so wanted to check with you to see if it was okay to include your a-mail below, or if you wanted to provide something more formal. Either way works for me, just let me know. Also, for clarification, is 50 the magic number? It looks like there are 48 homes, but 6 vacant lots that could be built on. Thanks for your input, Christy From: Joe Silva [mailto:jsilva@meridiancity.org] Sent: Thursday, February 25, 2010 1:58 PM To: Sonya Waters; Peter Friedman Cc: Gary Inselman; ssiddoway@meridiancity.org; Joe Silva Work; sgraham@parametrix.com Subject: Emergency Access Point for the Northeast Corner of Kleiner Park Sonya Wafters, City of Meridian Planner Subject: Emergency Access to the Northeast Corner of the Proposed Kleiner Park After our meeting this morning, I met with Fire Chief Ron Anderson to discuss the need for an emergency access point to connect Tweedbrook Ave to Green Meadow Dr. and/or Meadow Wood Dr. We currently have two access points to service the Redfeather Subdivision on the Northern border of the proposed park. On the Eastern border we have a Rural Subdivision built some thirty years ago before we had adopted the policy of not allowing more than 50 homes to be served by only one point of connection. Therefore, it is our decision that because we do not serve greater than 50 homes and the fact the subdivision is more than 30 years old, that we would not require a emergency access point on the NE corner of the park. Joseph P. Silva, Deputy Chief/ Fire Prevention Meridian Fire Department 43 Kleiner Park MCZC-10-012 Request for Reconsideration of Commission Action 1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 44 Kleiner Park MCZC-10-012 MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. 7A REQUEST• Public Hearina• CPA 09-007 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road Approximately 1 200 Feet East of the Eagle/Franklin Intersection: Reauest to Amend the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 6 54 Acres of Land From Commercial to Industrial• and Also Change the Land Use Designation on 1.12 Acres of Land From Industrial to Commercial AGENCY MAYOR'S OFFICE: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: 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. COMMENTS See Attached MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST• Public Hearina• RZ 09-005 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road Approximately 1 200 Feet East of the Eaale/Franklin Intersection: Reauest for Rezone of 6.54 Acres from C-G to I-L Zone and Rezone of 1.12 Acres from I-L to C-G Zone AGENCY MAYOR'S OFFICE: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: 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: April 27, 2010 ITEM NO. 7B COMMENTS See CPA 09-007 Packet Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. 7C REQUEST• Public Hearing• CPA 09-010 Southridcle West Commercial by Cabra Creek, LLC -Located at the Northeast Corner of S Ten Mile Road and W Overland Road• Request to Amend the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 60.74 Acres of Land from Medium High Densit~Residential (MHDR) Medium Density Residential (MDR) Green Space and Park Land (PARK) and Mixed Use Commercial (MUC) to Mixed Employment IME1 AGENCY MAYOR'S OFFICE: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: \~~~ MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS Date: See Attached Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST• Public Hearinq• AZ 09-010 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Annexation and Zoning of 5 63 Acres from RUT in Ada County to the M-E Mixed Employment) District AGENCY MAYOR'S OFFICE: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: 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: COMMENTS See CPA 09-010 Packet ~~ ~~,~ ~~~ MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 27, 2010 ITEM NO. 7D MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. 