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HomeMy WebLinkAbout2010-07-27E IDIAN*,-_--, IDAHO? CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 27, 2010 at 7:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd (Note: Councilman Rountree arrived at 7:26 p.m.) 2. Pledge of Allegiance 3. Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of July 6, 2010 City Council Regular Meeting B. Approve Minutes of July 13, 2010 City Council Workshop Meeting C. Request to Enter into Negotiations & Agreement with TRS Range Services for Design of the Multi -Use Indoor Training Facility Design D. Approval of Utility License Agreement with Settlers Irrigation District for Water Line Crossings of the Lemp Canal and North Slough E. Sewer & Water Main Easement for Bridgetower Crossing Subdivision #15 Meridian City Council Meeting Agenda — Tuesday, July 27, 2010 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Agreement for the Construction of the Bittercreek Lift Station and Pipelines Project with Bodiford Construction for a Not -To -Exceed Amount of $1,183,180.00 and Authorize a Change Order for the Addition of Additive Alternative #2 (Property Owner Services) for $22,065.00 G. Amendment No. 2 for the Eskel Porter Contract for the Hansen 8 Implementation: Request to Amend the Completion Date From the Original Completion Date of February 28, 2010 to September 30, 2010 and to Approve the Reallocation Funds Within the Original Agreement Dated October 28, 2009 H. Final Order Granting and Additional 18 -Month Time Extension for Approval: TE 10-016 Trilogy Subdivision by Conger Management Group Located 4325 W. Chinden Boulevard: Request for Approval of an Eighteen (18) Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat I. Addendum to Development Agreement for Approval: MDA 10-002 Bridgetower Crossing Office by Primeland Investment Group, LLC Located on the Southwest Corner of W. McMillan Road and N. Linder Road: Request to Modify Several Provisions of the Recorded Development Agreement (Instrument #108059801) Vacated J. Resolution No. 10-733: A Resolution Vacating Three (3) 20' x 20' City of Meridian Water and Sewer Easements on Lots 1 and 2; Lot 2 and Lot 10, Block 2 Recorded with Gramercy Subdivision No. 1, Located in the Northeast '/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and Providing an Effective Date K. Resolution No. 10-734: A Resolution Vacating of a Portion of the Public Access/Utility Easements on Lots 4, 5, and 7 Block 1 of the Courtyards at Ten Mile Subdivision 6. Community Items/Presentations A. Discussion Regarding Meridian Senior Center Lease at Kleiner Memorial Park 7. Items Moved From Consent Agenda 8. Action Items Meridian City Council Meeting Agenda — Tuesday, July 27, 2010 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. a A. FP 10-004 Spurwing Greens by Lion Land, LLC Located Approximately 1/4 Mile North of Chinden Boulevard, West of Spurwing Subdivision: Request for Final Plat Approval for Two (2) Residential Building Lots and Two (2) Common Lots on Approximately 2.13 Acres in an R-2 Zoning District Approved B. FP 10-005 Zebulon Heights Subdivision No. 3 by The Traditions by Amyx II, LLP Located South of East McMillan Road and West of North Eagle Road: Request for Final Plat Approval of Eighteen (18) Single -Family Residential Building Lots, Four (4) Common Lots and One (1) Ada County Highway District (ACRD) Storm Drainage Lot on 8.06 Acres in an R-4 Zoning District Approved Department Reports A. Parks and Police Department's Joint Report: Dog Park Discussion (Amended onto Agenda as Item A2) Discussion by Parks Department Regarding Movie Night B. Finance Department Report: Adoption of the FY2010 Amended Budget in the Amount of $65,894,051.00 Moved to item 8C Approved C. Finance Department Report: Adoption of the FY2011 Tentative Budget in the Amount of $68,263,267.00 Moved to item 8D Approved D. Public Works Department: Update on Ada County's Waste to Energy Project E. Planning Department: Transportation Overview - Presentation by City Staff on Recent Transportation Projects, Studies and Plans - Including a Review of the Draft State Transportation Improvement Program (STIP), COMPASS' Regional Transportation Improvement Program (TIP), Grant Opportunities and Partnerships, and other Transportation Topics 10. Other Items Meridian City Council Meeting Agenda — Tuesday, July 27, 2010 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Executive Session per Idaho State Code 67-2345 (1)(f) — To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 9:54 p.m. Out of Executive Session at 10:18 p.m. Adjourned at 10:18 p.m. Meridian City Council Meeting Agenda — Tuesday, July 27, 2010 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIAN*--- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 27, 2010 at 7:00 PM T, 0q F • ry) v"'1. Roll -Call Attendance +/ David ZarembaBrad Hoaglun 0 Charlie ountree✓Keith Bird �itMH4 7: �a/ Mayor Tammy de Weerd Z2. Pledge of Allegiance ,1"'�'3. Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle �. Adoption of the Agenda ✓5. Consent Agenda A. Approve Minutes of July 6, 2010 City Council Regular Meeting B. Approve Minutes of July 13, 2010 City Council Workshop Meeting C. Request to Enter into Negotiations & Agreement with TRS Range Services for Design of the Multi -Use Indoor Training Facility Design D. Approval of Utility License Agreement with Settlers Irrigation District for Water Line Crossings of the Lemp Canal and North Slough E. Sewer & Water Main Easement for Bridgetower Crossing Subdivision #15 Meridian City Council Meeting Agenda — Tuesday, July 27, 2010 Page 1 of 3 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. F. Agreement for the Construction of the Bittercreek Lift Station and Pipelines Project with Bodiford Construction for a Not -To -Exceed Amount of $1,183,180.00 and Authorize a Change Order for the Addition of Additive Alternative #2 (Property Owner Services) for $22,065.00 G. Amendment No. 2 for the Eskel Porter Contract for the Hansen 8 Implementation: Request to Amend the Completion Date From the Original Completion Date of February 28, 2010 to September 30, 2010 and to Approve the Reallocation Funds Within the Original Agreement Dated October 28, 2009 H. Final Order Granting and Additional 18 -Month Time Extension for Approval: TE 10-016 Trilogy Subdivision by Conger Management Group Located 4325 W. Chinden Boulevard: Request for Approval of an Eighteen (18) Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat I. Addendum to Development Agreement for Approval: MDA 10-002 Bridgetower Crossing Office by Primeland Investment Group, LLC Located on the Southwest Corner of W. McMillan Road and N. Linder Road: Request to Modify Several Provisions of the Recorded Development Agreeme jt j (Instrument #108059801) Staff has requested to Vacate V J. Resolution No. Proposed # 10-733: A Resolution Vacating Three (3) 20'x 20' City of Meridian Water and Sewer Easements on Lots 1 and 2; Lot 2 and Lot 10, Block 2 Recorded with Gramercy Subdivision No. 1, Located in the Northeast % of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and Providing an Effective Date K. Resolution No. Proposed # 10-734: A Resolution Vacating of a Portion of the Public Access/Utility Easements on Lots 4, 5, and 7 Block 1 of the Courtyards at Ten Mile Subdivision 6. Community Items/Presentations Discussion Regarding Meridian Senior Center Lease at Kleiner Memorial Park J& -e- 7. Items Moved From Consent Agenda Meridian City Council Meeting Agenda — Tuesday, July 27, 2010 Page 2 of 3 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. Action Items (These items are not public hearings) FP 10-004 Spurwing Greens by Lion Land, LLC Located Approximately 1/4 Mile North of Chinden Boulevard, West of / Spurwing Subdivision: Request for Final Plat Approval for Two (2) Residential Building Lots and Two (2) Commo of on bi,ft4 Approximately 2.13 Acres in an R-2 oning District -t'✓i u4fr�a. � �tla. r B. FP 10-005 ZebulonYetights Subdivision No. 3 by The Traditions by Amyx II, LLP Located South of East McMillan Road and West of North Eagle Road: Request for Final Plat Approval of Eighteen (18) Single -Family Residential Building Lots, Four (4) Common Lots and One (1) Ada County Highway C. District (ACHD) S,;orm Dninage Lot on 8.06 Acres in an R-4 Zoning District /'„ (._C 0 �9. Department Reports Q �r VIA. Parks andPtscussion ice D a 3 is tn�tReport: Park ,pp' VA !� t S %vJ M !v� L /k r11 t�t ` Finance Department Report: Adoption of the FY2010, Amended Budget in the Amount of $65,894,051.00 (Pleasg move to item 8C. This is actually an action item) ©� —E. Finance Department Report: Adoption of the FY2011 Tentative Budget in the Amount of $68,263,267.00 (Please move to item Z8D. This is actually an action item) DPublic Works Depa ent: pdate on d Cou y' Waste to Energy Project i?/�o��y �� C " �_, /<, E. Planning Department: Transportation Overview - Presentation by City Staff on Recent Transportation Projects, Studies and �- Plans - Including a Review of the Draft State Transportation ( t "/7 Improvement Program (STIP), COMPASS' Regional Transportation Improvement Program (TIP), Grant Opportunities artn rships, and other Transportation Topics C" , / 10. Other Items '' 4 �a6 K.6 lop, q; � y CIL A. Executive Ses ion per Idaho State Code 67-2345 (1)(f) - To Consider and Advise Its Legal Representatives in Pending Litigation_ Meridian City Council Meeting Agenda — Tue day, July 27, 2010 Page 3 of 3 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. IDIAN-- WE, - ,0 A H CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 27, 2010 at 7:00 PM 1. Roll -Call Attendance David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle 4. Adoption of the Agenda 5. Consent Agenda A. Approve Minutes of July 6, 2010 City Council Regular Meeting B. Approve Minutes of July 13, 2010 City Council Workshop Meeting C. Request to Enter into Negotiations & Agreement with TRS Range Services for Design of the Multi -Use Indoor Training Facility Design D. Approval of Utility License Agreement with Settlers Irrigation District for Water Line Crossings of the Lemp Canal and North Slough E. Sewer & Water Main Easement for Bridgetower Crossing Subdivision #15 Meridian City Council Meeting Agenda — Tuesday, July 27, 2010 Page 1 of 3 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 F. Agreement for the Construction of the Bittercreek Lift Station and Pipelines Project with Bodiford Construction for a Not -To -Exceed Amount of $1,183,180.00 and Authorize a Change Order for the Addition of Additive Alternative #2 (Property Owner Services) for $22,065.00 G. Amendment No. 2 for the Eskel Porter Contract for the Hansen 8 Implementation: Request to Amend the Completion Date From the Original Completion Date of February 28, 2010 to September 30, 2010 and to Approve the Reallocation Funds Within the Original Agreement Dated October 28, 2009 H. Final Order Granting and Additional 18 -Month Time Extension for Approval: TE 10-016 Trilogy Subdivision by Conger Management Group Located 4325 W. Chinden Boulevard: Request for Approval of an Eighteen (18) Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat I. Addendum to Development Agreement for Approval: MDA 10-002 Bridgetower Crossing Office by Primeland Investment Group, LLC Located on the Southwest Corner of W. McMillan Road and N. Linder Road: Request to Modify Several Provisions of the Recorded Development Agreement (Instrument #108059801) J. Resolution No. : A Resolution Vacating Three (3) 20' x 20' City of Meridian Water and Sewer Easements on Lots 1 and 2; Lot 2 and Lot 10, Block 2 Recorded with Gramercy Subdivision No. 1, Located in the Northeast 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and Providing an Effective Date K. Resolution No. Vacating of a Portion of the Public on Lots 4, 5, and 7 Block 1 of the Subdivision Community Items/Presentations : A Resolution Access/Utility Easements Courtyards at Ten Mile A. Discussion Regarding Meridian Senior Center Lease at Kleiner Memorial Park 7. Items Moved From Consent Agenda Meridian City Council Meeting Agenda — Tuesday, July 27, 2010 Page 2 of 3 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. Action Items A. FP 10-004 Spurwing Greens by Lion Land, LLC Located Approximately 1/4 Mile North of Chinden Boulevard, West of Spurwing Subdivision: Request for Final Plat Approval for Two (2) Residential Building Lots and Two (2) Common Lots on Approximately 2.13 Acres in an R-2 Zoning District B. FP 10-005 Zebulon Heights Subdivision No. 3 by The Traditions by Amyx 11, LLP Located South of East McMillan Road and West of North Eagle Road: Request for Final Plat Approval of Eighteen (18) Single -Family Residential Building Lots, Four (4) Common Lots and One (1) Ada County Highway District (ACRD) Storm Drainage Lot on 8.06 Acres in an R-4 Zoning District 9. Department Reports A. Parks and Police Department's Joint Report: Dog Park Discussion B. Finance Department Report: Adoption of the FY2010 Amended Budget in the Amount of $65,894,051.00 C. Finance Department Report: Adoption of the FY2011 Tentative Budget in the Amount of $68,263,267.00 D. Public Works Department: Update on Ada County's Waste to Energy Project E. Planning Department: Transportation Overview - Presentation by City Staff on Recent Transportation Projects, Studies and Plans - Including a Review of the Draft State Transportation Improvement Program (STIP), COMPASS' Regional Transportation Improvement Program (TIP), Grant Opportunities and Partnerships, and other Transportation Topics 10. Other Items A. Executive Session per Idaho State Code 67-2345 (1)(f) — To Consider and Advise Its Legal Representatives in Pending Litigation Meridian City Council Meeting Agenda — Tuesday, July 27, 2010 Page 3 of 3 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. RECEIVED Changes to the Agenda: None JUL z 7 zoo CITY OFC4TE �,nr, CIN CLERKS OFFICE Item #8.A: Spurwing Greens Subdivision (FP -10-004) Application: Final plat consisting of two building lots and two common lots on approximately 2.3 acres of land. The Tree Farm development agreement was amended to incorporate building elevations and a new concept plan to include the tennis facility as an amenity within a common lot contingent upon the property platting in two years. The approved preliminary plat depicts two residential lots and a micropath lot in the vicinity of the proposed common lots/tennis facility. The two buildable lots proposed with the subject plat have not varied from the original approval. Outstanding Issues before Council: None Staff Recommendation: Approval; the final plat substantially complies with approved PP. Applicant Provided Written Agreement with Conditions: Yes; applicant is in agreement with the conditions in the staff report. Item #8.B: Zebulon Heights Subdivision No. 3 (FP -10-005) Application: Final plat consisting of 18 building lots, 4 common area lots, and 1 ACHD storm drainage lot on 8.06 acres of land in an R-4 zoning district for Zebulon Heights Subdivision No. 3. Location: The subject property is located on the south side of E. McMillan Road, west of N. Eagle Road. This is the second final plat proposed for Zebulon Heights Subdivision No. 2. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found it to be in substantial conformance as the number of buildable lots is the same and there is not a reduction in the amount of open space proposed. The applicant has until September 27, 2010 to obtain the City Engineer's signature on the final plat or apply for another time extension. Outstanding Issues before Council: None; the applicant is in agreement with the conditions in the staff report. Staff Recommendation: Approval; the final plat substantially complies with approved PP. Meridian City Council Meeting July 27, 2010 A Council meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, July 27, 2010, by Mayor Tammy De Weerd. Members Present: Mayor Tammy De Weerd, President David Zaremba, Charlie Rountree, Keith Bird, and Brad Hoaglun. Others Present: Ted Baird, Jaycee Holman, Pete Friedman, Steve Siddoway, Caleb Hood, Warren Stewart, Jeff Lavey, Mike De St. Germain, Joe Silva, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy De Weerd De Weerd: Well, I will go ahead and call this meeting to order and welcome all of you here joining us this evening. For the record, it is Tuesday, July 27th. It's 7:00 p.m. I will ask you to start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we will be lead in the pledge by former city councilman Joe Borton. If you will all rise and join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) De Weerd: Joe, usually I offer a City of Meridian pin for those that lead us in the pledge. Would you like one? Borton: Absolutely. Bird: Have you ever seen a lawyer turn anything down. Item 3: Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle De Weerd: Item No. 3 is our community invocation. Tonight we will led by Pastor Burton Roberts with Meridian Gospel Tabernacle -- or retired. It's nice to see you here this evening. Roberts: It's always my privilege to be here, Madam Mayor, and it's a privilege to continue to serve in this community Meridian City Council July 27, 2010 Page 2 of 53 De Weerd: Thank you. Roberts: Let us pray. Most gracious and kind Heavenly Father, we pause tonight to invoke your presence at this meeting, asking again that our hearts and our minds will be reminded of the wonders of your grace and your mercy in our lives. Cause your presence to be sensed and known and felt here this night, releasing wisdom and guidance and knowledge for our Mayor and the Council as they continue to serve us in the best way that they know how. I ask that you would give them continuing health and strength and the guidance that is needed. With thankful hearts we ask all these things in Jesus wonderful and mighty name, amen. Item 4; Adoption of the Agenda De Weerd: Thank you, pastor, for being here. Item no. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items on the agenda. Under Item 5-J -- I'm sorry. I. Staff has requested to vacate that item. Under 5-J, that resolution is 10-733. 5-K is resolution 10-734. Under Item 8, just a note that Items A and B are not public hearings. Under Item 9, Department Reports, following Item A, the dog park discussion by parks and police, we want to add an A-2 and that is a discussion by Parks Department on movie night. And that will move down the Finance Department report to -- actually, we are going to -- and, then, we are going to move 9-13, the Finance Department report and adoption of the FY -2010 amended budget, to 8-C, because this is an action item. As is 9-C, will become 8-D, because that is an action item. So, 9-13 and C will become 8-C and D, if you follow that. And, then, we will have a 9-A and A-2 and, then, so on. And Executive Session (1)(f), I don't think there is any changes to that. So, with that, Madam Mayor, I move adoption of the agenda. Zaremba: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of July 6, 2010 City Council Regular Meeting B. Approve Minutes of July 13, 2010 City Council Workshop Meeting Meridian City Council July 27, 2010 Page 3 of 53 C. Request to Enter into Negotiations & Agreement with TRS Range Services for Design of the Multi -Use Indoor Training Facility Design D. Approval of Utility License Agreement with Settlers Irrigation District for Water Line Crossings of the Lemp Canal and North Slough E. Sewer & Water Main Easement for Bridgetower Crossing Subdivision #15 F. Agreement for the Construction of the Bittercreek Lift Station and Pipelines Project with Bodiford Construction for a Not -To -Exceed Amount of $1,183,180.00 and Authorize a Change Order for the Addition of Additive Alternative #2 (Property Owner Services) for $22,065.00 G. Amendment No. 2 for the Eskel Porter Contract for the Hansen 8 Implementation: Request to Amend the Completion Date From the Original Completion Date of February 28, 2010 to September 30, 2010 and to Approve the Reallocation Funds Within the Original Agreement Dated October 28, 2009 H. Final Order Granting and Additional 18 -Month Time Extension for Approval: TE 10-016 Trilogy Subdivision by Conger Management Group Located 4325 W. Chinden Boulevard: Request for Approval of an Eighteen (18) Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat J. Resolution No. 10-733: A Resolution Vacating Three (3) 20'x 20' City of Meridian Water and Sewer Easements on Lots 1 and 2; Lot 2 and Lot 10, Block 2 Recorded with Gramercy Subdivision No. 1, Located in the Northeast % of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and Providing an Effective Date K. Resolution No. 10-734: A Resolution Vacating of a Portion of the Public Access/Utility Easements on Lots 4, 5, and 7 Block 1 of the Courtyards at Ten Mile Subdivision De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council July 27, 2010 Page 4 of 53 Hoaglun: Under the Consent Agenda we have a request to vacate 5-1 has been made. And also 5-J, resolution number 10-733 and 5-K is 10-734. And I would move adoption of the Consent Agenda and the Clerk to attest. Zaremba: Second. De Weerd: I have a motion and a second -- Holman: Madam Mayor? De Weerd: Yes. . So, that request resolution number Mayor to sign and Holman: I'm sorry. Councilman Hoaglun, you moved to adopt the Consent Agenda and we need to move to approve the Consent Agenda. Hoaglun: Yes. When I said that it crossed my mind. I move to approve the Consent Agenda, the Mayor to sign and the Clerk to attest. Thank you. Zaremba: Second agrees. De Weerd: Thank you. Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Community Items/Presentations A. Discussion Regarding Meridian Senior Center Lease at Kleiner Memorial Park De Weerd: Okay. Item 6 is our community presentations with a discussion regarding the Meridian Senior Center lease. Are you introducing this, Ted? Baird: Thank you, Madam Mayor. As Mayor and Council are aware, the legal department has been working with the representatives from the senior center on a long- term, no cost lease agreement -- or a dollar a year lease agreement for the ground upon which the senior center is to be built in the soon to be constructed Julian Kleiner Park. We have hammered out almost every issue, but there are two issues at which we are at impasse and tonight is the opportunity for the senior center to present their position on that, see if they can get the Council to see things their way and I think with that as sort of a background I will throw it over to Joe Borton, who is representing the senior center Meridian City Council July 27, 2010 Page 5 of 53 and he can introduce those two issues, as well as representatives from the senior center with us tonight. De Weerd: Okay. Thank you. Borton: Good evening. Thank you, Madam Mayor, Members of the Council. My name is Joe Borton, 4398 Redgrass Court in Meridian, Idaho. Ted gave a good recap of what's transpired. I know the Council is well aware of what's taken place with the senior center, Kleiner trust, and the city over the last several many months. I don't necessarily like the word impasse. I think we have -- what we have done is worked really well and collaboratively with the senior center, its advisory board, and the city's legal department to craft a lease which is extremely comprehensive and really has an eye towards resolving the issues that none of the members of the senior board today and none of you present here will have to deal with. But we are trying to address issues to make this a successful long-term relationship. That's the intent of the Kleiner Trust, it's the intent of the city, and clearly the intent of the senior center to make this facility successful for many generations. In that regard, what we have done is completed a lease agreement that you probably already have that outlines and addresses the rights and responsibilities of the parties for generations to come and I think it does so in a really thorough manner and I appreciate working with Ted on that. What's left to discuss brings us back to where we started was the city's desire, the trust's desire and the senior center's desire to have a facility be sustainable long term. One of the things that the advisory board has done for many months -- well, before I was even involved, is try to make sure that they can be financially viable long term, to run the proformas and make sure their numbers make sense from an operations perspective, understand their revenue streams, because one of the components, as you know, within this lease that should the senior center ever be unable to operate it for whatever reason that they forfeit the building and they take that responsibility towards the members extremely seriously and in that regard there is two provisions that we have discussed, the advisory board has requested be included, and we wanted to discuss with you here today, we think that might have been -- might be the best way to see if really there is an impasse. So, if I can hand these to the clerk. De Weerd: Uh-huh. Borton: Madam Mayor, Members of the Council, what you're being handed are two of the provisions that we have discussed back and forth. I will briefly introduce them and, then, introduce you to Brent Jones, who is president here. He's on the advisory board and has worked very hard in not only the background due diligence to support these types of requests, but also to help explain their reasoning. Briefly I'll speak as you read. 5.6. The language that's not in yellow is already included in the lease and we went through and discussed and went back and forth with that and the reasons why that should be included or not. The highlighted portion in the yellow of 5.6 is what the senior center has asked to include. And the issue, Madam Mayor and Members of the Council, is over the course of 50 years or perhaps a hundred years, the senior center is solely responsible for all capital facility replacements and repairs. Roofs. AC. Heating. Meridian City Council July 27, 2010 Page 6 of 53 Cooling. Et cetera. And while we are going to budget for reserve and repair, those reserve and repair requirements, things may happen where they may need to complete a capital improvement in short order and they might need to provide some short-term financing. Extremely common in every other commercial capacity. So, we discussed this at length and the senior center is well aware of the city's concern and the city's issue with perhaps taking a structure that has an encumbrance on it. We thought this to be a middle ground. Not an issue for this Council. In fact, this Council and Mayor will probably never have to decide. It's going to be a brand new building. But what we would like to preserve is the opportunity 20, 30, 40 years down the road for the senior center should such a circumstance arise, present that request to the, then, sitting Mayor and Council and if it's warranted those decision makers can act accordingly. So, I don't think it's -- it's not creating any actual right on the center. It merely affords them an opportunity at a later time. 6.13, the second item, which Brent Jones will discuss in a little more detail, goes also back to the due diligence that the senior center advisory board and its board of directors has been doing to insure the financial viability of its operation. It is abundantly clear to all that that's what everyone wants to have happen. We want the center there for many generations. The center, then, rightfully spent time looking at its own revenue sources past, trying to analyze how that might change in the future. They are very excited, as everyone is, with the expected