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HomeMy WebLinkAbout2010 08-10 WorkshopENZ, AN*-- AHO CITY COUNCIL WORKSHOP MEETING AGENDA Tuesday, August 10, 2010 at 6:00 PM Meeting started at 6:14 p.m. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Approve Minutes of July 6, 2010 City Council Budget Hearing B. License Agreement with Nampa Meridian Irrigation District (NMID) for Water and Sewer Line Replacement on West Broadway Avenue from Meridian Road to Northwest 8th Street C. Agreement for Independent Contractor Services with Cascade Pipeline Corporation for the Broadway Avenue Water and Sewer Line Replacement Construction for a Not -To -Exceed Amount of $485,057.00 D. Agreement Regarding the Split Corridor Pump Station with Star Construction, LLC for a Not -to -Exceed Amount of $72,340 AND Contract Amendment to Original Contract Dated August 10, 2010 for a Not -to -Exceed Amount of $62,920.42 E. First Addendum to the Reimbursement Agreement Dated June 18, 2010 Regarding the Irrigation Pump Station for the Split Corridor Project Phase One Landscaping Between Meridian Development Corporation and The City of Meridian Meridian City Council Meeting Agenda — Tuesday, August 10, 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. Task Order #10193 for the Sewer Main Replacement Project with Civil Survey Consultants, Inc. Under the Master Agreement Dated April 13, 2010 for a Not -To Exceed Amount of $124,760.00 G. Change Order #2 to the Original Contract Approved by City Council on April 7, 2009 for the Amount of 2,869,000.00 with JC Constructors, Inc. for Tertiary Filters Project Construction for a Not -To Exceed Amount of $81,883.63 H. Intergovernmental Memorandum of Understanding (MOU) with the City of Garden City for Use of Meridian Police Department Canine Holding Facility 5. Community Items/Presentations A. U.S. Census Recognition of City of Meridian's Efforts in 2010 Census 6. Items Moved From Consent Agenda 7. Action Items A. Public Hearing: Proposed 2010 Meridian Parks and Recreation Department Fee Schedule Amended onto agenda 1. Resolution No. 10-735: A Resolution Adopting Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing and Effective Date Approved B. Close Public Hearing and Comment Period on PY2010 Community Development Block Grant (CDBG) Action Plan That Began on June 22, 2010 C. PY2010 Community Development Block Grant (CDBG) Action Plan Adoption Adopted Meridian City Council Meeting Agenda — Tuesday, August 10, 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. Department Reports A. Public Works: Update on Meridian and Main Split Corridor Phase II B. Public Works: Dual Connection & Backflow Program Update C. Information Technology (I.T.): I.T. Policy Discussion D. Planning Department: Letter to Ada County Regarding Proposed Development on the Northeast Corner Chinden and Linder (Eagle Island Marketplace) E. Planning Department: Update and Potential Action on Cost Share and License Agreement with Ada County Highway District (ACHD) for the Landscaping and Maintenance Associated with the Ten Mile, Overland to 1-84 Road Widening Project Approved F. Police Department: Updated Draft of Outdoor Sales and Temporary Uses Ordinance 9. Ordinances A. Ordinance No. 10-1452: An Ordinance of the City of Meridian Providing for a New Chapter of Title 2 of the Meridian City Code, to be Chapter 6, Relating to the Establishment, Duties and Powers, Membership, Organization, and Meetings of the Solid Waste Advisory Commission; and Providing an Effective Date Continued to August 17, 2010 Adjourned at 8:50 p.m. Meridian City Council Meeting Agenda — Tuesday, August 10, 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. I CITY COUNCIL WORKSHOP MEETING AGENDA Tuesday, August 10, 2010 at 6:00 PM V /7 �. M - /1. Roll -Call Attendance ✓ David Zaremba ✓Brad Hoaglun Charlie Rou:�2Mayor -f' Keith Bird Tammy de Weerd �2. Pledge of Allegiance ✓3. Adoption of the Agenda ✓4. Consent Agenda a??VGV--CJ A. Approve Minutes of July 6, 2010 City Council Budget Hearing B. License Agreement with Nampa Meridian Irrigation District (NMID) for Water and Sewer Line Replacement on West Broadway Avenue from Meridian Road to Northwest 8th Street C. Agreement for Independent Contractor Services with Cascade Pipeline Corporation for the Broadway Avenue Water and Sewer Line Replacement Construction for a Not -To -Exceed Amount of $485,057.00 D. Agreement Regarding the Split Corridor Pump Station with Star Construction, LLC for a Not -to -Exceed Amount of $72,340 AND Contract Amendment to Original Contract Dated August 10, 2010 for a Not -to -Exceed Amount of $62,920.42 E. First Addendum to the Reimbursement Agreement Dated June 18, 2010 Regarding the Irrigation Pump Station for the Split Corridor Project Phase One Landscaping Between Meridian Development Corporation and The City of Meridian Meridian City Council Meeting Agenda — Tuesday, August 10, 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. Task Order #10193 for the Sewer Main Replacement Project with Civil Survey Consultants, Inc. Under the Master Agreement Dated April 13, 2010 for a Not -To Exceed Amount of $124,760.00 G. Change Order #2 to the Original Contract Approved by City Council on April 7, 2009 for the Amount of 2,869,000.00 with JC Constructors, Inc. for Tertiary Filters Project Construction for a Not -To Exceed Amount of $81,883.63 H. Intergovernmental Memorandum of Understanding (MOU) with the City of Garden City for Use of Meridian Police Department Canine Holding Facility 5. Community Items/Presentations ZA. U.S. Census Recognition of City of Meridian's Efforts in 2010 Census ;t -j -k eerie. 4 6. Items Moved From Consent Agenda 7. Action Items ✓ A. Public Hearing: Proposed 2010 Meridian Parks and Recreation 4N�- ,,,e Department Fee Schedule Please amend onto agenda when adopting I9 II I So-� Koyo -�. /B. /C - 1 Resolution No. Proposed # 10-735: A Resolution Adopting Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing and Effective Date , ' k_8/CR, Close Public Hearing and Comment Period on PY2010 Community Development Block Grant (CDBG) Action Plan cQ Y,6 That Began on June 22, 2010 Ltl-- L -XL -,r , u- 4� fm "_ " PY2010 Community Development Block Grant (CDBG) Action Plan Adoption -t u Uj"fpt . Ek/ V -Q Meridian City Council Meeting Agenda — Tuesday, August 10, 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. epartment Reports A. Public Works: Update on Meridian and Main Split Corridor Phase II Tim Curns and Adam Zaragoza (ACHD Project Manager) ✓B. Public Work_ Dual Connection & Backflow Program Update Ji wtGl� Rich Dees J rn,to.. - I bZ9 S Pl - )Po-i;lir� �v e f-Ofl' ✓C. Information Technology (I.T.): I.T. Policy Discussion t/ D. Planning Department: Letter to Ada County Regarding Proposed Development on the Northeast Corner Chinden and Linder (Eagle Island Marketplace) Anna Canning E. Planning Department: Update and Potential Action on Cost Share and License Agreement with Ada County Highway District (ACHD) for the Landscaping and Maintenance Associated with the Ten Mile, Overland to 1-84 Road Widening Project 17 i o -,,t -?>PZ i Ab - ftC*b Anna Canning 0 1C,61Cf\ F. Police Department: Updated Draft of Outdoor Sales and Temporary Uses Ordinance John Overton 9. Ordinances A. Ordinance No. Proposed # 10-1452: An Ordinance of the City of Meridian Providing for a New Chapter of Title 2 of the Meridian City Code, to be Chapter 6, Relating to the Establishment, Duties and Powers, Membership, Organization, and Meetings of the Solid Waste Advisory Commission; and Providing an Effective Date Oct Pu LfJ LF S (ti Ptu.r�.i �Ri C,La�ge3'",,, -C Meridian City Council Meeting Agenda — Tuesday, August 10, 2010 S T —Paof 3 P 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, �„� /T please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.?�,d" j /k L — to'— UC7C_� Meridian City Council Workshop Meeting August 10, 2010 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, August 10, 2010, by Mayor Tammy De Weerd. Members Present: Mayor Tammy De Weerd, President David Zaremba, Keith Bird, Brad Hoaglun, and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Anna Canning, John Overton, James Leslie, Mark Neimeyer, Tom Barry, Clint Dolsby, Steve Siddoway, 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: I will go ahead and call this regular City Council workshop meeting to order. For the record, it is Tuesday, August 10th. It's 6:15 -- or 6:14. We will start tonight's regular meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item 3 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a couple of items to make note of the agenda for this evening. Under Item 7 we -- under A, we have an A-1, 7-A-1, which is resolution number 10-735 and that's a resolution adopting the fee schedule of the Meridian Parks and Recreation Department and under Item 9-A, ordinances, that is Ordinance No. 10-1452. And with that, Madam Mayor, I move adoption of the agenda as presented. Zaremba: Second. De Weerd: I have a motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carried. Meridian City Council Workshop August 10, 2010 Page 2 of 55 MOTION CARRIED: ALL AYES. Item 4: Consent Agenda A. Approve Minutes of July 6, 2010 City Council Budget Hearing B. License Agreement with Nampa Meridian Irrigation District (NMID) for Water and Sewer Line Replacement on West Broadway Avenue from Meridian Road to Northwest 8th Street C. Agreement for Independent Contractor Services with Cascade Pipeline Corporation for the Broadway Avenue Water and Sewer Line Replacement Construction for a Not -To -Exceed Amount of $485,057.00 D. Agreement Regarding the Split Corridor Pump Station with Star Construction, LLC for a Not -to -Exceed Amount of $72,340 AND Contract Amendment to Original Contract Dated August 10, 2010 for a Not -to -Exceed Amount of $62,920.42 E. First Addendum to the Reimbursement Agreement Dated June 18, 2010 Regarding the Irrigation Pump Station for the Split Corridor Project Phase One Landscaping Between Meridian Development Corporation and The City of Meridian F. Task Order #10193 for the Sewer Main Replacement Project with Civil Survey Consultants, Inc. Under the Master Agreement Dated April 13, 2010 for a Not -To Exceed Amount of $124,760.00 G. Change Order #2 to the Original Contract Approved by City Council on April 7, 2009 for the Amount of 2,869,000.00 with JC Constructors, Inc. for Tertiary Filters Project Construction for a Not -To Exceed Amount of $81,883.63 H. Intergovernmental Memorandum of Understanding (MOU) with the City of Garden City for Use of Meridian Police Department Canine Holding Facility De Weerd: Item 4 is the Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council Workshop August 10, 2010 Page 3 of 55 Hoaglun: We do not have any changes to the Consent Agenda, so I move to approve the Consent Agenda and that the Mayor be authorized to sign and the Clerk to attest. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, if you will call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Community Items/Presentations A. U.S. Census Recognition of City of Meridian's Efforts in 2010 Census De Weerd: Under Item 5 we have our Community Items Presentation and I will ask Luke if he would like to come forward. It is our pleasure to send Luke to Seattle this week to accept on the City of Meridian's behalf to plaque that will be presented by the U.S. Census Committee and, Luke, I will let you give the details. Cavener: Thank you, Madam Mayor, Mr. President, Members of Council. As the Mayor De Weerd mentioned, I will be leaving tomorrow afternoon to go to Seattle for the wrap up is the best way to put it, from the Meridian Census' efforts. As you may or may not know, Meridian had 83 percent count rating, which is not only the highest in the state, but the highest in the west, and Zee Quintana, who is the lead program specialist who is one of the people that assisted Meridian with our complete count efforts, is here tonight to presented a plaque and I'll turn it over to her and let her share the information. Quintana: Well, thank you. Thank you, Lucas. And we are pleased to have Lucas come to Seattle tomorrow to work with the people that are there to represent region -- our region is five states, northern California, Washington, Oregon, north Alaska, and Idaho and he will represent one of five cities in Idaho and work with that committee there in order to have an impact as to what went well, what didn't go so well, and try to impact the 2020 census. But I'm here tonight to present a certificate of appreciation to the City of Meridian and I will hand that to you and that is for the work that the committee has done and the City of Meridian will benefit. It's 1,400 dollars per person for the next ten years that is counted that that is potential federal dollars that can come into communities, local communities, and that's -- this is why we have been working in Idaho is to bring federal dollars to Idaho and to Meridian. De Weerd: I will say, you know, that 83 percent, our response rate, that's compared to Idaho had a 75 percent response rate, as compared to nationally it was 73 percent. So, Meridian City Council Workshop August 10, 2010 Page 4 of 55 our community really stood up and was counted nationwide in the next ten years, that means four trillion dollars of investment into communities. So, that's why it was so important to get an accurate count, to get people to participate. Those funds go anywhere from education to programs like you will hear tonight with the Community Development Block Grant funds. So, we appreciate you being here tonight and certainly, Luke, in coordinating our committee and it's great to see that we have very civic minded citizens in our community. Quintana: Thank you. De Weerd: Thank you for being with us tonight. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. Public Hearing: Proposed 2010 Meridian Parks and Recreation Department Fee Schedule De Weerd: So, we will move into Item 7 under Action Items. Our first item is a public hearing on the proposed 2010 Meridian Parks and Recreation Department fee schedule and ask Allison to, please, join us up front. Kaptein: Good evening, Madam Mayor and Members of the Council. I am here before you this evening to show you guys the new fees that we have. As you know, previously we were coming to you once a year with our yearly changes to the fee schedule, but under the advisement of the legal department we are now going to be coming every time a new activity guide publishes, so that will be in the fall, in the winter, so it will be August, December, and March -April, as we need to have any changes to the fees or new fees approved before we assess them to the public. So, I just have a few fees that are changed, so it will be just a few changes each time and, then, we will probably do one big master change in the spring. So, I will show you guys -- I think you all received a copy of the schedule in your packet, but I can pull it up on the overhead now. I think. Let me -- so, you can see here in the gray highlighted area is the fees that have been changed and the new fees and there are also two other softball tournament fees in addition to the ones on the screen now that are listed in your packet. De Weerd: Okay. Council, any questions or -- are those all -- are these all new, Allison? Kaptein: The ones that -- if you see on the -- the far right column that say new are all new and, then, the ones that have a percent change in the far right column are not new, but have had a positive or negative change to the cost of the class for various reasons. Meridian City Council Workshop August 10, 2010 Page 5 of 55 De Weerd: Okay. Hoaglun: Allison? Kaptein: Yes. Hoaglun: Just a quick question on the -- the Camp Mer -IDA -Moo winter edition. Kaptein: Uh-huh. Yes. Hoaglun: I notice we got dollars increase on one and five on the other and it's just -- is it because they are there an hour and a half earlier and an hour and a half later or -- actually, two and a half hours later in the afternoon. It's just the length of time that -- Kaptein: Right. Hoaglun: -- is the only difference in that. Kaptein: Right. Hoaglun: Okay. De Weerd: Okay. Any other questions from Council? Rountree: I have none. De Weerd: Okay. Thank you. This is a public hearing. Is there any member of the public who would like to testify or comment on this item? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on the 2010 Parks and Recreation Department fees schedule. Rountree: Second. De Weerd: I have a motion and second to adopt -- or to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: We do have Resolution No. 10-735 in front of you, Council, for your action tonight. Meridian City Council Workshop August 10, 2010 Page 6 of 55 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 10-735. Rountree: Second. De Weerd: I have a motion and a second to the approve Resolution 10-735. Any discussion? Seeing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Close Public Hearing and Comment Period on PY2010 Community Development Block Grant (CDBG) Action Plan That Began on June 22, 2010 C. PY2010 Community Development Block Grant (CDBG) Action Plan Adoption De Weerd: Okay. Item 7-13 is to close the public hearing and comment period on the 2010 Community Development Block Grant action plan that began on June 22nd. We will ask for staff comments at this time. Canning: Madam Mayor? De Weerd: You might notice a new face over there. Canning: Madam Mayor, before Lori jumps in, I did want to introduce Lori den Hartog to those of you who don't know her. She has taken over Matt's portion -- or the portion of Matt's job concerned with CDBG administration. Lori comes to us most recently from the Mayor's office, for which Robert may never forgive me, and, then, previous to that worked for ACHD for awhile, so she's got all sorts of skills and talents and we are very excited to have her doing CDBG grant administration. De Weerd: Thank you, Lori, for joining us and for training -- being a trainer in my office, but who is keeping track of that. den Hartog: Madam Mayor, Members of the Council, one quick question. I would like to be able to handle action item 7-13 and 7-C together. I will present them together and if we can make a motion at the end, if that's possible. Meridian City Council Workshop August 10, 2010 Page 7 of 55 Bird: Okay with me. Rountree: Good. den Hartog: Good. The item before you this evening is the 2010 annual action plan for the city's Community Development Block Grant program. The draft action plan was presented to the City Council on June 22nd, at which time the public hearing and the comment period were opened. The City of Meridian was granted 273,368 dollars for the coming year, which begins October 1st of 2010. Through the action plan the city has proposed dividing the allotted funds amongst four items. Administration planning, public facilities, specifically the Five Mile Creek pathway. Public services, specifically the Meridian Food Bank. And affordable housing, which goes towards homeownership assistance. The affordable housing dollars are divided between the Boise City, Ada County Housing Authority and neighborhood housing services through their lender and HS Lending. Each of the items meets the allowable percentages and they are consistent with the initial draft that was presented on June 22nd. The city did receive two comments on the draft plan. These comments are now included in the summary -- in summary form in the action plan. Neighborhood housing services provided comments and support of the plan, as well as requesting clarification on a few items. The items have been addressed in the plan that's presented before and, in addition, the Meridian Food Bank provided comments and support of the city's program and the Food Bank thanked the city for its continued support of their services. There have been a few other minor typographical changes that were made to the draft plan as it was presented on June 22nd. Those have been corrected. A highlight for the coming program year is the city will be preparing its consolidated plan. This is a program requirement for entitlement communities. The city's previous consolidated plan was for years 2007 through 2011. The city will be undergoing preparation of the consolidated plan, which will provide guidance for program years 2012 through 2016. During the budget process for fiscal year 2011, the Council has approved a line item of 20,000 dollars for preparation of this plan. In addition, we may use some our administration and planning dollars already allotted. With that I'd like to request that the public hearing opened on June 22nd be closed, unless we have other testimony this evening, and that the program year 2010 action plan be adopted as presented and that the Mayor and Council direct staff to send the final action plan to HUD on August 11th for their review and approval. De Weerd: Thank you, Lori. Is there any member of our audience here to testify or provide comment on this plan tonight? Okay. If you will, please, state your name and address for the record. Warner: Liz Warner at 2408 North 25th, Boise, and I'm here for the Meridian Food Bank and I just wanted to say thank you, basically, that, you know, when the economic downturn started a couple years ago, the demand for food increased 221 percent just with -- with our food bank and we could not have take care of those people without the help you have given us, so I just wanted to tell you thank you so such, we appreciate your help. Meridian City Council Workshop August 10, 2010 Page 8 of 55 De Weerd: Thank you, Liz. We appreciate your involvement with the food bank. I do want Council to know that the housing authority has stated that they have had a very successful program and they would like to come and report to you in the coming weeks, so you can see how that money has been spent and they wanted to come and give accountability to it. Okay. Well, Council, if there is no further questions, comments, from the public, I would entertain a motion to close this public hearing and comment period. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on the CDBG action plan. Bird: Second. De Weerd: I have a motion and a second. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we adopt the 2010 action plan as presented and direct staff to move forward with sending it to HUD for approval. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion on this motion? Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Public Works: Update on Meridian and Main Split Corridor Phase 11 Meridian City Council Workshop August 10, 2010 Page 9 of 55 De Weerd: Under Item 8, Department Reports, we will start with A, which is our Public Works Department, who will give an update on the Meridian and Main split corridor phase two project. But that doesn't look like Tim. Mr. Barry. Barry: Thank you, Madam Mayor, Members of the Council. You may recall some weeks ago we came before you with this topic on back flow prevention and dual connection devices -- Canning: I'm sorry. Rountree: Split corridor. Canning: Split corridor is -- Barry: Doggone it. I'm so excited about the -- we will have Mr. Kerns come up from Public Works. I get an opportunity to introduce him. Where is he at? Mr. Kerns. You know Mr. Kerns. He will talk to you about split corridor. De Weerd: Thank you, Mr. Barry. That's nice that you came to recognize your staff. Kerns: Appreciate the comic relief. Madam Mayor, Members of the Council, this evening we have Adam Saragoza here from ACHD, who is going to give us a little update on split corridor and kind of where we are. And, then, we have some additional discussion at the end there related to bike lanes, so -- and I will come back up for that, so -- De Weerd: Okay. Kerns: -- with that, Adam Saragoza. De Weerd: Thank you, Tim. Good evening, Adam. Saragoza: Good evening, Madam Mayor, Members of the Council. For the record, Adam Saragoza, ACHD. Here to give you a brief update of where we are at with the phase two of the split corridors project. De Weerd: Thank you. Saragoza: We did receive 99 percent roadway plan back in June that did give us the availability to go ahead and start the right of way staking. If you have been over at Meridian Road and Cherry intersection you will see the stakes for the right of way lines and the temporary construction easements out there on those properties. What that was enable us to do is get ahead a little bit of the right of way game where we can start acquiring the necessary right of way starting October 1 st. Meridian City Council Workshop August 10, 2010 Page 10 of 55 Kerns: This information is also in your Council packet towards the end there we have the graphic. Saragoza: And just to go over some features of the split corridor. Working south -- here, I'm just going to go over -- working south to north on the southside here is Franklin Road and, then, heading north towards City Hall, which is at this point right here. We have the couple features of the triangle areas that are currently -- will be vacated. Right now what we have got in those triangle areas as part of the design, is just to be asphalt asked. So, there is that location there and this location right here. Hoaglun: Adam -- Madam Mayor. Real quick. That one you just pointed to, that seemed a lot larger triangle. Do you know how big that one happens to be? Saragoza: Madam Mayor, Councilman Hoaglun, both of them are about 12,000 square feet. Hoaglun: All right. Thank you. Saragoza: As we continue moving north you can see how the sidewalk condenses down right here in this -- that triangle right there. The plan for that is just to match the red pedestrian concrete as out back of City Hall. Part of the requirements with the railroad and coordinating with them is they would not allow any site obstructions within 300 feet of the railroad. Continuing going north. Pine Avenue is right here. Basically in this section not too many design features as the roadway is centered up on the existing section lines, so there will be a little bit of right of way acquired from both the east and west side property owners. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Would you define little bit? Saragoza: Pardon? Rountree: How much is a little bit? Saragoza: Oh, we are looking at about ten to twenty feet per property. Just going into the property. Rountree: Okay. Hoaglun: And Madam Mayor and Adam, is that ten to twenty feet on each side or is that total? Saragoza: That is ten to twenty feet on each side. Meridian City Council Workshop August 10, 2010 Page 11 of 55 Hoaglun: Okay. Thank you. Saragoza: And up at the Cherry and Meridian and Main Street and Fairview intersections, one item feature that will come out as part of the project is the free right. You can kind of see the outline right there, but that will come out. I have been working with your staff in developing a plan for that area as the project comes up for construction. Other than that, not too many total takes with the project. There is, obviously, the total take properties that are in the cross-over area and Westy's Bicycle Shop at this corner right here is anticipated to be a total take. I have been working with MDC over the last couple of weeks on their widening design for the downtown core. We have been coordinating our design plans with them and about a month ago we were approached by Public Works about the possibility of opening up Nine Mile Creek in downtown. Nine Mile Creek runs almost parallel to the cross-over like so. Other than that, I can stand for questions and I will turn it back over to Tim. De Weerd: Okay. