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HomeMy WebLinkAbout2010-06-22r CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 22, 2010 at 7:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. May 4, 2010 City Council Pre -Council Meeting Minutes B. June 1, 2010 City Council Regular Meeting Minutes C. June 3, 2010 City Council Special Meeting Minutes D. Legal Department - Budget Amendment for Contracted Legal Services E. Memorandum of Understanding Between the City of Meridian and the Meridian Speedway Regarding the Joint Presentation of the July 4, 2010 Event F. Memorandum of Understanding - Emergency Management Services Advisory Council. Meridian City Council Meeting Agenda — Tuesday, June 22, 2010 Page 1 of 5 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. G. Meridian School Resource Officer Agreement H. Professional Services Agreement with Steve Hobbs - Musical Talent for Concerts on Broadway for an Amount Not -To - Exceed $1,312.80 Vacated I. Artist Acceptance Agreement for Initial Point Gallery - Dwight Williams J. Agreement for Independent Contractor Services with Alta Construction, Inc. for Well 28 Pumping Facilities Construction for A Not -To -Exceed Amount of $351,105.00 K. License Agreement with the Bureau of Reclamation to Cross the McDonald Lateral, Located in the SW 1/4 SW 1/4, Sec. 21, and in the NW 1/4, Sec. 28, T. 3N., R. 1 E., B.B., with a 12 -inch Water Line and an 8 -inch Sewer Line in Conjunction with the Ada County Highway District Eagle/Victory Intersection Project. The License Agreement Requires a Fee of $200.00 Which was Included in the City Council Approved FY 2010 Budget. L. MDA 10-004: Third Addendum to Development Agreement for The Tree Farm by Spurwing Greens, LLC Located North Side of Chinden Boulevard on Both Sides of Black Cat Road, West of Spurwing Subdivision: To Remove a Provision from the Recorded Development Agreements (Inst. #106151218, #107025555, #107141993) Associated with The Tree Farm Annexation (AZ 06-004 and AZ 06-050) and Include a New Provision to Allow the Construction of a Tennis Court Facility and Related Site Improvements M. Findings of Fact and Conclusions of Law for Approval: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter-day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request to Remove the Five Twelve Subdivision From the Recorded Development Agreement (Inst. #1061511232) N. Resolution No. 10-730: A Resolution Revising the Secondary Employment Policy of the City of Meridian Police Department Policy and Procedures Manual Including the Hiring of On -Duty Officers by Private Parties, (MPD SOP 2-6-9) Meridian City Council Meeting Agenda — Tuesday, June 22, 2010 Page 2 of 5 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. O. Resolution No. 10-731: A Resolution of the Mayor and City Council Adopting the Interagency Governmental Agreement for Waiver of Cost and Fees with the Ada County Highway District Moved to Item 6A on Regular Agenda - Approved P. Resolution No. 10-732: A Resolution by the Mayor and City Council Adopting the Energy Efficiency Conservation Strategy (EECS) Q. Amended onto the Agenda: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter-day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request to Remove the Five Twelve Subdivision From the Recorded Development Agreement (Inst. #1061511232) 6. Items Moved From Consent Agenda A. Item 50 Moved to Regular Agenda - Approved 7. Action Items A. Continued Public Hearing From June 1, 2010: PFP 10-002 Freedomworks Subdivision by Wally Morgas Located Southwest Corner of W. Overland Road and South Stoddard Road: Request for Approval of a Combined Preliminary / Final Plat Consisting of 3 Building Lots on 11.91 Acres of Land in a C -G Zoning District Approved B. Public Hearing TE 10-016 Trilogy Subdivision by Conger Management Group Located 4325 W. Chinden Boulevard: Request for Approval of an 18 month Time Extension to Obtain the City Engineer's Signature on the First Final Plat Continued to July 6, 2010 C. Open Public Hearing and Comment Period Regarding the Draft 2010 Community Development Block Grant (CDBG) Action Plan D. VAC 10-004 Gramercy Subdivision No. 1 by Gramercy, LLC Located at Southside of Overland Road, East of Wells Avenue: Request for Vacation of the 20' x 20' Public Domestic Water and Sewer Easement Platted on Lots 1 and 2, Block 2 Vacated Meridian City Council Meeting Agenda — Tuesday, June 22, 2010 Page 3 of 5 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. 8. Department Reports A. Mayor's Office: 1. Economic Development Update 2. Budget Amendment for Meridian Business Day IV for a Not to Exceed Amount of $6,000.00 Approved 3. Budget Amendment for State of the City Budget for a Not to Exceed Amount of $3,570.00 Approved 4. Budget Amendment for Meridian Arts Commission for a Not to Exceed Amount of $4,500.00 Approved 5. Budget Amendment for Mayor's Youth Advisory Council for a Not to Exceed Amount of $6,060.00 Approved B. Legal Department: Sewer and Service Agreement Between the City of Meridian and Coleman Homes, LLC. Approved C. Joint Department Report: Development Services and Legal Department - Discussion with Council Regarding the Time Extension Conditions for Cavanaugh Ridge Approved D. Reimbursement Agreement Regarding the Irrigation Pump Station for the Split Corridor Project Phase One Landscaping, Between Meridian Development Corporation and the City of Meridian Approved E. Parks and Recreation Department 1. Budget Amendment for Forestry Stimulus Grant for a Not to Exceed Amount of $44,500.00 Approved 2. Budget Amendment for 8th Street Park Funds Transfer to Borup Dog Park for a Not to Exceed Amount of $52,800.00 Motion Failed 3. Budget Amendment for Split Corridor Pump Station for a Not to Exceed Amount of $55,000.00 Approved 9. Ordinances Meridian City Council Meeting Agenda — Tuesday, June 22, 2010 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. SECOND and THIRD READING Ordinance No. 10-1450: An Ordinance Repealing Title 4, Chapter 1, Meridian City Code, Related to: Title, Purpose and Intent; Definitions; Compulsory Use Required: Enforcement Authority; Franchise Agreement; Bond; Rules and Regulations; Solid Waste Advisory Commission Established; Fees; Collection of Solid Waste and Recyclable Materials; Special Collection Services and Specific Collection Standards; Prohibitions; Nuisance Declared; Penalty; Severability; and Providing and Effective Date Approved Adjourned at 8:41 p.m. Meridian City Council Meeting Agenda — Tuesday, June 22, 2010 Page 5 of 5 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. CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 22, 2010 at 7:00 PM 1' 0t (''4A 1. Roll -Call Attendance David Zaremba Brad Hoaglun Charlie Rountree -`� Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance 6""3. Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center v-'4. Adoption of the Agenda Ad /5. Consent Agenda A. May 4, 2010 City Council Pre -Council Meeting Minutes B. June 1, 2010 City Council Regular Meeting Minutes C. June 3, 2010 City Council Special Meeting Minutes D. Legal Department - Budget Amendment for Contracted Legal Services E. Memorandum of Understanding Between the City of Meridian and the Meridian Speedway Regarding the Joint Presentation of the July 4, 2010 Event F. Memorandum of Understanding - Emergency Management Services Advisory Council. Meridian City Council Meeting Agenda — Tuesday, June 22, 2010 Page 1 of 5 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. G. Meridian School Resource Officer Agreement �H. Professional Services Agreement with Steve Hobbs - Musical Talent for Concerts on Broadway for an Amount Not -To - Exceed $1,312.80 Staff Request to Vacate V I. Artist Acceptance Agreement for Initial Point Gallery - Dwight Williams J. Agreement for Independent Contractor Services with Alta Construction, Inc. for Well 28 Pumping Facilities Construction for A Not -To -Exceed Amount of $351,105.00 K. License Agreement with the Bureau of Reclamation to Cross the McDonald Lateral, Located in the SW 1/4 SW 1/4, Sec. 21, and in the NW 1/4, Sec. 28, T. 3N., R. 1 E., B.B., with a 12 -inch Water Line and an 8 -inch Sewer Line in Conjunction with the Ada County Highway District Eagle/Victory Intersection Project. The License Agreement Requires a Fee of $200.00 Which was Included in the City Council Approved FY 2010 Budget. L. MDA 10-004: Third Addendum to Development Agreement for The Tree Farm by Spurwing Greens, LLC Located North Side of Chinden Boulevard on Both Sides of Black Cat Road, West of Spurwing Subdivision: To Remove a Provision from the Recorded Development Agreements (Inst. #106151218, #107025555, #107141993) Associated with The Tree Farm Annexation (AZ 06-004 and AZ 06-050) and Include a New Provision to Allow the Construction of a Tennis Court Facility and Related Site Improvements M. Findings of Fact and Conclusions of Law for Approval: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter-day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request to Remove the Five Twelve Subdivision From the Recorded Development Agreement (Inst. #1061511232) N. Resolution No. Proposed # 10-730: A Resolution Revising the Secondary Employment Policy of the City of Meridian Police Department Policy and Procedures Manual Including the Hiring of On -Duty Officers by Private Parties, (MPD SOP 2-6-9) Meridian City Council Meeting Agenda — Tuesday, June 22, 2010 Page 2 of 5 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. M Resolution No. Proposed # 10-731: A Resolution of the Mayor and City Council Adopting the Interagency Governmental Agreement for Waiver of Cost and Fees with the Ada County Highway District Request to Remove this from Consent and Move it to the Regular Agenda for Discussion ►wSlot -tz (off) Resolution No. Proposed # 10-732: A Resolution by the Mayor and City Council Adopting the Energy Efficiency Conservation Strategy (EECS) Request to Amend onto the Agenda: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter-day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request to Remove the Five Twelve Subdivision From the Recorded Development Agreement (Inst. #1061511232) ms Moved From Consent Agend 7. Action Items A. 17- Continued Public Hearing From June 1, 2010: PFP 10-002 Casa Freedomworks Subdivision by Wally Morgas Located C(2�( �1 Southwest Corner of W. Overland Road and South Stoddard Road: Request for Approval of a Combined Preliminary / Final Plat Consisting of 3 Building Lots on 11.91 Acres of Land in a C -G Zoning District &r B. Public Hearing TE 10-016 Trilogy Subdivision by Conger Management Group Located 4325 W. Chinden Boulevard: Request for Approval of an 18 month Time Extension to Obtain the City Engineer's Signature on the First Final Pla Request to Continue to July 6, 2010 (�&-a7 "� Jai aA 12A-t;� ✓C - Open Public Hearing and Comment Period Regarding the Draft 2010 Communit Development Block Grant CDBG) Action Plan 0-,-,k4tcQ-i'%�-�--�— D. VAC 10-004 Gramercy Subdivision No. 1 by Gramercy, LLC Located at Southside of Overland Road, East of Wells Avenue: Request for Vacation of the 20' x 20' Public Domestic Water and Sewer Easement Platted on Lots 1 and 2, Block 2 Staff Request to Vacate and Will be Noticed for luly 27, 2010 Meridian City Council Meeting Agenda — Tuesday, June 22, 2010 Page 3 of 5 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. 8. Departrnent Reports A. Mayor's Office: 1. Economic Development Update 2. Budget Amendment for Meridian Business Day IV for a Not to Exceed Amount of $6,000.00 3. Budget Amendment for State of the City Budget for a Not to Exceed Amount of $3,570.00 .� 4. Budget Amendment for Meridian Arts Commission for a Not to Exceed Amount of $4,500.00 5. Budget Amendment for Mayor's Youth Advisory Council for a Not to Exceed Amount of $6,060.00 B. Legal Department: Sewer and Service Agreement Between the City of Meridian and Coleman Homes, LLC. Req»e C. Joint Department Report: Development Services and Legal Department - Discussion with Council Regarding the Time Extension Conditions for Cavanau 417de � D. Reimbursement 'Agreement Re arding the Irrigation Pump Station for the Split Corridor Project Phase One Landscaping, Between Meridian Development Corp ration and the City of Meridian C lin-cam-/ E. Parks and Recreation Department 1. Budget Amendment for Forestry Stimulus Grant f9r a/ �L , Not to Exceed Amount of $44,500.00 #il-- 2. Budget Amendment for 8th Street Park Funds Transfer to Borup Dog Park for Not/ ato EEx�c a Amount of $52,800.00 fp' l CJ 7 3. Budget Amendment for Split Corridor Pump Station fo awl Not to Exceed Amount of $55,000.00 -t Wom,,C-/ A 9. Ordinances Meridian City Council Meeting Agenda — Tuesday, June 22, 2010 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. SECOND and THIRD READING Ordinance No. Proposed # 10- 1450: An Ordinance Repealing Title 4, Chapter 1, Meridian City Code, Related to: Title, Purpose and Intent; Definitions; Compulsory Use Required: Enforcement Authority; Franchise Agreement; Bond; Rules and Regulations; Solid Waste Advisory Commission Established; Fees; Collection of Solid Waste and Recyclable Materials; Special Collection Services and Specific Collection Standards; Prohibitions; Nuisance Declared; Penalty; Severability; anq gr9viding and Effective Date. Meridian City Council Meeting Agenda — Tuesday, June 22, 2010 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting June 22, 2010 A Council meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, June 22, 2010, by 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, Pete Friedman, Bruce Freckleton, Warren Stewart, Matt Ellsworth, Steve Siddoway, James Leslie, Mark Niemeyer, Robert Simison, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Zaremba: Good evening, ladies and gentlemen. I'll call to order this regular meeting of the Meridian City Council. It is Tuesday, June 22nd, and it is just 7:00 o'clock. We will begin our meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance Zaremba: Thank you. Next on the agenda is the Pledge of Allegiance. If you will all, please, rise. We will be led by Boy Scout Troop 600 from the Autumn Faire Ward of the Church of Jesus Christ of Latter -Day Saints, led by David Swenson. If you want to come forward. (Pledge of Allegiance recited.) Zaremba: Thank you. If the three of you would step up here for just a second. Thank you very much. Item 3: Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center Zaremba: Next on our agenda is the community invocation, which will be led by Pastor Gordon Slyter of the Treasure Valley Worship Center. We invite you to join us in the invocation or to take this as an opportunity for silent reflection of your own. Pastor, thank you. Meridian City Council June 22, 2010 Page 2 of 40 Slyter: Let us pray. Our God and Father, we thank you for your kind and gracious hand upon our city and its community life. May those who call Meridian their home enjoy the peace and stability that allows them to live quiet and dignified lives. And we pray tonight for those who lead and serve our community, remembering your own example, Lord Jesus, when you took a towel and a basin of water and went around the table and washed your own disciples' feet, teaching them that the greatest leader is also a servant. Help us to remember, Lord, that as we lead we are called to serve. Give us the wisdom, the grace, the foresight and the understanding to do that. So, bless these who will deliberate here tonight and we pray that your hand would be upon all of the proceedings that take place, in Jesus' name, amen. Item 4: Adoption of the Agenda. Zaremba: Thank you. Next on the agenda is the adoption of the agenda Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: We have a couple items we need to go through before we adopt the agenda and under the Consent Agenda, Item 5-H, staff is requesting that we vacate that item from the Consent Agenda. Under 5-N, that resolution is 10-730. Under O, the resolution is 10-731. And there is a request to move this from the Consent and move it to the regular agenda for discussion. Item P is resolution number 10-732 and we are adding item Q, which is MDA 10-005, 512 Subdivision by Church of Jesus Christ of Latter -Day Saints, located on the west side of Stoddard, midway between Overland and Victory Road, request to remove the 512 subdivision from recorded development agreement. And under Item 6, as noted, we are moving Item 5-0, proposed resolution number 10-731, to that agenda item. Under Item 7, 7-13, we have a request to continue that public hearing to July 6th, 2010. Item 7-D, staff requests to vacate. It will be noticed for July 27th, 2010. Under Item 8, Department Reports, right off the top we will hear from the Planning Department from Pete Friedman, so we are adding that. And under Item 9, ordinances, we have the second and third reading of ordinance number 10-1450. And with that, Mr. President, I move adoption of the agenda. Rountree: Second. Zaremba: We have a motion and a second to adopt the agenda as amended. All in favor say aye. Any opposed? That motion carries. Thank you. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda. A. May 4, 2010 City Council Pre -Council Meeting Minutes Meridian City Council June 22, 2010 Page 3 of 40 B. June 1, 2010 City Council Regular Meeting Minutes C. June 3, 2010 City Council Special Meeting Minutes D. Legal Department - Budget Amendment for Contracted Legal Services E. Memorandum of Understanding Between the City of Meridian and the Meridian Speedway Regarding the Joint Presentation of the July 4, 2010 Event F. Memorandum of Understanding - Emergency Management Services Advisory Council. G. Meridian School Resource Officer Agreement I. Artist Acceptance Agreement for Initial Point Gallery - Dwight Williams J. Agreement for Independent Contractor Services with Alta Construction, Inc. for Well 28 Pumping Facilities Construction for A Not -To -Exceed Amount of $351,105.00 K. License Agreement with the Bureau of Reclamation to Cross the McDonald Lateral, Located in the SW 1/4 SW 1/4, Sec. 21, and in the NW 1/4, Sec. 28, T. 3N., R. 1 E., B.B., with a 12 -inch Water Line and an 8 -inch Sewer Line in Conjunction with the Ada County Highway District Eagle/Victory Intersection Project. The License Agreement Requires a Fee of $200.00 Which was Included in the City Council Approved FY 2010 Budget. L. MDA 10-004: Third Addendum to Development Agreement for The Tree Farm by Spurwing Greens, LLC Located North Side of Chinden Boulevard on Both Sides of Black Cat Road, West of Spurwing Subdivision: To Remove a Provision from the Recorded Development Agreements (Inst. #106151218, #107025555, #107141993) Associated with The Tree Farm Annexation (AZ 06-004 and AZ 06-050) and Include a New Provision to Allow the Construction of a Tennis Court Facility and Related Site Improvements M. Findings of Fact and Conclusions of Law for Approval: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter-day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request to Meridian City Council June 22, 2010 Page 4 of 40 Remove the Five Twelve Subdivision From the Recorded Development Agreement (Inst. #1061511232) N. Resolution No. 10-730: A Resolution Revising the Secondary Employment Policy of the City of Meridian Police Department Policy and Procedures Manual Including the Hiring of On -Duty Officers by Private Parties, (MPD SOP 2-6-9) O. Resolution No. 10-731: A Resolution of the Mayor and City Council Adopting the Interagency Governmental Agreement for Waiver of Cost and Fees with the Ada County Highway District Moved to Item 6A on Regular Agenda - Approved P. Resolution No. 10-732: A Resolution by the Mayor and City Council Adopting the Energy Efficiency Conservation Strategy (EECS) Q. Amended onto the Agenda: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter-day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request to Remove the Five Twelve Subdivision From the Recorded Development Agreement (Inst. #1061511232) Zaremba: Next item is the Consent Agenda. Hoaglun: And Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: On the Consent Agenda as noted, Item H, the Professional Services Agreement with Steve Hobbs, the staff is requesting that we vacate that. And also on the Consent Agenda, 5-N, it is resolution number 10-730. Under 5-0 we have moved that resolution number 10-731 off the Consent Agenda and we will discuss that later. Item T is resolution number 10-732 and we have added item MDA 10-005, the 512 Subdivision by Church of Jesus Christ of Latter -Day Saints. So, with that, Mr. President, I move that we approve the Consent Agenda. Rountree: Second. Zaremba: Motion and a second. And, Madam Clerk, will you do roll call, please. Excuse me. Before you do, maker of the motion, is it the intent to authorize the President to sign and the Clerk to attest? Hoaglun: Yes. Thank you, Mr. President. And with that, President will sign and the Clerk to attest. Thank you. Meridian City Council June 22, 2010 Page 5 of 40 Zaremba: Second agrees? Rountree: I agree. Zaremba: Okay. Madam Clerk, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. That motion carries. MOTION CARRIED: ALL AYES. Item 6; Items Moved From Consent Agenda A. Item 50 Moved to Regular Agenda Zaremba: We are going through the pages very fast. All right. We are at Item 6, which is a discussion of what was Item 5-0, resolution 10-731. Nary: Mr. President? Zaremba: Mr. Nary. Nary: Mr. President, Members of the Council, the reason we had asked to have this removed is just to give the Council a brief heads up and a couple of issues. Council's familiar with this, it's the inter -agency agreement with the Ada County Highway District for waiver of cost of fees. You discussed it at your recent joint meeting with them. We didn't have any issues that -- I don't think will change your action tonight, but we wanted to make you aware that we -- in discussing it yesterday among the staff we were looking at implementation of this particular direction. One of the things we wanted to make you aware is that we will -- through the building department will be attracting any type of these sort of fees that are being waived, so that we will have measure for the Council in the future as to what -- what the cost has been and, additionally, there is a requirement in this agreement that if we were to cancel the agreement we would have to, then, go back over an 18 month period and evaluate what fees should have been paid and, therefore, what fees would, then, have to be paid back to ACHD by canceling this agreement. Secondarily, there is some -- in our discussion yesterday this agreement doesn't incorporate any information or any direction in regards to our contracted inspectors. They don't come into play very often with ACHD projects, but Public Works is currently working on a subsequent agreement with ACHD that would deal with that. Mr. Stewart I think could probably address that for you briefly and, then, I have just got a couple of other things to mention before we move on. Zaremba: Warren. Meridian City Council June 22, 2010 Page 6 of 40 Stewart: President, Members of the Council, the Public Works Department, specifically engineering, has been working with ACHD to develop a memorandum of understanding to address a few issues that have come up over the past few months, kind of put these things to rest, and we are planning to come before you on the 13th at the regular workshop and present the information in that memorandum of understanding. But one thing that may play into this is we have -- one of the issues that's come up that we are trying to resolve is the situation where our inspectors, our regular Public Works inspectors, would be requested to come out on a job site and do inspection work after hours. Our ordinance normally calls for us to charge an after hours fee, an additional fee for after hours inspection. ACHD is, you know, not too excited about that. There is a lot of different things that come to play when that happens. We will be bringing that forward before you in discussing that a little bit more, getting your feedback and getting your direction for us as we prepare that memorandum of understanding, but that particular fee may play into this agreement a little bit as well. Just wanted to make sure that you were aware of that. Zaremba: Okay. Thank you. Nary: And, lastly, Mr. President, Members of the Council, just want to, again, give you a heads up on this. We are exploring whether or not this is a viable type of arrangement we can make with any other governmental entity and from a staff discussion -- and, obviously, we would have this further discussion with you when the Mayor is present as well -- this was very specific to ACHD and in trying to evaluate the city's needs and the city's -- the impact of the city's full staff, administrative, as well as cost, this seems like a very good relationship of -- type of agreement to have. The balance between what the city's impacts are financially and ACHD's seem to pencil out in a very positive -- or positive way for the city, but it is really very specifically, because ACHD, essentially, doesn't construct buildings and that's probably the biggest impact to the city if we were to look at other entities at how that would impact us, is how to offset both the inspector issues, the plan reviews, those types of things. But we did have that discussion, again, in the future. We just wanted to make sure it was clear on the record for the public that this -- this agreement was really geared specifically to ACHD and their inner workings with the city and like Mr. Stewart said, there has been other issues that will, hopefully, get ironed out in a separate agreement. Zaremba: And we could do those as an addendum or -- Nary: Yeah. This contemplates other agreements may exist, so any other agreements may simply reference this one, if necessary. But, yeah, we can go forward on this one as it is. Zaremba: Okay. Council, any discussion? I would entertain a motion. Rountree: Mr. President? Zaremba: Mr. Rountree. Meridian City Council June 22, 2010 Page 7 of 40 Rountree: I move that we approve Item 5-0, 10-731. Bird: Second. Zaremba: I have discussion, which I should have mentioned earlier. I am aware that ACHD approved this on their Consent Agenda about 13 days ago. Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. The motion carries. MOTION CARRIED: ALL AYES. Item 7: Action Items A. Continued Public Hearing From June 1, 2010: PFP 10-002 Freedomworks Subdivision by Wally Morgas Located Southwest Corner of W. Overland Road and South Stoddard Road: Request for Approval of a Combined Preliminary / Final Plat Consisting of 3 Building Lots on 11.91 Acres of Land in a C -G Zoning District Zaremba: All right. That brings us to the first of our action items and I will open the continued public hearing for PFP 10-002 and start with the staff report. Friedman: Thank you, Council President Zaremba, Members of the Council. This is a combined preliminary/final plat for Freedom Works. The subject site is located at the corner of Overland Road and Stoddard Road. By way of background, the property was actually annexed and zoned and given a Conditional Use Permit for a planned development back in 2004 and at that time it was contemplated that there would be nine mini -storage buildings, 3,200 square foot office retail building, 1,600 square foot care taking apartment and indoor storage building. In addition, also approved was a concept to build 27,000 square feet of office retail space at the corner. In 2007 the CUP and the planned development were modified to allow for a single story 15,000 foot -- square foot retail building and the addition of 3,000 square feet of existing storage building. So, what is out there, really, is the Venga Works building and the Freedom Storage building and so the applicants have come in and what they would like to do is -- or what they propose is this three lot subdivision. On Lot 1 you would have Venga Works. Lot 2 you would have the storage unit. And, then, at the corner you would have a future site to be developed. The conditions of the previous approvals require that a Conditional Use Permit will be necessary to develop that lot. The access to the site currently is through just the one existing access off of Overland Road. The applicants have requested that the Council grant a second right -in, right -out access on Stoddard Road. As Council knows, our UDC restricts access from arterials and directs them to be taken from a local street. However, there is no local street there. So, under the provisions of the UDC Meridian City Council June 22, 2010 Page 8 of 40 normally access would be taken via a cross -access easement between the future three lots and the applicants have requested that the Council waive that restriction. They are proposing a right -in, right -out, on Stoddard Road. Currently here is the existing access. There is an emergency access for the fire department farther down Stoddard Road, but proposed access that the applicant has requested is further to the north on what will be Lot 3. See if we have a -- there is a little close up of what they are proposing. At the Commission hearing the applicants, represented by Laren Bailey, spoke in favor of the application. There was no opposition. There was no one neutral. There was no written testimony. And the Commission did not identify any key items to be discussed, nor were there any changes to the staff recommendation, so, really, the outstanding issue is the requested access to Stoddard Road and that was written testimony that we did receive since the Planning Commission hearing was included in your packet. So, in summary, that is the recommendation from the Planning Commission and I would be happy to answer any questions. Zaremba: Council, any questions? Mr. Rountree? Rountree: Mr. President, this goes back six years and I don't know how good my memory is, but as I recall that there was a stipulation with this annexation that there was to be some type of an amenity or feature on the corner of Overland and Stoddard. I see a landscape buffer and berm, which is consistent with our ordinance. But I don't see anything on the plat that indicates that. Nor have we seen anything with the development that's occurred out there that there is any indication of anything that's going happen there. What's the status of that and maybe the question is better asked to the applicant. Friedman: Thank you, Council Member Rountree. I think I can answer that question. You're correct, the development agreement required that there were two amenities to be provided on this site. It didn't -- one was to be provided at the corner, as you indicated. I am not certain where the other one was. If you look at the conditions of approval of the plat, it still says that the property must abide by the conditions of the development agreement. I did contact the applicant and let them know that and ask them to convey that to their -- to their owner. I also indicated that we will be looking for that at the time of CZC for the future development of that third lot. Rountree: Thank you. Zaremba: Any other questions? Okay. And I note that ACHD apparently has considered the access that they are requesting on Stoddard and it meets their requirement, the distance from the intersection and all that sort of stuff. Friedman: Council President Zaremba, Council Members, in fact, I believe ACHD has approved that access -- the access that they have requested. Zaremba: Okay. Thank you. All right. Is the applicant here? State your name and address for the record. Welcome. Meridian City Council June 22, 2010 Page 9 of 40 Bailey: Good evening. My name is Laren Bailey, representing LEI Engineers and Surveyors, on behalf of Freedom Works this evening. My address is 2040 South Eagle Road, Meridian, Idaho. 83642. Council, tonight, as Mr. Friedman indicated, I think the -- really, the only item is that access. As indicated, we have worked with ACHD and have met all of their requirements as far as spacing and access. They will require us to put in a raised six inch median to force that into a right -in, right -out. I think that will also alleviate the issue with lining up with the access across the street. Beyond that I did bring some examples of some other intersections around Meridian that have similar access and similar spacing from the intersection. I can go into that in more detail if you would like or I can just stand for questions. Zaremba: Council, any questions? Rountree: I have none. Hoaglun: Mr. President? Just a quick question. The only reason for that right -in, right - out access is that way you don't have to turn right -- if you want to go to -- up to Victory or that way, you can just exit that way, as opposed to going out to Overland and, then, right on Stoddard. And also the ability to turn left at the light, than to make the right; is that -- Bailey: Correct. I think -- I think more importantly, it's just the safety aspect of using the light, so you're not turning -- if you are headed eastbound you're not turning across traffic on Overland to get into the site. I think it makes it flow better and from a traffic safety standpoint I think it's a better situation. Hoaglun: Yeah. Thank you. Bailey: Okay. Zaremba: All right. Thank you. Bailey: Okay. Thanks. Zaremba: This is a public hearing. I don't have anybody signed up to testify, but you're certainly welcome to and this would be the time, if anybody has any other comments to add. Seeing none, any further comments from staff? Friedman: No. Zaremba: Okay. Council, discussion? Motion? Rountree: Mr. President? Zaremba: Mr. Rountree. Meridian City Council June 22, 2010 Page 10 of 40 Rountree: I move that we close the public hearing on Item 7-A. Bird: Second. Zaremba: We have a motion and a second to close the public hearing. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: ALL AYES. Rountree: Mr. President, I move that we approve PFP 10-002 for Freedom Works Subdivision. Bird: Second. Zaremba: And are you -- Rountree: With the access -- Zaremba: Specified with the access -- right -in, right -out access. Bird: Second agrees. Zaremba: Thank you. We have a motion and second. Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. Motion carries. Thank you very much. MOTION CARRIED: ALL AYES. B. Public Hearing TE 10-016 Trilogy Subdivision by Conger Management Group Located 4325 W. Chinden Boulevard: Request for Approval of an 18 month Time Extension to Obtain the City Engineer's Signature on the First Final Plat Continued to July 6, 2010 Zaremba: Next item on our agenda is TE 10-016 and there has been a request to continue that to July 6th. Bird: Mr. President, will you open it and, then, we will continue it? I thought I was opening it already. Yeah. I intend to open that one. Public hearing for TE 10-016 is open. Bird: Mr. President? Meridian City Council June 22, 2010 Page 11 of 40 Zaremba: Mr. Bird. Bird: I move that we continue TE 10-016 to July 6th, 2010. Rountree: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? Motion carries unanimously. MOTION CARRIED: ALL AYES. C. Open Public Hearing and Comment Period Regarding the Draft 2010 Community Development Block Grant (CDBG) Action Plan Zaremba: Item C is to open the public hearing and comment period on the action plan and I believe that would be staff. Mr. Ellsworth. Ellsworth: Thank you, Council President, Members of the Council. As City Council is aware, one of the requirements of the city in securing its annual CDBG entitlement each year is to adopt and forward to HUD for review an annual action plan that outlines the different goals, objectives, and action items the city will pursue with that program over the course of the following program year. So, over the last couple of weeks staff has dived in and drafted a plan based in part on public input received during a pre -draft public meeting conducted on May 26th. We were also before City Council June 8th to -- to receive some direction as to what City Council's priorities are. So, to cut to the chase on the action plan staff drafted, the activities on the screen there, the ones proposed for use of next year's funds, 20 percent of the allocation of 274,368 dollars is proposed toward administration, which in addition to staff time managing the day-to-day activities of the program will be devoted to an update of the city's consolidated plan, which is a five year plan that will, basically, set the direction of the program for the -- as I said, next five years. In addition, public facilities project was generally the second top priority identified by City Council as one that the city invested some resources in already to date. That is to construct Five Mile Creek pathway at segment H-1 as identified in the city's plan and improve the creek between Pine and Fairview to the tune of 120,000 dollars. Now, we don't have the exact cost estimates in just yet and we are not one hundred percent sure if that's going to cover the entire amount of construction, but based on the information that was available at the time of the draft we figured that was enough to at least get that project started, with the understanding that some additional funding maybe necessary in a future CDBG program year in order to complete that project. City Council also indicated support for continuing the partnership with the Meridian Food Bank. The maximum amount of funding for public service projects, which -- which is what the Food Bank would fall under, is 15 percent of the total award. So, I think the total would have been 41,000 and change, but we went ahead and proposed 40,000 dollars, which was very close to that 15 percent mark for the Food Bank. In addition, affordable housing is one that the Department of Housing and Urban Meridian City Council June 22, 2010 Page 12 of 40 development identifies as top priority and there is an expectation with the rate some of our activities into the overall framework as established by HUD. So, home ownership assistance is -- is identified for the use of 60,000 dollars or 22 percent of the total award and this year's staff proposes splitting that funding between two separate sub -recipients, the first of which is Ada County Housing Authority to continue the partnerships that the city has enjoyed with them for the last two program years and in addition to award a 20,000 dollar grant to neighborhood housing services to provide similar assistance, the main difference between the two being that Ada County Housing Authority selects eligible home buyers, low, low moderate income home buyers from the Section 8 housing choice voucher program, whereas neighborhood housing service will open up those opportunities to folks who are not currently enrolled in that program. So, we thought it was a great way to build a new partnership with another very solid sub - recipient organization and also to reach a different component of the LMI populations here in Meridian. So, on your screen now is a timeline for actions moving forward toward adoption and submittal to HUD of the 2010 CDBG action plan. The items in gray have, obviously, already occurred per that pre -draft public meeting on May 26th, followed by June 8th, which was the City Council prioritization direction to staff. Staff, then, drafted the action plan. Right now we just presented the draft. The two next items in yellow there are the actions before you this evening. The first is to open a public hearing and received preliminary testimony on the draft, which was released for public review last Friday. And also to open a public comment period, which is our citizen participating plan in compliance with federal regulations mandates at least a 30 day public comment period. We are shooting for the next Council date after that 30 days is closed, which ends August 3rd, to close the public hearings, consider input received during the public hearings and comment periods and two take action on the plan, which would allow staff enough time to go ahead and forward that adopted plan to HUD in order to meet our deadline in the middle of August. So, with that I'll stand for any questions. Zaremba: All right. Thank you. Let's see. If people wish to read the document and comment, it's available on the city's website; is that correct? Ellsworth: President, Members of the Council, that is correct. The city planning department website has a link to community development. It's listed under plan documents on that page. If you have any trouble tracking it down, please, feel free to contact me at the Meridian planning department and we can point you in the right direction. Printed copies of the draft are also available for public review at the city clerk's office, at the Meridian senior center, and also at the Meridian public library up on Fairview. Zaremba: Great. Thank you. I know we have had discussion before. On the housing assistance did we get any closure on whether that will be given within Meridian or is that just given anywhere in the county that HUD and the neighborhood housing authority work? Meridian City Council June 22, 2010 Page 13 of 40 Ellsworth: Council President Zaremba, Members of Council that has come up in the past. We have not formalized in any sub -recipient agreements, but it is expected to purchase a home within Meridian city limits, but the unspoken policy in all the homes purchased to date have been within Meridian city limits. It's a great idea for us to include that in the sub -recipient agreements for this next round of funding. But, as I mentioned, it hasn't come up and informally with the housing authority that's why all purchased to date are within Meridian city limits and that's something that we can formalize, like I said, with the sub -recipient agreements go around. Zaremba: Great. Thank you. Council, any other questions? Bird: I have none. Rountree: I have none. Zaremba: Okay. The action is to open the comment period. It is officially open and comments are welcome until August 3rd. Next item on the agenda is -- I'm sorry? Any further comment? Ellsworth: Mr. President, typically at the intro hearing it's also the second action is to open a public hearing, as well as the public comment period. Zaremba: Yes. Ellsworth: So, it's kind of a matter or process there Zaremba: Okay. That is -- Ellsworth: Thank you. Zaremba: That is what we are doing. Ellsworth: Oh, I'm sorry. Zaremba: Okay. I don't think we need to do anything else. Rountree: There might be testimony. Zaremba: Uh? Rountree: There might be testimony. Zaremba: Oh. Well, actually, you're right, since it is an open public hearing, would anybody care to testify now? You're welcome to send your comments in several different ways, but if you wish to speak we'd love to have you. Please come forward and start with your name and address, please. Meridian City Council June 22, 2010 Page 14 of 40 Rodriquez: My name is Lupe Rodriquez, I'm with the Neighborhood Housing Services. We are located at 1401 Shoreline Drive, Boise, Idaho. And I'm here just to let you know Neighborhood Housing Services likes the draft that's been proposed with no changes. and also just to let you know in 2009 Neighborhood Housing Services assisted 40 families in obtaining home ownership, with an average area median income of about 58 percent. At over 40 families, 17 were at or below 50 percent of the area median income. Four of those families obtained a home here in Meridian. The 40 families utilized federal and local resources in leveraging homeownership assistance. Based on changes it has become more difficult for low moderate income borrowers to obtain mortgage loans, because of a decrease in state and federal and local funding sources. The federal budget grant fund leverage, with other state, federal, and local funding sources will increase approvals for low moderate income borrowers on obtaining home ownership. Thank you. Zaremba: Thank you. Council, any questions? Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: What's the leverage ratio or -- I suspect it varies, but what does it average? Rodriquez: The usual leverage 20 percent. Rountree: Okay. Thank you. Rodriquez: You're welcome. Zaremba: Thank you. Anybody else care to testify? All right. Thank you. The comment period is officially open and will continue until August 3rd. I guess that's -- now we are ready to conclude that. Okay. Thank you. D. VAC 10-004 Gramercy Subdivision No. 1 by Gramercy, LLC Located at Southside of Overland Road, East of Wells Avenue: Request for Vacation of the 20'x 20' Public Domestic Water and Sewer Easement Platted on Lots 1 and 2, Block 2 Zaremba: Next item on the agenda, Item D, is VAC 10-004. With a request to vacate and renotice to July 27th. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I move that we vacate Item 7-D, VAC 10-004. Meridian City Council June 22, 2010 Page 15 of 40 Hoaglun: Second. Zaremba: Motion and a second carries. MOTION CARRIED: ALL AYES. Item 8: Department Reports All in favor say aye. Any opposed? That motion A. Mayor's Office: 1. Economic Development Update 2. Budget Amendment for Meridian Business Day IV for a Not to Exceed Amount of $6,000.00 3. Budget Amendment for State of the City Budget for a Not to Exceed Amount of $3,570.00 4. Budget Amendment for Meridian Arts Commission for a Not to Exceed Amount of $4,500.00 5. Budget Amendment for Mayor's Youth Advisory Council for a Not to Exceed Amount of $6,060.00 Zaremba: We are onto Item 8. Department Reports. And we will begin with the Planning Department, short comment by Mr. Friedman. Friedman: Thank you, President Zaremba, Members of the Council. I have a rather bitter sweet report. I regret to inform you that Matt will be leaving his employment with the city. He's taken another position. Matt's worked for the city for about four and a half years. He's been a valuable employee. He's carried a lot of heavy water on a lot of different projects and has become a master of many things and we will certainly miss him. We are also a little bit torqued off at him, but change happens, and we wish him all the best. The other news is that in addition to him embarking on a new job, he's embarking on another career, he's a new father of a baby girl and so we wish him well on both of his endeavors, so that's the report. Zaremba: Congratulations on the baby girl and we will miss you. That's sad. We have depended on you for many important things. Zaremba: Wish you well in your next endeavor. Ellsworth: Thank you. Yeah. It's been a great experience and I appreciate the opportunity. So, thank you guys. Meridian City Council June 22, 2010 Page 16 of 40 Bird: Thank you, Matt. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I just want to take a moment to express my appreciation for Matt's activity in the planning department. He's been invaluable with land use planning aspects and some of the activities that have gone on there in the past three and a half, four years. He took on the area, the assignment of transportation planning and brought us from doing essentially nothing to being not necessarily on the leading edge, but the cutting edge of transportation knowledge to the Council in planning activities with ACHD and in the citizen advisory groups and he's been key to developing our grant plans and grant administration and for that the community owes him a great deal. I haven't added it up, but it's probably several million dollars that has come to the community with those activities that we would not have had otherwise and it's neat that you got to celebrate your first Father's Day here recently and congratulations there as well. Wish you the best. I'm not sure that knowing where you're going -- it's going to be a challenge and -- but, remember, you always have a home here. Ellsworth: Thank you for those kind words. I appreciate that. Zaremba: I would add that the list of things you have accomplished would be long, but also know you have been very valuable to the Parks and Recreation Department and commission and helped them with a lot of things as well. So, you will be missed by a lot of people on a lot of fronts. Hoaglun: Mr. President. I just want to say publicly, Matt, thank you for everything that you have done. You have done a great job. You will be missed. I can see why Pete said a little torqued, because, yeah, you know, we kind of are, you know, but we understand great opportunities and we just wish you well and do appreciate everything you have done. Thanks. Ellsworth: Thank you. Zaremba: Thank you, Matt. All right. Next will be the Mayor's office. Begin with our economic development update. Brenda, welcome. Sherwood: Good evening. Okay. Council President, Members of the Council, I wanted to start out this evening, first of all, by just saying thank you for this opportunity. It's been an exciting 14 weeks. We have a lot of projects in the pipeline and I only anticipate exciting things to come in the next few months. I wanted to just kind of give you an update of some of the activities that I have been working on since I started. Like any economic development professional, I started out, of course, looking at our resources. I began laying the foundation for my strategic plan. I am in the strategic Meridian City Council June 22, 2010 Page 17 of 40 planning process. We have some great ideas. But at this point our partners and some of the projects are in that mode of confirmation and, then, of course, looking at funding opportunities. So, we have decided that in August we will roll out the strategic plan for the Council, so that they can give approval to that. So, my first few months I spent a great deal of my time aligning my partners and resources and there is a few people -- or a few that I would like to -- there we go -- just kind of point out. These are the partnerships that have been very vital to my acclamation here in Meridian and I'd like to start with the Idaho Department of Commerce. They have been just phenomenal and we have been looking at ways to kind of put together some of the plug and play. When we have a company that comes into the valley and into Meridian being able to provide them with an opportunity of all the resources that are available. So, we have actually -- they took something that I had in Chicago from the Department of Commerce, we went through it, changed things so that we could align with the incentives, so that I was familiar all of them, created a database and a spreadsheet so that when companies come in I can actually crunch the numbers based on how much investment and jobs that they would be creating. So, that's been vital and it's a great tool. Another thing that we have done is created a wonderful portfolio for Meridian for when companies do come in, when they send out the site requests looking for space available for companies and I know that because of that effort we have taken a lot of that burden off of planning and it's really, like I said, created sort of a plug and play when those opportunities arrive. Also, we -- there are actually -- we have been looking at different programming and some of the things that we have available, so, believe it or not, the Department of Commerce has been calling me to let me know what incentives are available and what we can use here in Meridian. So, they have been a great partner. Idaho Department of Labor, obviously -- you know, I came in with this dichotomy of here we are with probably about 25,000 people unemployed in the valley and, yet, I have corporations telling me that they don't have the talent to fulfill some of their engineering positions, things of that nature. So, what I did was started working with the Idaho Department of Labor and sort of cataloging our industries, cataloging our talent, so that when we do put forth our strategic plan we are able to identify what would really fit. The developers -- I'd like to take this opportunity to thank Councilman Bird for doing some of those introductions. We have a great relationship with the developers. We have created a database of the available properties. We also have sort of a database of people to contact when those requests come in. So, when a company calls me for a piece of property that they are looking for, usually that turnaround time is about 24 hours. So, we have moved forward with that. Business leaders have been phenomenal. We are right now identifying an economic development advisory council for me. Through that we are looking at putting together ambassadors of the business community, but also looking for mentorship programs that we can provide to some of our service companies. The FCA -- we are also putting together a portfolio of all the loan programs, which has been vital. A lot of the companies that I have met with have talked about some of the issues that they have had with financing and, then, of course, Idaho National Lab, we have been working with them for new procurement opportunities for companies, so that they could expand their markets. I know there is a few things -- why am I having problems with this. There is a few things that you're all aware of that I kind of wanted to update you on, because I'm sure you're kind of curious what's going on. The Boise Valley Economic Partnership, Meridian City Council June 22, 2010 Page 18 of 40 there is an overall consensus that there is the need for a regional development corporation, so they are going to continue to move forward. They are going to replace their director within the next probably two months and I have been very active on the working group, so that we are making sure that we are represented. So, they have been highly responsive, they are really looking at overcoming some of those gaps in communication and I see great things coming out of that in the future. The core is currently -- we are working on a membership drive and that has been very positive. We are also looking at companies that would add to the core and in creating a strategic plan for marketing. And, then, in addition, the BVEP familiarization program is going to be this week, so they are coming in Thursday and Friday. We are going to be meeting as a core at ISU, so if anyone is interested in joining us, it would be nice to have you. I will be presenting, along with Earl Sullivan. And, then, the Chinese delegation, as you know, it was definitely a success. We actually followed up with our development projects. We are looking for new opportunities and we actually have -- one of the Chinese delegates -- one of the investors has actually contacted us, he would be coming back in September. So, the Idaho Technology Council and I have been identifying additional projects that could be viable. And, then, I also wanted to bring up the Idaho Technology Council. If you're not familiar with it, that is the new Council with Jay Larsen. Jay Larsen and I have been working very closely to kind of highlight some of the advanced technologies here in Meridian, but also looking at opportunities and also for potential investors with the training delegation that's come back. And, then, just wanted to -- moving forward. Just kind of talk to you about some of the things that are coming up. My strategic plan, as I mentioned to you, is planning to be rolled, guess, in August. We are just working on the final approvals, kind of aligning our partners in identifying funding. We are currently working with the Mexican consulate for an export process to be held in August. The Idaho Department of Commerce is also looking at opportunities in Mexico for export, business exchange, other business opportunities. At EB5 they are also utilizing them in Mexico, so we are kind of going to create this opportunity for companies to learn how to do this in Mexico. The regional center, we are still -- these are ongoing opportunities that we continue to look at. I think really right now what we are still pushing is looking at creating a TA in Meridian, so that we can have that 500,000 dollar investment and, then, also we are also looking at what partners or what organization would be best to host the E135. And, then, of course, companies looking to move to Meridian, I wanted to kind of end things on an up note. We are getting a lot of calls. I currently have a corporate headquarters that is looking in Meridian. It would be about 200 jobs in the next year. I have several companies coming in that would like to do the sports arena, so those are kind of exciting for our entertainment area down in the downtown area and, then, I also have a manufacturing company. I have two very large expansions that would be about 300 jobs within probably the next year. Unfortunately, as you know, I can't really say at this point, but they are definitely -- the two expansions are pretty much in the final stages. So, there is exciting things happening, working in a lot of interest, I'm getting a lot of calls, so I really see -- and a lot of property is changing hands, so I see it as a positive piece of economic development, so at this time if you have any questions I would like to -- Zaremba: Thank you. Council? Mr. Rountree. Meridian City Council June 22, 2010 Page 19 of 40 Sherwood: Sure. Rountree: Explain for me the core membership that you mentioned. Sherwood: Because it's a 501(c) (6), they are actually looking for, basically, membership. It will be both public and private membership. And right now what they are doing is putting together those benefits and, obviously, the obvious benefits of having that synergy with other companies that are within the core, but also looking at programming that would be a benefit as well. But a lot of the project companies would be members of the core. Rountree: And when you mentioned partners, along with that, shortly thereafter when you were talking about the -- some of the folks on your list, you talked about Department of Labor and the shortage of skills. I know you have been working with the University, CWI, and BSU, as well as TVCC and what's -- is there anything exciting going on there? Are we looking at maybe helping direct them in job skills that we need for the things you're seeing come down? Sherwood: Absolutely. Council Rountree, Members of the Council, actually, what I have done is been facilitating business retention and expansion efforts between myself, Boise and Nampa, so that we can actually pull that data together and several of those universities are actually willing to kind of keep track of that data, find out what the needs are and what the deficiencies are in the training and the education. So, they have been, you know, highly active in that and will continue and that was BSU and, then, the new college that's coming in as well. Rountree: Thank you. Zaremba: I know the technology Council has identified the need to education more technology enabled people, so I know that's something that's been on a number of fronts. Cool. Sherwood: President Zaremba and Members of the Council, one of the things that we looked at is there is that gap for technology companies and some of the companies -- some of the people -- the talent that comes out of the universities oftentimes leave the area and primarily it's because of the pay grade. So, that's one of the things that we have been talking to with some of the companies is about, you know, making sure that they are paying that talent, so that we can keep them here. So, that's been a big void. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: Question, Brenda. Since you have been on the job now three and a half months, you still have the fresh look of Meridian, you know, coming from a different Meridian City Council June 22, 2010 Page 20 of 40 location, you know, from the 30,000 foot level what do you see as the pluses and minuses of this community? Just kind of your impressions on areas that we need to build on? Probably education to create talent, especially in the high tech area, but kind of what are some of the things that stand on both ends of the spectrum? Sherwood: Councilman Hoaglun, Members of the Council, actually, right now we are looking at doing some branding, some marketing, and one of the things that I think is highly beneficial to Meridian is we are kind of branding at the heart of the valley and the heart of the pacific northwest. Our location is by far one of the most positive aspects of it, but not only that, you know, transportation, infrastructure, rail -- you know, the connector, all of these things play a viable part for companies that are looking from out of state and so we are really playing that up quite a bit, because I think when I have talked to my site selectors in Chicago, you know, those are the things that they are looking for is accessing those markets. So, I think it's a big plus. As far as the negatives, you know, we are trying desperately to -- well, not desperately, but we are pulling together all the colleges and looking at those gaps. I have had at least four companies come in and tell me that they'd love to move to Meridian. Unfortunately, they can't find the talent. So, we need to really align our education with our workforce and there is a lot of programs that we are kind of looking at and you will see some of those in my strategic planning, but -- and, then, of course, just getting everyone to the table, so that we can do this all together and really look at how we can change that. Hoaglun: Thank you. Sherwood: Sure. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Brenda, what were the date, time, and location for the core meeting for Friday? Sherwood: It's this Friday at 1:30 and it's at ISU. Rountree: Thank you. Sherwood: Sure. Zaremba: That was going to be my next question. Mr. Bird. Bird: Brenda, I -- this is a fantastic economic report, probably the finest or first one we have really had that has had some substance to it. I appreciate what you have done in your short time. You are truly a benefit to the city in your short time and have done a great job, in my opinion, and it's just nice to hear the facts and figures and not being let down some prim rose lane like we have been for years. Meridian City Council June 22, 2010 Page 21 of 40 Sherwood: Councilman Bird, Members of the Council, thank you so much for that comment. I'm actually -- like I said, I spent a lot of time there and the reason I do is because there are so many exciting things in the pipeline. So, I know that there is a lot to come from Meridian. Bird: Thank you. Zaremba: And we are happy to have you in charge of it. Cool. Sherwood: Thank you. Zaremba: Thank you. Sherwood: Thank you very very much. Zaremba: All right. The next four items are budget amendments through that Mayor's office and as I have -- have interpreted these, the amounts of money -- oh, Robert will explain, but I think what we are doing is spending money that has been donated to the city. Simison: That is correct. That's pretty much the premise for all four of these budget amendments. I will -- if you want, I can walk through them all at once very briefly or take them individually, whatever your preference is, but -- Zaremba: Anybody need a thorough explanation? Bird: Mr. President? Zaremba: Mr. Bird. Bird: Just one -- no, I don't need a thorough explanation, but I would like to see when we do stuff like this, I'd like to see a P&L on the project that brought this extra money in, how we derived at that extra money, not just the figure set out there and I know it's there, but I think it should be part of the budget -- Simison: Okay. Bird: -- amendment. You know, have a P&L on each deal. But we don't need to on this, because -- Zaremba: And certainly in of that process is conveying our thanks to whoever collected the money. Bird: You better believe it. Meridian City Council June 22, 2010 Page 22 of 40 Simison: Yeah. And just going very briefly through them, I can tell you the first for Meridian Business Day, that's been funds raised primarily by Brandon Wright with Ultra Clean, who has been leading the Meridian Business Day team. He's been the one that's really brought that in. I couldn't tell you who all those sponsors are for that event, but they had their first planning meeting for the next Meridian Business Day, which they decided was going to be in September of this year. As of right now all the money has been collected for that event. We have -- we are going to be asking them to try to find another way to fund these in the future, so it's not coming through the city, but we will have that discussion with them as we move -- move forward and we will ask them not to collect any fees that they bring to the city this year. This will, hopefully, wrap them out from the city's umbrella. But we will be working with them on that. So, that would be the first one. The second one to save the city a similar practice where, again, the funds have all been raised for this, the expenses have been accounted for the State of the City, the scholarships have been accounted for and this is extra funds. I know some of it will be going towards things such as challenge coins for the police and fire public safety academy. They'd like to give those out to some of the participants and other projects like that. I imagine there will probably be some stuff done with the Chinese delegation and perhaps some of the artwork that was left, but those -- those will be -- all that has yet to be decided. The Mayor's Youth Advisory Council -- or I'm sorry. Meridian Arts Commission -- it's noted they are taking on the Concerts on Broadway series, which the first one was just held this last week. A large portion of these funds have already been -- come in will be coming in or -- and so these funds, again, are funds that they have raised to help put on this event. And, then, the last one is MYAC budget amendment, which is the funds, basically, that they have raised for their dinner. This allows the extra spending authority for that -- those funds to be expended to the group that that money was raised for. And with that I will stand for any questions. Zaremba: Thank you. Council, any questions? Rountree: I have none. Zaremba: All right. I would entertain a motion to approve all four, unless somebody wants to do them individually. Bird: Mr. President? Zaremba: Mr. Bird. Bird: I would move that we approve the budget amendment for the Mayor's office, Meridian Business Day number four, not to exceed 6,000. The State of the City budget, not to exceed 3,570 dollars. Meridian Arts Commission not to exceed 4,500 dollars. And the Mayor's Youth Advisory Council not to exceed 6,060 dollars. Rountree: Second. Zaremba: We have a motion and second. Madam Clerk, please. Meridian City Council June 22, 2010 Page 23 of 40 Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All Ayes. Motion carries. Thank you. MOTION CARRIED: ALL AYES. B. Legal Department: Sewer and Service Agreement Between the City of Meridian and Coleman Homes, LLC. Zaremba: Item B is a short comment from the Legal Department. Nary: Mr. President, Members of the Council, this is a sewer service agreement between the city and Coleman Homes. We had put it on this portion of your agenda in case it hadn't come back yet and we could discuss it or hadn't been signed. It has been signed now and there is no other further discussion. You can move to approve it if you wish. Zaremba: Okay. Gentleman? Mr. Bird. Bird: I move that we approve the sewer and service agreement between the City of Meridian and Coleman Homes, LLC. Rountree: Second. Zaremba: We have a motion and a second. Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Joint Department Report: Development Services and Legal Department - Discussion with Council Regarding the Time Extension Conditions for Cavanaugh Ridge Zaremba: C is a joint report, Development Services and Legal Department. Nary: Thank you. I can start that off, Mr. President, Members of the Council. This is a discussion regarding the time extension -- originally there were some conditions placed on the Cavanaugh Subdivision as part of their request for time extension. You heard that -- was it 60 days ago? Was it 60 days? And part of that -- if you recall the earlier discussion, there were some easements that were necessary for the city to be able to put the sewer pipe in along Victory Road. Because the property went into foreclose and there is a bankruptcy trustee and such, there was some concerns on the part of the Meridian City Council June 22, 2010 Page 24 of 40 current property owners in giving the level of assurances that we normally require on these types of easements. We, basically, require that they -- that, essentially, indemnify and hold the city harmless and be able to defend, if necessary, those easements, if they are legitimate, and they had the right to grant them at the time and they had ownership and such. Because of their concern, we were willing to look at some -- some lesser language that maybe doesn't have the same force as before, if the Council was accepting of that. In evaluating it, both Mr. Baird and myself, and with the Development Services Department, really feel that the risk to the city is fairly small. These are areas -- where these easements are are right in the adjacent right of way and there are -- actually, Mr. Ward, a representative of the property owners is here tonight, too. We anticipate that as this property gets resolved and the issues and foreclosure in the bankruptcy courts get resolved, that the property is actually going to become part of the right of way. So, the risk to us that somehow another property would claim an interest, whether the current property owners didn't have actual right to do that, is pretty small. So, because of that and their concerns, we were willing to, basically, accept language that was less than our normal standard, but we don't believe, at least in our legal opinion, both mine and Mr. Baird's, that we put the city in any great risk by accepting that. But the direction was the Council -- the requirement was the Council's direction to them and so we wanted to bring that before you to get your approval before we consented to that. And Mr. Freckleton has, I guess, the Development Services piece of that as well. Freckleton: Thank you. Mr. President, Members of the Council, as Bill mentioned, this easement is across the frontage of the Cavanaugh property. It's an easement that is critical for us to complete what we call a gap in the Black Cat sewer trunk extension. We have been working with the developers for probably a year and a half to two years now on this project and, unfortunately, because of the economy and the situation with the property and DBSI's situation, we kind of fell flat there for awhile, but negotiations that we have had recently, we have gotten to this point and we feel it's a good solution. Discussions that I have had with Mr. Ward late this afternoon, they are in negotiations with the Ada County Highway District for the conveyance of the right of way -- the future right of way, which would be the ultimate build out for Victory Road. The sewer that we are talking does fall within that future right of way, so Mr. Ward is here tonight, if you have any questions of him, but we feel that -- that it's a good solution and just wanted to get your input on it. Zaremba: Thank you. Council? Mr. Rountree. Rountree: Let's move forward, as long as we have got willing parties. Zaremba: I guess my only question would be when you say this would eventually be part of the right of way, I assume you're talking about ACHD right of way? Freckleton: Yes. Meridian City Council June 22, 2010 Page 25 of 40 Zaremba: There is more to that question. Are we comfortable that ACHD would not see any obstacle here? Nary: Mr. President, Members of the Council, we don't -- we don't believe there is any issues for ACHD for -- where the location of these services are I don't see any problem with that. It's pretty common with our other utilities, so -- Zaremba: Okay. Thank you. Freckleton: I might add a little bit to that. Zaremba: The desired action would be -- uh? Freckleton: I might be able to add just a little bit to that. The plans for the sewer -- a year and a half, two years ago, they were part of the overall development plan for Cavanaugh and so the overall development plan for Cavanaugh, the right of way, the curb, gutter, sidewalk location, everything has already ran through design review and been approved through both agencies, so -- Zaremba: Great. Freckleton: One other point I was going to make is that the 90 day time extension condition that was -- that was placed on Cavanaugh, that condition has been met. They did deliver signed easements to us yesterday. Yesterday was the deadline. So, we do have those and so it's just a matter of coming back for a formal adoption, I believe, or formal acceptance through the Council. Zaremba: All right. Thank you. Can we do that tonight or do we need a resolution? Nary: It's on here. You can -- the easements are on here for the Council to approve. Freckleton: Okay. I'm sorry. I thought we were just having discussion tonight. Nary: Yes. Zaremba: Okay. If there is no further discussion, Mr. Bird. Bird: Can we pass on this? Is that what we are doing? We don't have a resolution? Nary: You have the easements actually on here that can be signed, so you can approve them. Bird: Okay. Mr. President? Zaremba: Mr. Bird. Meridian City Council June 22, 2010 Page 26 of 40 Bird: I move that we agree on the Development Service and Legal Department discussion of Council regarding the time extension conditions of Cavanaugh Ridge with the easement for utilities. Zaremba: Is there a second? Hoaglun: Second. Zaremba: Okay. We have a motion and a second, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. Motion carries. Thank you. MOTION CARRIED: ALL AYES. Freckleton: Thank you. D. Reimbursement Agreement Regarding the Irrigation Pump Station for the Split Corridor Project Phase One Landscaping, Between Meridian Development Corporation and the City of Meridian Zaremba: Item D, reimbursement agreement regarding irrigation pump station Nary: Mr. President, Members of the Council, Mr. Siddoway can probably speak to the specifics here, but you have an agreement -- a reimbursement agreement signed by the chairman of the MDC, the development corporation, and approved by them I believe last week and it's regarding the split corridor landscaping project and Mr. Siddoway could probably speak to the specifics. Zaremba: Is this the one that's previously been mentioned that's near Zamzow's? Siddoway: Yes sir. This is the split corridor phase one, which was constructed a couple of years of ago. As you may remember, it's currently connected to the city potable water and is in need of a pump station to deliver irrigation water. This agreement would allow us to move forward in helping MDC to get that constructed. The agreement would be such that MDC provides the city the plans, the city manages that construction project for them. As we learned through the Finance Department, if we are managing that project we cannot pass the invoices and have them pay them directly, we must pay them ourselves and, then, get reimbursed. So, this is a reimbursement agreement for up to 55,000 dollars, which is the spending authority that the MDC Board has allowed for this project. It's been signed, as Bill Nary mentioned, by MDC's chairman Larry Lipschults and is here for your consideration and approval tonight. Zaremba: Thank you. Council, any questions? Meridian City Council June 22, 2010 Page 27 of 40 Rountree: I have none. Bird: Mr. President? Zaremba: Mr. Bird. Bird: Steve, who is responsible for getting the easement for the electrical, MDC or Meridian City? Siddoway: The city is moving forward with that, sir. The -- Elroy has a meeting scheduled with the dairy board next Wednesday on June 30th at their next available meeting. Bird: And everything is in place? We have nothing that's going to jump up and bite us? Siddoway: They will be updating that and the plans are to be back from MDC. We received an e-mail from Shaun Wardle today that he hopes to have us those plans for review tomorrow. Bird: So, we can go to bid -- we get the easement for the 30th, we can go to bid about the 6th; right? Siddoway: That's -- that's one option. If we want to have all the ducks in a row before going to bid. The other option is that we go to bid and we do not award the contract until we have that easement and I would seek your direction on how you prefer to proceed with that. Bird: I would like to have everything in line, get the thing done, so we don't get bit in you know where. That's my preference. I don't know about the other councilmen. Rountree: I'm okay with the agreement, but I think the easement needs to be in place before we contract it -- or if it's not in place the contractor can start and, then, you start paying. Bird: That's right. Siddoway: We will get the easement before we send it out. Rountree: Yes. Siddoway: Not just award it. We will do so. Zaremba: Okay. Do we need any -- Rountree: But you need action on the -- on the agreement? Meridian City Council June 22, 2010 Page 28 of 40 Siddoway: We do need action on the agreement. It's tied to the upcoming budget amendment for the same amount. Rountree: Okay. Zaremba: Mr. Rountree. Rountree: Mr. President, I move that we approve Item 8 -- what is it here? Siddoway: D. Rountree: 8-D, reimbursement agreement regarding the irrigation pump for the split corridor. Hoaglun: Second. Zaremba: We have a motion and a second. Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. Motion carries. Thank you. MOTION CARRIED: ALL AYES. E. Parks and Recreation Department 1. Budget Amendment for Forestry Stimulus Grant for a Not to Exceed Amount of $44,500.00 2. Budget Amendment for 8th Street Park Funds Transfer to Borup Dog Park for a Not to Exceed Amount of $52,800.00 3. Budget Amendment for Split Corridor Pump Station for a Not to Exceed Amount of $55,000.00 Zaremba: Next item on the agenda is Mr. Siddoway as well. Siddoway: Thank you, Mr. President. Three budget amendments this evening for your consideration. The first one is we have applied for and received a forestry stimulus grant, 44,500 dollars. The four projects that we would intend to spend those funds on is in the budget amendment form and this amendment would give us the spending authorization to spend that grant. The second item is -- we received a budget enhancement for this current fiscal year for the 8th Park pathway and we were also successful in getting CDBG grant funds for the same project. Therefore, we would like Meridian City Council June 22, 2010 Page 29 of 40 to take those funds and transfer them to the Borup property to use as some initial seed money toward the dog park that is proposed out there. That would be a budget transfer. And, then, the third item is related to the agreement that was just approved for a not to exceed amount of 55,000 dollars for the split corridor pump station, authorizing us to spend the funds and, then, get reimbursed from the MDC on those and I will stand for any questions. Zaremba: Gentlemen, any questions? Mr. Rountree. Rountree: Steve, I have question and concerns about your second one, the item E-2. I don't see on our recently delivered CIP that there is anything proposed for Borup Park until 2013. My suggestion is if we have 52,000 dollars extra this year, we do -- maybe we apply that to something that's not funded yet in 2012 or how about putting that aside and using that to help do the contribution we have to make as it relates to the collection of impact fees. I don't think it's consistent with the CIP and final comments on that is it was my understanding when we talked about this particular issue that a good share of that effort was going to be volunteer and that doesn't seem to come through with this item. Siddoway: Yes, sir. A great portion of that project is intended to be through the volunteers. They have submitted for a grant themselves for up to 500,000 dollars. The CIP for the Borup property, as you mentioned, does show it in 2013. It is the hope of the dog park task force, though, to move forward with the dog park portion of development of that property in advance of the full development of that -- of that park. So, the intent was to have those funds available for the dog park use that would go in prior to the 2013 improvements of the full park. But if -- I will -- Hoaglun: Mr. President, I just wanted to -- Zaremba: Mr. Hoaglun. Hoaglun: If I recall in the Parks and Recs Commission, as they are working on their priority projects upcoming, I think the dog park has moved on almost to the number one spot, if my recollection serves me, but I could be wrong on that. It's one of the top two or three. Siddoway: Yeah. It is -- Hoaglun: It's not number one. Siddoway: It is -- they set five priorities for the year for the overall commission. This is one of those. They are very engaged with the dog park task force. They met here last night and talked with their financing committee and they are working on a funding strategy and, you know, we don't have -- I don't have a specific plan for you for those funds right now. They could be used for the irrigation system, they could be used to get the initial green up done and require them to do all of the improvements, the fencing, Meridian City Council June 22, 2010 Page 30 of 40 the pathway, those kinds of things. But it is a very high priority for the commission and we have an active dog park task force and that's why I'm here to propose the transfer. Bird: Mr. President? Zaremba: Mr. Bird. Bird: Steve, refresh me, what's this fifty-two eight going to get for us? Are we going to start putting a fence up or greening or -- because we don't have water or sewer or anything out there yet, which to me a dog park you really don't need it to just have dogs running inside of a fence. Well, I don't want to -- you know, make sure we have adequate dog facilities and stuff, I'm like Council Rountree, I think there is some other priorities within our park system that has been sitting around longer than this and if we are -- I can't see where 52,800, if we are just going to fence in an area out there, you don't even really have to green it up. I mean, you know, dogs -- dogs don't need to run on grass. Siddoway: The 52,800 would not construct the dog park. The proposed improvements as envisioned and presented to the Council about a month ago were about 300,000 dollars worth of improvements. So, this is, you know, a fraction of that cost and I would expect that this would probably be carried forward until the point that they have the funds to bring to the table themselves and move this forward in a significant way. Bird: Follow up, Mr. President? Zaremba: Mr. Bird. Bird: Okay. If it's going to be brought forward and not going to be used at this time, there is surely something else there in our park system, as even Councilman Rountree said, the impact fees or anything that -- because you're talking three, four thousand, you're not even CIP until 2013, partnership -- when there was a percentage to us, it was, basically, presented that they would do the fundraising and stuff and hoping that we would be able to, through the police department, to give -- to keep that budget of about 50,000 a year that we do for dogs now, you know, for what Brenda does out there, so -- or is this -- is this going for planning? I know you got a deal going with Parametrics. Is this what this is going to be used for, the layout, or -- Siddoway: No. The concept plan was budgeted and approved two or three years ago and was -- it is currently underway. We, actually, have that public meeting set for June 30th. I believe you received an e-mail on that today. But that -- that project is funded separately from this. Bird: And, by the way, not to change the subject, but I appreciate the e-mails I get from your -- from Rachael. She does a nice job. Thank you. Siddoway: I will pass that on. Meridian City Council June 22, 2010 Page 31 of 40 Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: Just to comment further on this, I guess sitting through the meetings in the parks commission and whatnot and the dog park task force and different things, the adequacy of our current location we know is limited and how long we are going to be able to be there -- this was a way that the director saw of starting to get seed money to encourage their push for outside funding, private funding for this dog park. It would show our commitment to a new dog park, what that final view would look like -- I think there is potential at this location, whether or not it's ultimately there, that may change, but this would be the seed money to put into the pot to say, okay, the city knows there is a need, we are committed to that, and off you go to see if you can -- you can find the money to make this a reality. So, it likely would have to be carried forward, but, you know, in the event that there are other priorities, but knowing that the parks commission is looking at this as one of the top priorities and that's why it's here before you in this type of an amendment. Zaremba: I would add that in the citywide survey that was done earlier, that the dog park was very high on the list for the citizens as well, which is why we even attempted the -- to share the police facility and I tend to feel that it's important to show the dog park people that we are committed to finding a solution. So, I would be in favor of this amendment. Siddoway: Mr. President, it did show up very high in the public survey, as you mentioned. It was the impetus for partnering with the police department and opening the K-9 facility as a dog park. As we know, the use has been more than we anticipated and it's, you know, wearing down and is too small for the demand and so our goal is to try and provide impetus to the dog park task force fundraising efforts and see if we can get this at another site. A larger site. Zaremba: Just a question. In the discussion of the dog park task force, are they considering -- how should I say? Closing or unusing the police dog training facility. Would we move out of that? Siddoway: That group would very much like to have it back open and available seven days a week, but that's not going happen, but -- Zaremba: Are going to have two facilities or -- I'm sure they'd like that. Siddoway: Yes, that is the vision, that if we can get a new and larger facility that we could give that one back to just be the K-9 facility and, then, open the dog park. Zaremba: Good. Meridian City Council June 22, 2010 Page 32 of 40 Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: I'm going to make some motions here. I'm going to do them as separate -- separate items, if you don't mind. Zaremba: Thank you. Hoaglun: I would move under 8-E that the Parks and Recreation Department budget amendment for Forestry Stimulus Grant for a not to exceed amount of 44,500 dollars be approved. Rountree: Second. Zaremba: We have a motion and a second. Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: That motion carries. MOTION CARRIED: ALL AYES. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: Yes. Under Item 8-E-2, I move approval of the budget amendment for the 8th Street Park Fund transfer to Borup dog park for a not to exceed amount of 52,800 dollars. Zaremba: We have a motion. Is there a second? Am I allowed to second? Rountree: Uh-huh. Bird: You can second. Zaremba: Okay. I didn't know whether Robert's Rules of Order would allow it. I would second it. So, we do have a motion and a second. And Madam Clerk? Rountree: Mr. President, discussion. The point I made about the capital improvements plan, I think this sets a minor precedence in that a department came about a savings, which is a good thing. Now we have to find a place to spend it. They went through a very diligent process to identify capital improvements for the next 15 years. This project, nor any project, if Borup park isn't included until 2013. 1 think this money can be better spent at another location within our existing parks as it relates to operation and Meridian City Council June 22, 2010 Page 33 of 40 maintenance and facilities improvement, as opposed to be set aside somewhere or to be a demonstration for a partnership that has been spoken of, but there has been no effort that I have seen anywhere to bring that two any kind of fruition. So, I think it sets a bad precedent. I don't care if it was -- any of these departments, if we are going to adopt this thing, we ought to use it. Otherwise, we ought to make a note to our financial director, Mrs. Kilchenmann, and say it was a very nice effort, but when somebody comes up with some extra money and they want to make a capital improvement, they are going to do a budget amendment and not even look at this thing. I'm sorry. That's where I am. I think it's important, the effort that they went through to get this and, you know, this was known about at some point in time, it could have been added to this. Anyway, that's my point. I think we are setting a precedent if we approve this. Zaremba: That's a very valid point and overall I agree with the point that you are making. I feel the exception in this case would be at the time that we were doing the CIP we didn't understand the depth of the need for the dog park, even though people were telling us, we didn't have it in place, so we didn't have it operating, we didn't have it being overwhelmed, and while I absolutely agree with you in principal, I do think this may be an exception and I certainly would not want to establish it as a precedent or could be telling department heads or the finance department you can make it up as you go along. I think we do need to stick with the CIPs, but my feeling from last year when I was the parks liaison was that the dog park is almost an emergency at this point. Hoaglun: Mr. President, just to comment Zaremba: Mr. Hoaglun. Hoaglun: Yeah. Councilman Rountree makes a good point and we do have a long range plan that we are -- we are trying to implement when it comes to capital projects and being the first one out of the box where we might do things differently, makes -- makes it tough and I think it's going to be coming to departments now with the plans that are in place to figure out when something comes up, how do you -- how do you move projects around and I'm not sure how to do that myself, but I think this might be the one we learn on, but I think it's worth moving forward and using it as the example for other departments to say, hey, you know, better take a close look at things when you have got a savings and where they are going to. So, that's something that we should definitely note. Bird: Mr. President? Zaremba: Mr. Bird. Bird: I agree with Charlie a hundred percent, but I also -- I mean if we -- if we had something that this was going to right now, I could understand it more, but we are just going to set it in the budget. I don't -- I don't get -- I mean if we want to put a dog park out there, I can take this 52,800 and put you a dog park out there three times bigger than what we got. I mean you don't have to have the Taj Mahal for a dog park. Most Meridian City Council June 22, 2010 Page 34 of 40 people take their dogs out to the desert and run them, you know, but to just set it aside for the next three years -- as I take it that's what we are going to do -- I don't see what point we are getting at. Because nobody wants to take care of dogs anymore than I do and I realize we need a dog park and, my goodness, we -- if we are going to get one -- and it was going to be a partnership. Well, I haven't seen any partnership come up, you know, and talk about partnerships, I'm getting tired of being partners when we put all the money up and they get all the fun. Siddoway: Mr. President and Councilman Bird, I agree and the -- there is a plan that the dog park task force has put together and a cost estimate for that plan and it was about 300,000 dollars as presented. And the onus is on them to do the vast majority of the fundraising and as was described, this was viewed as a portion of the needed funds and the city puts forward, you know, a certain amount and they have to come up with a larger amount in order to make it into a partnership, that this would say that this is a priority for the city and we want you to do this. Bird: Mr. President? Zaremba: Mr. Bird. Bird: Steve, I agree with you, but a partnership to me is we furnish the land, they build the facility, and, you know, we have -- dog maintenance or whatever you want to call it, of budget in the police department. I have no problems with continuing that and it's out there for a nice facility, that's fine. Siddoway: You mean the animal shelter? Bird: Because we all -- for the animal shelter. Because we all know that the one at the wastewater treatment is -- is not adequate today and, you know, in five, ten years it's definitely not going to be adequate. But that's money that we are going to budget every year I'm sure. That is -- to me I just -- I can't see setting this one -- when I know within your parks department you could use this money for something, instead of setting this aside for three years. Zaremba: Okay. Mr. Hoaglun, further comment? Hoaglun: No. I was just going to say, Mr. President, that, you know, this is a little bit like as we plan for our fire station we know that a fire truck's coming, we have got to set some money aside and build up to that and if they come forward with -- with some funding for this dog park and, yes, we provide the land and it might be -- I have seen a couple different variations of that dog park, instead of the full seven acres was it, that long strip, Steve. I can't remember the exact acreage amount, but cutting that in half and doing it in phases and that was an option and that -- 1 think that's dictated -- predicated upon the funding sources and how that comes about. So, it was just seen as a way to -- to get that seed money and some money from the city to -- to go into a park for our citizens and -- but that's what we are looking at. Meridian City Council June 22, 2010 Page 35 of 40 Bird: Mr. President? Let me ask you one question, Steve. Siddoway: Yes, sir. Bird: We are in dire need of some kind of enclosed dog park. It doesn't have to be the Taj Mahal, it just has to be an enclosed area. Right? Siddoway: Yes. Bird: We have got to get them away from the police station, from that facility, period. could see us -- and it don't have to be temporary, because you got some kind of an idea of where that dog park is going to be. Siddoway: Out at the Borup property? Bird: Yeah. You could put permanent chain link up and, my goodness, a five -- four or five acre -park is quite a bit of square footage. You know, four acres is 170,000 square feet for dogs to run around in. A six foot chain link fence is all you need -- a few other facilities -- you know, a few other amenities, plant a couple of trees -- could you do that for the 52,800? Siddoway: Well, probably for close to that. I'd have to go back and look to be fair as to the actual cost for the -- for the fencing. But we do have those costs identified. The -- know when we were looking the last year potentially at doing this out at the Jabil site, you know, for 45,000 dollars, but one side is already fenced there, we were able to do the remaining fencing and some -- some basic improvements. The problem there is that we don't own the property, it will eventually go away, we are trying to find a permanent solution. So, this is the most likely permanent solution and, you know, if you wanted to see these funds spent on fencing or something like that, just to have them spent and not wait for the rest of this to come to fruition, we could look at doing something like that. Bird: I just think it would be better to -- for the taxpayers to see something -- to see something going down the road that -- you know, we don't know what the economy is going to be like. Siddoway: Correct. Rountree: In 2013 we might not five dollars to put toward this. And we have set a precedent by having a dog park. We have got to get -- we have got to get it away from the police station, as you said. It's been outgrown. It was outgrown six months after we open it. Siddoway: Correct. Yeah. Meridian City Council June 22, 2010 Page 36 of 40 Bird: And -- I don't know. I -- this was a tough decision on my part. Siddoway: Mr. President -- Zaremba: If I'm understanding the thrust, to me it would be very comfortable to say the current old dog park is -- was a third of an acre. The people that are seeking a dog park -- if we could fence off three acres or four acres or whatever for 50,000 dollars, I would be comfortable saying, okay, the city's contribution is the land and the fence and we will do that fence now and it's up to the committee to add whatever amenities or entertainment -- I mean trees, park benches, grass, the committee has to come up with that. But I would be comfortable saying our contribution is the land and the fence and I would like to see that happen fairly quickly. Hoaglun: Mr. President, to comment, this land is still in the county and so we would have to go through that approval process. On the parking lot -- I don't know if they would let us go with gravel, they might, might not. There was discussion of having port - a -potties -- not for the dogs, but for the humans and maintaining those and, then, the fencing and getting the irrigation process up. So, I don't remember the final amount, but just the bare bones was definitely more than -- more than the 52,000. So, that's -- and think that's what they were looking at was -- was this going to be -- see what type of fundraising they could do to bring it forward and say, okay, we have raised this amount, what can we partner with the city, provide the land and this little bit amount and let's see what we can do and go from there. So, I don't remember what that total was, that's what we are looking at with moving these funds to that one. Siddoway: Mr. President, two comments. One, regarding the timing, 2013 is the year that is targeted for development of the Borup property as a full park. Even that depends on development and utilities being available and things like that. The goal for the dog park task force would be to do this in advance of that. So, 2013 is not the goal date for the dog park, they'd like to, you know, see this done within the next year. But that, of course, depends on their fund raising. If the Council would like, rather than setting this money aside to be used with the larger partnership, if you'd prefer to see it -- to see a plan for specific improvements like fencing that we would go out and build with that money in advance of anything else happening, I can actually -- I could work on that and bring that back to you. But the impetus so far hasn't been to go out and build something in advance of the partnership, it's been to get the seed money, wait for them to raise their funds and, then, build the full thing. Bird: Mr. President? Zaremba: Mr. Bird. Bird: Steve, how urgent is this -- to pass this budget amendment tonight? Siddoway: It's really -- it's not so urgent for me as it is for the finance department, because there -- they have a deadline for when budget amendments can be made and Meridian City Council June 22, 2010 Page 37 of 40 we are trying to respect that -- that deadline. Is there any -- there is no one from the finance department, is there? •M ►• Nary: Mr. President? Zaremba: Mr. Nary. Nary: Mr. President, Members of the Council, I think -- I think what Steve just said the last is probably what's driving this more than anything. There is a cutoff by finance of when all budget amendments need to be requested and brought before you. It's not imperative that you pass it tonight. As you all know, in August we will have another hearing on this budget re -- budget amendment and do a re -budge ordinance for FY -10. So -- so, you don't have to approve it tonight, but I think what the direction both the parks department needs and finance needs is do you want this as part of your re -budget discussion in August or not. And so whatever direction you want to give parks, if you want them to gather more information on specifics or costs or whatever, I mean they can certainly do that. They could certainly have this in August, but I think that's really the concern from finance is when they are preparing the budget amendment do we include this 52,000 dollars or do we not. Zaremba: Well, I think it would be -- if we don't have to actually do this tonight, I think it would be legitimate to ask if in maybe the next meeting or the meeting after you could come back and say, okay, with this 52,000 dollars I could put so much fence in and have something to show for it this year. Rountree: Mr. President? Bird: Mr. Rountree. Rountree: My preference is that if we are going to do a capital improvement in the City of Meridian, as a budget item it needs to be on the CIP, and it needs to have the opportunity of public input. Leaving it in a capital improvement budget amendment, in my opinion, is wrong. I don't care what it is. Unless it's an emergency. We have it in an emergency. The money is not going to evaporate. Quite frankly, that money might be better used in another department for a safety issue. We don't know that. So, that's where I'm coming from. It's not you, Steve. Don't take me wrong. It's -- it is a principle and it's our fiduciary responsibility to take care of the money. I don't care if it's a dollar or 50,000 dollars or ten million dollars, that's where I'm coming from. Bird: Call for the question. Zaremba: Okay. We have a motion and a second on floor. We have been called for the question. Madam Clerk. Meridian City Council June 22, 2010 Page 38 of 40 Roll -Call: Bird, nay; Rountree, nay; Zaremba, yea; Hoaglun, yea. MOTION FAILED: TWO AYES. TWO NAYS. Zaremba: And the motion does not. It would need a majority to pass, so -- just as a discussion, are we interested in having Steve do some work on it and tell us more or is that likely to be a final decision? Any comment? Rountree: Mr. President, I think Steve's heard me with -- would be my desire, but I don't know about the rest of you. Zaremba: Okay. Bird: I agree. I think it's obvious at this point through the whole CIP -- I agree with Charlie that I would sooner see it done as a whole CIP, instead of bits and pieces and stuff like that. I think there is a lot of planning that needs to going out there before we get too far. I think you're in the right direction starting next Wednesday. Siddoway: I can bring it up through the CIP process, if there is at least general -- Rountree: Excellent. Siddoway: -- interest in going that direction with -- with the CIP. I can do that. Rountree: I don't think you heard anything different. Zaremba: And I'm agreeing with the principle, just trying to find a way to do it. Siddoway: Thanks. Hoaglun: And you just get the joy of being the first one. Siddoway: Thank you. Rountree: It's new and we just -- and we just have it. So, let's adhere to it. Zaremba: Okay. We still have Item E-3 to do. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: Under Item 8-E-3, Parks and Recreation Department, I move approval of a budget amendment for split corridor pump station for a not to exceed amount of 55,000 dollars. Meridian City Council June 22, 2010 Page 39 of 40 Bird: Second. Zaremba: We have a motion and a second. Madam Clerk, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Siddoway: Thank you. Item 9: Ordinances A. SECOND and THIRD READING Ordinance No. 10-1450: An Ordinance Repealing Title 4, Chapter 1, Meridian City Code, Related to: Title, Purpose and Intent; Definitions; Compulsory Use Required: Enforcement Authority; Franchise Agreement; Bond; Rules and Regulations; Solid Waste Advisory Commission Established; Fees; Collection of Solid Waste and Recyclable Materials; Special Collection Services and Specific Collection Standards; Prohibitions; Nuisance Declared; Penalty; Severability; and Providing and Effective Date Zaremba: All right. Thank you. We are up to Item 9, which is an ordinance. We have a second and a third reading of Ordinance 10-1450. Madam Clerk. Holman: City of Meridian Ordinance No. 10-1450, an ordinance repealing Title 4, Chapter 1, Meridian City Code, related to title, purpose and intent, definitions, compulsory use required, enforcement authority, franchise agreement, bond, rules and regulations, solid waste advisory commission established, fees, collection of solid waste and recyclable materials, special collection services and specific collection standards, prohibition, missions declared, penalties, severability and providing an effective date. Zaremba: You have heard this ordinance read by title only. Anybody wish to hear the entire ordinance read? All right. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I move that we adopt the Ordinance 10-1450 and authorize the President to sign and the Clerk to attest. Bird: Second. Zaremba: We have a motion and a second. Madam Clerk. Meridian City Council June 22, 2010 Page 40 of 40 Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: We have come to the end of our agenda. There would be one more motion. Bird: I move we adjourn. Rountree: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Zaremba: We are adjourned. MEETING ADJOURNED AT 8:41 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) DATE APPROV D /yl�o /ammo de _ yA'. O� MEQ - E OLMA TY CLERK REAL Changes to the Agenda: Item 7.13. Continue to July 6, 2010. Item 7. D. Vacate Item 7.A — Freedomworks (PFP-10-002) Location: Southwest corner of Overland Road and Stoddard Road. Application: Combined Preliminary/Final Plat History: RECEIVrED JUN 2 2 2010 CITY OFC E off? CITY CLERKS OFFICE In 2004, the property, was granted Annexation and Zoning (AZ -04-013), and Conditional Use Permit (CUP - 04 -017) approval for a Planned Development on 13.5 acres which allowed 9 mini -storage buildings, a 3,200 square -foot office/retail building, a 1,600 square -foot caretaker's apartment, and an indoor storage building. Also approved was a future plan to construct 27,265 square feet of office/retail space at the northeast corner of the property. The entire site is subject to a recorded development agreement recorded as instrument #104134972. In 2007, the existing Conditional Use Permit/PD was modified (MCU -07-004) to allow for a single -story, 15,620 square -foot office/retail building. In addition, an existing 3,000 square feet of existing storage building located behind the proposed office / retail building was converted into shipping / receiving space. Highlights of the Request: The Applicant has applied for Preliminary and Final Plat approval for 3 buildable lots on approximately 11.91 acres in a C -G zoning district. Two of the 3 lots are developed. Lot 1 is developed with an existing 15,620 square foot multi -tenant office /retail building and Lot 2 is developed with a self-service storage facility. Per the recorded development agreement, Lot 3 is to develop after the approval of a Conditional Use Permit. Access to the subject site is proposed from one existing access point from Overland Road. A secondary access point was constructed on Stoddard Road, located in the southeast corner, to provide emergency access to the self-service storage facility. The applicant is requesting a Council approval for a right-in/right-out access to Stoddard Road. UDC 11-3A-3, limits access points to collector or arterial roadways via cross access agreement unless waive by Council. Commission Recommendation: Approval at their May 6, 2010 public hearing. Summary of Commission Public Hearing: i. In favor: Laren Bailey ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. None Key Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. Council should determine if the right-in/right-out access to Stoddard Road, a collector street, should be allowed, as requested by the applicant. UDC (11-3A-3) requires access to be taken from a local street where available. A local street is not available to provide access, therefore the applicant has noted cross access on the final plat consistent with the UDC. If Council votes to allow the access to Stoddard Road as proposed by the applicant, note #15on the final plat should be modified accordingly. [Note: ACHD has approved the proposed access point to Stoddard Road) Written Testimony since P&Z Meeting: The applicant provided written comments and is requesting Council action on the proposed access point to Stoddard Road. Notes: Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of May 4, 2010 Pre -Council Meeting Minutes MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of June 1, 2010 Regular Meeting Minutes MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Approve Minutes of June 3, 2010 Pre -Council Meeting Minutes MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 5D PROJECT NUMRER-- ITEM TITLE: Budget Amendment for Contracted Legal Services MEETING NOTES jplp-t-� CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (D w �L"0 CD CD o ,� CD � CD ° m �► Oi �', C = O p� CD o N o q� -n o d z c 0 ° CD c� °m o�=°c Q-� =•�oQ to CD. c `� a� C cU) m c n Q 3 = < .j.cn 3 A C p m CL CL < c o a-,ao = o d N a CL 0 to o CD m o _ 3 oar CD v �cc � 0)(013 a S O' i A N CL C Q' 7!p 3 CL � (a -0 c Q. 00 w a (D � o r. a 7' A �D n �4� N _0 f�A p 3 3 CD O c CD eD o0 n -� I ` Co. y A C d Cr CL a) CL X0 (D CD mx Q p1 -a 47 CD US a Q. 0 3 CD ° CD CD CL v ° v Q CL0 v -694 w 0 0 0 0 0 0 0 N 0 CD r CD cc v (D n CD N I CD CO) n a CD 2 v n. 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O ;u mmz mrd E Z � O 0 x > m cnD n� r A A A A A A A A 0D NN O O NN O O w N W N z O on O 0 m N N N N N - LAO 0 0 0 O�CD a o r - Oc7�w y z tr M o mn3 <Oo o 0o CD c �Do e m m M ca !D Vl 3 3 N N N 0 n D -n .. 3 m 0 „ o m CD m x 0 0 fAW69fAfA N a'0 3 o 010 C 0 a O S Z 00 ;u mmz mrd E Z � O 0 x > m cnD n� CD mm D Z M M r r pL 0) w Qo -qm D 30 zn vZ m Z m X 3 0 0 0 O C 0 m E Z f� s w Qo -qm D 30 zn vZ m Z m X 3 Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Memorandum of Understanding Between the City of Meridian and the Meridian Speedway Regarding the Joint Presentation of the July 4, 2010 Event MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 7c-,Stie�r�e - �rep� MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MERIDIAN AND MERIDIAN SPEEDWAY REGARDING JOINT PRESENTATION OF JULY 49 2010 EVENT 's MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made this ZZ 0.0 day of , 2010 ("Effective Date"), by and between the Cit3of Meridian a municipal corporation organized under the laws of the State of Idaho ("City"), and Hwy 16, LCC, dba Meridian Speedway, a limited liability company organized under the laws of the State of Idaho ("Speedway"). WHEREAS, City and Speedway are mutually interested in enhancing recreational, entertainment, and special event opportunities within the Meridian community, particularly as it relates to the community's celebration of Independence Day; WHEREAS, Storey Park, a public park held by the City of Meridian located on the northeast corner of Main Street and Franklin Road in Meridian, Idaho, and the Meridian Speedway, a private facility located at 335 S. Main Street in Meridian, Idaho, are adjacent properties, thereby producing an opportunity for citizens to enjoy diverse recreational opportunities in one general location; WHEREAS, City and Speedway recognize that through their cooperation, the parties' adjacent facilities and respective efforts can be used together to provide a larger, longer, and more advantageous event than either facility or party can provide separately; WHEREAS, the parties intend to work in this cooperative spirit to plan, publicize, and execute an event with activities for the public in both Storey Park and the Speedway on July 4, 2010; WHEREAS, the parties seek by this MOU to describe the parties' respective commitments and intentions, both to clarify such commitments and intentions as they relate to the July 4, 2010 event, and also to prepare a framework for future cooperative events as the parties may jointly- desire; WHEREAS, City and Speedway find that it is fiscally responsible and in the best interest of the community to sharing the costs and benefits of the July 4, 2010 event as set forth herein; NOW, THEREFORE, in consideration of the mutual understandings herein contained, and in consideration of the recitals above, City and Speedway agree as follows: I. CITY'S COMMITMENTS A. Monetary Contribution. City shall commit five thousand dollars ($5,000.00) for the purpose of purchasing fireworks to be discharged on July 4, 2010 in the fireworks display to be presented by Fireworks and Stage FX of America from inside the Speedway. City will remit this amount directly to Fireworks and Stage FX of America, whose address is P.O. Box 488, Lakeside, California 92040. B. Public Special Event in Storey Park. City shall plan and present a special event with a schedule of activities to be open to the public in Storey Park on July 4, 2010, from approximately 1:00 p.m. to 10:00 p.m. MOU BETWEEN CrrY AND SPEEDWAY -JULY 4, 2010 EvENT PAGE 1 OF 4 C. Promotion of Event. City shall promote the July 4, 2010 event in its promotional materials, including the City newsletter, City website, and banners to be placed in Storey Park. In such materials the City will reference the activities available at the Speedway as part of such event. D. Post -Event Review. City agrees to meet with Speedway between July 6, 2010 and September 3, 2010 in order to review the event, discuss any problems that may have arisen, and identify possible changes for an improved joint Independence Day event on July 4, 2010. H. SPEEDWAY'S COMMITMENTS A. Presentation of Public Fireworks Display. Speedway will present a public fireworks display on July 4, 2010 shortly after dark, i.e., at approximately 10:00 p.m. This commitment shall include the following: 1. Speedway shall engage Fireworks and Stage FX of America to present the public fireworks display on July 4, 2010. 2. Speedway shall contribute at least five thousand dollars ($5,000.00) to the presentation of the public fireworks display. Speedway shall remit this amount directly to Fireworks and Stage FX of America. 3. The public fireworks display shall be staged and executed inside the Speedway facility, but shall include aerial fireworks that shall be visible from Storey Park. 4. Speedway shall obtain, or shall ensure that Fireworks and Stage FX of America has obtained, all necessary permits for such display, including, but not necessarily limited to, a City of Meridian Public Fireworks Display Permit. City shall not waive the fee for such permit as such fee is established by state law. B. Promotion of Event. Speedway shall promote the July 4, 2010 event in its promotional materials, including its racing schedule, and in such materials will reference the activities available at Storey Park as part of such event. Speedway shall not utilize the City of Meridian logo without the express, written permission of the City of Meridian Mayor's Office. C. Post -Event Review. Speedway agrees to meet with City between July 6, 2010 and September 3, 2010 in order to review the event, discuss any problems that may have arisen, and identify possible changes for an improved joint Independence Day event on July 4, 2011. III. NOTICES Communication between City and Speedway may occur via e-mail, facsimile, or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed via U.S. mail to: City: City of Meridian Speedway: Adam Nelson, General Mgr. Attn: Colin Moss, MPR Meridian Speedway 33 E. Broadway Avenue 335 S. Main Street Meridian, Idaho 83642 Meridian, Idaho 83642 MOU BETWEEN CITY AND SPEEDWAY -JULY 4, 2010 EVENT PAGE 2 OF 4 IV. ACKNOWLEDGMENTS The parties hereto specifically acknowledge that, in consideration for the commitments set forth herein, the following provisions shall apply: A. Contributions cumulative. It is understood by the parties that the monetary contributions of each party shall be separately and respectively made to Fireworks and Stage FX of America, and that the cumulative monetary payment made to Fireworks and Stage FX of America by the parties shall therefore total ten thousand dollars ($10,000.00). B. Conflict Resolution. If either party believes that the other party is not fulfilling its obligations as established by this Agreement, the complaining party shall give written notice of its complaint to the other party. The party receiving the complaint shall, within five (5) calendar days, correct the situation and confirm the correction in writing, or reject the complaint, explaining the mitigating circumstances and why a remedy cannot be achieved. C. Assignment. Except as otherwise specifically set forth herein, City shall not assign or sublet all or any portion of City's commitments as set forth herein or any privilege or right hereunder without the prior written consent of Speedway. Except as otherwise specifically set forth herein, Speedway shall not assign or sublet all or any portion of Speedway's commitments as set forth herein or any privilege or right hereunder without the prior written consent of City. This MOU and each and all of the terms and conditions hereof shall apply to the respective organizations, legal representative, successors, and assigns of the parties. D. No agency or employment. Neither Speedway nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents or employees of City in any manner or for any purpose whatsoever. E. Indemnification. Speedway and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Speedway or any Speedway employee, agent, contractor, official, officer, servant, guest, and/or invitee, at or in its use of Storey Park or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of its premises. F. Compliance with laws. In performing the scope of services required hereunder, City and Speedway shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. G. Term of MOU. This MOU shall become effective as of the Effective Date upon execution by both parties, and shall expire immediately upon the conclusion of the July 4, 2010 event unless earlier terminated or extended in the manner as set forth in this MOU. H. Termination. Grounds for termination of this MOU shall include, but shall not be limited to: an act or omission by either party which breaches any term of the MOU; an act of nature or other unforeseeable event which precludes or makes impossible the performance either party's respective commitments; or a change in circumstances that renders the performance by either MOU BETWEEN CITY AND SPEEDWAY -JULY 4, 2010 EVENT PAGE 3 OF 4 party a detriment to the public health, safety, or welfare. Either party may terminate this Agreement by providing five (5) calendar days advance written notice of intention to terminate. Such written notice shall include a description of the circumstances providing grounds for termination. A forty-eight (48) hour cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this MOU shall automatically terminate. I. Construction and Severability. If any part of this MOU is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of the MOU so long as the remainder is reasonably capable of completion. J. Entire Agreement. This MOU 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. K. Applicable Law. This MOU and all activities occurring hereunder shall be govemed by and construed and enforced in accordance with the laws of the State of Idaho. V. APPROVAL REQUIRED. This MOU shall not become effective until approved by the respective governing bodies of both City and Speedway. 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. MERIDIAN SPEEDWAY: BY: Adam Nelson General Manager, Meridian Speedway CITY OF MERIDIAN: LAN :7,-Z6-Z6/40 Date MOU BETWEEN CITY AND SPEEDWAY -JULY 4, 2010 EvENT PAGE 4 OF 4 Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Memorandum of Understanding - Emergency Management Services of Advisory Council MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MEMORANDUM OF UNDERSTANDING EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL Emergency Medical Services systems in the United States frequently have no process to design systems that are patient -centered in their approach to all components of the system. Furthermore, fragmentation in system components often results in poor communication, duplication of services, lack of coordination of care, and degrades the potential for the best patient outcomes. Through collaboration of all agencies providing Emergency Medical Services (EMS) in Ada County, it is recognized that the best possible service will be provided to our communities. The Parties to this Memorandum of Understanding (MOU) desire to establish an EMS system for the citizens of Ada County based on patient -centered outcomes, utilizing available EMS system design principles and best practices.1 The Parties agree that this is a voluntary commitment to collaborate and provide guidance on the design of a patient -centered system. Each Party agrees that they will provide a representative to this process, with the intent that this voluntary effort be inclusive of all EMS providers, EMS stakeholders and the current EMS Advisory Board within Ada County. It is the intent of the Parties that this MOU will establish a beneficial approach to patient care, develop trust between the various EMS agencies, and provide a process for collaboration that will best meet the needs of the citizens within the EMS system. 1. National EMS Advisory Council Guiding Principles and Core Issues in EMS Design. . b Dated this 12Z qday of 2010. City of Meridian By: o'z A 6� Mayor of Meridian ATTEST: Of M Jaycee an, Meridian City filer SEAL Guiding Principles and Core Issues in EMS System Design EMS Systems Committee 001 -Systems -007 -Final National EMS Advisory Council Committee Reporting Template FINAL(pending format and grammatical changes) September 30, 2009 Committee: Systems Committee Report Number: 001 -Systems -007 -FINAL Title: Guiding Principles and Core Issues in EMS System Design Issue Synopsis: A. Problem statement. EMS systems in the United States frequently have no process to design systems that are patient -centered in their approach to all components of the system. Further, fragmentation in system components degrades the potential for patient -centered outcomes. For these reasons the suggested problem statement developed by NEMSAC for use by the committee is: "System design in emergency medical systems is equally important in urban, rural and frontier areas, yet most localities fail to take a patient -centered approach to system design." B. Resources/references related to the issue 1. National Research Council. 1966. Accidental Death and Disability: The Neglected Disease of Modern Society. Washington: National Academy of Sciences. 2. National Highway Traffic Safety Administration. 1996. Emergency Medical Services Agenda for the Future. Washington, DC: U.S. Department of Transportation. 3. National Fire Protection Association. 2002. NFPA 450: Guide for EMS System Design. Quincy, MA 4. Committee on Trauma Research, National Research Council and Institute of Medicine. 1985. Injury in America: A Continuing Public Health Problem. National Academy Press: Washington D.C. 5. EMSC National Resource Center, Children's National Medical Center. 2009. Gap Analysis of EMS Related Research. Report to the Federal Interagency Committee on EMS. Washington, DC. 6. National Association of State EMS Officials/National Association of EMS Physicians. 2009. Emergency Medical Services Performance Measures Project.* Recommended Attributes and Indicators for System/Service Performance. Falls Church, VA September 2009 FINAL Guiding Principles and Core Issues in EMS System Design EMS Systems Committee 001 -Systems -007 -Final C. Crosswalk with other standards 1. National Highway Traffic Safety Administration. 1996. Emergency Medical Services Agenda for the Future. Washington, DC: U.S. Department of Transportation. 2. National Association of State EMS Officials. 2008. State Emergency Medical Services Systems. A Model. Falls Church, VA 3. National Highway Traffic Safety Administration. 2001. National EMS Research Agenda. Washington, DC: U.S. Department of Transportation. 4. The Institute of Medicine of the National Academies. 2006. Emergency Medical Services: At the Crossroads. Washington, DC Analysis: A. History of EMS system structures. I. EMS System Background In 1966, the National Academy of Sciences and the National Research Council published a landmark report on the state of emergency medical services in the United States. That report, Accidental Death and Disability, the Neglected Disease of Modern Society, provided the initial framework around which a number of EMS systems were organized.'- Importantly the report also provided the impetus for states and localities to begin to regulate EMS because prior to 1966 mortuaries operated more than half of the ambulance services in the United States. The authors of that report stated: Adequate ambulance services are as much a municipal responsibility as fire righting and police services. If the community does not provide ambulance services directly, the quality of these services should be controlled by licensing procedures and by adequate surveillance..." In essence, this report promulgated and supported the largely local nature of EMS that still exists today. Several recommendations in the report were focused on the provision of out of hospital EMS services. The EMS Agenda for the Future' summarized some of those recommendations, which included: L Preparing nationally acceptable training for rescue -squad personnel, police, firemen, and ambulance attendants; ii. Adoption at district, county, and municipal levels of ways and means of providing ambulance services applicable to the conditions of the locality, control and surveillance of ambulance services, and coordination of ambulance services with health departments, hospitals, traffic authorities, and communications services; iii. Initiation of pilot programs to evaluate automotive and helicopter ambulance services in sparsely populated areas and in regions where many communities lack hospital facilities adequate to care for seriously injured persons; September 2009 FINAL Guiding Principles and Core Issues in EMS System Design EMS Systems Committee 001 -Systems -007 -Final Of great concern to the authors of the report was that both the public and government were "insensitive to the magnitude of the problem of accidental death and injury" in the U.S.; that the standards to which ambulance services were held were diverse and "often low"; and that "most ambulances used in this country are unsuitable, have incomplete ... equipment, carry inadequate supplies, and are manned by untrained attendants." Research compiled since that report makes it clear that EMS systems are much more than simply ambulance transport services and that problems continue to exist in EMS system design." Yet, the evidence from that report was so compelling that congress passed the Highway Safety Act of 1966 that established the first organized EMS systems in the United States. EMS systems that are structured based on traditional, historical paradigms are changing rapidly. Many people view EMS as simply ambulance transport or fire department response to medical events. However, those views are being challenged as insurance companies demand more accountability for ambulance transport and emergency treatment, fire departments seek better use of resources, and commercial ambulance firms are caught between strict local requirements, reduced reimbursement by federal agencies, and increasing demand for service. Emergency medical services systems are therefore important considerations for regulators, physicians, and elected officials. In most areas, a body of elected officials has overall responsibility for one or more components of the system, such as fire service first response or transport, or for regulating for-profit ambulance service contracts. In some cases, multiple local agencies exert some level of control over components. In many cases, the systems are fragmented—meaning that few systems have the all-inclusive oversight necessary to manage the interdependence of multiple, autonomous EMS organizations. 2. Regulation and Oversight Regulation and oversight are key components of EMS system design because regulators must be able to ensure accountability and transparency among the providers, and they must ensure compliance with the guiding principles of the system. Further, regulators should structure oversight to achieve integration in regulatory systems to align with regulatory systems across borders to avoid discontinuity in regulations and regulatory practices. Ultimately, regulators and system administrators must ensure that regulatory processes do not inadvertently or otherwise affect the ability of vertical or horizontal supply chain participants. This means that coordination of the regulatory framework must include considerations of local, county, regional, state, and federal oversight, and operational integration of all providers in the system including multiple ground and air resources. September 2009 FINAL Guiding Principles and Core Issues in EMS System Design EMS Systems Committee 001 -Systems -007 -Final B. System design. Current EMS component structures in the United States take many forms. First response may be provided by public agencies such as fire departments using paid or volunteer personnel, tribal members, police agencies, helicopter providers, military personnel, or others; ambulance service may be offered by commercial firms, multi -role fire departments, volunteer agencies, hospitals, police departments, or municipal third - service providers. Emergency communications may be provided by highly sophisticated computerized technology centers, or by more basic centers with basic radio technology and manual data collection. EMS is fundamentally a local service. That is why variability exists between EMS systems across the United States. Each system has evolved according to the local political, economic, legal, and operating environments. Yet few local governments understand the complexity of comprehensive EMS structures because EMS systems are usually poorly defined. One widely accepted EMS system definition is based on NFPA 450,"' which defines an EMS system as "A comprehensive, coordinated arrangement of resources and functions which are organized to respond in a timely, staged manner to medical emergencies regardless of their cause." EMS systems include the primary components of system access and dispatch, first response, medical care delivery, ambulance transport, and definitive hospital care. Additional components such as medical oversight, financing, disaster and surge response, facilities and equipment, and quality improvement processes, are interlocking components of successful EMS systems. C. EMS system development. While a number of authors have identified the outcomes of successful EMS system design, few have identified how to accomplish those outcomes. The concept of system design, and the purpose of this document, is to provide tools to develop high quality, responsive, and responsible EMS systems that meet local needs. Importantly, the tools are not prescriptive; rather they are established as a set of guiding principles that are used to describe a number of elements of the EMS system. Local regulators, physicians, elected officials or others can use the guiding principles to assist in developing local systems or can evaluate current system designs based on the guiding principles. Each of the 16 guiding principles provides a method to make improvements to one of the components of EMS system design. The Guiding Principles are not designed solely for urban EMS systems. They also offer opportunities to provide guidance to rural and frontier systems because these principles September 2009 FINAL Guiding Principles and Core Issues in EMS System Design EMS Systems Committee 001 -Systems -007 -Final and the activities that surround them are intended to be universal. Although the Guiding Principles and Core Issues will be, for the most part, the same for urban, suburban, rural, and frontier EMS systems, specific operational plans for implementing the Guiding Principles and Core Issues may vary greatly between systems. The Guiding Principles are collectively intended to provide direction for a community in EMS system design for current and future needs. The Core Issues, while not all- inclusive lists, are intended to be issues that EMS systems can prioritize according to local needs. Together, the Guiding Principles and the Core Issues can be used to weave the principles of the EMS Agenda for the Future and the Institute of Medicine Report into operating plans for local agencies. The Guiding Principles and the Core Issues are intended to be scalable —not only for different sizes and designs of local systems, but also for regional, state, and multi -state applications. 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E.> E | c■ >� o S . �2c c: r § a' --a 0m 7U 42 lu ) co e § r Kt §7$ = E 8 ■ � M -0 &I £@�0 eo 3:E0 \ % A2 w © § o �• c0 �k§(D CL eeco � CL o x a e © w$ EZZ� §$ 0 f UJ @ � � @ 0 �/2 2ER ■Ec ■ K � o CL a%% ee�■ b k� � Bm�0 ©,$ k@ o &2 rg _tecl _ 2 � ' c : 3 © = e m _xoa w« e i U. / � E I a � Guiding Principles and Core Issues in EMS System Design EMS Systems Committee 001 -Systems -007 -Final E. Committee conclusion The committee supports a patient -centered, evidence -based, systems approach to design of EMS systems. That approach requires that the system stakeholders establish recommendations for guiding principles, core issues, and operational plans for use by agencies of the federal government and by system participants throughout the United States. Recommended Actions/Strategies: National EMS Advisory Council 1. Develop methods for agencies to create operational plans to help achieve the core issues and the guiding principles. National Highway Traffic Safety Administration 1. Support a federal effort to expand, enhance, and fund EMS research based on operational, financial, and medical outcomes criteria. 2. Develop and publish key performance indicators (KPls) for EMS systems to measure and monitor performance. Use NASEMSO Performance Measures document as basis for performance standards. 3. Share committee recommendations with Council on Emergency Medical Care • - - - Formatted: Bullets and Numbering j (CEMC), Emergency Care Coordinating Committee (ECCC), Federal Emergency Management Agency (FEMA), and Federal interagency Council on EMS (FICEMS) so that EMS is not left out of the discussion on health care reform. 4. Provide the Guiding Principles information to federal agencies to assist in funding regionalization demonstration projects. Other Department of Transportation 1. Support a federal effort to expand EMS grant funding so that EMS agencies • - - - Formatted: Bullets and Numbering ) can implement NEMSIS compliant recording and reporting. Federal Interagency Committee on Emergency Medical Services 1. Support a federal effort to expand, enhance, and fund EMS research based on operational, financial, and medical outcomes criteria. 1. National Research Council. 1966. Accidental Death and Disability: The Neglected Disease of Modem Society. Washington: National Academy of Sciences. 2. National Highway Traffic Safety Administration. 1996. Emergency Medical Services Agenda for the Future. Washington, DC: U.S. Department of Transportation. September 2009 FINAL 22 Guiding Principles and Core Issues in EMS System Design EMS Systems Committee 001 -Systems -007 -Final 3. National Fire Protection Association. 2002. Guide for EMS System Design. Batterymarch Park 4. Committee on Trauma Research, National Research Council and Institute of Medicine. 1885. Injury in America: A Continuing Public Health Problem. National Academy Press: Washington D.C. September 2009 FINAL 23 Chairman and President James R. Davidson, M.D., FACEP Vice President Clinical AdministradoWSecretary Brandon Wilding, M.D., FACEP Vice President Finance✓Treasurer Thomas P. Peterson, M.B.A., FACMPE Executive Director Peter J. Angleton, M.D., FAAFP, FACEP Hansel Ashby, M.D., FACEP Randy L. Barnes, M.D. D. Lee Binnion, M.D., FACEP Brian Boesiger, M.D., FACEP Mark Burriesci, M.D. Matthew B. Campbell, M.D. Matthew J. Conklin, M.D., FACEP Benjamin Lee Comett, M.D. Address: 2312 N. Cole Rd, Suite B, Boise, ID 83704 May 11, 2010 Mayor Tammy de Weerd City of Meridian 33 E. Broadway Avenue #300 Meridian, ID 83642 Dear Mayor de Weerd: I DAH O EMERGENCY PHYSICIANS Phone: (208) 322-1730 Robert L. Davis, M.D. Jeffrey R. Dingman, M.D. Eric T. Elliott, M.D. John P. Epperson, Jr., M.D. David T. Gough, D.O., FACEP Heather Hammerstedt, M.D., MPH Mark A. Henzler, M.D., FACEP Ryan Heyborne, M.D. David T. Kim, M.D., FACEP Frederick J. Klein, M.D., FACEP Brian W. Moss, M.D. Michael W. Pool, M.D., FACEP Jason Quinn, M.D. Kristen H. Seek, M.D. Christopher E. Tobe, M.D., FACEP Jessica Waslelewski, M.D. Christopher C. Wyatt, M.D., MBA Fax: (208) 322-1731 Website: www.iep.ora Attached is the Memorandum of Understanding (MOU) developed by all of the Ada County Emergency Medical Services (EMS) Stakeholders, one of whom Was Mark Niemeyer, Chief of Meridian Fire Departmentl. This group worked diligently to develop the MOU, which was unanimously adopted. A list is attached of the EMS Stakeholders requested to sign the MOU. The MOU defines a voluntary commitment to support an Advisory Council inclusive of all EMS providers, to develop a unified EMS system for Ada County. We now ask for your signature and the appointment of a representative to the EMS Advisory Council. Should it be helpful, members of the work group would be happy to meet with you and your EMS constituency to discuss the MOU. The agenda for the working group will be based on the National EMS Advisory Council's document, Guidina Principles and Core Issues in EMS System Design, attached to the MOU. We thank the EMS Stakeholders for the hard Work provided in developing the Memorandum and their precedent setting support of the concept of a unified EMS system. We look forward to working together for the benefit of the citizens of Ada County. Once the MOU is signed, we will call the Advisory Council together, hold organizational elections, and move forward into discussions leading to actions that all EMS entities can discuss, and if appropriate, approve. Cordially Thom s P. Peterson, M.B.A., FACMPE Executive Director Cc: Mark Niemeyer, MFD Chief Enclosure: Memorandum of Understanding — Emergency Medical Services Advisory Council MOU Signatories: Page One David H. Beiter Mayor of Boise John G. Evans Mayor of Garden City Jeff Souza President — Garden City Council Pam Beaumont Member — Garden City Council Mike Moser Member — Garden City Council Elfreda Higgins Member — Garden City Council Tammy de Weerd Mayor of Meridian Fred Tilman Chairman — Board of Ada County Emergency Medical Services District Sharon M. Ullman Commissioner — Board of Ada County Emergency Medical Services District Rick Yzaguirre Commissioner — Board of Ada County Emergency Medical Services District Michael Huffaker City of Eagle Council President J. Scott Dowdy Mayor of Kuna Mike Irvan Chairman — North Ada County Fire & Rescue District Gary Stillwell Chairman — Eagle Fire Protection District Nathan Mitchell Mayor of Star Rich Greene Chairman — Meridian Rural Fire District MOU Signatories: Page Two Joe Stear Chairman — Kuna Rural Fire District Gunnar Howarth Chairman — Star Fire Protection District Judy M. Simmons Chairperson — Whitney Fire Protection District Sally Jeffcoat President & CEO — Saint Alphonsus Regional Medical Center Pam Bernard COO—St. Luke's Regional Medical Center Neeraj Soni, M.D. President— Emergency Medicine of Idaho Po Huang, M.D. President — Idaho Emergency Physicians Doug Rosin President — Ada County Fire Chiefs' Association Tom Peterson Chair — Ada County Emergency Medical Services Advisory Board Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Meridian School Resource Officer Agreement MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MERIDIAN SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, entered into by the City of Meridian, a political subdivision of the State of Idaho, hereinafter referred to as "the City of Meridian", and Joint School District Number 2, Meridian, Idaho hereinafter referred to as "the District". WHEREAS, the District desires increased law enforcement from the City, through the Meridian Police Department; and WHEREAS, the City of Meridian and the Meridian Police Department desire to provide increased law enforcement services to the District, through the Meridian Police Department; and WHEREAS, the parties recognize their mutual interest can be furthered through the use of the School Resource Officer (SRO) Program of the Meridian Police Department; NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. This Agreement shall be for the sole benefit of the District and the City and shall not be interpreted to benefit third parties. The relationship of the parties hereto is that of contractor and independent contractor, and it is expressly understood and agreed that each party and their officers, agents, and employees do not in any way, nor for any purpose, become a partner, agent, joint venturer, servant, or employee of the other. 2. The City of Meridian, through the Meridian Police Department, shall provide School Resource Officer services at designated campuses, as referenced in Paragraph 3 below, including, but not limited to: investigating and preventing crimes against persons or property; identifying and arresting violators of state and local laws; filing investigative reports and other required reports or documents; patrolling; and, to a limited extent, maintaining building security, controlling traffic, and enforcing traffic laws. 3. The City of Meridian shall provide one (1) School Resource Officer at Meridian Middle School, one (1) School Resource Officer at Sawtooth Middle School, one (1) School Resource Officer at Lewis and Clark Middle School, one (1) School Resource Officer at Heritage Middle School, and one (1) School Resource Officer to cover Central Academy, Meridian Academy, Crossroads Middle School, and Pathways Middle School. 4. As a member of the school management team, the SRO shall endeavor to maintain open and regular communication with the assigned school principal and shall positively promote the school, staff, students, and administration to the community. 5. The Meridian Police Chief and the District will determine how the officers performing the duties under this Agreement will be deployed, and the manner in which the services contemplated by the Agreement shall be provided. The Meridian Police Department will communicate to the assigned school principal whenever concerns or problems regarding scheduling, duties, or other items occur. The interiors of buildings will not be patrolled by SRO's except as is necessary to investigate crimes and apprehend criminal suspects; however, the SRO's shall maintain high visibility with students during break and lunch periods. 6. The Meridian Police Chief and his officers shall have the right to exercise due discretion in the performance of this Agreement, including, but not limited to the type, nature, extent, and result of any response or activity undertaken by the Meridian Police Chief and his officers. 7. a. With the exception of paragraph 7(b) below, the conduct of the Meridian Police Chief and his officers will be governed by the Meridian Police Policy Manual (hereinafter "Manual"). In the event that the District's procedures conflict with the procedures set forth in the Manual, the provisions of the Manual shall prevail. The Manual which will be maintained at the Meridian Police Department shall be an integral part of this Agreement and it is incorporated herein as if set forth fully. b. District and Parental Notifications. Not withstanding any other provisions herein to the contrary, the following procedures shall be used in all instances with regard to notifying the principal and/or a student's parents about the interaction of SROs with students: L When an SRO interviews a student in the course of investigating a crime, the SRO shall notify the school principal, or designee, of the fact that an interview with the student was conducted, no later than the end of the school day in which the interview was conducted. ii. In the event that a student is arrested by an SRO or if the SRO finds it otherwise necessary to remove the student from school, the SRO shall immediately notify the principal of the school, or designee. N. Upon receiving notice of any of the above circumstances from an SRO, the principal, or his or her designee, shall make reasonable efforts to contact the student's parent or guardian. If contact is made, the principal may tell the parent or guardian of the student that a police officer questioned the student, removed the student from campus, or arrested the student, as the case may be, and may further state that additional information may be obtained by contacting the Meridian Police Department or if another enforcement agency is involved of which the principal is aware the principal may then give the parent or guardian that information. iv. If a student's parent or guardian contacts the principal about interviews conducted by an SRO, the principal may disclose any information received by the principal from the SRO and may refer further questions to the Meridian Police Department or the correct law enforcement agency if another law enforcement agency is involved of which the principal is aware. Liability arising from any of the above actions shall be governed by paragraphs 18 and 19 of this Agreement. 8. The City of Meridian shall use five (5) suitably trained police officers in meeting its obligation herein, each of whom may be physically present at one of the school campuses referenced in Paragraph 3, in accordance with a schedule that is mutually agreeable to the District and the Meridian Police Department. If 4 scheduling conflicts occur causing an SRO to be off campus during a scheduled on -campus period, efforts will be made to provide prior notice and arrange with the assigned school principal to provide adequate coverage. 9. Meridian police officers providing additional services and police protection under the terms of this Agreement will wear the authorized uniform of the Meridian Police Department. 10. The parties recognize that the District may from time to time adopt policies, procedures, rules, and regulations affecting the conduct of persons present on the campuses referenced in Paragraph 3. To the extent that violation of those policies, procedures, rules, and regulations constitutes a violation of law, including breach of the peace, or a threat to public health or safety, those policies, procedures, rules, and regulations will be enforced by the Meridian Police Chief and his officers. To the extent that violation of those policies, procedures, rules, and regulations does not constitute a violation of the law, the Meridian Police Department is not required to take law enforcement action and will leave the enforcement thereof to the District. SRO's shall inform the principal, or his designee, of violations of school policies, procedures, rules or regulations of which he/she has personal knowledge. 11. This Agreement is for a period commencing on or about August 30, 2010, and ending on or about June 8, 2011 in accordance with the Meridian School District Calendar. It is agreed under the terms of this Agreement that the SRO's shall commence the duties set forth herein one (1) week prior to the first day of classes in the fall of 2010, and will complete the obligations one (1) day after the last day of classes in June 2011. At the present time, the dates set forth in this section are the anticipated starting and ending dates. However, each party to this agreement recognizes, that as of this date, the start and end dates of the 2010 — 2011 school year are tentative and may be changed, and if there are changes, this Agreement shall incorporate such changes as if set forth fully herein. 12. As consideration for the services provided by the City of Meridian pursuant to the terms of this Agreement, the District shall pay the total sum of $221,018.00 to the City of Meridian in two installments. One-half shall be paid on January 30, 2011, and the balance on or before May 31, 2011. 13. Security for special events will be approved and the City of Meridian compensated as follows: SPECIAL EVENTS a. The District shall provide the Meridian Police Department with a list of special events and scheduled after-school activities for all schools within the city limits of Meridian at which the District is requesting law enforcement officers to be present. The Meridian Police Department shall provide a minimum of two police officers for each event one of whom may be a Reserve Police Officer. b. If an event should arise that is not on the original special event list provided by the District, the Community Service Division (CSD) SRO Sergeant shall attempt to provide two law enforcement officers to comply with the request. RECORD OF TIME AND REIMBURSEMENT C. SRO's who attend a special event at his/her designated school and/or officers who work at special events at the request of a district school principal shall complete a Meridian Police Department Time Slip for the event and the requesting principal or his/her designee must sign and approve the completed slip. The SRO and/or officers shall then submit the Meridian Police Department Time Slip to the SRO Sergeant. PAYMENT d. The SRO Sergeant of the Meridian Police Department shall prepare and submit an invoice to the Meridian City Finance Department. The Meridian City Finance Department will invoice the individual school(s) hosting the special event(s) at which SRO(s) or other officers worked at the end of each month. The District shall pay one-half (1/2) of the overtime pay due and owing an SRO who worked at the request of his/her designated school at the SRO's hourly overtime salary. The District shall pay Meridian Police Department standard overtime for all other required Meridian Police Department Officers. 14. The parties recognize that a school within the District may desire to have the Meridian Police Department provide additional security services for 7 sanctioned school events. This agreement does not govern the provision of such additional security services. Additional security services for school events may be addressed in an addendum to this Agreement or in a separate agreement at a later date. 15. The District agrees to provide officers with adequate office space and suitable desks and chairs for the purpose of this Agreement. 16. It is acknowledged by the parties that City of Meridian personnel acting pursuant to this Agreement are not the employees or agents of the District or schools within the District, but rather, they remain the employees of the City of Meridian. 17. Law enforcement personnel acting pursuant to this Agreement may be absent from their assigned campuses on holidays observed by the District. 18. In the event the City of Meridian or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgement asserted against them which arises from acts or omissions of the District, its officers, agents, or employees, the District shall, at its expense, defend and indemnify the City, its officers, agents, employees, insurers, and indemnitors, and hold them harmless in the premises. 19. In the event the District or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgment asserted against it which arises from acts or omissions of the City of Meridian, its officers, agents, or employees, the City of Meridian shall, at its expense, defend and 8 indemnify District, its officers, agents, employees, insurers, and indemnitor, and hold them harmless in the premises. 20. It is acknowledged by the parties that District personnel acting pursuant to this Agreement are not the employees or agents of the City of Meridian, but rather, they remain the employees of the District. 21. This Agreement may be cancelled by either party for non- conformance or poor performance, on thirty (30) days written notice. If the performance defect is corrected during the thirty (30) day period, this Agreement shall continue in full force and effect. If the City of Meridian terminates this Agreement due to the District's failure to timely correct the default in its performance, the District shall pay to the City of Meridian the consideration set out in Paragraph 11, prorated to reflect the number of school days in which services were actually performed by the City of Meridian. 22. The Director of Operations for the school district has the authority to execute this Agreement on behalf of the District; and she/he shall promptly bring this Agreement before said Board of Trustees for its ratification at a regularly scheduled meeting. 23. This Agreement shall be interpreted in accordance with the laws of Idaho. 24. This Agreement constitutes the entire agreement of the parties and all other agreements, oral or written, are included in and merged herein. 7 25. This agreement may be modified only by a mutually executed written addendum signed by the Meridian School District Director of Operations and the Mayor of the City of Meridian. 26. The principal of each school shall, in writing, provide the Meridian Police Chief with a designee to contact in the event the SRO cannot contact the principal when so required pursuant to this Agreement. 27. Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed via the United States mail, addressed as follows: Chief of Police Meridian Police Department 1401 E. Watertower Ave. Meridian, Idaho 83642-2300 Director of Operations Meridian School District 1303 E. Central Drive Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 28. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 10 ;7 / DATED this d y of , 2010. CITY OF MERIDIAN BY: R�-- v R Tommy de;v"—rd- Dowid Mayor of Meridian BY: J f f Ta"o Meridian Chief of Pol e ATTEST: :fayc# Ho maFi rFo City Clerk SEAL SEAL "= yo ��sr iso ,� T SCHOOL DISTRICT NO. 2 '.� �''''''�►++►►►►►►WO y �ilyecto of OperaYons SEAL rman of the Board 11 r"\ MERIDIAN SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, entered into by the City of Meridian, a political subdivision of the State of Idaho, hereinafter referred to as "the City of Meridian", and Joint School District Number 2, Meridian, Idaho hereinafter referred to as "the District". WHEREAS, the District desires increased law enforcement from the City, through the Meridian Police Department; and WHEREAS, the City of Meridian and the Meridian Police Department desire to provide increased law enforcement services to the District, through the Meridian Police Department; and WHEREAS, the parties recognize their mutual interest can be furthered through the use of the School Resource Officer (SRO) Program of the Meridian Police Department; NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. This Agreement shall be for the sole benefit of the District and the City and shall not be interpreted to benefit third parties. The relationship of the parties hereto is that of contractor and independent contractor, and it is expressly understood and agreed that each party and their officers, agents, and employees do not in any way, nor for any purpose, become a partner, agent, joint venturer, servant, or employee of the other. 2. The City of Meridian, through the Meridian Police Department, shall provide School Resource Officer services at designated campuses, as referenced in Paragraph 3 below, including, but not limited to: investigating and preventing crimes against persons or property; identifying and arresting violators of state and local laws; filing investigative reports and other required reports or documents; patrolling; and, to a limited extent, maintaining building security, controlling traffic, and enforcing traffic laws. 3. The City of Meridian shall provide one (1) School Resource Officer at Meridian Middle School, one (1) School Resource Officer at Sawtooth Middle School, one (1) School Resource Officer at Lewis and Clark Middle School, one (1) School Resource Officer at Heritage Middle School, and one (1) School ,..� Resource Officer to cover Central Academy, Meridian Academy, Crossroads Middle School, and Pathways Middle School. 4. As a member of the school management team, the SRO shall endeavor to maintain open and regular communication with the assigned school principal and shall positively promote the school, staff, students, and administration to the community. 