growth in membership and growth in services this new location will provide and this new facility will provide. But what they are trying to do is capture in a very small limited sense what is very common in other commercial context, where a tenant will request for certain specific uses a limitation. So, what we tried to carve into this language is really as narrow as you can, so there is no restriction on any competing uses in the park, in the band shell, in any area other than the -- the dirt lot that was at one point going to be a library. If there were to be a structure built on that specific property, then, those are three fundamental financing components of the senior center's liability they'd like to maintain and, again, Brent will discuss more of the process of how they got here. That -- I don't think the city at this point clearly hasn't envisioned providing those services, probably very remote if ever on at least two of them. We have discussed at length the catering kitchen, might be more difficult language of the three to carve out and try and craft the senior center's unique use and how that might impact what the city may do in the future. I don't think that issue arises with the thrift shop use and the licensed bingo gaming, which, quite frankly, both are important parts of the revenue stream. So, with that, if it's okay, Madam Mayor, I'd introduce Brent Jones of the advisory board, to come forward, provide a little brief background of how we got to these final two provisions and, quite frankly, the resolution of these gets the least completed and is signed and they can move on and be excited about breaking ground. De Weerd: Very good. Borton: Any questions? Thank you. De Weerd: Thank you. Jones: Hello. Meridian City Council July 27, 2010 Page 7 of 53 De Weerd: Good evening. Jones: My name is Brent Jones. I reside at 3690 North Colbourne Way in Meridian. Might make a note. My father-in-law was born in Meridian downtown 90 years ago. Pretty awesome. I joined the senior center advisory board several years ago and my background is in assisted living. I work for the Cottages and I do all of the marketing for all nine communities that we have open, so I have some pretty good exposure to seniors. I am one and I work with them every day. And one of the things that I have really been focused on in this, from my perspective, is anticipation and that's not the seniors that are going to the center today, but the seniors that are going to be going tomorrow and I'm going to probably be one of those in maybe 15, 20 years or something like that, that I will be attending the senior center. My expectation is that the age group is going to drop significantly. You're going to see people in there a lot younger than they are now and the membership, because of the facility itself, is going to grow vastly. I think my generation and some people that are ahead of me, are looking at life a little bit differently and at retirement a little bit differently and that's one of the challenges of my job with the Cottage that is trying to figure out, okay, we are doing a great job of taking care of seniors today, but what are the seniors going to look like in the future? And my annotation is that activity is going to be critical and you're going to have to entertain -- for a lack of better words, you're going to have to entertain the next generation and I think the expectations are going to be very high and that's why one of the things we did is we looked at it and we said, all right, with that in mind what do we think needs to be in place and so what we are looking to do -- we are not looking to compete with anybody, we just want to protect this for the future and, like Joe said, it's going to be somebody else making decisions down the road, five, ten, 15, 20, 25, 50 years out there dealing with this. But such things as bingo, if you ever been around seniors and bingo, I'll tell you what, you better not get in the way, they will run you down. I have been kicked out of meeting rooms at the Cottage, just because it was time for bingo. You're out of here. So, something like that. We want to make sure that all kinds of activities, including bingo, are protected and there is not some facility that comes in next door that has the ability to detract from the senior center, because that -- anticipate that will be a high point going forward. I don't see that changes at all with coming generations. There might be other games in addition to that, there might be card games and some other things as well. The other thing that I think is really important is to protect the sanctity of the thrift shop. It's an important fundraiser for the senior center. It's a great way to give some people something to do during the day as well in staffing the thrift shop. I know a couple years ago when my mom passed away didn't know what to do with some of the things she had, so I donated it all to the senior center thinking that generation would be really happy to see some sweaters that I know were worth a lot, but what am I going to do with them? So, I think that's really important to protect that as well. And, then, probably the thing that I -- I really see changing and the biggest difference between the current center and the new one -- and all you have to do is look at it -- is the usage I think will go up significantly. You're going to see a lot of people wanting to use it for events. I can see weddings. I can see birthdays. I can see all kinds of things going on there and what a fantastic venue for that to take place, Meridian City Council July 27, 2010 Page 8 of 53 what a great location in the city and it's pretty unique. But in order to do that I think we really need to make sure that we are protecting the catering piece of that and make sure that the senior center is able to charge for the kitchen and charge for the venue itself and not be put out of business, if you will, by somebody else that might come in later with nobody's decision that's in this room right now. So, those are kind of the three areas that the advisory board has looked at and that we are really passionate about. That's the -- the activities, including the bingo, the thrift shop, and the catering piece of it for the venues, we want to make sure that's protected for people down the road when they are able to make those decisions. Do you have any questions at all for me? De Weerd: Council, any questions? Bird: Not at this time. De Weerd: Mr. Hoaglun. Hoaglun: Madam Mayor, I just want to find out on -- when we talk about a catering kitchen and you will have a facility with a kitchen that you can do catering, people can rent the facility if they have a wedding in the park, but when we talk about catering kitchen, maybe this is a question for Joe, because it's -- Jones: Yes. Hoaglun: -- looking at that legal definition. You don't envision if someone has an outdoor wedding in the park and they are getting married and they want to have someone cater that outside, come in, and they set up tables and chairs somewhere in the park, it's not a kitchen, it's not built -- Jones: It's my understanding that would not be impacted. That's not -- Hoaglun: Okay. I just want to be sure we were talking about two different things there, so --okay. Thank you. Jones: All right. Thank you very much. Appreciate it. De Weerd: Thank you. Were there any other comments? Duffy: Thank you, Madam Mayor and the Council. I'm Beverly Duffy and I'm the treasurer of the senior center and I live at 1821 South Hidden Lane, Boise, Idaho. So, I'm kind of sneaking in under the wire. I became involved this year. And I am a young senior and I am looking forward to the opportunities that I see ahead of us in this new facility, because there will be younger people being involved participating in things we can't imagine at this point, because we are not there yet. So, we want to make a place where people want to be a part of and that they will come and have new relationships and enter into all kinds of activities, learning the computer or playing with the computer, we have pool exercise -- big exercise classes and painting and all these things that are Meridian City Council July 27, 2010 Page 9 of 53 going on and so we also want the community to be a part of our senior center, because we don't want to be over here by ourselves and the community over here. Come and join us in this wonderful opportunity, because we are located is the new center of the Treasure Valley. So, we will pull from the entire Treasure Valley to this center and it will be a magnificent addition to what Meridian has to offer this area. Thank you. De Weerd: Thank you, Beverly. By the way, we agree with you. Any other comments? Joe, did you want anyone to comment on 5.6? Borton: Madam Mayor, Members of the Council, Joe Borton. I don't think we need anybody -- we will have anybody to come up to speak specifically to that. De Weerd: Okay. Borton: I just think we are -- with this discussion to get some guidance, so legal counsel on both sides can get that part wrapped up on those remaining issues. De Weerd: Okay. Mr. Bird. Bird: Joe -- De Weerd: And Mr. Bird? Mr. Bird, for the record, Mr. Rountree has joined the Council meeting and I apologize for interrupting you, Mr. Bird. Bird: That's no problem. Has these articles -- these -- both these articles been discussed with the trustees of the Kleiner -- with Eldon or Mike Huter or any of those guys, that you know of? Borton: Madam Mayor, Members of the Council, Councilman Bird, not directly by me. It's my understanding the specific language has not. The ideas behind them I believe have through legal counsel, through I believe Mrs. Graham from Parametrics may have been a part of those and Mrs. Hill, the director of the senior center. Bird: Okay. Baird: Madam Mayor, Members of the Council, I did attend a board meeting of the Kleiner Trust and we wanted to get their input on these issues, because, ultimately, they are the donor of both the land to the city with the anticipation of the city being the landlord and, of course, of the facility, the building to the senior center. And with regard to mortgaging the building, the Kleiner Trust's position was is that they are donating them a building that's free and clear and it was their expectation that it would remain free and clear in perpetuity. So, they gave very clear guidance to -- to the city on what their expectations are in that regard. With regard to the second item, it was their opinion voiced through Mike Huter, member of the board, that they are allowing the senior center to do anything that's permissible within their building, but they weren't interested in restricting the activities of others outside the walls of their building. So, Meridian City Council July 27, 2010 Page 10 of 53 that was the information that they gave to us. I think we could have further discussions with them on it, I bring that to their attention, at least to get their input, of the property and the donors. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. if -- if the city felt strongly about it ut we thought it was important to since they are the current owners Hoaglun: I just want to raise an issue, I'd like the input of Joe and Ted on this, and -- and that's looking down the road. I think the senior center, as has been mentioned, is going to be wildly successful. It's great for Meridian seniors, great for our community, and looking down the road there might even be a need to expand this facility and as I think about that, whether it's ten years, 20 years, whatever, how is that going to be done in -- from a financing method and is this something that we have to think about, because there is going to be other things down the road -- more than replacing a roof, maybe it's expanding, I mean is that going to be up to the city? Is that going to be up to the senior center? How do they go about doing that? Is it all cash? You know, are we -- are putting a mechanism in place in this lease or are we going to have to go back to fix things later on if we reach that point? So, just -- since this is the discussion, I'd like to hear your thoughts on that. Borton: Madam Mayor, Members of the Council, Councilman Hoaglun, I think that's a great question. I think we have addressed the vast majority of those issues within this lease. For better or for worse it describes the specific footprint that the senior center has, so expansions beyond that, were they to add a room or space, would require coming back to the city, quite frankly, and leasing additional dirt, regardless of how they could, then, finance that. As it presently sits the senior center would, then, have to come out of pocket all cash to do that. That maybe one circumstance -- that's a good example, quite frankly, of the circumstance in 20, 30 years where they might want to come back and say we want to revisit and finance this addition and here is why and allow that Council under those specific circumstances to give it a yea or nay. I don't think anyone in this room could answer that. It's hard. Ted and I have -- you know, we can run circles trying to come up with scenarios where that might exist, but what we are trying to capture, again, with this provision is just to afford them the future opportunity to come address it. I don't think you can account for it in this lease -- for a lease of that duration with any specificity. Hoaglun: Okay. Baird: Madam Mayor, Members of the Council, Council Member Hoaglun, that's been my experience through my work with the city of Boise, with the facilities that are in Julia Davis Park. The art museum, historical society, those all started out as smaller structures than what you see today and every time that they were going to embark on a major expansion they'd come back to rewrite the lease and it would usually include an extension of the terms of the lease to allow them to recapture their additional Meridian City Council July 27, 2010 Page 11 of 53 investment. For example, in those leases they have that same restriction that they -- the building is not to be encumbered with mortgages. From a legal perspective the city isn't allowed to mortgage its property and because we are the ultimate owner or the reverter -- the property would come back to the city if it was ever abandoned by the senior center, that was another reason why your legal counsel was advising against the mortgage provision. That isn't to prevent future councils from changing the position if the law changes, but the whole approach from our perspective is you can't anticipate what's going to happen in the future, so leave open the opportunity to renegotiate and rewrite the lease down the road. Borton: I apologize, Madam Mayor. To dove tail on that. One of the areas that comes up in other commercial leases that we are seeing a lot of today and is implicated by the financing issue today, is an end user who needs a short term financing or line of credit and oftentimes lenders -- I know in this market and it will probably happen again -- require security in that only the cash and receivables, but your firstborn and your structure, quite frankly. So, you could have a scenario with the senior center with cash reserves of 300,000 dollars and needing a line of credit of 30,000 dollars and the lender very well might require security in the real property -- in the structure. Not the dirt itself. Merely because that's the burdensome financing tool, when, in fact, they are adequately secured in the cash reserves. Those unique scenarios which may come up are what we are just trying to preserve the right to address this Council. Without this Council or a future Council having any obligation -- correct me if I'm wrong, Ted, but there is no obligation at all upon any Council or Mayor to do anything and allow any encumbrance by what we are requesting here. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: My question is directed as a -- under these scenarios and way down in the future, what is easier to administer legally? I personally don't have a problem adding a phrase that would say if a future Council had to be consulted with a further explanation that the Kleiner Trust is not in favor of that, that makes that decision more difficult for me. But the mechanics of -- let's say it's 30 years from now and there is an expansion or some other thing that the senior center needs to do, is it -- would it be easier, then, to have this phrase in here that says they have to bring it to City Council or the alternate that hearing from our legal counsel is that the whole lease has to be renegotiated. Is that really preferable? Baird: Members of the Council, Madam Mayor, Council Member Zaremba, the proposal as drafted certainly makes it easier, you don't have to rewrite the whole lease, you could just pass a motion or resolution that says pursuant to that term of the lease we are approving whatever it is the future proposal happens to be. If you leave this out it does require a lease addendum. Either one is an action of the Council, so it's really at your discretion on how to direct us to draft it. But it's informal. It would make it an informal Meridian City Council July 27, 2010 Page 12 of 53 process as proposed in 5.6 and maybe even Mr. Borton has some opinions on that as well. Borton: Madam Mayor, Members of the Council -- thank you, Ted. I think it's -- I think it's a greater provision -- preferred provision now. I think it still requires the formality of coming back. It's an open formal action of a future Council to approve whatever it is and that future request would need to be specified and approved by that -- those elected officials at that time. So, it's informal only in the sense that what we don't want to have happen is exclude that and, then, have a request to come back and reopen the lease. We are knee deep in those on many instances and those bog down on -- on a myriad of issues and, quite frankly, strain relationships and create problems where they are not needed. When you have got an easier provision before you, which just says, hey, you can't do anything, period -- you want to do anything, you come and get our approval first. Until we all say -- give it the thumbs up, can't do diddly. Inartful way I was trying to describe that one sentence and I could make that sentence a paragraph and we could probably make it a page, but we trying to -- De Weerd: I thought it was vice -versa. He doesn't get paid by the word. Bird: Yeah. He don't get paid by the word. You do. Borton: Fair enough. I think, quite frankly, Madam Mayor, Members of the Council, think if there is an issue in this -- in both of these provisions that we would ask, unless you're fine with them all, I think we'd ask your approval and direction to legal staff to incorporate this language into a final lease, which still needs to come back to Council for approval, with the caveat that perhaps we spend some specific time in trying to carve out and articulate the key components better. Maybe give Council a little better flavor of that might be a bigger use and more unique use that we can create some language which gives the Council and Mayor some better comfortable level. With regard to the other components, they are relatively simpler to define, the language is much easier. So, if that's one area that we are comfortable going back, incorporating that, some new language into a lease and bringing that back as a whole. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I was separating the two issues and so I will make a comment on this issue now that we are there. Again, the deference to the Kleiner Trust not wanting to have any encumbrance on the other properties, I can understand that. If it were okay to put in this kind of a limiting -- it would be fine with me if there were no other thrift shop in the park and no other licensed bingo or gaming in the park, but among the things that have been discussed for the -- for the property that formally had a library on it, have been a community center or other things -- now, that may not be where it's going to go, but it just seems to me to preclude having a facility there that might have a catering kitchen is premature to me. I don't have any struggle with the thrift shop or the bingo, but I don't Meridian City Council July 27, 2010 Page 13 of 53 think we can limit neighboring building to not having a -- I don't know what the thought of the rest of the Council is, maybe you don't want to put any of these limits in, but my opinion would be that I would not support limiting the catering kitchen. De Weerd: Any other comments from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That last item, the thrift shop, licensed bingo gaming and the catering kitchen, would eliminate without prior approval of the tenant. I can't believe that anybody within the city would want to put a community center one quarter of mile from our impact area. That would be like us taking the City Hall and putting it on Eagle Road. Hoaglun: Madam Mayor, I have a question for Joe. I want to talk about the very last sentence, talking about parks and communicate with each other on effort to minimize conflicts with events taking place in the adjacent public park. I had a thought here that related to gaming services. Let's say they had a concert in the park and I'm going to go two directions on this. One is a concert in that park and let's say that the senior center has also a music event scheduled. Is that considered a conflict? Borton: Madam Mayor, Members of the Council, Councilman Hoaglun, no, not a legal conflict. It would -- neither use would be precluded. I think, really, what we are trying to do is craft language which just -- let's just continue the cooperative relationship and make sure these two groups are always talking and at a park, you got a concert coming out, an event -- Hoaglun: I understand that. Now, what if that concert in the park is sponsored by the Idaho Lottery and they are giving away lottery tickets? Now, that's a gaming service, do you see conflict there? And I'm really parsing this, but that's what lawyers do and I'm not a lawyer, but -- I haven't even played one on TV, but, you know, you try to think about these things and say, okay, let's see what we can -- make sure we have this hammered out and avoid future -- future issues, so -- Borton: Madam Mayor, Members of the Council, Councilman Hoaglun, it's not a conflict. It's not a conflict in the legal sense and it's not a conflict in the spirit of the agreement, quite frankly. I don't think there is any issue at all that arises until there is a structure next door and that structure gets a gaming license and provides bingo and gaming services for profit, quite frankly. And when I make reference to the spirit of the agreement, the only reason that this issue comes up is because that's a unique specific revenue source that the senior center is trying to preserve. Lottery tickets, things in the park of that nature, that's not a service that competes directly with the senior center, so it's not a legal conflict for sure and nor is it one in spirit. Meridian City Council July 27, 2010 Page 14 of 53 Hoaglun: So, you won't be coming forward anytime soon, Madam Mayor, Joe, to represent a tribe to put in a gaming center next door and tell the city we have a new source of revenue; is that right? Borton: Absolutely not. Hoaglun: Good. Thank you. Borton: Definitely not. That's a good question. De Weerd: Mr. Rountree. Rountree: Madam Mayor, I apologize for having to tend to Valley Regional Transit business and missed part of this. But I haven't had an opportunity to read these particular clauses for the lease. I would have a question on clause 5.6 and not necessarily a question, but I think somewhere in the preamble or in the definitions that landlord be defined and be very specific who the landlord is. In the second paragraph have a problem on the fifth line where it talks about landlord's property adjacent to and, then, the bringing of communicating on adjacent public park in the last sentence. So, to me one could stretch that adjacent in the first regard as adjacent public park in the last regard and I don't think that's the intent. I think that needs to be cleared up and defined and I would suggest that if, in fact, this is what you want to do and that's the language you want to put, that it reads something to the effect that -- and this would be on the fifth line -- which would compete with the following three fundraising activities of the senior center, thrift shop, licensed bingo, or -- and/or catering kitchen. Period. Those would be my suggestions and at least for the next generation that may have to deal with this, the more specificity we have here, even though I know that you lawyers like to work in generalities, so you can make the law later on, that would help me, Joe, and I think you can do that. Borton: I think, Madam Mayor, Members of the Council, Councilman Rountree, I think you hit one issue right on head. The definition of adjacent -- and perhaps we even put a footprint exhibit that shows on -- in this little pocket of dirt is where those restrictions apply. Because we all know what we mean is that area where a building could be built. Nowhere else. Just to make sure we are crystal clear right now that those lines are drawn. I think we can do that. De Weerd: Well, Council, I think the clarification of these three different fundraising activities has answered some of the concern, maybe, with park uses versus what possibly could go next door and I am -- I'm comfortable with it. I think the trust is looking in terms of -- I know the goal is not limiting what might be possible in the park and, you know, if you want to think pie in the sky, because of the central location of this park, let's say Center Cal came in and said we would donate towards a performing arts center to go on that pad, that would be a windfall for this community and west Ada County not always having to go into Boise for that kind of venue. Could they work with the senior center and the catering type of thing or if they had concessions would that conflict. I Meridian City Council July 27, 2010 Page 15 of 53 think the definition as Councilman Hoaglun suggested, is going to be important to -- to some of those considerations. I guess what this Council doesn't want to do is limit a future Council with the possibilities in the spirit of Mr. Kleiner's desire to encourage more of that memorial giving and you never know what might -- what might be generated or even with this kind of a generous gift what others might step up to. So, again, some of the definitions would be -- would be important. On the 5.6, 1 think that if there is the strong feeling from the trust that this not be included, we need to have a conversation with the trust if this is to be considered. I agree the prior approval of the landlord does give any future councils the ability to consider or not, but if there is some concern from the trust, I think we owe them the discussion to -- to whether to consider this or not. So, just my two cents. And with inflation it might be even five. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm still not convinced that a catering kitchen should be excluded from the neighboring property. Would I have permission to put our parks and recreation director on the spot and ask his opinion? De Weerd: Sure. You can ask anything you want. Mr. Siddoway. Siddoway: Thank you, Madam Mayor, Members of the Council, Councilman Zaremba. Regarding the catering kitchen, I'm trying to think of what uses might go in there with a catering kitchen short of an event type center. I agree that it's in the best interest of the city to have a successful senior center and I understand that their business model is based on their ability to, you know, rent out their facility for events, including their catering -- including their catering kitchen. I don't have a strong negative reaction to that. I did have a strong reaction to previous language that included restriction on any reservations for events of any kind and that posed a problem for me. If there were general agreement that these three specific services could be restricted in light of our previous conversation with the trust, I would think that Ted and/or I take it back to them and discuss that, because they were also reacting to the previous language that included a restriction on events when we discussed it. This -- this language is much more focused, much more narrow, and I certainly have no problem with the thrift shop restriction, the licensed bingo or gaming services restriction and the catering kitchen, as long as it does not preclude concessions, as long as it does not preclude someone having a birthday party and bringing, you know, catered food to it, I wouldn't have a problem with the actual physical kitchen restriction, so -- De Weerd: Thank you. Siddoway: Thanks. Bird: Madam Mayor? Meridian City Council July 27, 2010 Page 16 of 53 De Weerd: Mr. Bird. Bird: My suggestion -- and I agree with what's been said, that I think we need to have Ted and their representative Mr. Borton meet with the -- with the trust and go over these two changed languages and get it worked out. I think that's only proper seeing how it's -- we are spending his money -- their money. I think that would be only be right and they can bring it back to us in some kind of form. De Weerd: And I guess, Mr. Baird, I think that if it's -- if this Council is comfortable with the highlighted piece in 5.6 without the prior approval of the landlord, knowing that it would give the city that ability and not limit future Councils, perhaps that conversation could shed some light if there is a comfort with the Council on that. I guess I don't have a sense quite yet as to what the thoughts are, other than wanting to adhere to the trust's point of view on that one. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If the trust agreed, I could certainly be comfortable with it, but I agree with Councilman Rountree that landlord needs to be defined. Baird: And, Madam Mayor, Members of the Council, landlord is defined as the City of Meridian. Your lease is drafted that it doesn't take effect until the property is donated to the city and the senior center is occupied by the seniors. So, it sort of springs into being. We sign it now, it has a signing date of whenever we execute it. We'd like to get it executed, obviously, before they break ground, so we will know what the terms are going to be when it's completed. But, yeah, we are the landlord. I want to thank everybody for giving some direction. You have given us some ideas to hone some of the language. We are going back to the trust with a more focused request, so I think that's a great way to proceed. Appreciate the direction. Hoaglun: And I think just to comment, Madam Mayor -- and I'm good with that 5.6, let's check with the trust. It's something I can live with if they can live with it. And I really think the senior center -- it's going to take off and there won't be any building next to it for some time. I mean you look at the economy and the way things are, the senior center is going to be well established, they are going to have a market, they are going to -- they are going to do very well. I'm just optimistic about that and I wish them well. So, whatever we can agree on that, but I think down the road this might be something we don't have to worry about, because they will have establish themselves, whatever comes along five, ten, 15 years down the road, they are moving forward and they are going to have a name for themselves and it's the place to be, so I think that's a good thing. De Weerd: Thank you to this senior center. I think you have come a long way and we appreciate your tenacity and sticking with it and finding language that is -- is considerate Meridian City Council July 27, 2010 Page 17 of 53 of both your needs and those of the city and you can see that in what you have brought here tonight. So, thank you so much and thank you, Joe. We will look forward to hearing from Mr. Baird what you all bring back. Okay. Thank you. Item 7: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items A. FP 10-004 Spurwing Greens by Lion Land, LLC Located Approximately 1/4 Mile North of Chinden Boulevard, West of Spurwing Subdivision: Request for Final Plat Approval for Two (2) Residential Building Lots and Two (2) Common Lots on Approximately 2.13 Acres in an R-2 Zoning District De Weerd: So, we will move to Item 8-A and -- on FP 10-004 and ask for staff comments at this time. Friedman: Thank you, Madam Mayor, Members of the Council. This is a final plat application for two buildings lots on approximately 2.3 acres of land. While it's called Spurwing Green, the property is actually located within what was known as the Jayker Subdivision. We were with you recently with a development agreement amendment for the Tree Farm to allow the development of an amenity which would be a tennis facility that spans both Spurwing and the Tree Farm for the Jayker Subdivision. At that time the Council did approve the development agreement amendment. The applicants have proceeded with beginning the construction of that with the conditions of the property development was -- the platting had to begin within two years, so this is a follow up to that and primarily it's to create the common lots for the tennis court and two residential lots, so that we can actually facilitate the public road access to -- to the tennis court facility. Staff has reviewed it and found that it substantially complies with the conditions of preliminary plat approval, albeit it's a fairly small division, this will be followed along in the near future with a bunch of larger ones. We have a staff report with our recommended conditions of approval, however, it was brought to my attention this evening that some new information has come to light since the staff report was transmitted to both Council and the applicant and it has to do with some Public Works issues. So, I'm going to turn it over to Warren Stewart at this point to articulate what that concern is. It doesn't change our recommendation as far as the approval goes, but it may have the result of a recommended additional condition. Stewart: Madam Mayor, Members of the Council, although Public Works doesn't have any concerns with the overall development or the utilities services that are going to be extended, our one concern that we do have that we think you may want to consider is the fact that the existing Jayker Subdivision, which will provide the sewer service to this facility, has some significant warranty issues in that sewer system. So, one of the things that we think might be prudent and would propose that you might consider is Meridian City Council July 27, 2010 Page 18 of 53 some sort of an additional condition that would preclude the actual physical connection of the service of the bathrooms or home until those warranty issues are corrected. Feel like it might -- you know, it would be not advisable for me to recommend to you that we continue to add additional services and effluent to that system until it's fixed, so just wanted to make sure that you knew that and you had that for your consideration. Friedman: Madam Mayor, Council Members, while this isn't a public hearing, it is a public meeting. The applicant is here and this regrettably is the first time he has heard this information, so it might be -- if it's the Council's pleasure, to entertain his comments before you make a decision on this. De Weerd: That certainly was my intent. Blackstead: Thank you. Madam Mayor, Members of the Council, my name is Rod Blackstead, I'm a representative of Spurwing Greens, LLC. My address is 11060 West Executive, Boise, Idaho. Yes, we -- we were asked to bring you a plat for this common area to make sure we have a public road to it. You give us 24 months to do that and we have kind of moved that schedule up. I think that was just three months ago you asked us to do that, so we are kind of moving forward quickly involving us in this project and trying to revitalize it. We agree with the staffs report, but as they pointed out, this sewer issue that was brought tonight is kind of gotten blindsided. We weren't prepared for that, but it does kind of open the door to a couple questions that may ask and I don't -- again, I don't know if it's the right time to discuss this or not, but we got involved in this project almost a year ago and we have not been notified of any sewer issues on this formally. We are just kind of feeling different things about it. The warranty, as far as we could see, expired on February 17th. Without any notification to the owners, the developers, past owners of this project, past developer, it somehow has recently within the last week or two denied building permits. Kind of a tough time to be denying building permits. We have got builders finally lined up to start building in this project and it kind of blind sided us to -- we got -- received one building permit, went in for others, and couldn't -- got stopped. So, I guess I ask you tonight for a couple of things. One is I'd like to ask you to approve this final plat as is. I'd like to also ask you, if it's appropriate tonight, to ask you to grant building permits for all lots in this project and if you need some leverage, if you will, maybe perhaps tie occupancy permits, you know, maybe restrict those until the sewer issue is resolved. But I'd really like to ask you tonight to lift this ban on building permits, so we can start moving forward. It takes, you know, 60, 90 days to complete a home and that should give everyone time to have meetings and try to clear up this -- this issue that has come before us. And I guess the other direction I'd like to have is what process do I need to take to -- to get the right parties together to resolve this warranty issue. De Weerd: Thank you, Rod. And those -- those wheels are in motion. The Public Works director has called Mr. Turnbull and, hopefully, a meeting will commence in the next day or two, so that all parties can be at the table and discuss that. Meridian City Council July 27, 2010 Page 19 of 53 Blackstead: Okay. Good. And do you have some thoughts on the granting building permits now, without perhaps giving us an occupancy permit until this is resolved? De Weerd: I believe that he is having that conversation, too. As I understand it, those are Parade of Homes -- Blackstead: Fall Collection. De Weerd: Fall Collection homes and I think staff discussed that, so he did try and get ahold of them. They had already left for the day and so should be touching base with them in the morning. Blackstead: Thank you. Hoaglun: And, Madam Mayor, that was a question I wanted to ask Warren. When I was listening to him I think he used the words no physical connection. Can you clarify that, Warren? Stewart: Yeah. This is kind of what's going on. There have been some discussions take place and we are exploring various different avenues that we could utilize to move forward with this and you're correct, Madam Mayor, there have been some discussions, we have had discussion in the Public Works Department about some various different scenarios. What we need to do is solidify which one of those scenarios seems to make the most sense for moving forward. Physical connection would be -- you know, we discussed one of the options, perhaps, would be to allow building permits, but would not allow the actual sewer service to be connected to the main line until the deficiencies were corrected. That's just an option. There are other issues with regards to bonding and other things that could be done that would allow this process to move forward and we are exploring those various avenues. So, that's the discussions that are taking place and, hopefully, we can find a solution that's agreeable with everybody. The thing that is concerning to us is we have a situation out there where there are warranty issues with the existing sewer service. We are trying to get those warranty issues address and corrected and we are trying to do that before we exaggerate that problem by adding additional services to that sewer line. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Is it a good suggestion to tie that completion to the occupancy permit, instead of building permit? Stewart: There are challenges to that and there are other avenues that we can take that might be better. For instance, you know, if we were able to get some sort of a warranty bond or a surety to cover the cost of that construction and go ahead and allow the building permits to move forward and the occupancies to move forward, you know, Meridian City Council July 27, 2010 Page 20 of 53 we are asking for some information with regards to schedule and cost and so forth to be provided to the city, we can look at that. The challenge that we see from the Public Works side is it's a little -- if you wait until the occupancy permit to limit that, then, you perhaps have a homeowner standing out there in the driveway wanting to move into a home and you're denying them the opportunity to move into their new home, as opposed denying a building permit to get started. It's a matter of preference, which is more difficult and more challenging. De Weerd: I guess I have a question as to what is the time frame for approval that you need on this final plat? Is it tonight is there some urgency? Can you wait two weeks? Blackstead: The final plat I think is a completely separate issue as far as I'm concerned. They are not tied together. In fact, the sewer and sewer service for these two building lots was installed with phase one. So, as far as the plat goes, if you want to approve it tonight, great, but the work's already been done on that. De Weerd: Okay. Council, the Public Works Department has not sat down with the developer on this and, you know, I just think it's very inappropriate to tie something to this that hasn't even been discussed in detail and in finding a way to move forward. So, certainly this is your decision, but I see it as two separate issues as well. But I know -- and, I'm sorry, Warren, I hate to contradict staff on the public record, so I apologize. Bird: Madam Mayor? I also don't want to contradict staff, but it is, you have got the -- we got the final plat, which looks like it's all okay according to our staff and everything. We still hold the hammer with building permits. As far as the sewer thing, it's not in issuing them their -- so, I think it is, too. I think -- I think that -- I would have no problem voting on the final plat tonight, getting that out of the way, because I don't think it and the sewer warranty and stuff like that has a lot -- is tied together myself. Stewart: Madam Mayor, Members of the Council, we -- our -- my comments were not directed for you not to approve the plat, just perhaps maybe add a condition to the plat that would preclude, for instance, the sewer -- that there is bathrooms associated with the tennis courts. Our concern would be whether or not those were hooked up and utilized prior to the usage -- or prior to the sewer being corrected. So, I just wanted to make you aware of it. It's your decision. I just wanted to make sure you understood the issue. Blackstead: Madam Mayor, Members of the Council, for the record there is no bathroom that will be hooked up to the sewer system for the tennis facility. Stewart: I apologize. It's shown on the -- in the drawing. It's a future stub that goes to that facility, so -- Friedman: Madam Mayor, if I can just interject one thing about that bathroom. It's kind of a source of ongoing discussion, because the bathroom is actually located in unincorporated Ada County and in order to obtain city sewer services it's Council's Meridian City Council July 27, 2010 Page 21 of 53 policy that you would have to annex and so that's another conversation that I think will be occurring in the future. So, as indicated, that bathroom is not going to be hooked to the city sewer at this time. De Weerd: Okay. Blackstead: Madam Mayor, may I comment on that? The bathroom facility is -- as he stated is in Ada County. It's on a septic system, it's -- it's a live system, it's working, there is no rush to try to hook the city sewer on that. De Weerd: Okay. Any questions from Council? Rountree: I have none. Bird: I have none. Blackstead: Thank you. De Weerd: Thank you. Okay. Council, this is an item -- Rountree: Madam Mayor? De Weerd: Further questions? Yes, Mr. Rountree. Rountree: If there is no further discussion, I would move that we approve the final plat for Spurwing Greens Subdivision, FP 10-004. Bird: Second. De Weerd: I have a motion and a second -- Zaremba: Madam Mayor, discussion? De Weerd: Yes. Zaremba: Does that or does that not release the building permits? Is that a separate issue? Rountree: That's a separate issue. Zaremba: Okay. Thank you. De Weerd: Okay. Any further discussion? Madam Clerk, will you call roll? Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council July 27, 2010 Page 22 of 53 De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. B. FP 10-005 Zebulon Heights Subdivision No. 3 by The Traditions by Amyx 11, LLP Located South of East McMillan Road and West of North Eagle Road: Request for Final Plat Approval of Eighteen (18) Single -Family Residential Building Lots, Four (4) Common Lots and One (1) Ada County Highway District (ACHD) Storm Drainage Lot on 8.06 Acres in an R-4 Zoning District De Weerd: Okay. Item 8-B, FP 10-005. 1 will ask for staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. This is a final plat for Zebulon Heights Subdivision No. 3. The final plat consisting of 18 building lots, four common area lots and an ACHD storm drainage lot on eight acres in an R-4 zoning district. The subject site is located on the south side of McMillan Road and west of North -- West of Eagle Road. It's also just east of Settlers Bridge Subdivision. This is the second final plat proposed for division number two of Zebulon Heights. We have reviewed the proposed final plat for consistency with the approved preliminary plat and found it in substantial conformance as to the number of building lots, as well as the amount of open space that is proposed. The applicant actually has until September 27th of this year to obtain the engineer's signature on the final plat. They have read the staff report and the conditions of agreement, there is conditions of approval, and are in agreement. We did get a written communication late today to that effect. So, with that would be happy to answer any questions. Staff does recommend approval. De Weerd: Any questions for staff? Rountree: I have none. De Weerd: Does the applicant or representative want any comment? Do I have a motion? Rountree: Madam Mayor, I move that we approve the final plat for Zebulon Heights Subdivision FP 10-005, subject to staff comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-B. Any discussion? Seeing none, Madam Clerk, will you call roll? Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council July 27, 2010 Page 23 of 53 MOTION CARRIED: ALL AYES. Item 9: Department Reports B. Finance Department Report: Adoption of the FY2010 Amended Budget in the Amount of $65,894,051.00 C. Finance Department Report: Adoption of the FY2011 Tentative Budget in the Amount of $68,263,267.00 De Weerd: Item 9-13 was moved as 8-C and so I will ask for the Finance Department report at this time. Lavoie: Good evening, Madam Mayor, Members of the Council. Tonight you should have received an interoffice memo from the Finance Department regarding the tentative fiscal year 2011 budget and the amended fiscal year 2010 budget. Tonight's action is we just need to make a formal statement that the amounts that are on the interoffice memo are read by one of you and for the next four weeks we will put this in a public notice and, then, on August 24th we will have our official public hearing for the public to come forward to you with any questions. So, at this time I would hand it over to you. Just need someone to read the interoffice memo for the fiscal year 2011 tentative budget and the fiscal year 2010 amended budget. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The amended budget -- tentative -- Council -- no, this is 2011. I'm in the wrong one. Sorry. Go ahead. Somebody got it, go ahead. Rountree: Let the Council President do that. I think that's an honor he is bestowed. Bird: Yeah. That's right. Zaremba: Okay. I move that we approve -- or tentatively approve the proposed revenues and expenditures for fiscal year 2011 in the amount of 68,263,267 dollars. And the -- number two -- two separate actions. Lavoie: Excuse me, Madam Mayor. Do we have to do them separate? Rountree: I would. I will second that motion. De Weerd: Okay. I have a motion and second. Any discussion? Madam Clerk, will you call roll? Meridian City Council July 27, 2010 Page 24 of 53 Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move we approve the amended revenues and expenditures for fiscal year 2010 in the amount of 65,894,051 dollars. Hoaglun: Second. De Weerd: Okay. I have a motion and a second. Any discussion on this item? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. A. Parks and Police Department's Joint Report: Dog Park Discussion (Amended onto Agenda as Item A2) Discussion by Parks Department Regarding Movie Night De Weerd: That moves us to Item 9-A. 9-A-1. And I will turn this over to the chief and Mr. Siddoway. Lavey: Madam Mayor and Council. Parks Director Steve Siddoway and myself would like to take this opportunity to give you a status update and request some feedback on our current dog park. Over the past several months or at least several weeks we have received numerous e-mail requests to examine possibly opening the dog park for extended hours, at least through the summer months and, then, go back to a modified schedule for the winter hours and I told the parks director that it was worth considering and discuss it with my staff and his staff and myself have also met to discuss several different options, but I did mention to him that I would seek Mayor and Council comments before we did any such changes to that and one of the things that we'd like to point out is that there is definitely a need for another site, but we are doing our best to meet the needs of the -- of the users with the current site. And with that I will turn it over to Steve for a few comments and -- that's not our stuff there. That's coming up. I don't Meridian City Council July 27, 2010 Page 25 of 53 want to talk about waste management. And so I'll turn it over to Steve to discuss what we have done and some additional options. Siddoway: Thank you, Jeff, Madam Mayor, Members of the Council. You will recall that last fall going into winter, due to impact on the site, we made a decision to institute new hours. Instead of being open seven days a week, it's been open since last fall as -- four days a week, Friday through Monday, and, then, it's closed currently in the middle of the week Tuesday, Wednesday, Thursday. Mr. Brian Draper sits on the dog park task force and has been in inquiry with Jeff and I. You knew, when we posted the -- a sign out there in the spring it said that, you know, going into the summer we were going to keep the days the same, but as the summer moved forward that we would reevaluate based on turf conditions and the police department's needs. So, we met on site yesterday with police, with park staff, and looked at what's out there. What we found that the site is doing better than it was in the winter. There are still a couple of sand areas that are not going to regrow turf. A lot of the grass that's out there is somewhat sparse, but a lot of that's due to the poor soil conditions on the site. It may be resilient enough to handle some additional wear, but in all honesty we won't know unless we -- we try it. Talking with park superintendent Elroy Huff and Mike Barton, they have somewhat of a difference of opinion. Elroy would prefer to see the current schedule maintained. The turf out there he's not convinced can handle a lot of additional wear. Mike thinks we ought to try and monitor it and see where that -- that goes. The reality is that it may cause additional wear and -- but we don't know. We know that there is some tough soil conditions out there that don't allow a lot of good drainage, but -- and the drainage -- and the drainage problems and the lack of soil really are our major issues out there in terms of maintenance. Our options -- I see at least three options to throw out to you for consideration. One, we keep the status quo, we make it four days a week and it's year around and maybe we offered the dog park task force to -- if there is another four days that work better, maybe we can -- could offer that up. Option two, we could try and add some additional days. My concern about doing that, even more than the park, is whether that would work for the police department and I'll let Jeff speak to that, but it's my understanding that they could accommodate additional days with their training schedule, as long as they had some time still reserved. Excuse me. So, we could -- we could try having an additional day or two and monitor the amount of additional wear and use of that and, then, close it again going into winter and see what happens this next couple of months and use that in making a decision what our summer hours will be next year. I think that might be a good recommendation. The other option is to open it seven days a week with possibly closing Tuesdays after 5:00 p.m. or -- is what we talked about for a train evening for the police department. We'd have to accept in that case there almost certainly will be additional wear and tear on the facility there, but it would be in the interest of trying to meet the public demand that we see. So, those are the three options I see. Status quo. One or two additional days, but close it back for -- in October to the winter hours and, number three, open it seven days a week, with an evening closing. And with that I will give some closing remarks back to Jeff. Lavey: Thanks, Steve. Basically, the goal is to eventually close the K-9 facility to the public. But the goal is not to do that until another option is available to them. So, we Meridian City Council July 27, 2010 Page 26 of 53 are trying to be good stewards and try to accommodate it as best as we can. One of the things that the police department is -- there is a rule in place that we can actually close it without notice anytime we need to use the facility and we did that a few times in the very very beginning and it upset a lot of people, because they'd show up and, then, all of a sudden it would be closed. So, we would defer back to that, is if we did open it for additional hours. We do have that option in place. It's always been in place and we post it and close it if the need became available. But, generally, the need becomes greater in the evening and the park already closes at sunset, although the summertime that could be as late as 10:00 o'clock at night. But our officers are generally using that facility when it's after -- after dark. So, the only time it would really become an issue is if we were to put on a police academy, dog academy, or if we were doing some sort of certification training or maybe some sort of police trial and, generally, we would have advanced notice of that and we'd do everything that we could to post that in advance, so people would know that on this particular day and this particular time the facility would be closed. So, I do believe that we can accommodate greater hours. I, too, believe that it's going to take a greater wear and tear on the -- the grass. There was a lot of standing water out there when we were out there. But the other thing is is that the current proposal is to extend the hours only through October 1 st, which is generally 60 days and, then, to divert back to a -- a more limited schedule when the wintertime comes and with that said -- there was another option that was offered that I jumped on right away and that was to close the facility altogether and that would definitely take care of the grounds, but I realize that that's very unpopular and I'm just saying that in jest. But that did come from the Parks Department, not from the Police Department, for the record. So, basically, what we are here today is to just seek some comments and feedback, some direction, see what Council has in mind and, then, hopefully, incorporate that into whatever we do. De Weerd: Thank you, chief. Lavey: So, with that I think we have time for any questions. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I appreciate the option to post ahead of time times that you might have to close it at random. The one other issue that I remember helped prompt the closing was that the crew, which I believe was a contract crew that does the mowing, found it difficult to mow when there were actually dogs and people in there. And my instinct is to say even if we open it to a couple more days, there needs to be one day and if it works for the police department that they would like to train on Tuesday evenings, I would say make it Tuesday that it's closed all day and that gives the mowing people the opportunity to be in there free and clear and, then, the police to use it for training that evening and that's a known schedule ahead of time and, then, the police would have the option to post -- pre -post that next week it's going to be closed on these days. That sounds pretty good to me. And, then, go back to the winter schedule in October. Meridian City Council July 27, 2010 Page 27 of 53 Lavey: Madam Mayor, Mr. Zaremba, that's probably exactly why -- I was wondering why the mowers were not mowing on Fridays like they were and they were now mowing on Wednesdays and that probably is why they are doing that. We would have to see if they could accommodate maybe the -- the Tuesday of something like that. One of the things that we'd like to do is if we are going to open it up for longer hours, it has to be consecutive, so we can't be closed one day, and open one day, closed one day. It doesn't make sense for us and it doesn't make sense for our users. So, we'd have to work with the grounds crew on that, but I'm sure that that can be accommodated. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question for Steve. Your experts looking at the grass and different things and I agree, seven days -- we know what's going to happen. It would become a mud bog and going into the winter it would be a mess, but I'm trying to weigh the -- currently open four days, Friday, Saturday, Sunday, Monday. If we open it Tuesday and leave it Wednesday, Thursday, for mowing, recovery, training, but -- or do we open it six days with one day off, and probably Thursday, be closer to the mower's schedule. But what are your thoughts? I know your staff is divided on this, but a one day -- add one day, as opposed to adding two days, does it -- does it help the facility or it doesn't matter? Siddoway: I think my recommendation would be that we go -- try the six days. Leave Tuesday closed all day. Let that be our maintenance day, their training day. We are only talking two months. So, we can see what -- what happens with that six day a week schedule over the next two months and, then, we can use that going into our next year summer schedule to know how it responded to that two months of use. Hoaglun: Thank you. Question for chief, Madam Mayor, if I might. Will your mower be able to accommodate Tuesday, if it's closed that day, as opposed to a Thursday? Is there a reason -- Lavey: Yeah. Madam Mayor, Mr. Hoaglun, you know, we are their client, so I guess if they want our business they will -- they will adapt. It's a service contract, service through the Parks Department, so we would have to have Mike from the Parks Department make contact with them. I really don't see that being a problem. The reason why we choose -- have chosen Tuesday is that's the Treasure Valley training day for the K -9s and so it just makes sense to keep it on Tuesdays, instead of having all of them change. Hoaglun: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council July 27, 2010 Page 28 of 53 Rountree: I believe the decision that we need to make has been made and that was to establish the dog park. From my perspective it's up to you two gentlemen to work out how that works, when it's open, when it's not open and when you close it. I don't think we really need to micro manage that. But what I would ask -- and it's the same comments I made before when we were talking about expanding the park in the Borup property, I have seen no action towards some boundaries on the use of the dog park with respect to requiring the dogs to be licensed, requiring the dogs to meet certain health requirements, because we have our K -9s out there and we don't want any disease that could be transmitted, if there are any, to our investment and same comments I made before and I don't see any action on the part of anybody, whether it's the dog park committee or whether it's the parks and rec commission or whom ever, to look at those things and bring us some recommendations on policies that we should be making decisions on, not necessarily operation of the dog park itself. That's my opinion. And I would like to see some of that stuff, because I think it's -- you know, we keep talking about how we are going to pay for this thing and one of the ways we pay for it is through license fees. If we have got 30,000 dogs in the City of Meridian and we have only got 2,000 of them registered, we are missing something there somewhere and, you know, we need to get a handle on some of that stuff. And not to bash this, I think what we have done is a good thing, but I think we need to start thinking about it and I think we need to start thinking about how we are going to grow this, if, in fact, we are going to grow it and I think we need some of those policies established. Lavey: Madam Mayor, Mr. Rountree, we already have those policies established for the actual dog park and the dog park users. You know, rule number two and rule number three right on there is the dogs must be vaccinated to use this facility and the next one in line is they must be licensed to use that facility. So, the current users of that facility are bringing in dogs that are inoculated and are licensed. It's the other people in the city that we still have to go after and, then, just today we actually were discussing the potential upcoming survey and some of the demographic questions we discussed was do you own a dog and, if so, how many and trying to get a grasp of whether those numbers are really reflective of reality or not, because right now they are just an estimate of there is X number of dogs per -- per household on average and that's, really, just -- it's just a guess and I do think that it's -- it's obvious that we have more than 2,000 dogs in this city without -- without going and looking at the numbers. But whether we have 15 or 16 thousand dogs I don't know if that's realistic or not. So, we are taking some steps to head in that right direction. Rountree: I appreciate your comment about what the sign says, but my concern is, one, are they being enforced and, two, are they enforceable. We don't have an ordinance that relates to vaccinations. That -- to me that's a policy issue. We have an ordinance with respect to licensing, but is that being enforced at all? Do we -- do we have animal control out there occasionally to do that? Meridian City Council July 27, 2010 Page 29 of 53 Lavey: Just -- you know, we do have under licensing some -- the rabies vaccine is required. So, we are -- they are being vaccinated for rabies. As far as the other vaccinations, no, they are not being required under the current licensing. Siddoway: I was going to say, Madam Mayor, Members of the Council and Councilman Rountree, the -- I can work with Chief Lavey and see if -- in terms of enforcement, think a few spot checks by animal control would go a long way if we just went out there and started doing -- that's what we have been doing with our softball residency requirements, for example. We don't have time to be at every game every day checking residency, but check a few and the word gets out, you know, you need to -- you need to do this. So, I think we could implement some -- some spot checks with the help of animal control to see if the dogs out there are licensed and they go that way and with the enforcement side. I would say that the dog park task force has been looking at the -- the unlicensed issue and I think they raised it to the forefront in their presentation about what kinds of funds could be raised if -- if we get more licensed. Still something that we are definitely interested in helping with. We have also had feedback from legal that fees for licensing can't be -- can't go towards a park improvement, but we will work on the -- we are also working on the funding side. We have put a donation box out at the dog park and we are currently accepting donations and taking -- collecting those donations from the box on a weekly basis and, you know, they vary. It's -- they are not going to build a new dog park on their own for a long time, but people are donating to it and we are collecting those and putting them in an account with Finance. Rountree: Very good. Lavey: Madam Mayor, Council, I guess my final comments would be that I really appreciate the comments Mr. Rountree says as far as giving us the sense to decide what works and what doesn't work and we really don't want to burden Council or the Mayor with this, it just seems like everything that we do, whether it's positive or negative, anything that we do creates a lot of feedback toward you and we just wanted to make sure that you were kind of aware of it before we did anything different. So, in the future we will sure take care of that ourselves, but it seems like it's been a pretty hot topic anytime we do something the citizens are talking to you and we wanted to make sure that you weren't blindsided with some surprise. Thank you. De Weerd: Thank you. Does Brian have any comment? Draper: My name is Brian Draper, I live at 1996 Kristen Way. Long time Meridian resident. Fact is my family's ran a business in Meridian for 40 years. I'm pleasantly surprised tonight, because I didn't have any idea when Steve invited me here that we were going to be -- exactly what we were going to be discussing, because we played phone tag and never got ahold of each other, but I appreciate all the words that the chief said and we worked very hard to be good tenants in his facility. I have worked with Officer Brown, he has given me information and certain things we had to correct and we have taken care of it. The situation with the mowing was earlier in the year they were mowing on Mondays and they said that they were having a problem with it and I Meridian City Council July 27, 2010 Page 30 of 53 told the Parks Department and they changed it to Thursday or whenever they are doing it now. So, I don't think it's an issue with changing the day to Tuesday, I think that -- that would be an excellent option. I think the people out there would really appreciate it to do that. Last year when the grass really took the big hit, the letter that Steven put out didn't come out until the end of October and when we hit that wet season right after those first couple weeks of October, that's when the grass really started taking the hit. So, I think just opening it between now and October 1 st for the six days and we can monitor it and see what happens on it. I notified them today the standing water issue is there is a broken water line out there on the irrigation system and they went out today to take care of that and that's what was causing the problem with the standing water they have out there now. So, we have been good tenants, I hope. I go around and pick up all the orphan poops every day that were out there and keep it clean and we work well with Officer Brown and we want to keep it that way and we do have goals to get the new park built and we have several exciting things coming up that we are going to be working on tomorrow night and my hope is that we can get maybe grass planted late next summer or something, so we can get moving on this. That's my personal goal to get that done. De Weerd: Well, thank you for your involvement and your partnership. It's appreciated. Draper: Thank you. De Weerd: Thank you. Siddoway: In the spirit of the last comments, this item that we have regarding movie nights is probably more informational, but given that a lot of things come your way, we didn't want you to be blindsided by this and we'd certainly accept any comments or input you would give, but -- De Weerd: So, this is under a heads up as well? Siddoway: Heads up. Yeah. The -- movie night has continued to grow in popularity, as has the crowd that's not really there for movie night and the issues associated with that have been increasing and it's interfering with the original intent as a movie night. So, we had a meeting today with the Mayor's office, Police Department, Parks Department and, then, several of the city volunteers who were volunteering at the site last week and giving us feedback and the decision that we have made is that we will begin enforcing a -- the park closure for anyone that's not there to watch the movie and so it will be -- we hope to make it go back to the family friendly atmosphere that it has been and -- and take care of some of those interfering uses that are happening, you know, behind the crowd and causing interference with those that are there to try and watch the movie. So, we have talked with police. We are going to have an increased police presence starting with weekend and we are going to be distributing fliers to parents that are dropping their off kids and making sure it's known that it's -- you know, that the park is open specifically for the movie night use and not for the other -- the other parts of the park are closed, so -- anything to add? Meridian City Council July 27, 2010 Page 31 of 53 Lavey: Madam Mayor, Council, I guess the -- what really concerned us is when people are coming to us and saying that I would not take my kids to that park for movie night and we have really kind of lost the intent of what that park is and we got a lot of disruptive behavior, we are finding a lot of offensive behavior, we are finding a lot of criminal behavior and this last Friday was really the perfect storm. We had our bike patrol units that were on vacation, we had 65 calls for service in the city during the time frame that movie night was going on, we had three calls for service to the park for fights, we had two additional calls for service to the park for foot patrols and, then, we had H2 overload going on in the city as well and so we were stretched very very thin. And it's really kind of giving us a bad eye out there as far as the kids are showing up and using it as a local hang out and so at the meeting today I said what is our intent out there. If it's for the move night, then, that's what we need to establish, that this is for the movie night, the park is closed at sunset, you can't be hiding in the dugouts, you can't be on the ball field, you can't be on the play equipment. We need to establish a perimeter out there as far as where you can be and where you can't be and we need to enforce that. So, to help Steve take back his park, we are going to establish a five person patrol team out there and a command post out there and try to get back to what the intent was. I realize that since this has been going along for awhile that we might get some push back, but we are finding that a lot of parents are dumping their kids and using us a babysitter and that wasn't what the intent is for it as well. So, I guess come Monday morning we all deal with those calls if they come in, but we wanted you to be aware of that, too. Seek your feedback, what your comments are, see if your goals are what our goals are, see if that's what your intent was of family night, because we are really losing something that was such a really good deal and -- I mean we are -- for the right reasons and it was for the family and it's starting to drift and we need to take care of that before it gets out of hand, so -- did you have some follow-up comments? I'd stand for any comments from Council or questions. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I appreciate the direction you're going and I think it's absolutely right. I agree with what you worked out. My observation would be -- and, actually, I had this observation at the Christmas tree lighting as well. I assume you're talking about older youth, teens, that are hanging around and not participating in the movie. They don't seem to have anyplace else to go and I absolutely agree with protecting the intent of movie night, but I worry that just chasing them out of the park is not the final answer. Is there anything in the works to have a Friday night dance or teen activities or -- I mean we need to give them something to do, because if they are having fights and criminal activities in the park, they will just move that somewhere else and I worry that they don't have anything to do. I guess that's -- I don't have a suggestion, but -- De Weerd: Well, I will say that not all of these kids are from Meridian. Meridian City Council July 27, 2010 Page 32 of 53 Lavey: They are not. De Weerd: And what is different this year is we are getting a lot of youth from other areas coming in looking for a fight and that is what is not acceptable. Zaremba: Okay. Siddoway: We do have our teen activities club, which we -- but that is actually on the months that movie night is not running. It's once a month also, it's not every week. We can advertise that. But, you know, until sometime in the future when we have some kind of a teen drop in rec center, I don't know that we are going to really be able to crack that nut in terms of city services. We did talk about the possibility of opening another park in another location for a hang out, but that simply stretches -- De Weerd: You're kidding. Siddoway: -- the police even further. De Weerd: Keep your gun in your holster. Lavey: You know, Madam Mayor, Council, I'd just like to point out that we did discuss Kleiner Park, too, with the amphitheater coming up and everything else and somewhere down the road the intent is to have functions as well. So, I already have limited hair and I was already looking at events going on Friday night in Kleiner Park, events going on Friday night in Settlers Park, still having Roaring Springs, and still having to run the whole city and trying -- well, the speedway has been really really good. But they have their own security there and they have done a tremendous job. We do not respond to the speedway for calls for service. Now, we probably will tomorrow just because I said that. But what's going to happen is we are really kind of working on a short-term plan and really a long-term solution for next year and as I have done in the past is -- is I looked and what our plan was, for an example, Storey Park for Fourth of July and for a typical ops plan and how many people it took and everything else, I was able to adjust my overtime budget to accommodate that. This here has not been adjusted, therefore, we are going to try to use as much existing officers as we can, but with vacations and training and everything else that could prove difficult. So, there is going to be overtime involved and we are going to start tracking that to see exactly how much it's costing to -- to control this properly. So, we have more of an answer later. But I may be coming back and asking for some money later on out of Steve's budget. Rountree: Good call. De Weerd: Any other questions from Council? Bird: I have none. Meridian City Council July 27, 2010 Page 33 of 53 Rountree: Madam Mayor, I have a question. In terms of your -- your force that will be out there, what do you do? Citations? Arrests? Just encouragement to go back home and if they are dropped off by parents -- how do you corral them? Lavey: Very good question. We discussed that. Several things that we need to do is we need to educate and so one of the things that we have put in place first to do a press release and have legal review the press release to make sure that everything is up in order. We are going to get that posted to the website. We are going to get that out to the media. We are going to make fliers and have volunteers hand out the fliers when people show up in the circle on Friday night and we are really going to start educating people. Once that's being done, then, we are going to start kicking people out, using the parks exclusion if we have to. And, then, if they do come back, which last week we had people that were involved in fights were kicked out of the park and came back, then, we are going to make arrests for trespassing. And, then, the other thing that we are going to do is if we have kids that are causing problems there, we are going to keep them at the command post to make their parents come to the command post and pick them up and take responsibility for their kids. That is the plan for now. Rountree: Thank you. Bird: Sounds like a wiener. De Weerd: Well -- and I think the lieutenants said, you know, with enforcement actions the first two weeks we hope that the remaining section or season is as event free as possible, but -- and for the majority we are talking about a small minority of kids that they are really going to have the issues with, so -- Lavey: And I think -- Madam Mayor, I think what we should do, too, is, then, just come back for next month's workshop and just give you a quick status report of what we are seeing and what we are facing and what our progress is, just so you're aware of that, too. De Weerd: Thank you. Lavey: Thank you. D. Public Works Department: Update on Ada County's Waste to Energy Project De Weerd: Okay. Items B and C were moved up under eight, so we will move to the Public Works Department on an Ada County waste to energy project. Mangerich: Madam Mayor, Council President, Council Members, I probably don't need to introduce you to this gentleman, but I sure would like to thank him. Steve Sedlacek, owner and operator for Sanitary Sewer Services Company, our very own waste hauler. Steve and I have been in some discussions as of late of some arriving news that came Meridian City Council July 27, 2010 Page 34 of 53 to us through colleagues in a separate meeting and we found that it was of enough importance that we should bring it to you briefly to our Council and, then, we are also going to be seeking direction from you this evening to how we make further communications with Ada County on this change in our waste management system. This evening I'm going to run you through the contract that Ada County has entered into, a contract with Dynamis Energy to design, build, operate a waste energy facility located at the Hollow Hills Ada County Landfill. It combusts municipal solid waste -- that will be our solid waste and hazardous waste from Meridian, from the city of Boise and from all within counties or cities who take their trash to the Ada County Landfill. And towards that we are going briefly run through the technology with you. I have experience managing the waste energy contract with the Spokane regional solid waste system, so I can at least give a layman's description of what is briefly shown within their corporate brochure and I would advise the Council members that there is very little information at this point out here and no communications have been accorded to the stake holders, waste haulers, city of Boise, the city of Meridian, Star, Kuna, et cetera. So, this is an update and seeking direction from you for further positive communications. Let's see. I'm sorry. The next arrow? And, then, press? Can I get your help, Caleb? Thank you. It takes a village. Sedlacek: Just really briefly, the current solid waste system -- there is about 1,250 tons per day that go into the landfill. We have a household hazardous waste collection program. You guys all know this. It's very successful. Seventy, seventy-five tons of material is taken out of the waste stream every year. Under this new system all that would be burned in an incinerator or some proportion of that would be burned. We also have recycling programs and construction waste facilities. Currently we have disposal fees based on yardage. They are switching that to a tonnage based system this January. That will cause residential rates to rise. Just put that out there. I don't know why they are pursuing this activity now with the waste energy facility, but it's come out of the blue for us and so we have to address it, I guess. Boise pays 53 percent of Ada County's landfill disposal revenues. We pay about 13. And that's Meridian and Kuna together. So, together we are about two-thirds of their -- of their budget -- of their revenue. We have weekly household hazardous waste collection. The county pays about a million dollars a year to dispose of that material, so they bear the brunt of that program financially. Two things I wanted to tell you about. Three to five years ago, if you remember, the county went through extensive public hearings before they expanded the landfill. We went through this over and over and over for more than a year I think and waste energy was considered, long hauling was considered, building a second landfill considered. Adding a new cell to the current landfill was considered and that was the decision was to expand the current site and that's what happened and that's what the rates are based on. And now two years later we are going off on a tangent for reasons that we don't know about. Now, you do have -- under state law you have the option to opt out and that's a very heavy decision. If you opt out that's okay, but opting back in could be extremely difficult. But it's open to you. One thing you have going for you is you have a transfer station in your city that can haul anywhere in the west. So, you don't need the Ada County Landfill, but it's not cheap to go out outside the county either. That's a big expense. Meridian City Council July 27, 2010 Page 35 of 53 De Weerd: How about using rail? Sedlacek: Rail can be done. Absolutely. Rail hauling, you know, you're going to have to go 200 miles at least before you start recouping the cost of your rail versus the cost of hauling in a tractor trailer rig. So, there is some economy there we'd have to figure out. But it's important. Absolutely. And with that I'm going to turn it back to Mollie. Mangerich: Thanks, Caleb. Well, what I have done is picked out pieces of this very brief professional services agreement that Ada County has entered into with Dynamis Energy, LLC. If you can see the amount of