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just with your pencil on the drawing that's there indicate where traffic that is southbound on Main Street will cross over to Meridian. I'm not understanding the traffic pattern. You don't have to draw it on there, just -- just wave your pen around that area. So, they go there and they go all the way over to Meridian on that street. Okay. Saragoza: Yeah. That's correct. Zaremba: Thank you. Bird: Ada is completely through? Excuse me. Madam Mayor? De Weerd: Yes. Bird: Ada goes all the way through? Saragoza: Correct. Ada will go through to Meridian. It will be one way westbound at that location. Bird: Follow up. De Weerd: Uh-huh. Meridian City Council Workshop August 10, 2010 Page 12 of 55 Bird: What kind of an intersection there? Stop? Two way stop? Four way stop -- or three way stop? No. Here. Back at your -- where the -- over. No. Yeah. The next one. Right there. Saragoza: That will be a stop for that location. The traffic running on the cross-over will have the right of way. Bird: Okay. De Weerd: Any other questions? Zaremba: Thank you. De Weerd: Okay. Thank you, Adam. Saragoza: Okay. With that I'll turn it over to Tim. De Weerd: Okay. Appreciate you being here tonight. Kerns: So, with that I just want to talk briefly here about some bicycle connectivity issues related to the project and at the onset of -- or at least a ways back here in the design we were looking at a way to provide more bicycle connectivity across the downtown area related to this project and as you may know the cross-section for Meridian Road there after the cross-over does not include any bike lanes, so -- and that's part of the constrained cross-section. So, we had looked originally at possibly extending the pathway that -- the first phase of the split corridor constructed the ten foot multi -use pathway north -- and maybe I should -- I believe I have a picture of that intersection. So, with the first phase of the split corridor you can see right up there at the top right-hand corner of the picture, that's the ten foot multi -use pathway that comes in there at Franklin and Main. So, we looked at the possibility of extending that up to Ada Street, which is where the cross-over diverges away and the situation for those on bicycles is a little bit more friendly. That possibility -- we explored that with ACHD -- presented a number of problems with a number of driveways that intersect there and I have a lot of concern from the traffic operation staff at ACHD about that. So, that possibility was ruled out and we decided to step back and take a look at kind of the whole corridor and make sure that we were getting a solution that gets people not just in and out of downtown, but gets people across town who are on bikes. So, this particular proposal here has not officially been proposed to ACHD yet and I just want to get Council's guidance and opinions and concerns here on this before we do make an official proposal to ACHD. I believe this is also in the Council packet there, but starting up at the top there at Fairview, we are looking at the possibility of having a bike route on Main Street from Fairview all the way down to Broadway, which is a more narrow section of Main Street and, basically, if you're familiar with the difference between a bike route and a bike lane, the bike route is, basically, just signage to let people know this is your way across town. It's not actually designating lane space. That would be the bike lane. So, there isn't actually room to stripe a bike lane on Main Street between Meridian City Council Workshop August 10, 2010 Page 13 of 55 Broadway and Fairview. And, then, moving down from Broadway down to Ada Street, which is where the cross-over occurs, there is room for a bike lane there. In fact, it's actually a fog line stripe right now, but it's kind of -- it's not signed no parking is what I'm getting at. So, the change there, if that were to occur, would be that there would no longer be on -street parking between Broadway and Ada and I will jump back to that issue in a little bit here. But, then, we wanted to make sure that we were addressing the needs for both the people who are die hard cyclists who want to get all the way across downtown and who are pretty much going to ride in the street no matter what and, then, the folks who are, you know, pushing their strollers and taking their kids more on the ten foot multi -use path kind of facility who would maybe stick to a safer route. So, the -- as you see there, the cross-over that occurs at Ada Street prevents us from having a bike lane southbound on Main. We can have one northbound. So, we wanted to provide an alternate route for folks to jump over and safely get across Franklin and so that is that route you see diverging there in purple over to 3rd Street and to a new pedestrian signal at Franklin. And, then, related to that is also looking at widening the sidewalk in that stretch between Ada and Franklin, so that those folks who are making their way up as the more casual users have a wider sidewalk to navigate their route. So, that's, essentially, what was developed between Matt and myself and ACHD here. But we haven't officially made a proposal to them. So, anything before I get into the parking issues here? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Tim, just -- as I think about it, if I'm at Storey Park riding my bike and I want to get across town and back to my house, you know, as I think about traffic patterns when I'm riding a bike, I'd prefer less traffic, as opposed to riding in more traffic. I would probably take 3rd Street all the way up and, then, cut over to 2 1/2 Street to reach Fairview Avenue, as opposed to going to Main Street where I know there is going to be more traffic. But is that a route you looked at? I mean what are the pros and cons with doing something like that? Kerns: Absolutely. Councilman Hoaglun, Madam Mayor, Members of the Council, that is also an option that we can certainly look at and have looked at as well. It's kind of -- there is some pros and cons related to either route there. The pros with Main Street is that it's more direct for the folks who already in route headed north and it provides that connectivity without having to change streets, like from 3rd to 2 1/2 Street all the way up to Fairview where there is an existing signal there. However, as you have mentioned, 3rd Street definitely has a lot less traffic and also after this project there will be a lot less demand on Main Street as well. But some of the down sides of that are the railroad crossing just behind us here, which is a number of tracks, it's a little rough for riding across and also that jog that you have to make and the lack of a crossing at Fairview, so -- De Weerd: And the lack of a light at Fairview. Meridian City Council Workshop August 10, 2010 Page 14 of 55 Kerns: Yeah. Hoaglun: That's why I was kind of curious. I'm sure there was some down sides to that, but I guess the bike riders are a lot like the car drivers, there are those who are going through and there are those that are going to, so -- Kerns: Right. Hoaglun: -- they are not always the same, so it makes it difficult. De Weerd: They will take whatever route anyway. Kerns: And so that also points to the fact that you need to be careful in looking at where people are going to go no matter what we do and making sure that we accommodate them as best as we can, you know, given what we have available there to work with. Hoaglun: And, Madam Mayor, just kind of wrap up on my comments, the best thing is once we get some of those pathways on Five Mile through there completed and folks can take those and head to various parts of the city, that makes it much nicer. So, get them off the streets and have crossings at some of these intersections. Kerns: Uh-huh. De Weerd: Any other comments or questions for Tim? Rountree: Madam Mayor. Tim, could I get a plan size view of your proposal, as well as a set of plans on the split corridor phase two? Kerns: Absolutely. Rountree: Thank you. De Weerd: Okay. Any other comments from Council? I guess I sense that Tim wants direction tonight on if this looks like a favorable proposal to bring to ACHD for their consideration. Kerns: And Madam Mayor, Members of the Council, if you would like some more time to digest things, we can certainly do that. This is a couple years away, so -- and, then, also I didn't know if you wanted to hear -- we did do some outreach regarding the parking, if that helps you make -- making any decisions there, too, as well on Main Street, so -- Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Meridian City Council Workshop August 10, 2010 Page 15 of 55 Rountree: Excuse me. I'd like some more time. I want to look at the plans and make sure there aren't any issues that are less than obvious and at that point I will be willing to comment and provide direction. Kerns: Absolutely. Rountree: I'd like to hear what people had to say about parking. Hoaglun: Madam Mayor and Tim, if you brought these to ACHD, this is just a start to get their dialogue on these things, is that -- was that what you're planning? Kerns: Yes. It's -- we have had some informal dialogue about what we could do and what doesn't work and -- but we haven't actually made a request to them to build this along with the split corridor project. So, that's what we are looking to do is to make a formal request. Hoaglun: Well, I guess -- yeah. A formal request would be different than moving forward and getting their active participation in terms of looking at that and having suggestions of maybe some things we ought to be looking at or things we may not have considered, which I -- I don't mind that dialogue taking place. As far as a formal presentation and recommendation, I don't think we are there yet. But I think to get their input on things that we need to be looking at that they -- as how they look at things is always a good thing, so -- De Weerd: Tim, have you kind of looked at this in terms of the parking study that was made with the reduction of on -street parking, even from Broadway to Ada? It takes out a number of parking spots. How those would be replaced and how that fits with the plan for the urban renewal district as well. Kerns: Madam Mayor, Members of the Council, we included Shaun Wardle from MDC and on this topic here and in looking at the availability of parking out there, what it looks like in the future and at the current time and as was noted in the -- I'm going to mess this up if I don't look -- Downtown Meridian Transportation Management Plan and the parking study. The parking utilization in that particular section is very low. Not to say that there aren't specific businesses along there who have utilization of that parking and are, you know, very concerned about that. But the main two areas in which -- really, the main area for parking that is of concern is -- De Weerd: In front of Zamzow's. Kerns: -- directly outside here at Zamzow's. De Weerd: Uh-huh. Meridian City Council Workshop August 10, 2010 Page 16 of 55 Kerns: And in talking with the shop owners out there, I had asked them if -- you know, basically, what -- what do you see? Well, we see, you know, at least a couple cars an hour out here. What do you use it for? Well, the furniture shop in particular needs access for loading, so you don't want to carry a piece of furniture down the street. And had asked them, you know, if you were able to have your customers use -- utilize other parking, such as the back of the city parking lot, would that be sufficient do you believe and -- and the shop owners in particular said, yeah, that could probably work. It's certainly not our preference, but we have that room that could work. So, I guess -- don't know if that totally answered your question, but that's where we went with it and getting some feedback and that's what I understood from the downtown plan. De Weerd: Well, we can -- Council, we can reset this to the next workshop. What kind of timeline are you hoping for, Tim? Kerns: It would be nice to kind of have an idea of where we are going with this sometime this fall, but as I mentioned before, the plans for split corridor are pretty much done. This is probably going to be something that runs in tandem with it, so -- and construction is a couple years off. So, we definitely have time. De Weerd: Well, Council, if it sounds like enough time, we can schedule this at the next workshop for follow-up discussion. I would also see, Tim, if this is an item that the urban renewal district would like to have discussion on with their board as well. So, if you can pursue that with their administrator. Kerns: Absolutely. De Weerd: Okay. Zaremba: Madam Mayor? Rountree: So, Madam Mayor, we are looking at the 14th of September? De Weerd: Yeah. Okay. Anything further? Mr. Zaremba. Zaremba: One question back on the bicycle. The southbound bicycles, once they cross Franklin, do they need to go all the way back over to Meridian to get to the southbound lane? Where do they go from there? Kerns: And that's probably the funkiest part of this setup that we get just from the -- the design there, but as we were talking earlier about the die hard cyclists and the more casual users, the die hard cyclists we would assume that if they are headed south on Franklin -- or past Franklin on Meridian, they are probably already going to be on Meridian, they are probably just going to use one of the lanes -- utilize one of the lanes and -- Meridian City Council Workshop August 10, 2010 Page 17 of 55 Zaremba: That's what I was going to ask is whether the -- the southbound traffic ought to turn west on Ada instead of going east on Ada. Kerns: And one of the destinations for -- that we'd assume there, because the employment center is at the corporate park and just to the east of 3rd there is Stratford -- Zaremba: Right. Kerns: -- so that's one of the reasons for that -- why that helps as well, is it gets -- gets people a way to jump over to Franklin and head east to the neighborhoods over by Locust Grove, use the Locust Grove overpass, or head down Stratford to the business park. Zaremba: Is there anything that precludes us from having a bike route to go both ways? If you were at the -- if you were southbound on Main and you came to the intersection at Ada, what if the bike lane not only went east, it also went west? I mean you had a choice. Kerns: Oh, it does. That's -- the double lane is there. Zaremba: Okay. Kerns: I don't know if that -- or double lines. I don't know if that's clear, but -- so, the idea is to have the bike route signed for both directions and -- up 3rd and on Ada. Zaremba: Okay. De Weerd: Well, I guess my only comment is I hate to see losing parking on Main Street and if you could maybe have further discussion on re -looking at that. I think long term if the railroad special use acreage were ever to redevelop, they will be doing improvements at the railroad crossing on 3rd Street. So, bringing that up to Broadway and, then, introducing the bikes to Old Town while preserving the on -street parking would -- would seem in order, but I think your group can discuss that and we can revisit that next month. Anything further from Council? Bird: I have none. Rountree: None. De Weerd: Okay. Thank you, Tim. Kerns: Thank you. B. Public Works: Dual Connection & Backflow Program Update Meridian City Council Workshop August 10, 2010 Page 18 of 55 De Weerd: Okay. Mr. Barry. Kerns: Now back flow. Barry: Thank you, Madam Mayor, Members of the Council. Back again. You may recall that we visited with you a couple weeks back to talk about the back flow prevention program and also the dual connect ordinance and got some guidance from you and took that guidance and went back and did some more research and we have some updates to share with you this evening that are significant and we wanted to provide you those updates and also seek some additional direction related to some of the challenges we have come across since this -- since the last time we met with you and to do that will be Mr. Richard Dees, he's going to come up and share what we found and some of the results of the dialogue we have had with some of the homeowners associations that we have met with since this time as well. So, without further adieu, Mr. Dees, want to take it away? Dees: Thank you. Madam Mayor, Members of the Council, thanks for having me today again. We are going to talk about water quality programs. This is, actually, two presentations squished into one. One of them is going to be talking about back flow prevention systems and the other one is going to be talking about dual connections. Our goal is certainly to provide safe drinking water to all of our citizens. We have 75,000, about, citizens in the City of Meridian. We want to make sure they have clean, safe drinking water at the lowest possible price. We also want to make sure there is fire flow appropriate so that the fire department can address the fires that happen within our community. There are many pieces to our water utility and this is just sort of an overview of what we have inside the water division. Certainly we have water production. We have 19 active wells right now. We have a distribution system of over 400 miles. We have a fire protection system with 3,500 or so fire hydrants. Then, we get to the water quality program. The water quality program has several subsections to it, including back flow prevention, sampling, and monitoring valves, exercising, education and flushing. We are going to concentrate on the back flow prevention part of the water quality program. Inside of that program is the back flow assembly testing and the system integrity and connection checks. So, we are going to drill down into the water division as we go through this presentation. We will start with the back flow program first. Back flow program history. It was established as early as 1989. City Code Title 9, Chapter 3, details responsibilities, as it says there. Customers have the responsibility in the code to test their own back flow assemblies at their expense. There is also a penalty for not complying with the -- with the testing and that penalty is a termination of water services. Dual connective systems are not allowed according to our code. The program was modified during your City Council meeting on May 3rd, 2005, where we instituted a rebate and -- for assembly testing and maintenance. That's been funded through the budgetary process, as you know. These are some back flow conditions that exist. Just wanted to go through them very quickly. First of all, back siphon is one that, as you can imagine a hose connected to your hose bib in the backyard, you take the hose and throw it in a mud puddle and, then, all of a sudden there is a change in pressure, the stuff in the mud puddle all of a sudden gets sucked Meridian City Council Workshop August 10, 2010 Page 19 of 55 into your house and into our water system, that's a back siphon. Back pressure is akin to what happens if you have a pressurized irrigation system, for example, that has more pressure than our system and it pushes against our supply and pushes irrigation water into our system. That's back pressure. It's also back siphonage. I guess -- no. No. It's back pressure. It's also back flow. Excuse me. Back flow. A back flow condition can exist from back siphonage and back pressure. A cross -connection is where there is a cross between potable water and nonpotable water. That's what we are trying to eliminate. This is what happens if there is a back flow assembly mistake. It happened June 12th, 2009, in Eagle. It happened twice, actually, in Eagle. A person, what happened, put a back flow preventer in backwards and what happened it, indeed, siphoned water from the irrigation system into the city supply and about a hundred homes were affected. As you can see what they did, they issued a boil order, they had to do some flushing, did a lot of notifications and a lot of testing. Again, this happened twice in Eagle. And the thing that exacerbated the problem was the fact that the PI system overpressured the city water supply system. Our current program that we have, we send out annual testing reminder notices in the mail to everybody who we know that had a back flow assembly. We send also a list of back flow licensed testers that they can select from to go have their assemblies tested. They contact the tester, the tester comes out, they check their device and, then, the tester sends us the bill for that device. We pay for up to a maximum amount, depending upon the type of device for both testing and repair of the assembly. When we receive confirmation that that's been done, we update our database. I wanted to show you some of the devices that are used in the systems today. This one's called a PVB or a pressure vacuum breaker. It is used typically where there is not pressurized irrigation. It's one that you may have if you have just an irrigation system in your home, automatic sprinkler system and you want to make sure that the back siphonage doesn't occur. A couple of common problems can affect these things. First of all, the check valve can get old and deteriorate. Debris can get in that check valve, that spring can get off center, and it will cause -- cause water from the irrigation symptom to flow back into the water supply. Another type of assembly is called a double-check or a double-check valve assembly. This is used on the low threat devices, such as a fire sprinkler system. You can see the two check valves there. Water comes in from the right-hand side, it goes to the -- I'm sorry. It goes to the right and it's the back pressure from the left or if there is debris caught on the check valve -- of the second check valve, it will slip past that valve and get into that chamber and that could cause some problems. If the first valve -- first valve fails, then, you have a cross -connection happening right there in front of the valve. There is no atmospheric drain in this valve assembly to eliminate water in case of a failure. The one we prefer and that we have to have installed for pressurized irrigation systems is this one. It's called a reduced pressure zone device or an RP device. It also has two to valves or two check valves, but it also has an atmospheric valve down below there, so that if the water should get past the first assembly it will go out the bottom part and just evacuate that way to keep the chamber clear. This is the cost and effectiveness of the systems that we have so far. At the program inception in 2005 we allocated 200,000 dollars a year for it. Today those costs are in excess of 300,000 dollars a year. We get about an 86 percent initial compliance of those 6,000 known assemblies. That means when we send out our letters 86 percent of them get the thing tested. You notice some Meridian City Council Workshop August 10, 2010 Page 20 of 55 don't on the first time, so we have to send out reminder letters and say, hey, please -- please get that tested. That number usually goes up to about 98 percent after we send them a second -- a second letter. This is on our free program. United Water gets 60 percent initial compliance with a customer paid program. They only send out one letter. The back flow program issue. These are the things that we were tackling with just back flow prevention. First of all, the reimbursement program is expensive. Three hundred thousand bucks is a lot of money. Third party tester businesses have been established solely based on our program. The effectiveness is good. Eighty-six percent on the first letter is great. It's a great response. We are the only water purveyor in the state that does that. No else in the state provides testing reimbursement and maintenance fees. Twenty-three percent of our customers are actually being subsidized by the entire customer base, because most of the customer base don't have back flow assemblies, because they don't need them. So, we have a subsidy that's been going on with one group of customers. These are the alternatives we looked at for the back flow prevention program as it exists. Keep the program, the -- this is the rebate program. Keep the program as it exists certainly. Phase the program out over a couple of years or eliminate the problem now. What we would like you to do and like you to consider is to end the reimbursement program. We'd like to also have you or have us hold some -- a set of public hearings related to the back flow reimbursement and associated costs, so we can explain to folks why we are doing what we are doing. Explain what it costs, what it means, the benefits, and also the downfalls. Rather than have you talk about this right now, we would like to roll on to the dual connection part of the program, because you can see these two things -- as you will see these two things are going to be interlinked. Dual connections. Program goal is to reduce the probability of introducing some bad things into our water system. We would like to achieve a hundred percent back flow testing in the process. We have some ordinance related to dual connections and here they are. Order 9-1-29C talks about the restrictions, it says no subdivisions, building or lot or parcel of land shall be allowed to also connect if landscape sprinkler irrigation system to the city's domestic water system is a secondary source for shoulder season use. It does allow for a single point connection later on and that's a single point connection in a community. This is another ordinance, 917G, it says cross -connections are prohibited. No person shall make a cross -connection. This would be extremely bad for us, as you can -- as you can probably imagine. We'll see what a dual connection is. I defined it in words and, then, we -- we have a picture for you here in just a second. An irrigation system is fed by both nonpotable water sources and potable water sources and they come together and are separated by a back flow device, essentially. Dual connections typically exist, because people wish to irrigate using potable water during the shoulder season. That's what it looks like. This is a typical dual connection. Here you can see the house there and you can see the water meter with the domestic water on the bottom and the RP device that's feeding the irrigation system. Pressurized irrigation system is along the top. During the irrigation season the valves are set and those valves, by the way, are pretty important things. You're going to hear about what happens when those valves don't get set right. The valves are set such that the irrigation system from the pressurized irrigation company supplies water to the sprinklers, through a timer or whatever device that homeowner may have and away you go. During the shoulder season when the pressurized Meridian City Council Workshop August 10, 2010 Page 20 of 55 don't on the first time, so we have to send out reminder letters and say, hey, please -- please get that tested. That number usually goes up to about 98 percent after we send them a second -- a second letter. This is on our free program. United Water gets 60 percent initial compliance with a customer paid program. They only send out one letter. The back flow program issue. These are the things that we were tackling with just back flow prevention. First of all, the reimbursement program is expensive. Three hundred thousand bucks is a lot of money. Third party tester businesses have been established solely based on our program. The effectiveness is good. Eighty-six percent on the first letter is great. It's a great response. We are the only water purveyor in the state that does that. No else in the state provides testing reimbursement and maintenance fees. Twenty-three percent of our customers are actually being subsidized by the entire customer base, because most of the customer base don't have back flow assemblies, because they don't need them. So, we have a subsidy that's been going on with one group of customers. These are the alternatives we looked at for the back flow prevention program as it exists. Keep the program, the -- this is the rebate program. Keep the program as it exists certainly. Phase the program out over a couple of years or eliminate the problem now. What we would like you to do and like you to consider is to end the reimbursement program. We'd like to also have you or have us hold some -- a set of public hearings related to the back flow reimbursement and associated costs, so we can explain to folks why we are doing what we are doing. Explain what it costs, what it means, the benefits, and also the downfalls. Rather than have you talk about this right now, we would like to roll on to the dual connection part of the program, because you can see these two things -- as you will see these two things are going to be interlinked. Dual connections. Program goal is to reduce the probability of introducing some bad things into our water system. We would like to achieve a hundred percent back flow testing in the process. We have some ordinance related to dual connections and here they are. Order 9-1-29C talks about the restrictions, it says no subdivisions, building or lot or parcel of land shall be allowed to also connect if landscape sprinkler irrigation system to the city's domestic water system is a secondary source for shoulder season use. It does allow for a single point connection later on and that's a single point connection in a community. This is another ordinance, 917G, it says cross -connections are prohibited. No person shall make a cross -connection. This would be extremely bad for us, as you can -- as you can probably imagine. We'll see what a dual connection is. I defined it in words and, then, we -- we have a picture for you here in just a second. An irrigation system is fed by both nonpotable water sources and potable water sources and they come together and are separated by a back flow device, essentially. Dual connections typically exist, because people wish to irrigate using potable water during the shoulder season. That's what it looks like. This is a typical dual connection. Here you can see the house there and you can see the water meter with the domestic water on the bottom and the RP device that's feeding the irrigation system. Pressurized irrigation system is along the top. During the irrigation season the valves are set and those valves, by the way, are pretty important things. You're going to hear about what happens when those valves don't get set right. The valves are set such that the irrigation system from the pressurized irrigation company supplies water to the sprinklers, through a timer or whatever device that homeowner may have and away you go. During the shoulder season when the pressurized Meridian City Council Workshop August 10, 2010 Page 21 of 55 irrigation leaves, a customer will set the valves accordingly and, then, water his lawn through domestic water through the RP device. That's called a dual connection. This is what we would like to have instead. We would like to have the pressurized irrigation system certainly watering the lawn, but you see up there is the community RP device, which is serving the entire community through a water meter. That could be a four or a six inch water meter feeding the entire neighborhood. There is no connection at the house between the domestic water line and the sprinkler system. This is our dilemma. This is what the discussion has been all about. Our ordinance prohibit dual connections. They are pretty clear. Some dual connection systems exist, because back flow devices were installed before there was PI put in the neighborhood. Some dual connect systems exist and are still being installed in homes located outside the city in Ada County that are