5. The Meridian Police Chief and the District will determine how the officers performing the duties under this Agreement will be deployed, and the manner in which the services contemplated by the Agreement shall be provided. The Meridian Police Department will communicate to the assigned school principal whenever concerns or problems regarding scheduling, duties, or other items occur. The interiors of buildings will not be patrolled by SRO's except as is necessary to investigate crimes and apprehend criminal suspects; however, the SRO's shall maintain high visibility with students during break and lunch periods. 6. The Meridian Police Chief and his officers shall have the right to exercise due discretion in the performance of this Agreement, including, but not limited to the type, nature, extent, and result of any response or activity undertaken by the Meridian Police Chief and his officers. 7. a. With the exception of paragraph 7(b) below, the conduct of the Meridian Police Chief and his officers will be governed by the Meridian Police Policy Manual (hereinafter "Manual"). In the event that the District's procedures conflict with the procedures set forth in the Manual, the provisions of the Manual shall prevail. The Manual which will be maintained at the Meridian Police ,--r Department shall be an integral part of this Agreement and it is incorporated herein as if set forth fully. b. District and Parental Notifications. Not withstanding any other provisions herein to the contrary, the following procedures shall be used in all instances with regard to notifying the principal and/or a student's parents about the interaction of SROs with students: i. When an SRO interviews a student in the course of investigating a crime, the SRO shall notify the school principal, or designee, of the fact that an interview with the student was conducted, no later than the end of the school day in which the interview was conducted. ii. In the event that a student is arrested by an SRO or if the SRO finds it otherwise necessary to remove the student from school, the SRO shall immediately notify the principal of the school, or designee. N. Upon receiving notice of any of the above circumstances from an SRO, the principal, or his or her designee, shall make reasonable efforts to contact the student's parent or guardian. If contact is made, the principal may tell the parent or guardian of the student that a police officer questioned the student, removed the student from campus, or arrested the student, as the case may be, and may further state that additional information may be obtained by contacting the Meridian Police Department or if another enforcement agency is involved of which the principal is aware the principal may then give the parent or guardian s� that information. iv. If a student's parent or guardian contacts the principal about interviews conducted by an SRO, the principal may disclose any information received by the principal from the SRO and may refer further questions to the Meridian Police Department or the correct law enforcement agency if another law enforcement agency is involved of which the principal is aware. Liability arising from any of the above actions shall be governed by paragraphs 18 and 19 of this Agreement. 8. The City of Meridian shall use five (5) suitably trained police officers in meeting its obligation herein, each of whom may be physically present at one of the school campuses referenced in Paragraph 3, in accordance with a schedule that is mutually agreeable to the District and the Meridian Police Department. If scheduling conflicts occur causing an SRO to be off campus during a scheduled on -campus period, efforts will be made to provide prior notice and arrange with the assigned school principal to provide adequate coverage. 9. Meridian police officers providing additional services and police protection under the terms of this Agreement will wear the authorized uniform of the Meridian Police Department. 10. The parties recognize that the District may from time to time adopt policies, procedures, rules, and regulations affecting the conduct of persons present on the campuses referenced in Paragraph 3. To the extent that violation of those policies, procedures, rules, and regulations constitutes a violation of law, including breach of the peace, or a threat to public health or safety, those policies, procedures, rules, and regulations will be enforced by the Meridian Police Chief and his officers. To the extent that violation of those policies, procedures, rules, and regulations does not constitute a violation of the law, the Meridian Police Department is not required to take law enforcement action and will leave the enforcement thereof to the District. SRO's shall inform the principal, or his designee, of violations of school policies, procedures, rules or regulations of which he/she has personal knowledge. 11. This Agreement is for a period commencing on or about August 30, 2010, and ending on or about June 8, 2011 in accordance with the Meridian School District Calendar. It is agreed under the terms of this Agreement that the SRO's shall commence the duties set forth herein one (1) week prior to the first day of classes in the fall of 2010, and will complete the obligations one (1) day after the last day of classes in June 2011. At the present time, the dates set forth in this section are the anticipated starting and ending dates. However, each party to this agreement recognizes, that as of this date, the start and end dates of the 2010 — 2011 school year are tentative and may be changed, and if there are changes, this Agreement shall incorporate such changes as if set forth fully herein. 12. As consideration for the services provided by the City of Meridian pursuant to the terms of this Agreement, the District shall pay the total sum of $221,018.00 to the City of Meridian in two installments. One-half shall be paid on January 30, 2011, and the balance on or before May 31, 2011. 13. Security for special events will be approved and the City of Meridian ,..� compensated as follows: SPECIAL EVENTS a. The District shall provide the Meridian Police Department with a list of special events and scheduled after-school activities for all schools within the city limits of Meridian at which the District is requesting law enforcement officers to be present. The Meridian Police Department shall provide a minimum of two police officers for each event one of whom may be a Reserve Police Officer. b. If an event should arise that is not on the original special event list provided by the District, the Community Service Division (CSD) SRO Sergeant shall attempt to provide two law enforcement officers to comply with the request. 6 RECORD OF TIME AND REIMBURSEMENT C. SRO's who attend a special event at his/her designated school and/or officers who work at special events at the request of a district school principal shall complete a Meridian Police Department Time Slip for the event and the requesting principal or his/her designee must sign and approve the completed slip. The SRO and/or officers shall then submit the Meridian Police Department Time Slip to the SRO Sergeant. PAYMENT d. The SRO Sergeant of the Meridian Police Department shall prepare � and submit an invoice to the Meridian City Finance Department. The Meridian City Finance Department will invoice the individual school(s) hosting the special event(s) at which SRO(s) or other officers worked at the end of each month. The District shall pay one-half (1/2) of the overtime pay due and owing an SRO who worked at the request of his/her designated school at the SRO's hourly overtime salary. The District shall pay Meridian Police Department standard overtime for all other required Meridian Police Department Officers. 14. The parties recognize that a school within the District may desire to have the Meridian Police Department provide additional security services for sanctioned school events. This agreement does not govern the provision of such additional security services. Additional security services for school events may be addressed in an addendum to this Agreement or in a separate agreement at a later date. 15. The District agrees to provide officers with adequate office space and suitable desks and chairs for the purpose of this Agreement. 16. It is acknowledged by the parties that City of Meridian personnel acting pursuant to this Agreement are not the employees or agents of the District or schools within the District, but rather, they remain the employees of the City of Meridian. 17. Law enforcement personnel acting pursuant to this Agreement may 10-1\ be absent from their assigned campuses on holidays observed by the District. 18. In the event the City of Meridian or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgement asserted against them which arises from acts or omissions of the District, its officers, agents, or employees, the District shall, at its expense, defend and indemnify the City, its officers, agents, employees, insurers, and indemnitors, and hold them harmless in the premises. 19. In the event the District or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgment asserted against it which arises from acts or omissions of the City of Meridian, its officers, agents, or employees, the City of Meridian shall, at its expense, defend and 8 indemnify District, its officers, agents, employees, insurers, and indemnitor, and hold them harmless in the premises. 20. It is acknowledged by the parties that District personnel acting pursuant to this Agreement are not the employees or agents of the City of Meridian, but rather, they remain the employees of the District. 21. This Agreement may be cancelled by either party for non- conformance or poor performance, on thirty (30) days written notice. If the performance defect is corrected during the thirty (30) day period, this Agreement shall continue in full force and effect. If the City of Meridian terminates this Agreement due to the District's failure to timely correct the default in its performance, the District shall pay to the City of Meridian the consideration set s-� out in Paragraph 11, prorated to reflect the number of school days in which services were actually performed by the City of Meridian. 22. The Director of Operations for the school district has the authority to execute this Agreement on behalf of the District; and she/he shall promptly bring this Agreement before said Board of Trustees for its ratification at a regularly scheduled meeting. Idaho. 23. This Agreement shall be interpreted in accordance with the laws of 24. This Agreement constitutes the entire agreement of the parties and all other agreements, oral or written, are included in and merged herein. s� 9 25. This agreement may be modified only by a mutually executed written addendum signed by the Meridian School District Director of Operations and the Mayor of the City of Meridian. 26. The principal of each school shall, in writing, provide the Meridian Police Chief with a designee to contact in the event the SRO cannot contact the principal when so required pursuant to this Agreement. 27. Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed via the United States mail, addressed as follows: Chief of Police Meridian Police Department 1401 E. Watertower Ave. Meridian, Idaho 83642-2300 Director of Operations Meridian School District 1303 E. Central Drive Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 28. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 10 0 - DATED this 2 2 day of , 2010. ATTEST: 'Zfayc Ho City Clerk SEAL CITY OF MERIDIAN BY: 03c, — Dow i d �o�,.�.�•-�'' 'I Mayor of Meridian BY: Jeff Lavey Meridian Chief of Police ��• OF M afl B19A , T SCHOOL DISTRICT NO.2 q CbUNT`( J11111#1111111% r 11 Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Steve Hobbs - Musical Talent for Concerts on Broadway for an Amount Not to Exceed $1,312.80.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting nATI .lane 22. 2010 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: Artists Acceptance Agreement for Initial Point Gallery - Dwight Williams MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS - (e c� shyie- ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWOff IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made thisO' day of 2010 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Dwight Williams, an individual person whose address is 655 E. Kingsford Drive, Meridian, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on December 3, 2009, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on January 19, 2010, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on June 18, 2010, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately thirty (30) framed paintings, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on June 18, 2010 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from June 18, 2010 to July 16, 2010 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 16, 2010, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 Of 6 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display his artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 Of 6 V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, his servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 Of 6 B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL PoiNT GALLERY DISPLAY PAGE 4 of 6 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent parry and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require his artistic talent or expertise. Artist may subcontract or assign obligations that do not require his artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INrfIAL POINT GALLERY DISPLAY PAGE 5 Of 6 Artist: Dwight Williams 655 E. Kingsford Drive Meridian, Idaho 83642 (208) 887-6473 Dwight5332@q.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the L' day of -A.&" re... , 2010. ARTIST: r.',1., Dwight W ' ams STATE OF IDAHO j ss: OF '���'�nn,,,n.,,.,,�µn4``�`` County of I HEREBY CERTIFY that on this jj%�iay of2010, before the undersigned, a Notary Public in the State of Idaho, personally appeared Dwight Williams, known to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Po�ry Public for Idaho Residing at Idaho My Commission Expires: 'a — Le CITY OF MERIDIAN: BY: �- Attest: Jaycee lman, City Clerk_ $EAL ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY %,,,'9O G`''IST ts� ., Q����`�` PAGE 6 of 6 Exhibit A Meridian Commission Call for Artists: 2010 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2010 Initial Point Gallery Series, a series of one-month -exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space -60 feet on either side of a generous space; featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20% of proceeds from works sold due to their display in Initial Point Gallery. ELIGIBILITY: The 2010 Initial Point Gallery Series is to be comprised of professional -quality, ready -to -hang, two-dimensional, original art that is conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper must be under glass or acrylic. No piece will be displayed which: cannot be safely hung using the gallery's system; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selected artists or organizations will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Please note that applicants whose proposals are accepted for exhibition may re -apply every other year. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2010 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed. Application Et Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, please ensure that each image is of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or by e-mail request to mac@meridiancity.org. Materials submitted for consideration cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, November 20, 2009. SELECTION PROCESS: The selection of art for the 2010 Initial Point Gallery Series wilt be made by MAC. MAC will notify a selected artist or organization that their work has been chosen for display in Initial Point Gallery by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; • Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2010 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Exhibit B ­. Application £t Acknowledgments: 2010 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: ® 1 am submitting this form as an individual artist. ❑ 1 am submitting this form on behalf of an organization. Artist/Org. Name: 17wi Ca NT U% i l -u t /WW1 s Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: Day: ST1-la4'13 Evening: Cell: 3' 4 APPLICATION OVERVIEW: Check one: ❑ I/we propose to fill one half of Initial Point Gallery with artwork. IN I/w propose to fill the entire Initial Point Gallery with artwork. Number of pieces: %8 o Average size of pieces: 30 APPLICATION MATERIALS: M Completed, signed Application It Acknowledgements Form 61 Biography of artist or informational statement regarding organization, no longer than one 8r4 x 11" page; It A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. IR Up to five digital images representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with artist's last name or organization name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will not be accepted via a -mail. I1 $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. HANGING INFORMATION: Initial Point Gallery is equipped with a track system for hanging exhibits. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. Wires or eyehooks may not be used for hanging, and clip frames are not allowed. The D -rings should be approximately a quarter of the distance of the total frame height from the top fo the frame, in order to avoid slanting away from the wall. LETTER OF INTENT My thoughts for an exhibit in The Initial Point Gallery is very simple. It would consist of the collection of paintings that are, what we call at our home, "Keepers." That is, the Williams family collection of Williams paintings. Over the last four decades or so there are certain paintings that Barbara and I have decided we don't need to sell or show any more. Some are works that have won some nice awards in juried shows, often in national and regional exhibits. Others are paintings that we have just recognized as favorites, for various reasons, that we wanted to keep around. A few of the paintings in this collection are ones that have never been out of the house. They were taken of of the painting table as I was deciding if they were done and, with a "thanks", Barbara took them as her own. Therefore, nothing in this exhibit, if it indeed comes to pass, will be for sale. We thought this might be a good time and place to bring this collection into the daylight for public viewing. I have not actually counted which of the paintings will be included but a quick counting of what I might bring means that one theme could be British works on one wall and western U.S. subjects on the other wall. Dwight Williams DWIGHT WILLIAMS 655 E. Kingsford Drive Meridian, Idaho 83642 (208) 887-6473 Dwight Williams has painted watercolors, taught studio classes, and conducted workshops and painting demonstrations in the northwest United States for forty years. His work is well known in this region and is included in many private, corporate, and institutional collections throughout the U.S., Canada, Japan, Britain, France, Austria, and Germany. Williams is a native of Missouri and received early training at the Kansas City Art Institute and in a very good high school art program. He is a graduate of Baker University, Baldwin City, Kansas, and Berkeley, California, concentrating on philosophy, psychology, theology and social ethics. Over the years his work has appeared in a large number of regional and national juried exhibits, invitational shows, and in a variety of publications, frequently winning juror's awards. He is both a charter member and merit member of the Idaho Watercolor Society. His work has won awards and been included in the IWS travelling exhibit most years since the inception of the society. He has exhibited several times in Watercolor U.S.A., the Northwest Watercolor Society, and many other regional juried shows. During the last twenty-five years his popular western American themes have been supplemented by a large and colorful collection of British landscapes and architectural subjects; a result of extensive travel in England, Scotland, and Wales. Exhibi t C ACKNOWLEDGMENTS: I,VU161 t O f Vel , hereby acknowledge the following stipulations and agree that if my/my organization's art work is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: i� A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. DWB. its If my work is selected for display in Initial Point Gallery, the City of Meridian and agents will "T� exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. owC. Any insurance of the art work displayed in Initial Point Gallery shall be the sole responsibility of the '"m"` artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork D. displayed in Initial Point Gallery, While art work displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the F. artist or organization. The City may display the work of more than one artist or organization in Initial Point Gallery at any '"m time, at the City's sole discretion. G. Art work submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feet welcome and comfortable. To this end, only artists and art work meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shalt be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions, , Signature: " Print name:&P614r Date: 0 sq log To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interestl Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 5J PROJECT NUMBER: ITEM TITLE: Agreement for Independent Contractor Services with Alta Construction, Inc. for Well 28 Pumping Facilities Construction for a Not to Exceed Amount of $351,105.00 MEETING NOTES Arr CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS - �- n a C EIDIAN*..--o-- Public A HO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Worthington, P.E. Staff Engineer DATE: 6/7/2010 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WITH ALTA CONSTRUCTION, INC. FOR WELL 28 PUMPING FACILITIES CONSTRUCTION FOR A NOT -TO -EXCEED AMOUNT OF $351,105.00 (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the Agreement with Alta Construction, Inc. for Well 28 Pumping Facilities Construction in a not to exceed amount of $351,105.00; and 2. Authorize the Mayor to sign the agreement. 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 Page 1 of 3 489-1349 489-1343 489-1350 489-1372 III. DESCRIPTION A. Background Construction of Well #28 was budgeted for fiscal year 2010 in accordance with the City's Water Master Plan Update of 2006 prepared by CH2MHILL. The well drilling has been completed and construction of the pumping facilities will finish the project. B. Proposed Project . This project will provide the next drinking water source for the City of Meridian. The pumping facilities construction will involve adding the new pump, associated piping and appurtenances, electrical equipment, on-site hypochlorite generation and extending the existing Blackrock Booster Station building to house the facilities. On-site hypochlorite generation was added to the pumping facilities design as an alternative to the storage of bulk liquid chlorine. On-site hypochlorite generation equipment provides a means to process sodium hypochlorite for water disinfection using electricity, salt and water. This process offers the following advantages: 1. Increased safety 2. Reduced costs after initial investment is recouped (Approx. 3 year payback) with a 15 year savings of approximately $300,000 3. Consistent solution strength 4. No hazardous chemicals On-site generation allows sodium hypochlorite to be produced and allocated based on the amount of flow from the well. Production and allocation based on flow provides for more accurate disinfection dosing and increased operational safety by eliminating the storage and handling of large amounts of liquid chlorine. C. Contractor Selection Alta Construction, Inc. was the lowest bidder, has a Public Works Contractor license and is qualified to complete the required work. IV. IMPACT A. Strategic Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: Currently, there are no water supply wells in the upper pressure zone (zone 5). The addition of a new well to provide water supply to this zone was indentified as a priority in our 2006 Water Master Plan update prepared by CH2MHILL. When complete, well 28 will supply 3.6 mgd (million gallons per day) to this pressure zone meeting demands for water distribution and fire flow. Page 2 of 3 C. Fiscal Impact: Project Costs: Base Bid Amount (Not -to -exceed) Contingency $351,105.00 $38,183.00 Final Costs $389,288.00 Project Funding Enterprise Fund for Well #28 (3490-96166) $389,288.00 V. TIME CONSTRAINTS The Well 28 Pumping Facilities Construction project has an expected completion date of October 2010. Council's approval of the agreement is critical to meet this projected timeline. VI. LIST OF ATTACHMENTS A. Agreement for Approved for Council Agenda: Inde en nt Con or Services to Page 3 of 3 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WELL 28 PUMPING FACILITES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 22nd day of June, 2010, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and ALTA CONSTRUCTION. INC ., hereinafter referred to as "CONTRACTOR", whose business address is 5266 W State St, Boise, ID 83704 and whose Public Works Contractor License # is C-003938. INTRODUCTION Whereas, the City has a need for services involving Well 28 Pumping Facilities (Construction); and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is Well 28 Pumping Facilities (Construction) page 1 of 14 Project No. PW -10-10179 copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $351,105.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services Well 28 Pumping Facilities (Construction) page 2 of 14 Project No. PW -10-10179 rendered under this Agreement., including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) October 30, 2010 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 120 calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of five hundred dollars ($500.00) per calendar day. Such Well 28 Pumping Facilities (Construction) page 3 of 14 Project No. PW -10-10179 payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the Well 28 Pumping Facilities (Construction) page 4 of 14 Project No. PW -10-10179 personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or Well 28 Pumping Facilities (Construction) page 5 of 14 Project No. PW -10-10179 subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on this project. Well 28 Pumping Facilities (Construction) page 6 of 14 Project No. PW -10-10179 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 208-489-0416 Alta Construction, Inc Attn: Stephen Jones 5266 W State St Boise, ID 83704 (208) 853-1720 Cell: (208) 761-0211 Idaho Public Works License #: C-003938 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any Well 28 Pumping Facilities (Construction) page 7 of 14 Project No. PW -10-10179 federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and Well 28 Pumping Facilities (Construction) page 8 of 14 Project No. PW -10-10179 CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN ALTA BY: Qzio - IVI-YOR �4LPHEN •lord 1 -• -• Approved by City Council: t' " a �" �' 1 Well 28 Pumping Facilities (Construction) Project No. PW -10-10179 page 9 of 14 Attest: 0%111111►►11 � I 01 JAYCEE LddT1OLIVTAN, CITY CLERK= SEAL -� Approved as to Content 90 �sr 191 lllllltllll BY: A/� KEIT A/ -S, PURCHAS G MANAGER Dated: V2 - lo ` 10 Approved as to Form CITY ATTORNEY Well 28 Pumping Facilities (Construction) Project No. PW -10-10179 Approval 1� t BY• NAME: Clint Worthington TITLE: �Ta°} ►=r ��,✓�� �,✓ ci Dated: D page 10 of 14 Attachment A SCOPE OF WORK CONSTRUCTION OF WELL 28 PUMPING FACILITES REFER TO INVITATION TO BID PW -10-10179 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -10-10179, are by this reference made a part hereof. Well 28 Pumping Facilities (Construction) page 11 of 14 Project No. PW -10-10179 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $351,105.00. The undersigned Contractor hereby agrees to construct the City of Meridian Well No. 28 Pumping Facilities in accordance with the Plans and Special Provisions. The bid prices shown shall include all labor, equipment, tools, materials and incidentals as required for a complete and workable installation. The bid prices shown shall include sales tax and all other applicable taxes and fees. Quantities shown are estimated and may vary during construction. The Contractor shall be res onsible for obtainin and paying for all permits. Item No. Estimated Unit Item Description Unit Price Bid Item Quantity (With Unit Price Written in Words) Bid Total 202.4.1.A.1 300 CY Excavation $11.32 $ 3,396 401.4.1.A.1a 82 LF 6" Water Main, AWWA C-900, DR 18, PVC $20.28 $ 1,663 401.4.1.A.1 b 31 LF 12" Water Main, AWWA C-900, DR 18, PVC $151.79 $ 4,705 402.4.1.A.1 a 1 EA 6" Gate Valve $ 697 $ 697 402.4.1.A.1 b 2 EA 12" Gate Valve $ 1,872 $ 3,744 403.4.1.A.1 1 EA Fire Hydrant Assembly $ 2,139 $ 2,139 404.4.1.A.1 1 Ea 1" Dual Water Service Connection $ 1,228 $ 1,228 706.4.1.A.5 128 LF Standard 6 -inch Vertical Curb & Gutter $ 9.00 $ 1,152 706.4.1.B.1 25 LF 4' Concrete Valley Gutter $ 15.70 $ 393 Well 28 Pumping Facilities (Construction) page 12 of 14 Project No. PW -10-10179 802.4.1.A.1 184 CY 3/4" Minus Crushed Aggregate Base $ 21.62 $ 3,977 810.4.1.A.3 320 SY 2-1/2" Thick Hot Plant Mix Pavement $ 17.88 $ 5,722 2040.4.1.A.1 457 LF 6' Coated Chain Link Fence w/ 20' Gate $ 18.80 $ 8,592 SP -1 1 LS Vertical Turbine Pump & Motor $51,877 $51,877 SP -2 1 LS Discharge Piping $34,657 $34,657 SP -3 1 LS Chlorination Equipment $71,567 $71,567 SP -4 1 LS Pump House Addition $52,556 $52,556 SP -5 1 LS Electrical $68,076 $68,076 SP -6 1 LS Heating, Ventilation And Air Conditioning $12,466 $12,466 SP -7 1 LS Fire Sprinkler System Update $ 3,814 $ 3,814 SP -8 1 LS Storm Water Management $ 1,396 $ 1,396 SP -9 1 LS Construction Permits $ 1,865 $ 1,865 SP -10a 1 LS Landscaping — Irrigation System $ 3,707 $ 3,707 SP -10b 10 EA Landscaping — Trees $ 239.9 $ 2,399 SP -10c 40 EA Landscaping - Shrubs $ 27.26 $ 1,090 SP -10d 194 CY Landscaping - Topsoil $ 15.26 $ 2,961 Well 28 Pumping Facilities (Construction) page 13 of 14 Project No. PW -10-10179 SP -10e 260 LF Landscaping - Concrete Curb $ 4.91 $ 1,276 SP -10f 581 SY Landscaping — Bark Mulch w/ Fabric $ 6.87 $ 3,990 TOTAL COMPENSATION $ 351 105 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Well 28 Pumping Facilities (Construction) page 14 of 14 Project No. PW -10-10179 Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: License Agreement with the Bureau of Reclamation to Cross the McDonald Lateral MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS t Contract No. 10-07-11-1,2890 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Arrowrock Division, Boise Project, Idaho CONSENT TO USE THIS CONSENT TO USE AGREEMENT, hereinafter referred to as Agreement, made this -30 day of ,, jt_a t7,t�. 20 J6 pursuant to the Act of Congress June 17, 1902 (32 Stat. 388), Section 10 of the Act of 1939, and Acts amendatory thereof or supplementary thereto, known as the Federal Reclamation Laws, by and between the UNITED STATES OF AMERICA, and its assigns, hereinafter called the United States, and represented by the authorized official executing this Agreement, and CITY OF MERIDIAN, hereinafter referred to as CONSENTEE. WITNESSETH, THAT: 2. WHEREAS, in connection with the Arrowrock Division, Boise Project, Idaho, hereinafter referred to as the Project, the United States, through the Bureau of Reclamation, Department of the Interior, has, pursuant to Federal Reclamation Laws, constructed and owns, operates and maintains certain power, communication and irrigation works hereinafter referred to as the project facility; and, 3. WHEREAS, said project facility, known as the McDonald Lateral, operated and maintained by Boise Project Board of Control, hereinafter called the BOARD is under a repayment contract with the United States; and, 4. WHEREAS, the CONSENTEE desires to construct and install a sanitary sewer line and potable water line in and across said Project waterway; and 5. WHEREAS, the CONSENTEE desires to lower the existing water main line in and across said project waterway on Eagle Road. NOW, THEREFORE, in consideration of the mutual covenants and stipulations hereinafter stated, the parties hereto do mutually agree as follows: 6. FEES The United States, hereby in consideration of the sum of $200.00 for administrative fees, receipt of which is hereby acknowledged, hereby consents to the CONSENTEE, subject to the terms and conditions of this Agreement, the right to construct, use, operate and maintain said improvement and appurtenant structures across the said waterway easement in the SW'/SW/, Sec. 21, and the NW'/, Sec. 28, T. 3 N., R. 1 E., B.M. in the manner and at the location shown on the attached Exhibits "A", `B", "C" and "D", all exhibits by this reference made a part hereof 7. TERM (a) The term of this Agreement is set in perpetuity, and the rights and privileges granted in this Agreement will inure to the benefit of, and binding upon, the heirs, successors, and assigns of the parties thereto. (b) Reclamation may, at any time and at no cost or liability to the United States, terminate this Agreement in the event of a natural disaster, a national emergency, a need arising from security requirements, or an immediate and overriding threat to public health and safety. (c) Reclamation may, at any time and at no cost or liability to the United States, terminate this Agreement for activities other than existing authorized private exclusive recreational or residential use as defined under 43 CFR § 429.2 if Reclamation determines that any of the following apply: (i) The use has become incompatible with authorized project purposes, project operations, safety, and security; (ii) A higher public use is identified through a public process described in 43 CFR § 429.32(a)(1); or (iii) Termination is necessary for operational needs of the project. (d) Reclamation may, at any time and at no cost or liability to the United States, terminate any use authorization if Reclamation determines that the CONSENTEE has failed to use the use authorization for its intended purpose. Further, failure to construct within the timeframe specified in the terms of this Agreement may constitute a presumption of abandonment of the requested use and cause termination of this Agreement. (e) Reclamation may, at any time and at no cost or liability to the United States, terminate this Agreement if the CONSENTEE fails to comply with all applicable Federal, State, and local laws, regulations, ordinances, or terms and conditions of the Agreement, or for failure to obtain any required permits or authorizations. parties. This Agreement is granted subject to all rights previously acquired by third 9. EASEMENT LANDS The United States has only an easement right at the point of crossing of the canal; 2 therefore, CONSENTEE shall obtain further clearance from the parties owning the underlying fee. 10. SEVERABILITY Each Provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law, but if any provision of this Agreement shall be deemed or determined by competent authority to be invalid or prohibited hereunder, such provision shall be ineffective and void only to the extent of such invalidity or prohibition, but shall not be deemed ineffective or invalid as to the remainder of such provision or any other remaining provisions, or of this Agreement, as a whole. 11. SPECIAL STIPULATIONS CONSENTEE agrees that the construction, installation, operation and maintenance (O&M) shall be conducted as follows: (a) The CONSENTEE shall notify the BOARD seven (7) days prior to beginning construction work. (b) Pipeline utility crossings shall be encased in steel casing for the full width of the easement. (c) Vertical clearance between the casing of the utility and the Reclamation pipeline shall be a minimum of 19 inches. (d) CONSENTEE's structures shall be constructed, operated and maintained by the CONSENTEE without cost to the United States or its assigns, and in such a manner as to cause no interference with the normal operation of the works of the United States. All construction, reconstruction and maintenance work performed by the CONSENTEE upon the premises of the United States shall be undertaken only at times, according to plans, and in a manner satisfactory to the authorized official. (e) All backfill placed in the facility or its embankments shall be placed and compacted to the satisfaction of the authorized official. The facility and appurtenant works shall be restored by the CONSENTEE to a condition at least as good as before the work was accomplished. (f) This document only authorizes a potable water line, sanitary sewer line crossing of the canal and lowering of existing water line crossing of the canal on Victory Road. In accordance with Idaho Code section 42-1102, et seq, additional encroachments onto the right- of-way by public or private roads, utilities, fences, gates, pipelines, structures, or other construction or placement of objects, need specific written permission. Encroachments of any kind placed in such right-of-way without express written permission shall be removed at the expense of the person or entity causing or permitting such encroachment upon the request of the owner of the right-of-way. 12. HAZARDOUS MATERIALS (a) The CONSENTEE may not allow contamination or pollution of Federal lands, waters, or facilities and for which the CONSENTEE has the responsibility for O&M by its employees or agents and shall take reasonable precautions to prevent such contamination or pollution by third parties. Substances causing contamination or pollution shall include, but are not limited to, hazardous materials, thermal pollution, refuse, garbage, sewage effluent, industrial waste, petroleum products, mine tailings, mineral salts, misused pesticides, pesticide containers, or any other pollutants. (b) The CONSENTEE shall comply with all applicable Federal, State, and local laws and regulations, and Reclamation policies and directives and standards, existing, or hereafter enacted or promulgated, concerning any hazardous material that will be used, produced, transported stored, or disposed of, on or in, Federal lands, waters, or facilities. (c) "Hazardous material" means any substance, pollutant, or contaminant listed as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § 9601, e"se . and the regulations promulgated pursuant to that Act. (d) Upon discovery of any event which may or does result in contamination or pollution of Federal lands, waters or facilities, the CONSENTEE shall initiate any necessary emergency measures to protect health, safety, and the environment and shall report such discovery with full details of the actions taken to the authorized official. Reporting may be within a reasonable time period. A reasonable time period means within twenty-four (24) hours of the time of discovery if it is an emergency, or by the first working day if it is a non- emergency. An emergency is any situation that requires immediate action to reduce or avoid endangering public health and safety or the environment. (e) Violation of any of the provisions of the Article, as determined by the authorized official, may constitute grounds for termination of this Agreement. Such violations require immediate corrective action by the CONSENTEE and shall make the CONSENTEE liable for the cost of full and complete remediation and/or restoration of any Federal resources or facilities that are adversely affected as a result of the violation. (f) The CONSENTEE agrees to include the provisions contained in paragraphs (a) through (e) of this Article in any subcontract or third -party contract it may enter into pursuant to this Agreement. 0 (g) Reclamation agrees to provide information necessary for the CONSENTEE using reasonable diligence, to comply with the provisions of this Article. 13. DISCOVERY OF CULTURAL RESOURCES The CONSENTEE shall immediately provide an oral notification to Reclamation's authorized official of the discovery of any and all antiquities or other objects of archaeological, cultural, historic, or scientific interest on Reclamation lands. The CONSENTEE shall follow up with a written report of their finding(s) to Reclamation's authorized official within forty-eight (48) hours. Objects under consideration include, but are not limited to, historic or prehistoric ruins, human remains, funerary objects, and artifacts discovered as a result of activities under this authorization. The CONSENTEE shall immediately cease the activity in the area of the discovery, make a reasonable effort to protect such discovery, and wait for written approval from the authorized official before resuming the activity. Protective and mitigative measures specified by Reclamation's authorized official shall be the responsibility of the CONSENTEE. 14. PROTECTION OF UNITED STATES INTERESTS The CONSENTEE shall construct, operate, and maintain its structures in a good workmanlike manner and shall insure compliance with all laws, regulations, and orders of the United. States, and any other public authority affecting such works. The failure of CONSENTEE after due notice to abide by any of the terms and conditions of any applicable laws, rules, or regulations shall cause this Agreement to be subject to immediate termination at the option of the authorized official. 15. HOLD HARMLESS The CONSENTEE hereby agrees to indemnify the United States for, and hold the United States and all of its representatives harmless from, all damages resulting from suits, actions, or claims of any character brought on account of any injury to any person or property arising out of any act, omission, neglect, or misconduct in the manner or method of performing any construction, care operation, maintenance, supervision, examination, inspection, or other activities of the CONSENTEE. 16. LAND USE STIPULATION The United States, acting through Reclamation, Department of the Interior, reserves rights to construct, operate, and maintain public works now or hereafter authorized by the Congress without liability for termination of this agreement or other damage to the CONSENTEE' S activities or facilities. 17 ILLEGAL USE 5 Any activity deemed to be illegal on Federal lands will be cause for immediate termination of this Agreement. 18. NONDISCRIMINATION ON THE BASIS OF RACE COLOR OR NATIONAL ORIGIN The CONSENTEE hereby agrees as follows: (a) To comply with Title VI (Section 601) of the Civil Rights Act of July 2, 1964 (78 Stat. 241) which provides that "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance," and to be bound by the regulations of the Department of the Interior for the effectuation thereof, as set forth in 43 CFR § 17. (b) To obligate its subcontractors, subgrantees, transferees, successors in interest, or any other participants receiving Federal financial assistance hereunder, to comply with the requirements of this provision. 19. NONDISCRIMINATION ON THE BASIS OF DISABILITY The CONSENTEE hereby agrees as follows: (a) To comply with Section 504 of the Rehabilitation Act of 1973, Public Law 93-112, as amended which is designed to eliminate discrimination on the basis of disability in any program or activity receiving Federal financial assistance. (b) To obligate its subcontractors, subgrantees, transferees, successors in interest, or any other participants receiving Federal financial assistance hereunder, to comply with the requirements of this provision. 20. NONDISCRIMINATION ON THE BASIS OF AGE The CONSENTEE agrees as follows: (a) To comply with the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.; and the general age discrimination regulations at 45 CFR § 90 which are designed to prohibit discrimination on the basis of age in programs and activities receiving Federal financial assistance, as set forth in 43 CFR § 17. (b) To obligate its subcontractors, subgrantees, transferees, successors in interest, or any other participants receiving Federal financial assistance hereunder, to comply with the requirements of this provision. Cel 21. UNRESTRICTED ACCESS There is reserved to the United States, the right of its officers, agents, employees, licensees and permittees at all times and places freely to have ingress to, passage over, and egress from all of said right-of-way for the purposes of exercising, enforcing and protecting the rights reserved herein. 22. TERMINATION This Agreement shall terminate at the option of the authorized official, if CONSENTEE fails to comply with any of the terms and conditions hereof, upon mutual agreement of all parties, upon six (6) months' nonuse of this improvement by CONSENTEE, or if the authorized official determines that there is an overriding public or project need for the land for an incompatible use. The provisions of this Agreement shall apply to and bind the successors and assigns of the parties hereto, but no assignment or transfer of this Agreement or any part or interest therein shall be valid until approved by the authorized official. 23. NOTICES (a) All notices required or desired to be given under this Agreement shall be in writing and may be delivered by personal delivery or by deposit in the United States Mail, postage prepaid, as certified mail, return receipt requested, and addressed as follows: Board: Paul J. Deveau, Manager Boise Project Board of Control 2465 Overland Road Boise, ID 83705 (208) 344-1141 Consentee: Reclamation: Jerrold D. Gregg, Area Manager Bureau of Reclamation 230 Collins Road Boise, ID 83702 (208) 383-2200 Tammy de Weerd, Mayor City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 (208) 898-5500 (b) Any notice delivered by personal delivery shall be deemed received by the addressee upon actual delivery. Any notice delivered by certified mail shall be deemed received by the addressed on the third business day after deposit. The addresses to which notices are to be delivered may be changed by giving notice of such change in accordance with this paragraph. K This paragraph shall apply where notice is required under this Agreement, and no specific requirements are set forth. Where this Agreement provides for a specific notice in a different manner, the more specific requirements shall prevail. (c) The parties hereby designate the Area Office Manager, the Board Manager, and the Mayor, as their authorized representatives for this Agreement. These individuals shall have authority to take any action allowed or required under this Agreement, on behalf of their employer. The parties may change their designated representatives at any time by giving notice of such change in accordance with Article 23. (a) above. 24. REMOVAL OF STRUCTURES (a) If the construction, or O&M of any or all of such structures and facilities of the United States across, over, under, or upon said right-of-way should be made more expensive by reason of the existence of improvements or works of CONSENTEE thereon, such additional expense is to be estimated by the Secretary of the Interior, whose estimate is to be final and binding upon the parties hereto. Within (30) days after demand is made upon CONSENTEE for payment of any such sums, CONSENTEE will make payment to the United States or any of its successors or assigns. As an alternative to payment, CONSENTEE, at its sole cost and expense and within the time limits established by the United States, may remove or adapt facilities constructed and operated by it on said right-of-way to accommodate the aforementioned structures and facilities of the United States. CONSENTEE shall bear any costs incurred by the United States occasioned by the failure of CONSENTEE to remove or adapt its facilities within the time limits specified. (b) Upon revocation of the consent to use the United States easement, the CONSENTEE shall remove all structures, equipment, or other improvements made by it from the premises at no cost to the United States. Upon failure to remove any such improvements with sixty (60) days of expiration, termination, or revocation, any remaining improvements shall, at the option of the United States, be removed or become the property of the United States. The CONSENTEE shall pay all the expenses of the United States, or its assigns, related to removal of such improvements. (c) The BOARD and the United States, its officers, agents, and employees and its assigns shall not be held liable for any damage to CONSENTEE'S improvements or works by reason of the exercise of the rights here reserved; nor shall anything contained in this paragraph be construed in any manner limiting other reservations in favor of the United States contained in this Agreement. 25. OFFICIALS NOT TO BENEFIT No member of or Delegate to Congress or resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit that may arise herefrom. This restriction shall not be construed to extend to this Agreement if made with a corporation or company for its general benefit. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF MERIDIAN THE UNITED STATES OF AMERICA Bureau of Recl�Ifiat 230 Collins Road Boise, Idaho 83702 Manager This Agreement has been considered and is hereby approved by the BOISE PROJECT BOARD OF CONTROL this ` day of �, , 2 )1 i Signed by Paul J. Deveau, Manager ACKNOWLEDGEMENTS STATE OF IDAHO ) )ss County of Ada ) On this day of J , 2 0r Ll 'personally appeared before me41", , to me known to be the official of the BOISE PROJECT BOARD OF CONTROL that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said BOARD for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and ffixed my official seal the day and year first above written. -A k, �•,,.••;,••�•;••►.,,,_ Not ublic in and for the State of Idaho Residing at: iK, n My commission expires: �, 2 S_ STATE OF IDAHO )ss County of A4k ) On this day of wr�c- , 2 l o , personally appeared before me1 d -Z to me known to be the person(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •000000 •.••1CA Jp••.• (SE, 9 :••: M o• .�:�V STATE OF IDAHO ) )ss County of Ada ) State of Idaho Residing at: My commission expires: f _ On this _ 3 ' day of Juoc , 2! � ��� , personally appeared before me J Lry, JJ 1) t�(aC , to me known to be the official of the UNITED STATES OF AMERICA that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said United States for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Pu is in andor the +�►� State of Idaho OtA e,� Residing at: My commission expires: l=G' s 0 10 01011011100, 10 Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: MDA 10-004: Third Addendum to development Agreement for The Tree Farm by Spurwing Greens, LLC MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS "� �y OY�C.�i �'lcl, -6JYte.C'r1e. n,re Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Findings of Fact and Conclusions of Law for Approval: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter-day Saints Located West side of Stoddard, Midway Between Overland Road and Victory Road: Request to Remove the Five Twelve Subdivision from the Recorded Development Agreement (Inst. # 1061511232) MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 5N PROJECT NUMRER- ITEM TITLE: Resolution -Revising the Secondary Employment Policy of the City of Meridian Police Department Policy and Procedures Manual Including the Hiring of On -Duty Officers by Private Parties MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS �' ��� N/ A N/ � 91-A CITY OF MERIDIAN RESOLUTION NO. 9-730 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION REVISING THE SECONDARY EMPLOYMENT POLICY OF THE CITY OF MERIDIAN POLICE DEPARTMENT POLICY AND PROCEDURES MANUAL AND INCLUDING THE HIRING OF ON -DUTY OFFICERS BY PRIVATE PARTIES (MPD 2-6-9); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 11, 2010, the City Council of Meridian received a report from the Meridian Police Department regarding the draft revision to the Secondary Employment Policy including a section regarding Hiring of On -Duty Officers by Private Parties (Meridian Police Department Policy 2-6-9); and WHEREAS, after receiving said report, the City Council directed that the revision of the Secondary Employment Policy including a section regarding Hiring of On -Duty Officers by Private Parties be brought forward in Resolution form as a revision to the Meridian Police Department Policy and Procedures Manual (2-6-9). NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the revision to the MPD Secondary Employment Policy including a section regarding Hiring of On -Duty Officers by Private Parties, a copy of which is attached to this Resolution and incorporated herein by this reference, is hereby adopted. Section 2. That the Chief of the Meridian Police Department is hereby authorized to implement said policy and incorporate it into the Police Policy and Procedures Manual. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of City of Meridian, Idaho this 22 el day of 2010. ff APPROVED by the Mayor of the City of Meridian, Idaho, this ZZ day of . Jtx rte- ; 2010. APPROVED: ��OWOF?A OATTEST: By. AL Jayc . Holman, City Clerk �G a RESOLUTION ADOPTING MERIDIAN POLICE E))EROeR HIRING OF ON—DUTY OFFICERS BY PRIVATE P)MS V] ',-,,�� COUNT �„���``\\. CLchi �) MA -34''Z - SECONDARY EMPLOYMENT AND Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 5P PROJECT NUMBER: ITEM TITLE: Resolution -A Resolution by the Mayor and City Council Adopting the Energy Efficiency Conservation Strategy (EECS) MEETING NOTES Jv-"73a- CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. % 0 - -2 3 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, ADOPTING THE CITY OF MERIDIAN ENERGY EFFICIENCY AND CONSERVATION STRATEGY (EELS). WHEREAS, in an effort to improve the energy efficiency, transparency, accountability, and innovation of local government, the City of Meridian decided to prepare an Energy Efficiency and Conservation Strategy (EECS). WHEREAS, This EECS outlines the City of Meridian's long-range plans to integrate energy efficiency and energy independence, sustainability, resource conservation, environmental stewardship, improvements in air quality, and reductions in greenhouse gasses into the everyday operations of City government. WHEREAS, as part of the Energy Strategy, the City's mission, vision, and ongoing initiatives were incorporated into the energy planning process. These factors will be integral in directing policy options and for implementing the City's current and future energy projects. Moreover, they will help to guide and centralize the energy planning process; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian hereby adopts the Energy Efficiency Conservation Strategy attached as Exhibit "A." / ADOPTED by the City Council of the City of Meridian, Idaho, this � day of^�, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this ZZ day of- , 2010. APPROVED: Of MEf��D�'�., c � ATTEST: U &�ATF By. OVAL - 0-4r� *cecl. Holman, City'ler -v cp ��sr RESOLUTION ADOPTING ENERGY EFFII� C( S VATION STRATEGY (EELS) — PAGE 1 OF I Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: -Amended onto the Agenda at the Meeting: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter-day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request to Remove the Five Twelve Subdivision From the Recorded Development Agreement (Inst. # 1061511232) MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS l� (s` -u O�,C�� na\ �-Of�r�ne - tie Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: PROJECT NUMBER: CQ ITEM TITLE: Resolution -A Resolution of the Mayor and City Council Adopting the Interagency Governmental Agreement for Waiver of Cost and Fees with ACHD MEETING NOTES Req veGG - -b remove -4orn 4U -e- ConSe-n+ ryl �)w d jW �V 0 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. %Q - 73 1 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, ADOPTING AN INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES BY AND BETWEEN THE CITY OF MERIDIAN AND ADA COUNTY HIGHWAY DISTRICT, HEREINAFTER REFERRED TO AS "ACHD". WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. WHEREAS, the City of Meridian and ACHD are both "taxing districts," as defined by Idaho Code § 63-201. WHEREAS Pursuant to Idaho Code § 67-8203(7) of the Idaho Development Impact Fee Act, a taxing district must pay an impact fee for a development that is for an activity within the taxing district's public responsibility if ACHD's impact fee ordinance expressly includes taxing districts as being subject to paying development impact fees. WHEREAS, ACHD's Impact Fee Ordinance No. 208, as amended from time to time (the "Ordinance") Section 7304.2 expressly states that taxing districts are obligated to pay development impact fees, unless ACHD and the taxing district enter into a written agreement that provides otherwise. WHEREAS, the City and ACHD have determined that it is against public policy for two taxing districts comprised of some or all of the same taxpayers to tax one another. The City and ACHD have further determined it to be in the public's best interest to provide that neither party shall charge the other any fees or other amounts that would otherwise be funded by taxpayer funds. RESOLUTION ADOPTING INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - PAGE I OF 2 WHEREAS, the principal term and condition of the attached Interagency Governmental Agreement for Waiver of Cost and Fees is to provide that neither party shall be obligated to provide any fees or charges to the other during the term of the Agreement; WHEREAS, the City and ACHD agree on the details of the attached Interagency Governmental Agreement for Waiver of Cost and Fees and there is a consensus that the terms and conditions of the Agreement are in the best interest of each agency; and WHEREAS, the Meridian City Council, upon full review and consideration of the foregoing, finds that the Interagency Governmental Agreement for Waiver of Cost and Fees is in the best interest of the public; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian hereby adopts the Interagency Governmental Agreement for Waiver of Cost and Fees attached as Exhibit "A." Section 2. The Mayor is authorized and directed to execute and/or deliver the attached Interagency Governmental Agreement for Waiver of Cost and Fees in substantially the form presented at the meeting and any related documents necessary to consummate the contemplated transaction. ADOPTED by the City Council of the City of Meridian, Idaho, this Z day of n.t , 2010. IJ APPROVED by the Mayor of the City of Meridian, Idaho, this ZZ day of 2010. APPROVED: d ATTEST: \\\\\\\ y � � E �d �tLc �. a, 12G -17',c i -k— CI-31'1� f , By: Jayce Holman, City Clerg SEAL _ RESOLUTION ADOPTING INTERAGENCY GOVEIi'1iIENT FOR WAIVER OF COSTS AND FEES - PAGE 2OF2 MllfIIIIW INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES THIS INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES ("Agreement") is made and entered into this 9h day of June, 2010, by and between the Ada County Highway District, a body politic and corporate of the State of Idaho ("ACHD") and the City of Meridian, an Idaho municipal corporation ("City"). RECITALS A. ACHD is a single county -wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction, and authority to maintain, improve, regulate, and operate public rights-of- way in Ada County. B. City is a public entity organized and operating pursuant to Idaho Code Title 50, as amended and supplemented. City is a municipal corporation with jurisdiction, authority and police power to regulate and control municipal activities within the City. C. Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. D. ACHD and City are both "taxing districts," as defined by Idaho Code § 63-201. E. Pursuant to Idaho Code § 67-8203(7) of the Idaho Development Impact Fee Act, a taxing district must pay an impact fee for a development that is for an activity within the taxing district's public responsibility if ACHD's impact fee ordinance expressly includes taxing districts as being subject to paying development impact fees. F. ACHD's Impact Fee Ordinance No. 208, as amended from time to time (the "Ordinance") Section 7304.2 expressly states that taxing districts are obligated to pay development impact fees, unless ACHD and the taxing district enter into a written agreement that provides otherwise. G. The parties have determined that it is against public policy for two taxing districts comprised of some or all of the same taxpayers to tax one another. The parties have further determined it to be in the public's best interest to provide that neither party shall charge the other any fees or other amounts that would otherwise be funded by taxpayer funds. INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 1 H. In consideration of the above, the purpose of this Agreement is to set forth in writing the parties' agreement that neither party shall be obligated to provide any fees or charges to the other during the term of this Agreement as further set forth below. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do mutually undertake, promise, and agree as follows: SECTION 1. PURPOSES AND POWERS/INCORPORATION OF RECITALS In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. SECTION 2. NO PAYMENT OF FEES During the Term (defined below) of this Agreement, neither party shall be obligated to pay to the other any fees, impact fees, charges, or any other types of expenditures (each of the foregoing defined herein as a "Fee") for any services, activities, unimproved rights-of-way, other unimproved real property, regardless of the provision and/or transfer to the other of such services, activities, rights-of-way, or other real property, except as otherwise agreed in writing and signed by both parties. SECTION 3. EFFECTIVE DATE/TERM AND TERMINATION 3.1 Effective Date. This Agreement shall become effective upon the date upon which both parties' governing boards have authorized it (the "Effective Date") pursuant to Idaho Code § 67-2332. 3.2 Term and Termination. The term of this Agreement shall be ten (10) years (the "Term") after the Effective Date unless it is terminated earlier as follows: Either party may terminate this Agreement upon sixty (60) days' written notice to the other, provided, however, that any Fees that would have been due and payable by the terminating party eighteen (18) months prior to the date of termination that were not owed due to the existence of this Agreement shall become immediately due and payable and paid on the date of termination of this Agreement. Subject to the foregoing, upon termination of this Agreement, neither party shall have further recourse hereunder except with respect to the payment of Fees as set forth in this Section 3.2 INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 2 SECTION 4. GENERAL PROVISIONS 4.1 Constitutional Debt Limitation. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. 4.2 Attorna Fees. In the event of any controversy, claim, suit, proceeding or action being filed or instituted between the parties to enforce the terms and conditions of this Agreement, or arising from the breach of any provision hereof, the.prevailing party will be entitled to receive from the other Party all costs, damages, and expenses, including reasonable attorneys' fees including fees on appeal, incurred by the prevailing party. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration. 4.3 Choice of Law. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 4.4 _Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. 4.5 Binding Agreement. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 4.6 Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 4.7 Waiver, Acknowledgments and Modifications. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by ACHD and City. 4.8 Headings. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 4.9 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 3 4.10 Limitations on Liability. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. 4.11 Time is of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF MERIDIAN Jim- a ATTEST: .�`�`y OF MER/p�'''�.,��� cl- Jaycee lblman, City Clem BEAL C o ��•�`�� '///, 'it II1111%"\\ ATTEST: ��" a-� cC' Susan Slaughter, Secretary ADA COUNTY HIGHWAY DISTRICT INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 4 Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Continued Public Hearing from June 1, 2010 - PFP 10-002 Freedomworks Subdivision by Wally Morgas Located SWC of W. Overland Road and South Stoddard Road: Request for Approval of a combined Preliminary / Final Plat consisting of 3 building lots on 11.91 acres of land in a C -G zoning district MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Public Hearing - TE 10-016 Trilogy Subdivision by Conger Management Group Located 4325 W. Chinden Boulevard: Request for Approval of an 18 month Time Extension to Obtain the City Engineer's Signature on the First Final Plat MEETING NOTES �Regves�- -%o Coni-xhwe -�D 714612,ot o CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Open Public Hearing and Comment Period Regarding the Draft 2010 CDBG Action Plan MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET June 22, 2010 ITEM # 7C PROJECT NUMBER PROJECT NAME Draft CDBG 2010 Action Plan PLEASE PRINT NAME FOR AGAINST NEUTRAL JUN 222010 CITY OF E� CITY CLERKS OFFICE Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: VAC 10-004 - Gramercy Subdivision No. 1 by Gramercy, LLC Located at southside of Overland Road, east of Wells Avenue: Request for Vacation of the 20 x 20 foot Public Domestic Water and Sewer Easement Platted on Lots 1 and 2, Block 2 MEETING NOTES 'Re9ve-Ss� -EO ValCa\-C — W X11 be, rnahced 4 � '? (a, /2 oL p vgj�u:d /41 /--67 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 8A1 PROJECT NUMBER: ITEM TITLE: Economic Development Update by Brenda Sherwood MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: $A2 PROJECT NUMBER: ITEM TITLE: Department Report - Budget Amendment for Meridian Business Day IV for a Not to Exceed Amount of $6,000.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS W 0 3 C CD W < O —I �, C C Q O. 0°1 o y3 �o ° 3 ° CD 0 Cr `A 00 CL 3 0� aN 0 CD CD 3 a g - v o cca p d 0 3 ��'a a * nN cc N m 0 l< 1w 68 0(DCD n Q 3 � y. n O p CLCL O CL cn CD c 0 = O °f a < 7 0 N O Q- CD am c o a w n °' O �� ° to pr N c 3 CD �' ,. = CD W�0 �� O a ° CD -a CD � 0 I a+3�c a En E a EPN $CCL rn a� c 0CD am 0o v cn c .� 3 -93 CD CA 'O '� 3 N CD 0 cc Cmo o =yo= 06 a CD 3 m ��, 0CD 73 :3 3 -i c► 3 t0 c a 3 CD 2 Q Cn O C Q w N a1 cl y-.* rn' a) o ` mQ- a �i Q 3 cCD � X N a3 o 0 o CCD m CLa ° a cn ° 3 K m ° CD M a N CD W C � = cc CD w CU C' cn 0 < o D cnc c 0 m 0 CD s CD c o C) CD < 0 o CD 3. 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D1 CCD R fR W n 00 m D 30 Z D z 3z m C7 zM _m 00 (D3 � o m o eo o U 0� m m m m CD m CD CD y N N CD 0 N T p 0 0 m 0 0 ❑ ❑ ❑ ❑ z Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Legal Department Report - Sewer and Service Agreement Between the City of Meridian and Coleman Homes, LLC MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (- 'o�� tD -o� N l A (0 " cA -�—o ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO 06123110 03:24 PM DEPUTY Use Bari RECORDED -REQUEST OF III Ili! 11111111111111111 IN I III Meridian City 110057971 AMENDED AND RESTATED SEWER SERVICE AGREEMENT P ie : 1. City of Meridian 2, Coleman Homes LLC THIS SEWER SERVICE AGREEMENT ("Agreement") is made and entered into this Z-211011day of June 2010, by and between City of Meridian, a municipal corporation of the State of Idaho (hereinafter called "City") and Coleman Homes LLC, an Idaho limited liability company, whose address is 1859 S. Topaz Way, Suite 200, Meridian, Idaho 83642 (hereinafter "Coleman"). RECITALS WHEREAS, Coleman is the owner of the Cabella, Creek Subdivision located at the Northeast Corner of Mesa Way and East Victory Road, situated in a portion of the SE '/ of T.3N., R.IE., Section 19, Boise Meridian, Ada County, Idaho as legally described in Exhibit A, attached hereto and incorporated herein; and WHEREAS, as a condition of approval of the Final Plat of Cabella Creek Subdivision (FP -06-044) ("Final Plat") the owner/developer of the subdivision is responsible to provide sewerability to the subdivision through the installation of a temporary off-peak sanitary sewer pumping station in a location designated by the Public Works Department; and WHEREAS, the prior owner of the Cabella Creek Subdivision, ATM Development LLC ("ATM"), provided a letter of credit to assure construction of the sanitary sewer pumping station; and WHEREAS, Coleman became responsible for the construction of the sanitary sewer pumping station upon assuming ownership of the Cabella Creek Subdivision; and WHEREAS, City and Coleman have agreed to an alternative and permanent plan, in lieu of the installation of a temporary off-peak sanitary sewer pumping station, to provide the required sewer capacity to the Cabella Creek Subdivision, to wit: The construction of an extension of the Black Cat Sewer Line; and WHEREAS, Coleman has agreed to provide funding for its proportionate share of the extension of the Black Cat Sewer Line to provide sewerability to the Cabella Creek Subdivision; and WHEREAS, City has agreed to continue to provide sewer services to the Cabella Creek Subdivision; and AMENDED AND RESTATED SEWER SERVICE AGREEMENT — Page 1 of 7 WHEREAS, the City has agreed that Coleman's participation in funding the extension of the sewer line satisfies the condition of approval on the Final Plat requiring construction of the temporary pumping station; and WHEREAS, in June 2009, the parties executed a Sewer Service Agreement, signed by Coleman on June 11, 2009 and by City on June 16, 2009 ("Prior Agreement"); and WHEREAS, the parties intend this Agreement to amend and restate, in its entirety, the Prior Agreement, such that the Prior Agreement shall be null, void and of no further effect following the execution of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, which the parties agree are good and adequate consideration, the parties agree as follows: 1. INCORPORATION OF RECITALS. That the above recitals are contractual and binding, true and correct, and are incorporated herein as if set forth in full. 2. DEFINITIONS. For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: (a) City means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the State of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642. (b) Owners/Developers means and refers to Coleman Homes LLC, whose address is 1859 S. Topaz Way, Suite 200, Meridian, ID 83642, and shall include any subsequent owner(s) or developer(s) of the Property. (c) Property means and refers to that certain parcel(s) of property located in the County of Ada, City of Meridian as described in Exhibit A and by this reference incorporated herein as if set forth at length. 3. AGREEMENTS REGARDING PROVISION OF SEWER SERVICES. (a) Payment of Proportionate Share. Within ten (10) days following execution of this Agreement, Coleman shall make a one-time payment of One Hundred Sixteen Thousand Two Hundred Eighty One Dollars and 27/100ths ($116,281.27), which is the parties' current estimate of Coleman's proportionate share of the extension of the Black Cat Sewer Line to provide sewerability to the Cabella Creek Subdivision ("Coleman Sewer Contribution"). In the event that Coleman's proportionate share of the actual cost of the Black Cat Sewer Line extension is less than $116,281.27, as established by bills or receipts received by City, City shall promptly pay Coleman the difference between $116,281.27 and the actual proportionate share. AMENDED AND RESTATED SEWER SERVICE AGREEMENT — Page 2 of 7 (b) Agreement to Provide Sewer Services; Satisfaction of Condition. In exchange for the Coleman Sewer Contribution, the City shall continue to provide necessary sewer services to the Cabella Creek Subdivision, and the lots located therein. Furthermore, the City accepts the Coleman Sewer Contribution in satisfaction of its condition of approval on the Final Plat for the Cabella Creek Subdivision that the Owner/Developer of the Property install a temporary off-peak sanitary sewer pumping station in a location designated by the City's Public Works Department. 4. CITY REPRESENTATIONS AND WARRANTIES. City represents and warrants that after all necessary easements have been obtained, it will design and install the extension of the Black Cat Sewer Line in accordance with City standards and design parameters necessary to accommodate approved development on the Property, applicable laws, and the plans for the Cabella Creek Subdivision approved by City. City represents and warrants that the approved plans accommodate sewer service for the total units approved for development on the Property. City further represents and warrants that it will reserve sufficient sewer treatment capacity to serve the lots approved on the Property. 5. NOTICES. Any notice under this Agreement shall be in writing and be delivered in person or by public or private courier service (so long as such services provide written confirmation of delivery) (including U.S. Postal Service Express Mail) or certified mail, return receipt requested. Any notice given by registered or certified mail shall be sent with return receipt requested. All notices shall be addressed to the parties at the addresses contained herein or at such other addresses as the parties may from time to time direct in writing. Any notice shall be deemed to have been given on (a) actual delivery or refusal, or (b) three (3) business days after mailing by registered or certified mail. If to City: City of Meridian Attention: City Clerk 33 E. Broadway Avenue Meridian, Idaho 83642 With copy to: Attention: City Attorney 33 E. Broadway Avenue Meridian, Idaho 83642 If to Coleman: Coleman Homes LLC Attention: Thomas M. Coleman, Jr. 1859 S. Topaz Way, Suite 200 Meridian, Idaho 83642 With a copy to: Givens Pursley LLP Attention: Deborah E. Nelson 601 W. Bannock Street P.O. Box 2720 Boise, Idaho 83701 AMENDED AND RESTATED SEWER SERVICE AGREEMENT — Page 3 of 7 6. ATTORNEY FEES. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by a court of competent jurisdiction, including reasonable attorneys' fees on appeal. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 7. BINDING UPON SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 8. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes and extinguishes all written or oral prior agreements between the parties hereto with respect to the subject matter hereof. No extension, change, modification or amendment to or of this Agreement of any kind whatsoever shall be made or claimed by the City or Coleman, and no notice of any extension, change, modification or amendment made or claimed by the City or Coleman shall have any force or effect whatsoever unless the same shall be endorsed in writing and be signed by the party against which the enforcement of such extension, change, modification or amendment is sought, and then only to the extent set forth in such instrument. 9. GENERAL. Time is of the essence for this Agreement. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. This Agreement may be executed in counterparts, each of which shall constitute an original, but all together shall constitute one and the same Agreement. The laws of the state of Idaho shall govern this Agreement. [End of Text] AMENDED AND RESTATED SEWER SERVICE AGREEMENT — Page 4 of 7 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. ONMR/DEVELOPER: STATE OF IDAHO ) ) ss. County of Ada ) COLEMAN HOMES LLC By. Thomas M. Coleman, Jr. t r - On this del— day of 2010, before me, a Notary Public in and for said State, personally appeared Thomas M. Coleman, Jr., known or identified to me to be the person who signed the above on behalf of Coleman Homes LLC, and acknowledged to me that he executed the same on behalf of said entity. ClK# NOTARY PUBLIC for IDAHO r7- WTARY Fu" Residing at m Pik 117 A a. S� �r Commission expires 2Z- D j CP AMENDED AND RESTATED SEWER SERVICE AGREEMENT – Page 5 of 7 CITY; CITY OF MERIDIAN By. STATE OF IDAHO ) ) ss. County of Ada. ) On this 22! '-dayda of J tx-� , 2010, before me, a Notary Public in and for said State, personally appeared ► 4aALI.-4 . ac:LAor identified to me to be the person who signed the above on behalf of the City of Meridian, and acknowledged to me that s/he executed the same on behalf of said City. •• 1CA Jp •. 5'O TA��'�cD 4NTARY PUB C fo O • Residing at . • Commission expires ;�f j9 .A�j�jQ��••i AMENDED AND RESTATED SEWER SERVICE AGREEMENT — Page 6 of 7 Exhibit A r Lots 3, 4, 5, 6, 7 and 8 in Block 1, Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 211 229 23, 24, 25, 26, 27, 28 and 29 in Block 2, Lots 1, 2 and 3 in Block 3, Lot 3 in Block 4, Lots 3, 4, 5, 6 and 7 in Block 6 of Cabella Creek Subdivision, according to the plat thereof, filed in Book 100 of Plats at Pages 12999 through 13004, and as amended by Affidavit recorded March 18, 2008 as Instrument N. 108031228, records of Ada County, Idaho. AMENDED AND RESTATED SEWER SERVICE AGREEMENT - Page 7 of 7 Meridian City Council Meeting noTF- June 22. 2010 ITEM TITLE, ITEM NUMBER: PROJECT NUMBER: Joint Department Report: Development Services and Legal Department - Discussion with Council Regarding the Time Extension Conditions for Cavanaugh Ridge MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER J. DAVIU MUM NY 8013E IDAHO 06123110 03:24 PM DEPUTY Lisa Batt iiq RECORDED—REQUEST OF i@057967 Meridian City (SEE ATTTACHED EXHIBIT A and B) The temporary construction easement is for the purpose of the construction of a sanitary sewer line and relate incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns shall be temporary. The termination of this easement shall expire 30 days after the installation and acceptance of said sewer line by the Grantee. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sewer line, 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. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the 1 of 3 MnA -B were_ no -L lcdEn'� L TEMPORARY CONSTRUCTION EASEMENT _ — o THIS INDENTURE, made this Qa day of J urC 20 t O between DBSI TANANA VALLEY LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, ED Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: o W WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the d premises and property hereinafter particularly bounded and described; and o ! o� c WHEREAS, the sanitary sewer is to be provided for through an underground pipeline tor ,__LCD be constructed by others and or Grantee; and _2 U o LUV. LU c� NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and CCC* other good and valuable consideration, the Grantors do hereby give, grant and convey = o is= °C unto the Grantee the right-of-way for an easement for the construction of a sewer line 8 H over and across the following described property: dmcccan (SEE ATTTACHED EXHIBIT A and B) The temporary construction easement is for the purpose of the construction of a sanitary sewer line and relate incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns shall be temporary. The termination of this easement shall expire 30 days after the installation and acceptance of said sewer line by the Grantee. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sewer line, 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. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the 1 of 3 MnA -B were_ no -L lcdEn'� boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: DBSITANAN By: representativeConrad ers, Authorizeof the Chapter 11 Trustee for DBSole member of DBSI Tanlley LLC STATE OF O ) (�� ss County of W IU On this day of U , 20 f O , before me, the undersigned, a Notary Public in and for said State ersonally appeared r rS known or identified to me to be the v r I n Y of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. I KITAROFFICW. SEAL YPUBM-OREGMN THANAEL P WEIKEL NO AR PUBLIC FOR t NO MMISSION NO. A427897 Commission Expires:MMISSION EXPIRES APRIL 9, 2012 2of3 GRANTEE: CITY OF MERIDIAN Tommy de-VAWr4'-Mft70r- a.cf i o' SEAL Attest by Jaycee L. Holman, City Clerk'--- Approved lericApproved By City Council On: ��rnrrrr rr���� STATE OF IDAHO ) ss County of Ada ) On this day of Jyr\e-- , 20 _0, before me, the undersigned, a Notary Public in and�f rs�aid State, personally appeared �6y:'e7w% ti�--and JAYCEE L. HOLMAN, known to be the 1�Iayor and City Clerk, respectively, of t e f Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. •ease•• O�AWTARY PUBLIC OR �.�d' •w%� • Residing at: Viu ta- 1 :(SIAL) Commission Expires: Jan W -b 1 Ll_ �•• 97'E OF �•• 3 of 3 EXHIBIT A J- 43.ENGIWECR , Inc. . CJ --U-8-" Region oirmvenue i 1 S • Northstar i4venue THRs f8p$, ID 83301 208-733-2414 Fax: 208-733.9455 www.lub.Wn Project: 10-10,020 Date: Aprit12, 2010 AARCEL'DOCRIPTION for CITY OWRIDIAN• . TEMPORARY. CQNSTRLICzION ELEMENT That'poroon of xhe Nertb $i of Section 30, Township 3.North, Wge 1 East, 4oise Meridian, Ada Ct�ntp, Maho, and being:more pathic-Utarly.de"Ibed aps'folloWS tomtrl ri n$ at -the Ndtthwest corher.of Secttot1:30, ft`orb Mich the North Y, corher'of said 5eotfon bears Norr'8�`4'2'09" East, 0.t33 feet; ' • : = _ , THENCE along the Northerly boundary;of said3ect%n, North 89'42'09' East; 70.01 feet; THEN CE South owiv4,! '*est, b5,.0o-feet to the point of intersecfion of the Southerly right-of-way. of Victory' Road, and the Easterly light -of -way of Mnrtdian Road aM being the POINT OF BEGINNING;. .THENCE.ai6hs; the'Southerly right-of-way of Vfctory Road thei fotlawing� courses and distances, 1. North 6 -1.1'72" East, 65.30: feet;" 2. 14orth 85'58'45" East, 80 71 feet; 3•. ' Atortfi 89' 24 51"East, 430.98 feet; 4.. North DO' 1.7451" West, 7.00 feet; 5: North 89'4Z'Q9""l=ast, Z,02o.96•feet; THENCE leaving said. right•tif-v?ay, South pp" 17"51' East; •100.'00 feet; . THENCE Soot¢ W 4210.9" .Wl st, 2;020,46 feet; THENCE Squti 00.1T5t" Ejt, 7.00 f0et;: THENCE South 89'Z4'51' West, 427 941det, THENCE Sthuth.85`SM" West, 14,66 feet; THENCE South; 00'0000" West, 25:15 feet; THENCE North ;90'00'00" West, 139.18 feet to the Easterly right-of=way of Meridian (toad; THENCE atong said right-af-way, North 00'2545" East, a distanee 9f 9,4.54.feei. to the p01NT OF BEGINNING_ TheAbove' described parcel contains 6.02 acres, more or less. `F:Wrojectsl RJS110•.10.020 Meridian Stack Cat TnMk Easement X16-t0-020-TempEase.dock . EXHIBIT B v *w o t� oI� 0 � h "v AJ I ,00'S9� ,45`Y6 _ .00.00 t � •3„ 15,L, LAOS '.aa NVIO183M 's X i o rn 1 t ur 2� Z i co o � n I� d N( W 1 �1 a rn OD z Z 100 Q0' W • K OI N m f z i Q c0:1ui J ui Nm .-a I *w o oI� 0 � h I ,00'S9� ,45`Y6 _ S!1 � '.aa NVIO183M 's X OO Z m tz ur 13'm h ( z z0 0O m. oI� ,00'S9� ,45`Y6 _ 3 �4;VZ,OON '.aa NVIO183M 's O: W tu W LU g U °C Rg kt z 0 0 z a 1-1 Q O N LU LL Z m co o ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 06123110 03:24 PM DEPUTY Lisa Batt RECORDED—REQUEST OF 110057968 Meridian Clay SANITARY SEWER MAIN EASEMENT THIS INDENTURE, made this day of �J one— , 201Q between DBSI TANANA VALLEY LLC ("Grantors"), and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer 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 connect 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 valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sanitary sewer main at the convenience of the Grantee over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a 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. IT IS EXPRESSLY UNDERSTOOD AND AGREE, 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. o o �ID a �CD .Q c me d - c4 a ca ae : =`L 0 �� �L 4 0 43 � p - �4mUJ 0 W CEMO ca It 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 PE - area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way easement hereby granted shall become part of, or he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement. THE GRANTORS hereby covenant that this easement shall run with the land in perpetuity and shall hereby be recorded in the land records of Ada County, Idaho. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: DBSI TANA)'VA V LM Conrad Myers, authorized epresentative of the Chapter 11 Trustee for DB I, Inc., Sole member of DBSI Ta na Valley LLC STATE OF b 4m- ) ss County ofith1') On this 04k day of , 20 10 , before me, the undersigned, a Notary Public in and for said St�gad rsonally appeared _� lA M known or identified to me to be the Q LYIgN►�'^NPL of the corporation that exec ed the within instrument, and acknowledged to me that such corporation executed the same 7 _ , , / n OF1111m; 'V! NATHANAEL P WEIKEL NOTARY PUBLIC FOR NOTARY PUBLIC -OREGON Commission Expires: COMMI331ON NO. A427897 MY COMMISSION E>atES APRIL B, 2012 GRANTEE: CITY OF MERIDIAN , III If rrrrii� OF MSR/O��y SEAL Attest by Jaycee L. Holman, City Clerk 9T is'� couN-fId Approved By City Council On: b a a STATE OF IDAHO ) ) ss County of Ada ) On thisi _day of y��� v��_ , 20 10 , before me, the undersigned, a Notary Public in and for said State, personally appeared v ►A rem � and JAYCEE L. HOLMAN, known to be th ayoof and City Clerk, respectivel , of the V of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. ;••1oIV R �� y, (SrA�) • G . ••.'� 1'E OF 19:'• NO ARY PUBLIC I& ID Residing at: 16"na . 1 n Commission Expires: a ,n u .-..:...i •� -' �'a..w'u�,.�.._".:.:..".t3dVi9''-+addC2"'L.i�.ix�!4:.....__��:'ixGi:wi.:.-�.v.a�.sla=�"s��-.�....___.....':...:::s'_�*.su+��T` '�'_". Project: 10-09-048 Date: August 31, 2009 EXHIBIT A PARCEL DESCRIPTION VICTORY ROAD SEWER EASEMENT That portion of the North Yi of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the Northwest comer of Section 30; thence along the section line North 89'42'09" East, 650.00 feet to the POINT OF BEGINNING; thence continuing North 89'42'09" East along said line, 1,800.83 feet to the North % of Section 30; thence continuing North 89"42109" East along said line, 220.13 feet; thence South 00'1751" East, 38.00 feet; thence South 89'42'09" West, 220.13 feet to the North-South center of section line; thence South 89'42'09" West, 2,290.65 feet to the existing Victory Road right-of-way; thence along said right-of-way the following three courses and distances: North 85'58'45" East, 58.97 feet, North 89'24'50" East, 430.98 feet; North 00"1751" West, 32.00 feet to the POINT OF BEGINNING. Containing 1.81 acres more or less subject to any existing rights for Victory Road and the Kennedy Lateral. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodee-Ak. D M. RMH/ P:1ProjectA10-09.04E - Victory Road Sewer Easenmt.doc EXHIBIT B Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 8D PROJECT NUMBER: ITEM TITLE: Reimbursement Agreement Regarding the Irrigation Pump Station for the Split Corridor Project Phase One Landscaping, Between MDC and City of Meridian MEETING NOTES afr#-Q-C, CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS REIMBURSEMENT AGREEMENT REGARDING THE IRRIGATION PUMP STATION FOR THE SPLIT CORRIDOR PROJECT PHASE ONE LANDSCAPING BETWEEN MERIDIAN DEVELOPMENT CORPORATION AND THE CITY OF MERIDIAN THIS REIMBURSEMENT AGREEMENT is made and entered into this / rr�' day of June, 2010, by and between the Meridian Development Corporation (MDC) and The City of Meridian, Idaho (City), to establish a mutual understanding of the conditions upon which the City of Meridian will receive reimbursement for work associated with the Split Corridor Phase One Irrigation Pump Station. WHEREAS, MDC and City are parties to an agreement dated June 26, 2008 (the "Three Party Agreement") with the Ada County Highway District to provide, among other things, certain landscape improvements associated with the Meridian Split Corridor Phase One Project ("Project"); and WHEREAS, Under the Three Party Agreement, MDC was to be solely responsible to provide the design and installation of an irrigation pump station to provide adequate water volume and water pressure to the Project landscaping; and WHEREAS, City is willing to provide construction management services for the construction and installation of the pump station, subject to reimbursement from MDC; and WHEREAS, MDC has approved the expenditure of up to $55,000.00 for reimbursement of costs associated with construction and installation of the pump station and associated equipment. NOW, THEREFORE, the parties hereby agree as follows: 1. MDC shall provide to City a complete set of plans for the design of the pump station. 2. City shall bid and manage the construction and installation of the pump station. 3. Upon presentation of an invoice and documentation of expenses, MDC shall reimburse City for actual pump station construction costs up to $55,000.00. 4. In the event that MDC fails to fulfill its obligations under this agreement, City reserves the right to utilize any available legal remedy receive reimbursement. Reimbursement Agreement -1 of 2 6. If a suit, action, or other proceeding arising out of or related to this AGREEMENT is instituted by any party, the prevailing party shall be entitled to recover its reasonable attorney fees, expert witness fees, and costs (i) incurred in any settlement negotiations, (ii) incurred in preparing for, prosecuting or defending any suit, action, or other proceeding, and (iii) incurred in preparing for, prosecuting or defending any appeal of any suit, action, or other proceeding. 6. This AGREEMENT shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 7. Time is of the essence with respect to the obligations to be performed under this AGREEMENT 8. The failure or neglect of a party to enforce any remedy available by reason of the failure of the other party to observe or perform a term or condition set forth in this AGREEMENT shall not constitute a waiver of such term or condition. A waiver by a party (i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. IN WITNESS WHEREOF, the parties do execute this Reimbursement Agreement the day and year first above written. MERIDI N DEVELOPM NT CORPORATION Y Larry Lipschultz, Chair an CITY OF MERIDIAN, IDAHO By: �C/ • .� of MER/��'`'''% Attest: Fo Jaycee L. Ho an, City Clerk SEAL ';, 9� �sr iso • �. �,�� COUNTS • ���•��• Reimbursement Agreement - 2 of 2 Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 8E1 PROJECT NUMBER: ITEM TITLE: Department Report - Budget Amendment for Forestry Stimulus Grant for a Not to Exceed Amount of $44,500.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS c�aoam 3 C A < 7 rL Cfl 0 A 0 `�° ' ID m d 0 0 ID D OA = C 3(��nZE (Da �Ao3 $tea a ' < o rL A < C C a Q (D lD :° 3= o (Dai (a A � 'G (D rL 7 n n w o o$(D M D1 M 7 CL '* m Q. 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' vm a o\\\ \tNt1U1 Nye/ //i <D sD = O C \\\ 0 fD —03 _ \\ 4,(D m n� " ID "%'%� .aa oa o /'1 �. ` �•� '�s 0CL =_ C 0 <D m• � N CD ® Z7 �, o CD cc 9 T o o v 3•a � c 0 0 `�• N n. <D <D ID N o W 'U m Zm r C 0 r O� > D frr7 Z Cl) z nmm D W m �"' Z A � N A 0 40b O Ob O -Pb O Q -Ob W N W N (fin p z n z m m 0- D o a m m n N— D 3 N n m n 3co o 0 - m m CD 0 CL w c e� d/ dl 69 d1 H 3 O O's i i i i i 0 O O= z 0 W 'U m Zm r C 0 r O� > D frr7 Z Cl) z nmm D W m �"' Z r- r � N 0 0 o D = 0 n o w n w _ Z T = O v rt r rn ID• CD ° m o z J � J N (D N N CD c CD D fOD N N 0 0 1 @ A O z z z z m 0 0 0 0 O E3 E3 0 Z v0 00 m3 m 3p zD vz m z v� tV3 a 0 Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 8E2 PROJECT NUMBER: ITFM TITLE - Parks and Rec Department Report - Budget Amendment for 8th Street Park Funds Transfer to Borup Dog Park for a Not to Exceed Amount of $52,800.00 MEETING NOTES low CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS =rcM O 7 CD 0A) 2 $/ / a 0) OL 2' 2 3 \ O 2/ m o k p E� ■ e� 0« c$ 0 0 \�§2 /k CD o/ M �o—� k » � _ c / / r- ¢ t 2 g K S. 3 I � m = — 7 0 K R m Z £ g a_§ 22 o f R§ $ 70EE n@ 7 qE X222 ©52a gk 2q 2)CD m 2 § m /7 Ba 7� m ] CL0$2 n 2% CD/E 2 / 2N O E#0 f k k / \ £ $ — m 3 f ] a■2J \ 7/ CL \ 2 02§= g CD 2—* § CL o 0\ ;4:� 2 J � w 222 ;4: XB M m \ ƒ CD k ■■�� J ] J D 0 C « E0fk ' % m7 ] / ■ _ 2 a CD k :3 00/ E (0 2 // \� k k k A / �§n= ° CD� / ,o M ■ a 2 — E�3 o� k (D f 2 X E m o°� $ � CL E \ 2 S_ ° R a cDC / (D cr cr K a x_00 # 2 �E OD/ 0 � $ gk MCD0 f x 2 � 2 m 2 CL cr8 2 �a C C/ CCL CL CD o \ r.m o $ C \\ 3$ \ CJ 2 f7 ¢ C \¥ k� $ « E 2 2 ƒCD k �E ƒ� 2 � n / f CD / 0� \ o 3 \ o \ \ -n B X q / 2 m � ®mak 3 CD [ 2 0 o 7 0. ƒ k m CD ] CD A� 'a \ E -0q wo � d -n k ■ CLCD g cr � k ® � \ < CD go e ;a CL 0 § k 0 03 D) Q i'o .* fm/l pl O (DD =r C m °' O m H �m A 3 m O - aa c �' a� e1a m n 5 IM < H O m 0 C 7 MCL t W A O = A O D1 DI Dl CL 47 c CL a 0 D r 0 D CO) 'v 0 z i 0 z K 3 m _n -n 5' 0 mCD S. <D fD 7 N a -00 < m co L CL 3 3 IDIDQ o 3 fD .�. 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O z u rznm*v5cO.1 v r3 0 m 0 5;��Dom mn? < . 1 m 0 W 00 � 3 m 0 t� m 3 D CO) ClO 0 (D m " x CD o m CL c m y/Efl EA En fA � 3 � O c C W a jo m O Z F -O X001 cnz z DMm Z r �q N 0 O � 1 7 , O m 0 cD 0 0 'J m m CCD N W W o N 0 0 E3 ° w >0 O m r �o D m D Wr m M D r m N z O 0 e� a CD CD C D W I� q 0 z rn o O z z c 3 0 °, rn e�D O W O 7 W Go n C C m� m0 Z D vZ 3 m z v0 CW1 V m T CD n c a W 7 N O W O C Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 8E3 PROJECT NUMBER: ITEM TITLE: Parks and Rec Department Report - Budget Amendment for Split Corridor Pump Station for a Not to Exceed Amount of $55,000.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 000vrn s c 0 < 3 m 01 0 m d A A � CL 3 _o Q. 7 H c' As Al (D a fD p 3 n a <. o a m zry,ao = O A fl to (p pr (D o CL03 3 0i3"c h 01 a 7 ID CL w 2 a A 0 1 =rA N 7 0 = _n lu (a _fS 0 0� o o = CL o = 3 40 0 (fl m 01 a c 0 a CL °1 aA c � CL a (D 7 .•r P O c _ a CCD CD C1 zs v 0 cr CD W CD _ O C O ,••r CD 2) 0 0 O C _ CD W CD = CD c CD o 0 cr CD C L CD �0 N 'a O o C (n ,CD CL (on 3 0 rt o N C1 CD o CD (D = 0 = �G 0 _ ) CCD C CD 4. _ n C CL CD 3 CD c _ a v C2 _ (D x CD a CD CL o v o CD CD 0 m o 3 WCD -0 CD CCDrt D arty y =F3 O CD n �' cr `<CD a N M0 = _ 3 CD m Q. 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Q w m co 3 > c c7 c� y N Q � to a n 7 'O m JD �v o CL 0a O CL 3 � N `N rte=_ o 3 A. �_0 D N CD 0 a r �� n _ ile Oy� m 3 - moo_ m '11 2)C:!, n'= ti rt r S Q Sp j N�'j 05 5pS�•1 _ D m Z• *� �..1 10 cD (D- �7� ="c, 7 y���, ` X00 0 Q�ct.0ct T 5.O 0 M -5 °i C m N N (D ' N Q rN CD D ❑ \ o 0 0 0 0 m -C ❑ ❑ ❑ ❑ Z ao n 00 m� D� my D M � Z m m z TI v0 M n� m 0 0 Od 0 -o G a U) 9 O Meridian City Council Meeting DATE: June 22, 2010 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Ordinance - Second and Third Reading - An Ordinance Repealing Title 4, Chapter 1, Meridian City Code, Related to: Title, Purpose and Intent; Definitions; Compulsory Use Required: Enforcement Authority; Franchise Agreement; Bond; Rules and Regulations; Solid Waste Advisory Commission Established; Fees; Collection of Solid Waste and Recyclable Materials; Special Collection Services and Specific Collection Standards; Prohibitions; Nuisance Declared; Penalty; Severability; and Providing an Effective Date MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA uuuNI T ncliunucn a. umm nnvnnely -- BOISE IDAHO 06123110 03:24 PM III I'IIIIIII('�I�III"II(III'I'II�'I� DEPUTY Lisa Ball RECORDED—REQUEST OF 110057966 Meridian City - CITY OF MERIDIAN ORDINANCE NO. /0 . /4S� BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING TITLE 4, CHAPTER 1, MERIDIAN CITY CODE, RELATED TO: TITLE; PURPOSE AND INTENT; DEFINITIONS; COMPULSORY USE REQUIRED; ENFORCEMENT AUTHORITY; FRANCHISE AGREEMENT; BOND; RULES AND REGULATIONS; SOLID WASTE ADVISORY COMMISSION ESTABLISHED; FEES; COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS; SPECIAL COLLECTION SERVICES AND SPECIFIC COLLECTION STANDARDS; PROHIBITIONS; NUISANCE DECLARED; PENALTY; SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that conversion from the City's current manual solid waste collection system to a fully -automated solid waste collection system will result in a cleaner, safer community and allow for more cost-effective services; and WHEREAS, the City Council finds that the fully -automated solid waste collection system will enhance the equitable distribution of the cost of solid waste collection and disposal services in the community, as households that dispose of smaller amounts of trash will pay the lowest fees; and WHEREAS, the City Council finds that collection of co -mingled recyclable materials will remain voluntary, with no penalties and no additional fees; and WHEREAS, the City Council finds that the voluntary co -mingled recycling program combined with the fully -automated solid waste collection system will encourage, promote, and improve the solid waste and recycling practices in our community, helping reduce the amount of waste that ends up in the landfill; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 4, Chapter 1, of the Meridian City Code is repealed and replaced to read as follows: 4-1-1: TITLE: This chapter shall be known as the CITY OF MERIDIAN SOLID WASTE ORDINANCE and may be so cited. 4-1-2: PURPOSE AND INTENT: The purpose and intent of this chapter is to: A. Establish a system for the storage, handling, collection and processing of solid waste with uniform requirements. SOLID WASTE ORDINANCE PAGE 1 OF 14 B. Promote the health, safety, and general welfare of the citizens of Meridian, and enhance and preserve the quality and value of the resources of the City of Meridian by the proper management of solid waste. C. Encourage and improve the opportunity for recycling. D. Equitably distribute the costs of the solid waste collection and disposal system. 4-1-3: DEFINITIONS: BULKY WASTE: Waste materials intended for landfill disposal, except for major appliances; with sizes, weights or volumes greater than those allowed for wheeled carts and containers, such as water tanks and furniture. Bulky waste does not include construction debris, dead animals, hazardous materials, or animal stable matter. CITY: The City of Meridian, Idaho. COMMERCIAL PREMISES: Business, industrial and institutional premises and activities, including, but not limited to, construction sites, governmental agencies, and schools. CONTAINER: A large -capacity receptacle designed for the collection of solid waste or recyclable materials that are created or accumulated at commercial or multi -family premises with four (4) or more units, including front -loading containers, rear -loading containers, and roll -off containers; also known colloquially as a dumpster. CUSTOMER: An occupant or owner of any premises, including residential, multi -family, commercial or other establishment in the City for which solid waste service is, or has been, provided. FRANCHISEE: Any person authorized or employed by the City of Meridian to collect, handle, convey, transport and dispose of solid waste and/or recyclable materials and who has executed a franchise agreement with the City of Meridian. FULLY- AUTOMATED SOLID WASTE COLLECTION SYSTEM: A system for the collection of solid waste and recyclable materials from residential and multi -family premises of four (4) or fewer units which: 1) allows a customer to prepare for collection only the amount of solid waste or recyclable materials that fits within franchise -owned and -supplied wheeled cart(s) provided to such customer; and 2) under which the franchisee collects solid waste and recyclable materials contained within the wheeled cart(s) by means of trucks equipped with an automated hydraulic lifting mechanism. HAZARDOUS MATERIALS OR WASTES: Any chemical, compound, mixture, substance or article which is designated as hazardous by the United States Environmental Protection Agency or appropriate State agency. INFECTIOUS WASTE: Human and animal biological waste, including blood, body fluids, feces, and/or objects and materials contaminated with same, including that generated by medical, surgical, dental, and veterinary offices, clinics, hospitals, and laboratories. SOLID WASTE ORDINANCE PAGE 2 OF 14 MULTI -FAMILY PREMISES: Residential premises with two (2) or more dwelling units including, but not limited to, multiplex dwellings, apartments, condominiums, mobile home and manufactured housing communities, clusters of single-family residences, and duplexes. Multi -family premises shall not include dwelling hotels, motels, hospitals, nursing homes, or other congregate housing, care, or institutional facilities. OCCUPANT: The person in possession, charge or in control of any unit in multi -family premises, residential premises, commercial premises or other premises where solid waste is created or accumulated. OVERLOAD: To exceed the wheeled cart or container weight capacity or volume allowance, to allow objects to protrude outside of a wheeled cart or container, or to stack solid waste or recyclable materials outside of a wheeled cart or container. OWNER: The person owning the real property where solid waste or recyclable materials are created or accumulated. PERSON: Any person, firm, partnership, association, institution, limited liability company, corporation, trust and/or any other legal entity whether for profit or nonprofit, public or private, and in the plural as well as singular. PROHIBITED WASTE: Prohibited waste shall include any waste that has any of the following general characteristics: extreme temperature; harmful vapors; the presence of corrosive, flammable, explosive, or toxic chemicals; any physical or other properties that render collection operations hazardous or create a risk to the environment or public health and safety. Prohibited waste shall include, but shall not be limited to: dead animal remains in an amount of twenty-five (25) pounds or more; liquid wastes, both bulk and contained; tires; hazardous waste; refrigerants and any equipment or machines containing refrigerants. PUTRESCIBLE WASTE: Waste that decays and becomes putrid or emits an offensive smell. RECYCLABLE MATERIALS: Waste designated by the franchisee as that which may be recycled, including, but not limited to, paper, cardboard, plastics, and metal. RESIDENTIAL PREMISES: A separate dwelling or residential unit in the City occupied by a person or group of persons which may be a single-family residence or multi -family premises. Each separate dwelling unit shall be considered a separate residence for solid waste service and billing purposes. SPECIAL COLLECTION SERVICES: Collection services provided upon customer request at a time or in a manner over and above collection services, for which services additional fees may apply. SOLID WASTE: All materials discarded for disposal, including, but not limited to: putrescible and nonputrescible solid and semi-solid waste, garbage, trash, rubbish, demolition and construction waste, industrial waste, vegetable solid and semi-solid waste, dead animal remains under twenty- five (25) pounds, reusable or recyclable materials, bulky waste, and other discarded matter. SOLID WASTE ORDINANCE PAGE 3 OF 14 VECTOR: An organism that can transmit disease. WHEELED CART: A wheeled receptacle designed for the automated collection of solid waste or recyclable materials, thirty-five (35) to ninety-five (95) gallons in volume. YARD WASTE: Plant material such as leaves, grass, branches, brush, flowers, tree wood waste, and debris commonly thrown away in the course of maintaining yards and gardens, and other particular biodegradable waste including Christmas trees. 4-14: COMPULSORY USE REQUIRED: All residential owners and/or occupants; all commercial owners and/or occupants; and all persons undertaking, providing, or allowing the provision of construction contractor or landscaper services; within the City of Meridian; shall pay for, and shall be provided, solid waste and recyclable materials collection services. Such services shall be provided in the manner and by the means as may be established or adopted by City council and/or by the franchisee pursuant to authority vested therein by ordinance, resolution, and/or written agreement. 4-1-5: ENFORCEMENT AUTHORITY: The Code Enforcement division of the Meridian Police Department, and such other persons as may be appointed by the mayor and City council by resolution, shall be responsible for the enforcement of the provisions of this chapter and other duties as the City Council may prescribe. 