7E REQUEST• Public Hearing' RZ 09-006 Southridae West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Rezone of 9 33 Acres from the R-8 Zoning District to the C-C Zoning District AGENCY MAYOR'S OFFICE: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See CPA 09-010 Packet ~~ ~ ~E~~ by J Contacted: Date: Emailed: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING APPLICANT April 27, 2010 ITEM NO. 7F REQUEST• MFP 10-001 Crossfield Subdivision No 3 by Conger Management Group Located South of W Ustick Road West of Venable Lane: Request for Modification to the Fencing Materials Previously Approved for Lot 14, Block 11 and Lot 18, Block 10 AGENCY MAYOR'S OFFICE: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. 7G REQUEST• Public Hearing' PFP 10-001 Monica Subdivision by B2 Investments, LLC Located at 327 N Linder Road: Request for Approval of a Combined Preliminary / Final Plat consisting of 3 Building Lots on 3.62 Acres of Land in an I-L Zoning District AGENCY COMMENTS MAYOR'S OFFICE: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. 7H REQUEST• Public Hearing• MDA 10-004 The Tree Farm by Spurwina Greens LLP Located North Side of Chinden Boulevard on Both Sides of Black Cat Road West of Spurwing Subdivision: Request to Remove a Provision From the Recorded Development Agreements Inst. # 106151218 # 107025555, # 1071419931 and Include a New Provision to Allow the Construction of a Tennis Court Facility and Related Site Improvements AGENCY MAYOR'S OFFICE: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: 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: COMMENTS MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. FP 10-003 MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT Primeland Investment Group, LLC ITEM NO. 71 REQUEST Final Plat approval for 3 residential building lots on approximately 1 acre in an R-4 zoning district for Bridgetower Crossing Subdivision No. 17 - 1 /4 mile west of N. Linder Road & 1 /4 mile north of W. Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached ~N~~~IaSil ~o Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CPA 09-008 MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT City Of Meridian ITEM NO. 7~ Request for CPA Map to Modify the Future Land Use Map by Replacing the Public /Quasi-Public Desianation with a New Civic Desianation• Changing the Future Land Use Desianations for Current and Former Churches and Hospitals That Are Designated Public /Quasi-Public; Adding New Symbols to the Legend for Future Facilities (i e Schools Parks Fire Stations, Transit Stations); Incorporating the Land Use Designations of the Ten Mile Interchange Specific Area Plan; Removing the Water and Sewer Line Desianations• Updating the Roadways Designated as Enter Way Corridors• and Removing the Roadway Classifications AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: 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. See Attached CPA 09-009 MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT City of Meridian ITEM NO. 7K Request for Comprehensive Plan Text Amendment Incorporating the Changes Associated with the Concurrent Map Amendment• Add Text to Clarify and Define Fire Station and School Sites; Update Old Text in the Recreation and Park Section of the Plan (Chapter VI and VII) and Incorporate