the contract, it's about two million dollars. There is very -- the technology that they are asking to be employed at the waste energy facility, that would take in a minimum 250 tons per day of municipal solid waste and one of our commissioners on a recent video interview last week said that they would also be accepting the household hazardous waste that is accepted at all of our collection events and that this could be incinerated and we will talk about that in my concerns slide later. This timeline of six months, most likely from my reading of the contract is to meet application eligibility for this calendar year for the federal tax rebate, renewable energy credits for this facility, was, basically, under the American Recover and Reinvestment Act to provide payments or tax credits to energy producing facilities. A host of deliverables are to be accomplished within this preconstruction timeline, very short timeline, including assessing, submitting, submitting licenses, permits, providing a quality model to Idaho DEQ, as well as an engineering study -- or engineering plan on the technology and also within the contract there was a put and call provision in it. Next slide. De Weerd: What is put and call? Mangerich: What is put and call? De Weerd: Uh-huh. Mangerich: That's kind of an archaic term and I bet our lawyer would like this. But, basically -- I researched this. Basically, the owner of the county, after review and at its discretion may not want to proceed with procuring and installing of this project, a consultant Dynamis, after reviewing in its discretion may want to proceed in the absence of the county's decision to proceed and, basically, do legal iterations, you develop a price of which you're going to reimburse either the contractual fee or a sale of the energy fee or you're going to call them to operate it for you and so there is a myriad of transactional possibilities, ones that the other can buy the other person out and proceed with the waste energy facility. And that is within the contract, which we can make available. Preliminary design criteria is established by Ada County within this professional services agreement that there be -- they want a facility that does not require any pre-sorting of the waste. It would accept household electronics, including TVs, monitors, which are the cathode ray tubes, which are very hazardous. Waste tires. They have a lot of BQ value in them. The energy generating capacity -- they want an Meridian City Council July 27, 2010 Page 36 of 53 electrical output of no less than seven megawatts per hour, which is fairly small, but they are only asking for 250 tons of waste per day. In my experience with the Spokane waste energy facility, we were generating a net of 22 megawatts, which would power about 13,000 houses. So, to compare and contrast on the scale there. Also they want their waste ash from the combustion process to be landfilled at their Subtitle B landfill in the new ravine, in the new cell that they have -- to my knowledge that is a Subtitle B nonhazardous waste landfill. Siddoway: Correct. Mangerich: Okay. And in my experience with the -- we had a combined -- excuse me -- bottom ash with waste energy in Spokane and to be able to try to prove that it was not hazardous, we had over seven years of testing toxicity, characteristic leak sheet, to be able to prove to Washington Department of Ecology that it could meet regular disposal and nonhazardous waste disposal. We haven't met that yet. The proposed technology -- this is a schematic and a corporate brochure I pulled up on their website. There is some research. It's kind of an awkward looking diagram. We haven't decided if it's a cross-section or an above view. But for a layman's understanding this evening, basically, the process tonight, even though it's described as proprietary and trade secrets within the document, it's, basically, a burn your waste, create gas, convert it to steam and produce energy. So, I think -- can I point here? Do you see that? Do you see me? Okay. So, basically, the municipal solid waste for Meridian and our other communities will be bringing in, would just off-load at the waste energy -- or at the landfill, they would probably, then, put it -- shove it into these receptacles where they would go into a primary gasification chamber. Basically, after that you have a waste stream of ash, metals, and waste. Gases enter into your secondary combustion chamber of where they are basically treated just -- sorry. Thank you, Caleb. You're my buddy. Basically, this gas is vented to steam, it's scrubbed of oxygen, so there is this oxidation, so there is this oxidation process and it goes into the boilers and, then, it's scrubbed and it goes into the steam turbine generators and that steam carries a lot of energy and so that's what -- and that's where you can sell your power. They also have, as part of this contract, that they need to purchase a power agreement with like Idaho Power, so they can sell anything, which is entirely reasonable. And, then, the steam goes back to your cooling towers, it's recycled, regenerated, it's a closed system, it goes back into the boilers. Next. We are going to share our concerns here. We kind of briefed each other on what -- what is the litany of lists, we just simply are in a dearth of no information and it's came on so sudden, so we did -- we did want to do some brainstorming on this. I guess number one I was so shocked that there was no daylighting of the issue to the stakeholders. I mean we are responsible for the determination of our residents' trash and that's a public trust and we hired a very reputable company to take our trash and manage it in the most environmentally responsible way. So, I think it behooves us to know what's happening at a regional basis where our trash is actually going to. My second major concern having just dabbled in the business a bit is like what is the track record of known facilities for Dynamis Energy and my research and my colleagues research in Boise is to this point brought up two facilities. One's in Columbia and, then, one is up in Barrow, Alaska. Meridian City Council July 27, 2010 Page 37 of 53 Sedlacek: And that's not Columbia, South Carolina. Yeah. It's the county of. Yeah. Mangerich: Thank you. As having been in the hazardous waste field for a long time, do know that the way that we manager our hazardous waste is how we designate it. Household hazardous waste is such a problem -- wonderful popular program, because it is exempt from federal RCRA rules in the handling of that. And so we are able to collect it and transport or recycle it, make bunker fuel out of it and provide fuel regionally and do very marvelous things with -- in many cases a toxic waste. However, it's just going into a mass burner sort of situation. Are they going to be burning it as a RCRA rate of are they going to be burning it as a exempt rate? And regulatory requirements and pollution control are commensurate with either of those, so I would like more information about how that would be permitted. Sedlacek: So, my concerns, Madam Mayor, Members of he Council, I'm not sure if DEQ will issue an air permit for this or it may -- they may not have primacy for this type of facility, it may be a federal air permit. And we are almost in a nonattainment area in this valley. So, there is the suggestion that we are going to have a new point source and burn waste seems counterproductive, frankly. Also, we do have the ability -- we did talk about this briefly about flow control issues. If the county were to get really deep in debt on a project, such as this, related to their waste stream, they could attempt flow control, which is to pass a law, it simple says if you generate waste in this county it stays in this county and you have to -- to be chained into the large regional solid system. Whether or not that could work legally, I don't know. It's highly variable across the country based on which district court you're in. It's been to the Supreme Court a number of times. There is all sorts of variables and who knows. Luckily you have a state law that says you can opt out. Also I don't know why you would locate a facility such as this directly upwind from Boise, the state's largest city. The wind either blows to the southeast or the northwest, which means it's going to blow to Eagle or blow to Boise. You know, and why -- if you're going to transfer 25 tons per day of material like that, that's great. Locate it in the southern part of the county. You're going to transport the waste anyway, just transport it out there. It doesn't make any sense to me. But, you know, we do have a dearth of information and it's easy to be critical, I suppose, if you don't have information. But I'm just -- these are just concerns that have come up. There is a few oddities and maybe this has all been worked out behind the scenes, don't know. Those my concerns. Mangerich: Well, we are requesting the Council provide some direction or encouragement to open up the lines of communication with Ada County Commissioner, our stakeholders in the region, haulers, public and private, and our municipalities within Ada County and ask respectfully that Ada County provide information to us as users of - - and payers of their facility, that what are their plans, and to, basically, open up conversations about the technology and I would assume that we would want to include our solid waste advisory committee in this, Madam Mayor, and Council. Meridian City Council July 27, 2010 Page 38 of 53 Sedlacek: Just a couple comments from me on this. It would be great if we got Dynamis and the county to present something to us to, to the SWAC and Council jointly, maybe. Frankly, the information they -- since they are claiming proprietary information, they are not going to share any technical information with us, so without that technical information you can't really make a decision or figure out what's going to happen. So, my comment would be waste energy projects are technically highly sophisticated, difficult, multi -disciplinary engineering projects. There is no doubt about it. And I think that you should contract or you all cities together should contract with a reputable third party that has no vested interest in this to review their work. When I was a consultant, you know, we would go into meetings like this and we would sign nondisclosure agreements, so that we -- you know, we couldn't learn about someone's technology and, then, go out, replicate it, and reuse it. So, that would allow the discussion of the proprietary stuff and maybe this is something new, maybe it's completely -- maybe this is the greatest thing ever. I don't know. How are you going to find that out? Well, someone is going to have to delve into it, someone that has your best interest at heart. Now, I'm not technically astute enough to do that. You know, I have always had a great amount of experience. It's great to have Mollie around staff here, because she's had a lot of experience with waste energy coincidentally, which is great. Mangerich: Which I'm not an engineer. Sedlacek: Right. You know, we don't have the technical capability, but you can get that done and I would think Meridian, Star, Kuna, Boise together hiring someone to do that would be a great idea. Rountree: Madam Mayor? Mangerich: That is our heads up for this evening. De Weerd: Mr. Rountree. Rountree: A couple questions. And I know you don't have much information, obviously, but where does the 1.9 million dollars come from to do this? Mangerich: My understanding is it came from the landfill public disclosure fund that we all contribute to, all rate payers. Rountree: And what was the cost of the study that was done, what, three, four years ago? And to me public disclosure ought to be the way to go through this and that -- I mean that was a tremendous effort and it was -- it was a very visible effort and it was an expensive effort and it seems to me that it was a good effort and now that study, which probably still has a great amount of validity, is being put aside to the cost of the taxpayers of another two million dollars and that's not the end of the story, because that doesn't include all of the cost overruns of the analysis and the study that's going to go on and, Steve, you know that as well as anybody what can happen in those contracts. Meridian City Council July 27, 2010 Page 39 of 53 Sedlacek: Well, Councilman Rountree, Members of the Council, I -- I don't know the cost of the public outreach program that occurred. CH2M Hill was the consultant for that. I have no idea what that cost is, but I'm sure you could find it, but -- Rountree: Yeah. We could get it. Sedlacek: It wasn't cheap. But, you know, I guess my comment -- I need to be kind of neutral on this issue, you know, if you guys like this stuff, that's great, we can haul stuff there. My comment would be -- you know, one of the comments we get from our -- from our citizens is that we need more composting, we need yard waste disposal -- that's the issue in this city and it's the issue in this valley. That's 30 percent of our waste stream. Well, that two million dollars could have been spent on a regional composting facility and we would be very close to having it ready. Maybe not ready, but I guess it would be a large step toward meeting a real problem and also that material is not combustible. It's grass. Mangerich: And they are going to be pulling that -- the majority of that wet material out, because wet doesn't burn well. That would be landfilled. Sedlacek: The city here is saying, well, they should have done this or they should have done that. That's not really the point, I suppose, tonight. But I have to vent a little. I'm sorry. Mangerich: A little background to the press release that is on the Ada County website. They are saying this and stating that this is being touted as the second project of Ada County's new renewable energy industrial park located at the Hidden Hollow Landfill complex. Already they incorporate very well known and well utilized technology for the methane landfill gas recapture and convert that to energy, which is a fabulous technology in use in many landfills throughout the United States and the world. And they are gaining a -- well, I don't know if they have a revenue from that, but they have a contractor that sells that. So, I guess they are adding this to. Rountree: And the other cost they are not factoring into that is of a facility of this magnitude is quite large, it will affect not only the rate payers from the trash collection aspect, it will affect the rate payers that are buying power, because the rates for power will go up, because they have to make a profit and Idaho Power has to take the power at whatever cost it is to generate it, so our rates will go up. Somebody's will. At least 13,000 folks power will go up. Mangerich: It can serve as a renewable green credit in the portfolio of Idaho Power. Rountree: And I guess the other question is that we have talked about tax credits. Who gets the tax credits? Mangerich: The land owner. Meridian City Council July 27, 2010 Page 40 of 53 Rountree: But what do the tax credits do to the county? Nothing. Mangerich: I don't know. Rountree: Do they sell them? Sedlacek: I don't know. I think there was a lot of things that we would answer I don't know to tonight. Rountree: Yeah. I mean I'm just -- I'm kind of going on. It seems me this is a -- Sedlacek: It seems odd to me, excuse me, that -- well, maybe it shouldn't seem odd to me, but the cities are where the waste is generated and you have a huge stake in this and this -- I saw this first published in the Statesman. I think you should have a place at the table. That's all I'm saying. Mangerich: And I would very much -- as a representative of the City of Meridian environmental programs, I would very like to approach this proactively, positively, inquiry based, to find out what, indeed, is planned. We are stakeholders in this technology, if we are to include our waste within this proposed facility. So, I very much want to raise our head and say we are here and we need information. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I agree with all of that. I think I would throw one question in and that would be the question to Idaho DEQ. What is their oversight or permitting process or engineering review going to be? It's possible they will do all that, which means we don't have to hire a separate consultant to do it. But I would explore that if you could. Find out what they are going to do in their approval process. Hoaglun: Yeah. Madam Mayor, I think you have nailed a lot of the questions. I think we just need to go forward and find out more information of what's going on, the impacts -- I mean you guys are going down the right path and I think you need to keep pursuing it. Mangerich: Thank you. De Weerd: Well, I guess I would invite you to draft a letter, if you can summarize. think you have done a really nice job with the Powerpoint in trying to pull all of the different facets together and, you know, we can request a meeting, but I think we also need to talk to the other partners and see what -- if they have additional concerns or not and, you know, this is a countywide issue. This is not -- it's probably not exclusive to us that we would have these questions and concerns and I doesn't sound like they have included anyone in their decision. Meridian City Council July 27, 2010 Page 41 of 53 Mangerich: No. And we are the first group to come to our Council with this notification as well, so -- De Weerd: So, you know, hopefully, perhaps they can have a larger meeting as well to include more people in it. Mangerich: I can draft that up as a potential request and benefit to everybody using the system currently and provide that to you for review. De Weerd: Okay. Thank you. Mangerich: Very helpful for us as well to have your support as we go forward. Thank you, Steve. Sedlacek: Thanks, Mollie. De Weerd: Good tag team. Mangerich: Yeah. Thank you, Caleb. E. Planning Department: Transportation Overview - Presentation by City Staff on Recent Transportation Projects, Studies and Plans - Including a Review of the Draft State Transportation Improvement Program (STIP), COMPASS' Regional Transportation Improvement Program (TIP), Grant Opportunities and Partnerships, and other Transportation Topics De Weerd: Okay. Our next Department Report is Caleb with our transportation overview. Hood: Madam Mayor, Members of the Council, good evening. I am here for part two, essentially, of the all things transportation. There are a couple of new things we will talk about, but I think we will start with the old business, if you will. I did update the memo that you didn't receive prior to last Council workshop on the 13th. Hopefully, you all got this version. I do want to, like I said, follow up on a couple of things. The first thing being the STIP. We talked about that last meeting. I have drafted a letter. You all should have received that as well and I guess I just want to take a couple minutes to see if you have any comments on the draft letter. I do want to call out at least one of the questions that was in the draft or at least the question that I had for the Council. There is a couple of question marks on the last concluding paragraph in the draft letter talking about certainly the need for U.S. 20-26 and Highway 44, they are both important, but in the context of Meridian are they on the same level, do we want to give as much importance to Highway 44 as we do the 20-26 or should we limit our comments more to regionally significant projects that are within the corporate boundaries of Meridian. So, Meridian City Council July 27, 2010 Page 42 of 53 have got it currently drafted where we talk about both and the Meridian Road interchange and all going important projects that should be in the STIP. The question, then, would be in closing or if you don't like how I have kind of outlined taking out 44 or putting it right on par with US 20-26 and any other comments you may have on the letter, too, so -- I guess I will pause for -- hopefully you have all had a chance to read that and, then, we are asking for the full Council's signature on that, not just the Mayor's, for this one, so you will see it on letterhead when I get the A -OK from everyone. Hoaglun: And, Madam Mayor, I have read the letter. I was in agreement with them. I didn't see anything that gave me any heartburn or anything, so I was good. Hood: And 20-26 and 44 are on the same level. I mean COMPASS -- COMPASS recently send a letter to ITD stating -- so, that would be consistent, essentially, with what COMPASS sent to ITD, but that was my only question was there is -- the regional hat that the COMPASS board wears versus -- certainly we look beyond our boundaries, too, but -- Hoaglun: You know, I like -- we pay attention to what happens within our community and that's our main focus, but at the same time, if they are applying the rules consistently for all the areas that impact us, as well as others, I mean we -- consistency is a good thing. I mean that's -- that's what we strive for, so if it maintains how things move forward for everybody and that's the way it works, then, that -- by all means that's fine. If things start going out of whack and, then, it's -- then, it's -- we are fighting for what we can get within our boundaries. That's my take on it. But it seemed like to me it was something that they would apply consistently throughout, whether it's 44 or 20-26, so -- Rountree: I agree. Let's move it out and make sure they get them. Hood: Okay. I will put that on letterhead tomorrow and start to route that around. Or maybe even this evening if we get out of here. The second part -- and it's related, certainly, but the TIP has, since our last meeting, been approved by the COMPASS board for release for public comment. Same vein with the comments that I envision that letter taking, again, with funds for 20-26 and Highway 44 being taken out. I did also want to highlight a couple of other things in the draft TIP. The US 20-26 Broadway bridge has changed in scope. It's currently a rehab preservation project and in the draft it's moving up to a full replacement project. So, the cost of that project looked like it was going up from about six million dollars to about 20 million dollars. I will note -- and I did in the memo, too. It's got a really low bridge sufficiency rating, so there are some safety issues with it, but I don't know why ITD couldn't do the rehab and still bring that sufficiency rating up and, then, it goes to full replacement. So, I don't -- I don't know all of the details, I just thought I would -- I found that interesting, anyways, when I was going through here that 14 millions dollars for that project, so -- and, then, we talked about last time Meridian Road interchange. ITD at the COMPASS board meeting and, then, even a couple days before that, contacted me to let me know that they Meridian City Council July 27, 2010 Page 43 of 53 inadvertently left the Meridian Road interchange out of the STIP. So, they are going to try to find some way to balance those dollars and get back in for 2012. It was in 2013. So, they are going to try to find room in 2012 and even bump it up a year, so that's the update on that, I guess. And, then, just to highlight a couple of the other district three -- ITD district three projects that are new projects to -- at the 1-84 item and interchange, east and westbound -- or north and southbound, however that works -- legs and, then, an expansion project on 1-84, the Y interchange storm retention pond. So, that -- that falls under the expansion projects, but there certainly is no capacity involved, it's a storm drain pond at about 885,000 dollars. So, really, no expansion projects when think of them as capacity improvements, but still got to highlight those for the draft TIP -- I mean in STIP, too, so -- again, so I think I'll proceed with essentially the same letter addressed to Matt Stahl and if there is any other comments or something you -- I may change it a little bit, but it will, essentially, be the same letter if you are all right with that. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, probably not necessarily a question to you, but to the two COMPASS board members. The modifications to the TIP that you identified, were those done to address the desires of the state or was that something that in particular Boise requested Broadway bridge and those kinds of things? And, if not, why did the board modify the TIP to include those? Because if you don't include them in your TIP, then, they are not mirrored in the STIP, they are not mirrored in the TIP. Basically, you have created a checkmate to the state, because they have to mirror one another. So, then, we get into a negotiation why. So, I guess I'm just unclear why -- why COMPASS took the approach to modify the TIP to include those changed projects. I know you can't answer that, but I -- maybe I can get the Mayor or Keith to answer that. De Weerd: Well, I guess I wasn't there for the June discussion, you were, and I took your comments and reiterated those in my remarks to COMPASS staff. They said that what was discussed in June was moved forward to this last month. The discussion this last month was more in tune to there are some projects that are -- that are not in agreement, but they wanted it to go through the public commenting processes -- Rountree: Okay. De Weerd: -- where they would be vetted. Rountree: Okay. De Weerd: And so that -- that allowed us all -- we weren't going to debate it at that meeting. Rountree: The last meeting. Meridian City Council July 27, 2010 Page 44 of 53 De Weerd: Because they said we have already had discussion in June and, I apologize, I didn't know what all had been discussed. Rountree: I just wasn't in tune with what progressed, so it doesn't make sense. De Weerd: Yeah. Hood: Yeah. And it is for -- out for public comment, but I think it sounds like maybe -- IT don't think anybody's made their mind up at the board, depending on what comments come back in, may change the TIP and it may not mirror the STIP. So, I would let you know, though, at a TMA balancing meeting Boise city staff, too, were surprised, though, that Broadway bridge changed. So, it wasn't initiated -- from what I could tell from the city of Boise it wasn't one of their requests. It seemed to be a state initiated change for hope some engineering reasons, but -- De Weerd: Whatever reasons. Hood: -- I don't know why, so -- we have some time. The public comment period is open until August 23rd on the TIP, so if you want some time to think about that, I think I will do the same. If you're all right with it, I'll send you the draft letter, I'll take any comments you have back and, then, route that through for signature if everybody is okay with that or something else maybe comes up. So, we can -- we can maybe wait a little bit until we send that letter off, but I do want to make sure it's in front of the COMPASS board, so they see that we have chimed in and have those issues, you know, in written form. I know the Mayor made some comments to that effect at the COMPASS board meeting regarding, you know, 20-26 and 44 as it relates to three cities and something like that, so -- but we will draft something and they can have it in the public records, so when it comes time to move something on, so -- De Weerd: Hey, Caleb, I'm hoping, you know, that you can maybe even talk to Boise staff and see where the city is coming from in terms of Broadway and where they are as far as the rehab versus the reconstruction of it. It has been COMPASS's top priority is the Meridian Road interchange and certainly I know both -- both of those corridors of 44 and 20-26, have been a priority as well. In particular 44 for the city of Boise. So, if you could have some dialogue with their staffs to kind of get a better idea what their thinking is in that regard, it can help us to determine how strongly we word our own letter in that -- regarding that discrepancy. Hood: Okay. I may wait to hear back, then, on that and, then, I'll send this letter around and I will update you, then, on the discussions that I have with them, so -- moving on, then, to the TIGER two grant application. We talked about this last time. I spoke to some of you on Monday or Friday of last week on this topic as well or you may have talked to Robert if I didn't talk to you over the phone. Matt Stahl did contact the city last week and had talked with ITD staff that are working on or part of the executive team that are putting together the TIGER two grant application and, to paraphrase, ITD wasn't real impressed with what we are bringing to the table for the match for that TIGER two grant Meridian City Council July 27, 2010 Page 45 of 53 application. They need to show more of a partnership to the federal government to stand a chance, basically, of getting this grant. That's all kind of paraphrasing what we heard back from Matt. So, they asked the Council to reconsider some of the discussion we had last week on -- if we would be willing to consider designing and installing the landscaping associated with the Meridian Road interchange rebuild, if, in fact, we are granted that grant. So, I told Matt I would ask again or just kind of put it in that context. The state is looking for -- Matt said a 50-50 match. I mean they are coming to the table with nine million dollars. I don't think they expect the city to write a check for nine million dollars. We do need to prove, though, that we are -- we do have more skin in the game. I know we have heard that before and that's probably overused, but something to prove that we are vested and interested in this partnership. It doesn't have to be installation of landscaping, but, again, they are looking for some ways that they can show, look at this, we are partnering with this agency and that agency to make this happen. So, they are also trying to -- try to roll in this project as, basically, Meridian Road from Overland to Fairview -Cherry and say, hey, look we have done this investment at the intersection of Overland and Meridian at the local level, we did split corridor phase one at the local level, the interchange is just a phase in split corridor phase two, would be phases three and four. So, trying to roll that into this match as well. There is an eight million dollar project right there. So, they are exploring that and trying to see how they can kind of craft that in the application, but even with that, again, they are still looking for something where we can hang our hat and say here is what we bring to the game. They said that the landscape maintenance wouldn't count towards a match. That's something post construction that isn't considered part of that required minimum 20 percent required, 40 percent that they are trying to get to for a match, so -- and, then, I also spoke to you or Robert spoke hopefully spoke to you about including some monies that we will most likely be getting back from the Locust Grove Road overpass. I have known for some time now that there has been some cost savings with that project and I have been trying to get from ITD a dollar amount of what we expect to get back. There were I think six different funding sources and they are trying to figure out who gets what back and how much and who contributed and all that. So, I have been waiting to tell you all that until had good news and, hey, we are getting a check for this amount of dollars, but -- or if it was nothing, then, I wouldn't have told you, so -- but, anyway, this letter I guess what I'm asking is that we could amend the draft letter that you all received to include -- it sounds like we got unanimous support from the Council and the Mayor to go ahead and amend the letter to say whatever money we get roll it into that project. That project is a safety project, it's also an important project, as was Locust Grove, it's important to our community, we want that money reinvested for that transportation project, too. So, I'm going to make that. I don't know we need much discussion there. I have heard from all of you that you're okay with that and any other partnerships that you think we could bring to include in the letter or we can leave it as is, but, again, they asked to bring it up again, so I'm bringing it up. De Weerd: Did they ask you to look for a match? Hood: Madam Mayor, not to my knowledge. I don't know if that was a question or not, but I don't think they have reached out to other communities, but -- Meridian City Council July 27, 2010 Page 46 of 53 De Weerd: I'm sorry, it kind of slipped. Hoaglun: Madam Mayor and Caleb, real quick, you talked about landscape and it's not a match, you consider that post -construction, but the infrastructure -- if you are going to have landscape, the waterscape, the piping, all that to make that happen, is during construction and so was that out as well? Even though it's done during the construction time frame and part of the infrastructure? Hood: Madam Mayor, Councilman Hoaglun, if I understood your question correctly, no, all that would be considered if we are willing to pay for, you know, the hard cost for that and the labor to install it. That would all count. It would just be the -- the regular capital versus operations type thing, so it's more the maintenance would be on an operational level and wouldn't be eligible. But all of the things that you just mentioned would be eligible. Hoaglun: And sometimes they are doing that and we don't have to pay for it, but sometimes what we pay we definitely want to capture that. Hood: Every time the state has paid for it in the past, it would just be -- it would be some way that we could bring something to the table, so -- Hoaglun: You know, like thinking of Ten Mile, if we -- the reuse water, you know, that sort of thing where we can demonstrate where we can find it. Hood: Yeah. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, did you say that ITD is going to provide nine million? Hood: Roughly. I heard 25 percent and the project's roughly 35 million dollars. So, that's a ballpark. But they -- I have heard 25 percent of the cost is what they are coming up with for match. Rountree: And the match requirement for the particular grant is only 20 percent? Hood: Minimum 20 percent. Rountree: Okay. I guess I'll make a couple of comments. One, I do not believe that this rule or limit or exaction, if you will, is anything more than the thrifty nature of a particular district engineer. 1 do not believe it's the position of the ITD board, because I don't think they have made a position known on this particular item. You did indicate when we talked previously that ITD that was holding out that we would have to pay for Meridian City Council July 27, 2010 Page 47 of 53 the landscaping on this particular project and that would be considered part of the match as well, if I recall our conversation correctly, and that is not necessarily the position of the transportation board, as near as I can find in talking to their records keepers, there has been no change in their policy. Their policy allows them to do that. So, it seems that there is some fixation on this, we have got to do more than the 20 percent in order to get the grant. I think we have done our 20 percent with the eight million dollars that has been invested locally to make a new interchange work and connect to the existing local system, because if we hadn't done that, then, they would have to be spending that money and that would have to be part of the grant to make the thing work anyway. So, I think it's not good logic to just throw that out. I think that's something that we as locals can hang up and say, hey, we have spent our money to make this thing work, now we need the middle piece done. Just as the state needs that middle piece done to make their entire system four lanes, as opposed to having a three lane choke point at Meridian interchange. So, I'm not sure that we as a local or ACHD or anybody else needs to pony up anymore money, I think the money that we might have left over from Locust Grove, which I don't think is going to be a lot, I think that's fine, it goes there, it's, basically, off the books anyway. I don't have a problem with that. But I think if we -- let them get their nose under our tent, so to speak, that's the end of the story for us in any future negotiations for any kind of improvements on the state highway systems personally. De Weerd: Any other comments? I think you said it. Hood: So, if I heard the comments correctly, I think we will go with the letter that I have got drafted up now, but add in the Locust Grove, that we will roll that in, so -- and there will be a follow-up letter. I mean this letter is addressed to ITD Chairman Manning. We will follow right up of a support letter for their application and we can talk about more of the local infrastructure investments and why we think this is a good project and all the other -- you know, three pages worth of why we support this project. This is addressed to ITD on how -- primarily how we can partner with them. So, those are the changes I will make and expect another one, though, sometime later this fall after the application is submitted or -- in August sometime, probably, so -- Rountree: I guess the point I'm trying to make is that it's not only a demonstration of how we can partner with them, but how we have already partnered with them. Hood: Right. And the third item I'd like follow up on you all with -- the ACHD draft budget for FY -11, 1 did send you an e-mail summarizing that draft budget. It does look like 2011 it's going to be about 84 million dollars. It looks like they are leaning towards not taking the three percent property tax increase. I do want to -- you know, it is draft form. It's -- they still -- I went to a work session a couple weeks ago and they are talking about, you know, some of their operating costs and how with some of the increases in insurance rates and things like that, how are they going to make it equitable and balance everything. So, I don't want to make it sound like it's a done deal, so apologize if the e-mail came out that way that it was approved, they are still contemplating some of that and I think there is another work session tomorrow on it, Meridian City Council July 27, 2010 Page 48 of 53 too. But for -- for a quick snapshot, there it is and I guess if there is any next steps you want to take, the one caveat I would -- that I called out in the memo and, then, I will just state again, is if one of the things that they have -- their finance department proposed budget that if they take the three percent, here is everything we could do and alternative B or option two was if we don't do that here is what we would have to cut. We could have done it the other way and said, well, here is what we do and -- but, anyway, one of those things that gets not cut, but some funds get taken away from -- it's split corridor phase two. That currently is scheduled over two years to acquire the right of way. They take about 368,000 dollars away in 2011 to balance their budget in hopes that they can pick that back up in 2012, so it doesn't delay the project or potentially can get back on construction track, but I just wanted to let you know about that and -- so, I will leave it there, because you probably read about it, too, so if there is any next steps or anything you want me to do regarding ACHD's budget, or information you want me to gather, if not I will move on. De Weerd: Anything from Council? Bird: I have none. Rountree: No. De Weerd: Okay. Hood: And, then, quickly, too -- and this is going to be -- you have all probably heard about this now on your various committees and commissions that you sit on, but there is four grant opportunities out there. We talked about one, that's the TIGER two grant. There is another TIGER two planning grant that COMPASS is going to go after. There is another one that I want to highlight for just a minute, the sustainable community plan grant. That is a grant for up to five million dollars for a regional plan to -- you know, everything sustainability and it's DOT and HUD and EPA that are all partnering and giving these planning grants to regions. Has a bunch of livability principals. I mentioned to the Mayor and Councilman Bird that I would be willing to sit on this committee and dedicate some staff time to it. I still don't know what all that involves. It encompasses trying to get their arms around it. I did go to the first meeting today of that group. They are asking for level -- a letter from the city for partnership already, though, this application's due July -- or, excuse me, August 23rd. So, the time to put this together isn't great. And they also wanted to think about our role in this and I, quite honestly, don't know what our role in it is. It encompasses houses, economic development, land use, just the whole gamut, which I think is great, if the region can come together and do a plan like that. But as far as what the city's role is, I don't know. We can tell them what plans we have, what studies we have, tell them we are willing to coordinate where we can with universities and other research facilities and consultants and whatever, but I don't want to go too far down that road or what other resources maybe we could offer up, because I don't really know what they are, other than staff time. I do think that MDC would be a good partner in this. I think CCDC is going to be at the table, as well as, you know, Sage and BSU and U of I and a whole bunch of other Meridian City Council July 27, 2010 Page 49 of 53 partners, but the reason I bring it up to you is I think you will hear more about it. I don't think it's going to go away and I think we stand a pretty good chance of getting this grant. Some of the other ones are -- at the federal level I think they are moving more towards this and they'd like to see communities think about planning on the regional level and comprehensively, meaning all these different aspects in one plan, not just along the transportation plan that doesn't interact, you know, with their land use plan. So, what I'd like to do away and what I would caution us about doing is with this grant you can request about ten percent of this, again -- five million dollars tops. If we have any plans or studies that we want to go after or something we want to earmark, if you will, in this planning grant, say, hey, we really want to dive into this aspect and we need to hire a specialist to look at this or that, there is an opportunity for that here. The way the money is going to be funneled through this process is -- finance is going to kill me if we start requesting for money like this, because the administrative time to go into it and put all the -- you know, here is what we did on this date and that date. I think we want to stay away from that. I think we can keep it to in kind staff and we will help you out where we can. I think that's great. But unless you have some pet project you want to study in depth and go after something that's 500,000 dollars or more you can think of, I think we just -- we partner, but we are at this level. We are helping facilitate, but not necessarily knee deep in it and, quite honestly, I don't have a lot of staff time right now to dedicate to it. So, I'm going to do what I can to help them out, it's not going to be over the top. So, I just wanted to give you that -- a heads up and you all probably saw the e-mail, too, at least a couple of you probably saw it from Matt outlining these as well, so some of that I'm not telling you what you don't already know, but -- Hoaglun: I just might -- one thing that was mentioned earlier tonight -- and I agree, your staff time is limited, do what you can, but, you know, that composting facility on a regional basis, you know, is that -- does that include something like that? I mean we talked about that earlier and that's a pressing need for this community. I'm sure other communities would like that, but that's just off the top of my head, but it sounds like we are -- we are going after the money, but we don't have the purpose yet and that's always tough. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think that's a good one. A question would be would a Linder overpass qualify for what you're talking about? Hood: Madam Mayor, Councilman Zaremba, this is more a -- like I said, a planning grant to look at the study. Certainly COMPASS is looking at this as a way to update CIM for the next update, so 2013, 2014, which will be starting here this fall. Transportation is just one element, though. So, it's not for construction projects necessarily, but it would be -- I don't even know what plan means. It's going to probably be pretty hefty, so -- but I could see that being an element within the transportation, but it is more a planning grant to put together something that looks at how your Meridian City Council July 27, 2010 Page 50 of 53 transportation network interacts with your housing, interacts with your environment, interacts with your economic development and getting everybody, you know, on the same page with those things in communicating. So, indirectly, yes, but they wouldn't be studying the overpass necessarily or looking any further -- or anymore at that than what the regional long range transportation plan currently does, so -- okay. That was my update there. Again, I would recommend that we submit a letter saying we support this and we will partner with you, but it's going to be pretty -- a paragraph, maybe two. And so an update, you have all probably seen the newspapers. ACHD on the 21st, voting unanimously to go with the no build on 3 -C's river crossing. And, then, the last thing that I want to bring up is not in the memo, but has been in the works for, I don't know, the past few weeks anyway, if not a couple months, but Ten Mile roadway widening, call it the gap project, but it's between the realigned Overland and ITD's interchange at Ten Mile. There would be a section of two lane roadway that would -- it would neck down to two lanes and go back out at the intersection if ACHD didn't have a project going on. Diane is still here. Diane Bevins with ACHD is still here tonight. She's a project manager on that project, but there is a cost share agreement, a license agreement. What we have kind of worked out now is, really, no different than any previous agreements that the city's entered into. ACHD as of March 27 -- May 27th has a cost share agreement or cost share policy, excuse me. So, that is referenced in this agreement, but it's essentially the same thing as a lot of pre -cost share stuff that the city signed. What I'd like to do tonight is I think you got the most recent version of that. It's got the blessing from our legal team and I'd like to just -- De Weerd: It must be good. Hood: Well -- and I'd just like to see if there were any comments. I think tonight what we will do is we will discuss that and if there is anything that we need to iron out, we can iron it out and put it on a future agenda, if you're all good with it and, then, we can put it on a Consent Agenda at your next meeting. So, maybe just real quickly what I will highlight in that agreement -- there are really two transportation components that the city is responsible for and we are agreeing to fund and pay for the additional costs associated with design, construction, and maintenance of landscaping improvements for the project, which are two center medians that would, basically, mirror the north side of the interstate at Ten Mile, as well as interim improvements to the detached parkway strip on the -- on the west side of the roadway until those properties develop. Those are all currently Ada County in Ada County. So, essentially, what it would be is spraying them for weeds once a year, maybe twice a year, until we can budget through parks for the installation of landscaping in those two center medians at sometime in the future. The conduit is part of what we would be installing and what's in the draft budget for FY - 11 that Steve brought to you. So, phase two of that would be the insulation of the landscape materials, but -- so, that's what we are really talking about that the estimated costs are right around 100,000 dollars total for that. Again, phase one for the conduit is about 27,000. And, then, what we don't quite know -- and maybe since Diane is here we can ask her -- is Section 1.2.1 it talks about an interim treatment for that median area and I guess my question is is dirt okay for an interim treatment or is the highway district expecting something grandiose if we are going to come back in in the next Meridian City Council July 27, 2010 Page 51 of 53 couple three to five years and landscape it anyways or -- and maybe that's -- maybe she can think about that or if you want her to come forward and answer that, but that's my only concern with what was added is what is acceptable to ACHD interim treatment for that area. If we are going to be investing in a weed barrier and rock and we got to bring in all this stuff and it's going to cost us thousand of dollars anyway and we are going to rip it out next year, that doesn't seem to be right. But if they are okay with just, you know, we will grade it and we will keep the weeds down for -- until we can pay for the landscaping, I think we are okay with the agreement. So, I'll finish my presentation there, see if you have any comments on the cost share agreement, and, then, we will go from there. De Weerd: Mr. Rountree. Rountree: Madam Mayor. Does the cost that you identified in terms of what the -- basically the plumbing in the planter are going to cost, does that take into consideration a reduction of versus what ACHD would have to do if they were just simply going to put in a paved surface and a median in terms of striping? Is there a differential? So, that's factored out of what we would pay? Hood: Madam Mayor and Councilman Rountree, I do not -- I haven't seen that side-by- side comparison of what it would cost. I do know there will be -- if I were to guess it's probably going to be close to a wash, because they got to put the curbing in, you know, set some forms around it, whatnot, so -- but I haven't seen that side by side to know we are not getting a credit, if you will, for whatever it would have cost for the asphalt to put that down -- that center turn lane that would be there otherwise. I can let you know what we are also getting out of this, though, essentially, is a credit from ACHD is they are buying the additional couple feet we need on the west side of the roadway, so we can detach the sidewalk and not just have an attached sidewalk. So, the additional couple of feet we need or want for this, they are charging us for that right of way. So, just kind of factoring in all those things out, not having a -- you know, a sheet that says here is what your responsibilities -- I think it probably washes that way and what it really comes down to is we are just paying for the greening up of those areas. So, know that they are willing to put the rest of it in. So, I haven't seen that. Maybe Diane has done that work and knows what the difference is, but I don't think so. Rountree: She's nodding her head yes. De Weerd: Diane, do you want to make -- we keep referring to you and, then, moving into another topic or discussion. Bevins: Madam Mayor, Council Members, I'm Diane Bevins. As Caleb mentioned, I'm the project manager of this project. And we did do a cost comparison for the medians, because they are not warranted, they are at the request of the city for landscaping and it is, essentially, a wash. When we did -- for the bays and the asphalt and all that versus the curb and it's essentially the same amount, so we agree to construct the medians at no extra cost to the city and with the idea that the city would landscape that and so Meridian City Council July 27, 2010 Page 52 of 53 some kind of treatment there. And to answer your other question, the buffers, we -- ACHD doesn't really have a strong preference on what goes in there in the interim, but with the medians, you know, we can't leave a hole there, we have to do something to treat the medians in the interim conditions for safety. De Weerd: So, dirt would be okay. Bevins: In the medians? I'm not -- that's what I'm not sure about. We'd have to check on the medians, get approval. Hood: And certainly we wouldn't want to leave a safety hazard. I mean that's -- we were thinking, you know, grading it up to the bottom or so of the curb to keep that graded with the road, but -- you know, we don't want to be putting anything in there that we are just going to have to rip back out in an interim. So, yes, you can get back to us and we will figure that out and, then, put it on the agenda in a couple weeks, unless -- are there other questions or things we need to work out here or are you guys okay with that? And that being said, you know, I guess that pause wasn't long enough, but the cost share -- you know, the whole cost share policy, we may need to have another discussion about that. I would like to keep those kind of separate, though. I mean the whole disagreement, I'd like to move forward. I'd like the project to move forward. There may be some things in the cost share agreement that the city doesn't necessarily concur with and I think we could talk about that with the ACHD commissioners at a joint meeting if you all want to, but -- but my opinion is this agreement is solid and it's fair, it's right, and I would recommend that we -- we sign it once we can figure out what an interim treatment -- as long as interim treatment isn't fully landscaping it right now or something, so -- De Weerd: Any concerns? Rountree: No. De Weerd: I think I agree it's fair. Thank you, Diane. Hood: That's all I have, Mayor, unless there is any other comments or questions or anything else. De Weerd: No. Hood: Thank you. Item 10: Other Items A. Executive Session per Idaho State Code 67-2345 (1)(f) — To Consider and Advise Its Legal Representatives in Pending Litigation Meridian City Council July 27, 2010 Page 53 of 53 De Weerd: Thank you, Caleb Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Okay. Under other items we have an Executive Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Rountree: Second. De Weerd: I have a motion and a second. Madam Clerk, will, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (9:54 p.m. to 10:18 p.m.) Rountree: Move to come out of Executive Session. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIES: ALL AYES. Rountree: Move to adjourn. Hoaglun: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:18 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ia`i iaolo DATE APPROVED , CITY CLERK MAYOR MY De Weer6 O ATT Jg �E OLM lsl O \1' 00vNn ia`i iaolo DATE APPROVED , CITY CLERK radian City Council i)ATE. E-MAILED TO SW TD SENT TO NOTES �N��p#,S STAFF AGENCY APPLICANT Meridian City Counl ng DATE Juty 27,-2010 ITEM NUMBED: 5D EROJECT N ! FR ITEM TITLE. Approval of Utility License Agreement with Settlers Irrigation District for Water tine Crossings of the Lernp Canal and North Slough MEETING NOTES CLERICS OFFICE MAL.: AC77ON DATE: E-MA&W TO SENT TO SENT TO ETES INITIALS STAFF AGENCY APPL CANT �����0 ����-� ������ AE IDIAN*.,-.