4-1-6: FRANCHISE AGREEMENT; BOND; RULES AND REGULATIONS; SOLID WASTE ADVISORY COMMISSION ESTABLISHED: A. The mayor and council shall have the sole authority to select and approve all persons who shall enter into a franchise or license agreement; to contract to perform any or all services described in this chapter; to establish reasonable fees, and to establish reasonable rules and regulations governing the conduct and operation of such franchisee, licensee or contractor. B. The council may require of any such franchisee, licensee, or contractor a bond in a reasonable amount, and the condition of which shall be the satisfactory performance of the contract. C. City Council shall establish a solid waste advisory commission, the duties of which shall include proposing and recommending to City council any new or amended rules, regulations, policies, and fees as such may relate to the implementation of this chapter. 4-1-7: FEES: A. Collection of fees: City Council shall adopt by resolution a fee schedule for the collection of solid waste, which fee schedule may include, without limitation, fees for the collection of solid waste and/or recyclable materials; fees for delivery, collection, and/or use of additional or different wheeled cart(s); bulky waste collection services; appliance or excessive -weight item collection services; late collection services; special collection services; and late payment. SOLID WASTE ORDINANCE PAGE 4 OF 14 B. Disposition of fees: The proceeds from the collection of fees and charges herein provided shall be placed in a special fund to be known as the "solid waste collection account," and all expenses of the City in the operation of the solid waste collection system shall be paid out of such fund. Any surplus remaining therein at the end of each fiscal year may be transferred by the council to the general fund. C. Method of collection: Fees shall be billed to and paid by the customer of the premises that is served by the sanitary service system. Fees shall be carried on the water bill, and the same shall be paid with the water bill. The water department is authorized to discontinue service to the premises if the utility bill is not paid in full. Said sanitary service system fees that become delinquent shall be treated the same as water delinquent fees and shall be subject to the same penalties, including the same shall become a lien on the premises and shall be collected with the taxes. Further, any customer leaving a delinquency at one location shall not be entitled to service at a new location until all delinquencies are paid. In case of nonpayment, or delinquency in payment, of accounts that do not have associated water system charges the solid waste service may be suspended until such time as all charges and fees, including late fees and penalties, are currently paid. 4-1-8: COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS: A. Collection at all premises: The following provisions shall apply to all customers and premises within the City of Meridian: 1. Containers and wheeled carts: All solid waste and recyclable materials must be deposited in franchisee -owned and -supplied containers or wheeled carts for collection except for special collection services or the use of customer -owned compactor containers on commercial or residential multi -family premises. 2. Liquids: All solid waste shall, before deposit in containers or wheeled carts, be free of any liquids. 3. Containers and wheeled carts to be kept clean: All customers shall maintain franchisee - owned and -supplied containers and wheeled carts in a clean condition, with the inside and outside thereof free and clean of soil, grease, odor, and/or decomposing material. 4. Services to premises on nonpublic rights of -way: Franchisee shall provide service only to premises adjacent to public rights of way, unless otherwise authorized by the customer on a private or nonpublic right of way. The franchisee may provide collection services to premises on a private or nonpublic right-of-way where the customer has provided written indemnification of the City and the franchisee for any road or other damage or injury to persons or property incurred while in the course and scope of franchisee's provision of solid waste and recyclable materials collection services. 5. Notice of non -collection: When the franchisee encounters prohibited or improperly prepared solid waste and/or recyclable materials, the franchisee shall collect any properly prepared materials and leave the improperly prepared materials, with a written notice affixed thereto. Such written notice shall include the date, time, and service address, with a brief description SOLID WASTE ORDINANCE PAGE 5 OF 14 b. Extra wheeled cart: Extra wheeled carts may be obtained from the franchisee for an additional fee as established by City fee schedule. The base fee charged for residential solid waste service shall be determined according to the largest solid waste wheeled cart size ordered. Any fee for a new wheeled cart shall apply upon delivery of the new wheeled cart. c. Exchange of wheeled cart: The customer may make arrangements with franchisee to exchange customer's wheeled cart for a wheeled cart of larger or smaller volume, where such size is available, and for an additional fee as established by City fee schedule. The base fee charged for residential solid waste service shall be determined according to the largest solid waste wheeled cart size ordered. Any fee for an exchanged wheeled cart shall apply upon delivery of the exchanged wheeled cart. d. Replacement of wheeled cart: Franchisee shall replace a wheeled cart when it is no longer functional or when determined by franchisee to be unsafe for further use. 3. Wheeled cart collection placement standards: a. Time of placement: Customers shall place wheeled carts containing solid waste or recyclable materials to be collected by the franchisee no later than seven o'clock (7:00) a.m. on the regularly scheduled collection day, but no sooner than twenty-four (24) hours prior thereto. Customers shall relocate their empty wheeled carts back to a location within five feet (5) of their home within twenty-four (24) hours of collection. b. Location of placement: Customers shall place wheeled carts containing solid waste or recyclable materials to be collected by the franchisee at the alley or street curb, with the handle facing the premises. The wheeled cart shall be at least three feet (3') from any obstruction which may impede automated collection, including but not limited to, other wheeled carts, mailboxes, fire hydrants, low hanging trees or shrubs, parked cars, portable basketball hoops, utility poles, or walls. In no case shall a wheeled cart be placed more than four feet (4) from the curb for collection. Wheeled carts shall be positioned clear of pedestrian and vehicular traffic and shall be clearly visible and accessible to the waste collection personnel at all times. Where a collection truck cannot reasonably access a customer's alley or street curb, franchisee shall designate an accessible location where such customer shall place wheeled carts for collection. Franchisee personnel shall not be required to pass through any doors or gates, cross flowerbeds or lawns, go through hedges, or place themselves in any situation which could jeopardize their health or safety in order to provide collection services. D. Collection at residential multi -family premises: Multiple -family dwellings of four (4) or fewer units may elect to use either residential premises fully -automated solid waste collection services, or solid waste collection services provided to commercial premises, in which case any and all applicable provisions of this chapter shall apply. Multiple -family dwellings of five (5) or more units shall use solid waste collection services as provided to commercial premises, in which case all applicable provisions of this chapter regarding commercial premises shall apply. SOLID WASTE ORDINANCE PAGE 8 OF 14 4-1-9: SPECIAL COLLECTION SERVICES AND SPECIFIC COLLECTION STANDARDS: A. Special collection services: 1. ADA (Americans With Disabilities Act) service: Upon request, franchisee shall convey wheeled carts from a residence to the curb for customers who have a disability and where no other person that can provide this service resides at the residence. Though this service shall be provided at no charge, the regular residential solid waste collection fee shall apply. Customer should contact franchisee with questions regarding carryout service for appliances and bulky wastes; additional fees may apply. In order to qualify for carryout service, the customer must submit to the City Utility Billing Services office an application in the form required by that office, with a written certification from a licensed physician verifying that the customer has a physical or mental disability and certifying that the safety or health of the customer requires such service. The customer must further certify that there is no other person in his or her household available to provide this service. Customers utilizing this service shall store wheeled cart(s) in unlocked areas clearly visible to franchisee personnel from the street or alley from which typical collections are made. The area to be entered by franchisee personnel shall not contain any animal or unsafe condition. 2. Appliances: Franchisee shall collect major appliances upon customer request and shall deliver the appliance to a recycling facility. Franchisee shall charge a fee for such special collection as established by City fee schedule. Customer must drain all moisture and water and remove all solid waste and food products from refrigerators, freezers or other appliances prior to collection by franchisee. Franchisee shall not enter any building or structure to remove the appliance. Customer shall convey appliances to the curb for collection. Upon collection, franchisee shall ensure that refrigerants and compressor oils contained in the appliance, if any, are recycled according to applicable regulations. 3. Bulky wastes: Franchisee shall collect bulky wastes upon request. Franchisee shall not enter any building or structure to remove bulky wastes. Customer shall convey bulky wastes to the curb for collection. Franchisee shall charge a fee for such special collection as established by City fee schedule. 4. Missed or late collection; non -collection: Customers who place wheeled carts at the alley or curb after franchisee has serviced their area and customers who receive a notice regarding non -collection may store the uncollected solid waste and/or recyclable materials until the next regularly scheduled collection day, or may contact the franchisee to request a special collection. Franchisee may charge a fee for such special collection as established by City fee schedule. 5. Waste exceeding weight or size standards: Franchisee may collect solid waste and/or recyclable materials in an amount that exceeds specified guidelines for weight, size and/or collection frequency, upon customer request. Solid waste and recyclable materials scheduled for such special collection shall be prepared for collection in such manner as franchisee or City council may require. Franchisee shall charge a fee for such special collection as established by City fee schedule. SOLID WASTE ORDINANCE PAGE 9 OF 14 B. Specific Collection Standards: 1. Animal feces: All animal feces shall be securely contained in a sturdy, leakproof bag before being placed in a container or wheeled cart for routine collection. Containers and wheeled carts containing unbagged feces will not be collected. 2. Dead animal remains: All dead animal remains in an amount under twenty- five (25) pounds shall be securely contained in a sturdy, leakproof bag before being placed in a container or wheeled cart for routine collection. Containers and wheeled carts containing unbagged dead animal remains will not be collected. 3. Infectious waste: Customers discarding of infectious waste shall sterilize, package, or otherwise process the infectious waste so that it may be collected without hazard to collection personnel and/or the general public. 4. Used motor oil: Used motor oil shall be placed in leakproof, non-opaque, unbreakable, plastic jug or bottle with a capacity of two (2) gallons or less, with a screw -on lid. Such jug or bottle shall be clearly labeled "OIL," and shall contain no other fluids. Used motor oil shall be placed near, but not in, a wheeled cart on the designated collection day. Collection of used motor oil shall be limited to two (2) gallons per Customer per week. 5. Yard waste: All yard waste, trees, branches, boughs, garlands, and other organic matter should be cut to four feet (4') or less and bundled prior to disposal within a container or wheeled cart. 4-1-10: PROHIBITIONS: A. Accumulation of solid waste: It shall be unlawful for any person to dump, or to permit or to suffer to accumulate in or about any yard, lot, place or premises, or upon any street, alley or sidewalk adjacent to such lot, yard, place or premises owned or occupied by such person, any solid waste so as to cause such yard, lot, premises, or the street, alley or sidewalk adjacent thereto, to be or remain in such condition as to cause or create a nuisance or offensive odor or atmosphere or harbor vectors, or thereby to be or to become, or cause or create, a public nuisance, within the limits of the City, except that: 1. Waste resulting from construction activities may be accumulated at an active construction site. The waste shall be managed and maintained in such a manner that it will not be blown, washed or carried to adjacent properties. All waste must be removed and disposed properly from the site prior to the end of the construction project. 2. Compost piles may be maintained for fertilization purposes and matter used for fertilization purposes only may be transported, kept and used, provided, that the same shall not be maintained so as to cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety. SOLID WASTE ORDINANCE PAGE 10 OF 14 B. Burning and dumping: It shall be unlawful for any person to burn, incinerate, bury, dump, or in any other manner dispose of solid waste or recyclable materials within City limits. C. Disposal of waste: It shall be unlawful for any person to throw, discard or deposit any solid waste or recyclable material in or upon any street, alley, sidewalk or vacant ground, or in or upon any canal, irrigation ditch, drainage ditch or other water source within City limits. D. Failure to utilize containers or wheeled carts: Except as may be allowed by the special collection provisions of this chapter.and/or administrative rules and procedures established or adopted by City Council, it shall be unlawful for any person to leave solid waste or recyclable materials at the curb for collection in any receptacle other than a franchisee -owned and - supplied container or wheeled cart. E. Prohibited wastes. Except as may be allowed by administrative rule or procedure established or adopted by City council, it shall be unlawful for any person to deposit or relinquish for collection or disposal any prohibited waste as defined herein. Customers who create or accumulate prohibited waste shall make appropriate arrangements to properly and safely collect and dispose of such waste. F. Overloading containers or wheeled carts: It shall be unlawful for any person to load a container or wheeled cart beyond its maximum volume or weight capacity, or in a manner which is unstable or likely to cause damage, cause littering, or impact the public health or safety. Customers shall be responsible for damages, costs, expenses, fines or penalties, including tickets issued to franchisee for overweight vehicles, arising out of customer failure to observe weight limits. The maximum permissible gross weight of a loaded container or wheeled cart shall be as follows: Wheeled Cart Front Load Container Rear Load Container Roll -Off Container 35 -gallon 125 pounds 65 -gallon 225 pounds 95 -gallon 330 pounds 2 cubic yards - 1,400 pounds - - 3 cubic yards - 2,000 pounds 2,400 pounds - 6 cubic yards - 4,000 pounds - 5,000 pounds 8 cubic yards - 5,000 pounds - 5,000 pounds 10 cubic yards - - - 5,000pounds_ 2040 cubic - ards - - 17,000 pounds G. Solid waste collection: It shall be unlawful for any person to engage in the business of collecting, transporting, hauling, or conveying any solid waste or recyclable materials over the streets or alleys of Meridian, or to cause or employ any person to do the same, unless and until such person has a franchise, license, or contract with the City of Meridian, except that: SOLID WASTE ORDINANCE PAGE 11 OF 14 I. The owner or occupant of a residence where solid waste is generated may collect, convey and dispose of such solid waste without a franchise, license, or contract with the City, so long as the receptacle used for such purpose is neither a franchisee -owned wheeled cart or container, nor identical in volume and design to a wheeled cart or container available from the franchisee. Notwithstanding the applicability of this exception, the full base fee shall apply. 2. A civic, community, benevolent, or charitable nonprofit organization may collect, convey, and/or market recyclable materials for recycling, for the purpose of raising funds for that organization without a franchise, license, or contract with the City, so long as the receptacle used for such purpose is neither a franchisee -owned wheeled cart or container, nor identical in volume and design to a wheeled cart or container available from the franchisee. Notwithstanding the applicability of this exception, the full base fee shall apply. 3. A construction contractor or landscaper who produces incidental volumes of solid waste in the course of construction, demolition, or landscaping may collect, convey, and dispose of such solid waste from the premises upon which it was generated without a franchise, license, or contract with the City, so long as the receptacle used for such purpose is neither a franchisee -owned wheeled cart or container, nor identical in volume and design to a wheeled cart or container available from the franchisee. Notwithstanding the applicability of this exception, the full base fee shall apply. H. Taking of solid waste or recyclables: All solid waste and recyclable materials placed for collection shall be owned by, and shall be the responsibility of, the customer until collection. Upon collection, all solid waste and recyclable materials shall become the property of the franchisee. It shall be unlawful for any person to take, examine, uncover, snoop in, separate, gather, collect or salvage materials deposited in wheeled carts or containers except with the express permission of the owner or occupant. Theft of collection services: It shall be unlawful for any person, except for the owner or occupant, to place or deposit any materials in a wheeled cart or container provided for the use of a specific residential or commercial premise. It shall be unlawful for any person to place solid waste or recyclable materials in a container provided for the use of a specific multi -family or commercial premise where such waste or material is not generated at such premises. 4-1-11: NUISANCE DECLARED: Failure of an owner or occupant of any commercial, residential, or multi -family premises to receive regularly scheduled adequate solid waste collection service is herein declared a public nuisance by the City. The City shall have the authority to order the abatement of such nuisance at the expense of the owner or occupant of the premises. This shall not limit the right of the City or the owner to seek recovery against other responsible persons. 4-1-12: PENALTY: The violation of any of the provisions of this chapter or the rules and regulations adopted hereunder shall be a misdemeanor. SOLID WASTE ORDINANCE PAGE 12 OF 14 4-1-13: SEVERABILITY: This chapter shall be construed to assure consistency with state and federal laws, rules and regulations, and other provisions of this code. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter, or any part thereof. Section 2. That this Ordinance shall be in full force and effect beginning on July 5, 2010. n.� PASSED by the City Council of the City of Meridian, Idaho, this day of 2010. r-111-1 APPROVED by the Mayor of the City of Meridian, Idaho, this ZZ day of 2010. ATTEST: Holman, City APPROVED: \\\\\11t�it, \\\\\\ y MER�oV, TFo BEAL 7 NC O ' CONN -0 11111111 11110 SOLID WASTE ORDINANCE PAGE 13 OF 14 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10- /no PROVIDING FOR REPEAL AND REPLACEMENT OF THE CITY OF MERIDIAN SOLID WASTE ORDINANCE. An Ordinance of the City of Meridian repealing and replacing Title 4, Chapter 1 of the Meridian City Code. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication. MF�j��y City of M66j Mayor and City Council - SEAL - By: Jaycee Holman, City Clerk = �- First tcading: �P! .� Adopted after first reading by suspension of the . cant to Idaho Code § 50-902: YES NO___A_ �''"Ji/„i;, Second Reading: 10 - , a - JD Third Reading: �, • a>-�y STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 10- /'iSU The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 10- /Y50 -'of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this 20 -day of June, 2010. �) ji I.. �. j = William. L.M. Nary City Attorney SOLID WASTE ORDINANCE PAGE 14 OF 14 The objective of this task is to provide the wastewater facilities plan team with relevant data and documents. Description Consultant already has much of the relevant data and pertinent documents as a result of previous work for the City. Consultant will compile a list of such documents and data and meet with the City to determine if additional data and reports need to be obtained from the City. Once this information is obtained it will be compiled and reviewed by key Consultant team members. Assumptions Consultant will develop list of reports and data, and share it with the City to determine if the City may have additional information important to the wastewater treatment plan; if so the City will provide electronic copies of such documents or data to Consultant if available, otherwise a hard copy will be provided. Consultant will produce additional hard or electronic copies of documents as its needs dictate for this project. Deliverables A list of available documents and data in Word table or Excel format. Subtask 2.2—Flows and Loads Objective Develop wastewater treatment influent design flows and loads for existing and future facilities. Description • Meet with the City and City's consultant conducting the sewer master plan project to discuss and agree upon a common methodology for estimating near- and long-term population and flow growth projections (i.e., 5 year and year 2030 build -out). • Establish the influent design basis to include influent nutrient loads, such as TKN, N114 -N, and TP, in addition to organics and solids loads. • Review treatment plant process monitoring data to establish historical influent wastewater characteristics and trends. • Merge data from different sources or periods and clean text entries, error messages, or notes from source data. • Calculate mass loadings and moving averages. • Determine the probability of occurrence of the influent loads by using Microsoft Excel or a specialized statistical software. • Determine relationships between maximum month, maximum week, maximum day, and annual average conditions using a statistical analysis method. The following percentiles apply to select the loading conditions: o Annual average = 50th percentile o Maximum month = 91.7th percentile (11/12' percentile) o Maximum week= 98.1s'percentile (358/365th percentile) o Maximum day = 99.7th percentile (364/365th percentile) PAGE 4 OF 29 • In some instances, the design flows and loads will be augmented using a moving average method. • If treatment plant process monitoring data are not available for key constituent loads (e.g., monitoring has not yet been established for a constituent), reference values will be used from comparable facilities, Consultant's internal best practice guidelines, or published references, as determined by the Consultant. • Compile historical treatment plant process monitoring data for use in calibrating mass balance model. • Project future average loads for BOD, TSS, TKN, NH3-N, TP, and Temperature. • Base flow projections on future population estimates from the Community Planning Association of Southwest Idaho (COMPASS) and expected future flows from non- domestic sources. • Consider recorded growth trends, service area build out, changes to service area zoning, planned annexations, and anticipated industrial growth. o Use the historical flow and load analysis to establish historical peaking factors for the existing service area. o Based on historical flows and loads, calculate the per capita average flow and load for the existing service area. o If no changes in land use are anticipated for the existing or future service area, then load projections will be proportional to flow increases. o If changes are anticipated in the land use for the future service area, estimate the per capita average flow and loads for the future service area. o Apply the per capita flows and loads to the population projection for the design year to establish average flows and loads at the design year. o Multiply the annual average flows and loads by the peaking factors to establish maximum month, maximum day, maximum week, and peak hour for the design year. Assumptions • Flow and load projections will be mostly based on a review of treatment plant data. • Three to five years worth of historical data will be used to complete the flow and load analysis. • Maximum month flow and loads will be used as the basis of design for process sizing of the majority of the wastewater treatment facilities. • Process -specific design flows and loads will be determined by calibrating the mass balance model based on historical treatment plant process monitoring data (See Task 5 - Alternatives Development). • City will provide historical flows and loads and anticipated flows and loads from non- domestic sources, such as septage receiving and significant industrial users. If data are not available, Consultant will assume typical values based on published references. Deliverables Flow and Load Technical Memorandum (electronic .pdf format). PAGE 5 OF 29 Subtask 2.3—Initial Review of CIP/Budget Objective The objective of this subtask is to provide the City with Consultant's input on the pending Capital Improvement Plan (CIP) and budget. Description Consultant will meet with the City to review and provide input into the City's fiscal year 2011 CIP and budget. This meeting will occur in May 2011 such that the City has this input well in advance of the annual budget submittal to City Council. Assumptions • City will provide Consultant with its initial draft of the CIP and budget. • Input from Consultant will be provided at 2 hour meeting with the City. Deliverables Consultant's verbal input at the meeting. Subtask 2.4—Evaluation of Existing Treatment Facilities Objective This subtask provides the evaluation of the City's existing treatment facility and associated programs. Description Work previously completed by the Consultant will be used in this task, updated accordingly to reflect any of the findings from the other Task 2 subtasks. Results from past reports will be documented in this task to provide one location for this information. Information developed in this task will provide the WWTP configuration and condition from which all follow-on treatment alternative configurations are based and developed. Assumptions Previous reports and studies will be used as the basis for information on the existing treatment facilities. Recent work and expansion at the WWTP will be documented as well. Deliverables A technical memorandum will be developed, providing a summary of the past evaluation of existing treatment facilities. Subtask 2.5—Development of Treatment Criteria Objective This subtask identifies criteria for the level of treatment to be included in alternatives. Description Level of treatment criteria will be identified for key parameters. Existing permit limitations for conventional parameters will provide the basis for some of these criteria. Others will be water quality driven and are still subject to ongoing or upcoming TMDLs (e.g., phosphorus), or by reclaimed water considerations (e.g., nitrogen). For parameters with uncertain PAGE 6 OF 29 limitations, it may be appropriate to consider several levels of potential treatment (e.g., total phosphorus of 0.5 mg/L with trading, 0.2 mg/L with or without trading, or 0.07 mg/L as presumed most restrictive limitation). Assumptions No more than 2 or 3 phosphorus criteria options will be established. Deliverables Treatment criteria technical memorandum (electronic .pdf format) Task 3—Alternatives Development Workshop Objective The objective of this workshop is to develop a manageable list of reasonable wastewater treatment alternatives that will be subject to further development and evaluation in subsequent tasks. Description Consultant will prepare workshop materials and facilitate the workshop, and provide a summary memorandum of the discussion and outcomes. It is anticipated that a wide array of alternatives will be considered, including mainstream treatment options, nutrient removal options at the WWTP (for both total phosphorus and total nitrogen), tertiary treatment, fermentation, effluent use/discharge options (discharge to Fivemile Creek and/or Boise River, reclaimed water use, aquifer recharge, wetlands treatment and/or trading), biosolids management options, one treatment plant versus two or multiple treatment locations, along with sidestream treatment and struvite recovery options. Rehabilitation and/or capacity oriented improvements could include: • Older equipment replacement • Existing hydraulic bottleneck improvements • Sludge settleability control (methods for eliminating M.parvicella and other nuisance organisms) • Redundancy improvements • Operability improvements Further, some options may be more pertinent for the short-term time frame (i.e., the next 5 years), while others may be more pertinent for the long-term horizon (out to buildout conditions at 2030 or beyond). This myriad array of options will likely be combined into logical high-level alternatives, or hybrid alternatives, and some options may be subject to a more confined or narrow decision evaluation. The workshop will serve to define those "packages" and individual decisions that will be further developed and evaluated in Tasks 5 and 6. This list will also be included in materials for the open house/focus group meeting in Task 4. Our process experts will be involved for this workshop, where WWTP alternatives and configurations to meet future treatment criteria will be developed. Out-of-state experts will be involved via videoconferencing. PAGE 7 OF 29 Assumptions • The alternatives development workshop will be a meeting up to 8 hours in length, and will be facilitated by Consultant. Consultants not based in the Treasure Valley will participate in the workshop by videoconference. Deliverables • Workshop materials (Powerpoint and handouts). • The discussion and outcome of the workshop will be included in a technical memorandum (electronic .pdf format). Task 4—Open House/Focus Group Meeting Objective Obtain stakeholder input on the vision and values to be considered in the wastewater facility planning effort. Description • Serve as a facilitator for a public outreach (i.e., Focus Group) meeting with stakeholders. • Invite stakeholders to participate in a Focus Group meeting to provide input on alternatives for the Wastewater Treatment Plant. • Prepare Powerpoint presentation and up to two posters to help stakeholders gain an understanding of the Wastewater Facility Plan project. Assumptions • A list of stakeholders to be invited and contact information will be provided by the City to Consultant. Deliverables • One Powerpoint presentation with up to 15 slides. • Up to two posters (sized up to 36"x48") mounted on foam core board. Task 5—Alternatives Development This task presents the evaluation and development of wastewater treatment alternatives and concepts for the City to future regulatory and growth requirements. The work completed in the previous tasks will be used within this alternative development task, providing the design criteria and basis for the treatment strategy. A number of subtasks are included within as listed below and described in the following sections. 5.1 Process simulation development 5.2 Sidestream treatment options PAGE 8 OF 29 5.3 Land ac uisition, WWTP site considerations 5.5 Capacity/redundancy considerations 5.6 Biosolids considerations 5.8 Odor control considerations 5.9 Cost estimating 5.11 Instrumentation and control evaluation Subtask 5.1—Process Simulation Development and Alternative Evaluation Objective Develop whole -plant simulations for proposed treatment alternatives and associated hydraulic profile implications at the WWTP. Description CH2M HILL's whole -plant process simulator, Pro2D, will be used to evaluate the proposed treatment alternatives carried forward from Task 3. Pro2D will help, in part, to determine the size of the respective unit processes and configurations for each treatment alternative. A mass balance will be developed for each alternative, with the associated treatment performance documented. Alternatives proposed from the Task 3 workshop will be evaluated under this task. Hydraulic evaluations will be completed as required to evaluate the treatment alternative. A hydraulic profile will not be created for each alternative, but rather major bottlenecks will be identified. The overall hydraulic capacity of the existing WWTP is limited and previous studies identified the ultimate hydraulic capacity feasible for the existing site. These evaluations will work within these previously defined limits. This subtask will be part of an iterative approach with the other subtasks listed in Task 5. The overall mass balance for the WWTP treatment alternatives will be developed under this task, but individual unit processes and treatment approaches will undergo further evaluations in the other tasks. Findings from these tasks will be incorporated into the process simulation and mass balance as appropriate to help with the overall treatment alternative evaluation. Assumptions A total of six base treatment alternative configurations and associated process simulations are proposed for this task. Deliverables • Process Flow Diagrams for each treatment alternative • Narrative description for each treatment alternative • Process simulation printouts and output files for use in Biowin • Technical memorandum summarizing evaluation (electronic .pdf format). Subtask 5.2--Sidestream Treatment Options Objective PAGE 9 OF 29 Develop alternatives for side stream treatment to reduce recycle loads. Description • Focus side stream treatment on reducing the load of phosphorus and nitrogen returned to the head of the wastewater treatment plant. • Consider the impacts from the following recycle streams: o Primary Sludge Thickening Return o Waste Activated Sludge Thickening Return o Primary Sludge and Waste Activated Sludge Co -Thickening Return o Primary Sludge Fermentation Return o Dewatering Centrate from Anaerobic Sludge o Dewatering Centrate from Aerobic Sludge o Anaerobic Digester Decant and Recuperative Thickening Return o Waste Activated Sludge Dewatering Return • Evaluate current sampling and monitoring program related to return flows and recommend adjustments in sampling and monitoring strategies. • Evaluate side stream management and recommend adjustments in side stream management strategies. • Assess side stream treatment system alternatives, including: o Side stream nitrification — RAS nitrification o Side stream nitrification — activated sludge o Side stream nitrification — MBBR o Sharon-Anammox Nitrogen Removal Technology o Chemical P removal o Ammonia stripping • Assess the treatment potential and economics for phosphorus recovery, including recovery through either calcium phosphate (hydroxyl apatite) or magnesium ammonium phosphate (struvite) compounds. • Considerations of performance factors for assessment will include: o Expected range of ammonia removal and phosphorus removal possible with the technology o Byproducts or waste from the technology. o Design footprint. o Impacts on plant capacity. o Proprietary nature of the technology. o Non -economic factors (e.g., reliability). o Regulatory considerations and/or issues. The performance factors will be summarized in a matrix and included in the side stream treatment technical memorandum. Assumptions • Impacts from recycle streams that are not being considered in the facility plan process alternatives will not be addressed. PAGE 10 OF 29 Deliverables • Side stream treatment evaluation technical memorandum (electronic .pdf format). Subtask 5.3 --Land AcquisitionMastewater Treatment Plant Site Considerations Objective Develop alternatives for land acquisition or wastewater treatment plant site considerations. Description • Once process modeling has been completed and the treatment process structures have been sized for the treatment alternatives, Consultant will develop preliminary site planning based on the 2-dimensional footprint required for the facilities. • Plan for treatment plant process piping corridors to convey flow to downstream treatment process structures. • Determine if the current treatment plant property is sufficient for near-term and long- term (20 -year) operational requirements based on the modeled treatment process alternatives. Assumptions • Detailed site renderings will not be required. • 2-dimentional future layouts of treatment process alternatives will overlay the site aerial photo. • City will provide AutoCAD drawings of previous planning and design projects and record drawings of previous projects, including the recent liquid stream and solids treatment upgrades, for use in site planning. • Right-of-way acquisition services is not included in this scope of work, but can be provided upon request through a separate task order or contract amendment. Deliverables • Land Acquisition and Wastewater Treatment Plant Site Considerations technical memorandum (electronic .pdf format). Objective The objective is to evaluate the feasibility of trading and/or wetlands treatment as a potential long-term strategy to help comply with stringent phosphorus limits in the NPDES permit. Description This subtask entails a high-level, feasibility -type, evaluation of the concepts of trading, with or without wetland treatment. This will include potential trading and wetlands treatment within the Fivemile Creek sub -watershed, as well as within the larger Lower Boise River watershed. This could occur within the existing Lower Boise trading framework, or via a separate trading or permitting process specific to the City of Meridian. The evaluation will be PAGE 11 OF 29 based on trading/wetlands treatment being a method to avoid having to treat to very low levels of phosphorus discharged to surface waters (Fivemile Creek or Boise River) from City treatment facilities. The analysis will use existing information available from the Lower Boise Watershed Council, such as information on loadings from the overall Fivemile/Tenmile/Fifteenmile system, and also those within the system based on the detailed USGS study of the sub -watershed in 2009. The Consultant will use its experience in other trading programs to evaluate the feasibility and rough costs of certain types of trades or offsets. Wetlands treatment is just one potential type of offset. Other nonpoint sources can be considered, including agricultural sources and removal of septic systems. The results of this evaluation will assist in determining if trading should remain on the table in relation to the long-term implementation plan that would be developed in Task 7.2. Assumptions This evaluation will not include assessment of specific sites or trading partners, but will focus on the broader -scale aspects of the feasibility of trading. Deliverables Consultant will prepare technical memorandum summarizing the results of the evaluation (electronic .pdf format). Subtask 5.5—Treatment Alternative Capacity and Redundancy Considerations Objective The goal of the risk-based evaluation is to quantify the level of uncertainty existing within the WWTP and determine the appropriate design parameters to use when calculating the overall WWTP capacity. This approach takes into account the uncertainties in the influent and major operating parameters, and allows the use of probability distributions to determine capacity. Description The capacity and redundancy requirements for each alternative will be considered throughout the treatment evaluation process. A cost-effective approach for each alternative will be developed, while maintaining the capacity and associated redundancy requirements. A risk- based evaluation will be completed for the alternatives, incorporating uncertainty principals and developing associated probabilities of various unit process failures. Assumptions An approach similar to that used as part of the statistical analysis for the re -rating of the facility will be used. Deliverables Technical memorandum (electronic .pdf format). Subtask 5.6—Reclaimed Water Considerations Objective To incorporate in the wastewater facility plan relevant considerations originated in the separate Reclaimed Water plan. PAGE 12 OF 29 Description • Describe the water quality and treatment considerations resulting from the reclaimed water master planning (being developed under a separate contract between Meridian and HDR). • Summarize the outcome of the City's reclaimed water master planning effort in the Wastewater Facility Plan. • Describe the anticipated schedule for upgrades to treatment processes based on the reclaimed water program.. Assumptions • Reclaimed Water Master Planning will be substantially complete prior to this subtask Deliverables • Reclaimed Water Considerations report text for the Wastewater Facility Plan (electronic .pdf format).. Objective Develop alternatives for energy/sustainability considerations. Description • Investigate opportunities to reduce energy usage and to increase energy production from available resources. • Identify and describe methods to improve sustainability at the plant. • Identify projects to reduce greenhouse gas emissions, reduce energy and chemical consumption, expand biogas utilization beyond digester heating by investigating cogeneration, and reduce odors and possibly make the plant a valuable educational tool for the public. • Description of the sustainability benefits resulting from improved on dissolved oxygen control for the aeration basins (with accompanying flow/speed control of the new high speed blowers), right sizing of new equipment, and modifications for potential denitrification, optimizing biogas production by improving primary clarifier performance, and the potential for adding fats oil and grease receiving facilities, and associated planning -level capital cost opinion for implementation of each of these technologies. • Investigate renewable power options including wind and photovoltaic. • Recommend energy and sustainability strategies to include in the implementation plan. Assumptions • Being mindful of wastewater facility plan budget constraints, this effort will be limited to a preliminary, conceptual review of opportunities and will not include a PAGE 13 OF 29 comprehensive effort to reduce energy demand to remove the treatment plant from the energy grid nor to identify a comprehensive list of opportunities for sustainability. Deliverables • Energy/Sustainability Considerations technical memorandum (electronic .pdf format). Subtask 5.8—Odor Control Considerations Objective Develop odor control criteria for WWTP, include conceptual odor control alternatives as required for each treatment alternative presented. Description This subtask will initially document acceptable numeric limits for odor at the plant property line by first determining the surrounding community's tolerance for odors and Meridian's tolerance for the number of complaints. This will minimize over -designed or underperforming solutions that meet the community's needs without making an excessive capital investment. With the criteria established for odor control from this evaluation, the associated odor control requirements for each treatment alternative will be developed. Previous work completed by CH2M HILL, presented in the Meridian Wastewater Treatment Plant Odor Control Preliminary Engineering Report (CH2M HILL, February 2010), along with other past studies will be used where applicable for this evaluation. The odor control system will be evaluated with an approach similar to the other unit process associated with treatment alternatives. Conceptual sizing and configuration of the proposed odor control systems will be developed. Assumptions An odor control management plan is not included within the scope of work. Air dispersion models are not planned for development as part of this task. Deliverables • Process Flow Diagrams for odor control alternative • Narrative description for each treatment alternative • Technical memorandum summarizing odor control criteria and associated evaluation for treatment alternatives Subtask 5.9—Cost Estimating Objective Objective is to develop the conceptual cost estimates that will be needed for each treatment alternative evaluated in Task 5. Description Total life -cycle costs will be used, incorporating total capital and annual costs. CH2M HILL's parametric cost estimating system (CPES) will be used in part to develop PAGE 14 OF 29 these conceptual life -cycle costs. Where appropriate, this cost -estimating system will be supplemented with vendor quotes or similar cost estimating information. The objective of the life -cycle cost evaluation is to provide a comparison between the alternatives. Given the conceptual level of the alternative evaluation, the cost opinion includes contingencies and markups for each alternative. During future design phases, contractor markups and contingencies can be refined and reduced as additional design details become available which are captured in the cost estimate detail. These estimates are intended to be used only for comparing initial conceptual alternatives for the purpose of screening them to a reasonable few for further evaluation. This estimating effort adopts the classification of estimates as defined by the Association for the Advancement of Cost Engineering (AACE). The industry classification system is Recommended Practice -17R-97: "Cost Estimate Classification System" and 18R-97: "Cost Estimating Classification System as Applied in Engineering, Procurement, and Construction for the Process Industries." Figure 1 shows the relationship of level of detail to the expected accuracy of the estimate. FIGURE 1 Construction Cost Estimate Accuracy Ranges AACE Cb"6 7$4M Coat Eodnw 9s c+100%L0'16-2% ClasaltlCatlon 9ystwm Cuss 4 196.1696 100% The capital costs for this report are defined as order -of -magnitude -level (Class 4) estimate as defined in the AACE International Recommended Practice No. 18R-97, Cost Estimate Classification System As Applied in Engineering, Procurement, and Construction for the Process Industries. An estimate of this type is normally expected to be within +50 percent or -30 percent of the actual construction cost. The final cost of the projects will depend on actual labor and materials costs, actual site conditions, productivity, competitive market PAGE 15 OF 29 conditions, bid dates, seasonal fluctuations, final project scope, final project schedule, and other variables. As a result, the final project costs will vary from the estimates presented in this report. Assumptions Life -cycle costs are to be developed for six treatment alternative configurations. Deliverables • Technical memorandum summarizing total capital, annual, and associated life -cycle costs for each alternative Cost -estimating system printouts providing details for each treatment alternative cost opinion. Objective Evaluate whether additional laboratory space is necessary for present and future staff and the laboratory methods that are pending future NPDES and process modifications. Description • Conduct a programming effort to determine the size and characteristics of the laboratory. • Evaluate options for the addition of a new or expanded Laboratory Building to accommodate the laboratory needs of the treatment facilities. • Conduct a preliminary survey of space needs for the wastewater division laboratory staff through interviews with key staff members and from current facilities planning. • Evaluate options for the addition of a new or expanded Administration Building to accommodate anticipated future administrative needs through year 2030. • Develop a preliminary programming and space planning summary using similar planning efforts completed at other similar facilities. • Include a brief summary of the programming data collected, a summary of recommended space needs, listing of required equipment and support facilities necessary for identified functions, and up to three preliminary layout options. • Identify costs associated with the options and an evaluation of the feasibility of the options. Assumptions • City staff will answer key questions to space needs, required staff functions, and specific equipment needs by staff. Deliverables • Administrative and Laboratory Evaluation technical memorandum (electronic .pdf format). PAGE 16 OF 29 Subtask 5.11 --Instrumentation and Controls Evaluation Objective The objective of this subtask is to develop recommendations for improvements to instrumentation and controls for the wastewater treatment plant, including that needed in anticipation of future low-level phosphorus treatment requirements. Description Consultant will facilitate an all -day workshop with City operations staff to review existing and evaluate potential future I&C improvements. The workshop will initially focus on developing overall guiding principals and then apply these principals in evaluating each unit process in the treatment plant for I&C needs. Consultant will prepare draft and final technical memorandums summarizing the workshop and its decisions and outcomes. Assumptions • The alternatives development workshop will be a meeting up to 8 hours in length, and will be facilitated by Consultant. Consultants not based in the Treasure Valley will participate in the workshop by videoconference. Deliverables Instrumentation and Controls Evaluation draft and final technical memorandums (electronic .pdf format). Task 6—Alternatives Evaluation Workshop Objective This goal of this task is for City's staff and management to evaluate alternatives using the evaluation/decision tool developed, in part, in Task 1. Description The alternatives defined and developed in earlier tasks will be further evaluated in this task using the non -monetary and monetary information applicable to each. Monetary criteria will include capital, O&M and NPV costs. The alternatives will be scored in relation to the non - monetary criteria by City staff and management at this workshop, facilitated by Consultant. The benefit score will be used to calculate the benefit to normalized NPV cost score (see Figure 2 for a hypothetical example). The information and inputs to the monetary and non - monetary evaluation will be developed in previous tasks. PAGE 17 OF 29 Total Benefit Scores for WWTF Effluent Discharge Alternatives 5.00 4.50 4.50 4.00 a m 4.00 U 3.50 3.50 a 3.00 Z w 3.00 a m 2.50 2.50 N 2.00 2.00 0 1.50 1.50 Z 0 3 1,00 1.00 m 0.50 0.50 m CD 0.00 0.00 Riker Discharge Reclaimed Water for Parks River via Wetland Polishing Irrigation Canal ® System Reliability Adaptability/ Phasing/ Flexibility O Operability D Social Impacts Environmental Impacts Benefit/Normalized NPV Figure 2 Assumptions • The Alternative Evaluation Workshops will be an 8 -hour meeting, and will be facilitated by Consultant. • Consultants not based in the Treasure Valley will participate in the workshop by videoconference. Deliverables • The discussion and outcome of the workshop will be included in draft and final technical memorandum that is prepared for the alternative evaluation. • Presentation materials for the focus group meeting on alternatives evaluation. Task 7— Prepare Draft Wastewater Facilities Plan Documents This task involves a number of subtasks are included within as listed below and described in the following sections. 