Lanauacle Regarding the East 3rd Street Alignment Study AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: 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: U S WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See CPA 09-008 Packet Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. SA REQUEST Approval of 2010-201 1 Beer, Wine, Liquor Renewal Applications Pending Ada County License Submittal AGENCY COMMENTS CITY CLERK: See Atfached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: ~ CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: CITY SEWER DEPT: CITY BARKS 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. Beer/Wine/Liquor to be approved on 4/27/10 -Still Pending County Whitewater Pizza and Pasta Cottage Expressions/Miss Tamis Rudy's Pub & Grill r St. Lukes Regional Chronic Tacos Smashburger r 1510 N. Eagle Rd. B/W r 1031 N. Main St. B/W 2310 Overland Rd. B/W 520 S. Eagle Rd. B/W B B/W Beer/Wine/Liquor License Transfer and 201.1 Renewals Pinnacle Sports Grill r 2902 N. Eagle Rd. B/W/L Muggsy's r 501 S. Main St. B/W/L Lakeview Golf Course r 4200 W. Talamore B/W/L MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. $B1 REQUEST• Verbal Request from Ron Carroll at 1822E Bluetick Street to Connect a Private Well to his house as an Alternative Water Source AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER• COMMENTS See Attached l Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~i~E IDIAN~- PLlbi1C ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Worthington, P.E. Staff Engineer DATE: 4/12/2010 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: REQUEST FROM RON CARROLL, AT 1822 E. BLUETICK STREET, TO CONNECT A PRIVATE WELL TO HIS HOUSE AS AN ALTERNATIVE WATER SOURCE. PLEASE PLACE ON THE PUBLIC WORKS DEPARTMENT REPORTS AGENDA FOR THE APRIL 27, 2010 COUNCIL MEETING. I. RECOMMENDED ACTION A. Move to: 1. Deny the request from Mr. Carroll to connect his private well to his house, located at 1822 E. Bluetick Street. II. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer (Project Manager) Kyle Radek, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works 489-1349 489-1343 489-1350 489-1372 Page 1 of 2 Sterling Codifiers, Inc. 9-1-4: USE OF CITY WATER REQUIRED: Page ~~-~1 Mdl~t 1 of 1 A. Connection To City System: The owner or occupant of any house, building or property used for residential, commercial, industrial, governmental or recreational use, or any other purpose, situated within the city which is abutting on or having a permanent right of access to any street, alley or right of way in which there is located a city water line is hereby required to cease using any other water system and at his expense to connect such building directly with the city water in accordance with the provisions of this chapter, within sixty (60) calendar days after the date of official notice from the city to do so; provided, however, that said city water is within three hundred feet (300') of any property line where said building to be served is located. B. Disconnection Of Private System Required: At such time as the municipal water system becomes available to the property served by the private water system, and the owner or tenant connects his property to municipal service as required, it is mandatory that the private water supply is not connected or cross connected in any way to the water lines served by the city water system. The disconnection of the private water supply line shall be inspected and approved by the waterworks superintendent or his designated representative. (Ord. 04-1106, 10-5-2004) http://sterling.webiness.corn/codebook/getBookData.php?id=&section id=519373&keywor... 