-.-., Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 7115110 Mayor Tammy de Weerd CRY coanal Memberss Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Sewer & Water Main Easement for Bridgetower Crossing Subdivision #15 I. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer & Water Main Easement for the City of Meridian, located in Bridgetower Crossing Subdivision #15, by Primeland Investment Group, LLC. This easement provides The City of Meridian access to the sewer and water main being extended to accommodate a revised alignment of the approach from W. McMillan Road. This water and sewer extension will provide service for the new proposed Lots 1 & 2 Block 47 in Bridgetower Crossing Subdivision #15. 2. Authorize the Mayor to sign the easement and the City Clerk to attest it. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Denny Cline, Development Analyst II Supervisor Approval � " -67F5� Scott Steckline Page I of I 489-0372 489-0362 489-0369 489-0363 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f BOISE IDAHO 07/28110 02:29 PM RECORDED nREQUESTOF (II II�IIII"II�I'III�IIIIII�II�III I�I Meridian City 110069284 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this cttk day of TQt.%4 , 2010 between Primeland Investment Group, LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors,desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement easmt.s&w main.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: President Secretary STATE OF IDAHO ) ) ss County of Ada ) On this L* day of _31JM, , 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Frank S. Varriale, known or identified to me to be a Partner of Primeland Investment Group, LLC, the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. KIMBERLY- —VI�INK Notary Public State of Idaho i NOTAkY P IC POR IDAHO Residing at,&&A 0 Commission Expires: / 15 Sanitary Sewer and Water Main Easement easmt.s&w main.doc GRANTEE: CITY OF MERIDIAN Tammy de W Mayor \�� Of MENlij,9y,�'''. G \�p4'PORq TFO SEAL Attest b aycee Holman, City Clerk Approved By City Council On: Q STATE OF IDAHO, ) . ss. County of Ada ) On this �� day of 2Q_/ Q before me, the undersigned, a Notary Public r..� in and for said State, personally ap ed TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. s—� IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �.•••'�41A,9.10066601, 1% , 140r4 �N NOTARY PUBLIC FOR IDAHO Residing at: N '&,B L ! Commission Expires: '0,��. Sanitary Sewer and Water Main Easement easmt.s&w main.doc ■■ ■ ■ Quadrant July 8, 2010 Consulting, Inc. EXHIBIT "A" SEWER AND WATER EASEMENT NO. 1 An easement for the construction and maintenance of a sewer and water main located in a portion of Lot 45, Block 32 of Bridgetower Crossing Subdivision No. 12 as recorded in Book 96 of Plats at pages 11834 thru 11836, records of Ada County, Idaho, situated in the Northeast 1/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 25, 26, 35 and 36 of said Township and Range; thence South 0° 14' 43" West 167.74 feet along the East line of said Northeast 1/4, thence leaving said East line North 89° 45' 17" West 351.12 feet to the POINT OF BEGINNING; thence South 68° 10' 55" East 24.00 feet; thence South 45° 52'08" West 32.85 feet; thence North 680 1015511 West 23.38 feet; thence 17.91 feet along a curve to the right said curve having a radius of 88.00 feet, a delta angle of 11 ° 39' 43" and a long chord bearing North 420 14'40" East for a distance of 17.88 feet; thence North 48° 04'32" East 14.77 feet to the POINT OF BEGINNING; Said easement contains 730 square feet more or less. 1904 W. Overland • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • www.quadrant.cc Civil Engineering • Surveying LO to N M 8L'V£9Z M„ £'ti,* L.OS ------------------- N I LO JTL9L I I Qd0'u Hacl tI'I 'lei I aN V) I �O I Q O m Z zZ I A 0L. I o I a I r N O I I XZ Z I oL I �> -cn 0 0 d in EE m C14 q* ' mN O O Goo CO W (� m Z NI (nZ I O (n Of o:cr r)l CL co ml I zl I I W I XVM aAOxlac, 0C) r. 0 tco o 'N QLqS0doado z fn N zz z 0 z f z l am � I � U 0D 0 I I V) I O Q I I m W� mO I O N^ O c6 ri O M 0_ r) U N V O a0 � O m 00 Z Z O W O W U 1 3 CD M Q Z I ki � N` Z),:�; I Q 00 U -U I Z Z ` Z — .y� O N to k O N rn U O Z Z O0 w5 C 0 2 I m N (D M M Q Z W F- O Z W m C W W Z Z0 O Z J Q >ZUZW} pJOF= m H Q U J O O O W NJ0:tnO ,II III I II I SII III 'll Ir W m Z F- O J O 0 O co U (jw mttg O d' O N UIt Z OJO Q H w 0 M U 0 o c6 (�9D) W J � U U ON 08 N 0� T � 7 W N W 2 ol m Z N O U 00 m n az o� Q N w3 0� ZN a W o2 Z mZm 0 J O LO II Parcel Map Check Report Date: 6-24-2008 Parcel Name: Sewer & Water Easement No. 1 North: 722864.47' Segment#1 : Line Course: S68°10'54.9"E North: 722855.55' Segment#2 : Line Course: S45°52'07.9"W North: 722832.67' Segment#3 : Line Course: N68°10'54.9"W North: 722841.36' Segment -#4: Curve Length: 17.91' Delta: 11'39'43.0" Chord: 17.88' Course In: S53°35'10.4"E RP North: 722789.13' End North: 722854.6' Segment#5 : Line Course: N48°04'31.9"E North: 722864.47' Perimeter: 112.91' Error Closure: 0.01 Error North : 0.001 s� Precision 1:11290.9 East: 2449067.72' Length: 24' East: 2449090' Length: 32.85' East: 2449066.43' Length: 23.38' East: 2449044.72' Radius: 88' Tangent: 8.99' Course: N42°14'40.3"E Course Out: N41 °55'27.8"W East: 2449115.54' East: 2449056.74' Length: 14.77' East: 2449067.73' Area: 729.51 Sq.Ft. Course: N82109'29.2"E East: 0.008 Vidian City Coundt g [ATE: July 27, 2010 ITEM MUBER 5F PROJECT U! ER: zjv M Agreement for the Construction of the Bit#ercreek Lift Station and- Pipelines Project with Bodiford Construction for a Not -To -,Exceed Amount of $1,183,1034 80 and Authorized Change Order for the Addition of Additive Alternative #2 (PropertIy ©caner Services) for $22,065.00 . r■rr�+��..�rrnr.■r■rn■r■�i�■rn■. r+.■■�r.■■■�■w.�rrr■■.�nr�i�i ■■ �r■.��rr..■.�■.■ MEETING NOTES CLERKS OFWCE F#M r4C7Tt?Ai E-MA&tD TO SINT TO SANT TO DATE: STA" AGENCY APPUCMT RTES { g E IDIAN16�,-w Public � D A li O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: July 21, 2010 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoagiun Charles Rountree David Zaremba SUBJECT: AGREEMENT FOR THE CONSTRUCTION OF THE BITTERCREEK LIFT STATION AND PIPELINES PROJECT WITH BODIFORD CONSTRUCTION FOR A NOT TO EXCEED AMOUNT OF $1,183,180.00 AND AUTHORIZE A CHANGE ORDER FOR THE ADDITION OF ADDITIVE ALTERNATE #2 (PROPERTY OWNER SERVICES) FOR $22,065.00. I. RECOMMENDED ACTION A. Move to: 1. Approve the agreement with Bodiford Construction, to construct the Bittercreek Lift Station and Pipelines project Base Bid for a not to exceed amount of $1,183,180.00 and approve the addition of a Change Order for Additive Alternate #2 to construct property owner services at 2275 S. Ten Mile Road for a not to exceed amount of $22,065. This Change Order will be added once the City receives reimbursement for that cost. 2. Authorize the Mayor to sign the Agreement. H. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician II (Project Manager) 489-0364 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 Page 1 of 4 III. DESCRIPTION A. Background: The Bittercreek Lift Station and Pipelines Project is a strategic effort to bring sewer and water services to southwest Meridian. This project was originally bid in 2008 by JLJ Enterprises. Eastern Oregon Construction was selected to perform the work. Partway through the construction of these improvements Eastern Oregon Construction vacated the jobsite and left the majority of the work unfinished. In response to this action, the Bittercreek Lift Station and Pipelines project has been rebid as a city project. B. Proposed Project: The Bittercreek Lift Station and Pipelines Project includes the construction of an expandable lift station with dual force mains to serve Bittercreek and additional future developments. The project is located near the intersection of Amity and Lindy Roads, adjacent to the Bittercreek development. Bid Alternate #1 was for construction of the waterline to connect the Bittercreek Subdivision to the City's water system. This bid alternate will not be executed since JLJ Enterprises has chosen to construct the waterline as a separate developer driven project. Bid Alternate #2, will install water and sewer mains to Mr. Barry Brillheart's property at 2275 S. Ten Mile Road at the Southwest comer of the Overland Rd./Ten Mile Rd intersection. The amount for those services came to $22,065.00 and Mr. Brillheart has agreed to reimburse the city for those costs. Bid Alternate #2 should be awarded contingent upon receipt of the funds from Mr. Brillheart. Bid Alternate #3 was for property owner requests to install water services to their properties along Ten Mile Road. Since Bid Alternate #1 is not being awarded at this time, Bid Alternate #3 also will not be awarded. C. Contractor Selection: The project bid was advertised on June 140' and bids were opened on July 91h, 2010. We received 6 bids ranging from $1,183,180.00 to $1,707,282.77 (See Attached Bid Comparison). The lowest responsible bidder on the project is Bodiford Construction with the low base bid of $1,183,180.00. The proposed change order for Additive Alternate #2 is for $22,065.00 which brings the total project cost to $1,205,245.00. Page 2 of 4 IV. IMPACT A. Strategic Immpact: This project will give the City of Meridian a presence in the southern impact area which is very important for future growth management and aligns with our department's mission of providing modern and reliable facilities. B. Service/Delivery Impact: Currently, the Bittercreek Subdivision utilizes sewer lagoons for wastewater treatment. The completion of the Bittercreek Lift Station and Pipelines Project will make available City sewer services to the Bittercreek Subdivision once a gravity sewer line project from the existing lagoon to the lift station is completed, by the developer. The South Meridian Area has been identified as a viable area for growth and may be the next area that will be developed once the I-84 Ten Mile Interchange is opened (scheduled for June 2011). The City will be able to direct and manage growth to this area once the Lift Station is operable. C. Fiscal Impact: Project Cost Contractor Low Bid $1,183,180.00 Additive Alternate #2 (Brillheart Property) $22,065.00 Total Project Cost $1,205,245.00 Project Funding Lift Station Construction - 3590-96144 $1,500,000.00 Total Project Funding $1,500,000.00 Public Works Department Engineering Estimate Base Bid $1,459,020.07 Additive Alternate #2 (Brillheart Property) $24,025.00 Total PW Department Engineering Estimate $1,48331045.07 IV. ALTERNATIVES A. The City could elect not to complete the project at this time and rebid at a later date. This would make it difficult to complete construction by March 31, 2011 as specified in the Second Amended Bittercreek Meadows Agreement. The Public Works Department believes this could add to the costs and that development in the South Meridian Area would more likely be annexed into outlying areas such as Kuna or Nampa. Page 3 of 4 V. TIME CONSTRAINTS A. Council's approval will allow completion of this project by March, 2011 which meets the contractual completion time. V1. LIST OF ATTACHMENTS A. Construction Agreement with Bodiford Construction. B. Bid Comparison Approved fof Council Agenda: Page 4 of 4 71?- A DA e Z Q 4 &II FE i W G � J LU L LL Oa. U � O �C � z® = o :0 m w 0 Lu$chi z N� r- 0 o • o i CD 0 0 N 0; N W'm a W'0 all ' ID (oOy ^� K O O O I I � . 1A M O f0 i i i I z 0 z 0 i y CD N Z • - o O W _ o C 'a v 0 �0 o p +� C FW- D • N to N N 0 N C � Y LL CL LL vi Cl' � � c o G m QZ O a g 1h ' 3 IL W 0 z az Y aa i- a V< ��� U = W z �Im 0 am 00. O D N W v Z 0 O m �1�310101010111111 MIG10CC111111 01010:130111111 OIDIGI:I3G111111 MIGIMIGIIIIIII '�IGIDID�GIG1111111 DI3DI3DIG111111 3G10:101:111111 GI:10:101:111111 DI:IDI:IOIG111111 HOPublic DIAN*,-.., Works Department TO: Mr. Ted Baird FROM: John Boyd DATE: July 15, 2010 SUBJECT: BITTERCREEK LEFT STATION AND PIPELINES PROJECT Ted, Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Attached to the documentation for the Bittercreek Project is an unsigned contract for your review along with other necessary documents to allow this project to proceed to award on the Consent �-. Agenda for the July 27h City Council meeting. Please consider allowing this project to proceed on the Consent Agenda for that date with the condition that a signed contract is presented to the City Clerk for the Mayor's signature prior to the meeting. Thanks in advance for your consideration. Respectfully Submitted, John Boyd Project Manager xc: File AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES BITTERCREEK LIFT STATION AND PIPELINES PROJECT THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 27th day of JULY, 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 BODIFORD CONSTRUCTION, INC., hereinafter referred to as "CONTRACTOR", whose business address is 7660 N HORSESHOE BEND RD, STE C, BOISE, ID 83714 and whose Public Works Contractor License # is C -10136-U-1 INTRODUCTION Whereas, the City has a need for services involving Construction Of a new Wastewater Lift Station, Pressure Sewer Pipeline, Water Main and Facilities. It is anticipated that the City will add Bid Alternate No. 2, Sewer Manhole and Gravity Main upon third party reimbursement. Upon such reimbursement City will issue a change order adding the bid alternate No. 2; 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, Bittercreek Lift Station and Pipelines Project— page 1 of 12 Project No. 10018d however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to 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. 1.5 Schedule of Work. Final Completion shall occur in 180 days from Notice to Proceed. 2. Consideration 2.1 The Contractor shall be compensated on a Unit Price Work cost basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $1,183,180.00. Bid Alternate No. 2 will be $22,065.00 if added by change Order. 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 Bittercreek Lift Station and Pipelines Project— page 2 of 12 Project No. 10018d made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to 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) March 1, 2011 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 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 Bittercreek Lift Station and Pipelines Project— page 3 of 12 Project No. 10018d Upon receipt of a Notice to Proceed, the Contractor shall have 180 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 two hundred fifty dollars ($250.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 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: Bittercreek Lift Station and Pipelines Project— page 4 of 12 Project No. 10018d 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 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: 6.1 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, 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, Bittercreek Lift Station and Pipelines Project— page 5 of 12 Project No. 10018d CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the 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. 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. 6.3 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. Bittercreek Lift Station and Pipelines Project— page 6 of 12 Project No. 10018d 6.4 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects. 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 Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Bodiford Construction, Inc Attn: Jerald Taylor 7660 N Horseshoe Bend Rd, Ste C Boise, ID 83714 (208) 853-0915 Idaho Public Works License #: C -10136-U-1 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. Bittercreek Lift Station and Pipelines Project— page 7 of 12 Project No. 10018d 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 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. Bittercreek Lift Station and Pipelines Project— page 8 of 12 Project No. 10018d 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or 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. Bittercreek Lift Station and Pipelines Project— page 9 of 12 Project No. 10018d CITY OF MERIDIAN ii ,� t_ • tMAYOR10 Attest: HOLMAN, CITY Approved as to Content of IRK epartmi0fit r val BY: ,410 4 *% 40, ny o074 KEITH WATT PURCHASIN MANAGER mated: 11 ^7,01 /40 /1 Approved as to Form CITY ATTORNEY Bittercreek Lift Station and Pipelines Project — Project No. 10018d NAME: ABsri&J TITLE: _g= w Aiex,&t"d_ Ami,1 Dated: 2 z !® page 10 of 12 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW10-10018d ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -10-10018d, are by this reference made a part hereof. The project consists of a domestic wastewater lift station, two parallel force main lines (10 -inch and 6 -inch diameter). The wastewater lift station will have submersible pumps, and it will be located south of West Amity Road between South Black Cat Road and South Ten Mile Road. Two parallel force main pipelines will be routed east along West Amity Road to South Ten Mile Road, then north on South Ten Mile Road to its connection with existing sewer force main pipelines south of West Victory Road. The potable water pipeline will parallel the force mains from South Nickel Creek Place to its connection to the existing water main south of West Overland Road on South Ten Mile Road. Base Bid: Construction of domestic waste water lift station and pressure sewer. Bid Additive 2: Installation of a 60 -inch sewer manhole on an existing gravity sewer main and a new 8 - inch gravity main stubout. Bittercreek Lift Station and Pipelines Project— page 11 of 12 Project No. 10018d Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $1,183,180.00. BASE BID TASK DESCRIPTION AMOUNT A. Pressure Sewer $631,436.00 B. Lift Station $551,744.00 BASE BID TOTAL $1,183.180.00 Bid Alternate to be added by change order if City receives reimbursement by third party. ADDITIVE ALTERNATE NO 2 TASK DESCRIPTION AMOUNT A Install Gravity Sewer Manhole and Main to Property Owner $22,065.00 ADDITIVE ALTERNATE NO 2 BID TOTAL $22,065.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Bittercreek Lift Station and Pipelines Project— page 12 of 12 Project No. 10018d Mw,-7-dAon City Count ~n.g �'�'`E: July 27 2010ITEM M R PSR QCT NUM ITEM! TITLE. Amendment No. 2 for the Eskel Porter Contract for the Hansen 8 Implementation. Request to Amend the Completion Date From the Original Completion Date of February 28, 2010 to September 30, 2010 and to Approve the Reallocation Funds Within the Original Agreement Dated October 28, 2009 MEETING NOTES CLERKS OFRCE FMML ACTT t DATE: E4 .ED TO ' SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPUCANT E IDIAN:--- CITY OF MERIDIAN CONTRACT AMENDMENT No. 2 CONTRACTOR NAME: DEPARTMENT NAME: Eskel Porter Consulting, Inc. Public Works — Wastewater Div. ADDRESS: ADDRESS: 723 S. Street 33 E. Idaho Sacramento, CA 95811 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Amendment Date: 7/27110 Previous Amendments: I Current Contract Dates: START: 10/28/2009 COMPLETION: 2/2812010 Current Contract Amount (inclusive of Previous Amendments to Date): $74,460.0 CHOOSE ONE AMENDMENT COLUMS BELOW, either "STANDARD AMENDMENT- or "AMENDMENT TO EXERCISE OPTION TO RENEW' and check off any applicable amendments under that column. STANDARD AMENDMENT AMENDMENT TO EXERCISE OPTION TO RENEW (Check all dW Aooly) (Check a# MAI amM Amendment to Contract Performance (Scope) Amendment to Contract Performance X_ Amendment to Contract Dates Amendment to Contract Dates Amendment to Contract Amount Amendment to Contract Amount X Other. (Explain) Reallocation of Funds Other. (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendment): Move existing funds from the Training & Travel Tasks to the Configuration of the GeoAdministrator Task (see attached breakdown) and extend the completion date to September 30, 2010. These changes do not require or authorize the expenditure of any additional fees. NEW CONTRACT INFORMATION: Amendment Date: 7/27/10 New Contract Dates: START: 10/2812009 COMPLETION: 9130/2010. Amount of Amendment Change $ N/A . Current Contract Amount pnc/uslVe of Previous Amendments to Date): 874.480.00. ALL OTHER TERMS AND CONDITIONS OF THE ORIGNAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OFME IAN BY: �!y!�!u TAMMY d EERD, MAYOR Dated: — 10 .�`�Of M Approved by Council: 31 IJAA Attest: = BEAU Co'� CE OLMAN, CITY CLERK--,. ESKEL PORTER CON LTING, INC. BY: I TIM LEE Dated: (til l zo 10 Approved by City s C me t BY: KEIT ATTS, Pu9cF?AS14G MANAGER /"1 Exhibit B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $ 74,460.00 including travel expenses. . Fees will be billed monthly for hours expended against task items listed in the following schedule of values. TASK DESCRIPTION STAFF ESTIMATED HOURLY SUB REQUIRED HOURS RATE TOTALS A. Project Management Tom Callison 56 $187.50 $10,500.00 B. Core Team Training Keri Daniels 24 $165.00 $3,960.00 C. Initial Advanced Configuration Training- Kerri Daniels 32 $165.00 $5,280.00 Configuration Tools D. Initial Advanced Configuration Training — Kerri Daniels 0 $165.00 $0.00 Administrative Tools E. Additional Advanced Configuration Training — Kerri Daniels 32 $165.00 55,355.00 Configuration Tools F. Additional Advanced Configuration Training — Kerri Daniels 16 $165.00 $2,640.00 Configuration Tools G. Technical Consulting Services Kerri Daniels Tem Lee 40 $165.00 $6,600.00 H. Installation with Shadowing Tom Callison 2 $187.50 $375 Tim Lee 8 $165.00 $1.320.00 l Geo Administrator GIS Consultant 80 $165.00 $13.125.00 Installation $ Training Tom Callison 2 $187.50 $375.00 J. Data Conversion Tim Lee 40 $165.00 $6,600.00 Tom Callison 4 $187.50 $750.00 K. Data Conversion Analysis Tim Lee $8 $165.00 $1,320.00 L Business Process Review Tom Callison 24 $165.00 $3,960.00 M. Travel Expenses NTE $12,300.00 TOTAL $74,460.00 meal expenses will be reimbursed up to a maximum of the GSA Domestic Rates with actual receipts provided. Airfare, Hotel & Car rental expenses to be reimbursed at 100% of receipt with prior approval by Rich Dees. Any variance must be approved by Rich Dees of the City Wastewater Treatment Division. n HANSEN 8 IMPLEMENTATION page 1 of 1 City cocm- SATE: July 27, 2010 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Final Order Granting and Additional 18 -Month Time Extension for Approval: TE 10-016 Trilogy Subdivision by Conger Management Group Located 4325 W. Ghinden Boulevard: Request for Approval of an Eighteen (18) Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat �4I�I�IrIIYr��gIII11�I1�IrtlrrrrirIlrYrl��l �r�rlrl�lrp ��Ir�r� METING MUTES r�Wl`�rl��irr�rwY�lrpl�n�rrllrp�r rir�nurrrrr�r���r�� CLERKS OF -RCE RMAL AC770M E-MAILED TO SENT TO SENT TO DATE: E-MAILED AGENCY APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR AN 18 MONTH TIME EXTENSION TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON A FINAL PLAT FOR TRILOGY SUBDIVISION, LOCATED IN THE NW V4 OF SECTION 27, TAN., 1;L1W , MERIDIAN, IDAHO BY: Conger Management Group APPLICANT CIC July 6, 2010 CASE NO. TE -10-016 ORDER GRANTING AN ADDITIONAL EIGHTEEN MONTH TIME EXTENSION FOR TRILOGY SUBDIVISION This matter coming on regularly before the City Council on June 22, and July 6, 2010, upon the Applicant's submittal of a time extension application for an additional eighteen month extension within which to obtain the City Engineer's signature on the Trilogy Subdivision Final Plat, which was originally approved on November 8, 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 November 21, 2011, of this Order within which to obtain the City Engineer's signature on a Final Plat subject to the conditions of approval as shown in the attached Staff Report for the hearing date of July 6, 2010 incorporated by reference. Attached: Staff Report for the hearing date of July 6, 2010 ORDER GRANTING AN ADDITIONAL EIGHTEEN (18) MONTH TIME EXTENSION FOR TRILOGY SUBDIVISION (TE -10-016) Page 1 of 2 By the action of the City Council at its regular meeting on the 2010. DATED this _�� day of ;'-7yt— day of 2010. Mayo ,/,dmmy de Weerd Attest: \�,.�`�y O¢ M/�j�'',.,�� o SEAL raycee0olman, City Clerk Copy served upon Applicant, PI e,�`public Works, and the City Attorney. BY: Dated: 7 12, R'// ORDER GRANTING AN ADDITIONAL EIGHTEEN (18) MONTH TIME EXTENSION FOR TRILOGY SUBDMSION (TE -10-016) Page 2 of 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT HEARING DATE: July 6, 2010 Continued from June 22, 20100; E IDIAN%_�-- IDAHO TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner SUBJECT: TE -10-016 - Trilogy Subdivision Preliminary Plat Time Extension I. APPLICATION SUMMARY The applicant, Conger Management Group, requests approval of an 18 -month time extension to obtain the City Engineer's signature on the final plat for the first phase of Trilogy Subdivision. The subject plat consists of 145 building lots and 17 common lots on 29.31 acres of land in the R-8 zoning district. One 18 month time extension was previously approved by the Director which expired on May 21, 2010. Due to continuing market conditions, the applicant has been unable to meet the time requirements for obtaining the City Engineer's signature on the final plat specified in Unified Development Code (UDC) 11-6B-7. For this reason, the developer requests an additional 18 month time extension. II. STAFF RECOMMENDATION Staff recommends approval of an 18 -month time extension to obtain the City Engineer's signature on the final plat for the first phase of Trilogy Subdivision as requested by the applicant, to expire November 21, 2011, with the conditions included below in Exhibit B. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TE -10- 016, as presented in the staff report for the hearing date of July 6, 2010. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TE -10-016, as presented during the hearing on July 6, 2010 for the following reasons: (You must state specific reasons for denial and what the applicant could to do to obtain your approval in the future.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number TE -10- 016 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located off the southeast comer of N. Black Cat Road and Chinden Boulevard, in the NW % of Section 27, Township 4 North, Range 1 West, B. Owner: �...� Corey Barton, Viper Investments, LLC 1977 Overland Road Meridian, ID 83642 Trilogy Subdivision PP TE.doc Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT C. Applicant: Conger Management Group 1627 S. Orchard Street, Ste. 24 Boise, ID 83705 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. UNIFIED DEVELOPMENT CODE Per UDC 11 -6B -7A, approval of a preliminary plat shall become null and void if the applicant fails to obtain the City Engineer's signature on the final plat within two years of the approval of the preliminary plat. Per UDC 11 -6B -7C, upon written request and filing by the applicant prior to the termination of the allowed time period, the City Council may authorize a time extension up to 18 months. With all extensions, the City Council may require the plat to comply with current provisions of the UDC. VI. PROCESS FACTS A. The subject application is for a time extension. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 31, and June 14, 2010 C. Radius notices mailed to properties within 300 feet on: May 24, 2010 D. Applicant posted notice on site by: June 27, 2010 ,,..