7.1 Executive briefing document 7.2 Implementation plan 7.3 Main FP report 7.4 Biosolids evaluation PAGE 18 OF 29 Subtask 7.1- Draft Executive Briefing Document Task Description The executive briefing document is intended for non-technical readers, such as some members of the focus group, the general public, and the City Council. The Executive Briefing Document presents the near-term actions and long-term strategy for wastewater treatment for the City of Merdian. The Table of Contents of the Executive Briefing Document is listed below: a) Introduction b) Public Participation c) The Meridian System of Wastewater Treatment i) Service Areas, Conveyance, and Treatment (1) Service Areas and Conveyance (note: this subsection will be a summary of information from the separate sewer system master plan being developed by others). (2) Meridian WWTF (3) Biosolids Management d) What are the Future Wastewater Management Needs i) Population, Flows, and Loads Drivers ii) Regulatory Drivers iii) Infrastructure Drivers e) Recommended Actions i) Merdian WWTF ii) Biosolids Management iii) Wastewater Treatment for Future Service Area f) Implementation and Schedule for the Recommended Actions g) Cost Implications Assumptions • One draft Executive Briefing Document will be prepared for the City's review and comment. • City will review the draft Executive Briefing Document with the objective of producing one (1) round of applicable City comments for the Consultant to consider. PAGE 19 OF 29 Deliverables • Electronic Microsoft Word file and PDF of the draft Executive Briefing Document for City's review e-mailed or delivered to City's project manager. • Ten hard copies of the draft Executive Briefing Document delivered to City's project manager. Subtask 7.2--Prepare Implementation Plan Objectives The goal of this subtask is to prepare the plan to implement the recommendations for short- term and long-term actions as defined in the wastewater treatment facilities plan. Description It is probable that the final regulatory decisions regarding phosphorus control will not be made before the completion of this wastewater treatment facilities plan. As a result, it is anticipated that the ultimate solution for the City could change in relation to this outcome, and a decision-tree kind of implementation process and schedule will be necessary. The implementation process could include recommendations for follow up studies that might be needed, such as site-specific or partner-specific trading or wetlands treatment options if deemed feasible from the work in Subtask 5.4. Assumptions • One draft Executive Briefing Document will be prepared for the City's review and comment. • City will review the draft Executive Briefing Document with the objective of producing one (1) round of applicable City comments for the Consultant to consider. Deliverables • Electronic Microsoft Word file and PDF of the draft Executive Briefing Document for City's review e-mailed or delivered to City's project manager. • Ten hard copies of the draft Executive Briefing Document delivered to City's project manager. Subtask 7.3—Prepare Draft Main Report: Wastewater Treatment Facilities Plan Objective The main report will present the story of the comprehensive planning effort that resulted in the long-term strategy and near-term actions for wastewater management for the City of Meridian. Description The Consultant will prepare draft documents that describe the Wastewater Facilities Plan. Appendixes will include the EID (Subtask 7.4) and an accumulation of previously completed Technical Memoranda that provide the technical basis for the content provided in the draft Wastewater Facilities Plan Document. The Table of Contents of the documents to be prepared is listed below: PAGE 20 OF 29 The main report will be written for a target audience that includes interested technical officials responsible for planning, implementing, and approving wastewater facilities such as City of Meridian Public Works staff and Idaho Department of Environmental Quality staff. The outline consists of the following major headings: a) Introduction. The Consultant will prepare this section that describes: i) the purpose, scope and need for the facilities plan amendment ii) the report organization b) Existing Conditions. The Consultant will prepare this section that describes: i) planning area identification ii) description of existing treatment facilities c) Future Conditions. The Consultant will prepare this section that forecasts the following: i) population growth ii) flows and waste loads iii) wastewater facilities needs iv) conditions without the project v) reference land use plans d) Development and Initial Screening of Alternatives. The Consultant will prepare this section that describes the following: i) Description of problems and deficiencies with the existing facilities ii) Development of Alternatives iii) Treatment System Alternatives iv) Wastewater Management Options v) Alternative Selection and Decision-making Process vi) Presentation of Total Benefit Scoring for the Alternatives e) Final Screening of Principal Alternatives and Plan Adoption. The Consultant will prepare this section that describes the following: i) Comparison of Technical Features of the Wastewater Management Alternatives ii) Comparison of Costs for the Wastewater Management Alternatives iii) Evaluation of Non -Monetary Decision Criteria iv) Presentation of Total Benefit Scoring for the Alternatives PAGE 21 OF 29 f) Selected Approaches, Description, and Implementation. This section will describe the proposed Plan elements in more detail by providing the following: i) Justification and Description of the Selected Approaches ii) Cost Estimate for the Selected Approaches iii) Implementation and Schedule for the Selected Approaches g) Appendices. This scope of services for this section is noted below: i) Project Costs. This appendix will present the more detailed opinion of construction costs prepared by the Consultant. ii) Public Participation. This appendix will summarize the community sounding board process that has been completed for the project to date. iii) References and Documents Cited. The Consultant will prepare a list of the reports, and other documents that are cited in the Facilities Plan. Subtask 7.4--Biosolids Evaluation Objective The effort -is to present a strategy for long-term biosolids management that is consistent with the City's vision and values. Description • Compile existing documents from the City of Meridian regarding current biosolids management program (e.g., landfill hauling and disposal), including operation and maintenance costs. • Conduct one site visit by up to three Consultant team members to the Meridian wastewater treatment plant. • Review the City's list of significant industrial users. • Review Meridian's 2009 Biosolids Management Plan to identify and summarize regulatory requirements and alternatives. • Review potential sites where biosolids may be disposed/reused as identified in Meridian's 2009 Biosolids Management Plan. • Develop a matrix for rating solids treatment and disposal options, including landfilling, thermal conversion, land application, distribution and marketing, and innovative and emergency technologies, using criteria of costs, performance, environmental, and implementation. • Review Meridian's 2009 Biosolids Management Plan to identify processing options based on potential end uses, considering the consequences of changing processing at the wastewater treatment plant regarding nutrient removal, odor control, and future wasteload allocations for the Lower Boise River or reclaimed water use. • Provide a recommendation on a long-term (10 -year horizon) biosolids management strategy. PAGE 22 OF 29 Prepare a technical memorandum which summarizes the 2009 Biosolids Management Plan and presents the direction of the recommended biosolids management strategy for inclusion in the Wastewater Facility Plan. Assumptions • The current and future biosolids quantity and quality is defined in the 2009 Biosolids Management Plan. This information will be used to determine the size of processing and utilization facilities in Task 8 — Draft CIP and Rates Evaluation. • In order to meet project goals while limiting budget impact, the matrix evaluation will rely on readily available information, Consultant's experience on other projects, and City input on feasibility of these options. Deliverables Biosolids Evaluation Technical Memorandum (electronic .pdf format). Task 8—Draft Preliminary Financial Plan Objective Determine the financial feasibility and potential funding sources of the plan. Develop a preliminary financial plan that includes a capital improvements program (CIP) based on a phased approach for meeting treatment needs for the near-term (5 -years) and over the planning period (through 2030) in an effort to identify the potential financial/rate impacts of the wastewater facility plan and the feasibility/affordability of that initial plan. Description • Development of a simplified financial planning model to assess the overall O&M and capital infrastructure requirements of the plan. • List capital program requirements for an extended 20 -year planning period to 2030. • Incorporate into the financial plan the opinion of probable capital and operations and maintenance costs for the selected plant improvements from Subtask 5.9. • Prioritize the capital improvement program for next five years including budgets and schedules. • Identify on a preliminary basis the potential outside funding sources for the plan • Quantification of the potential rate impacts along with the other key financial planning criteria (e.g. debt service coverage, reserve levels, etc.). • Identify early action items such as site master planning interface with surrounding land uses, neighborhood/site enhancement activities, and effluent management options (i.e., reclaimed water use). • Identify conditions that would trigger the next expansion phase or updating the Wastewater Facility Plan. Assumptions • City will review the preliminary financial plan and provide a single, consolidated set of written comments. A detailed rate study (i.e., cost of service study or calculation of revised rates) is not included in this scope. PAGE 23 OF 29 Deliverables • Draft and final near term and planning period preliminary financial plan. Task 9—Focus Group and Public Open House/Formal Hearing Objective This task includes activities for regulatory agency coordination program with the Idaho Department of Environmental Quality, as well as a limited public involvement process to address alternatives in the wastewater facility plan to support the environmental process. Description • Prepare for and conduct one public meeting during the wastewater facility plan process. • Coordinate with City to provide notification of public meeting. • Prepare handout materials, displays, and comment forms for the meeting. • Develop a written summary of the results of the meeting. • Summarize public comments and prepare responses to comments. Assumptions • Meeting will be held at Meridian City Hall. • City will review and comment on materials for meeting. • City will identify the distribution list for the public meeting. • City will coordinate the distribution of meeting/event announcements. • City will review and approve public education and media involvement activities. • City will participate in meetings with Idaho DEQ and other agencies, as jointly determined by the City and Consultant. • City will provide separate legal or building permit services to support the permitting of the existing or new treatment plant sites. • Up to four members of consultant team will attend the public meeting. Deliverables Up to two displays boards. Meeting summary. Powerpoint slides (up to 15 slides). Task 10—Final Facilities Plan Documents Objective The objective is to finalize the draft documents from Task 7, as modified based on City and public comments, such that they can be submitted to and approved by Idaho DEQ. Description The Consultant will prepare final documents that describe the Wastewater Treatment Facilities Plan. The Consultant will prepare a table that aids IDEQ's review of the final Wastewater Treatment Facilities Plan Document. The table will reference the IDEQ checklist PAGE 24 OF 29 requirements for wastewater facility plans and where that information may be found within the final Wastewater Treatment Facilities Plan document. Assumptions • One draft Executive Briefing Document will be prepared for the City's review and comment. • City will review the draft Executive Briefing Document with the objective of producing one (1) round of applicable City comments for the Consultant to consider. Deliverables Electronic Microsoft Word file and PDF of the draft Executive Briefing Document for City's review e-mailed or delivered to City's project manager. Ten hard copies of the draft Executive Briefing Document delivered to City's project manager. Objective Refine the phased approach for meeting treatment needs over the planning period (through 2030). Develop a business plan to address funding and resource requirements. Description • Conduct a one -day business planning workshop with up to four Consultant team members to integrate the updated wastewater treatment plant improvement program with other activities in the Wastewater Division including collection system, biosolids composting, and other activities/functions (e.g., site management and reclaimed water use). • Considerations include ideas for reducing cost, increasing the value of services provided, and improving business management practices. Incorporate optimization and resource development ideas developed in other portions of the work effort. The workshop will be organized as follows: o Update statement of Wastewater Business Plan goals and objectives o Integration of Wastewater Division functions, capital and O&M programs o Brainstorm new approaches and ideas to Wastewater Division operations o Assign priorities to ideas generated o Separate ideas into short-term (5 -year) and long -tern (20 -year) measures o For highest rated ideas, assign responsibilities for developing an action plan for implementation • Develop an updated wastewater department business plan including o Update the preliminary financial plan (Task 8) to reflect revised assumptions. o Review of funding and finance options including grants, loans, judicial validation, revenue bonds and existing revenue. o Develop a final financial plan that identifies projected O&M and capital costs, potential funding sources for capital projects, estimated rate impacts and key financial planning criteria (e.g. debt service coverage, adequacy of reserves). PAGE 25 OF 29 o Review of affordability criteria in relation to the final financial plan. o Summary of ideas and action items to reduce cost and improve business management. Prepare an updated draft Implementation and Business Plan chapter for inclusion in the facilities plan. Submit to City for review; incorporate review comments and prepare final chapter. Assumptions • Judicial validation will be prepared separately by the City's bond counsel. • A detailed wastewater rate or impact fee analysis is not included in this scope of work. Deliverables • Draft and final Wastewater Division Business Plan (electronic .pdf format). Task 12—Project Management Objective The objective of this task is to successfully manage this project, perform all tasks to the City's satisfaction, within the established budget and schedule. Description The following activities are included for project management: • Budget Status Monitoring: Monitor the project work remaining to complete the overall Project, the budget expended, and the estimated cost of the work remaining, and the estimated cost at completion. Inform the City of budget status through the monthly invoices and the monthly progress meetings. Manage activities within overall total Project budget. • Schedule Status Monitoring: Monitor progress of work tasks and compare progress to overall Project Schedule. Estimate the time to complete remaining work tasks and update the Project Schedule. Inform the City of schedule status through the monthly progress meetings. Manage activities within overall Project Schedule. • Subcontractor Management: Engage the Subcontractor in the Project execution, review scopes of work and budget, issue purchase orders to the Subcontractor, review and approve Subcontractor invoices, and monitor the progress of the Subcontractor's deliverables. Staff Management - Hold regular meetings with key members of the CONSULTANT and Subcontractor team to review the status of the work and coordinate work activities. Coordinate between tasks and team members. Document meeting decisions and action items, assign activities to team members, and follow up to ensure timely resolution. PAGE 26 OF 29 • Change Management - Monitor Project activities for potential changes, anticipate changes whenever possible, and with City approval, modify Project tasks, task budgets, and approach to keep the overall Project within budget and on schedule. • Invoicing - Prepare and submit a monthly invoice and narrative report. • Develop Quality Control/Quality Assurance (QA/QC) Plan: Manage the quality review of all work activities and project deliverables by developing and distributing a QA/QC plan to the Project staff that outlines the QA/QC review process for the Project. • Execute Quality Control/Quality Assurance Plan: Manage the quality control review of all work activities and project deliverables. Identify senior technical consultants for the various technical disciplines and oversee the adherence to the plan during the execution of all Task Orders. Ensure all draft and final deliverables are reviewed according to the final QA/QC Plan prior to submittal to the City for review. Assumptions • Budget status monitoring is a monthly activity for the duration of the project, 5 months. • Schedule status monitoring is a monthly activity for the duration of the project, 5 months. • HDR is the Subcontractor on the Project. • Project coordination meetings for key internal staff and Subcontractor's key staff are conducted weekly for 5 months • Assume 5 monthly invoices and narrative reports are prepared • Execution of the Quality Control/Quality Assurance Plan will be completed under the appropriate tasks. Deliverables • Budget status monitoring results incorporated into the monthly invoice narrative and the monthly progress meeting with Management. • Schedule status monitoring results incorporated into the monthly invoice narrative and the monthly progress report. • Change management issues identified in Monthly Progress Report • Monthly invoices and narratives. • Draft Quality Control/Quality Assurance Plan • Final Quality Control/Quality Assurance Plan PAGE 27 OF 29 Compensation Level of Effort The task level of effort estimates are summarized in the following table. CH2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the City. Level of Effort Total Total Optional Task FY 2010 FY 2011 Task 1 - Kickoff and Vision Alignment Workshop $4,204 Task 2 - Initial Technical Analyses $44,833 Task 3 - Alternatives Definition Workshop $12,036 Task 4 - Open House or Focus Group Meeting $6,094 Task 5 - Alternatives Development $121,502 $73,650 Task 6 - Alternatives Evaluation Workshop $12,556 Task 7 - Draft Facilities Plan Documents $95,561 Task 8 — Draft Preliminary Financial Plan $17,374 Task 9 - Public Open House and Formal Hearing $6,652 Task 10 - Final Facilities Plan Documents $37,152 Task 11 - Final Preliminary Financial Plan (Optional Task) $0 $19,163 Task 12 - Project Management $41,955 $20,447 Total $399,920 $113,290 This Task.Order 10022 authorizes q ,the FY 2010 budgetof $399;920 Optional subtasks or tasks that may be later authorized by.the.City would be done via an.amendment to this Task Order. Schedule The services outlined in the Scope of Work will be performed from May 2010 through September 2010. PAGE 28 OF 29 CITY OF MERIDIAN CH L s � BY: '' (15 0 erafrons L ec TAMMY de D, MAYOR . Ronal J. Fehri ger Dated: VW! 0 Dated: May 2�1 -W / o Attes C�pKg RATE ; JAYCE . HOLMAN, CITY C tER Approved as to Co tent , 9Q GST �S� ' Q`�' Bepart nt Ap rov BY: ��� Minn tt�t�r��� BY: KEITH, P ASING AGENT Dated: & C0 —/0 TITLE: n�v�-��Ja u_F: *lo-- MA&&W6.1(11 Dated: iU PAGE 29 OF 29 [ _ _ "fay.. .�i i f BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR AN EIGHTEEN ) MONTH TIME EXTENSION TO ) OBTAIN THE CITY ENGINEER'S ) SIGNATURE ON A FINAL PLAT ) FOR BRIDGETOWER CROSSING ) SUBDIVISION NO. 14, LOCATED ) IN THE SOUTHEAST '/ OF ) SECTION 35, TAN., RAW, ) MERIDIAN, IDAHO ) BY: PRIMELAND INVESTMENT ) GROUP, LLC APPLICANT C/C June 1, 2010 CASE NO. TE -10-015 ORDER GRANTING AN EIGHTEEN MONTH TIME EXTENSION FOR BRIDGETOWER CROSSING SUBDIVSION NO.14 This matter coming on regularly before the City Council on June 1, 2010, upon the Applicant's submittal of a final plat time extension application for an eighteen month time extension within which to obtain the City Engineer's signature on Bridgetower Crossing Subdivision No. 14 final plat, which was originally approved on February 28, 2006, as provided in § 11 -6B -7C, and good cause shown. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted an additional eighteen month extended period of time, until December 6, 2011, of this Order within which to obtain the City Engineer's signature on three development stages of the final plat, subject to the conditions of approval as shown in the attached Staff Report for the hearing date of June 1, 2010 incorporated by reference. ORDER GRANTING AN EIGHTEEN (18) MONTH TIME EXTENSION FOR BRIDGETOWER CROSSING SUBDIVISION NO. 14 (TE -10-015) Page 1 of 2 Attached: Staff Report for the hearing date of June 1, 2010 By the action of the City Council at its regular meeting on the day of 92010. DATED this day of CU,,n-,- , 2010. • r' Mayor y de Weerd Attest: \ .��� or MEI�j ,y' o �EAL M Jayce olman, City Clerk 9� GST ts� • P ��. Copy served upon Applicant, PI ent, Public Works, and the City Attorney. BY: Dated: to/ q / foto ORDER GRANTING AN EIGHTEEN (18) MONTH TIME EXTENSION FOR BRIDGETOWER CROSSING SUBDMSION NO. 14 (TE -10-015) Page 2 of 2 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: June 1, 2010 Mayor and City Council Bill Parsons, Associate City Planner (208) 884-5533 WIE IDIAN -- IDAHQ TE -10-015 — Bridgetower Crossing Subdivision No. 14 1. APPLICATION SUMMARY The Applicant, Primeland Investment Group, LLC, has requested approval of an 18 month time extension to obtain the City Engineer's signature on a final plat for Bridgetower Crossing Subdivision No. 14. On May 26, 2010 Council approved a final plat modification to allow the applicant to record the plat in three development stages (MFP-10-003). The Applicant has been unable to meet the time requirements specified in Unified Development Code (UDC) 11-6B-7. The applicant attributes the delay to the downturn in the real estate market (see Applicant's letter dated April 28, 2010). 2. STAFF RECOMMENDATION Staff recommends approval of an 18 month time extension to obtain the City Engineer's signature on three development stages for Bridgetower Crossing Subdivision No. 14 to expire on December 6, 2011. 3. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TE -10- 015, as presented in the staff report for the hearing date on June 1, 2010. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TE -10-015, as presented during the hearing on June 1, 2010, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number TE -10- 015 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located east of N. Townbridge Way, north of Ustick Road and approximately a '/a mile west of N. Linder Road, in the southeast '/a of Section 35, Township 4 North, Range 1 West. B. Owner/Applicant: Primeland Investment Group, LLC 3120 W. Belltower Drive, Ste. 200 Meridian, ID 83646 Bridgetower Crossing No. 14 TE - 1 - C. Representative: Chuck Christensen, Quadrant Consulting 1904 W. Overland Road Boise, ID 83709 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. 5. PROCESS FACTS A. The subject application is a request for a final plat time extension. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: May 3, and 17, 2010 C. Radius notices mailed to properties within 300 feet on: April 30, 2010 D. Applicant posted notice on site by: May 17, 2010 6. LAND USE A. Existing Land Use(s): This property is currently vacant residentially zoned land. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single Family Residential, zoned R-4 2. East: Single Family residential, zoned R-8 3. South: Single Family Residential, zoned R-4 4. West: Single Family Residential, zoned R-4 C. History of Previous Actions: • In 2001, the subject property received Annexation (AZ -01-003) and Conditional Use Permit (CUP -01-006) (Planned Development) approval known as Bridgetower Crossing. A development agreement (recorded as instr. # 100 1 1 1 7652) was required with the annexation approval. • The preliminary plat (PP -05-044) for Bridgetower Crossing Subdivision No. 14 was approved by the Meridian City Council on November 9, 2005. The preliminary plat consists of 60 residential lots and 4 common lots. • The final plat (FP -06-004) for Bridgetower Crossing Subdivision No. 14 was approved by the Meridian City Council on February 28, 2006. The final plat consists of 60 residential lots and 4 common lots. • The Director granted an 18 -month time extension (TE -08-021) for the subject plat on October 9, 2008. The subject plat is set to expire on June 6, 2010. 7. AGENCY COMMENTS MEETING No comments were received by the Planning Department from other City Departments for the subject application. Please see the public record for the TE file for any written comments that may have been submitted by other agencies. 8. STAFF ANALYSIS As mentioned earlier, the applicant has not obtained City Engineers signature on the final plat due the slow down in the real estate market. The subject phase is one of many that is either planned or is already constructed in the Bridgetower Crossing development. Currently, this is the last remaining residential phase that has not recorded. Bridgetower Crossing No. 14 TE - 2 - The City of Meridian's Unified Development Code (UDC 11-6B-7) allows City Council to authorize a time extension to obtain the City Engineer's signature on the final plat, not to exceed 18 -months, when the applicant files a written request for an extension prior to the expiration of the plat. The Applicant has met the necessary deadline by filing a written request for an 18 -month time extension before the preliminary plat expires. The City may require compliance with the current provisions of the UDC as a condition for granting a time extension (UDC 11 -6B -7C). On July 15, 2008, the City Council provided staff with guidelines to use when evaluating time extension requests. The guidelines provided from the City Council direct staff to require applicants to modify current development agreements if elevations were not tied to the development. As part of the approval process, the site was subject to a DA but no elevations were tied to the development; only a concept plan. Based on the direction given to Staff, there are no additional conditions for this project Staff is recommending be added to the previously approved set of conditions based on the following: 1) Staff has reviewed the pertinent files regarding the Bridgetower Crossing Project and finds the site complies with the current UDC standards regarding R-4 dimensional standards, open space and site amenities. 2) In 2001, the applicant did submit office and townhome elevations with the PD application. Council required the office and townhome elevations to be reviewed with future certificate of zoning compliance applications and the commercial property and future triplexes were required to obtain detailed CUP approval. Further, the applicant has rezoned several of the commercial properties and developed new concept plans. With those rezone applications, elevations and the new concept plans were tied to the commercial and office portions of the Bridgetower development and no longer require detailed CUP approval. To staff's knowledge townhomes or triplexes were never constructed. Regarding single family homes, none were ever reviewed with any previous applications or with the subject phase. With the approval of the previous administrative time extension, Staff determined that additional conditions were not required. It is important to note, a vast majority of the open space/amenities (pedestrian paths, water features, recreation center, elementary school, street buffers and neighborhood park) and multiple phases are completed. Because this will more than likely be the last remaining residential acreage to develop under the approved PD and all other requirements have been met per the approved PD, staff is not recommending the recorded development agreement be amended to tie elevations to the subject plat. 9. EXHIBITS A. Drawings I. Vicinity Map 2. Approved Final Plat 3. Approved Landscape Plan 4. Conditions of Approval Bridgetower Crossing No. 14 TE - 3 - A. Drawings 1. Vicinity Map .0. Exhibit A _ 1 _ 10. 2. Approved Final Plat WtPIAT Op IP Locn� a WCTM 3.% t4.. I.IK. ELM., waaw�n�'WA 1- M NO. 24 OLMTY, IDAHO 2006 1 Exhibit A _ 2 _ 14fat.I — - — Rrrw alrr -- — now _ r« -- - wlrl« twwrr � aV.la•_w rr«s • +. rrr AAPL04L s art.rw�•..aiaN�R � � s[IRr w i �ertr= rrlw wR+fl�w wRR.YRt Yiwlti.Rr• � r.lfft�'Y'���R•fR.rs rf[r• a ���iftr•I.wWRtWrRit� ! � Mf afrf�iY�ttYf��f •WIN ��� Y r It«frfr`f.awa Mr I` f�• lar t. ��iR=i ♦ f i.3 W S Y Y Y •I� 1.! r � ffr Y 0 Y mr, all Y IMf y .fr tfa r f« rfi.i.[ r >• NIIf r Y w !flit r � N � .r i If. •YVt tY r.► Y Y i taw[ • i !! Y r I.r Y i Y ivMtft w r rfNWI w wa IlllflR r Y 1W .!l► ! . r ar ty ra w tilt![ � Y fY •. Y r.'.aRt r tl[l .11 Y W Y �YRrlf.rl . rr ffl. Y Y Y f r Y r N fYla /fR� r fY .ftl Y W Y a..rt .lr Y Y Y f.Mt r Y afar rf M tr .rRI Y tt Y tat Y •.11`r . i aw . tY Y Y Y i.lMri Y40 Y i aY .0W■ M •f Y fraw Y arI affil aM+I y � i Y r W f�Rrt r . Y M r ME M Y rl Y Y r Y .Y`/r .1ME- Y •N Y .1 S= fll Y of Y ..Mrf . y M to . W tar■ W" • Y .flr Y Y Y .rl'r. r r .fA Y Y w .iti'. r .flf Y Y Y ..✓I. • r atr. Y Y Y .S., r r. if Y w Y {..r. • • r r = W Y Y I•q. r aM r Y Yl .fry • r a[.f Y rl Nf.' Y Y Y ftra`. r r aNYr Y Y Y •ftir. r w Yir. r .r !i' Y Y Y .frV. r far/ Y i aii .Yr. .f.r. . r al.f r Yr f.f.'[ r t.a alit If. r 80. r fsfMt • w ..r Y Y i • alt Y Y r iYrRi • r. Alf « r W IMC :IVI M Y tR r [M{ r Y tlMf` Y Y Y ►mi- r r Y Y Y r lf.r r i Y tf.rl fIr• • N Y Y W {frit MW awry WM Y M • .la =al L .fwf r 1!: I�f O.r Y r Y 1fY.r. • My, ~ Y W r f i Y Y Y Y flrrl Y ffllft • r f.r r.0Y . r • Y Nff' yYj b • r •w i Ir aYi . Y rat i M Y Yl>i Y fMi lrn.. . Y frr Y 1r ME 1, Y Y I r./1 Exhibit A _ 2 _ 14fat.I — - — Rrrw alrr -- — now _ r« -- - wlrl« twwrr � aV.la•_w rr«s • +. rrr AAPL04L s art.rw�•..aiaN�R � � s[IRr w i �ertr= rrlw wR+fl�w wRR.YRt Yiwlti.Rr• � r.lfft�'Y'���R•fR.rs rf[r• a ���iftr•I.wWRtWrRit� ! � Mf afrf�iY�ttYf��f •WIN ��� Y r It«frfr`f.awa Mr I` f�• lar t. ��iR=i ♦ f i.3 W 3. Approved Landscape Plan Exhibit A -3- Q-0mw a- �akr- 4 tiNt. P"T SOMIiK perry ~POWONWNA wftuq" flpr OB %mC"mrM 4. Conditions of Approval SITE SPECIFIC CONDITIONS 1. The applicant is to meet all terms of the approved annexation (AZ -01-003), development agreement (Inst. #101117652), conditional use permit (CUP -01-006), preliminary plat (PP -05-044), final plat (FP - 06 -004) and final plat modification (MFP-10-003). 2. The applicant shall have 18 months, until December 6, 2011, to obtain the city engineer's signature on all three stages of the final plat approved with MFP-10-003, satisfy any applicable requirements set forth in the conditions of approval, and begin the process of acquiring building permits and commencing construction of permanent footings or structures. Exhibit A -4- city- COU#MV ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 06/10110 09:59 AM DEPUTY Vicki Allen RECORDED -REQUEST OF III IIIIIIIIII'IIIIIIII�IIIIIIIIIII I City of Meridian 110053549 CITY OF MERIDIAN RESOLUTION NO. I o J 7 0�o BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE TEXT OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN TO INCORPORATING THE CHANGES ASSOCIATED WITH THE CONCURRENT MAP AMENDMENT; ADDING 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 3R' STREET ALIGNMENT., AS RECOMMENDED BY THE CITY OF MERIDIAN PLANNING DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to I.C. § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and, WHEREAS, the intent of this Amendment to the Comprehensive Plan is integrate text changes associated with the concurrent map amendment and adding text to clarify and define fire station and school sites; to 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 as recommended by the Meridian Planning Department. WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan as recommended by the Meridian Planning Department as follows: COMPREHENSIVE PLAN AMENDMENT — TEXT — CPA 09-009 Page I of 5 [Chapter VII, Pages 106 - 107] Publie, Quasi Publie, and Open SpaftCivic. Areas are designated to preserve and protect existing and plannedprivete, municipal, state, and federal lands for area residents and visitors. This category includes ehufehes and public lands., law enforcement facilities post offices fire stations cemeteries public utility sites (excluding ACHD), (exe up blic parks-ateup blic schools and other government owned sites) within the Area of Impact. [Chapter VII, Page 1061 Parks. Areas are designated to preserve and protect existing municipal, county, state, and federal land for area residents and visitors and to designate future park locations. These areas include existing andfuture public neighborhood, community, and urban parks. The park locations designated on the Future Land Use Map are the most current and should be used for planning purposes. These areas are further described in Chapter VI. [Chapter VII, Page 106] Schools. Areas are designated to provide areas throughout the Area of Impact which provide educational opportunities, community gathering places, and green space. These areas are further described in Chapter VI. The futffe land use land use map r-efleets eeneentrated urban develepment in a eefAfal area between 18 Fainhew A-venue and hinder- Read and the eastern hnpaet Area betmdafy. This w-ba-a > > high- density r-es.1 fi 1 T the east f hinder- - D .,.,.1 the area is primarily ., of ffie.l;,,.Y, .1 1 density .14' 1> ineluding o ;de ft ,1 - o .,1 «.1 industfial uses. Along Publiethe euter edge ef the Impaet Area, lew density fesidential is the pr-edemiftali4 land use. and Table V11 4 >quasi publie,epen spaeeArea. defninant euuu l. [Chapter VII, Page 1061 Fire Stations Areas designated to preserve and protect existing and planned fire station locations throughout the Area of City Impact which provide efficient emergency response. [Chapter VII, Page 107] All "future" symbols shown on the Future Land Use Map, such as parks, schools, fire stations, wella, transit stations, pig; etc., represent generalized locations based on the best information the City has to date. Hewever-, .,11 All such symbols are to be considered conceptual and are allowed to "float" on the map. All "existing" symbols shown on the Future Land Use Map for parks schools, fire stations, etc represent precise locations based on the facilities in place at the time of printing. [insert paragraph break] In residential areas, other residential densities will be considered without requiring a Comprehensive Plan Amendment. However, the density can only be changed one "step" (i.e., from low to medium, not low to high, etc.). This provision does not apply to 1) the area bounded by Can-Ada Chinden, McDermott, and Ustick Roads or 2) within the Ten Mile Interchange Specific Area Plan. [Chapter VI, Page 58] The Cit f Mena; is in tpr-eeessf eemplefing t'•=e Comprehensive Pafks and Ree-feafien System N.M. (C-PRES-P). hifettfnatien freffi this plan -o% as used in this seetien. T1. 1 0 o .I ad to be finalizedin the o e f 2 The City adopted a Comprehensive Parks and Recreation System Plan (Action Plan) in August 2003. The plan provides COMPREHENSIVE PLAN AMENDMENT - TEXT - CPA 09-009 Page 2 of 5 yews a set of policies and standards to guide the development and administration of parks and recreation services including development standards site selection criteria, management policies etc for parks and recreation facilities. In 2007 the City adopted the Meridian Pathways Master Plan which outlines a future network of pathways throijhout the Area of Cid Impact The Pathways Master Plan therefore replaces the "Pathways and Trails" section of the Action Plan (Chapter 3.2). Similarly, in 2009 the Parks and Planningddepartments reviewed future park locations from the Action Plan and other sources The output of that review is reflected on the Future Land Use Map, which supersedes the Action Plan in terms of future park locations. The remainder of the policies and recommendations in the 2003 Action Plan still apply throughout the Area of City Impact T + + +1 rl 1 +t 11 An evaluation inventory of existing publie and private a. Facilities ttion 1 1 The +• ..1 e11 ,1 .+ fields, regional parks + .7Y"�""J Y Y . playgfetinds,pienie> peel,alse maintains two pathways, Fether-gil pathway and Five Mile Greek paffiway. Mer -e leeated in Storey Park, is operated by the Westem Ada Reer-eatien Dist6 The City of Meridian owns and maintains thirteen public parks with a combined total of over 180 acres of developed parkland The City also operates several special use areas devoted to recreation and community gathering. Those include City Hall Plaza, City Hall Park and Generations Plaza Looking to the future there is almost 180 acres undeveloped parkland either in design or owned by the City. Fuller Park, a developed, 22 acre facility owned and operated by Western Ada Recreation District, is also located COMPREHENSIVE PLAN AMENDMENT — TEXT — CPA 09-009 Page 3 of 5 within City limits In addition during the summer months Western Ada Recreation District operates a public pool in Storey Park. Table X. Meridian City Park Land Developed Undeveloped 8th Street Park 4 Borup Property 29.6 Bear Creek Park 18.8 Julius M. Kleiner Park 60 Centennial Park 0.4 William Watson Park 7.5 Champion Park 6 South Meridian Property 77.7 Chateau Park 6.7 Storey Park 4.5 Gordon Harris Park 11.25 TOTAL 179.3 Heroes Park 30.1 Meridian Bark Park 0.75 Meridian Settlers Park 56.1 Renaissance Park 6.5 Seasons Park 7.1 Storey Park 15 Tully Park 18.7 TOTAL 181.4 The Future Land Use Map identifies existing and future park locations. Existing parks are represented with a green asterisk located on a parcel with a "Civic" land use designation. Future parks have the same symbol with a semi -transparent halo surrounding it. These areas are further described in Chapter VII. [Chapter VII, Page 98] Ten Mile Interchange Specific Area Plan. A specific plan has been developed for approximately 2,800 acres bordered (roughly) by Linder Road to the east; McDermott Road to the west: the Union Pacific Railroad line to the north and '/z miles south of Overland Road on the south. The Specific area plan is an addendum to this Comprehensive Plan and places an emphasis on a mix of uses, both residential and commercial; new employment areas; higher density residential; a planned collector road network and design guidelines. The definitions of the future land uses in this specific area are different than those in the rest of the city. For detailed descriptions of the land use designations in this area go directly to the Ten Mile Interchange Specific Area Plan. [Chapter VII, Page 1061 Entryway Corridors. Roadways that introduce and welcome both visitors and residents to the City of Meridian. [Chapter VI, Page 72 separate paragraph in the note section] In order to increase connectivity and facilitate additional north -south traffic movement downtown the City will work through development and redevelopment to preserve right-of-way and construct East 3`d from Franklin Road to Fairview Avenue per the alignment identified in the East 3`d Street Extension Alignment Study Reportdated May 2009 The May 2009 report identifies the alignment of the future roadway and presents conceptual cross-sections for use in roadway design. COMPREHENSIVE PLAN AMENDMENT — TEXT — CPA 09-009 Page 4 of 5 SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this if^day of 52010. APPROVED by the Mayor of the City of Meridian, Idaho, this 0 day of LkrA-- , 2010. APPROVED: l May T my de Weerd ATTEST: „,,//� By: - Jaycee L41olman, City Clerk = SEAL - �'�� COUNTY • �,.`` f i 1, ►, COMPREHENSIVE PLAN AMENDMENT — TEXT — CPA 09-009 Page 5 of 5 tTEN TITLE: Resolution No 10 - 73 A Resolution of,the Mayor and City Council of the City Meridian Amend the Future Land Use Map of the =Comprehensive Pian by Replacing the Public/Quasi-Public enation with aNew Civic Designation; Changing the Future Land Use Designations for Current and Former Churches and Hospitals that-ore Designated, Public/Quasi-Public; Adding New Symbols to the Legend for Future Facilities (Le„ Schools, Parks, Fire Stations, Transit Stations); Incorporating the Land use Designations of the Ten: Mile Interchange Specific Area Plan; Removing the Water and Sewer lane Designations; Updating the Roadways Designated as Entry Way Corridors and Removing the Roadway Classifications by City of Meridian Planning Department; and t2vi5Mqn Effective Gate, MEE WOIOTA CLERKS OFNCE AWAL AC ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 3 BOISE IDAHO 06/10/10 09:59 AM DEPUTY Vicki Allen RECORDED -REQUEST OF III I�IIIIIIIIIIIIIIIIIIIIIIII'I II City of Meridian 110053547 CITY OF MERIDIAN RESOLUTION NO. T7 — 7c;)7 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN BY REPLACING THE PUBLIC/QUASI-PUBLIC DESIGNATION WITH THE 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan 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; and COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - CPA 09-008— Page I of 2 WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE immediately upon its adoption and approval. This Resolution shall be in full force and effect ADOPTED by the City Council of the City of Meridian, Idaho, this day of , ) U 4'� 2009. APPROVED bythe Mayor of the City of Meridian, Idaho, this Et day of U r1j, , 2009. APPROVED: Mayor T y de Weerd OFMER/p/ ATTEST: C)'pR�RgTF q�' o By: Jaycee . Holman, City Clerk ted", 9Q GST is, •ZQ��� /////,alit 11001to COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - CPA 09-008— Page 2 of 2 s 'n i v e .d , r ' - 1 � �` ; 4 cop'• - - - . �p • iz;'""'� T. • r ...' .. r 8 � 1V I as rzY " t r i }I i i i... _. 'MCMILLAN - s, !11.1 * I y h k ,IV_,IN Ius i F Y City of Meridian l Future Land Use Map Legend - - tantnrntnul K=, ti:itflgltifllRf lith ttttttttlligl/p�y�j(rytff lJtttt t#tifi/tl!?ttlu'S 1?Gttt r : ; e � Fire Station x School Parks tett i 1r M Transit Station t4 q z t,Future Facilities` � 4+1tEtai,r �a�ltitf„�„ r •.il.i!t 1.4 5 r yrt j4e Future Planning & Referral Areax� �IIIfEtllllltli= i LiVLHU1ND- Ten Mile Interchange Specific - , Future interchange Illiuuntfntsl: Future Overpass,-.' -' :/ � �"`";.' nvrrrrir ,er.r.r���rartrrtrrUntfnrt.a.,e:uitt; h, ti mf, � Entryway Corridor Waterway N. C. Neighborhood Center uitrtr i� ”. � �%. �.�[' / 1' ,i"' rte' ry � r%!! / �,.!'r. r .'/ �'! ,. "� � • +{t{t "''� �.�'t `,! .-` .r f `/' ✓".Y r / t Ate! /-' 'I I -3 ?; ,,C",e E IDIANA_,_� _z,I Pk '- ,, r' H it .h: f. �•'"'; �', „� � - -!', - "" "-- ` � � �----�'--.--w--�_..,,._.......o..�_..4�....,a......_...,,m,..e......,._...� err � '.�,�• 'r � r /• � O � ' / ,.. � , �, � � � �g i , j,..' -,t�/ r y f,'. .. , r Y,� - .` r'. �,f / r',,r`�•� `res �, r Notes:r fqf�- . ,r'r '� }!r'f �•' i'/✓ f /'/ s �� •� The future pathway network. inclAing segmrco ent alignments arui details, is irrperateel ! ,/ � r r ' .! f �. �' f i s in tHs map by reference and is available in the Meridian Palhways Maste- Plan. y 1 Symbols wrh hats indip!o general future facility locations. These symbols are nit parcel specific anc may float to nearby areas i Land use oesignztions in tri Ter NUe Interchange Specific Area are cifrererd from the res; of the City. 7esr4naSons /or that area are described in the Ten Able intercharVe Specific Area Plan. . r_. •..OM1 i r �- Future Land Uses I - Citywide Ten Mile p Interchange Specific Area � k. � Low Density Residential Civic Low Density Residential Low Density Employment i Medium Density Residential Old Town Medium Density Residential High Density Employment Med-High Density Residential Mixed Use Neighborhood Med-High Density Residential t Industrial f ---- iv� High Density Residential Mixed Use Community High Density, Residential Mixed Ei ployi ent Commercial `3 Mixed Use Non -Residential Pipeline Easement Mixed Use Residential Air - Office Mixed Use RegionalCivic Mired Use Commercial Prepared by Meridian Planning Department The information shown on this map is compiled from various t Industrial Mixed Use - Interchange - Green Space/Park Land Lifestyle Center !: soM .and ssubjesttoeonsardreviswn fir.CRyof i is �-` iVeq �a An makes rc warranty of gua: anlce as tc the corleM. acvuracy. timeliness; or tarn ete' s of anyof the data _ _ _� provided. and assumes no k�aJ re ons+hitv fcr the information oonta ned cn this map. Agoddien City Coundlr-'~. Ing DATE: June8, �1 Q ITEC R 4i' Resolution No. .. L "72 A Resolution of the Mayor and City Council of the City of Meridian to Amend the :Future Land Use Map of the 2442 Comprehensive Pian for 60.74Acres Known as Southridge West Commercial by Cabra Creek, LLC Located on the Northeast Comer of S. Ten Mile. Rttd and W. Overland Read, Meridian, Idaho from Medium High Density Resi entid (MHDR), Medium Density Residential (MDR), Green Space and Park Land (PARK) and Mixed Use Commercial (MUC) to Mixed Employment (ME) MEErW NOIITS _ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 3 BOISE IDAHO 06/10/10 09:59 AM RDEPUTY EC RDEDiC REQIUEST OF City of Meridian 110053548 CITY OF MERIDIAN RESOLUTION NO. IU — 72o BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR 60.74 ACRES KNOWN AS SOUTHRIDGE WEST COMMERCIAL BY CABRA CREEK, LLC PROPERTY LOCATED ON THE NORTHEAST CORNER OF S. TEN MILE ROAD AND W. OVERLAND ROAD, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 60.74 acres known as the Southridge West Commercial by Cabra Creek, LLC, Meridian, Idaho 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); and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - SOUTHRIDGE WEST COMMERCIAL CPA 09-010 Page 1 of 2 SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 0 d' of `junk ,2010. b APPROVED by the Mayor of the City of Meridian, Idaho, this d day of ILA * , , 2010. APPROVED: May my de Weerd ATTEST:I ,, pF MER/ TF By: Jaycee IQ Holman, City Cleric SEAL 9 M '910 QST fig' COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - SOUTHRIDGE WEST COMMERCIAL CPA 09-010 Page 2 of 2 so w, f V I i _i V 4 b` ' ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 3 BOISE IDAHO 06/10110 09:59 AM DEPUTY Vicki Allen II I I I II I II II I II II I I II II I I I III I II II III RECORDED -REQUEST OF City of Meridian 110053545 CITY OF MERIDIAN RESOLUTION NO. A)-729 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION VACATING THE PUBLIC UTILITY, IRRIGATION, AND DRAINAGE EASEMENTS ON THE INTERIOR LOT LINES OF LOTS 43-45, BLOCK 32, BRIDGETOWER CROSSING SUBDIVISION NO. 12 AND LOTS 15-17, BLOCK 36, BRIDGETOWER CROSSING SUBDIVISION NO. 11; AND VACATING A PORTION OF THE PUBLIC DOMESTIC WATER AND SEWER EASEMENTS ON LOTS 15-17, BLOCK 36, BRIDGETOWER CROSSING SUBDIVISION NO. 11, LOCATED IN THE SOUTHWEST CORNER OF W. MCMILLAN ROAD AND N. LINDER ROAD IN THE NORTHEAST 1/ OF SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 26, 2010 the City Council of Meridian, held a hearing on the vacating of a portion of the public utility, irrigation, and drainage easements on the interior lot lines of Lots 43-45, Block 32, Bridgetower Crossing Subdivision No. 12 and Lots 15-17, Block 36, Bridgetower Crossing Subdivision No. 11; and vacate a portion of the public domestic water and sewer easements on Lots 15-17, Block 36, Bridgetower Crossing Subdivision No. 11, located in the southwest corner of W. McMillan Road and N. Linder Road, in the northeast '/ of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion of the public utility, irrigation, and drainage easements on the interior lot lines of Lots 43-45, Block 32, Bridgetower Crossing Subdivision No. 12 and Lots 15-17, Block 36, Bridgetower Crossing Subdivision No. 11; and vacate a portion of the public domestic water and sewer easements on Lots 15-17, Block 36, Bridgetower Crossing VACATION OF WATER EASEMENT FOR BRIDGETOWER CROSSING SUB. NO. 11 & 12 - VAC 10-002 Pagel of 2 Subdivision No. 11, located in the southwest corner of W. McMillan Road and N. Linder Road, in the northeast '/ of Section 35, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of .-.l Lk -^-R— , 2010. py�APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Q day of �l�-h-� , 2010. ATTEST: M JAYCEE L. HOLMAN, CITY STATE OF IDAHO, ) ) ss County of Ada ) F -SEAL �sr �s� � �•rO�, COW" de WEERD On this $ +-hday of 'line, , 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .sees•. .