connected to our water supply. We have some brand new homes that are built less than a year old and Ada County approved those homes, but we didn't get to vote whether or not they should have a back flow device installed -- or a dual connection installed or not. We have unknowingly reimbursed contractors for testing dual connected systems. There is no way for us to really know which systems are dual connected and which ones are not by looking at our database as it exists today. We have not enforced our ordinance as related to dual connections. This has been going on for several years. Because of the reimbursement program people were led to believe that the dual connections were allowed. If we don't enforce it and we are paying for the assembly testing, it's almost a given that, oh, okay, the city's all right with that, let's proceed on. The last bullet there says dual connection requires homeowner diligence when operating valves to irrigate during the shoulder season. We have had instances where customers have pushed more than a million gallons through their water meter. What's happened is that they forgot to change the valves appropriately and they are feeding the entire subdivision with their water source from their home. Cost them a lot of money when that happens. So, that's a pretty important thing to the customer, I'm sure, to make sure the valves are set correctly. This is a magnitude of -- we think of the dual connect issue. We estimate that there is about 989 homes involved and those are the subdivisions that they are involved in. Meridian Greens, Sportsman Point, and the list continues on. It represents about 3.7 of our customer -- customer -- total customer base. So, about 900 homes out of 27,000 homes. This is the risk and this is the reason communities do not dual connect. This comes from California State University, contamination resulting from back flow of unacceptable substances through cross - connection to the distribution system has consistently caused more water borne disease outbreaks in the United States than any other reported factor. There are four main threats. The first one is Legionella. Legionnaire's Disease. The second one is E. Coli and, then, there is Giardia and Cryptosporidium. The last two are kind of -- kind of interesting. The last two are difficult to mitigate. The last two don't react well to chlorine or other disinfectants. So, if you get one of those in your system it's difficult to get rid of them through just this infection. You see there is a list of things there that are regulators want us to do and what Eagle had to do whenever they got a hit on their system. You got to isolate the area. You have got to report to the regulators. You have to issue a boil order. Then, you have to flush the system, add decontamination disinfection and, then, you have got to provide for extended testing. This could run into many thousands of dollars. The other problem is it's like a needle in a haystack of several haystacks, if Meridian City Council Workshop August 10, 2010 Page 22 of 55 you have to find out where that particular bug came from. This is what some of the other communities around us are doing. Kuna water allows dual connections, as long as they have an approved back flow assembly. Nampa water and irrigation does not allow them and they strictly enforce that. United Water is not a municipality, but they serve several municipalities and they do allow dual connections within an approved back flow assembly. Ada County is not a water purveyor, but they do allow dual connections in any house that they approve. Caldwell does not allow dual connections. They grandfathered a handful of homes similar to the condition that we had in the early '90s -- we have in the early '90s. This is what's happened over the years. Kuna, they have had no hits. United Water has had two hits over the past five years. I showed you one of them. Nampa has had none. We had our last incident it was in 1979 before we had an ordinance. Caldwell had its last incident in 1992 when they got their ordinance. This is kind of a good news list, because as you can see with several thousands -- tens of thousands of customers, there is not many hits there. It's pretty benign. And so that means the back flow assemblies that are installed, if they are installed properly and tested, they work. They do their job. Cost to homeowners to eliminate a dual connection. We looked around and called a few contractors. It looks like it's about 300 dollars to remove a dual connected assembly for a typical installation. Atypical installations can be much higher. An atypical installation might be where you have got concrete over some pipes and you have to do some jack hammering and you have to do some rearranging of a lot of landscaping or something like that. The single point connection is what we'd like to see folks install, but the estimates to install a single point connection to a community can range anywhere from 14,000 to 20,000 dollars, depending upon where the water main is and where the PI system is. So, it can be quite expensive. Some communities might need two single point connections, because of the dispersion of the customer base. What we did to try to solve the problem is we assembled a couple of teams. The first team is the city back flow team we will call it and these are folks from the water division and you can see just about every -- not every member of the city, but several departments were represented. Development services, legal, engineering, business operations, finance and we had our plumbing inspector involved. We appreciated their input. They gave us a lot of ideas and we beat this thing up over -- over a few sections to try to figure out what to do. The most significant folks we had helping us out was the stakeholders. We met with the homeowners -- some homeowners associations on August the 9th to discuss the issues and you can see who -- who we invited in and had in. We invited all of them in, but those four came to our facility. We really appreciated what they did. They gave us not only some ground truth help to make sure that what we said was right or wrong or indifferent, but they also gave us some great suggestions and we truly appreciate their help. Some of them are here this evening. This is our alternative we all came up with. First of all, we could eliminate the dual connection prohibition and order. We could just say, you know what, things are safe enough, let's just take it out. We could enforce the ordinance as written. We could enforce the ordinances while providing assistance to homeowners to remove the connections. That assistance would come as financial assistance, some sort of a co -pay, if you will, to help them take out their dual connected machines. We could enforce the ordinance and grandfather existing homes with dual connections. We elected to do the last one. We would like to initiate a campaign to Meridian City Council Workshop August 10, 2010 Page 23 of 55 describe our program to all of our customers. We could do that through mailings in to utility bills or our website, through articles in the paper, to let folks know what our program really is and what it means and what's at stake. We'd like to conditionally grandfather all homes built prior to August 1 st, 2010, the first of this month, to allow dual connections with approved devices tested annually. The conditions are simply that you have the right device installed and that you do test them annually. We would like to provide a six month grace period for homes to opt into our program. While we identified several subdivisions with dual connections, there are many more, we think, that exist that we just don't know about. Some folks have them hiding in bushes that haven't told us about them yet. We like to give folks the opportunity to come forward on an amnesty basis to say, hey, we have got one of those devices and we'd like to come into your program, because we know it will be grandfathered. Those not opting in at the end of the grace period -- and we are thinking six months just initially -- will be required to remove the dual connected assemblies immediately. How we find those will be kind of an interesting -- interesting thing. We are going to ask that we buy some software and do some things to help use our -- use the data that we have to detect who is using water when they normally shouldn't be using water, if you will. Enforce the annual testing requirements at the owners expense while we would like to make sure that the owners are testing the dual -- or, I'm sorry, their assemblies at their expense. We would no longer be providing them with -- with assistance for testing and maintenance. And except for the grandfathered homes, enforce our ordinances. Those who are not grandfathered in they have to comply with everything that we -- we ask. Moreover, we would like to continue to send out the annual testing and reminder notices to -- of known assembly owners. We need to work with Ada County to implement our ordinances in homes that are connected. We have got to have them tell us when people are dual connecting, so we can say, no, you can't do that in the City of Meridian. We are the water purveyor, not you. We would like you to consider a due on sale lien to reduce the number of dual connections over time. This is not unanimous among the homeowners. They don't necessarily like this particular recommendation, but we think it's one way to eventually reduce the number of dual connections in our systems over a number of years. We'd like you to also consider assisting -- having us assist removal of registered dual connect folks. If folks have a dual connection they want to get rid of it, we'd like you to consider having us cost share with them to get those assemblies out of the system. If grandfathered all the dual connection systems must have our RP devices installed. Those are the safest ones that need to be installed. And we'd like to reallocate some of the resources we have right now, the 300,000 dollars that we have allocated for next year, dedicated to testing to management and removal assistance, such as upgrading the computer programs that we will need to try to track who has got a dual connection and who does not. And also to get some additional administrative help to chase down the issues. These are the benefits of the recommendation. First of all, our water quality issues are addressed. We have reduced risks over time. We have many back flow assemblies that will eventually leave. We know that the engineering on a back flow assembly is good. It's been proven. We know our experience in the Treasure Valley has been good with back flow assemblies. So, water quality speaking, we feel very sure, as long as they are tested annually, that we are going to have a safe system. We'd also -- the recommendation also addresses fairness and equity. We let Meridian City Council Workshop August 10, 2010 Page 24 of 55 people on and we want to try to help that out by minimizing the cost share with the homeowners to maintain their systems. If we eliminate the reimbursement program, one homeowner group or sub group is not going to be subsidized by everybody else. And, finally, there will be some monetary savings to the city. Again, we'd like thank those folks who showed up yesterday to help us craft some of these alternatives and recommendations. They were a great help and, again, they helped ground truth this sort of thing, so we appreciate their attendance and we look forward to working with them in the future. Do you have any questions? De Weerd: Council, any questions? Mr. Rountree. Rountree: Not really a question, but, you know, a general comment. I think you have done some good work. There are, obviously, some recommendations in here that are on the market and some that I'm not sure I understand and some I probably won't agree with. What's your timeline? What do you anticipate you need in terms of time to implement a change. Dees: Well, it depends on which change you're talking about. If you're talking about the recommendation to eliminate the reimbursement program, we would like to see you take some action before the fiscal year change. Rountree: Well, I'm just working off your recommendation. Dees: Right. And that's -- Rountree: Knowing your recommendation may not quite come to pass, but -- Dees: If they don't? Rountree: Yeah. Something might be crafted that's different. But I'm working off your recommendation. So, you anticipate you want it by the next fiscal year? Dees: We would like to see something by the fiscal year change. Rountree: Okay. Hoaglun: Madam Mayor? Rich, how many homes -- I think you said 3.7 percent and you had a number up there and I missed that. Do you recall? Dees: Hundred and eighty homes. Hoaglun: Okay. And what's the annual testing cost per -- per device? Dees: Interesting. If you look at our bills that we pay every -- every month to our annual testers, we authorize up to a maximum amount. Oddly enough, many of those testers charge that maximum amount. However, if you were a person in the city of Meridian City Council Workshop August 10, 2010 Page 25 of 55 Boise wanting to get your back flow assembly tested, you would pay considerably less. About 35 bucks. Rountree: For -- if you are in the city of Boise? And what's our maximum cost? Dees: It depends on the size of the preventor. A preventor up to -- I have the list right here. The preventor three-quarters of an inch up to a two inch, the pressure vacuum breaker is 50 dollars. If it's a dual check it's 75 dollars. If it's an RP device it's a hundred dollars. That's what we allow. Hoaglun: Okay. And that was a question I had when we were making recommendation for an RP device an those were a hundred dollars. Dees: That's what we allow up to. Hoaglun: Okay. Dees: Now, what they will charge for that, if you weren't the City of Meridian, we suspect it would be considerably less. Hoaglun: Okay. Thank you. De Weerd: Other questions from Council? Hoaglun: Madam Mayor, I did have one other I forgot and plans for enforcement, I mean you talk about software, you talk about, you know, education campaign, you're aware of 980 of them right now. So, how do you enforce that? Dees: We have a back flow inspector and we literally put him on the street, having him looking and if he sees a dual connected system and it cross-checks here with our database and it's not one of the ones that are registered, we will be knocking on the door and that's where the enforcement action takes place. Hoaglun: Okay. So, I would imagine, Madam Mayor, there would be some people out there they won't understand the term dual connection. I mean they just know they go out there and they flip a lever, they turn a valve, and their water continues, you know, and they just know that the house they bought, that's what the homeowner said to do when the irrigation season is over, if you turn this valve you can keep watering and, then, when the irrigation comes back on, turn the valve and you're on irrigation water. So, there might be a few like that out there. Dees: We understand that and we certainly will work with folks on an individual basis. We are not looking to be the heavy handed, oh, police -- water police, but certainly if the folks have some education, they understand what they are doing and they still refuse to, you know, comply with the ordinance, those are the ones we will probably go after. Meridian City Council Workshop August 10, 2010 Page 26 of 55 Hoaglun: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Rich, one of your recommends is to remove the payment for the back flow testing, yet we have an 80 plus percent compliance and another system you identified on a customer base pay was 60 percent. There is a margin of error in there. What's that worth? How do you quantify that? I mean help me out here. You give me some numbers, but how do I work with them? It seems to me that there might be some value in that 300,000 dollars. Dees: There is value in -- Rountree: To everybody, even though a few of us are subsidizing it. Dees: That's correct. There is value in that. In fact, that was the -- that was why we wanted to tell you that. We are enjoying a success that other communities are not. When you get an 85 percent initial response, it's like sending letters out to a few thousand folks. That's pretty good compared to the rest of the folks that have to, you know, use other methods that are quite frankly difficult. So, it makes it easier for us, certainly, when that happens and the program as it exists does get a response out of the -- out of the folks for the reimbursement. Now, if you leave that program in place, it doesn't give us very much wiggle room to help with the dual connect situation. So, we were going to use that money to offset the dual connect a little bit, but certainly that has benefit, it keeps our water supply in a much safer condition than it would otherwise be. Rountree: So, as you deliberated that particular recommendation, did you or anybody else consider an incentive -- maybe not paying the total fee for that, but a nominal fee, maybe a ten dollar certificate with a notification that if you use it you get ten dollars and you can use that for a ten dollar rebate or something of that nature. I mean to me the idea that we get that kind of percentage return is -- again, that accomplishes the goal. If we go through all of this and, then, we end up with a 50 or 60 percent response, I don't know that we have accomplished anything. Dees: Councilman Rountree, Madam Mayor, indeed, we did consider that. We considered, essentially, chopping the price list, if you will, in half. At least in half and reduce it by quite a bit and have the homeowner pick up the remainder of the fees that the back flow preventer companies would charge. Instead of paying 50 dollars, pay only 25 or something like that. So, certainly that was considered and we -- that would be an idea and we would be happy to do that if that's what you want us to do. Rountree: Madam Mayor, I don't have anymore -- well, I have a bunch of questions, but not right off the top of my head. But I'd like to hear from some of the folks that are here this evening. It appears that there is a few homeowners out here that are interested. Meridian City Council Workshop August 10, 2010 Page 27 of 55 Dees: There are some homeowners here. For certain I know Meridian Greens is here and I don't know if others are here as well. But they are here and they were in our meeting with us, so -- Hoaglun: Madam Mayor. Rich, you had a slide earlier that showed -- for a subdivision you want to go from the individual connections to a -- on of the options is to go to a communitywide -- Dees: Single point. Yes. Hoaglun: -- single point. That was the term used. Thank you. Is that what some of these subdivisions -- Meridian Greens, Summerfield, I think some of those other ones you noted, is that what -- that's an option for them, but that's the one that would cost 14 to 20 thousand, depending on number of units and that sort of thing and -- but that's -- would those subdivisions -- does that make up the bulk of -- I mean we know there is solo dual connectors out there, but in terms of percentage of those that we are aware of, what do those subdivisions make up, any idea? Have you quantified that? Dees: I don't have that, but I know there are subdivisions with single point connections now established. For some of the subdivisions that I listed it would be terribly expensive for them to pay 14 to 20 thousand dollars and they only have 12 homes in the subdivision. That would be a huge burden on those folks to do that and I -- I find -- I think they would be hard pressed to do it. Some of them have only 25 in the neighborhood. Now, the ones that have 400 and 600, you can amortize the cost over -- over that a little bit easier, but when there is so few in some of those subdivisions, that makes it very difficult. Hoaglun: Just -- I'm thinking of -- is it worthwhile -- if we are budgeting 300,000 a year -- and I haven't run the numbers and I'm just trying to figure out -- like Councilman Rountree here, you know, we need to discuss this thoroughly and wrap our brains around it, but, you know, is there a way that it's worthwhile to take some of that money and mini subsidize to help move them from dual connections on individuals to one single one and are there ways to do that. I don't know, but I'm just trying to organize those thoughts in my mind right now, so -- Dees: Councilman Hoaglun, we had some suggestions to do just that. One of our suggestions was is instead of paying the individual to remove the individual dual connect device is to help the subdivisions pay up to half of that 14,000 dollars to install a single point. We thought it was better, though, to get -- take care of the problem. The problem is not single point, the problem is all those dual connected in those houses. That's where the issue is. That's where your liability is. So, we thought, well, let's concentrate our money there. We'd rather put money into those -- you know, replace those or take those out than the single point. We were dealing with a finite number, 300,000 dollars. At one point 300,000 dollars we figured if we paid 150 dollars per Meridian City Council Workshop August 10, 2010 Page 28 of 55 household, considering it was 300 dollars a person, that's half, we could do every one that we had on our list and probably have a little few bucks left over. Rountree: I have a final question, but have you evaluated and studied -- you talk about the shoulder season. I have lived here for a long time, long enough to remember the one incidence in 1979. 1 happened to be in one of the subdivisions that it affected. It wasn't pleasant, but it wasn't unhealthy either, it was just a matter of getting up in the morning and taking a shower and thinking you're out in the middle of an onion field. That was remedied, but my question is the shoulder season. Have you evaluated and are you looking at an educational program that addresses the fact that you really don't need to irrigate at that time of year. I have lived in three homes with three different locations in Meridian for in excess of 30 plus years. Don't irrigate that time of year. When the irrigation water is off I don't irrigate anymore. I'll put my green lawn up against anybody's in the community and, you know, it does dry out a little bit and gets a little parched occasionally. It has in those years. Not many times. But it comes back in the spring like gang busters. So, have you done some -- given some though to the fact that you need to educate folks that do we really need to spend this kind of money to irrigate our lawns? Dees: Madam Mayor, Councilman Rountree, that actually was brought up at our homeowners meeting yesterday. One individual there said, you know what -- he said exactly what you said. He said we live in the desert. Quite frankly, if the irrigation season stops, you stop watering. It makes sense to use irrigation water for irrigation for lawns and things like that and not use potable water, which is sort of a precious resource, to -- to irrigate yards with. The back flow assemblies and the dual connects and these single points are made as a convenience because folks want to keep their lawns green until October, I suppose. They can continue to irrigate. Would that -- would we have an education process to not -- you know, not have that happen? You bet. That has to be part of it. Rountree: Thank you Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I wonder about a -- that's a good idea as well, but a different kind of an educational process that might let us find some of the people who are not on our list that have a cross -connection and it's -- what I'm thinking about is when we get to a shoulder season we ask people the questions similar to what Brad said, we stuff something into the water bill that goes out in late September or early October that says do you have a valve in your yard where you can keep your irrigation going after there is no water in the canals. Do know that there is an ordinance that says you must have a back flow device and you must test it every year and if you have not been doing this, please, call us. Dees: That's, essentially, what our opt in program is. Meridian City Council Workshop August 10, 2010 Page 29 of 55 Zaremba: Okay. Dees: That's exactly it. We will try anything to get folks to opt into the program, so that we know where those preventors are located. We still think there is going to be some folks that just are not going to tell us. They are going to hide it from us and that's that. So, we are going to have to ferret it out using whatever means we can. Zaremba: My thinking is if coupled with that you explain the danger of contaminating the drinking water, why is this an issue? I think people would see to a back flow device at least, if not removing their dual connection. Dees: We agree and we think -- we think that would happen. Education is huge and we were going to use the billing system as part of our education piece to do that very like thing. De Weerd: Well, I can tell you the billing system is not the best way to educate your public, because if they are anything like my husband, it gets tossed and not read. So, you know, I think we have to look at a number of different ways of reaching it. Dees: We had some -- Madam Mayor, we had some suggestions from the homeowners folks this evening that they would announce it at the homeowners meetings. We would provide -- you know, material so that they could bring it up at their quarterly meetings and the annual meetings they have. Certainly we would do that. Again, we would do a web -- web presence and any other education, like public meetings. We agree. Happens at my house, too. I'll toss out all the extra pieces and keep that little bill. De Weerd: Any other questions from Council? We would like to invite anyone -- any of the homeowners who would like to make comment to, please, share with us this evening. Rountree: Rich, could you get us a hard copy of your Powerpoint? Bird: Yeah. Dees: I'm sorry, I didn't -- Rountree: Get us a hard copy of your Powerpoint. Dees: I will. I'll print it out and have it in your boxes tomorrow. Is that -- Rountree: Thank you. Bird: Thank you. Meridian City Council Workshop August 10, 2010 Page 30 of 55 De Weerd: Thank you. Victor. Please. If you will, please, state your name and address for the record. Watson: Yes. Mayor De Weerd and Council, my name is Victor Watson and I live at 1069 East Cayman in the Meridian Greens Subdivision. First off, Mayor and Council, is we wanted to thank you for allowing us to speak here this evening. I also want to thank Mr. Barry and Mr. Dees have been gracious in visiting with us. We have had an opportunity with the Mayor and Mr. Barry and Mr. Dees in the past and, then, as he said last evening. I have a number of points, but I'd like to reduce them to just three, so that we are not taking very much of your time. As we met with the Mayor and with Mr. Barry and Mr. Dees, we came to an understanding -- a new understanding of the dictionary language of what dual connection means and what's legal and what isn't legal. We think that we are all now on the same lexicon, that we are talking about the same kind of thing. Let me cover it in three points if I could. One would be in terms of the actual abatement. If the decision is everything has to go quickly, a plumber may say it would take 150 to 300 dollars and that may be true. I'm certainly not the person qualified. But with that conducting a scientific poll just in our neighborhood -- let me tell you that there are at least three people -- and I'm one of them -- who would -- in my home it would require removing some of the -- the landscaping -- mature landscaping, removing part of a decorative concrete curbing. In one case it would mean removing some sidewalk under concrete. My neighbor, who has been in his home for over 12 years and he bought the home from somebody else. When he came there where his system is located it's under a five -by -five square of concrete. I don't think you can jack hammer that out and take out that system or cap off that system for 150, 300 dollars. So, we would just like for the Council and the Mayor to understand that it's not just the 150 dollars, it's going to be more than that. So, that would be point one. Point number two is that Mr. Dees I think made a good presentation, he's been forthright and honest and I'm not in any way accusing Mr. Dees of changing the information. We believe we understood that the ordinance actually came about in '80, rather than '89. We won't -- we are not going to quibble over that -- over those years. The point is that for nearly a quarter of a century there has been excellent quality management of the water system. When you have an incident experience, as was in that particular slide that you saw, think anybody in quality management would say that's about as good as you can get. We know that in the city there hasn't been that many instances of cross -contamination. Part of the reason for that is the use of the internationally accepted back flow devices, the RP devices. So, you get to the issue, then, of risk management. We drink the water. I mean I drink that water, too, and I don't want bugs in it and don't want chemicals in it. You know, we don't want to poison ourselves or anybody else. Yet if you look at nearly a quarter of a century of good practices, then, you look at what is the -- what's the level of the risk and we would suggest that you haven't reached that tipping point of forcing a group of people to go back and tear something out