4/8/2010 MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. 8B2 REQUEST: Budaet Amendment for $400 000 00 for Sfudae Pipina and Centrate Tank Improvements AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: 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: See Attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~i~E IDIAN~- ~'11b1iC IDAHO Works Department TO: Todd Lavoie FROM: Clint Dolsby, P.E. DATE: Apri114, 2010 Mayor Tammy de Weerd City Cowndl Momberl~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: REALLOCATION OF FUNDS FROM WWTP CLARIFIER TO SLUDGE PIPING AND CENTRATE TANK IMPROVEMENTS I. RECOMMENDED ACTION A. Move to: 1. Approve the Line Item Reallocation Request for $400,000 from WWTP Clarifier to Sludge Piping and Centxate Tank Improvements; and 2. Authorize the Mayor to sign the Request. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The primary sludge pipes at the wastewater treatment plant have been plugging with grease every few months. This has created the need for routine cleaning of the pipelines, which has led to an injury accident during a manual cleaning of the primary sludge pipes. These pipes have been in service since the late 1970s and are due to be replaced. Additionally, the centrate tank floating decanter that controls the ammonia loading return flow stream to the headworks has failed which has made equalization of the return flows to the headworks more challenging. Page 1 of 2 B. Proposed Use of Funds The proposed project involves two process areas at the wastewater treatment plant. The first area is associated with the solids conveyance system to remedy current issues with grease blockage, excessive pump wear and tear, and inefficient pumping conditions. Plant staff spend a considerable amount of time and effort dealing with cleaning the pipes and are having to replace expensive pump hoses more frequently than is normal. The proposed project will revise process piping to bypass small piping that gets clogged with grease and will solve the hydraulic conditions that will minimize pump wear and tear. The second area is related to equalizing dewatering return flow to the head of the plant. The project will add a pump to allow complete equalization of the return flow resulting in more effective ammonia and total nitrogen removal. The transfer of funds to this project will allow for the completion of this priority project at the wastewater treatment plant to allow for further analysis of the bioaugmentation project with other treatment alternatives in the 2010 facility plan. The 2010 facility plan will include the development and evaluation of reasonable treatment alternatives to meet current, proposed, and anticipated national pollution discharge .elimination system (NPDES) Permit limits at the wastewater treatment plant. IV. ALTERNATIVES A. The City could defer the sludge piping and centrate tank improvements until FY2011 as originally planned. Doing so would prolong the operational issues at the wastewater treatment plant associated with these process areas. V. TIME CONSTRAINTS Council's approval of the Budget Amendment will allow Public Works to incorporate design and construction of this high priority project in FY2010. VI. LIST OF ATTACHMENTS A. City of Meridian Budget Amendment Form Page 2 of 2 S C < ~ --I - I N W m~~ 'c 1 ~ IV --I f 3- S) Q. ~ y y ~ ~ 0 n ~ 3 N • v N fop d N ~Q ~ ~ rt .~ ~ (~ N ~ O ~ ~ ~ ~ V 7 N ~ ~ A N ~ ~ ~ d ~ ~ ~ ~ ~ rt ~ ~ O O ~ ~ ~ N. ~ ~ '7 ~ ~ O ~ ~ . ~. ~ .p -I Z fl ^- O v~ • ~ Q • O -s (D 7 ~ V $ O m' ~ -o (D ^ N C n y ~ a~ o a .