� VII. HISTORY OF PREVIOUS ACTIONS: • This property received annexation and zoning (AZ -06-032) approval from City Council on November 8, 2006 with R-8 zoning and a development agreement (Instrument #107025553). A preliminary plat (PP -06-032) was also approved for 145 single-family residential building lots, 12 common lots, 4 private street lots, and 1 future right-of-way lot on 29.31 acres of land. • An 18 -month time extension (TE -08-023) to obtain the City Engineer's signature on the final plat for the first phase of development was approved by the Director on October 17, 2008 and expired on May 21, 2010. VIII. STAFF ANALYSIS This is the first time extension requested for approval by City Council. An 18 -month time extension was previously granted by the Director but has now expired. The Applicant has met the necessary deadline by filing a written request for a time extension before the preliminary plat expired. As conditions of approval of the previous time extension, the developer was required to submit a development agreement modification application to include sample building elevations for this project prior to Council approval of the final plat. The developer was also required to modify the preliminary plat to comply with the current open space requirements found in UDC 11 -3G -3A1, or submit documentation that the current plat requires with the minimum standards, prior to Council approval of the final plat. These conditions of the previous time extension are still applicable, but have been modified to include design objectives for future residences. V. EXHIBITS 141"N A. Drawings 1. Vicinity/Zoning Map 2. Approved Preliminary Plat (dated: 9/20/06) Trilogy Subdivision PP TE.doc Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT B. Conditions of Approval ,0"\ Trilogy Subdivision PP TE.doc Page 3 CITY of MI R1DIAN PLANNING DEPARTMf.;N"f STAFF REPORT Exhibit A.l — Vicinity/Zoning Map ,"N, Trilogy Subdivision PP TE.doc Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit A.2 - Approved Preliminary Plat (dated: 9/20/06) Trilogy Subdivision PP TE.doc Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Exhibit B — Conditions of Approval The applicant is to meet all terms of the approved annexation (AZ -06-032), development agreements (instrument #107025553), preliminary plat (PP -06-032), and time extension (TE -08- 023) for this development as modified below. The applicant shall, before submittal of the first final plat application, submit a development agreement modification application to modify the development agreement (DA) (instrument # 107025553) to include sample elevations consistent with the architectural guidelines of Section E. of the Meridian Design Manual.Further, the design of residences facing roadways and the subdivision perimeter shall incorporate two or more of the following features to articulate facades: ■ awnings ■ balconies • entries and porches ■ decorative or omamental detailing ■ exposed trusses, roof brackets, window trim, arches and cornices ■ a mix of material patterns such as board and batten, horizontal and vertical lap siding, shake or shingle and changes in colors. The DA amendment shall be recorded prior to the City Council approval of the final plat. 2. The applicant shall modify the preliminary plat to comply with the current open space requirements found in UDC 11 -3G -3A1 which states "the total land area of all common open space shall equal or exceed ten percent (10%) of the gross land area of the development " Current preliminary plat shows about 7.71% open space. Applicant suggests the open space was miscalculated in the preliminary plat and is actually 14% (see email from Nancy Cyr dated October 16, 2008). The Applicant shall meet the 10% open space requirements prior to the City Council approval of the final plat. Page 6 Trilogy Subdivision PP TE.doc Akwidlen City Council M4WOg VATE: 27 2010 ITEM PRO ITEM TITLE; Resolution No. 10-2331 : A Resolution Vacating Three (3) 20` x 29 City of Meridian Water and Sewer Easements on Lots 1 and 2;Lot 2 and Lot 10, Block 2 Receded with Gramercy Subdivision No. 1, Located in the Northeast'/. of Section 20, Township 3 Neth, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and Providing an Effective Date MEETING NOTES V CLERKS OFFICE FWL ACTION ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 3 BOISE IDAHO 07/28/10 02:29 PM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III RECORDED -REQUEST OF 110E�98 Meridian City CITY OF MERIDIAN RESOLUTION NO. 10---7-33 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION VACATING THREE (3) 20' X 20' WATER AND SEWER AND EASEMENTS ON LOTS 1 AND 2; LOT 2; AND LOT 10, BLOCK 2 RECORDED WITH GRAMERCY SUBDIVISION NO. 1 LOCATED IN THE NORTHEAST `/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 13, 2010 the City Council of Meridian, held a hearing on the vacation of three (3) 20' x 20' water and sewer easements on Lots 1 and 2; Lot 2 and Lot 10, Block 2 recorded with the Gramercy Subdivision No. 1 located in the Northeast `/4 of Section 20, Township 3 North, Range 1 East, 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 three (3) 20' x 20' water and sewer easements on Lots 1 and 2; Lot 2 and Lot 10, Block 2 recorded with the Gramercy Subdivision No. 1 located in the Northeast `/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, are 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. VACATION OF WATER & SEWER EASEMENTS FOR GRAMERCY SUBDIVISION NO. I - VAC 10-004 Page 1 of 2 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2010. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this J3,*t'—day of , 2010. ' ' 1 MMY de WEERD SEAL IE IoM % 'gyp vsr iso • 1 •t0,` /���1111111 111111``\\ ATTEST: JAYCEE L. HOLMAN, CITY STATE OF IDAHO, ) ) ss County of Ada ) On this ( day of 2010, before me, the undersigned, a Notary Public in and for said StatV, 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. (SEALA h-*XN* a % %40Tq� ~•O`f' r• "' OF 1D �;.•`'� '►ttgffaN��� pd&)4a'—� NOTARY PUBLIC FOR IDAHO RESIDING AT: D '/ MY COMMISSION EXPIRES: Xi VACATION OF WATER & SEWER EASEMENTS FOR GRAMERCY SUBDIVISION NO. 1 - VAC 10-004 Page 2 of 2 LOT 3 N QO R.P.O.B. VACATION '6' LOT 6 m E. OVERLAW RD LOT 2 SUgp . Np . N 89'46'02'E EASEMENT VACATION 'B N 20.00' 400 SI ' + /- i7T�S 00'13'58`E "f N 00'13'58'W �---20.00' 20,00' r S 89'46'02-W 5 8T46'021Yr% i 2000' 5.00' N 44'46'02'E N W13I58V 21.21' 15.00' LOT 7 o 2 t��CY- LOT 1 I f B9'46'02'E . EASEMENT VACATION 'A' 20.00' 400 SF, ! !. - S 0(713'58'E J X20.00' y S ;46'02'W \ 15.00' R.P.O.B. VACATION 'A' f 1 0 LOT 8 O --q O f to I c 0� 0 O f z f I LOT 19 - E, GALA CT. / LOT 10 Np �--- \1�' yc � I S 40'50'03'E --'SN U46'02'E EASEMENT VACATION 'C' 7729 gp� 32.27'-20,00' 400 SF, VtiCATIUN 00'13'S8`E N 0013'S8� a 20.00' O � S 89'46'0214 20.00' 1'=60' PROPOSED WATER & SANITARY EfGINEERING 6/15/10 bkb SEWER EASEMENT VACATION 100501 GRAMERCY SUBDIVISION NO. 1 SOLUTIONSLp SHEET ozl V 1 OF 1 IA)I„AIfA) IN Iie_ N;, iJ{ (!r IL('I(itl 2C Ij rWDIAN, 1{lAj,fr) RIE42 7 ;N , a If .. 14 m , -•!I: 1M IV,N, AbA ,. t,INT`r, ?f'1AN(; S.hrr+n (?vhl 13S-Osm FJ. (.CB) 933-04^1 �. _, . F �< ,., ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 08/04/10 10:58 AM DEPUTY Vicki Allen RECORDED -REQUEST OF II I I I II I II �I I �I IIII I I'I'I II I II I II'll Meridian City 11 0471760 CITY OF MERIDIAN RESOLUTION NO. 10 ' _73q- BY 73 1 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION VACATING THE PUBLIC ACCESS/UTILITY EASEMENTS ON LOTS 4, 5, AND 7, BLOCK 1 OF THE COURTYARDS AT TEN MILE SUBDIVISION LOCATED IN THE NORTHWEST '/4 OF THE SOUTHWEST '/4 OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 6, 2010 the City Council of Meridian, held a hearing on the vacating of a portion of the public access/utility easements on Lots 4, 5, and 7 Block 1 of the Courtyards at Ten Mile Subdivision located in the Northeast '/4 of the Southwest '/4 of Section 11, Township 3 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. 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 access/utility easements on Lots 4, 5, and 7, Block 1 of the Courtyards at Ten Mile Subdivision located in the Northeast '/4 of the Southwest '/4 of Section 11, Township 3 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. VACATION OF PUBLIC ACCESS/UTILITY EASEMENTS FOR COURTYARDS AT TEN MILE - VAC 10-005 Page 1 of 2 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2010. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this pZ� day of _ , 2010. ATTEST: JAYCEE L. HOLMAN, CITY STATE OF IDAHO, ) ) ss County of Ada ) 0— MAYOR T Y de WEERD OF MERi PORgT -. F ; E SF.AL -'. -f►►� T � g'(• .tom \.` %9 C,UNT`I On this 9-744- day of 2010, before me, the undersigned, a Notary Public in and for said State, ersonally 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. (SE ' ••`••' ••. NOTARY PUBLIC FOR I HO �arq$ s RESIDING AT: MY COMMISSION EXPIRES: BC ••: OF IDN VACATION•bA 'iC ACCESS/UTILITY EASEMENTS FOR COURTYARDS AT TEN MILE - VAC 10-005 Page 2 of 2 Exhibit A.. — Easements Proposed to be Vacated War Na 1032M011 `FJHEAYENU TEN MILE STUN DRAIN 1t W. x•rsootw•�+arr N88'S0'00•E • 250.13' N88' 02•W130.02' ujw�.i,na80'Fc�lo � >t tt o. MN'2702W 17a.7r NK•1f1t1Y I6• acam n - r f �>.cz�cr.�.r■ / tT1•<F:7 C71fC.C• .• r...�1r!i_-.,:1 L': r7 t"�i:1[:"':fes `1 %� <�Ir i rc,r.W-IMrr�aF . --aa rrr.aWrmn-rraAurtr 2�Ar^arr^rc.• a�■jF-as r'fG ar:>.r.rar'*`arr.-r'arrrar^rr r l Ri!7 r'a-ar�r-a Mr7 ir�T'7 r'T('\l .�'r.rrtrarr.as-;•�vr17�a - r.� KI mrar-ra fir, arrar-lr':n� t'_7 fT{r ■rat-."�'"i i7TJ1T":S'/S'1 ln'ir'77 S7 OK rn-asAr,-A r- Ar -.n -I s. S•'rft,t; Q c kp 2r 1 27' WEST Y CORNER SECTION 11 a ? OC1 �: � S89°18'18" �19.80 t%3 '�° N01W414r8 7 mB2, 18'1 889°8"S - 73,37' 10 11 SOUTHWEST CORNER SEO'nON 11 15 14 EXHIBIT Aq I"=30' BLOCK 1 0 ' 889°18'18' $00.41'42 W '• 26.45 T 20.00' '•, •`'�zh =5.90', R 7.50' r X1=46°05`28" CHORD = 823°14'26` W - 6,76' -I kpDB 17.79 41'42 00-41-42V C6, 8"W 8"W --•-- _ Lsa9.1a'18"I;-17.84' W. TREVA DRIVE o -COMPUTED POINT CITY OF MERIDIAN SEWER & WATER EASEMENTS BLOCK It THE COURTYARDS AT TEN MILE SUBDIVISION LOCATED IN THE NW 1/4 OF THE SW 1/4 OF SECTION 11, TOWNSHIP 3 NORTH, RANUE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO SND 800°42'44V - 2648.35' BASIS OF BEARING Timm D00O w � mom8v ;z 1 VI FG) om N 0J�--i� zA o cia) co f�n m�D m0vco 0 zm ULz CIO N TEN MILE ROAD �so� • N o m o ' 01 N. GRAY CLOUD WAY 0 z I � S 1 m r 20.00' zi30A0 , f �g 9> La 9 m X X ou ni I . � I l TEN MILE DRAIN EASEMENT m X X ou Aleddhw City ONWM -10 r July 27, 2010 Two additions to complete the Meridian Senior Center Lease 5.6 Tenant shall not place or allow to be placed any mortgage or deed of trust or other encumbrance on any improvements on the Leased Premises or on Tenant's interest in the Leased Premises without the prior approval of Landlord. 6.1� In order to mutually support the sources of revenue necessary for Tenant to successfully operate and maintain its Senior Center operations upon the Premises the parties hereto agree r� that at all times during the term of this Lease and any extensions thereof Landlord shall not itself or through a third party provide or allow services to be provided or goods to be sold in any a building built upon Landlord's property adjacent to the Senior Center which would compete with three fundraising activities of the Senior Center: a thrift shop, licensed bingo/gaming services, or a catering kitchen, without the pricer approval of Tenant. All competing uses within the public park or any of its public shelters shall be permitted. Tenant and Landlord's Department of Parks and Recreation shall communicate with each other on its uses in an effort to minimize conflicts with events taking place in the adjacent public park. Or,kCity Coundf Afeeft DATE: Ju 27 201 0!TEJA -t40R: A P I CT ` t R:P 10-004 ITEM TITLE; Spumving Greons Final Plot approval for 2 residential building lots and 2 common tots on approximately 2.13 acres in an R-2 zoning district by Uon Land, LLC - oppro rnately 1/4 mile north of Chinden Boulevard, west of Spurwing Subdivision MEETING -NOTES CLERKS OFFICE FWAL ACTION irn City Couneft Maon City. Counco mnft PC �,i�EI�IDIAN�- Interoffice Memo 07/27/2009 To: Mayor & City Council From: Accounting Manager, Todd Lavoie Ref: FY2011 Budget and FY2010 Budget Action Needed: 1. Council to tentatively approve the proposed revenues and expenditures for Fiscal Year 2011 $6892639267 (Sixty -Eight Million Two Hundred Sixty -Three Thousand Two Hundred and Sixty -Seven Dollars) 2. Council to approve the amended revenues and expenditures for Fiscal Year 2010 $655,8945051 (Sixty -Five Million Eight Hundred Ninety -Four Thousand and Fifty -One Dollars) AfedOmn City oWWtw CLERKS OFFICEMAL,>AC;T I Moddlan -City Cecil f July 22, 2010 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager Tim Curns, Transportation and Utility Coordinator RE: Transportation Update, Summer 2010 July 27, 2010 City Council Workshop Agenda Item This memo has been updated from its earlier, July 13th workshop version. All additions and changes are shown in strike -through, bold and underline. NOTE: Staffs analysis is in italics. Below is a summary/update on some of the transportation and roadway projects City Staff has been involved with over the past couple months. This is not an exhaustive list, but rather highlights some of the more important activities that have recently transpired (or are about to transpire) in the transportation realm. Staff will be at your July 1327th mop meeting to discuss these items, but Staff does not intend to go through all of these projects in detail during the werlcshetrmeeting. Instead, staff will be available should you have any comments, concerns, or questions you would like to bring up. Please feel free to contact me should you have any comments, concerns, or questions on any of these topics before, or after, the wer-kshep-meeting. • STIP Overview: On July 6th, the Idaho Transportation Department released the Draft 2011-2014 STIP (htip:Hitd.idaho.goy/ 1p annin stiff/.) The public comment period on the STIP goes into the first week of August. There are no substantive changes between the current STIP (FY10-13) and the Draft STIP (FY11-14) to the list of regionally significant, locally funded (ACHD), projects. Statewide there are seven highway expansion projects programmed for construction in the STIP. Only one of seven expansion projects in the state is in Southwest Idaho; the Wye Interchange Stormwater Retention Pond is a new expansion project in District 3. Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 DL........ 0 00. . _ C-... -0 000 CO-. _ ...........�nr:.l:-.n.-:F.....n Page 2 Some of the key transportation programming changes occurring in the Draft STIP documents for Southwest Idaho (ITD District 3 and Northern Ada County) include: • Removal of Meridian Road Interchange Bridge Rehab/Restoration project. Was in 2013, now it is not a listed project. • Removal of U.S. 20/26 Corridor (right-of-way) Preservation. There was $872,000 shown in 2010, 2011 and 2012 for ROW preservation. • Removal of SH 44 Preservation project. There was about $1 million shown in 2010, 2011, 2012 and 2012 for ROW. • There are a couple of new state bridge replacement projects (US 20/26 — Broadway Avenue in 2015, at a cost of about $20 million; and a new bridge at Scorpion Creek and SH 78, at a cost of about $1.1 million), in the STIP in ITD District 3. • The intersection of Franklin/Black Cat has moved into the STIP for construction in 2014 (this project was part of the Franklin Road widening project between Ten Mile and Black Cat, shown as PD in the 2010-2013 version of the STIP.) • The Three Cities River Crossing Project shows $1.2 million for right-of- way in 2014. In the current STIP there is about $3 million for right-of-way in 2010. NOTE: This is an earmark project. Does the Couneil want to send any eomments to !TD on the Draft 2011 2014 STIP? Staff has drafted a letter for the Mayor and Council's consideration. Staff will be seeking comments on this draft letter, before sending it to ITD. • TIP Overview: On Mondav, Julv 21St, the COMPASS Board authorized the release of the FY2011-2015 TIP. Not only are there several proiect changes to the TIP (see summary below: similar to STIP summary above), the format of the TIP has changed. Honestly, City staff has spent a lot of time comparing the draft TIP to the adopted TIP and STIP and is very confused and frustrated. Part of the problem is that ITD and COMPASS are starting to group proiects together (this grouping doesn't occur for "maior" proiects, but it makes it confusing for a lot of the program). Staff finds it VERY difrcult to figure out how much is being spent on each proiect and in what vear. Here are some of the maior changes I do understand o US 20/26 (Kev No. 07826) and SH -44 (Kev No. 07827) are being removed from the Program. The COMPASS Board recently sent a letter to ITD stating concern for the removal of these proiects. The region has already invested quite a bit of time, money and effort in these key transportation corridors. o Three Cities River Crossing Proiect (Kev No. 09189) is still in the TIP, but ROW acquisition is being delayed one year, from 2010 to 2011. o The US 20/26, Broadway Bridge (Kev 11588) has been significantly changed in scope. In the current TIP/STIP it is a bridge rehab/preservation pro iect. In the draft TIP/STIP it is shown as a bridge Page 3 replacement proiect. Costs have gone from about $6M (as a rehab proiect) to about $20M (as a full replacement proiect) with this change is scope. This bridge does have a very low sufficiency (safety) rating o The Meridian Road IC (Key No. 11589) has been removed from the program. This was a bridge rehab proiect in 2013 at a cost of $13M ITD staff did call me back and let me know they are trying to rt this back into the program in 2012, it was an oversight that it was left out. o In District 3/TMA, there are three NEW restoration proiects in the TIP/STIP (two at/near the I-84/Eisenmann Interchange, $13M; and one on SH -21 near Robie Creek, $350k), and one expansion proiect (I-84, Wye Interchange Storm Retention Pond, $885k). Staff proposes sending a similar letter to COMPASS regarding the draft TIP, as is being prepared for the ITD STIP. Do the Mayor and Council want to do something different? The TIP public comment period is open until August 23rd • TIGER II Grant: This week, staff found out that ITD is moving forward with a TIGER II Grant application for a new Meridian Road Interchange. If awarded the grant, ITD is going to provide a 25% match (about $9 million) for this project. Applications are due August 23, 2010. This grant application is being prepared in conjunction with COMPASS staff. ITD/COMPASS has asked the City to help with this application as well by demonstrating that we are an active partner. This includes: 1) Writing a letter to ITD stating that the City is willing to help acquire any right-of- way that is necessary for the project. (First, I don't think much/any ROW is needed for this project. Second, other than making contact and asking the property owners to cooperate, I'm not sure how else the City can help - a monetary contribution was not mentioned.); 2) Including in the letter that the City will assist by working with the canal companies, where needed, to get access and easements for this project; 3) Agreeing to install and maintain landscaping associated with the project; and, 4) Sharing our bike/pathway plan with ITD and COMPASS to show that we have planned for a safe crossing at Meridian/I-84. During the kshop, staff seek direetion from the Couneil on the first three partnership requests listed above,- and ,the general rk f., a letter to !TD-. Staff has drafted a letter for the Mayor and Council's consideration. Staff will be seeking comments on this draft letter during the Julv 27th meeting, before sending it to ITD. • ACHD Budget: On Wednesday, July 14th, I sent an e-mail summarizing the draft FYI ACHD budget. Here is another brief summary: The ACHD anticipates $85.4 million in revenue in 2011 (or $84M without the 3% property tax increase). About $5M of the $85M is carryover from FY10. o Of the $85.4 million, Labor accounts for $20.7M. Operational accounts for $23.1M, and Capital Proiects accounts for $41.6M. ■ The $20.7M for Labor includes a 6.2% increase (or $1.2M) over the amount budgeted for FY10. This additional 6.2% (or $1.2M) is being budgeted for a 2% merit raise pool (about $200K); an increase of Page 4 about 25% in insurance premium costs: and removing the requirement for furlough days from staff. ■ The $23AM for Operation and the $41.6M for Capital Proiects is about the same amount as in FY10, if you include the carryover funds. • Of the $41.6M for Capital Proiects, maintenance is about doubling — from $3.7M in FY10 to $8M in FY11. Most of this increase is for additional overlays. Less of the Capital Proiects funds are being budgeted for roadways ($19AM down to $14AM), but more is being budget for intersections ($1.6M up to $9.4M). About $4.5M less is being budgeted for bridges in FY11 ($2.2M) compared to FY10 ($6.7M). After reviewing the draft budget information, staffs Primary concern is that if the ACHD Commission does not take the 3 % Property tax increase one of the line items to take a hit is Meridian Split Corridor Phase II. (It appears that the ACHD is leaning towards not taking the 3% property tax increase and will therefore decrease the amount GROW they buy in 2011 for the Split Corridor Phase H proiect. ACHD has about $2.5 million programmed now for Phase II, but in the no tax increase option, they take out $368k of that. In staffs opinion, WACHD can keep the Split Corridor Phase H on track for construction in 2013 it Probably doesn't matter if some of the money for 2011 ROW acquisition slips into 2012. FYI - The other budget items that would be decreased in Option 2 include: a reduction in accounting software licenses ($74k); a reduction in Traffic consulting ($125k); a reduction in maintenance equipment and pavement repairs ($451k — although overall this line item will still be going up about $4M over FYI 0); a reduction in corridor Preservation money ($100k); and Meridian Road Interconnect equipment ($182k). • Federal Grants: COMPASS staff is developing application for three grant opportunities 1) Sustainable Communities Planning Grant — This grant would fund development of a regional plan for sustainable development. (see more below) 2) Community Challenge Planning Grant — This grant is for development and land use planning along State Street/SH-44. City Staff is not involved with this rant. 3) TIGER II Planning Grant — This grant is for the funds needed to perform the High Capacity Corridor Alternatives Analysis (rail corridor/I-84 alternative). rd These grants require a 20% local match, and must all be submitted by August 23. Page 5 COMPASS is asking for help, particularly with the Sustainable Communities Planning Grant application. This grant covers a lot of elements, including• land use, housing, economic development, transportation, energy, water and environmental planning. Some City Staff involvement that could be provided includes: myself (Caleb — land use, housing, and transportation elements), Mollie Mangerich (Public Works — energy, water and environmental), and Brenda Sherwood (Mayor's Office - economic development). Some of our staff time would be a resource, and considered an in-kind match, we could offer un to COMPASS (at least Planning staffl. • Transportation Task Force (TTF): During the June 3`d TTF meeting the members discussed the draft Communities in Motion document. A short video, and handouts were reviewed along with the draft funded and unfunded CIM corridors. Comments were com�iled by each member present and then sent to COMPASS staff. During the August 5t meeting, the TTF will discuss the draft TIP and STIP and Bus service planning in Meridian. Eagle Road Resurfacing_ The resurfacing project on Eagle Road, between I-84 and Fairview, is nearing completion. Recently, the railroad crossing was replaced. Crews are working a Sunday -through -Thursday, 8 p.m to 6 a.m. schedule to minimize inconvenience for drivers. Two lanes each way, with turn bays, will be maintained at all other times. The speed limit is reduced to 35 mph. The entire project should be completed except minor change order work and final clean-up items by the end of the month. Central Paving Co. Inc., of Boise, is the contractor on the $1.35 million project. • Ten Mile Interchange: ITD opened a third lane on I-84 between Ten Mile and Black Cat roads over the last weekend in June. I-84 between Ten Mile and Black Cat roads will be reduced to two lanes in early 2011 for two weeks while the bridge falsework is removed and again for a few months while crews pave I-84 near the Ten Mile bridge. Work will begin at 8 a.m. each day and be complete by 5 p.m. Traffic will continue to use the temporary gravel road through the weekend. Ten Mile Road is closed between Franklin and Overland roads during construction. The $33.8 million project is expected to be complete in summer 2011. Three Cities River Crossing: On June 17th, the City sent a letter, signed by the Mayor, to the ACHD Board of Commissioners regarding the Three Cities River Crossing Project. ACHD is holding a public hearing on this project in the evening of July 21St It is anticipated that during this meeting, the ACHD Commission will forward on a recommendation to FHWA regarding a preferred alternative for this project. Staff is planning on attending the ACHD public hearing and reading the prepared letter. Should the City send additional representation to the ACHD publie hearing? Councilman Zaremba and myself attended the ACHD meeting on the 21St. The ACHD Board did vote unanimously to go with the No Build on this project. However, they are leaving the door open for other financing mechanism, if a funding source is identified. Page 6 ACHD Projects: Attached to the last page of this memo is an executive summary of the ACHD roadway projects in Meridian. This month there are no Meridian projects that are color -coded red, meaning there is are no identified issues, and the projects are progressing as planned (NOTE: The Pine/Linder intersection has been delayed due to condemnation issues and the McMillan/Locust Grove Road has a utility expansion conflict; these projects are color -coded yellow.) Please see the attachment for a status summary of all Meridian projects at ACHD. • Eagle Road, Victory to Ridenbau Canal: Storm drain and utility work are well underway. The Victory intersection is on track to be completed this fall with the Ridenbaugh bridge construction happening in the winter and final roadway paving in the Spring of 2011. Ten Mile, Franklin to Cherry: Roadway was closed during the last part of March through April 2°d. ACHD is currently working to place concrete on the south side of Franklin. The east side of Ten Mile, the northern half of the Franklin intersection concrete paving and all bridge construction has been completed. This project should be complete in August 2010. • Split Corridor, Phase II: Phase 2 Design is 99% complete and staff continues to work with ACHD to include bike facilities on Main Street. Staff will be bringing the bike facility proposal to Council as soon as ACHD staff can attend. MDC will begin streetscape/lighting design in later this month, which will roll into the roadway design for eventual construction with the project. Overlay Construction on the 2010 overlays is roughly half complete. Go to ACHD's website: http://www,achdidaho.org/Projects/2010 Overlqysaspx for locations and updates. Please feel free to contact either Tim Curns or me if you have any questions or would like any more information on transportation projects. 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