••�1C1 Jp'•. (SEAL) 4,�?'pTA� �'�•� 4NARY PUBL C FOR IDAHO `', RESIDING AT: hung , (7 • MY COMMISSION EXPIRES: VACATION Oiif4 MENT FOR BRIDGETOWER CROSSING SUB. NO. 11 & 12 - VAC 10-002 Page 2 of 2 Exhibit A — Easements to be Vacated BRIDGETOWER CROSSING Na. I I & 12 VACADON OF EASEMENTS GqAP-4c SCALE 11 W FEY 4-m-1 IMMOuadrant Consu -irq, Irc. M. lirlau" saw ORPOE10a" mmwa um 4a o ftock 32 lk Aw, 14, 4uppu=40 WAY - --------- - r4 f MCGS Ma"Mo %A, NO PJOM 316 KOMI L ------------ -- -- -- -- -- -I i GqAP-4c SCALE 11 W FEY 4-m-1 IMMOuadrant Consu -irq, Irc. city, C out Wd' MW"an City Jun. 8, 2010 1:13PM MarCon 208-884-0330 No.6159 P. 1 M a r. C o n 1 11 C 1881 W. MarCon Lane, Meridian, 10 83642 Office; (208) 884.0209 FAX: (208) 884-0330 www.matconid.com A Martin Construction Company June 9$ 2010 Allerldlan'Clty Clerk 33 E. Broadway Avenue Meridian, ID 83642 2084084433 - Telephone 208-888-4218 - Fax JholmanGmerid1ancity,0'r0 Attention: City Council REGARD: Islands and median dividers on Franklin Road MarCon Inc, MarCon Precast Inc and MarCon Concrete LLC all use Franklin Road for business purposes and we request that you NOT place any median islands or dividers on Franklin Road as it will confliet with our trucking and ease of property access. We can see absolutely,no justification for the City of 'Meridian and Ads County to expend critical hands for this unneeded expense. We Would much prefer any funds available be used to strips a center tam lane the, entire length of Franklin from Main to Nampa. Sincerely Elaine Martin President Cc Franklin Road Property and Business Owners 'DECEIVED .JUN 0 8 2010 CITY OFOWnq�+ .. cl'ry CLERKS OFFICE "*npcn AVA= Mu.rCcin is an Floual 01""Porttl01y A"I.1 zployer SNeWorp and HR 10\Coffavond4mce\City dMeridiandocx May 18, 2010 Mayor and City Council City of Meridian 33. E. Broadway Avenue Meridian, ID 83642 ACHD Commissioners Ada County Highway District 3775 Adams Street Boise, ID 83714 Re: Proposed Franklin Road Median Island Dear Mayor, City Council and ACHD Commissioners: 0 A As property owners, business owners and residents on Franklin Road between Linder Road and Ten Mile Road, we would like to express our absolute opposition to the construction of a median island on Franklin Road. None of us are aware of being contacted regarding the use of medians in this project. The construction of the median island is not warranted at this time and will create a serious problem for commerce and development along this section of Franklin Road. The construction of a median island creates an unnecessary hardship by prematurely restricting access to undeveloped property and existing businesses. Construction of a median island will restrict the majority of properties to right in, right out ingress and egress only. Without the construction of frontage or connecting roads between properties, there will be no full access points for the majority of the properties along this section of Franklin Road which will irreparably damage existing businesses and diminish the development opportunities for the undeveloped parcels. We respectfully request that the Franklin Road median island not be constructed until such time that frontage or connecting roads can provide all properties with reasonable access to at least one full access, signalized intersection. Failure to delay the construction of the median island until such a time will unreasonably damage property owners and existing businesses. We are more than happy to present our objections at a City Council Meeting or ACHD Commission Meeting of your convenience. Page 1 of 1 Jacy Jones From: Jaycee Holman Sent: Monday, June 07, 2010 9:55 AM To: Jacy Jones Subject: FW: Franklin Road median islands Can you put this in the packets and respond to him to let him know that is has been included in the record? Thanks. Jaycee L. Holman City Clerk City of Meridian iholman(&meridiancity.or� (208) 888-4433 From: john morton [mailto:johnmorton83714@yahoo.com] Sent: Sunday, June 06, 2010 11:17 AM To: Jaycee Holman Subject: Franklin Road median islands Dear Mayor and Meridian City Council. I John Morton ,being the owner of property located at 2880 West Franklin Road, (between Ten Mile Road and Linder Road) do not feel that any median islands should be constructed at this time of the planned road improvement. I feel the construction of proposed islands would hinder traffic flow, restrict access to existing businesses and create a problem for the future development of parcels along this stretch of Franklin Road. Median Islands ,also have the affect of causing drivers to do "U" turns to get their destinations. Drivers will also turn into people's property to turn around. I feel that the islands are dangerous. Sincerely; John Morton 2880 West Franklin Road Meridian, Idaho 83642 6/7/2010 June 3, 2010 MEMORANDUM TO: Tammy de Weerd, Mayor Meridian City Council FROM: Caleb Hood, Planning Manager CC: Meridian City Clerk RE: Franklin Road Medians City Council Workshop Agenda Item for June 8`", 2010 In June of 2007 the City Council adopted the Ten Mile Interchange Specific Area Plan. In addition to refining future land uses in the vicinity of the Ten Mile Interchange, the Plan also outlines a roadway network that will complement future land uses in achieving the desired character for the area. The Plan includes a Street Section Map that proposes conceptual street sections for roadways throughout the area. Each roadway section type (A through E) is illustrated in the Plan. The narrative descriptions of the street sections on paged 3-22 and 3-23 of the Plan indicate that only sections A and B are appropriate for arterial roadways (sections C through E are designated for collector street use only.) The Plan identifies Franklin Road, between Black Cat and Linder (2 miles), as a 4 -lane parkway with landscaped medians and limited access points — section B. While creating the Ten Mile Plan, medians were discussed, and at least one property owner in this segment supported the four -lane parkway with landscaped medians in this section (see letter from Brighton Corporation, dated January 22, 2008, attached). However, a majority of the affected Franklin property owners did not provide comment on median design and location. Consistent with the Plan, and as requested by the City, ACHD has designed the Franklin, Ten Mile to Linder roadway widening project with landscaped center medians. ACHD is currently in the right-of-way acquisition phase for this project, with construction planned for 2012. There are multiple property owners along Franklin Road that have signed a letter, dated May 25, 2010, objecting to the medians. This area is comprised of both annexed and County -zoned property; some of the property is intensely developed and some properties are currently undeveloped. Below, staff has amended the pros and cons list that was presented to Council in December 2009 when property owners also had concerns with a center median planned in Overland, between Ten Mile and Linder. The goal of the pros and cons list is to help portray some of the goals of the Ten Mile Plan as well as the property owners' concerns. The "pros" column identifies reasons that ACHD should construct center medians and limit access as envisioned with the Plan with their roadway project. The "cons" column identifies reasons the median should not be constructed as articulated by property owners. Pros 1. ACHD is willing to install the ultimate, complete street section, including medians, with the project in 2012 2. Long-term access management provisions for Overland Road will be in place immediately and the City/ACHD will not have to restrict access further in the future 3. After Ten Mile Interchange opens, Franklin Road traffic volumes are expected to more than double; medians will be needed for efficient traffic movement 4. If not installed with the roadway project, there is no practical mechanism to require the installation of the center medians (some of the properties are already annexed and developed within the City.) 5. Installation would be consistent with the City's plans and code - medians on Ten Mile Road are moving into construction in this area 6. Left turning movements become more difficult and dangerous on high volume roadways and the medians effectively limit places where left turns may be allowed 7. Through design, radii could be accommodated for "larger" vehicles to make right-in/right-out movements and U-turns at intersections Cons 1. Medians and limited access hampers development potential of property 2. Some properties in this area are developed and have full -access, but with the medians would be restricted to right-in/right-out only 3. Development opportunities of the underutilized properties becomes diminished without full -access to Franklin Road 4. Timing is not right; medians could be installed at a future date, after frontage or connecting roads provide properties with reasonable access to a signalized intersection 5. Construction of the median island is not warranted at this time and will create problems for commerce and development by prematurely restricting access to properties Staff understands the concerns from the adjacent property owners and believes some interim compromises for access may be in order. For example, maybe driveways can be widened and/or cuts can be allowed temporarily for some of the property owners. However, staff believes that managing access along Franklin by installing medians is in the long-term best interest of the City and the travelling public. Therefore, in no interim situation/compromise should a long-term sacrifice be made to the function of this principal arterial roadway. Recently, Brighton Corporation hired HDR, Inc. to perform a detailed traffic analysis of a potential development in this area. To gain City support of any future "permanent" access to the properties in this area, not consistent with the Ten Mile Plan, staff believes property owners in this area should also go through a similar, detailed traffic analysis. Further, any access that is proposed with development that is not consistent with City Code and/or the Plan will require a variance and/or comprehensive plan amendment approval from the City Council. BRIGHTON CORPORATION January 22, 2008 Mayor Tammy de Weerd Meridian City Council RE: Franklin, Linder to Ten .Mile Design As you review ACHD's design plans for Franklin Road this evening, I want to affirm Brighton's support as an active participant in the Ten Mile Specific Area Plan and in the design efforts of ITD and ACHD. The City's vision for die Tear Mile Plan—' A Strategy to Enhance Meridian's Prosperity "—will be realized through the success of the private sector as it implements that Plan to bring the goods, services and commerce to the City and to the surrounding area. Private sector success will depend, in large part. on the efficiency of the roadway system design, but more importantly on the ease of access to the businesses fronting Franklin and Ten Mile. With that foremost in our site development plarming. we have worked closely with transportation planners to secure commitments for access. Specific to Franklin Road, in a letter dated September 21, 2007,. ACHD agreed with our request for access at the following points: • "The right-in/right-out driveway located 220' east of Ten Mile Road will be constructed with the ACHD project as a commercial access. " • "The proposed frill access located 660' east of Ten Mile Road is expected to conform with near-term changes to the Access Management Policy and therefore is approved as a commercial access. " • "The proposed public street located 1,330' east of Ten Mile Road is located in accordance with the Ten Mile Area Plan, and has the full support of staff " We support the roadway "treatments" noted in the staff memo, including: Four -lane parkway: landscaped medians; restricted access (to that noted above); detached sidewalks (preferring an 8 - foot planter strip, will provide needed easements to ACHD); and bike lanes. However, we believe that placing a temporary attached asphalt sidewalk would be unsightly, unsafe, and a waste of resources. We would propose that, at least to for the extent of our property, that the sidewalk be installed in the location anticipated by the Ten Mile Plan which I believe is an 8' separation. If ACHD needs additional right-of-way to accommodate that configuration we would be trilling to grant an easement. Brighton Corporation 11601 W : Explorer Drive, Suite 100, Boise, Idaho 83713 wwnebriehtoncora.cow Tel. (108) 378-4000 Fac (108) 377-8962 Page 2 of 2 01122/2008 We ask that the Mayor and Council support the mutual commitments made between Brighton and ACHD in the planning and design of Franklin Road. Sincerely, David Turnbull President KV�:A: �:N: A U K E R 3084 East Lanark Street Meridian, Idaho 83642 (208) 887-7994 tel. (208) 887-7998 fax May 25, 2010 Mayor and City Council City of Meridian 33. E. Broadway Avenue Meridian, ID 83642 ACHD Commissioners Ada County Highway District 3775 Adams Street Boise, ID 83714 Re: Proposed Franklin Road Median Island Dear AND Commissioners and Meridian Mayor and City Council: Recently a number of property and business owners on Franklin Road between Linder Road and 10 Mile Road met to discuss the proposed median islands on Franklin Road. The meeting resulted in the attached letter. The majority of the property and business owners along this section of Franklin Road were represented at the meeting. For your convenience I have listed the names and interest of each person who signed the letter. Ronald Van Auker - Owner of 36 acres on north side of Franklin Road. Jeff Jackson - Jackson Food Stores - Operator of service station and convenience store at Linder and Franklin. Burke Jones, Michael Huter, John Fereeson (Franklin & 10 Mile, LLC) - Owner of 39 acres on north side of Franklin Road. Jerry Bowers - Property owner and resident at 2770 W. Franklin Road. Walt Morrow - Property owner, resident and Business owner at 2340 W. Franklin Road - +/-17.5 acres. Dorothy Bowers - Property owner and resident at 2740 W. Franklin Road. Tort/ Martin (Martin Swigert, LLP) - Property owner and business owner at 1881 W. Marcon Lane - +/- 13.75 acres. Steve Sedlacek (Trisect, LLC) - Property owner and business owner at 2130 W. Franklin Road - +/-13.25 acres. Page Two Mayor and City Council City of Meridian ACHD Commissioners Ada County Highway District May 25, 2010 Bruce Gestrin (Joint District No. 2) - Property owner and bus terminal operator at 50 N. Ward Avenue - +/-28.8 acres. Matthew Lorcher - Business owner at 2490 W. Franklin Road. Pat Sturm - Business owner at 2490 W. Franklin Road. Steve Bainbridge, Dave Conkey - Property owner at 2075 and 2155 W. Franklin Road. Thank you for the consideration and please direct all correspondence to me and I will communicate back to the other owners. Sincer y, 4 Bradley E. Miller bmiller@vanauker.com 208-887-7994 - Main 208-577-5771- Direct May 18, 2010 Mayor and City Council City of Meridian 33. E. Broadway Avenue Meridian, ID 83642 ACHD Commissioners Ada County Highway District 3775 Adams Street Boise, ID 83714 Re: Proposed Franklin Road Median Island Dear Mayor, City Council and ACHD Commissioners: As property owners, business owners and residents on Franklin Road between Linder Road and Ten Mile Road, we would like to express our absolute opposition to the construction of a median island on Franklin Road. None of us are aware of being contacted regarding the use of medians in this project. The construction of the median island is not warranted at this time and will create a serious problem for commerce and development along this section of Franklin Road. The construction of a median island creates an unnecessary hardship by prematurely restricting access to undeveloped property and existing businesses. Construction of a median island will restrict the majority of properties to right in, right out ingress and egress only. Without the construction of frontage or connecting roads between properties, there will be no full access points for the majority of the properties along this section of Franklin Road which will irreparably damage existing businesses and diminish the development opportunities for the undeveloped parcels. We respectfully request that the Franklin Road median island not be constructed until such time that frontage or connecting roads can provide all properties with reasonable access to at least one full access, signalized intersection. Failure to delay the construction of the median island until such a time will unreasonably damage property owners and existing businesses. We are more than happy to present our objections at a City Council Meeting or ACHD Commission Meeting of your convenience. Page Two Mayor and City Council City Of Meridian AND Commissioners Ada County Highway District May 18. 2010 6/8/20X0 Meridian City Clerk 33 B Broadway Ave. Meridian, ID 83642 208-888-4433 telephone 208-888-4218 fax jholman@meridiancit .ora RECETT", F a JUN 0 8 2010 CITY OFC> E, I Shirley Person would like to express my absolute opposition to the CITY CLERKS OFFICE Construction of a median island on Franklin Road. The construction of a Median Island creates an unnecessary hardship by prematurely restricting Access to undeveloped property and existing business. Sincerely,.,,r.y.� ..... sem....,. Shirley Persona Jun, 8. 2010 3:52PM No, 7319 P. 1 "i'I , E7Y111� 1AL FtanFiin D1: ilAeur� id 83642 • ( 898x9353 .Fx (2fl6) 898 9357 . Gon�ra Lim � �C�-409 *Public Works License � 15223 -AA -4 May 8, 2010 Dear Mayor and City Council, As the owner of KB Welding, located at 1970 W Franklin, Z am writing to voice my concern over the future median plans for Franklin Road. Please see the attached exhibit that shows the only business access for KB Welding, Rayco, and Greyloch located approx. 250 east of Ward Lane. Ward Lane is a private lane for the benefit of the School District and Sanitary Company only with no other legal, access allowed. Our FULL business access allowing both left and right - in access must be maintained approx. 250 east of Ward Lane. Our business receives large 18 - wheel delivery trucks daily from both directions on Franklin and the FULL access must be maintained to preserve the viability of our business. Please take our concerns into consideration when you act on the Franklin Road design with ACRD. Sincerely, Kelly Bartlett __..... ,.Owner, KB Welding RECEIVED JUN 0 8 2010 Madam Mayor, members of the Council, CITY OFCCC CITY CLERKS OFFICE My name is Dave Roberts, 744 E. Kaibab Trail Drive, Meridian I am one of the owners of the 40 acres on the northeast corner of Ten Mile and Franklin Road and am also speaking on behalf of my partners, Mike Huter, Burke Jones and John Ferguson. I have several comments regarding some of the specific proposed accesses on Franklin Road and also the proposed median on Franklin Road from Linder to Ten Mile When the Ten Mile Interchange Specific Area Plan was developed and approved in May of 2007, one of the comments that I made to the city staff was that the City was acting as the Developer and was determining the market, creating the land planning design and determining the end uses of all of the properties in this area. And my concern was that unless one developer owned all of the property in the area, that there was really no way to insure that the roads were built where they were drawn on the Ten Mile Interchange Specific Area Plan or what the real mix of uses would be upon ultimate development. One example of this is when I testified at the May 22, 2007 City Council meeting that the Van Auker Property east of my property is included in the plan and is already annexed into the City and is Zoned Industrial. This is a dramatically different Zoning classification than the High Density Residential that is proposed on the Ten Mile Interchange Specific Area Plan. The remaining properties, east to Linder Road, are also already annexed into the City and Zoned Industrial as well. In the Ten Mile Interchange Specific Area Plan, these properties are designated "Mixed Employment". Since these properties are already in the City and have received Zoning classification, this Ten Mile Interchange Specific Area Plan has very little bearing on these properties. Now fast forward almost exactly 3 years from the approval of the Ten Mile Interchange Specific Area Plan. We have Brighton Corp, that represents the 40 acre parcel on the Southeast corner of Franklin and Ten Mile, directly across Franklin from our property, which has no development application before the city, but somehow has been able to convince the city to write a letter on their behalf to request specific access point changes to the Ten Mile Interchange Specific Area Plan. I am not sure exactly how this occurs through the governmental planning process and the Comprehensive Plan change process, but no doubt, you have all seen the letter from the City and the response from ACHD approving these accesses. (I have attached a copy of both of these letters to the packet I made for you). So now the City is actively engaging in development of this area, not for the entire Ten Mile Interchange Specific Area Plan, but requesting specific access points for Brighton Corp for their 40 acre parcel, when there is no application for development for their property. All of this is based on Brighton's traffic engineer using a conceptual development plan clearly skewed to their benefit. How does this affect my property? ACHD had already agreed in 2007 to a full access located 660' east of Ten Mile Road (See copy of letter attached to Caleb Hood's memo dated June 3, 2010). But now, the City has sent a letter to ACHD specifically requesting that this previous full access be rejected and states that a % access (Left In, Right In, Right Out) at that point will function better and makes no mention of access to my property on the north. In fact, the graphical description attached with the letter provides no access to my property from Franklin Road at all. Let me emphasize that this was all done without any notification to us and I think everyone here would agree that that change has a significant impact on my property. It is interesting that Brighton's traffic engineer came up with this conclusion, especially considering that my property is on the going home side of Franklin and now for some reason it is better to stack traffic back in Brighton's exclusive left turn lane to benefit his property. If the purpose of the median was to improve traffic flow, Brighton's left turn access will only serve to counter that purpose and simultaneously removed my most logical access point to Franklin Road. I am very disappointed that the City would act in this manner and very much disagree with the City making such a serious change and judgment against my property in favor of another property and property owner. This action has unjustly enriched Brighton Corporation at our expense and has significantly damaged our property. How does this affect other properties? ACHD had also approved of the Full Access signalized intersection at 1,330' east of Ten Mile. This intersection point was either on the property to the East of Brighton or it split the property boundary. Not surprisingly, Brighton's traffic analysis determined that their property is a much better location for this signalized intersection. And again, the City agreed and recommended for ACHD to change their design and put this intersection wholly on Brighton's property. It seems the Ten Mile Interchange Specific Area Plan now has a new subtitle labeled by the City in its letter to ACHD called the "Brighton access plan". I'm just a citizen and property owner and not an appraiser, but I am quite certain that these two changes have greatly increased the value of Brighton's property at the expense of our property and the property to the East of Brighton's property. q , u Some of my frustration comes from my understanding of what a Comprehensive Plan is and how it is used by the City in its long range planning process. My understanding was confirmed during the May 22, 2007 City Council meeting when staff presented the Ten Mile Interchange Specific Area Plan for approval. Part of the testimony given by Anna Canning regarding another access point on Ten Mile was as follows: "And, again, this is — although it's more specific than our current Comprehensive Plan, this is just a vision document. It's not setting in stone those locations and there is certainly opportunity for those agencies to coordinate their needs and find out the appropriate location for that intersection." (I have attached page 13 of the transcript with this quote highlighted) Apparently, now, this is not really true. The City is actively requesting very specific access locations and is stepping in on behalf of Brighton to determine not only the proper access points, but also the proper traffic movements that best serve Brighton's property with little regard to the effect on the neighboring properties. By placing a median the length of Franklin Road prior to any of this land being developed, the City is again dictating these locations without any real determination of the market and what is going to be developed on most of this land. I left the May 22, 2007 City Council meeting feeling that access points and specific roads would ultimately be determined during the development approval process. We are now aghast that this median is being placed the length of Franklin Road with the only property owner that is being benefited is Brighton's 40 acres on the Southeast corner of Franklin and Ten Mile. Thank you. Ma -ch 9.200) 1A d I i a!1-1 J Duactor do Co(In!" I li�-'hvilv District -1775 Adams hdrect Men (I 4. 1D 8371 Dear Dirmor Sch"oher: ��m TWOMV AP Qvn; City Council Members: The (V ' v Mialdhin is excited about the Ten Mile hiterchang.-, Sp-ciflc :arca Plan and its m4emial of heconnim-, 41 vihrmll p!acc to li\v work and sholy The mo count ' v i ugh" ay Disum WHO "ws an h"ponnni pan cd -the plmndn; process as wu all undur��raijd that it its I.lipolf2;nt Aw dw L=4 rivid nmork be deigned and built conwly in order An- dw mea a) humwil "L's it A \ ital part ni'llial proccss is tile ncc(i 11:1f- propel Icccss JIOHIL, HIC 11C,i 10 (L!\'ul()P MCOIAWO to We W"s ph ink To Hmomnudoc Te da Wymom Ww nm. 1he Ota1-c(Incsis MY AM) sWevolaw the access phn propond h) Tar ghton Devulopluct-It, as detailed hclO'x. Brii-'h[011 ('01-1)01'alion hH-Cd HDR 1--ilgMUM . ng to C0111111CIC a VOC-LISCd uFaff-JC aljLd\SiS f'or 4H acres located on the W1.1thCoSt corner of Wriuk and Tell lvfile Road•. 6ar", 111schnall and other ACH 1) and (til'.' staff have been awn ely working with Bhgtiart and fl DR on do hning the scoy� maul assumptions for the tral'i-ic anaW HDR ruvermV completed the suAy on hmv Che accesses pioposc.d to a Sepiomhcr 2 1, 2007 latalm"con AD and Brighmn MMomOon would Italciroll Nt \(:ar 111 "IR, anal'sis incorporated 11MM CaCtOr.-; in'-']Lldill�" 011i: -FCn 'Mile arca Spccii-ic Plan. 'liu'i and 111C Surruiiucin'.l road -1-his "ruj'!-1C irnirly'-Js and ocCcss plan the arca soui[icasi of the Ten Mile Frai-lUm intel-swion v, a� pr."clltud to the Cn"" ('(7)LIFICH (M lvlal-Ch 2. 2210. Thc results Croin the study Shmved the nee? IN-AmaHly Mmuse uOxcc.ssive qijcuing the proposed I -Lill access on Ten We Road located approxiinilcly a quarter-miL South ol, Franklin lZoild. I his acc'cs's will he located iust north of the Kcimcd'v f.nlcral ':.ro.'�sing of feat Milc Road. Thu study sko concluded that a thrveymna imnsudom Nwjmd owr somh of Franklin kold' wollid limmion. hutIcl I&I d lid! access mciltione'd In Ilic -'()()7 lt.:cur. '; he Iii riLdit-dill accz':-;ms bmween HW qtjartcr-nnikI'Ldl accts, and the INYC"Poidar icccss on An NIL Road Am aj"UMS M hWVO HO MOW IWSIVC RqIWN on dw lMv&ng I tile Cil\ rcqucsts that A",'I ID ';1'1iTC"-aluaIu thc-"sc prcjlosk':J R'('old 'ol aleety, (L'Cficjvllcy aml "�Jlh District TOY % to r; Ot ft1�4 Ma -ch 9.200) 1A d I i a!1-1 J Duactor do Co(In!" I li�-'hvilv District -1775 Adams hdrect Men (I 4. 1D 8371 Dear Dirmor Sch"oher: ��m TWOMV AP Qvn; City Council Members: The (V ' v Mialdhin is excited about the Ten Mile hiterchang.-, Sp-ciflc :arca Plan and its m4emial of heconnim-, 41 vihrmll p!acc to li\v work and sholy The mo count ' v i ugh" ay Disum WHO "ws an h"ponnni pan cd -the plmndn; process as wu all undur��raijd that it its I.lipolf2;nt Aw dw L=4 rivid nmork be deigned and built conwly in order An- dw mea a) humwil "L's it A \ ital part ni'llial proccss is tile ncc(i 11:1f- propel Icccss JIOHIL, HIC 11C,i 10 (L!\'ul()P MCOIAWO to We W"s ph ink To Hmomnudoc Te da Wymom Ww nm. 1he Ota1-c(Incsis MY AM) sWevolaw the access phn propond h) Tar ghton Devulopluct-It, as detailed hclO'x. Brii-'h[011 ('01-1)01'alion hH-Cd HDR 1--ilgMUM . ng to C0111111CIC a VOC-LISCd uFaff-JC aljLd\SiS f'or 4H acres located on the W1.1thCoSt corner of Wriuk and Tell lvfile Road•. 6ar", 111schnall and other ACH 1) and (til'.' staff have been awn ely working with Bhgtiart and fl DR on do hning the scoy� maul assumptions for the tral'i-ic anaW HDR ruvermV completed the suAy on hmv Che accesses pioposc.d to a Sepiomhcr 2 1, 2007 latalm"con AD and Brighmn MMomOon would Italciroll Nt \(:ar 111 "IR, anal'sis incorporated 11MM CaCtOr.-; in'-']Lldill�" 011i: -FCn 'Mile arca Spccii-ic Plan. 'liu'i and 111C Surruiiucin'.l road -1-his "ruj'!-1C irnirly'-Js and ocCcss plan the arca soui[icasi of the Ten Mile Frai-lUm intel-swion v, a� pr."clltud to the Cn"" ('(7)LIFICH (M lvlal-Ch 2. 2210. Thc results Croin the study Shmved the nee? IN-AmaHly Mmuse uOxcc.ssive qijcuing the proposed I -Lill access on Ten We Road located approxiinilcly a quarter-miL South ol, Franklin lZoild. I his acc'cs's will he located iust north of the Kcimcd'v f.nlcral ':.ro.'�sing of feat Milc Road. Thu study sko concluded that a thrveymna imnsudom Nwjmd owr somh of Franklin kold' wollid limmion. hutIcl I&I d lid! access mciltione'd In Ilic -'()()7 lt.:cur. '; he Iii riLdit-dill accz':-;ms bmween HW qtjartcr-nnikI'Ldl accts, and the INYC"Poidar icccss on An NIL Road Am aj"UMS M hWVO HO MOW IWSIVC RqIWN on dw lMv&ng I tile Cil\ rcqucsts that A",'I ID ';1'1iTC"-aluaIu thc-"sc prcjlosk':J R'('old 'ol aleety, (L'Cficjvllcy aml "�Jlh District TOY `A illi;;rrl .I SrII e tr:_r Page , Rc�:.gmAing Fnmkhn Road, tyle study output derrim straws that a three-quarter access located at 660' feat Gust of "fen Mile Road would function better than a yell access. Traffic artal�sis rL:-.rllts also show a need for a full -movement, sigrualized intersection at approxiruGttely the quarter -mile. location cast or the Ten KNOWS imasechow A AW" i h :ht -out aces s Centered hct%%cc�ij these ttto access pouts al approximately 9(IO is also proposed. Another rigflu-in rir� it -out access, proposed at 20' cast of "bell kho Road, raised some concern at (he Cite due to potelitial confUms with Ten N41c Creck as "TH :as the proximity to the irucnr cctiola. The Cita; %y'ould ash_ 1C1 -NA to evaluatc the possibility ofreluckng this access frilm nl'f of l=ranhlin Rot -d to be oil Ten Mile UK 33W south of Franklin in addition, the City wotdd request ,YNE) to evaluate the We remaining, proposed accesses on hralikik Road located X11 660% 90t)', and quarter-1111le Icic;ltions for safhm ClOciency. and consistence with District policv- The (`it_; of*. 4cridiall dCS, iIVS f h. C arcz`, 1iC-1r the "I'CII 1\11ilc Tntcic.lhall e to develop arcordulL, to file C (lV :i (- OElll alenove Plan and the Tun fide Irderch inke Sr1Cchic O ca Plan AN hN n'L.1RUSIg file iweis riiy of the transportation ne.tw ork. The City of NK-idian is uvonertdk- wicourag d by Brighton's proposed access points as shc1 vll oil the ltachnlent, as th,_'V SCcn7 to Iml a trici impact the roadway Ile[V\ ork or th of the Uilv*s, Plans. At the salli file piO oscd access point:, a1gw it 117 t,ec011111lo ate lh,,• laird uses ClIvisione'd 'xiih the platl by .tllov,�irlg m(re. 'ippropl ate cess location's and tylic.s. '['Ile Of), would appreciate an AC'l-tl.) staTcompmhurtive cvaluatioll on the proposed access Points lilt calcurrcncc «itll the FOR ualfie analysis and Brighton access plata Por this Le area ofTe City if you or your staff has any questions, please contact Caleb Hood with the City's Planning Dcparinwnt at 8815531 Thallic You for consideNg flus request. Sincerely. Tommy plc Word \favor cc: Ci art, h < ,�°lnrtla. AC`H D D,tvic "l urnhull. RriLdll. On CCrp. A11;1Lu11 ;it: HIlgiltoll '\cCeSti l'rt1pc15411 FRANKLIN ROAD 314 ACCESS r Ili L 4CCESS 660' (signalized) '4200' C� RURO 330' c Ig' iz: LLJi j 314 ACCESS 660' t - _.. Rl/RC+ i _ 930, I FUL LACCESS (signalized) 1200 Sherry R. Huber, President Rebecca W. Arnold, Vice President �— John S. Franden, Commissioner �iv.w.trG`eai�c Carol A. McKee, Commissioner Sara M. Baker, Commissioner May 19, 2010 The Honorable Tammy De Weerd City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 RE: Brighton Corporation Ten Mile Area Access Sturdy Dear Mayor de Weerd: ACRD staff has completed the comprehensive evaluation of the Ten Mile Area Access Study prepared by HDR Engineering on behalf of the Brighton Corporation. Your letter of March 9, 2010 requested ACHD to evaluate the proposed access points on Ten Mile Road and Franklin Road for safety, efficiency and consistency with ACRD policy. Over the past two months, staff has worked with Brighton to further evaluate the access study and through an iterative process has reached a conclusion satisfactory to both ACRD and Brighton. Through this process ACRD has strived to balance the needs of the future development of the area as envisioned by the City's land use planning efforts while maintaining the function and integrity of the arterial roadway network. In our review of the information provided it was determined that not all of the requested access points were necessary to serve the anticipated development of the area, nor could they be safely accommodated along the arterial roadways. The final determination by ACHD is consistent with ACHD policy, addresses safety concerns ACHD had with the original proposal and does not appear to negatively impact the operation of the Ten Mile Road/Franklin Road intersection nor the efficient flow of traffic on Ten Mile and Franklin Roads in the vicinity. ACRD approves the following access points on Ten Mile Road and Franklin Road for the 40 acre Brighton parcel at the southeast corner of the intersection based upon the future land use as designated in the City's Comprehensive Plan. This approval is contingent upon the parcel developing consistent with those land use designations and is subject to change or modification if the proposed land uses and/or traffic conditions change in the future. All distances are approximate and will be determined and approved by ACHD during design. Ten Mile Road 330' south of Franklin 28' wide right-in/right-out driveway, median restricted To include 100' right turn bay and 1:10 deceleration taper 730' south of Franklin 28' wide right-in/right-out driveway, median restricted To include 100' right turn bay and 1:10 deceleration taper 1150' south of Franklin 46' wide full access driveway or future public street To include 100' right turn bay and 1:10 deceleration taper Ada County Highway District * 3775 Adams Street • Garden City, ID • 83714 • PH (208) 387-6100 • FX 387-6393 • www.achd.ada.id.us To include 200' left turn storage bays north and south U-turns on. Ten Mile allowed Franklin Road 350' east of Ten Mile 28' wide right-in/right-out driveway, median restricted 660' east of Ten Mile 28' wide left-in/right-in/right-out driveway, median restricted Left -in movement limited to south side only To include 100' right turn bay and 1:10 deceleration taper To include 100' left turn storage bay 1180' east of Ten Mile 46' wide full access signalized driveway or future public street Signal to be installed when warranted in future To include 100' right turn bay and 1:10 deceleration taper To include 200' left turn storage bays east and west The access points listed above are different from that depicted in the City's Ten Mile Interchange Specific Area Plan, the plans for ITD's Ten Mile Interchange project and the plans for ACHD's Franklin. Road, Ten Mile to Linder project. ACHD would appreciate the cooperation of the City to coordinate the necessary changes to the affected projects as appropriate. If you or your staff has any questions, please contact me at 387-6180. Sincerely, Gary Inselman Manager, Right -of -Way and Development Services cc: J. Schweitzer, ACHD Director David Turnbull, Brighton Corporation Caleb Hood, City of Meridian Craig Jackson, CH2M-Hill Jeff Morf, RE, ITD District 3 June 3, 2010 MEMORANDUM TO: Tammy de Weerd, Mayor Meridian City Council FROM: Caleb Hood, Planning Manager CC: Meridian City Clerk RE: Franklin Road Medians City Council Workshop Agenda Item for June 8"', 2010 In June of 2007 the City Council adopted the Ten Mile Interchange Specific Area Plan. In addition to refining future land uses in the vicinity of the Ten Mile Interchange, the Plan also outlines a roadway network that will complement future land uses in achieving the desired character for the area. The Plan includes a Street Section Map that proposes conceptual street sections for roadways throughout the area. Each roadway section type (A through E) is illustrated in the Plan. The narrative descriptions of the street sections on paged 3-22 and 3-23 of the Plan indicate that only sections A and B are appropriate for arterial roadways (sections C through E are designated for collector street use only.) The Plan identifies Franklin Road, between Black Cat and Linder (2 miles), as a 4 -lane parkway with landscaped medians and limited access points — section B. While creating the Ten Mile Plan, medians were discussed, and at least one property owner in this segment supported the four -lane parkway with landscaped medians in this section (see letter from Brighton Corporation, dated January 22, 2008, attached). However, a majority of the affected Franklin property owners did not provide comment on median design and location. Consistent with the Plan, and as requested by the City, ACHD has designed the Franklin, Ten Mile to Linder roadway widening project with landscaped center medians. ACHD is currently in the right-of-way acquisition phase for this project, with construction planned for 2012. There are multiple property owners along Franklin Road that have signed a letter, dated May 25, 2010, objecting to the medians. This area is comprised of both annexed and County -zoned property; some of the property is intensely developed and some properties are currently undeveloped. Below, staff has amended the pros and cons list that was presented to Council in December 2009 when property owners also had concerns with a center median planned in Overland, between Ten Mile and Linder. The goal of the pros and cons list is to help portray some of the goals of the Ten Mile Plan as well as the property owners' concerns. The "pros" column identifies reasons that ACHD should construct center medians and limit access as envisioned with the Plan with their roadway project. The "cons" column identifies reasons the median should not be constructed as articulated by property owners. Pros 1. ACHD is willing to install the ultimate, complete street section, including medians, with the project in 2012 2. Long-term access management provisions for Overland Road will be in place immediately and the City/ACHD will not have to restrict access further in the future 3. After Ten Mile Interchange opens, Franklin Road traffic volumes are expected to more than double; medians will be needed for efficient traffic movement 4. If not installed with the roadway project, there is no practical mechanism to require the installation of the center medians (some of the properties are already annexed and developed within the City.) 5. Installation would be consistent with the City's plans and code - medians on Ten Mile Road are moving into construction in this area 6. Left turning movements become more difficult and dangerous on high volume roadways and the medians effectively limit places where left turns may be allowed 7. Through design, radii could be accommodated for "larger" vehicles to make right-in/right-out movements and U-turns at intersections Cons 1. Medians and limited access hampers development potential of property 2. Some properties in this area are developed and have full -access, but with the medians would be restricted to right-in/right-out only 3. Development opportunities of the underutilized properties becomes diminished without full -access to Franklin Road 4. Timing is not right; medians could be installed at a future date, after frontage or connecting roads provide properties with reasonable access to a signalized intersection 5. Construction of the median island is not warranted at this time and will create problems for commerce and development by prematurely restricting access to properties Staff understands the concerns from the adjacent property owners and believes some interim compromises for access may be in order. For example, maybe driveways can be widened and/or cuts can be allowed temporarily for some of the property owners. However, staff believes that managing access along Franklin by installing medians is in the long-term best interest of the City and the travelling public. Therefore, in no interim situation/compromise should a long-term sacrifice be made to the function of this principal arterial roadway. Recently, Brighton Corporation hired HDR, Inc. to perform a detailed traffic analysis of a potential development in this area. To gain City support of any future "permanent" access to the properties in this area, not consistent with the Ten Mile Plan, staff believes property owners in this area should also go through a similar, detailed traffic analysis. Further, any access that is proposed with development that is not consistent with City Code and/or the Plan will require a variance and/or comprehensive plan amendment approval from the City Council. e BRIGHTON CORPORATION J311ua1y 2=. 2008 Mayor Tammy & iyeerd Meri{hall f_.Ity Council RE: Franklin, Linder to Teri .Mile Design As You review ACHD's de>ign plans for Franklin Road this eyenitrg. I -,emit to affirm Brighton's se aport as in active participant in the Ten Af ie 1,A?e6 is _4 ea P air, and in the design efforts of ITD and ACHD. The City's vision for the Ten lI',re P1a 1—"A.>rattgi to Eitotxi. " £.iidlm?'s Pros,,critl'' will be realized through the success of the private sector as it implements that Pirn to bring the goods, services and colnnleice to the C-ity and to the surrOMIC11112 area. Private seCtolsucees5 will depend, nl large part, on the efficiency of the roadway system design, bill moi`e importantly oil the ease of access to the busiIlesses fl'ontlll? Franldni and Tell Mile.. With that foremost ill oar site development plaluriiag,ave have worked closely with tram-portation planners to secitre C onlillltmelits for access. Specific to Frauklin Road. in a letter dated Selrierlber 212007. AC'HD agreed with our repent for access at the folli.-m ill, points: i "Th 77t; 1'ii-di /.7 ;"7f-13i+t C1:71'ell'a1. loca red 2_'0, east o! Te<; 'Hilt* Rooni 11111 be cow --m ac'e'd Tith ,'le 4CHD P?z Cc r as z1 Czar ir,e,-Cial access, s "Tine: proposed fill access loctired 660' east of Ten _Mile Road is eipeCted tv Cnirtcir rrt Frith Arra•-wl-m changes to Alanagerrmrru PClicr,T!d tiger efor•e is appro-t-aci as a com merciol access. " • "Ther to opcse.d iii>h i eet ionated 1, 3310' east C{ Tei; Mile Roan rs located err r,Ccna7zarzee wit"! rade Tti7 _Milt= 4r•ea P7 An, �rrsllaa l,t +i„lt emmoi,r of -r aJf:' We support the road l ay "treatillentS noted in the staff 111eIlio. includllag: Four -lane p`lrk,,vay; landscaped medians: restricted access (tai that noted above): detached slue\' all 4 (preferring an "3 - foot planter strip, oriel p Ovide needed easements to AC'HD): aild bike lanes. How;--, er, -,s'e believe that placing a temporary attaclicd asphalt sidewalk -would be unsightly. unsafe. and a iz rite of resources. We ,%ould propos:. that, at least to for the extent of our property. that the sideral% be installed in the location anticipated by the Ten 1tlile Plan tahieh I believe is an 8' separation. If ACHD n.ccis additional right-of-lvay to a,cconulluC€ate that C011fi2uratiotl we ouflcl be ti ilIIrI2 to u_rant an easement. EHgktorr C'oiporatlan 12601 IF Explorer Drive, 5u11e 21010, Boise, Idaho 83713 I'll,W.brizhtowarp czar Tel.( 09)3.-8-10100 Fax 120.513"-8962 Paye of We ask that the Mwor and Council support the mutual coilimitrnents made hew een Brighton and AC HD in the piaimin2 and desi_n of Franklin i?ozI4. sntcer-,Iy, David Turnbull president Meridian City Council May 22, 2007 Page 13 of 36 Identical to a letter submitted in the record at the Commission hearing, actually, the night of the hearing. it -- it was a letter we had seen and Mr. Friedman has addressed those issues in a separate memo. And I will also talk about those under the outstanding issues, but that Is an additional piece of testimony we have received. And I just received an e-mail from Peter Oliver, but he is here and I'm sure he will reiterate his concerns on record tonight, so 1 won't go into detail on that. Staff also met with David Roberts and Brad Janicek, two property owners within the study area. The outstanding Issues before Council -- some of them are just asking you to verify that it was okay for us to do what we did. The first one being the removal of the area south of 1-84 and west of Ten Mile Road from the plan as recommended by staff and the Commission. Again, this is an overlap with the South Meridian Plan, which is still under consideration by the Commission. That hearing has been continued to the November 1st, 2007, hearing. So, we are also holding another public workshop for the south Meridian planning area and that will be on May 31st at Mary McPhearson Elementary. We will continue to work with those property owners within that study area. The second item is consideration of the written comments from ACRD. Their main points were -- they did request that the first intersection north of the interchange be moved farther north. We have been working with our consultant and they have been working with ITD on that interchange and that first access after the interchange we feel that that's left with those individuals to resolve and come up with a suitable solution for that. And, again, this is -- although it's more specific than our current Comprehensive Plan, this is just a vision document. It's not setting in stone those locations and there is certainly opportunity for those agencies to coordinate their needs and find out the appropriate location for that intersection. The memo from ACHD also discussed the funding of the impact fee structure and implementation for the planned collector road network. We had -- our consultants had discussed those items with the ACHD and perhaps they are not worded exactly right, but, again, this is a starting point to go forward and those were just kind of a list that we can begin to discuss these implementation tools and as i have discussed with Council, implementing this plan and coming up with the necessary tools to make this real is high priority for fiscal year '08 for the planning department. The third major one was the -- portraying the alignment of Overland Road as premature. And, again, we felt like ACHD had asked us to take a -- to move forward with this plan, so that they could move forward in the final approval of that and with the South Ridge Subdivision the Council did take that step and discuss this realignment as being appropriate for the area, moving forward. So, we did feel that those ACHD concerns can be address in the future and that they just help -- this plan will help to move those issues forward. F=inally, the outstanding issue of confirmation that future development occurring in the areas designated as mixed use commercial on the east side of the Ten mile, extending north from the Lifestyle center, this planned transit station would be designed and constructed as a main street. I talked to you about this before and there was that commitment by Mr. Turnbull that that would occur. That main street form emphasizes to building constructed to the edge of sidewalk, thereby framing that street and pedestrian scaled building frontages, vertically integrated, mixed use, and on -street parking. So, that was one of the outstanding issues. I need to mention that we worked with Mr. Janicek -- as you will note the -- there Is a green way that was following the trunk line, sewer trunk line, and Mr. Janicek came in and kindly pointed out to us that that's not the easement In AberCity CQd Merid Parks & Rec Strategic Focus NoMarceemmtm 7 a t yo t e, . by providing well-designed and proper maintained parks and recreational opportunities for all citizens. City of Meridian Mission: The City of Meridian's mission for 2025 is to continue to be a safe, attractive, and inviting community that is full of diverse activities. Meridian delivers quality service, planning, and fiscal responsibility with open spaces, strong partnerships, and various educational opportunities. Culture, unique business ventures, and �ui abundant choice of jobs make Meridian not just a destination, but a lifestyle. Vision: Meridian is a vibrant community whose vision is to be a premier city to live, work, and raise a family. -RECEIVED JUN 0 8 2010 CITY OFGWEts�gg - CITY CLERKS OFFICE I Activity Guide Enrollments by Year Through M ay 26th, 2010 3000 25D] ZBb 2500 Total 2000. ❑Fall Gutla Enrollments 1500 10&9 ■Spnrg5wrmer Guke 1000 ■ W -r G.d. 500 0 2008 2007 2008 2000 2010 r..r '0 ■ rJewtrees planed Nar Downtown Tea Boz R.pW.,—tTimeline Gym Umya by —, Ted Gra lbun Wp ,. O CLep.eal 10 ,.� Organizational Excellence Provide timely training and professional development opportunities to staff. Update Parks & Recreation Ordinances and Policies. Customer Service. Treat all customers as if they were family i Stewardship of the Public Trust Ensure all public facilities are safe. Daily monitoring of splash pad Monthly inspections of all pla}&,round equipment Coordinate OPTED with Police Dept. Manage departmental resources wisely and efficiently. Create/expand partnerships to improve system Be accountable for every dollar you spena'-' Ask only for things that you absolutely need All personnel monitor expenses to ensure taxpayer 11 IFS Economic challenges a play' recreation Preparing for new park improvements, including Julius M. Kleiner Memorial Pa and Borup Locating a new Maintenance Facility site 13 14 City Counc MWn*dian i'ty-' C CRY OF MERIDIAN GENERAL FUND FIVE YEAR CAPITAL IMPROVEMENT PLAN GENERAL FUND - CAPITAL IMPROVEMENT PLAN FY2011 TO FY2015 jZECEIVED JUN 0 8 2010 CIP NEW BUDGET NEW BUDGET NEW BUDGET NEW BUDGET NEW BUDGET Y OF vYt& IAN YEAR DESCRIPTION GENERAL FUND PARK IMPACT FIRE IMPACT POLICE IMPACT RURAL FIRE FUND BALANCE k, BUDT� O I,W"OFFICE FY2011 Pathway Connections $100,000 Settler Village Sq Tennis $500 000 $100,000 $5,000 Recreation Center Fund $25,000 $500,000 $10,000 Maintenance Shop $25,000 5405,000 $405,000 Parks Subtotal Police Replace Vehicles $125,000 $317,500 $500,000 $0 $0 $0 $405,000 $1,030,000 $15,000 Phone purchase VOIP $62,000 5317.500 Animal Shelter 562,000 $3,000 $0 Police Subtotal $379,500$0 $0 $U $0 Refurbish Engine #39 $200,000 $0 $379, 500 53,000 Refurbish Engine #32 $200,000 $200,000 $200,000 Fire Subtotal $400,000 $0 $U $U $0 $00000 Computer Replacement $45,000 $0 IT Replacement/Hardware $45,000 $45,$45 Software $160,000 000 IT Subtotal $250,000 $0 $0 $0 $160,000 $5,000 t 50 $250,000 $5,000 FY2012 MINW Storey Park Development $37,500 $37,500 $0 Pathway Connections $100,000 $75,000 Kleiner Park $160,000 $100000 $5000 Recreation Center Fund $160 000 Maintenance Shop Construction $500,000 $500 000 Rails to Trails $1,500,000 $1,500,000 $15,000 Parks Subtotal $137,500 $197,500 $0 $0 $0 $500,000 $2,500,000 $500,000 $2,835000 $20,000 Animal Shelter Police Training Center $250,000 $300,000 $650,000 $1,200,000 $139,544 Police Replace Vehicles $300,OOp $237,391 $3,262,609 $3.500,000 $250,000 $300,000 Police Subtotal $550,000 $0 $0 $537,391 $0 $3,912,609 $5,000,000 $389,544 Refurbish Fire Engine #31 $200,000 $0$200 Replace Engine S410,000 000 $410,000 Fire Subtotal $610,000 $0 $0 $0 $0 $0 $610,000 $O ComputerReplacement $80,000 IT Replacement/Hardware $131,500 $80000 IT Subtotal $211,500 $0 $0 $0 $0 $0 $131,500 $211,500 $5,000 $5,000 pow SKAIPW 0049" FY2013 Land Acquisition Fund Pathway Connectionsso $100,000 Borup Construction $200,000 $100,000 $5,000 Storey Park Development $262,500 $262,500 $200,000 $525,000 $6,860 Recreation Center Fund Rails to Trails $500,000 so $500,000 $50,000 Parks Subtotal $562,500 $262,500 $0 $0 $0 $500,000 $1,325,000 561,860 Fire Station #6 $1,550,000 $1,550,000 $856,000 Aerial Truck Station #6 $1,000,000 $1,000,000 $284,107 Purchase Station #5 from Rural Fire $1,394,000 $1,394,000 Fire Subtotal $0 $0 $2,394,000 $0 $1,550,000 $0 $3,944,000 $1,140,107 Police Substation FS #6 $77,500 $77,500 $1,200 Police Replace Vehicles $300,000 $300 000 Police Subtotal $300,000 $0 $0 $77,500 $0 $0 $377,500 $1,200 Computer Replacement $80,000 $80,000 $5,000 IT ReplooementlHardware $91,500 $91,500 Software $16,000 $16,000 IT Subtotal $187,500 $p $0 $0 $187,500 $5,000 1p FY2014 Pathway Connections $100,000 $100,000 $5,000 Borup Development $2,750,000 $2,750,000 $130,500 77 Acre South Meridian Park $400,000 S400,000 Recreation Center Fund S500,000 $500,000 $0 so Parks Subtotal $100,000 $3,150,000 $0 $500,000 $3,750,000 $135,500 Replace Eng #33 Pierce 5410,000 $0 $410,000 Fire Subtotal $410,000 $0 $0 $0 $0 $410,000 $0 $0 $0 Police Replace Vehicles 5300,000 S300,000 Police Subtotal $300,000 $0 $0 $300,000 $0 Computer Replacement $80,000 $80000 IT Replacement/Hardware $131,500 $131,500 Software $36,500 $36,500 IT Subtotal . ' $248,000 $0 50 $248,000 $5,000 _. jiA FY2015 Pathway Connections Segmen $100,000 $100,000 $5,000 Neighborhood Park Dev, 5350,000 $350,000 $18,578 Recreation Center Fund 5500,000 $500,000 $250,000 Parks Subtotal $100,000 $350,000 $0 $500,000 $950,000 $273,578 Replace Engine #34 Pierce 5410,000 $410 000 Replace Water Tender #31 $240,000 $240,000 $0 Fire Subtotal $650,000 $0 $0 $0 $0 $0 $650,000 0 $0 Police Replacement Vehicles $300,000 5300,000 Police Subtotal $300,000 s0 $0 $0 $300000 $0 Computer Replacement $80,000 $60,000 IT Replacement/Hardware $91,500 $91,500 Software $0 $O ?Subtotal $171,500 $0 $0 $171,500 $0 Tdo ANWO -So so Increase in annual GRAND TOTAL Total Funds Available $5,9N,000 $5 000,000 54,460,000 $4,396,111 $2,394,000 $2,239,328 $614,891 $714,891 $1,550,000 $1,550,000 $8,317,609 $8,317,609 $23,329,500 $22,217,939 Operating :.0H,7a Cost Additional Operating Under/Over FUNDS $993,000 $63,889 $154,672 $100,000 $0 $0 $1,111,561 O Z Q D: W Z W CI �_ I N O V C7 Z poO coo n ao Q D 0 0 W00 O O O D 0 10 10 L6 6 -- O O a N 8t2S8M O O to t» Nm v) w t» v) CO M O N O 000 O vV0 0 i O I n O Cl! 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