~`° c ~ ~ ~ ~~m~< 3 ~ m ~ N~•~ . O ~ ~~ N3 ~ O a~~~~ ~ O. ONE _ ~Q O ~ y~ ~~ ~ 3 N Q1 C) ~ ~ N N ~3.. V> ~ ~ O y N ~ ~ ry ~ N Q N ~ o ~ y~ ~ ~ ~ d~a ~' 6;~ p a ~'a ~~' C1 ° 3 3 N ~ _ ~ °=m ~ en o ~~ ' m ~' ~ j~,~ , .mod ~ ~ ~~~ z ~a5 0 ~~ O .,~ v~~yd ~~s:N ~ ~ ~ ~ m ~ ~ a$,ao ;X. N ~. ~. ~ (A O z~mm~m fD ~ ~ fA . ~N.~ 7 O ~ ~ ~ ~ ~Q ao ~ ~ fD~ ~°y' v 3~-0 ~ • ~ ~ ~ n ~ ~ ~Q ~ ~. 69 (Q d 7 ~ N 7 N ~ ~ rt - A (a N N O. f D 7 N O. 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N ~ ~ "~ p fD y ~ N f= < ~ 5, N ~ C N N 3 ~ m ~ n 3 w y ~~S~m o y~ as ~ v ~ a o mo ~ 7 m io C c p• ~ y N x ~ N 7 C `< ~ym ~ o ~c~.z~ 3~ O ~ a N ~ n m ° C fD ~ p~j ~ N p Q N 4 (O ~ ~ ~+ ~. z ~ ~ ~ moo ~v ~ o m o ~"v g 3 0 ~.~ ~ d m ~ ~,~' ~ ~ o d ~~° n ~ ~ fDOya ov y ~m -Iy ~-3 ~~~' w ~~ d m E ~av a m N ~ °. ~~o~ m er c ~ o oin ' v`~ ~ tea. 'm m '~. ,~. ~ a_ N v 3 7`~ ~ ~ ~ 5 \~C ~Q ~. N ~_ O ~ ~' .~ a~ m m cQ (D 't O N O. O c m a ~. O Q (Q O C O 3 (D y .T N O m ~D ~Q ~D Z ^~C YI m m Z 3 m z 3 y ~D N O O t n O 'O ~. d O 3 d O l~D y 'n 0 m ~ o ~~ ~~ ~ o y~ m ~ `Y, ~; ~ ~ c ° ~; ~ ~ ~. a .Q ..~ C ~jj]. O ~ .~ O O fA N ~ N n ~ ~ ~ rt i N n ~ ~ t3' O ~~ N m ~H-y V H z u~ 3 Qj N ~U C > C > ~ C O O V G. C_ Q O C mom- nv~Ui.i ''O O U roQ.. ry R ~ ca iL u ~ C m a w _Q ~~ F ~ ~ O G !1 ~ Q W Q 2 N~ W 4f W ~ ~ W O (' ~~ Z ~ ^ ~ ^ } Z Z Z Z W ~ ~ ~ ~ O a ~ L ~ ~ ~ ~ ` Q (~ ~ r '' ;V ~ ~ N Z W D W 0 Z Y V a N J ~ W Z ~ U Q H "' o o ~ ~O ~ U ~ ~ r = ~ n Z ~ i~ m ~ O 3 O O Q a ,~ s ~ fl s 7 d O X W ~ ~ ~ V v ~ g o o = O :.. (n ~- ~ Q U C H •_^ ^ m L N O (/~ ` Y '` ' ca ~ ca ~ ~ O ~ ~ U LL W Q. o ~ ~ W J W H 0 Q y _ N O p V = O p 0 H O M O ~ N ~ M ~ N 0 N N 0 M N 0 ~ff N O ~ W d t1 ~ ~ ~ ~ ~ N N N N a o ~ ~r ~ ~ ~ ~ ~ ~ ~ a ~ ~ h L ca - W : ~ ~ T s ti s~ r' r`Ic ` i ,~ } b~~ }t° Y ~ ~ „ ~ ~ ~ ,s ~ 4, x r c A. F x ~ t ~k W - W _ ~~ ~ ~ ;; _~ a ~ ~ ~ ;- ~ ~ O ~ ~ . i,.. 0 1 F y ~ ° ~ `m.~ U -C ~~~ ~,~~~ ~_ ~_~~~ YU ~" N .~ N O p, ~ J ~ N .~-w CD QCQ C O O U J U g a o . 'a N c U .~ m~ ~ ~ o __ U ~ ~ ~~-o m ~ ~ c c ~ ~ _~ ~ Q a N Q ~ N ~ ~ ~ ~ ~ .N 0 C ~ N _N S C O ~~ l.~C -~v a ~ ~ a~i ~ c ~ E m i~ U -a .~ c _ o '~ y L .p 0 '€', O w C o ' ~ x o o: . a o " W ~ O ~- m ' r ~ '~ ~ ~ Hti k' ~ ', t '~:~ ~ S' 'G ~i ~ ~ 5; ~ Y7 . W ~ O .. ~ f' Q V ~ ~ V ~ ~ .~ ~o` N S N w w L :~ :~~~. t+ ~ n~ r s~ ~r~t ' ° ,: '$ ~ J ~ Z W > ' . ~, O ~ .~ x , ~ ~- ~( A Q: Q N Z o ~= ', v~ Q a C ~ ~ G V O ~ m .r r O ~ c ~ O L = o c R ~ ~~ ~ ~ O ~ '° ~~ d d ~ 3 ~ ~ d~ ~ v C ~ d c m ~~ ~ O ~ H ~~ W J J W J Q ~~a ~- J W ~a~ o~~ MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. 8B3 REQUEST: Budaet Amendment for $400 000 00 for Reallocation of Funds from Capital Outlay Land to Sewer Line Extensions AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~i~E IDIAN~- Public IDAHO Works Department TO: Todd Lavoie FROM: Clint Dolsby, P.E. DATE: April 14, 2010 Mayor Tammy de Weerd CIly Ceaneil Me~u6er=~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: REALLOCATION OF FUNDS FROM CAPITAL OUTLAY -LAND TO SEWER LINE EXTENSIONS I. RECOMMENDED ACTION A. Move to: 1. Approve the Line Item Reallocation Request for $400,000 from Capital Outlay -Land to Sewer Line Extensions for the Victory Road Connector Trunk Sewer; and 2. Authorize the Mayor to sign the Request. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background In 2007 the Black Cat trunkline network was extended to the corner of Meridian Road and Victory Road. At that time planned development was tasked to extend the trunkline network to the east on Victory Road to connect it to a portion of south Meridian. Due in a large part to the slowdown of the economy this trunk sewer has not been constructed and development in this portion of Meridian south of the freeway has been restricted since 2007 due to sewer system capacity concerns. This situation has precipitated requirements for off-peak lift stations Page 1 of 2 for some developments. With this reallocation of funds along with funding that has been acquired from development in the form of letters of credit, approximately 3,000 feet of trunk sewer associated with the Victory Road connector will be constructed which could feasibly eliminate the capacity concerns and the need for off-peak lift stations. This trunk sewer will run from the intersection of Meridian Road and Victory Road east to the diversion structure near the Observation Point subdivision to connect a portion of south Meridian to the Black Cat Lift Station. IV V VI. B. Proposed Use of Funds The Black Cat Lift Station located on Black Cat Road between Franklin Road and Cherry Lane was designed to serve a significant portion of Meridian and alleviate capacity restrictions in south Meridian. The Black Cat trunkline network that transmits raw sewage to the Black Cat Lift Station has been extended to the corner of Victory Road and Meridian Road. This reallocation will fund the final design and construction of the trunk sewer to connect the Black Cat trunkline network to much of south Meridian. This should eliminate capacity concerns including the requirements for off-peak lift stations. The funding for this project was made available through a cost savings from Capital Outlay -Land on the land acquisition for the reservoir. The Public Works Department was able to acquire land for the reservoir at a savings from the budgeted amount that will be applied to this project. ALTERNATIVES A. The City could defer the Victory Road connector trunk sewer until FY2011 as originally planned. This would delay the elimination of the capacity concerns in south Meridian until FY2011. TIME CONSTRAINTS Council's approval of the Budget Amendment will allow Public Works to incorporate design and construction of this project in FY2010. LIST OF ATTACHMENTS A. City of Meridian Budget Amendment Form Page 2 of 2 ~W4~ ~ v-- i m W <c~- aN N~c <D 0) G. ~ {Q ' ~ O'y A ~ _ ~ p ~O ~ ~ N ~ Q aO.G ~ 'O'^ ~ "- e~! ~ H d ~ ~' ~ ~ C ~» C (A CD n Zl (n ~ a~n Ul ~ y "' ~ > > ~ .~3 ~ o O * ,~ N p ~ cn -~. p~ 7~ S r v ova ~ .rte H ~ , ~ m ~~'~ CD 8~ ~~ ~ rt app' S p ~ ~ .. 3 3 G. ~ ° C 37 ,~~ °' p CD Q "a O(p~ N 7 7 o m ° ~ `~~n? ~ O ~~ ° ' - •N ~ a ~ 'm~ cQ o ~m ~ ~ ~ ryry o ~ 7 ~ ~ ~ S O O ~ N• L. ~'~ Q Q C ~ ~ ~ ag$ (p ~~ ~ ~o 0 f d rt~ Q. 7~ n Q j cJ' W ~ ? 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O ~ tD o -° ~ N ~ ~ °' Si ~ ~ ~ ~ o ' d ~ ~ ~ ~° N ; '~~°' ~ c ~o v ~ ~ n . ~ D. ~~ Q ~ ~ N f Qa ~ _~~ N , ~ ~- O ~ ~ ~ 3 ~ ~ CD ~ N y ,~ ~ ~ ~ j t0 ~ 3 N O O p~ N o ~ ~ t Q a ~p m $ ~+ y O ~C)~ Sf C1 o m ~ n C ~y~ y ~~ O o o fl- ~ m $ ~ d ~ ^ (p • » O (D N ~ ~ _ O ° c7i °o N ~ ~ 8. ~ __ v C 3 ~ ~ 3 a ~ ~ O ~ -- F' ~ 3 n ~ • i 9 ~ :~ At~` ~ m ~ N~7 pa as `G 0_ Q O. ~' 7 7 d Q' ~m ~ 7n ~a n ~ o-TG ~ $.~ o; Q.d a~ X moo. 7m ~~ mQ ~ 2°1 ~Li ~ O. m Q $ ~ ~ o ' O' ~' m a~ 'o ~D . 3 o ~ ~ < ~i ~ ~. m m m 2~ ~ n ~ ~ o N C~ y (D 7. ~ Q C ~_ O O N N G 7 O N 8 7 7 0 ry "') cp ~ N O O ~ C (~ p1 7 N ~ _3 >• O ~ ~ m m N N c ~• of ~ ~ < 8 Z o ~ 7 ~ 7 ~ 7 W~ ~ _ N O 7~C' W .yi ~. 7 pA»1 x `~ Q' C N fD Z ~ (~ N ~ ' 7 ~ °' ~s 3 ~ ~ ~ S N O ~ ~ 6 ~ ~ " ~ 8 ~~ a x < ao o 7 7 y W d N ~ " ° W O N ~ Q ~ ~ C ~ S Q ~ c ~. "~" _~ ~ ~ Q A ~ Q Q ~~ •J ~ Q N (Q Q C N Q O Q .Q C CD N N Q Q O N a O C Q fD S CD N O 3 m ~D 3 "~ Z D W C m Z v m Z 3 .