that, obviously, it's working very well. So, we would -- we would find that the manage -- that the risk is not that great, at least to this point. The third thing -- and I would apologize to the City Council over here, I'm not trained in law, never have been, never will be, but I'd like to borrow a term that is sometimes used in law and I know that attorneys sometimes don't like these lists, but it's the reasonable man test and in the reasonable man test we have Meridian City Council Workshop August 10, 2010 Page 31 of 55 two issues, one of negligence and one of diligence. So, what we would like to ask the City Council is to be a reasonable man and woman in looking at what's being requested here. Again, this is not an attack in any way whatsoever on the city, but nearly a quarter of a century there has been a negligence in enforcing an ordinance. In that period of time from '81 or '89, whatever the period is there, many people, myself included, have either paid to have a test performed on our PVs, the best of the back flow devices. We have paid for that. The city's paid for it. And each time, as you know, we get a ticket that goes on our device and says you're okay and we have believed that we have done what is legally responsible, that we have been diligent in following requirements. The city's been negligent, if you will accept that term, in not enforcing. We would ask you to be reasonable and say that we have done what we should have done in meeting the requirements of the city. As you know, there are some municipalities who read these ordinances and interpret them one way and some read them and interpret them another way. We are not here to tell you how to interpret the ordinances. But there, obviously, is a provision in these for approved back flow devices. We'd ask you to be reasonable and recognize that there is a good recommendation that those people who already had these and have been compliant be grandfathered. Now, the last one -- last one. suppose that's actually a -- it's the point of the additional sale in the event that I sell my home and, then, you would require that the new homeowner abate the dual connection, we'd ask you to consider that in that event there may be some specially -- as you know, it's always the devil in the details. You know that as well as I do. We may have homeowners who have special needs in the home that there should be a consideration there. So, we would ask you to be reasonable and accept the recommendation of Mr. Dees that there be a grandfathering allowed in and, then, enforcement from this time forward. Thank you. De Weerd: Thank you, Victor. Any questions? Rountree: Madam Mayor. Just help me, because it's your reasoning and logic that I'm trying to follow. And you're talking about risk and that we have only had one incidence in a significant period of time. What level -- what's the risk you're talking about? From an elected official's perspective that health and safety of those folks that presented the privilege to us, they don't expect to get bad smelling water, bad tasting water, they get real upset when water gets flushed and there is a little coloring in it and there is absolutely nothing wrong with it. But you get one case of crypto or something like that and the sky is falling. So, I understand the fact that it hasn't happened. We have to look at it from the perspective of it's not acceptable to happen, because that's the public expectation. Now, if you can tell me your expectation, it's okay once in awhile to get sick from the water I drink, then, I can understand your risk statement in the fact that we haven't had a problem. But, you know, sitting here and having an outbreak of whatever and having had an outbreak of colored water when the lines get flushed, and knowing the response that the water department and Public Works gets and the Mayor's office gets, what's going to happen if it's not necessarily, you know, life threatening, but causes some indigestion and other related responses. So, you know, appreciate where we have to come from as well. I guess that's what I'm saying. I understand what you're saying about risk and it hasn't happened, but, again, the public perception of their Meridian City Council Workshop August 10, 2010 Page 32 of 55 police, their fire, their water and their sewers, that it works and it works every time I go to use it and if it isn't working, you guys -- you guys haven't done your job, so appreciate that as well, I believe. Watson: Mayor and Council, I'm not sure what the question is Rountree: It was more of a comment, but my question is your risk is kind of a statistical risk, I guess, that it hasn't happened and it may not happen. Watson: Mayor and Council, I'm not trained in the sciences, I'm simply looking at the fact that in this city and in other cities the risk, apparently, has been relatively low. Again, the instant experience has been excellent. We are suggesting that it is reasonable that we all want good water and that rather than going back and tearing up what's been working, that you grandfather this point and enforce from this point forward. Rountree: Okay. Thank you. Madam Mayor, another question. And it was your last point about abatement on sale and I wasn't sure what your position was there. Watson: There are a couple of our homeowners who find that to be questionable. We have a particular homeowner who has a health issue, a disabled person in a home, and eventually somebody else will have to come into that home and if there is a title change, then, it would be that -- that the issue of abatement would come up. We'd like for you to be aware that there may be special needs that would have to be considered. Rountree: And, lastly, it sounds like you all had discussions about the fact that the city does reimburse for testing and you all -- or the majority of your folks have taken advantage of that. Where are you with that going away and I guess to you still have the sense that you will continue to get tested. Watson: Mayor and Council, we would expect to still have an annual test on the -- on the RPVs and for our part, certainly for our subdivision, and I believe the feeling of the other people who were there yesterday and Richard -- Mr. Dees might want to speak to it, but my feeling was that we all agreed we would be perfectly happy and expect payment for the inspection annually as we did for years. Rountree: Thank you. Appreciate that. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question for Mr. Watson. Is Meridian Greens Subdivision -- would they be able to transition from a single point of where there is one regular -- one dual connection, basically, with all the systems in place and that runs out to all the neighborhood, is that a system that's doable for Meridian Greens are you aware? Meridian City Council Workshop August 10, 2010 Page 33 of 55 Watson: Mayor and Councilors, I don't know the absolute answer to that question. Now, Jim Rosetti, who is our president is here and he may speak to it. We have looked at the size of the pipe, four inch, six inch pipe, and as Mr. Dees said it depends on where things are located. Me personally, I'm just speaking for Victor Watson here, I think it's a good approach. Is it doable? Is it financially doable? I really can't speak to that. Hoaglun: And Madam Mayor and Mr. Watson, I'm looking at it from a cost sharing standpoint, if we were to help mitigate some of those costs to go to that single point and -- and that way you're going to be testing one connection a year instead of everybody having to pay and different things like that, like -- Watson: Mayor De Weerd and Councilors, there actually are two issues, as I understand it. And, again, I would expect Mr. Dees to correct me on this if I'm incorrect. Even if we were to go to a single connection, you still have the issue of abatement back at my house. So, you really have a couple of costs. Again, I'm going to speak for Victor Watson only. My colleagues can throw chairs at me. But for me if the city wants to come into my house and pay to cap that thing off, then, you're welcome to come in, because I don't have great water pressure anyway. And the shoulder season is not a big issue for me personally. I use it a little bit -- in fact, I used it a week or two ago when had to change -- and my IP system had to change a valve out. But a single connection is one -- pardon me -- is one financial issue, but you still have to go back and have abatement at the home still. So, there really are two issues there, I think, councilor. Hoaglun: Thank you. De Weerd: You learned well. Watson: Thank you. De Weerd: Okay. Is there additional comment? Good evening. Ball: My name is Mike Ball. I'm president of Sportsmans Point homeowners association. I live at 1529 South Labrador Place. In the meetings yesterday afternoon and some discussions prior with some of the homeowners with Mr. Dees on his plan. I'd kind of like to recommend going with that due to all the -- one, safety issues, risk to me. Any risk is not acceptable as far as water. Because of the no enforcement over the past few years I believe the grandfather clause should be installed and stated or at least a supposition that, you know, upon sale of the property that they be abated and removed and I think that would reduce over the years, because going forward we have no conscious effort of whoever purchases a home that they are going to continue the testing process and know the important -- the importance of that testing process. As far as the single point of contact for irrigation systems, we had looked at that as a homeowners association at one time, yet the big cost that they have given us at that time was like 17,500 dollars and that's a pretty stiff cost and even if you're spreading it out over a couple hundred homes, which I think it's about 217 homes in our subdivision Meridian City Council Workshop August 10, 2010 Page 34 of 55 that would have that, that's still quite a bit of a cost and, then, there is the abatement issue that you have to pay a certain fee every year in order to use that water fee. So, that has prohibited our group -- or at least our board from proceeding with that -- with looking at that any further, just because of the cost. And even at the point I think now of the extension of the shoulder seasons are only one time in the last, what, seven or eight years have we got our water cut off early and you kind of looked at that and you go, really, is it worth it. And, then, at that point in time we are using groundwater which is very very precious. We live in a desert, you know. It's the end of the irrigation, we got irrigation, it's cheap, let's be done with it, so -- and that's my opinion, so -- De Weerd: Thank you, Mike. Any questions? Ball: Thank you. Rosetti: Madam Mayor -- Madam Mayor and Town Council -- Councilmen, my name is Jim Rosetti and I'm the board chairperson for the Meridian Greens Homeowners Association and I'd like to echo just a couple of things what Victor Watson said. First, I'd really like to thank you the folks at the water department, Mr. Ness that helped us yesterday to try to work some of these problems out. The second thing is Victor mentioned the irrigation system, the single point irrigation and the distance between where the city water is to our pumps, probably in the -- speaking of the costwise, you're probably looking at somewhere in the neighborhood of -- anywhere from 25 to 30 thousand dollars to install that system. Plus you also have the cost of mitigating the homes. I guess that to look at those two items, basically, is we are in favor of the -- Mr. Ness's proposal and would like to see that come about. Thank you. De Weerd: Thank you. You need to be at the microphone. Thank you. Rosetti: We have got two individuals that are on our item that are not in the subdivision and they are two -- we used to refer to them as farmers along Overland and those folks flood irrigate and they don't pay into our system, but they were given the right for free water -- irrigation water from our developer and right now we feed them from our current system, so they would take full advantage of the city water to flood irrigate their -- their acreage along Overland. That would be our problem would be those two folks. So, thank you. De Weerd: Thank you. Is there any further comments? Okay. Rich or Tom, any further comments from you? Barry: Thank you, Madam Mayor, Members of the Council, and certainly those who have participated this evening, we do thank you for coming, meeting with us, sharing your ideas and thoughts. We are grateful for your opinions and we do value those. And I also do want to thank also my staff and certainly the staff from the other divisions within the city that have helped work through this problem. This has been an ongoing situation for us for many months. I do want to just mention a couple things. First of all, there was a statement made earlier that, essentially, the city was negligent and I would Meridian City Council Workshop August 10, 2010 Page 35 of 55 like to just disagree with that. I don't believe the city was ever intentionally negligent. think a lack of knowledge about these systems that are oftentimes permitted by other agencies that, then, get annexed into the city or, alternatively, put in without any permits or put in after the homes are built, does not imply negligence on the city's part. We do not permit these kinds of dual connections. We have not allowed them for many decades and we have, as we have found them, required people to address them. We have over a dozen or so just in the last six months -- 17 in the last six months that we have forced to change these systems out. So, I don't believe and I take issue with the statement that the city was negligent. But barring that, I do think we have a good plan. think the plan does accommodate both the homeowners and as sympathetic as we can be, empathetic, with regard to the situation by allowing the grandfather period, but we also feel as water purveyors that it's our responsibility to not just allow a current situation, but to do what we can to reduce the risk over time, which is why we feel a due on sale clause makes a lot of sense. We also feel that if we can divert those monies that are currently spent, either in a reduction of the service for the testing of back flow prevention devices, or, alternatively, in elimination of that program entirely and divert either a portion or the whole of that 300,000 to what seems to be at this point a greater risk -- not to suggest that back flow prevention testing is not a risk, but we do know that those are private devices and as has been mentioned this evening, they are owned by the owners of the homes and are required under ordinance to be tested. We are the only purveyor in the state that -- as was mentioned earlier, provides that benefit and we do see the benefits of providing a reimbursement. But we'd like to also see about what we can do to eliminate or reduce significantly the number of dual connected systems and that's why that was in the recommendation earlier. So, I don't know, Mr. Dees, if you have anything else to add. Dees: No. Thank you. Barry: So, we will stand before you with questions or take any guidance or direction you can provide for us. If you'd like us to bring some formal proposal back we can do that. We have just put together this evening, essentially, overall components of what would be that proposal for your discussion. De Weerd: Council? Rountree: Madam Mayor, I would prefer the opportunity to take the information we have heard tonight and Rich's presentation and the input from the homeowners associations, which I very much appreciate, and continue it as a workshop item and maybe give specific direction on the 14th at least where I'm going to come from and everybody can -- and, then, you all can take it and try to craft it into something that makes sense. But I don't -- I don't know of all the recommendations that you propose, whether I could necessarily endorse each and every one of them at this point in time without looking at them and comparing them and maybe even adding to them. So, I want that opportunity. Barry: Certainly. Meridian City Council Workshop August 10, 2010 Page 36 of 55 Rountree: Which is a workshop, it's not a decision activity tonight anyway, so -- Hoaglun: And, Madam Mayor, I might echo those comments. In fact, I will probably call you, Rich, to get -- make sure -- as I think Mr. Watson said making sure I'm on the same page with some of the language and different things and understanding of this. There is a few questions I have to make sure I truly get it and so -- before we make a decision here -- make some recommendations. Thanks. De Weerd: Okay. Barry: That sounds great. We appreciate any comments you have to share with us. We will continue it at the next workshop and certainly we would invite any of you folks who have come out or if you have other, we'd certainly love to work with you between now and then and also invite you back as well, so that we can continue the conversation. But thank you for that and we will get you the hard copy in your mailbox hopefully tomorrow and if you do have any questions, both Rich or myself can address those and we will look forward to meeting with you again to continue the conversation on the 14th. Rountree: Very good. Barry: Thank you all. De Weerd: Thank you. And thank you for the citizens that did join us here this evening, for your involvement and dialogue. It is a learning process. C. Information Technology (I.T.): I.T. Policy Discussion De Weerd: Okay. Our next item, Item 8-C is our IT Department. Nary: Thank you, Madam Mayor. De Weerd: Are you our IT Department? Mr. Nary. Nary: Yes. It's a pretty scary thing to say, but yes. De Weerd: It is. Nary: Madam Mayor, Members of the Council, what's in your packets are some policies and the IT committee with Terry Paternoster, our IT manager, leaving, have come up with for different -- different practices within the city. Some of them are really guidelines of how things -- we'd like how things to be, what requirements we want to put into going forward on how our technology is used and how it's purchased annually and those types of things. Terry offered to be here tonight. He's off for a couple days. He just purchased a house, they are trying to get that finalized, and I told him, you know, it's a Meridian City Council Workshop August 10, 2010 Page 37 of 55 fairly lengthy discussion that may be involved with this and so what I was going to suggest is simply if you have some initial questions tonight, it is a fairly -- there is 16 pages in here. Some of them I think are really routine things, some of them are probably a little more than routine things, and so I would suggest we put it on next month's workshop. That gives you time to read it and, then, come up with questions if want to have questions ahead of time, you want to get to myself or to Terry directly so that we can come prepared to answer you on the record then, we can certainly do that as well. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bill, would you see that we get a hard copy, each one of them. Nary: Yes. Bird: I can read a hard copy better. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, is this, essentially, the same as what you provided me about four weeks ago? Nary: Yes. Rountree: Okay. I just wanted to comment that I have gone through it, I had some nitpicky stuff, but in general I thought you have done an outstanding job of creating policy for a new fledged department and a policy that will guide the city on the right course in the coming years. But I will discuss those nitpicks with you -- Nary: Great. Rountree: -- sometime between now and next week or next workshop. Nary: Well, thank you very much. Thank you for those words and, like I said, Terry and the committee have done a lot of work, we have vetted this with the directors to make sure it does make sense and that it's practical for application. Like I said, some of these are pretty routine things and things from practices we have been doing and just to memorialize it. Some of them were things that we had to kind of massage with the departments to make sure it made sense. But I will pass that along and I will get hard copies back out to all of you as well and, then, we will put it on next month and, hopefully, we can finalize it and get it formalized. Meridian City Council Workshop August 10, 2010 Page 38 of 55 Rountree: I don't need one if it's the same as what I already have. Nary: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba: Zaremba: I already have the hard copy as well. Nary: Okay. Zaremba: And in going through it I thought it was very thorough and good work. The one thing that I was looking for as I read through each section -- and sometimes it was there and sometimes it wasn't real clear -- is the distinction between the system administration part that IT is responsible for and the user part that a department is responsible for to make sure that the departments are left with the flexibility they need to operate their end of the system. And I saw that on some of them and some of them it wasn't that clear. But overall I thought it was a very good effort. Nary: Thank you, Council Member Zaremba. I think we -- we will look through it again before next month to make sure we have identified some of those. We think so, but, you know, I think what happens, like most things, we have read them a number of times, we have gotten pretty used to them, we know what we mean and it may not be and that's why it's good to have another set of eyes looking at it. But we certainly will -- that is the intent is to maintain the system administration separate with IT versus what the users need and it has been I think pretty successful in divvying it out that way, but we will make sure that wording is clear. Zaremba: Thank you. Hoaglun: Madam Mayor, Bill, I went through it as well and I thought it was -- met the needs for the city. I guess my only comment when I was reading through was the fact you discuss in different locations about the need for IT being involved with software selection and, of course, different agencies have different needs, but it's good for them to be involved. The enterprise application policy I thought was good. I guess it comes down to -- and probably more for the Mayor in terms of making sure IT has that ability to work with the agencies and so we don't build silos as are referred to, where they are not citywide or they are so unique to that agency and so costly that we get ourselves into a situation that they are locked in and it becomes very expensive and we are held hostage in some degree to some of these manufactures. So, having IT looking at that -- what options are out there and how they can do that and the most cost efficient way, found in the state controller's office what shocked me was the license agreements and the annual payments that you had to come up with. It was just mind boggling what they charge for that. It's not initial getting in the software, but it's those annual fees and once you're in you're in and so that is something that we need IT to be working on with those Meridian City Council Workshop August 10, 2010 Page 39 of 55 agencies and I know you want them to be working together, so I'd encourage you to keep that up. De Weerd: Which is one reason the policy was written the way it was. I can tell you that there are occasions where software would like to be purchased that would be cost prohibitive to maintain and I think that the IT committee and the directors have come a long way in starting to play well together in the sand box. Nary: Madam Mayor and Members of the Council, I mean just as one final word, I think what you're really talking about, Council Member Hoaglun, which I think as an organization we continue to move towards and I think get better at it, really creating that culture that requires that collaboration, because it's inherent in how we do business and so that dialogue that isn't very common in a lot of governmental entities or any other types of businesses, is its pretty inherent in how we do things and the Mayor is exactly right, it's not something that's happened overnight, it's things that have developed over time, but I think it's hopefully building credibility with IT with the departments that we are there to provide a service and to provide the things they need, but not necessarily to just simply keep creating different silos of products so that -- again, because it's more cost prohibitive to do, it costs more for training, it costs more for licensing, we are really trying to collaborate with them and I think it has become much more a part of the culture of how we do business internally here and I think those are good things and that's how to avoid those long-term costs that can be crippling for people. De Weerd: Well -- and I think you saw that with the enterprise software. A number of departments kind of were involved in looking at that, evaluating it, determining how it would meet different needs and so it's -- it's been nice to see that progress. Nary: Now it's just massaging that contract. That's the lawyer part. So, we are still massaging on that a little bit. But that's okay. We like that part. De Weerd: I know. Scary. Okay. If there is nothing on that, we will see it back next month. D. Planning Department: Letter to Ada County Regarding Proposed Development on the Northeast Corner Chinden and Linder (Eagle Island Marketplace) De Weerd: Item 8-D is our Planning Department. In front of you, Council -- or in your packet you do have a letter and I will turn this to Anna. Canning: Madam Mayor, Members of the Council, the purpose of the letter is just to kind of get Ada County up to speed on what the City of Meridian has been doing regarding access to Chinden Boulevard and our applications that we have, basically, told them no access and it kind of gives a little bit of the background history on that and asks them specifically in evaluating the Eagle Marketplace, which is the northeast corner within the City of Eagle's area of city impact, to ask them to look at two particular Meridian City Council Workshop August 10, 2010 Page 40 of 55 issues. One is that the City of Meridian asked them to preserve the corridor and easement for a 16 inch diameter Boise River outfall pipe along the south side of Chinden Boulevard to Linder Road and, then, along Linder Road going north to the Boise River. What's proposed now is that there would be a forced main for the Eagle Marketplace project within the area we are currently planning on putting our sewer mains. So, that is one of the issues and, then, the other larger issue is the access, so we are requesting that they not approve the requested access to Chinden Boulevard by placing restriction on the plat or that if they have to not approve the rezone, if that's the way they feel they need to go, but we'd like to see that access preserved, unless there is a plan that provides access to all four corners equally. It -- we have always stated and the Mayor has held meetings with those property owners to state that it's not fair if one corner gets to have the access just because the City of Eagle didn't opposed it, which is kind of the unofficial reason we have heard that it was approved. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, I think on the first line of the second development -- of the second paragraph -- Canning: Yes, sir. Bird: -- in parenthesis, I think that should be northeast corner instead of northwest. Canning: Probably. Oh, yes. It should be -- Bird: Is that right? Canning: -- southeast and northeast. Thank you. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Anna, on the second page, the second paragraph, the last sentence, I'm not convinced and haven't ever been convinced that access is necessarily a competitive advantage. So, I would say let's not admit that we think it is, because I don't think it is. And say we are now, unfortunately, in an untenable position where we have held the faith with the US 20-26 study as a partner in that study, where other partners have not. Hoaglun: Madam Mayor, Councilman Rountree, I think that's well put. Bird: Which one are you talking about, Charlie? Rountree: The second paragraph, the last sentence. Meridian City Council Workshop August 10, 2010 Page 41 of 55 Bird: Oh. Okay. Yeah. I agree with you. Canning: May I read that back to you, so -- we are now, unfortunately, in the untenable position of where we have held the faith in sticking to the 20-26 corridor plan where others have not? Rountree: Or trust or what -- you know, put it in your words, but something to that effect. Canning: Intent? I kind of liked faith. Rountree: Okay. Canning: Okay. De Weerd: See, here I tried to tone it down and you throw it back in there again. Canning: I noticed the copy that I have has one sentence that we have thought we would take out. No, I'm sorry. Never mind. We did take it out. I apologize. So, would you like me to make those changes and, then, get it back to you next week? I think we have another week. It has to be to the county by the 17th I think. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, to make sure we get it there in time, I'd have no problem if you'd do it and, then, just give it to Peggy and -- for us to sign. Canning: Okay. Rountree: We could just sign it and, then, let's get it and, then, we can know it's there in time. Canning: Okay. Hoaglun: And Madam Mayor and Anna, in the second paragraph where Councilman Bird talked about the northeast and the southeast, later on in that paragraph there is another northwest reference. We need to make sure that that is fixed as well. Canning: You know, having a planning director that could tell north, east, south and west would probably be an advantage to the city some day. E. Planning Department: Update and Potential Action on Cost Share and License Agreement with Ada County Highway Meridian City Council Workshop August 10, 2010 Page 42 of 55 District (ACHD) for the Landscaping and Maintenance Associated with the Ten Mile, Overland to 1-84 Road Widening Project De Weerd: Okay. Any other comments? Thank you, Anna. Okay. Item 8-E is also our planning department to discuss the Ten Mile interchange area. Canning: Madam Mayor and Members of the Council, this -- a memo from Caleb regarding this item. And I think it's pretty self-explanatory, but I will go through it. There is two questions tonight. One's specifically in relationship to Ten Mile and, then, the other one is a larger question. So, with regard to Ten Mile cost share agreement, which is the actual adoption is -- is on for tonight as well, but there is an issue that Caleb wanted to make sure you were aware of. There is -- you have talked about the landscaping in the median a number of times, but you have never talked about the landscaping in the parkway. The parkway is the one at the side of the road, that's the area between the curb and the sidewalk. ACHD just wants to make sure that Council is aware that they are looking look for some minimal treatment within that parkway planter strip. Otherwise, they would prefer to attach it. Now, from the Planning Department's perspective we see attaching it as inconsistent with all the rest of our developments where we require a detached sidewalk. So, the detached is more in line with our general city standards. We have explained to them that we would keep it free of weeds, but that we didn't intend to landscape it until those adjoining properties developed. In this particular case of the Ten Mile, it may be awhile before those adjoining properties landscape. What ACHD would like to see as a minimum treatment is weed barrier with rocks put in, perma bark or some form of rocks that would keep the weeds down and, basically, be little or no maintenance for the city, but would have something within that planter area. For the Ten Mile project, that cost would be around 6,500 dollars for those parkway strips. Now, the Council, as part of the fiscal year'11 budget, approved 27,000 for conduit and other kind of infra -- mostly infrastructure needs for the medians. So, there is not any money budgeted for the parkways at this point. I talked to Steve Siddoway briefly, he said we could probably shift some of that money from the medians to the parkways, with the understanding you wouldn't have anything in the medians right now for -- for weed prevention. And this is a concern to ACHD. ACHD commission wants the medians to be landscaped within the next three years. Now, Council didn't make a decision for fiscal year '11. We would hope that fiscal '12 we could get that landscaping installed. But to -- those are the issues with regard to the cost share agreement that's before you tonight. The cost share agreement itself is -- doesn't need to be tweaked, it's rather ambiguous, but it just says it needs to be approved by ACHD. So, these are the issues that ACHD is looking for in the approval. The agreement itself doesn't need to be modified, we just wanted to make sure that Council was aware of what they were being asked to share cost on. De Weerd: Okay. Council, any questions or comments? Bird: Madam Mayor? Meridian City Council Workshop August 10, 2010 Page 43 of 55 De Weerd: Mr. Bird. Bird: Anna, as they develop we will surely plant grass or something on the side of the -- at the sidewalk that's not to the road as it meanders around I would have a feeling; am I not right? Or landscaping or something. Not rocks. Canning: Councilman Bird, on the east side -- there we go. East side, that's this end, there would -- that landscaping will get installed. The 6,500 would go on the west side where you have about four property owners and large acreages zoned RUT that are residential and the likelihood of those further subdividing in the near future is probably pretty small. Bird: Is there anything for 6,500 that we can put in there, besides rock? Rountree: Madam Mayor. Just a question. Is it an esthetic treatment you're after or something to keep the weed barrier down and -- yeah, there is something out there we could probably get for free and we could get it from ACHD and that would be some of the grindings off of some of the milling they are doing around town. They probably -- they might even haul it there for us. I don't know. And spread it. I'm a little concerned about having a lot of rock out there and you work that -- that perma bark stuff is pretty good size and be buying a lot of -- De Weerd: Windshields. Rountree: -- windshields and headlights and plus the pedestrians are out there and one gets flipped off the tire, that could be a pretty good projectile. So, I don't know, I don't -- the grindings are black and they are not very attractive, but the rocks are bigger and they get full of crud and paper and stuff and have to be cleaned and whatever. I don't know. It just seems to me that that's a fairly inexpensive solution and could be hauled a way a lot easier than trying to haul away yards and yards of perma bark. Canning: Madam Mayor, the project manager Diane Bevins is, I believe, the blond woman there. Rountree: We are well represented tonight by ACRD, so -- Canning: I haven't met her yet, so -- she may be able to provide input. De Weerd: Hi, Diane. Bevins: Hello. Madam Mayor, Council Members. The commission was just concerned -- we brought the request of just leaving it with dirt. I think that was the question two weeks ago. And they just had a concern with the weeds and the appearance of putting a brand road in and leaving something like that in dirt. They were interested in something that would keep the weeds down and keep the safety and the function of the road and that was their main concern and the example is weed barrier with rock, but we Meridian City Council Workshop August 10, 2010 Page 44 of 55 are open to other treatments, as long as it something that's going to help keep the weeds down. De Weerd: So, could you -- as staff talked about, the alternative that Councilman Rountree suggested as an alternative to the perma bark? Bevins: Well, Madam Mayor, the perma bark wasn't mentioned specifically. It could be any type of rock. I think what we estimated the 6,500 dollars was -- is something pretty rough. A two inch rock that we use in roads, where we have done that around the county in other areas. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Diane, the shavings that Councilman Rountree was talking about, once they are laid in there you can kind of roll them and they are hard and the weeds and stuff are not coming up and they are not going to be something that kids walking along there can grab and throw it at one another or at cars or anything like that; am I not right? Bevins: I believe so, sir. Yes. Bird: I would -- that would be my preference was something like that, like Councilman Rountree said. I think that's a good idea. I don't like rocks out there, because it is by a walkway and you're going to have kids -- kids and rocks have a way of finding each other. Hoaglun: Madam Mayor and Diane, what -- but what I think I heard them say is if we do an interim treatment, though, we have three years, though, before you want something that is landscaped. Is that my understanding? Bevins: The median. Hoaglun: Or is that just in the median? Bevins: Right. Madam Mayor, Councilman, that was medians, because the plan -- what we have been told by staff is that the medians would be landscaped in '11 and, if not, in '12, but the commission just -- we know how budgets go and it could be '11 and '12 and '13 and so we are not requiring an interim treatment in the medians, knowing that they are going to be landscaped soon, so -- and, then as Anna mentioned on the east side there is an active development application. The city is requiring that to be landscaped. It's just that west side that it could be ten years before anything develops and some interim treatment would need to be placed there. Hoaglun: Okay. Thank you. Meridian City Council Workshop August 10, 2010 Page 45 of 55 Bevins: And that would be with a project. Excuse me. Hoaglun: Which we need to do. I think we will go. It's just a matter of what we decide how do it is what -- tailings or whatever. Do something. Okay. Thank you. And, Madam Mayor, whatever we do is going to come out of park's budget, I guess; right? De Weerd: No. Yours. Siddoway: Somehow it will. Madam Mayor, Members of the Council. First a question to Anna for clarification. On that west side, if that park -- detached park strip area was landscaped by adjacent development, they would be required to maintain it, but we can't require the adjacent property owner to maintain it, because it's not being done with their development and its right of way; is that correct? Canning: Correct. But when they annex we would require it. Siddoway: When they annex we could require it then. So, because of that and because it's not likely to develop for some time, that's why ACHD wants to see something to keep the weeds down. I would just mentioned with the enhancements that we brought forward in July, we did have, you know, the 106,000 dollar version, which was what it would cost if we just wanted to landscape the whole thing and be done with it. That was just the median, though. I mean we didn't do -- we weren't doing anything for the -- the park strip on the side. In the 27,000 dollar reduced down version that was approved, we did have some funds in there for -- for weed barrier and rock mulch for the median that we could transfer to the west side, leave the median in dirt and just keep it -- keep the weeds sprayed if we intend to landscape that, you know, in the following year in 2012. So, if there is some intent on behalf of the -- the Council that you would like to see that as follow up with an enhancement with the next -- next fiscal year for the remainder of that landscaping, we can -- we can put the weed barrier and such on the west side, just maintain the weeds in the median and landscape it the following year with a future enhancement. So, just throw that out for your consideration. De Weerd: Council, any questions for Steve? You're going to earn your pay tonight. Canning: So, Madam Mayor, Members of the Council, that's the very specific issue. The memo also mentions the larger issue as ACHD is doing additional cost share projects, we have told them that the preferred alternative for the City of Meridian is the medium -- not median, but medium proposed livable streets, which includes the parkway planter. So, we have told them we want that sidewalk separated when they are doing projects and we just need to know if you have concerns with that. So, that means that every time they do a project they will be looking for us to provide some either interim treatment until development occurs. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council Workshop August 10, 2010 Page 46 of 55 Bird: Steve, I -- and I realize that we didn't have the money, but, man, I hate seeing medians with just dirt in it and I think the offer that Councilman Rountree come up with, the grindings and stuff and something that we can -- that will kind of harden out, you can roll -- dirt, I don't care how many times you spray it, you're going to be out there every week spraying it and you have still got the dust, wind blowing stuff. Siddoway: Right. Bird: I'd like -- I'd like for you to look into using some kind reclaimed shavings or something and see if they will compact. Siddoway: Like recycled asphalt type -- Bird: Yeah. Something like that. Something that the ACHD grinds when they do their work. Siddoway: Yeah. What I would say is if we are going to landscape within the next three years, we would be incurring quite a bit of cost by having to remove the recycled asphalt that's been -- Bird: Just take a skid in there and just lift it out. Siddoway: If we are going to, you know, within a year landscaped it -- we -- I'd be glad to look into it. It just seems that if we are landscaping in the short term -- Bird: That's just a suggestion, because we can't -- we can't -- I don't think we can put rock on the sidewalk between the road and the sidewalk. Siddoway: I think we can. I think it's going in the Ten Mile interchange medians. Bird: Yeah. But people aren't going to be walking on the interchange -- or in the inside, are they? De Weerd: No. Bird: On the medians. Siddoway: There is no sidewalk there, no. It will just be -- Bird: And you're not going to have -- but over there by the sidewalk you're going to have kids and stuff walking back and forth there with rocks to throw. I don't know. I just -- I'd like to see -- I'd like to see something and I don't like dirt in the medians and I know we can't afford to landscape right now. Siddoway: Well, we have your approved budget, so -- Meridian City Council Workshop August 10, 2010 Page 47 of 55 Bird: Maybe we can become inventive and -- Siddoway: -- I will see, you know, what we can do with that budget. I assume you'd like me to try and stay within that, as opposed to bring an amendment -- Bird: Yeah. Don't bring back an amendment. Siddoway: So, I'll see what can be done with the budget I have. Rountree: Madam Mayor? I just suggest that, you know, instead of the perma bark you look at some reclaimed activity, whether it's the asphalt millings, which ACHD has mountains of -- or at least they used to not too long ago. Probably have bigger mountains now with all the work they are doing. There is an outfit that's out on Diamond Street, you have probably seen an ad, they make fine grindings and coarse grindings that look like bark stuff and it's -- it's ten bucks a yard and 20 bucks a yard, as opposed to 40, 50 and 60 bucks a yard, which you are going to be buying from some landscape outfit to put it down. You know, there is -- they have got reclaimed concrete, they have got -- they actually have reclaimed perma bark. So, to me that is kind of consistent with a green aspect of the community. Siddoway: Right. And, anyway, it will have to be landscaped at some future point -- Rountree: If it's not permanent -- Siddoway: No. Rountree: If it's not permanent, it's just there, basically, to hold weed barrier down -- Siddoway: Uh-huh. I would be glad to look into that. Rountree: -- let's find the least cost and the least onerous approach. De Weerd: Would there be waste that could be used while they are doing the Ten Mile project? Siddoway: Oh, grindings from the actual -- De Weerd: Uh-huh. Rountree: Well, they will be grinding -- I assume they will grind the pavement that's -- well, they will probably just pick it up and haul it off, but -- I don't know how they -- haven't seen the design -- the pavement design, but -- De Weerd: Well, look into the application -- Meridian City Council Workshop August 10, 2010 Page 48 of 55 Siddoway: Yeah. I just wanted to make sure you knew -- I know what my budget is and we will see what can be done within that. We will -- we will have to shift from the median to the side in order to do that and we can also look if we can do both within the budget by reducing from perma bark to something else. Rountree: Just remember just because it's in your budget doesn't mean you have to spend it. Siddoway: I hear that loud and clear. I understand. Thank you. Hoaglun: Madam Mayor, I have a question for Anna. De Weerd: Congratulations for inheriting transportation. Siddoway: Yeah. How did that come about? I'm not sure. I just wanted to maintain it. Where is Public Works. They should put this in for me and I'll just maintain it when they are done. Hoaglun: Madam Mayor, question for Anna that she may not be able to answer, but I want to ask it and that's on page two in that memo from Caleb about staff also wants to make sure that Council understands that for a vast majority of future ACHD roadway projects, the city will have to commit to a similar treatment in these planter areas, at least in the areas where development in the city has not yet occurred and this is -- we are talking about the detached sidewalk, so we are going to have that space. We are going have to do something and this is the medium -- with an M, not median, but medium street standard and we have agreed to that, but do we have any idea down the road what that might consist of, how much we are looking at or is it more -- well, it depends on the development that occurs and where it occurs and how the roads are built. I mean I'm just a little worried. I like the standard. I think we ought to pursue that standard, but I'm just a little leery of saying, oh, let's go forward with it and really not having any idea what it's going to cost us in future budget years. Canning: We don't have an exact number, but Caleb and I talked about this and most of the projects that ACHD does go into an intersection that is the mind set of developing. Like if you think about the Ustick intersection, all four corners we are developing. So, we would have -- this wouldn't have been an issue, we would have been able to get -- well, Bienville would still be an issue, sorry, but that's just because it's Bienville. A lot of the times these projects are going in where the city is annexed on all sides. We have developers there. We can get them to assume the maintenance responsibilities and we don't think it's going to be an issue. Where it's an issue is where we are getting to the edge of town, which this Ten Mile project kind of is at the edge of town and where we have got adjoining properties that may or may not be developing. I think this is probably -- probably one of the more unique cases. If you think of -- what's the other one? Amity and Eagle? Is that right? Is that where the other intersection is going in? I mean all four corners of that are pretty much ready to develop and you Meridian City Council Workshop August 10, 2010 Page 49 of 55 probably won't be waiting long on that one. So, I don't think it's going to be a huge issue. Hoaglun: Okay. That helps -- helps me somewhat. Thank you. Canning: Just the way ACHD is set up, they don't go out and do a lot of road improvements until there is a lot of people there usually, so -- Hoaglun: Right. Okay. Canning: So, is the Council okay with moving forward with the medium street design for now? And you will have an opportunity each time to address this, so -- okay. And then -- so, that's the long range direction we do need you, if you're prepared to, to take action on the cost share agreement it is not specific as to the treatment, it just says the treatment approved by ACHD. So, there is still time to negotiate what that treatment may be. Rountree: Madam Mayor, question. De Weerd: Mr. Rountree. Rountree: Anna, on the -- on that street requirement with the offset sidewalk, that provides the benefit to the adjacent landowners with reduction in the amount of landscaping they have to provide, grass on site? Canning: Yes, it does, because we measure from the edge of curb, not the edge of sidewalk. Rountree: So, they get ten feet off of their 35 feet? Canning: Correct. Rountree: Which is a benefit, I think. Canning: And they get the benefit of having their potential customers or residents walk on a separated sidewalk, rather than right next to the road. Rountree: Very good. De Weerd: Okay. Everyone -- is Council comfortable with those items? Okay. Rountree: I think I'd just take out the word rock in the parenthetical statement there on page -- whatever it is. Hoaglun: A qualified interim treatment. Meridian City Council Workshop August 10, 2010 Page 50 of 55 Rountree: Yeah. That will become the standard. Canning: Sir, is that in the cost share agreement itself? I don't have a copy of that. Rountree: It is in -- it's in Caleb's memorandum that I'm looking at on the second page, so -- Canning: All right. I don't believe the actual cost share agreement has the word weed barrier in it. Rountree: Okay. Canning: Mr. Nary is confirming that. Nary: Madam Mayor, Members of the Council, it's not. It, basically, says -- it has whatever treatment we choose to put in it. So, it's not specifically spelled out as to what has to be there. It's just a discussion with ACHD, since we need their approval. But we don't need to change the cost share agreement. De Weerd: Okay. Siddoway: Madam Mayor, Council, I would just quickly confirm That. 1.2.1 is the section for interim treatment. It says that the city does not install landscaping in the median coincident with the project. The city will install an alternative treatment consistent with appropriate roadway safety guidelines, but it leaves it to that generality, so we can work that out with them. De Weerd: Okay. Thank you, Steve. Okay. Item 8-F is our police department to discuss the draft of outdoor sales and temporary use ordinance. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, maybe I missed it. We do want the cost share agreement to get approved. I don't know what -- if you want to do that tonight. De Weerd: Isn't that -- oh, well, you didn't -- Nary: Part of it -- that's why it says potential action on the cost share and license agreement. De Weerd: Okay. Okay. So, I will need a motion. Bird: Madam Mayor? Meridian City Council Workshop August 10, 2010 Page 51 of 55 De Weerd: Mr. Bird. Bird: I move we approve the cost share agreement with ACHD, the landscaping and maintenance from Ten Mile Overland to 1-84 road widening project. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Any further discussion I should say. Okay. Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. F. Police Department: Updated Draft of Outdoor Sales and Temporary Uses Ordinance De Weerd: Okay. Lieutenant. Thank you for your patients. I don't know what you did to be put at the end of the agenda. Overton: I don't either, Mayor. Madam Mayor, Members of the Council, I'll try to be brief and no mention of strategic planning. Sorry. It's late. You have in front of you a draft updated ordinance having to do with temporary use permits and what we are really addressing here -- or what I'm addressing is the mobile sales unit licenses having to do with background checks. This was a combination of legal and the clerk's office and police. So, some of this -- well, they will probably jump in if we have a question. Just a quick background on this. We are not making any of these changes to try to short cut the system or short cut the process. In fact, we probably have I think the strongest process right now for background checks. We have caught registered sex offenders trying to get licenses here that had a license already in the city to the east and had another one that had a license in the city to the west. A lot of people don't know this and it's probably good just to have this knowledge, is that when we do a license check, the FBI, who operates NCIC does not let us use that system. That can only be used for criminal cases with suspects. Which means we have to get very creative in what databases we can access for doing a background check. In several local communities they just go to their local system and if they don't find anything, they give them approval. We use a whole series of databases that are non-NCIC, whether it's Department of Corrections or ISTARS, local records management. So, we are picking up the phone and calling. The problem we had as we looked at this was when this one section was written it said any misdemeanor conviction, however old, and it forces our hand on a large number of people that have something as simple as an inattentive driving ticket, can never be able to have a mobile salesman license. So, I brought this to Emily's attention many months ago, because I said I know it's our job to be good stewards for the public and be very restrictive on who we endorse and allow to go door to door. But Meridian City Council Workshop August 10, 2010 Page 52 of 55 with that said, I think there is a better way for us to list what type of offenses we want to say no, absolutely no, and, okay, maybe in five years we will talk. So, when you see a lot of these crimes that we have listed out in time period, it's based on that series of conversations we had based on the seriousness of the crime -- I mean, obviously, we have certain crimes that we just say, no, we don't ever want you knocking on doors. The other thing we are looking at is mobile sales unit licenses have picked up tremendously. I believe last month our numbers had just crossed 240 for the year, which is good in one way, it means a lot of people that were just going door to door and not getting a license are applying for them. We have probably denied somewhere close to 20 or 24 licenses just on backgrounds for almost everyone of these offenses listed. Some of them are surprising when I tell the clerks why we are denying them. And, again, that's a whole process done through the clerk's office and legal and denial letters and how we do that process. The greatest advantage to doing something like this that spells out these various crimes is really to help Nancy, Machelle, Sheri, in the clerk's office, because what we have now on a mobile sales unit license is any misdemeanor convictions, everybody goes, well, yeah, but what about this one? And, then, they call me or something else happens and we get delayed. With a list like this it makes it very easy for them to say, hey, here it is, it's black and white, you're either in or you're out. And, of course, if they lie on their application, well, guess what, that's an automatic you're out. So, that's the basics on how we want to change it and the type of crimes we want to say five years, ten years, 15 years, no, sorry, it's not going to happen. There also is one additional section down here that we wanted to add which had to do with auto insurance, because I found an awful lot of people that didn't rise to the occasion of having a misdemeanor conviction for insurance, but have a history of insurance issues and I said at some point I think we can -- we can ask them -- we can require them to show proof of their auto insurance if we are going to allow them to drive any subdivisions and go door to door. And so that was another thing that we added. Now, the rest of what you have seen has to do with appeals and cleaning it up and can probably be answered by either Bill or Jaycee. But with that it's a lot of simple clean- ups, a lot of updates, a lot of straight forward language, which should make it a simpler process. And I'd stand for any questions. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, one other thing that was added from what you have seen previously when we talked about this a month ago was we had a person who was selling insurance -- a kind of insurance door to door. We required that he get a mobile sales unit license. The state code says that no city can create any law or ordinance that prohibits somebody from selling insurance. Our belief was that the intent of the state code was to not create 200 different laws regarding insurance sales in the state, that the state Department of Insurance regulates, but it wasn't meant to address the method of selling insurance. So, if you're selling insurance out of an ice cream truck, then, we feel you should have a mobile sales unit license for doing that. So, we contacted the Attorney General's Office and their assigned attorney for the Meridian City Council Workshop August 10, 2010 Page 53 of 55 Department of Insurance and see if they agreed or disagreed. They disagreed with us. They believed that that preemption, although it seems overly broad, preempts cities from creating anything that requires a license. I even contacted our insurance agent, he agreed with us that it really was meant to deal with insurance, not the method of sale. But this is one person, this isn't -- you know, this only allows insurance sales. If a person's selling insurance and Fuller Brushes, they still need a license. So, they -- we decided rather than going to court to fight over one person's ability to sell insurance, we would simply allow it. It appears Nampa and Boise have done the same thing. And it's not -- it isn't -- at least at this point hasn't risen to be a problem. If it is maybe we will rethink it and bring it back to you for a different decision. But at this point we have added that from the last version you saw that doesn't require it if they are just selling insurance door to door. If they are selling anything else they are going to have to have a license, too. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Bill, don't they have to have a state recognition certification or a license to sell insurance? Nary: Yes. Rountree: Okay. So -- Nary: And so any issue or concerns that somebody has, they would take them to the Department of Insurance. Rountree: All right. De Weerd: Well -- any questions from Council? Concerns? You want to move it forward? Bird: Bring it forward. Overton: Thank you. De Weerd: Thank you. Appreciate all the work. Hoaglun: And the short presentation, Madam Mayor. De Weerd: Yes. Well, I didn't get into all the strategery behind that. Rountree: Strategery was lacking. Item 9: Ordinances Meridian City Council Workshop August 10, 2010 Page 54 of 55 A. Ordinance No. : An Ordinance of the City of Meridian Providing for a New Chapter of Title 2 of the Meridian City Code, to be Chapter 6, Relating to the Establishment, Duties and Powers, Membership, Organization, and Meetings of the Solid Waste Advisory Commission; and Providing an Effective Date. De Weerd: Okay. Item 9 under ordinances. Madam Clerk, if you will, please, read Ordinance 10-1452 by title only. Nary: Actually, excuse me, Madam Mayor. De Weerd: Yes. Nary: Madam Mayor, members of the Council, we -- the clerk -- Madam Clerk found an error in the ordinance, so rather than lining it out, we hate to do that, it's not urgent to pass this tonight, we will ask to just put it back on next week's agenda and we will clean up the error that's in there and bring it back to you. De Weerd: Okay. Holman: Madam Mayor, Members of the Council, and Bill, can we -- since we already assigned it an ordinance number, can we continue it to next week since we keep -- or is there any -- would I have to void out that ordinance number -- Nary: No. Holman: -- or I can just bring it back. next week? Nary: Bring it back next week. Holman: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue proposed ordinance number 10-1462 to August 24th -- De Weerd: 17th. Bird: Or we are going to the 17th. 17th. 2010. Rountree: Second. Meridian City Council Workshop August 10, 2010 Page 55 of 55 De Weerd: Okay. I have a motion and a second to continue this item until next week All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:50 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR mi 1Peprd DATE APPROVED y O ' c1��oa�TFo ATTEST: SEAL - E L OLMAN, CITY CLERK COUNT{ Meridian City Council Meeting DATE: Auqust 10, 2010 ITEM NUMBER: 4A PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 6, 2010 City Council Budget Hearing MEETING NOTES q,� d CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 12 BOISE IDAHO 10 11:45 AM II� l'II�II"I'I'�'I'IIl'il'II'I lII'll DEPUTY Bonnienie ObOberbillig RECORDED -REQUEST OF 1100764 Nampa Meridian Irrigation Dist LICENSE AGREEMENT 17 This LICENSE AGREEMENT, is made and entered into this 416 day of N% —_, 2010, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 hereinafter referred to as the "Licensee", WITNESSETH: WHEREAS, the District owns the drainage ditch or drain known as the NINE MILE DRAIN, (hereinafter sometimes referred to as "ditch or drain"), an integral part of the irrigation and drainage works and system of the District, together with the easement therefor to convey irrigation and drainage water, to operate, clean, maintain, and repair the ditch or drain, and to access the ditch or drain for those purposes; and, WHEREAS, the District operates, cleans, maintains, repairs and protects the ditch or drain for the benefit of District landowners; and, WHEREAS, the Licensee is the owner of of real property that is servient to the District's ditch or drain and easement, and is particularly described in the "Legal Description" and/or deed attached hereto as Exhibit A and by this reference made a part hereof, and, WHEREAS, the ditch or drain crosses and intersects the real property described in Exhibit A as shown on Exhibit B, attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to cross, encroach upon or modify said ditch or drain and/or the District's easement under the terms and conditions of this License Agreement; NOW, THEREFORE, for and in consideration ofthe premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: LICENSE AGREEMENT - A. Acknowledgment of the District's Easement. I . Licensee acknowledges that the District's easement for the NINE MILE DRAIN includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the ditch or drain, and to access the ditch or drain for said purposes, and is a minimum of 100 feet, 50 feet on either side of the centerline of the ditch or drain. B. Scope of License I . The Licensee shall have the right to modify the ditch or drain or encroach upon the District's easement along the ditch or drain in the manner described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. 2. Any crossing, encroachment upon or modification of the ditch or drain and/or the District's easement shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross, encroach upon or modify the ditch or drain and/or the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. ;. This License Agreement pertains only to the Licensee's crossing, encroachment upon or modification of the ditch or drain and/or the District's easement for the purposes and in the manner described herein. The Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the ditch or drain except as referred to in this License Agreement without the prior written consent of the District. 4. The Licensee recognizes and acknowledgesthat the license granted this License Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this License Agreement shall be of no force and effect. LICENSE AGREEMENT - 2 C. Facility Construction, Operation, Maintenance and Repair I . Licensee agrees that the work performed and the materials used in any construction permitted by this License Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 2 Each facility ("facility" as used in this License Agreement means any object or thing installed by the Licensee on, over or in the vicinity of the District's easement) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 3. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the ditch or drain or the District's delivery of irrigation water; C. an increase in seepage or any other increase in the loss of water from the ditch; d. the subsidence of soil within or adjacent to the easement; e. an interference with the District's use of its easement to access, operate, clean, maintain, and repair the ditch or drain; f. any other damage to the District's easement and irrigation or drainage works. 4. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.e., or any other damage to the easement and irrigation works which maybe caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 5. The Licensee shall, upon demand of the District, remove any facility or repair any alteration of the District's easement which interferes with the District's operation and maintenance of the ditch or drain, or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.e., or any other damage to the easement and irrigation works. The District shall give reasonable notice to the Licensee, and shall allow the Licensee a reasonable period of time to perform such maintenance, repair, and other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The District reserves the right to perform any and all work which the Licensee fails or refuses to perform within a reasonable period of time after demand by the District. The Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and the Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph, except for claims arising from any work which unreasonably exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely out of the negligence or fault of the District. LICENSE AGREEMENT - 3 D. District's Rights Are Paramount I . The Licensee understands and agrees that the ditch or drain is a manmade channel that was constructed and is used and maintained by the District for the exclusive purpose of conveying irrigation water to lands within the District or draining lands within the District. As such, Licensee further acknowledges and agrees that the ditch or drain does not constitute a natural or navigable watercourse or stream. 2. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation or drainage works and system of the District by this License Agreement, nor to grant any rights in its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. ;. Nothing herein contained shall be construed to impair the ditch or drain or the District's easement, and all construction and use of the District's easement by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of tine ditch or drain for the transmission and delivery of irrigation water or transmission of drainage water. 4. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the ditch or drain. The Licensee further agrees to suspend its use of the said easement areas when the use of the easement areas is required by the District for maintenance or repair under this or any other paragraph of this License Agreement. 5. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this License Agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or drain by the District with its equipment for the maintenance of the ditch or drain shall be promptly removed by the Licensee upon demand of the District. E. Applicable Law and Jurisdiction Unaffected. i . Neither the terms of this License Agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this License Agreement, nor the parties exercise of any rights or performance of any obligations of this License Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its drains, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this License Agreement. 2 In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the LICENSE AGREEMENT - 4 option of the District, this License Agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this License Agreement. F. Indemnification I. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this License Agreement. G. Fees and Costs I . The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for the District or by the engineers for the District in connection with the negotiation and preparation of this License Agreement. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this License Agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this License Agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. H. Miscellaneous I . No Claims Created. Nothing in this License Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against the District. 2. Assignment. Neither this License Agreement nor any agreement entered pursuant to this License Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. 3. Amendment and Modification. Any amendment or modification ofthis License Agreement must be in writing and signed by all parties to be enforceable. 4. Interpreted. This License Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this License Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this License Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this License Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of this License Agreement, and are not intended to be aids in interpretation of any provision of this License Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the License Agreement. LICENSE AGREEMENT - 5 5. BindingEffect. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, the easement of the Licensee within the real property described in Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 6. Notices. Any and all notices, demands, consents and approvals required pursuant to this License Agreement shall be delivered to the parties as follows: Nampa & Meridian Irrigation District City of Meridian 5525 East Greenlnust 33 E. Idaho Nampa, ID 83686 Meridian, Idaho 83642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts. This License Agreement may be executed and delivered in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the District has hereunto caused its nameto be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has caused its corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. . RAAA. _ �`- NAMPA & MERIDI N IRRIGATIO DISTRICT ®FFICI�"e co By Its President ATTEST: Its Secretary LICENSE AGREEMENT - 6 CITY OF MERIDIAN w ATTEST: SEAL COUNT'( . STATE OF IDAHO ss: County of Canyon ) On this day of 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared L66 Sisco and Daren Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ,112418 pe 96 Notary Public for Idaho �pTAR Y Residing at C,Idaho --�aol o g My Commission Expires: `1 STATE OF IDAHO ) °°- � "9T'••••••���\` OF )ss. '88181111110" County of — ) On this V&day of 2010, before me, the undersigned, a notary public in and for said state, personally app red'r„►,%da. , known to me to be the of pA jAd _, the entity that executed the foregoing instrument, and acknowledged to me that suc'Ih entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ®�,•�g'iA���'�y�® tary Publ forIhAko ® `-v . Residing at lfWna , 06 iw ' My Commission Expires:\ �&n 4 011 x.�me LICENSE AGREEMENT - 7 EXHIBIT A Legal Description A right-of-way for a 15" sewer line, located on Broadway Avenue between NW 8"' Street and NW 7"' Street, in the NW 1/4 of the SE 1/4 of Section 12, Township 3N, Range 1 West, B.M., Meridian, Ada. County, Idaho. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: remove and replace the existing 18" sewer main with 15" sewer main over and across the Nine Mile Drain and the District's easement at two locations, all within Licensee's right-of-way where Broadway Avenue intersects the Nine Mile Drain in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with Exhibit D- I attached hereto and by this reference incorporated herein. b. Licensee shall notify the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. d. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim , action or requirement. e. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all LICENSE AGREEMENT - 8 costs and liabilities associated with such permit and other requirements, including but not Iiinited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. f. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or impl ied, to regulate control, or prohibit the discharge or contribution of pollutants or contam inants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. g. Construction shall be completed within one year of the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - 9 Nine Mile rim ire SE114 S,121 T,3NI R,IWI BOMI) Ada u o ust 1994) rug Exhibit B Z r Exhibit D-1, page 1 :6 O m Z o 2 3�v C O �ma��'11 0 �Xa �Mz O Z m X A m -t a 3 m Z z Z 4 y Z a Exhibit D-1, page 1 :6 O m Z o 2 3�v C O �ma��'11 0 �Xa �Mz O Z m X A m '0 3 a Z z Exhibit D-1, page 1 :6 O m Z ZX 00 3�v C O �ma��'11 0 �Xa �Mz O Z m X A m '0 3 a Z z Z 4 y a N 1 n � � C r 'Y aarr®auwxoox vlu�r � av�aurvercomut'Nr1e. ee.Imw acne BROADWAY AVENUE .rnslo,ls roam w. SEWER AND WATER REPLACEMENT CIVIL SURVEY CONSULTANTS, INC. B" MERIDIAN, ADA COUNTY, IDAHO CONSULTING ¢NCW¢ERS AND LAND SURVEYUR9 oqf` 1624iy` 0 } u WATEK.I. 5f11(eT 5 'e lee CONSTRUCTION PLANS (toe eee-.siz — Exhibit D-1, page 2 NW 8TH STREET a_ 8 ngPgoA ;r I gBs ^ _ _ $ I 1ga�$�`_ an og * ��F � � s gas 9= o "12 - — nn re' n-zSecmze I rrN srI I 1 r ...2.1.1E -3 v .e.o-ise s s NINE MILE J I CREEK1W G — r � g r� g� ' 0 a a r 6 o' € y D " pm 'vr—.r w ^n Iif NW 7TH STREETa8a„ vNs ..._... ..._.. ._ .... - e 'U m, i Al 11 I t p " I gi m q LD=gFsb�y ',n•nF`F nN^u Z O =�p w i ^FA Q9�x�aazw€z'€ o o, G� a .; m 91m�w , o SR 2E S € o 110-2 16101A MIN .Fels ��3"={`� `�s pz ^ t al mx I S' o a+4eBBVBr ooxsuzwm. Bvr[norz 6�tB o s4 € [ CITY OF MERIDIAN RMSgxS CIVIL SURVEY CONSULTANTS, INC. CONSULTING ENGINEERS AND LAND SURVEYORS„', uvo c. srzcr „ 11624 � BROADWAY AVENUE SEWER AND WATER REPLACEMENT � PLAII AND PROFILE surt[`r� au ucnlz'oefale°ez-” iisBzz �����. vc�`' Exhibit D-1, page 2 VHRW ' 4 1 0A, I" ARTERED LAWYERS - Laura E. Burn Adam S. Christenson Jeffrey R Christenson David P. Claiborne S. Bryce Farris Jon C. Gould David Hammerquist Charles L. Honsinger *` James P. Kaufman August 23, 2010 Jennifer Reid Mahoney James G. Reid * Daniel V. Steenson Corey Peacock, P.E. Civil Survey Consultants, Inc. 1400 E. Watertower Street Meridian, Idaho 83642 Re: License Agreement with Nampa & Meridian Irrigation District Dear Corey: Enclosed is a copy of the recorded License Agreement dated August 17, 2010, between the City of Meridian and Nampa & Meridian Irrigation District. SBF:kw Enclosure Yours v ry truly, S. Bryce Farris 455 South Third Street PO Box 2773 Boise, Idaho 83701 208.342.4591 FAX 208.342.4657 * also licensed in OR www.ringertIaw.com ** also licensed in CO Meridian City Council Meeting DATE: August 10, 2010 ITEM NUMBER: 4C PROJECT NUMBER: ITEM TITLE: Agreement for Independent Contractor Services with Cascade Pipeline Corporation for the Broadway Avenue Water and Sewer Line Replacement Construction for a Not - To -Exceed Amount of $485,057.00 MEETING NOTES _71� 4friL CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS g-I I g - ►� 7- it QYicoviake- CiE IDIAN * 0 Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Worthington, P.E. Staff Engineer DATE: 7/26/2010 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WITH CASCADE PIPELINE CORPORATION FOR BROADWAY AVENUE WATER/SEWER LINE REPLACEMENT CONSTRUCTION FOR A NOT - TO -EXCEED AMOUNT OF $485,057.00 (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: Approve the Agreement with Cascade Pipeline Corporation for Broadway Ave. Water/Sewer Line Replacement Construction in a not to exceed amount of $485,057.00; and 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer (Project Manager) 489-1349 Kyle Radek, Asst. City Engineer 489-1343 Warren Stewart, PW Engineering Manager 489-1350 Tom Barry, Director of Public Works 489-1372 Page I of 2 IV DESCRIPTION A. Background The Public Works Department has budgeted for the replacement of aging water and sewer lines throughout the City. A replacement priority schedule has been completed based on pipe material, size and age. B. Proposed Project This project is for the replacement of water and sewer lines in W. Broadway Ave. from Meridian Road to NW 80' Street and is one of the highest priority projects. The water line in this project is an undersized 4 -inch, cast iron pipe. The sewer line is an 18 -inch clay pipe that is classified as a trunk line and was selected as a priority for replacement by JUB in their "Downtown Sewer Study" report completed in July of 2009. IMPACT A. Strategic Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: Through record drawings, the water line in Broadway Avenue was found to be 4 -inch cast iron pipe installed in the early 1970's. This pipe replacement was identified as a priority based on age, undesirable pipe material and size which cause an increased risk of breaks and reduction in fire flows. The existing pipe will be replaced with 8 -inch PVC. The sewer line is an 18 -inch, clay pipe that serves as a trunk line for the Downtown Area and was identified as a priority based on age, undesirable pipe material, condition and recommendations from JUB in their "Downtown Sewer Study" report. The existing pipe will be replaced with 18 -inch PVC or HDPE. The replacement of these pipes will significantly reduce the risk of costly breakages, eliminate groundwater infiltration in the project area, ensure that dependable service is provided to current and future customers, and extend the life of City infrastructure. C. Fiscal Impact: Project Costs: Base Bid Amount (Not -to -exceed) $485,057.00 Final Costs $485,057.00 Project Funding — Enterprise Fund Water Service Line/Main Replacement (3490-95000) $225,400.00 Sewer Service Line/Main Replacement (3590-95000) $259,657.00 Total $485.057.00 V. LIST OF ATTACHMENTS A. Agreement for Independen tractor Services Approved for Council Agen a: a' Page 2 of 2 71,z& Ito AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WATER/SEWER LINE REPLACEMENT (CONSTRUCTION) - BROADWAY THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this to day of Ava gGc , 2010, and entered into by and between the City of Meridian, a muni is pal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and CASCADE PIPELINE CORPORATION, hereinafter referred to as "CONTRACTOR", whose business address is P O BOX 1135, MERIDIAN, ID 83680 and whose Public Works Contractor License # is C -13771 -AAA -1-2 INTRODUCTION Whereas, the City has a need for services involving Water/Sewer Line Replacement (Construction) — Broadway WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is Water/Sewer Line Replacement (Construction) — Broadway — page 1 of 13 Project No. 10173b copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration: 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $485,057.00 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, Water/Sewer Line Replacement (Construction) — Broadway — page 2 of 13 Project No. 10173b 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) October 15, 2010 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 10-1Ncompensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 60 calendar days to complete the work as described herein; Contractor shall be liable to the City for any delay beyond this time period in the amount of Five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or Water/Sewer Line Replacement (Construction) — Broadway — page 3 of 13 Project No. 10173b damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 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. 4.2 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. 4.3 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur �. any obligation on behalf of the City. The selection and designation of the Water/Sewer Line Replacement (Construction) — Broadway — page 4 of 13 Project No. 10173b 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, 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, 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 Water/Sewer Line Replacement (Construction) — Broadway — page 5 of 13 Project No. 10173b and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 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. 6.5 All insurance coverage's for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 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. Water/Sewer Line Replacement (Construction) - Broadway - page 6 of 13 Project No. 10173b 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 CASCADE PIPELINE CORPORATION Attn: John McNatt P O Box 1135 Meridian, ID 83680 (208) 895-0286 Idaho Public Works License #: C -13771 -AAA -1-2 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. Water/Sewer Line Replacement (Construction) — Broadway — page 7 of 13 Project No. 10173b '""r 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. 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. Water/Sewer Line Replacement (Construction) — Broadway — page 8 of 13 Project No. 10173b 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 r 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. Water/Sewer Line Replacement (Construction) — Broadway — page 9013 Project No. 10173b 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN CA 96t "PRL E CORPORATION BY: AMM d WEERD, MAYOR Dated: _J?- lo- wto Natt Dated: t' '%7 - /C Attest: \�,. Al O�- Mari �9 U AA-AA�-z rF o CEIU. HOLMAN, CITY CLERK $EAL '9 �6Usr �s� • �� .2O �•q P Approved as to Content %,, • ��,�partment Approval ,���>>tl(II11111\\\\ BY: KEIT TTS, POR//CHASINNG� AGENT C� Dated: t8 — w Approved as to Form CITY ATTORNEY • BY: J ` NAME 21 2_I � 0 72AWf in1f TITLE: %p J* /A/6i57-)Z- Dated: A/6i5"IZDated: 7/ Zho T Water/Sewer Line Replacement (Construction) — Broadway — page 10 of 13 Project No. 10173b Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -10-10173B ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -10-101738, are by this reference made a part hereof. Water/Sewer Line Replacement (Construction) — Broadway — page 11 of 13 Project No. 10173b Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed Four Hundred Eighty Five Thousand and Fifty-seven dollars ($485,057.00). Item No. Item Description Estimated Unit Unit Price Bid Item Quantity Bid Total 307.4.1.E.1. TYPE C SURFACE RESTORATION 329 SY $3.00 $987.00 307.4.1.G.1. TYPE P SURFACE RESTORATION 1,716 SY $13.00 $22,308.00 401.4.1.A.1.a. 6" PVC, AWWA C900, DR 18, 68 LF $30.00 $2,040.00 WATER MAIN L401.4.1.A.1.b. 8" PVC, AWWA C900, DR 18, 87 LF $40.00 $3,480.00 WATER MAIN 402.4.1.A.1.a. 6" GATE VALVE 4 EA $950.00 $3,800.00 402.4.1.A.1.b. 8" GATE VALVE 8 EA $1,400.00 $11,200.00 403.4.1.A.1. FIRE HYDRANT ASSEMBLY 5 EA $2,600.00 $13,000.00 404.4.1.A.1. 1"0 STANDARD WATER SERVICE 36 EA $1,300.00 $46,800.00 CONNECTION 503.4.1.A.3. 4" SEWER SERVICE CLEANOUT 1 EA $400.00 $400.00 PER SD -S2 504.4.1.A.1. 4" PVC, ASTM D3034, SEWER 22 LF $22.00 $484.00 SERVICE PIPE 504.4.1.D.1. 4" SEWER SERVICE 1 EA $200.00 $200.00 CONNECTION 508.4.1.13.1. SEWER SERVICE LINE 36 EA $475.00 $17,100.00 RECONNECTION 706.4.1.G.1. CONCRETE REPAIR 65 SY $50.00 $3,250.00 2010.4.1.A.1. MOBILIZATION 1 LS $50,000.00 $50,000.00 Water/Sewer Line Replacement (Construction) — Broadway — page 12 of 13 Project No. 10173b Item No. Item Description Estimated Unit Unit Price Bid Item Quantity Bid Total SP -1 ABANDON EXISTING WATER 35 EA $350.00 $12,250.00 SERVICE SP -2 CONNECT EXISTING WATER 40 EA $200.00 $8,000.00 LINES TO NEW WATER SERVICE SP -3a REPLACE EXISTING WATER 1,800 LF $52.00 $93,600.00 MAIN - PIPE BURST METHOD SP -4 REPLACE EXISTING SEWER 2,524 LF $55.00 $138,820.00 MAIN - SLIPLINE METHOD SP -5 CUTOFF PROTRUDING SEWER 10 EA $1.00 $10.00 SERVICE SP -6 REMOVE AND REPLACE 9 EA $3,300.00 $29,700.00 EXISTING MANHOLE SP -7 ALIGNMENT SPOT REPAIRS 3 EA $1,000.00 $3,000.00 (NOT SHOWN ON PLANS) SP -8 LAWN SOD RESTORATION 2,056 SF $0.50 $1,028.00 SP -9 ADJUST NEW WATER MAIN AT 5 EA $500.00 $2,500.00 NON -POTABLE PIPE CROSSING SP -10 CONNECT EXISTING SERVICE 12 EA $300.00 $3,600.00 LINE TO NEW WATER MAIN SP -11 ABANDON EXISTING 2 EA $1,000.00 $2,000.00 WATER MAIN SP -12 RELOCATE EXISTING WATER 5 EA $1,500.00 $7,500.00 METER SP -13 TRAFFIC CONTROL 1 LS $5,000.00 $5,000.00 SP -14 WATER POLLUTION CONTROL 1 LS $3,000.00 $3,000.00 BID TOTAL $485.057.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Water/Sewer Line Replacement (Construction) — Broadway — page 13 of 13 Project No. 10173b Meridian City Council Meeting DATE: Auqust 10, 2010 ITEM NUMBER: 4 PROJECT NUMBER: ITEM TITLE: Agreement Regarding the Split Corridor Pump Station with Star Construction, LLC for a Not -to -Exceed Amount of $72,340 AND Contract Amendment to Original Contract Dated August 10, 2010 for a Not -to -Exceed Amount of $62,920.42 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 941 C> wIDIAN --- IDAHO CITY OF MERIDIAN CONTRACT AMENDMENT CONTRACTOR NAME: DEPARTMENT NAME: Star Construction, LLC Parks ADDRESS: ADDRESS: P.O. Box 157 33 E. Broadway Star, ID 83669 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Amendment Date: 8/10/10 Previous Amendments: 0 Current Contract Dates: START: 8/10/2010 COMPLETION: 9/20/2010 Current Contract Amount (Inclusive of Previous Amendments to Date): $72,340.00 Contract/Project Name" Split Corridor Pump Station CHOOSE ONE AMENDMENT COLUMS BELOW, either "STANDARD AMENDMENT" or "AMENDMENT TO EXERCISE OPTION TO RENEW" and check off any applicable amendments under that column. X STANDARD AMENDMENT AMENDMENT TO EXERCISE OPTION TO RENEW (Check all that Apply) (Check all that apply) X Amendment to Contract Performance (Scope) _ Amendment to Contract Performance Amendment to Contract Dates Amendment to Contract Dates X Amendment to Contract Amount _ Amendment to Contract Amount Other: (Explain) Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendment): Value Engineering er the attached which amounts to a contract reduction of <$9,419.58>. NEW CONTRACT INFORMATION: Amendment Date: 8/10/10 New Contract Dates: START: 8/10/2010 COMPLETION: 9/20/2010 Amount of Amendment Change $ <9.419.58> Current Contract Amount (Inclusive of Previous Amendments to Date): $62.920.42. ALL OTHER TERMS AND CONDITIONS OF THE ORIGNAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF STAR C , LLC. - TAMMY d ERD, MAYOR Of ME1W6V-1' ANCIL IRMINGER P y Dated: d O i 0 ,�Fo ated: _ � Approved by Council: ( B�+ril7.iJA T 9� 1ooproved b City s C n n� Attest: " 71) Y: CIOV11 KEIT UR HASING MANAGER AA JAYCEQIOLMAN, CITY CLERK ,,. VALUE ENGINEERING TO THE SPLIT CORRIDOR PUMP STATION PROJECT 1) Bore only 25 lineal feet at the newer asphalt driveway and open trench the remainder crossing at storey park. Cost savings=$1,800.00 2) Delete the concrete apron around wet well and utilize a crushed chip surface Cost savings= 500.00 3) Have the city Parks and Rec. remove the tree, bushes and bark and replace after wet well installation. Cost savings= $245.00 4) Install plastic junction boxes on the electrical item rather than concrete. Cost savings= $750.00 5) Use city supplied salvaged materials where possible. Cost savings= $4,895.00 6) Delete the isolation valves. Cost savings= $1,229.58 TOTAL CONTRACT REDUCTION $9,419.58 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 10'" day of August, 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 Star Construction. LLC., hereinafter referred to as "CONTRACTOR", whose business address is P.O. Box 157, Star, ID 83669 . INTRODUCTION Whereas, the City has a need for services involving Pump Station Construction and Installation; 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 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 Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to 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. MDC SPLIT CORRIDOR PUMP STATION page 1 of 14 F 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for a Not -To -Exceed amount of $72,340.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services 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. MDC SPLIT CORRIDOR PUMP STATION page 2 of 14 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2010 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall until September 20, 2010 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 ($300.00) 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 MDC SPLIT CORRIDOR PUMP STATION page 3 of 14 Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit 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 MDC SPLIT CORRIDOR PUMP STATION page 4 of 14 expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the 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. MDC SPLIT CORRIDOR PUMP STATION page 5 of 1.4 ^ 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. 