~. V`i 0 Q n 0 a 0 Q y Q Q ~ Q 5, n ~ Q ^~ Q O D ~ ~ ~ ~ Q p~ c a (~ "p" n C o ~ ~ ~. Q ~ ~~ rt ~ O O O -o ~ ~ y ~ N Q ~ rt N O Q ~ ~ C ~. Q v 0 ~' ~- m a ~~\ '. ~m .~- d O ? ~ ~a o~ ~' d ~ d ^~ ~ ~ n 3 ~ a 0 ~~ ... ~ 3 so ~ ~ ~~ d ~ fA O 1D ~ d C ~ a Q' ~ O N ~ ~~ O N 3 d ~ N 0 ~o ~ - :. n ~ ~, ~ r ~~~ , ~ a C1 $ h ~ O D ~ ~ ~ t N s f; ~ .~, a , O ~ ''~ ~ Z ~ D -~ . ~.~ :fir ~ ~ ~ Y~~ ~ ~ k N i O M ~. ~ ~ r,_ ~ :p ~ r C O ~ ~ ; d ~ ~ °. ~ ~'. ~ N ~ ~ N ~ .y ~ ~. r ~ , P „ k~ 4 ~ ~ -, iIf '- ~~i,, 0 .A. ' ~ ~ m x O O oOo O 3 b- ~ y p,,pp, O s S ?! C7 v; v ?! v ~ ~ o o v ~ v ~ n ~ n o ~ < m_ m v m w rn 0 A vo ~_ o ~~ ~. rn D ~ m ~ n ~ a~ n = D =°- j s 3 m ~ ? ~ ~_ y 3 ~- - ~ m ~ m ~ ~ a v ~ ~. -~ ~ ~ < N ~ °~° 3 D ~ w ~~>>~ v n p m ~ - o - o ~ ~Q~ a o ~c>~; c D ~ o N n, ~ ~ ~ ~ _ ~ cvo 3 ° ~ ° ~ " ~ ° ~ ~ o o ~~„ ~ ~ N o ~ ~ ~ ~ _ a- C7 ? m > o ~ ~ o ~ O ~ ~s, O x~ ~~ r r r 7 ~ ~ ~ m ~n ° u ~: '~ ~ ~ ~ ~'~ ~r ' :CI 7 .~ , ~ i= ~ O -~ ' ~~ t .3 ? '~ Y ~ ~; 3 ~ s '•~ ~ ~ ~ r ~ 4, Yr ti . r N i K N 0 m x v ~. m Q ~~ DI -l 'a i 0 ~~ O ~ r ~ m ~ ~ z rn A N O N cn A N O N w A N O N N A N O N i A i W ~ A i N i o A i W O .~ A i N O o ~ ~ ~ 3 ~ y ~ ~~ ~ n 0 0 C.0 ~_ .+ r O rn ~ o ~ o ~ v m ~ ~ rn n D c ~ ~; o p < c~ ~: ~ cD ~ ~, c~ ~ O y ~ 3 ~ y 3. '~ y C D _ n D o o ~^ y ~ r C ~ ~ m D ~ m ~ m ~ x ~ ~ a r: c Efl Eta Efl 69 69 ~ O O 'O ~ ~ ~ ~ i C y ^' O=ZV O aro~c~ O ~~mz m~~ ~~~m mmrn ~ ~ D c7~ mD m ~~~ n ~~ sr ~~- m m; rt 0 a a r m v m z ~ `'nw W "' 1 p. O m ~ ~ ~ ~ D y ~ y y ~ ~~~~o m O O O O ~ ~ ~ ~ z ~n m 30 mD c 3z ~ m Z ~ ~ M T1 ~ ~ -~ n f<1 v -~ O y ~ O O1 O :~ :-- ~v Q S~ i O c: ~, MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. HB4 REQUEST: Budget Amendment for $150 000.00 Reallocation of Funds from Waste Water Treatment Plant (WWTPI Clarifier to Turbo Blowers and Aeration Basin Air Efficiency Improvements AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Attacl OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. m ~ ~ `~ ~ .* ~ ~oa~~ O ~ 3 ~ e=D Q ~ ? 0 " Q ~d~~ aco p 3 °'~o'Q° 3 3 ~ C a o; ~ L _ ~ ~ ~. 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H C't ~ 01 ~ ~ N a ;< ~ °: O ~ ~ Q _ c 0 n 0 r ~ m H~-y V H z .,.. ~ ~ ~ ~ U U C = O a ii ~ ~ V 'uc-. `'I ^ ~ ~ o 0 W Z Z o oa~ N a } } 0 Z aNi } N N n~ o~ ~o ~o o .V ~ N a ~ `~ ~ _ } ~ ~ ~ N ~ LL ~ W p D }, W D C J ~ ~ •~ .~ 0 ~ J Z 'C 'V f6 C S Q ~ U 'c .N m m .__I ¢wcn ~ W Q ~ Q d U Q ~ w c ~°-~ ~ ~am U ~' c gi C ~ O d a Q ~ '` i= ~~ - O °' ~- o z ~ W ~ zp Z z 0 W W ~ W O (~ V m J c ~+`'® N D U _ C C N v J ~ ~ j Z ~ U ~ O O U O } _ oz~ ~ = M 3 O C Q C O `5t °' i ~ i ~ ~ fl w ~ C 0 W ~- w ~ o r ~ o a 0 ~ ~~ ~ ~ a ~ °' ~ ~ ~ ~ ~ ° g `° `° w 0 ~ d V O H O Ct ~ N M ~ ~ ~ m O N O M ~ N O M N 0 N 0 N V V ~ ~ e- ~ ~ ~ ~ d' A d' N et N ~ Q 0 Z r ~ C6 _~ 0 Q n Q ~ U C 0 r~ U ~ O ~' I °? m ~~~~~~ ~, ~ ~, rn U ~ w ~ ~ c ~~go~ ~~~ ~ ~~ ~~ ~ ~ o_a,Q ~o .~~~~ 0 ~~~~~ .c~~~~ o o- ~~ ~~~Y ° °>, o O ~ 7 C y ~ ~ ~~ ~ ~, a .y c N O ~ ~ R o~~ L .~ ~ `~, .~ c ~ ~ -~ Q ~ U c m ~ a> ~ c U Q ~ i~ ~ ~ gN 0 S g O d w K W ~ ~ ~ w ~ c [~! a ~ ` ~ ~ ~ w ,~ ~~ .; < a' y ~ ~ d ' ~ ~"' , ' , ~~ V w ~ ~~„ o ~ 1 ~ ~ ~ ' f1~ r +aiS- , ,.}. ~ 0 pu_ ~ 1- G C~ ~ C9 d V C l0 .Q C ~`o or'b 1f1 N '~ ~ H ~~ Y ~~ ~ u~i -~ ~ Z Ct .:- } J~ S ~ .,i17 j r, ~ ~ C ~~ ~` ~ ~ ~ ~ ~ ~ p e V H ~ m z ... D1 C ~ O t ~ ~~ R 'O ~ w ~ ~ O ~ ~ m~ L ~., w3 ~~ ~ ~ c ~ m ~~ . ~ a~ w ~ ,as ~ o d ~ R H ~ C m V MERIDIAN CITY COUNCIL MEETING APPLICANT April 27, 2010 ITEM NO. $B5 REQUEST: Line Item Reallocation of Funds from Sewer Line Extensions to Downtown Urban Renewal in the Amount of $260.000.