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 Attn: Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Star Construction. LLC Attn: Ancil Irminger P.O. Box 157 Star Construction, LLC Ph. 208-286-9198 MDC SPLIT CORRIDOR PUMP STATION page 6 of 14 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. Reports and Information: 12.1 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. 12.2 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. MDC SPLIT CORRIDOR PUMP STATION page 7 of 14 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, r1 MDC SPLIT CORRIDOR PUMP STATION page 8 of 14 oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 22. 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. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN TAM" .D MAYOR 1_ -• ? STAR CONSTRUCTION, LLC BY: Dated: Attest: JAYCE L. HOLMAN, CITY CLQRK SEAL 18-1 Approved as to Content '',,00�►NTY, Parks Department Approval BY: -AI'lJoAl /Z", KEIT 8,"PSING AGENT Dated:', Approved as to Form CITY ATTORNEY BY: NAME: Elroy Huff TITLE: Parks Superintendent Dated: � - c,'— 0/p MDC SPLIT CORRIDOR PUMP STATION page 9 of 14 EXHIBIT A SPECIFICATIONS / SCOPE OF WORK MSC1 PUMP STATION All construction work shall be done in accordance with the latest version of the Idaho Standards for Public Works Construction (ISPWC), the City of Meridian Supplemental Specifications to the ISPWC, the requirements of the Ada County Highway District (ACHD), and the requirements of the Irrigation District. The more stringent of any of these standards shall be the controlling standards or specifications. The BIDDING DOCUMENTS/CONTRACT DOCUMENTS are complimentary; what is called for in one is as binding as if called for in all. If the bidder/CONTRACTOR finds a conflict or discrepancy in the documents, it should be called to the attention of the OWNER in writing before proceeding with the BID/WORK affected thereby. Provide all labor, materials, equipment, freight, permits to complete project according to the project documents and to the acceptance of the Owner. The contractor shall restore the project site to a condition at least equal to that prior to commencement of Work. The following is a list of items to supplement the project drawings and specifications: • Provide and install an enclosed UL QCZJ Listed variable speed pumping station — per the specifications. All components of the pump station shall be enclosed in a powder coated steel enclosure with removable solid walls, hinged front doors, and a roll -away type roof. The enclosure shall be an integral part of the entire pump station, and shall not be provided by an aftermarket supplier. No components, other that the discharge flange, shall be outside the enclosure. The pump station, including the VFD / PLC control panel shall be completely enclosed within the enclosure, when the pump station is delivered to the site. The VFD / PLC control panel shall be UL listed, and shall be manufactured by the pump station manufacturer. The control panel shall include a VFD for the lead pump, and a VFD for the jockey pump. The VFD's shall be enclosed in the environmentally controlled VFD / PLC control enclosure. The VFD's shall not be mounted separately within the pump station enclosure. The control enclosure shall (at a minimum) also include a service rated disconnect, individual motor starters for each pump, a programmable logic controller, voltage / phase monitor, and lightning & surge protection The entire pump station, including the pump station enclosure shall not exceed 66" Long x 48" Wide x 60" High. It is the bidders responsibility to have reviewed the drawings and MDC SPLIT CORRIDOR PUMP STATION page 10 of 14 .—., specifications provided by the landscape architect, for this project. By providing a lump sum bid amount for this pump station, the bidder certifies that he/she will provide a complete pump station that meets all specifications precisely. • Provide, install and connect new irrigation box and intake filter to existing 12" surface water line and new pump station. • Install new Clemens filter in new irrigation box at existing 12" ADS surface water line. • Complete install of pump station within specified easement. • Connect existing electrical conduit sweeps into new pull boxes, restore landscaping. • Provide water tight connections to electrical wiring and sprinkler wiring. • Restore and re -sod disturbed sod areas with blue -rye sod. . • Install and connect conduit sweep to new 100 amp meter pedestal. • Install and connect specified wire from meter base to pump station. • Install and field fit new 4" irrigation mainline from new pump station to existing 4" irrigation mainline to the west of the new pump station. • Install new flow meter, surge protection and grounding Coordinate location with Meridian Parks Department. • Install and connect flow meter wiring to pump station panel. • Install 24 VAC actuated latching relay at pump panel. Locate and route white controller common and spare field wire that runs past tee location. Wire field side of relay to station 40 of the controller and ensure that manual activation of station 40 on the controller shuts down the pump(s). • Hook up PE wire red / blue pair and surge protection for flow sensor controls to irrigation controller Pulse transmitter, confirm connection communication. • Contractor to coordinate pumps start up and calibration with pump station provider. • All locations of existing conditions and materials are for reference purposes only. It is the responsibility of the Contractor to verify locations. • THE DIRECTIONAL BORING REFERENCED ON SHEET L1.0 SHALL INCLUDE AN 8" SLEEVE FOR THE 2" CONDUIT. THE 8" SLEEVE IS NOT SHOWN ON THE PLANS. SEE ITEM BELOW • FURNISH, INSTALL AND PROVIDE ALL MATERIALS, EQUIPMENT, SERVICES AND INCIDENTALS FOR THE 8" SLEEVE MEETING ELECTRICAL CODE. Supplemental Conditions • The new irrigation valve boxes to be installed shall be NDS Commercial grade with purple lids for Non -Potable applications. • Backfill and compact the trenched areas and pump station backfill to 95% max density of standard proctor. Contractor to provide testing services and provide copy of all tests for Owner acceptance. MDC SPLIT CORRIDOR PUMP STATION page 11 of 14 • When replacing concrete or asphalt surfaces, match existing materials and thickness of sub -base, base, and concrete or asphalt. • Sheet L2.0 detail 1, note 10 shall read "48 Wet Well". • Sheet L2.0, detail 2, under the Flow Sensor Detail in the NOTES: revise the flow sensor note with the following "Flow sensor is located more than 150 feet from the flow transformer, install an additional Rain Bird surge kit (FSSURKIT) and ground rod at the flow sensor location." • For areas disturbed along 8 Mile Lateral causing disturbance to the vegetation and/or stabilized surface: install 1-1/2" of crushed 3/4" gravel and then place 4" of 2" diameter fractured crushed aggregate for final stabilization. • Contractor will be required to obtain an electrical permit from the City. This permit will be a no -fee permit. • Contractor will be required to pay for and obtain ACHD permit and any other agency permits required. • Contractor will be required to submit an Erosion and Sediment Control Plan to the City for review and acceptance before disturbing any land (including material or machinery delivery). Please see the following site, in particular section 3.1.7 and Appendix G, for more details: hftp://meridiancity.org/uploadedFiles/Departments/Public Works/Enaineerin g/City%20of%20Meridian%20Construction%20Storm%20Water%20Manag ement%20Plan. pdf • All irrigation pipe and irrigation structure connections shall be left exposed until verified and approved by City. • Submittals will be required for all products used on this project for Owner review and acceptance. Submit five (5) copies of each submittal to Max Jensen for review and acceptance. Contractor shall not purchase nor install any materials included in a submittal without receiving written submittal acceptance by the Owner. • Contractor will be required to file for and obtain temporary discharge permit from DEQ and provide all testing and monitoring to meet DEQ requirements. • Directional bore from the existing service panel to exposed electrical conduit behind the curb located by park entrance on Meridian Road. • Work Restrictions — Monday — Thursday, 8:00 a.m. to 5:00 p.m., Friday 8:00 a.m. to 12:00 p.m. • Contractor must maintain pedestrian pathway use for pedestrians at all times. • Contractor must maintain Speedway access. MDC SPLIT CORRIDOR PUMP STATION page 12 of 14 EXHIBIT B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $72,340.00 per the attached drawings and specifications. Fees will be billed monthly for completed tasks only, per the following schedule of values. WORK INCLUDED FROM THE EXISTING PANEL AND EXISTING SECTOR BOX IN STOREY PARK TO THE NEW 3" TEE FURNISH, INSTALL, AND PROVIDE ALL MATERIALS, 1 EQUIPMENT, SERVICES AND INCIDENTALS FOR $ 6,500.00 ELECTRICAL. FURNISH, INSTALL, AND PROVIDE ALL MATERIALS, 2 EQUIPMENT, SERVICES AND INCIDENTALS OTHER $ 0.00 THAN ELECTRICAL. SUB TOTAL FOR DETAIL 1 SHEET L1.0 $ 6,500.00 WORK FOR THE PUMP STATION AND ASSOCIATED EXISTING IRRIGATION% BOX, NEW IRRIGATION BOX AND INTAKE FILTER, INCLUDING EXTENDING EXISTING CONDUIT FROM 2" SWEEP TO PUMP STATION. FURNISH, INSTALL, AND PROVIDE ALL MATERIALS, 3 EQUIPMENT, SERVICES AND INCIDENTALS FOR $ 1,000.00 ELECTRICAL WORK. FURNISH, INSTALL, AND PROVIDE ALL MATERIALS, 4 EQUIPMENT, SERVICES AND INCIDENTALS FOR $ 45,990.00 WORK OTHER THAN ELECTRICAL. SUB TOTAL FOR DETAIL 1 SHEET 1-1.0 $46,990.00 1 MDC SPLIT CORRIDOR PUMP STATION page 13 of 14 WORK FOR THE ELECTRICAUFLOW SENSOR DETAILS AND ASSOCIATED WORK FROM r NEW PUMP STATION TO NEW TEE AT EXISITNG IRRIGATION MAIN: FURNISH, INSTALL, AND PROVIDE ALL MATERIALS, 5 EQUIPMENT, SERVICES AND INCIDENTALS FOR $ 5,500.00 ELECTRICAL WORK. FURNISH, INSTALL, AND PROVIDE ALL MATERIALS, 6 EQUIPMENT, SERVICES AND INCIDENTALS FOR $ 2,000.00 WORK OTHER THAN ELECTRICAL. SUB TOTAL FOR DETAIL 2 SHEET 1-1.0 $ 7,500.00 THE DIRECTIONAL BORING REFERENCED ON SHEET 1-1.0 SHALL INCLUDE AN 8" SLEEVE FOR THE 2" CONDUIT. THE 8" SLEEVE IS NOT SHOWN ON THE PLANS. FURNISH, INSTALL AND PROVIDE ALL MATERIALS, 7 EQUIPMENT, SERVICES AND INCIDENTALS FOR $ 7,200.00 THE 8" SLEEVE MEETING ELECTRICAL CODE. SUB TOTAL FOR 8" SLEEVE AND INSTALLATION $ 7,200.00 EROSION SEDIMENT CONTROL PLAN (THIS LINE 8 ITEM INCLUDES, BUT IS NOT LIMITED TO, THE PREPARATION OF THE ESCP, THE INSTALLATION $ 3,800.00 OF BMP'S, AND THE MAINTENANCE OF BMP'S 9 PERMITS $ 350.00 SUB TOTAL FOR MISCELLANEOUS $ 4,150.00 TOTAL FOR SPLIT CORRIDOR PUMP STATION BID $ 72,340.00 MDC SPLIT CORRIDOR PUMP STATION page 14 of 14 Meridian City Council Meeting DATE: Auqust 10, 2010 ITEM NUMBER: 4E PROJECT NUMBER: ITEM TITLE: First Addendum to the Reimbursement Agreement Dated June 18, 2010 Regarding the Irrigation Pump Station for the Split Corridor Project Phase One Landscaping Between Meridian Development Corporation and The City of Meridian MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIRST ADDENDUM TO THE REIMBURSEMENT AGREEMENT REGARDING THE IRRIGATION PUMP STATION FOR THE SPLIT CORRIDOR PROJECT PHASE ONE LANDSCAPING BETWEEN MERIDIAN DEVELOPMENT CORPORATION AND THE CITY OF MERIDIAN Whereas, this Addendum, made this 0 day of August, 2010 to the above - captioned Agreement between the City of Meridian and the Meridian Development Corporation, dated June 18, 2010 (AGREEMENT); and, Whereas, the reimbursement amount has changed and the parties desire to execute this Addendum to memorialize the new reimbursement amount. NOW THEREFORE, the AGREEMENT shall be modified in the following particulars: ^ Section 2 of the AGREEMENT shall be modified to specify that the reimbursement amount shall be for actual costs up to $65,000.00 All other terms of the AGREEMENT shall remain the same. IN WITNESS WHEREOF, the parties do execute this Addendum the day and year first above written. MERIQIAN DEVELOPMENT CORPORATION Z Larry Lipschultz, CITY OF MERIDIAN, IDAHO in Aird, Mayor '---io- 10 o . Attest: = AL Jaycee L. Hol , City Clerk o� _ REIMBURSEMENT AGREEMENT REGARDING THE IRRIGATION PUMP STATION FOR THE SPLIT CORRIDOR PROJECT PHASE ONE LANDSCAPING BETWEEN MERIDIAN DEVELOPMENT CORPORATION AND THE CITY OF MERIDIAN THIS REIMBURSEMENT AGREEMENT is made and entered into this / �, 141 day of June, 2010, by and between the Meridian Development Corporation (MDC) and The City of Meridian, Idaho (City), to establish a mutual understanding of the conditions upon which the City of Meridian will receive reimbursement for work associated with the Split Corridor Phase One Irrigation Pump Station. WHEREAS, MDC and City are parties to an agreement dated June 26, 2008 (the "Three Party Agreement") with the Ada County Highway District to provide, among other things, certain landscape improvements associated with the Meridian Split Corridor Phase One Project ("Project"); and WHEREAS, Under the Three Party Agreement, MDC was to be solely responsible to provide the design and installation of an irrigation pump station to provide adequate water volume and water pressure to the Project landscaping; and WHEREAS, City is willing to provide construction management services for the construction and installation of the pump station, subject to reimbursement from MDC; and WHEREAS, MDC has approved the expenditure of up to $55,000.00 for reimbursement of costs associated with construction and installation of the pump station and associated equipment. NOW, THEREFORE, the parties hereby agree as follows: 1. MDC shall provide to City a complete set of plans for the design of the pump station. 2. City shall bid and manage the construction and installation of the pump station. 3. Upon presentation of an invoice and documentation of expenses, MDC shall reimburse City for actual pump station construction costs up to $55,000.00. 4. In the event that MDC fails to fulfill its obligations under this agreement, City reserves the right to utilize any available legal remedy receive reimbursement. Reimbursement Agreement -1 of 2 6. If a suit, action, or other proceeding arising out of or related to this AGREEMENT is instituted by any party, the prevailing party shall be entitled to recover its reasonable attorney fees, expert witness fees, and costs (i) incurred in any settlement negotiations, (ii) incurred in preparing for, prosecuting or defending any suit, action, or other proceeding, and (iii) incurred in preparing for, prosecuting or defending any appeal of any suit, action, or other proceeding. 6. This AGREEMENT shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 7. Time is of the essence with respect to the obligations to be performed under this AGREEMENT S. The failure or neglect of a party to enforce any remedy available by reason of the failure of the other party to observe or perform a term or condition set forth in this AGREEMENT shall not constitute a waiver of such term or condition. A waiver by a party (i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. IN WITNESS WHEREOF, the parties do execute this Reimbursement Agreement the day and year first above written. MERIDI "' o -7"N DEVELOPNT CORPORATION Y Larry Lipschultz, Chair an CITY OF MERIDIAN, IDAHO By: f/ .�` of MER/��''''�. Attest: C; Jaycee L. Ho an, City Clerk SEALsl _ \OUNi� 010:1 '11111►►►11 111110 Reimbursement Agreement - 2 of 2 Meridian City Council Meeting DATE: August 10, 2010 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: Task Order # 10193 for the Sewer Main Replacement Project with Civil Survey Consultants, Inc. Under the Master Agreement Dated April 13, 2010 for a Not -To Exceed Amount of $124,760.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Y•W o 11 E IDIANI-6�--e Public � D A H O o; Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, EIT DATE: July 23, 2010 Mayor Tammy de Weerd CRR Coandli Memberft Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: TASK ORDER #10193 FOR THE SEWER MAIN REPLACEMENT PROJECT WITH CIVIL SURVEY CONSULTANTS, INC. UNDER THE MASTER AGREEMENT DATED APRIL 13, 2010 FOR A NOT -TO - EXCEED AMOUNT OF $124,760.00 I. RECOMMENDED ACTION A. Move to: Approve the Consultant Agreement with Civil Survey Consultants, Inc., the most qualified firm, to provide engineering services for sewer line replacements at various locations in an amount not to exceed $124,760.00; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Roxanne Holland, Staff Engineer (Project Manager) 489-0347 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background Through cleaning efforts and camera work in the collection system, wastewater collections staff have identified numerous sections of sewer lines that are in poor condition. The damage in the sewer lines include holes, hydrogen sulfide Page 1 of 3 IV V. corrosion, separated joints, severe cracks, and collapsed pipe. Sewer lines with this severe damage require replacement. B. Proposed Project The proposed project is for the design of these sewer line replacements. The project includes design services for 9 sections of sewer lines located throughout the greater downtown area. A set of plans and bid documents will be developed for each site. C. Consultant Selection Civil Survey Consultants, Inc. is a highly knowledgeable consulting firm in wastewater collection systems and has completed design services for numerous municipalities. The firm was chosen as a consultant for projects over $25,000 from a Request for Qualifications in February of 2010. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Fiscal Impact: Project Costs Consultant Agreement $124,760.00 Total Project Cost $124,760.00 Project Funding Sewer Line Replacements (3590-95000) $124,760.00 Total Funding $124,760.00 ALTERNATIVES A. The City could defer the Sewer Line Replacement Design. A deferment of the design would result in the deferment of construction. Line replacements need to be completed in order to avoid a possible catastrophic failure of a sewer line. Completing the design now will allow the construction to begin in Fiscal Year 2010. B. The Public Works Engineering Division could complete the design in house. With limited staff and time to dedicate to the project, the design would not be completed as fast as it could be by hiring a Consultant. Timing is of the Page 2 of 3 essence for these projects in order to avoid further damage or failure of the sewer lines. VI. TIME CONSTRAINTS The approval of this project allows Public Works to hire a consultant to design sewer line replacements for damaged sewer lines. Civil Survey Consultants, Inc. is ready to begin work as soon as the task order is approved. VII. LIST OF ATTACHMENTS A. Task Order No. 10193 Department Approval: Page 3 of 3 1z- d ate 10-N, C E AN � f-� ) N? PURCHASING AGENT 33 E. Broadway Ave, Meridian, ID 83642 Phone: (208) 888-4433 x 417 Fax: (208) 887-4813 TASK ORDER NO. 10193 Between CITY OF MERIDIAN AND CIVIL SURVEY CONSULTANTS, INC. This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, covenant and conditions contained in the Master Agreement between the above mentioned parties dated April 13, 2010. SEWER MAIN REPLACEMENT SCOPE OF SERVICES Per the City's request, the Engineer will provide professional engineering services related to the design of replacing or rehabilitating sections of existing 8" sanitary sewer mains in their current locations. The locations are as follow: Located in alley just south of Cherry Lane that is between Meridian Road and Main Street. Manhole N14-57 to Manhole N14-58. The sewer main turns and runs north under a building from Manhole N14-48 to Manhole N14-63 located in Cherry Lane. The section running north will be abandoned and the main in the alley will be extended west to Meridian Road and then north to Cherry Lane. 2. Existing main runs through the backyards of properties on the west side of NW 4th Street from Maple Avenue to the south. Manhole N12-320 to Manhole N12-248. 3. Existing main runs through the backyards of properties on the west side of NW 4th Street from Carlton Avenue to the North. Manhole N12-320 to Cleanout N12-344. ,,...N 4. Located in NW 4th Street from Washington Avenue to the North. Manhole N14-40 to Manhole N14-55. 5. Located in alley north of State Street between NE 3`d and NE 4th Streets. Manhole N14-67 to Manhole N14-50. 6. Located in alley from Meridian Road to Main Street between Broadway Avenue and Idaho Avenue. Manhole N14-84 to Manhole N14-28. 7. Located in alley west of Meridian Road from Broadway Avenue to Idaho Avenue. Manhole N12-06 to Manhole N12-323. 8. Located in Bower Street from Main Street to East 2nd Street. Manhole N14-96 to Manhole N14-97. 9. Existing main runs across private properties from Gem Street to Franklin Road between Main Street and Meridian Road. Manhole N14-03 to Manhole N14-31. This site will be evaluated to possibly abandon a portion of the existing main and connect the existing main to the sewer main in Main Street. Task 1 —Administration 1.1 This task includes duties associated with setting up the contract and submitting monthly invoices. Task 2 — Design Surveying 2.1 This task includes field work associated with performing topographic survey required to complete the design. Topographic survey will cover existing utilities, irrigation, pavement, curb, gutter, sidewalk, water meters, and any other items within the public right-of-way required to complete the design. The City shall contact dig -line and have the existing utilities marked. It shall be the City's responsibility to obtain permission from property owners to complete surveying and construction activities on private property. Engineer will assist city staff with the process of obtaining permission. 2.2 This task includes office work associated with drafting the topographic survey and establishing centerline control and the public right-of-way. For the purposes of this project existing public right-of—way will be established using record of surveys and subdivision plats recorded with Ada County along with any property corners found during the topographic survey. Right-of-way or boundary surveys are not included in the scope of services. For purposes of this project it is assumed that all existing sewer mains located on private property are located within an existing easement. Copies of all existing easement documents will be provided by the City. If no easement documents are found easements will be required prior to any work on private property. Obtaining easements for existing sewer lines located on private property is not included in this scope of work. Task 3 — Design Sewer Replacement 3.1 This task includes work associated with reviewing the video of the existing sanitary s� sewer main to determine the location of existing sewer services and plotting them on the plans. City shall provide a video of the existing sewer main. 3.2 Determining replacement method and designing sewer replacement. City staff shall assist the Engineer in determining the preferred method of replacement. Pipe bursting, sliplining, and open trench methods will be evaluated to determine the best method of replacing the existing sewer mains. The existing sewer services will not be replaced and will be reconnected to the new •'"'� sewer main. The existing water meters and service lines will be replaced at locations identified by the City. 3.3 If existing irrigation facilities are found to be impacted by the project this item will include preparing and submitting an application for a license agreement to the appropriate irrigation district. City shall pay all fees associated with the agreement. 3.4 Correspondence and coordination with adjacent property owners regarding surveying and construction activities on their property. It shall be the Cities responsibility to obtain permission from property owners to complete surveying and construction activities on private property. Engineer will assist city staff with the process of obtaining permission. Task 4 — Construction Document Preparation and Review 4.1 Develop plans, specifications and bid schedule that meet current design standards and standard specifications of the City and ISPWC. One complete set of plans, specifications, and a bid schedule will be developed for each site, except sites 2 and 3 will be combined on one set. Multiple bid schedules may be provided to allow contractors to bid the project using different methods of replacing the sewer mains. 4.2 Submit one set plans to ACHD for review and approval prior to construction. Includes one set of revisions per ACHD comments and then resubmitting to ACHD for approval. 4.3 Submit 2 full size physical copies of plans and special provisions to City Engineering for Development Services review and approval, Engineer to revise plans as necessary and resubmit. 4.4 Submit 4 full size physical copies of plans and special provisions to City Engineering for QLPE review and approval, Engineer to revise plans as necessary and resubmit. 4.5 Prepare an Erosion and Sediment Control Plan (ESCP) and submit the plan to the City and ACHD for review and approval. The ESCP will be prepared in accordance with the City of Meridian Construction Stormwater Management Program. All other stormwater management program requirements shall be completed by the City or the Contractor. 4.6 Prepare final construction documents with inclusion of any addenda from the bidding phase and provide one physical copy for City's use and 10 physical copies for contractor's use. Task 5 — Construction Services 5.1 Provide one set of construction stakes for the new sewer mains. A maximum of six points will be staked at each site. Staking will be completed as requested by the City and Contractor. 5.2 Attend pre-bid meeting. 5.3 Attend pre -construction meeting. 5.4 Answer RFI's from contractor during bidding and construction about the design. 5.5 Review material specifications submitted by contractor. 5.6 Prepare record drawings meeting the City of Meridian Acceptance of Record/Electronic Drawings, dated August 26, 2009. 