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Attacl OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. O ~F ~- 3 N Q 7 0. ~ ~ is ~ N ~ LL ~ a~ a a~ 0.' C Z O Q U O N~_ ~ {J ~ W ~ ~~ ~-- ~ ~ O J O O V c~ ~ m 3 ~ ~ ~ , ~ r g co - c 00 ~ O •m:: Q ~ ~ m n '''' ~ ~ °° c ~ .J ~_ ~ , V ~ ~ C L W G {O _ _ 3 ~ ~ ~ /!~ V l0 ® ~ e' F A as ~ ~ ~ i ~~ Y ~ •x c UY H ~ o ~ ~ Q ~ ~.~ ~ ~~ .~ ;4 o° ~ O O ® N ro m ~ N ~ p N ~ '-L° c O O ... O ~S ~ M .:c f,P,x c7 ~ Q• °"- Ol ~. ,. -. N ~ m a ~; ~ ~ N V ~ LL _ Opo r ~ I ~ J a 0 C1 ~ l - Q j. ~ ~y ~,.5- 0 r ono rn' O ~ V V ~ Q ~ O U O C O O ~ O ~ ~ v Q. p. ° U c N IO (O L ~ ~ V ~ O ~ ~ O O d (6 "y J ~ N O~ p O J ~ cam'-~~ a ~~ U C~ ~ "O Q U co LL N w c p ~ 3 o ~ ~``~ Q _ O ~ O O i N ~ ~ ~ ~ ~ ~ U ai °- 3 ° > p ~ p Q ^, ~ V/ // ~~ C ~ V ~' ~ c C Q G c6 ~ O ~ ' .3 m ' - ~ .U O L ~ o _ v =U 4 ~ ~ c 3 ~ c ~ ~ O O i~ `N Q N N U 1 \ J J t0 ~ `r a ~ U ~ ~ . ~ ~ ~ U ~ ~ U ~ cp O ~ O L ~ ~ ~ U ~ ~ ~ ~ ~ ~ N ~ N L ~ ~ ~ , O `1, 0 N ~~ Q ~ N N ~ ~ C ,p C .~ N N "~ O ~ °~ a i n ~ ` O ~ ~ o .~ U i ~ ~ ~ N C'_-+ ~ O ++ ~ ~ ~ N ~ Q _ ~ 1 . ~ ~ 3 ~ ~ ~ ~ ~~ ~ c c c m ~ O a U U U ~~ a ~ ~ Q n. n. a. MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. BC REQUEST: Discussion of Dirt Removal vs. Mining AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached v Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING April 27, 2010 APPLICANT ITEM NO. $D REQUEST• Budaet Amendment for Spendina Authority of Grant Funds for a Not to Exceed Amount of $38,320.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY PUBLIC WORKS: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. nW ~/S C W N3 0 m ~' ~ a o ~ =• ~ co, fit ~ ~ ~ ~ ~ ~. m o 3 ~ ~ a as C p ~ O ~3 O `G ~ n > d~ o d 3 ~d a~ ~ O to ? ~ ~ O p~ _~ O S O 0 ~. 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N ~ 'o ~ o c ~ a ~m~~ Z O O O cn ~ ~ z D n m z~~ N ~ n sy ? o fD T J ~ m v I~a ~~ ~ ~~ `° ~ N o O o ~ ~ ~ o C ~\`- ~ < ~\ 0 :' '~ d `~ Z «a L J -, -9y ,,~ ~ *ry F~~'~'l4rti;in+'`' ~ ° g O O . ; ~ o: r ~ ~ ..1 ~' m ~ ~ ~ % w .. ~ ~ ° ~ ~ ~ ~ ~ ~ ~ x ~ ~ .. w a a a ~` c c om N N /! t M d) EA iR ~ w 3 aWO -~ ~. n i m r ° ~ x o o o o N ~ O m x m ~//~~', N ~/,, ^ /1 _ ~i ~i '~ Z i O; o T Y o'~ c".. ~... ~L" I~ o '`~ e 0 m to Wn ^C ~ V/ O m3 ~m D 30 ZD vZ m Z ~3 '~ rt m n z c °, m O H ri O 3 fA oroD~n 0 c ~ ~ m r ~ DC7r ~~m nt cn rn ~ a r t S ~ v 0 ~ ~ ~_ _r tp ~' v~ O ~ ~' ~ ~ ~ ~p ~ m ~ m p ~~ ~ ~ I1Nx' J~ 0 0 0 ^ ^ ^ r~ D C7 Z SO r m m _~! 'C W d ~ M 0 ~o D .D O m Z r Memorandum Meridian Police Department April 5, 2010 Since October 1, 2009, the Meridian Mayor's Anti-Drug Coalition has been very fortunate to receive funds above and beyond the spending authority we were granted for this fiscal year. These funds have come as a result of federal grant carryover funds, award money, a federal stipend, and private donations. As a result, we are requesting that the MADC be granted spending authority for these additional monies. Drug Free Communities Federal Grant Carryover $32,440 $3,282 -20.2135.57200.5010 { $1,855 -20.2135.51300.5010 ~ $19,070 -20.2135.55000.5010 $5,942 -20.2135.57400.5010 r $2,271 -20.2135.57500.5010 ~~ $20 -20.2135.56102.5010 TO: FROM: REFERENCE: Lt. John Overton Elisha Figueroa Spending Authority for MADC funds Northwest Police and Fire Games NASADAD Exemplary Award $3,000 -20.2135.55000.5011 $1,500 $29 -20.2135.57101.5011 $634 -20.2135.x.5011 C~a<<l0 $837 -20.2135.55000.5011 SAMHSA Town Hall Stipend Kiwanis Meridian Middle School Teachers Banner Bank Micro 100 Upchurch Inc. Meridian Ford DBA Open Lines TOTAL $500 -20.2135.55000.5011 $125 -20.2135.57400.5011 $110 -20.2135.57101.5011 fS~~t° $100 -20.213 .60102. 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