5.7 Send letters to property owners fronting project notifying them of the project and its anticipated construction schedule. The letter will be submitted City staff for approval prior to mailing of the letter. City will provide property owner mailing addresses as needed. This task also includes time responding to telephone calls from property owners. TIME OF PERFORMANCE Engineer will work with City staff to complete construction plans in a timely manner. COMPENSATION The Not -To -Exceed amount for this Task Order No. 10193 is One Hundred Twenty -Four Thousand Seven Hundred Sixty dollars ($124,760.00). The hourly rate for services and direct expenses is attached and by reference made part hereof. CITY OF MERI IAN B TAMMY de RD, MAYOR Dated: W- l () ` Zo l o CIVIL RVEY CONSULTANTS, INC. BY: Dated: Approved by City Council:lt7 � o" Lo of Im oR�r '- F Attest: AA EAL �AltEE . HOLMAN, CITY CLERK yCR M �T 1 S1 • �Q```�• Approve7as:e� Con%C'e nt Approv BY: D l KEITH ATTS, PURC ING AGENT TITLE: r` T W _P r rcc 40 r Dated: 8 -, - ll Dated: 7- o; 7-10 Man -Hour And Fee Estimate City of Meridian -Task Order #10193 Sewer Main Replacement Site #1 Task Description Project Manager Chief Project Design of Surveys Engineer 2 Engineer 1 Survey Crew Total Hours Task Cost $105.00 $525.00 Chief of Surveys 0.00 @ $105.00 $0.00 Task 1 -Administration 1.1 Contract and Invoices 0.00 @ 2 $0.00 2 $190.00 $95.00 $10,165.00 Design Engineer 1 0.00 @ $85.00 $0.00 Task 2 - Design Surveying 2.1 To o Survey- Field 2.2 To o Survey& Control - Office 0.00 @ 16 16 16 16 $2,160.00 $1,520.00 $135.00 $3,780.00 Task 3 - Design Sewer Replacement 3.1 Sewer Video Review & Plotting1 3.2 DevelopDesign 3.3 Irrigation License Agreement 3.4 Property Owner Correspondence 2 16 2 3 $14,470.00 1 18 2 3 $95.00 $1,730.00 $190.00 $285.00 Task 4 - Construction Documents 4.1 Plans, Specifications, Bid Schedule 4.2 Plans to ACHD for Review 4.3 Development Services Review 4.4 QLPE Review 4.5 Erosion and Sediment Control Plan 4.6 Final Documents 3 32 1 2 2 8 8 1 1 2 2 8 8 $3,355.00 $95.00 $190.00 $190.00 $760.00 $760.00 Task 5 - Construction Services 5.1 Construction Staking 5.2 Pre -Bid Meeting 5.3 Pre -Construction Meeting 5.4 Answer RFI's from Contractors 5.5 Review Material Submittals 5.6 Record Drawings 5.7 Property Owner Letters 1 1 2 2 4 4 8 4 8 1 1 2 2 8 4 $1,080.00 $95.00 $95.00 $190.00 $190.00 $920.00 $380.00 Total Man -Hours 5 0 107 0 28 140 $14,470.00 Classification Hours Rate Total Project Manager 5.00 @ $105.00 $525.00 Chief of Surveys 0.00 @ $105.00 $0.00 Project Engineer 1 0.00 @ $100.00 $0.00 Project Engineer 2 107.00 @ $95.00 $10,165.00 Design Engineer 1 0.00 @ $85.00 $0.00 Design Engineer 2 0.00 @ $80.00 $0.00 Survey Crew 28.00 $135.00 $3,780.00 Labor Subtotal 140.00 $14,470.00 Classification Each Rate Total Misc. Printing $300.00 License Agreement Fees $300.00 Direct Subtotal $600.00 Subtotal Total Estimated Fees taskorder10193.xls $15,070.00 $15,070.00 i"'\ Man -Hour And Fee Estimate City of Meridian -Task Order #10193 Sewer Main Replacement Site #2 and #3 Task Description Project Manager Chief Project Design of Surveys Engineer 2 Engineer 1 Survey Crew Total Hours Task Cost Task 1 -Administration $630.00 2 0.00 @ 0.00 @ 2 $190.00 1.1 Contract and Invoices 154.00 $95.00 $14,630.00 Design Engineer 1 0.00 Task 2 - Design Surveying20 $0.00 Design Engineer 2 Survey Crew 0.00 @ 34.00 20 $2,700.00 2.1 To o Survey - Field 24 24 $2,280.00 2.2 To o Survey& Control - Office $19,850.00 Task 3 - Design Sewer Replacement 1 $95.00 3.1 Sewer Video Review & Plotting 1 42 $4,010.00 3.2 DevelopDesign 2 40 2 2 $190.00 3.3 Irrigation License Agreement 8 $760.00 3.4 Property Owner Correspondence 8 Task 4 - Construction Documents 40 44 $4,220.00 4.1 Plans, Specifications, Bid Schedule 4 1 $95.00 4.2 Plans to ACHD for Review 1 2 $190.00 4.3 Development Services Review 2 2 $190.00 4.4 QLPE Review 2 8 8 $760.00 4.5 Erosion and Sediment Control Plan 8 $760.00 4.6 Final Documents 8 Task 5 - Construction Services 8 8 $1,080.00 5.1 Construction Staking 1 1 $95.00 5.2 Pre -Bid Meeting 1 1 $95.00 5.3 Pre -Construction Meeting 2 $190.00 5.4 Answer RFI's from Contractors 2 2 $190.00 5.5 Review Material Submittals 2 6 12 $1,380.00 5.6 Record Drawings 6 4 4 $380.00 5.7 Property Owner Letters Total Man -Hours 1 6 0 154 0 34 1 194 1$19.850.001 Classification Hours Rate Total Project Manager 6.00 $105.00 $630.00 Chief of Surveys Project Engineer 1 0.00 @ 0.00 @ $105.00 $100.00 $0.00 $0.00 Project En ineer 2 154.00 $95.00 $14,630.00 Design Engineer 1 0.00 $85.00 $0.00 Design Engineer 2 Survey Crew 0.00 @ 34.00 $80.00 $135.00 $0.00 $4,590.00 Labor Subtotal 194.001 $19,850.00 Classification Each @ Rate Total Misc. Printing $300.00 License Agreement Fees $300.00 Direct Subtotal $600.00 Subtotal Total Estimated Fees taskorder10193.xls $20,450.00 $20,450.00 Man -Hour And Fee Estimate City of Meridian -Task Order #10193 Sewer Main Replacement Site #4 Task Description Project Chief I Project Design Engineer 1 Survey Crew Total Hours Task Cost $105.00 Manager of Survey s Engineer 2 0.00 @ $105.00 $0.00 Project Engineer 1 0.00 @ $100.00 $0.00 Project Engineer 2 104.00 @ Task 1 -Administration2 $9,880.00 2 0.00 @ $85.00 $190.00 1.1 Contract and Invoices 0.00 $80.00 $0.00 Survey Crew 24.00 @ Task 2 - Design Surveying $3,240.00 12 12 $1,620.00 2.1 To o Survey - Field 133.001 16 $13,645.00 16 $1,520.00 2.2 To o Surve & Control - Office Task 3 - Design Sewer Replacement 1 $95.00 3.1 Sewer Video Review & Plotting1 18 $1,730.00 lo Design 2 16 2 2 $190.00 Irrigation License Agreement 0 $0.00 adence e3m 0 onstruction Documents 35 $3,355.00 4.1 Plans, Specifications, Bid Schedule 3 0324.2 1 $95.00 Plans to ACHD for Review 2 $190.00 4.3 Develo ment Services Review 2 $190.00 4.4 QLPE Review 8 8 $760.00 4.5 Erosion and Sediment Control Plan 8 $760.00 4.6 Final Documents 8 Task 5 - Construction Services 8 8 $1,080.00 5.1 Construction Staking 1 $95.00 5.2 Pre -Bid Meeting 1 1 $95.00 5.3 Pre -Construction Meeting 1 2 $190.00 5.4 Answer RFPs from Contractors 2 2 $190.00 5.5 Review Material Submittals 2 4 8 $920.00 5.6 Record Drawings 4 4 $380.00 5.7 Property Owner Letters 4 Total Man -Hours 5 0 1 104 0 24 133 $13,645.00 Classification Hours Rate I Total Project Manager 5.00 @ $105.00 $525.00 Chief of Surveys 0.00 @ $105.00 $0.00 Project Engineer 1 0.00 @ $100.00 $0.00 Project Engineer 2 104.00 @ $95.00 $9,880.00 Design Engineer 1 0.00 @ $85.00 $0.00 Design Engineer 2 0.00 $80.00 $0.00 Survey Crew 24.00 @ $135.00 $3,240.00 Labor Subtotal 133.001 1 $13,645.00 Classification Each Rate Total Misc. Printing $300.00 License Agreement Fees $300.00 Direct Subtotal $600.00 Subtotal Total Estimated Fees taskorder10193.xls $14,245.00 $14,245.00 1""t Man -Hour And Fee Estimate City of Meridian -Task Order #10193 Sewer Main Replacement Site #5 Task Description Project Chief Project Design Survey Total Hours Task Cost $105.00 Manager of Surveys Engineer 2 Engineer 1 Crew $105.00 $0.00 Project Engineer 1 0.00 $100.00 $0.00 Project Engineer 2 100.00 @ Task 1 -Administration $9,500.00 Design Engineer 1 0.00 2 $190.00 1.1 Contract and Invoices 0.00 @ 2 $0.00 Survey Crew 20.00 @ Task 2 - Design Surveying $2,700.00 8 8 $1,080.00 2.1 To o Survey -Field 125.00 12 $12,725.00 12 $1,140.00 2.2 To o Survey& Control - Office Task 3 - Desi n Sewer Replacement 1 $95.00 3.1 Sewer Video Review & Plotting1 18 $1,730.00 3.2 DevelopDesign 2 16 2 2 $190.00 3.3 Irrigation License Agreement 0 $0.00 3.4 Property Owner Correspondence 0 Task 4 - Construction Documents 35 $3,355.00 4.1 Plans, Specifications, Bid Schedule 3 32 1 $95.00 4.2 Plans to ACHD for Review 1 2 $190.00 4.3 Development Services Review 2 4.4 QLPE Review 2 2 $190.00 4.5 Erosion and Sediment Control Plan 8 8 $760.00 4.6 Final Documents 8 8 $760.00 Task 5 - Construction Services 8 8 $1,080.00 5.1 Construction Staking 1 $95.00 5.2 Pre -Bid Meeting 1 1 $95.00 5.3 Pre -Construction Meeting 1 2 $190.00 5.4 Answer RFI's from Contractors 2 2 $190.00 5.5 Review Material Submittals 2 4 8 $920.00 5.6 Record Drawings 4 4 4 $380.00 5.7 Property Owner Letters Total Man -Hours 5 0 100 0 20 125 $12,725.00 Classification Hours Rate Total Project Manager 5.00 @ $105.00 $525.00 Chief of Surveys 0.00 @ $105.00 $0.00 Project Engineer 1 0.00 $100.00 $0.00 Project Engineer 2 100.00 @ $95.00 $9,500.00 Design Engineer 1 0.00 $85.00 $0.00 Design Engineer 2 0.00 @ $80.00 $0.00 Survey Crew 20.00 @ $135.00 $2,700.00 Labor Subtotal 125.00 $12,725.00 Classification Each @ Rate Total Misc. Printing $300.00 License Agreement Fees $300.00 Direct Subtotal $600.00 Subtotal Total Estimated Fees taskorder10193.xls $13,325.00 $13,325.00 Man -Hour And Fee Estimate City of Meridian -Task Order #10193 Sewer Main Replacement Site #6 Task Description Project Manager Chief Project Design of Surveys Engineer 2 Engineer 1 Survey Crew Total Hours Task Cost $105.00 $525.00 Chief of Surveys 0.00 @ $105.00 $0.00 Task 1 -Administration 1.1 Contract and Invoices 0.00 2 $0.00 2 $190.00 $95.00 $8,360.00 Design Engineer 1 0.00 @ $85.00 $0.00 Task 2 - Design Surveying 2.1 To o Survey- Field 2.2 To o Survey& Control - Office 0.00 @ $80.00 8 8 0 $1,080.00 $0.00 $135.00 $2,700.00 Task 3 - Design Sewer Replacement 3.1 Sewer Video Review & Plotting 3.2 Develop Design 3.3 Irrigation License Agreement 3.4 Property Owner Correspondence 2 1 16 2 0 $11,585.00 1 18 2 0 $95.00 $1,730.00 $190.00 $0.00 Task 4 - Construction Documents 4.1 Plans, Specifications, Bid Schedule 4.2 Plans to ACHD for Review 4.3 Development Services Review 4.4 QLPE Review 4.5 Erosion and Sediment Control Plan 4.6 Final Documents 3 32 1 2 2 8 8 35 1 2 2 8 8 $3,355.00 $95.00 $190.00 $190.00 $760.00 $760.00 Task 5 - Construction Services 5.1 Construction Staking 5.2 Pre -Bid Meeting 5.3 Pre -Construction Meeting 5.4 Answer RFI's from Contractors 5.5 Review Material Submittals 5.6 Record Drawings 5.7 Property Owner Letters 1 1 2 2 4 4 8 4 8 1 1 2 2 8 4 $1,080.00 $95.00 $95.00 $190.00 $190.00 $920.00 $380.00 Total Man -Hours 5 0 1 88 11 0 20 1 113 1$11,585.00 Classification Hours Rate Total Project Manager 5.00 @ $105.00 $525.00 Chief of Surveys 0.00 @ $105.00 $0.00 Project Engineer 1 0.00 $100.00 $0.00 Project Engineer 2 88.00 @ $95.00 $8,360.00 Design Engineer 1 0.00 @ $85.00 $0.00 Design Engineer 2 0.00 @ $80.00 $0.00 Survey Crew 20.00 @ $135.00 $2,700.00 Labor Subtotal 113.00 $11,585.00 Classification Each @ Rate Total Misc. Printing $300.00 License Agreement Fees $300.00 Direct Subtotal $600.00 Subtotal Total Estimated Fees taskorder10193.xls $12,185.00 $12,185.00 Man -Hour And Fee Estimate City of Meridian -Task Order #10193 Sewer Main Replacement Site #7 Task Description Project Chief Project Design Survey Total Task Cost $105.00 Mana er of Surveys Engine r 2 Engineer 1 Crew Hours $0.00 Project Engineer 1 0.00 @ $100.00 $0.00 Project Engineer 2 100.00 @ Task 1 - Administration $9,500.00 Design Engineer 1 0.00 @ 2 $190.00 1.1 Contract and Invoices 0.00 @ 2 $0.00 Survey Crew 20.00 @ $135.00 $2,700.00 Task 2 - Design Surveying 125.00 8 8 $1,080.00 2.1 To o Survey -Field 12 12 $1,140.00 2.2 To o Survey & Control - Office Task 3 - Design Sewer Replacement 1 $95.00 3.1 Sewer Video Review & Plottin1 18 $1,730.00 3.2 Develop Design 2 16 2 2 $190.00 3.3 Irrigation License Agreement 0 $0.00 3.4 Property Owner Correspondence 0 Task 4 - Construction Documents 35 $3,355.00 4.1 Plans, Specifications, Bid Schedule 3 32 4.2 Plans to ACHD for Review 1 1 $95.00 4.3 Development Services Review 2 2 $190.00 4.4 QLPE Review 2 2 $190.00 4.5 Erosion and Sediment Control Plan 8 8 $760.00 4.6 Final Documents 8 8 $760.00 Task 5 - Construction Services 5.1 Construction Staking 8 8 $1,080.00 5.2 Pre -Bid Meeting 1 1 $95.00 5.3 Pre -Construction Meeting 1 1 $95.00 5.4 Answer RFI's from Contractors 2 2 $190.00 5.5 Review Material Submittals 2 2 $190.00 5.6 Record Drawings 4 4 8 $920.00 5.7 Property Owner Letters 4 4 $380.00 Total Man -Hours 1 5 1 0 100 0 20 1 125 1$12,725.00 Classification Hours Rate Total Project Manager 5.00 @ $105.00 $525.00 Chief of Surveys 0.00 @ $105.00 $0.00 Project Engineer 1 0.00 @ $100.00 $0.00 Project Engineer 2 100.00 @ $95.00 $9,500.00 Design Engineer 1 0.00 @ $85.00 $0.00 Design Engineer 2 0.00 @ $80.00 $0.00 Survey Crew 20.00 @ $135.00 $2,700.00 Labor Subtotal 125.00 $12,725.00 Classification Each @ Rate Total Misc. Printing $300.00 License Agreement Fees $300.00 Direct Subtotal $600.00 Subtotal Total Estimated Fees taskorder10193.xis $13,325.00 $13,325.00 10...t Man -Hour And Fee Estimate City of Meridian -Task Order #10193 Sewer Main Replacement Site #8 Task Description Project Manager Chief Project Design of Surveys En ineer 2 Engineer 1 Survey Crew Total Hours Task Cost $105.00 $525.00 Chief of Surveys 0.00 @ $105.00 $0.00 Task 1 -Administration 1.1 Contract and Invoices 0.00 @ $100.00 $0.00 0 $0.00 $95.00 $9,690.00 Design Engineer 1 0.00 $85.00 $0.00 Task 2 - Design Surveying 2.1 To o Survey -Field 2.2 To o Survey & Control - Office 0.00 @ 16 16 16 16 $2,160.00 $1,520.00 $135.00 $3,780.00 Task 3 - Design Sewer Re lacement1 3.1 Sewer Video Review & Plotting1 3.2 Develop Design 3.3 -Irrigation License Agreement 3.4 Property Owner Correspondence 2 16 2 0 $13,995.00 18 2 0 $95.00 $1,730.00 $190.00 $0.00 Task 4 - Construction Documents 4.1 Plans, Specifications, Bid Schedule 4.2 Plans to ACHD for Review 4.3 Development Services Review 4.4 QLPE Review 4.5 Erosion and Sediment Control Plan 4.6 Final Documents 3 32 1 2 2 8 8 35 1 2 2 8 8 $3,355.00 $95.00 $190.00 $190.00 $760.00 $760.00 Task 5 - Construction Services 5.1 Construction $takin 5.2 Pre -Bid Meeting 5.3 Pre -Construction Meeting 5.4 Answer RFI's from Contractors 5.5 Review Material Submittals 5.6 Record Drawings 5.7 Property Owner Letters 1 1 2 2 4 4 8 4 8 1 1 2 2 8 4 $1,080.00 $95.00 $95.00 $190.00 $190.00 $920.00 $380.00 Total Man -Hours 5 0 102 0 28 135 $13,995.00 Classification Hours Rate Total Project Manager 5.00 a $105.00 $525.00 Chief of Surveys 0.00 @ $105.00 $0.00 Project Engineer 1 0.00 @ $100.00 $0.00 Project Engineer 2 102.00 @ $95.00 $9,690.00 Design Engineer 1 0.00 $85.00 $0.00 Design Engineer 2 0.00 @ $80.00 $0.00 Survey Crew 28.00 @ $135.00 $3,780.00 Labor Subtotal 135.00 $13,995.00 Classification Each Rate Total Misc. Printing $300.00 License Agreement Fees $300.00 Direct Subtotal $600.00 Subtotal Total Estimated Fees taskorder10193.xis $14,595.00 $14,595.00 r"t Man -Hour And Fee Estimate City of Meridian -Task Order #10193 Sewer Main Replacement Site #9 Task Description Project Chief Project Design En ineer 2 En ineer 1 Survey Crew Total Hours Task Cost Manager of Surve s 207.00 $20,965.00 Task 1 -Administration 2 2 $190.00 1.1 Contract and Invoices Task 2 - Design surveying16 16 $2,160.00 2.1 To o Survey -Field 16 16 $1,520.00 2.2 Too Surve & Control - Office Task 3 -Desin Sewer Replacemen 2 $190.00 3.1 Sewer Video Review & Plotting 2 44 $4,220.00 3.2 DevelopDesign 4 40 2 2 $190.00 3.3 Irrigation License Agreement 2 $190.00 3.4 Property Owner Correspondence 2 Task 4 - Construction Documents 64 70 $6,710.00 4.1 Plans, Specifications, Bid Schedule 6 1 $95.00 4.2 Plans to ACRD for Review 1 3 $285.00 4.3 Development Services Review 3 3 $285.00 4.4 QLPE Review 3 8 8 $760.00 4.5 Erosion and Sediment Control Plan 8 $760.00 4.6 Final Documents 8 Task 5 - Construction Services 8 8 $1,080.00 5.1 Construction Stakin 1 1 $95.00 5.2 Pre -Bid Meeting- 1 $95.00 5.3 Pre -Construction Meeting1 2 $190.00 5.4 Answer RFPs from Contractors 2 2 $190.00 5.5 Review Material Submittals 2 6 12 $1,380.00 5.6 Record Drawings 6 4 $380.00 5.7 Property Owner Letters 4 10 0 1 167 0 30 207 J$20,965.00 Total Man -Hours Classification Project Manager Chief of Surveys Project Engineer 1 Project Engineer 2 Desi n En ineer 1 Desi n Engineer 2 Survey Crew Hours 10.00 0.00 0.00 @ 167.00 @ 0.00 0.00 30.00 Rate $105.00 $105.00 $100.00 $95.00 $85.00 $80.00 $135.00 Total $1,050.00 $0.00 $0.00 $15,865.00 $0.00 $0.00 $4,050.00 Labor Subtotal 207.00 $20,965.00 Classification Each Rate Total Misc. Printing $300.00 License Agreement Fees $300.00 Direct Subtotal $600.00 Subtotal Total Estimated Fees taskorderl 0193.xis $21,565.00 $21,565.00 Meridian City Council Meeting DATE: August 10, 2010 ITEM NUMBER: 4G PROJECT NUMBER: ITEM TITLE: Change Order #2 to the Original Contract Approved by City Council on April 7, 2009 for the Amount of 2,869,000.00 with JC Constructors, Inc. for Tertiary Filters Project Construction for a Not -To Exceed Amount of $81,883.63 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS S-e-YI'i io K-• W- on 7111 E IDIAN�-- Public IDAHO Works Department TO: Keith Watts, Purchasing Manager FROM: Clint Dolsby, P.E. Assistant City Engineer DATE: 07/26/2010 Mayor Tammy de Weerd CRY Council Members# Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: CHANGE ORDER #2 WITH JC CONSTRUCTORS, INC. FOR TERTIARY FILTERS PROJECT CONSTRUCTION FOR A NOT TO EXCEED AMOUNT OF $81,883.63 ON THE ORIGINAL CONTRACT AMOUNT OF $2,869,000 APPROVED BY CITY COUNCIL APRIL 7, 2009. I. RECOMMENDED ACTION A. Move to: Execution of Change Order #2 by the Mayor and Purchasing Manager with JC Constructors, Inc. for Tertiary Filters Project for a not to exceed amount of $81,883.63. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer 489-1341 Warren Stewart, PW Engineering Manager 489-1350 Tom Barry, Director of Public Works 489-1372 III. DESCRIPTION A. Background The Tertiary Filter Project provides 10.2 million gallons per day of filtration capacity at the wastewater treatment plant. This will support the reclaimed water program and adds to the filtration capacity at the wastewater treatment plant. This change order, in the amount of $81,883.63, brings the total contract amount to $3,002,197.26. B. Change Order The original contract was for the addition of three cloth disc filters, ferric feed facilities and associated piping and appurtenances to the wastewater treatment plant. This change order is for additional work to add diffusers in the chlorine contact channels and a bypass around the post aeration basin that will provide a means for the plant to maintain the permitted dissolved oxygen concentration in the plant effluent while Page I of 2 IV V. VI. inspecting and servicing the equipment within the post aeration basin. Also included are expenses for the relocation of the parshall flume, effluent flow monitoring, and additional asphalt paving. IMPACT A. Strategic Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship and environmental stability. B. Service/Delivery Impact: The replacement of the two existing travelling bridge sand media filters with three cloth disc filters will increase the filtration capacity of the plant to 10.2 million gallons per day, which matches the rated capacity. C. Fiscal Impacts: Contractor Agreement $2,869,000 Change Order 1 $51,313.63 Change Order 2 $81,883.63 Total Costs $3,002,197.26 D. Project Funding WWTP Plant Expansion Original Agreement (3590-96170) $1,265,500 Filter Upgrade Projects Original Agreement (3590-96154) $1,603,500 WWTP Plant Expansion COI (3590-96170) $6,864.00 Filter Upgrade Projects COI (3590-96154) $44,450.00 WWTP Plant Expansion CO2 (3590-96170) $70,883.63 Filter Upgrade Projects CO2 (3590-96154) $11,000.00 Total Funding $3,002,197.26 TIME CONTRAINTS The Tertiary Filter Project has an expected completion date of the late summer of 2010. LIST OF ATTACHMENTS A. C Department Appr ontract Cha e Orde orm with backup. oval:7/Z0 Dat Page 2 of 2 CITY OF MERIDIAN 33 EAST BROADWAY AVENUE MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No.: 2 Project Number: 10008 Date: 7/26/2010 Effective Date: 7/26/2010 CONTRACTOR: JC Constructors, Inc. PROJECT: Tertiary Filters Project The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: 1) Add a support channel at the intake box for the post aeration basin (RFI33). 2) Revisions to allow bypassing the post aeration basin and addition of diffusers in contact channel (RFP05). 3) Elimination of intermediate 20 -inch filter effluent (FE) pipe and replace with connection to 184nch FE pipes (WCD17). 4) Revisions to the elevation of the 30 -inch pipeline in the filter bypass box (WCD19). 5) Providing paved access to facilities for vehicles and maintenance (WCD20). 6) Parshall flume relocation (WCD21). 7) Concrete reinforcement for installation of wall mounted slide gates (WCD23). Reason for Change Order: Changes related to the Tertiary Filters construction project at the wastewater treatment plant. Attachments: RFI33, RFP5, WCD 17, 19, 20, 21, and 23 with pricing. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $2,869,000.00 Original Contract Completion Date: 1/26/2010 Original Contract Completion Days: 270 Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 1 No. 0 to 1 $51,313.63 79 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: 4/15/2010 $2,920,313.63 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: 160 $81,883.63 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: 9/22/2010 $3,002,197.26 RECOMMENDED:/(PROJECT MANAGER) ACCEPTED(CONTRACTOR) By. "h/"1J Date: '7/16110 Date: APPROVED: (CITY PURCHASIN GE T) COUNCIL APPROVAL 11111111111 ll' �� �` � I � U By: Keith Watts �� y OF Date: ��, APPROVED: ST:� - EA *0 By: Mayor Tammy d eerd _ y: ty Clads, Jaycee Holman Date: I0 CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Change Proposal # Meridian Tertiary Filters JC CONSTRUCTORS RFI # 33 &CONTRACT NO: &PROPOSAL DATE w116 v1 %Lf" 17VG Add a support channel at the gate side of the intake box for the post air. FOR CHANGE WORK DIRECTLY PERFORMED SY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes (Attach supporting detail estimates with man-hours and rates) $ 316.59 2. Insurance and Labor Taxes $ 75.45 3. Materials and Equipment. Detailed quantities attached. $ 200.00 4. Overhead & Fee @ 15% $ 88.81 Time Extension Requested 0 working dayJC Constructors' Cost $ 680.84 • - -.--------•--__._, r_. �...�...00.o o.... waauv�+ �roaRavwnS 1. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT 2 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P): $ _ 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT 0 5 PERCENT: $ _ CONTRACTORS BOND COST Q $.018/1000 $ 10.21 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+85) $ 691.06 JC CONSTRUCTORS, INC. CONTRACTOR NAME Jim Cox PRINTED NAME ON PROPOSAL SIGNATURE / DATE Page 1, JCC J %,VIMO I KUt; i VKS, INC. hange Proposal Request # RFI # 33 )ate: o -Jan -00 Scope of change: RFI # 33 0 Add a support channel at the gate side of the intake box for the post air. 0 0 Ad, 0 Page 2 Description Quantity Unit Labor Material Hrs/Unit Hours $/Unit Cost C7 aluminum channel and clips 1.00 Is 0.00 0.00 125.00 $0 $$0 125 Fab and install 1.00 Is 8.00 8.00 $0 Fabrication consumables 1.00 job 0.00 75.00 $75 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 Hours 8.00 MaYI $200 Page 2 JC Constructors Inc REQUEST FOR INFORMATION 1305 E Columbia Phone: 208-871-3479 Meridian, IDAHO 83642 TITLE: Grating Support at the influent box PROJECT: Tertiary Filter Project TO: Attn: Perrin Robinson CH2M Hill DATE: 2/26/2010 JOB: 162 STARTED: COMPLETED: REQUIRED: 3/5/2010 No. 00033 QUESTION: ..., . . See the sketch attached that shows a possible solution for support atthe eastern edge of the influent box. ` The area of attachment on the south side is only 4 inches wide. Please provide the size and attachment detail of a support member. 3/2/2010 - S. Howie Henrikson, CH2M HILL Use minimum size Aluminum Standard Channel C7 x 3.38 with connection detail per attached. Requested By:JC Constructors Inc Signed: Rob Guyott Primavera Date: 2/26/2010 Page 1 of 1 CHANGE PROPOSAL REQUEST 1.PROJECT Meridian Tertiary Filters 2.CONTRACTOR JC CONSTRUCTORS 3.PROJECT NO. Change Proposal # RFP #65 5.CONTRACT NO: &PROPOSAL DATE 14 -Jun -10 DESCRIPTION OF CHANGE Add additional sanitaire system to the post air basins to allow for bypassing the existing sanitaire system. System is being added to allow for maintenance of the existing system. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes (Attach supporting detail estimates with man-hours and rates) $ 5,856.96 2. Insurance and Labor Taxes $ 1,395.75 3. Materials and Equipment. Detailed quantities attached. $ 33,653.20 4. Overhead & Fee @ 15% $ 6,135.89 Time Extension Requested 0 working day JC Constructors' Cost $ 47,041.80 For work to be performed by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT 2 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P): $ 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT @ 5 PERCENT: $ - CONTRACTORS BOND COST a $.018/1000 $ 705.63 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+135) $ 47,747.43 JC CONSTRUCTORS, INC. CONTRACTOR NAME lir" rnr PRINTED NAME ON PROPOSAL Page 1, JCC SIGNATURE/DATE JC CONSTRUCTORS, INC. Change Proposal Request # RFP #6 Date: 14-Jun-10 Scope of change: Add additional sanitaire system to the post air basins to allow for bypassing the existing sanitaire system. System is being added to allow for maintenance of the existing system. 0 0 0 Description Quantity Unit Labor Material Hrs/Unit Hours $/Unit Cost 0.00 $0 Install air piping and valve modifications 1.00 Is 40.00 40.00 $0 Build up headers, layout and inventory 1.00 Is 20.00 20.00 $0 Estimate of work to complete 1.00 Is 80.00 80.00 $0 Sanitaire material purchase 1.00 Is 0.00 0.00 28282.00 $28,282 Shear gate purchase 1.00 ea 0.00 0.00 3439.20 $3,439 Air line valves 1.00 ea 0.00 0.00 1132.00 $1,132 Link seak and grout new penetration 1.00 Is 8.00 8.00 375.00 $375 Misc materials, bits, epoxy, weldin supplies a 1.00 Is 0.00 425.00 $425 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 Hours 148.00 Mat'I $33,653 Page 2 0 Contract Modification From: JC Constructors, Inc. 1305 E. Columbia Rd. Meridian, ID 83642 208-895-8105 Constructors, Inc. 208-895-8106 - Fax creating success through teamwork Reason(s) for change: SCOPE CHANGE DESCRIPTION Add butterfly valves for the post air modifications 4ea 4" valves @ $168/ea $ 672.00 lea 8" valve @ $460/ea $ 460.00 $ 1,132.00 Please sign and return one copy prior to monthly billing. Accepted: Title: JC Constructors, Inc. Rob Guyott Title: Project Manager Date: January 25, 2010 To: KGS Northwest Project: Tertiary filter project 12509 Bel Red Road Code: 162-15000.20 Suite 202 Mod #: Three Bellevue, WA 98005 Attention: Bill Kentor The following is supplementary to and subject to the same provisions as your original subcontract/purchase order for the project above. Original Contract Amount: $76,656.79 Mod #1 add 6" plug valve $565.49 Mod #2 $3,439.20 Contract Amount prior to this Modification $80,661.48 Change Order amount for this modification: $1,132.00 Revised Contract Amount: $81,793.48 Reason(s) for change: SCOPE CHANGE DESCRIPTION Add butterfly valves for the post air modifications 4ea 4" valves @ $168/ea $ 672.00 lea 8" valve @ $460/ea $ 460.00 $ 1,132.00 Please sign and return one copy prior to monthly billing. Accepted: Title: JC Constructors, Inc. Rob Guyott Title: Project Manager Contract Modification From: JC Constructors, Inc. 1305 E. Columbia Rd. C(W) Meridian, ID 83642 208-895-8105 Constructors, Inc. 208-895-8106 - Fax creating success through teamwork Date: January 8, 2010 To: KGS. Northwest Project: tertiary filter project 12509 Bel Red Road Code: 162-15000.20 Suite 202 Mod #: Two Bellevue, WA 98005 Attention: Bill Kentor The following is supplementary to and subject to the same provisions as your original subcontract/purchase order for the project above. Original Contract Amount: $76,656.79 Mod #1 add 6" plug valve $565.49 Contract Amount prior to this Modification $77,222.28 Change Order amount for this modification: $3,439.20 r� Revised Contract Amount: $80,661.48 Reason(s) for change: SCOPE CHANGE DESCRIPTION Add 1 ea 18" shera gate with handle, FOB job site Please sign and return one copy prior to monthly billing. Accepted: By. _ Title: JC Constructors, Inc. By: Rob Guyott Title: Project Manager $ 3,439.20 $ 3,439.20 .. ____... .. _ .._. w a V) O rn N rn � 3 i L .. ____... .. _ .._. w a i C,^ Q .. 0- m o o m 3 Z coo.. � > o c W D W D m w N O Z N W O t71 = yr r O O Of C O O OOi N 3 00 3 D r Gl r - OONo. C A.W O W. co t00 V CT -4 M N N O o D O V W n N M C tU tp W W W W (A fA N F- rr . M O m tr 0 Z ~ O n 0 V -. N M N N v -+ o c0i> o 0o co 0o w M w n n _a. n _a .n c a 3 � � to to � CD to to. - W N N. ` N N Cl O O O- A _O O O OO _ O O O K) Co J O O O vt W. (n fj W N O N m V 0..CD C - a) to Nco . N N N Obi Bpi N O D = O O Z- (D cD ID d — ---- -- --- -- m-- n m A o Z CA cD -- (D R_ s m .. ____... .. _ .._. w a .. coo.. N jp W D .. N O W N W O t71 r O O Of O O O tOT O O OOi N 3 Gl r - OONo. A.W O W. co t00 V CT N N N O lA W W V O V W n N t7f tD tU tp W W W W oWo m N OD O .. ____... .. _ .._. w a Request for Pricing No. 005 Project: Tertiary Filters Project JDate: 01/01/10 To: JC Constructors From: City of Meridian 1305 East Columbia Road 33 E Broadway, Ste 200 Meridian, ID 83642 Meridian, Idaho 83642 Attn: Rob Gu ott Clint Dolsb Subject: Type of Change: Reason for Change: Addition of Aeration to Post Owner requested Aeration Basins Location: Reference: Post Aeration Basins Description: Install a tee and add a valve in the new bypass line for bid additive one before the wall that separates the contact chamber from the post air basin. Install a pipe through the contact channel wall. Add a slide gate between the two contact channels near effluent end of the tank to allow flow from both sides of the contact tank could escape through the newly installed pipe. Add additional diffusers in the contact channel using the salvaged equipment from the liquid stream upgrade to increase the aeration capabilities of the post aeration basin. Contractor shall promptly proceed with minor changes in the Work that will not involve a change in the Contract Price or the Contract Times. ENGINEER Perrin Robinson, Project Manager CC: Clint Dolsby (City of Meridian) Trace Crane (City of Meridian) Tom Johnson (City of Meridian) SAPublic Works\Pwjects\CiVXurrent\W WTP Tertiary Filter Project Design and Construction(2008)\ConstructionWttachmntswP\RFP 005.doc 1 U CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Change Proposal # Meridian Tertiary Filters JC CONSTRUCTORS WCD #17 5.CONTRACT NO: 6.PROPOSAL DATE 2 -Mar -10 UtStrKll' I IUN Ut' L;HANUt Revise the FE line from 182 to tie directly into the 36 FE so that flow would not be restricted by the specified 20 x 20 Tee. Valves where not returnable COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes (Attach supporting detail estimates with man-hours and rates) 2. Insurance and Labor Taxes 3. Materials and Equipment. Detailed quantities attached. 4. Overhead & Fee @ 15% Time Extension Requested 0 working day For work to be performed by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAME CATEGORY OF WORK JC Constructors' Cost $ 296.81 $ 70.73 $ 5,648.30 $ 792.11 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OHBP): $ 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT 0 5 PERCENT: $ CONTRACTORS BOND COST C 5.018/1000 1$ 91.09 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+135) $ 6,163.97 JC CONSTRUCTORS, INC. CONTRACTOR NAME Jim Cox PRINTED NAME ON PROPOSAL Page 1, JCC SIGNATURE / DATE JC CONSTRUCTORS, INC. Phange Proposal Request # WCD #17 ate: 2 -Mar -10 Scope of change: Revise the FE line from 1 &2 to tie directly into the 36 FE so that flow would not be restricted by the specified 20 x 20 Tee. Valves where not returnable 0 0 Page 2 Description Quantity Unit Labor Material Hrs/Unit Hours $/Unit Cost 0.00 $0 Add 36 x 20 tee, reducer, and accessories 1.00 job 0.00 5648.30 $5,648 Eliminate installation of valves -3.00 ea 2.50 -7.50 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 Hours -7.50 Mat't $5,648 Page 2 Rob From: Bill Kentnor [bill@kgsnorthwest.com) ^. Sent: Thursday, January 28, 2010 11:05 AM To: Rob Guyott Subject: RE: return valves Rob: Bad news. Those are the Crispin/K-Flo valves and they won't take them back. Bill Kentnor KGS Northwest, LLC PH (425) 451-0667 FX (425) 451-0668 EM.bill@kjzsnorthwest.com From: Rob Guyott [mailto:Rob.Guyott@jccboise.com] Sent: Tuesday, January 26, 2010 3:47 PM To: Bill Kentnor Subject: return valves Bill we have two 20" Butterfly valves on the tertiary project that the city is not going to use. Can those be returned for any sort of credit? WORK CHANGE DIRECTIVE No. 017 PROJECT: TERTIARY FILTERS PROJECT DATE OF ISSUANCE: January 26, 2010 EFFECTIVE DATE: January26, 2010 OWNER: City of Meridian Project No. CONTRACTOR: JC Constructors ENGINEER: C112M HILL You are directed to provide a price quotation for the following change(s): Revise Filter No. 1 and No. 2 effluent pipe routing to eliminate intermediate connection to 20" FE as shown on Plan Sheet C-04 to provide for direct connection of 18" FE pipes to 36" FE pipe leading to Post Aeration Basin Inlet Box (see attached Sketch for WCD No. 017). Purpose of Work Change Directive: Eliminate intermediate 20" FE pipe, fittings, and valves since Bid Additive No. 2 was not executed as part of contract. If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change order based thereon will involve one or more of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Method of determining change in Contract Times: ❑ Unit Prices ❑ Contractor's records x Lump Sum ❑ Engineer's records ❑ Other ❑ Other Estimated increase (decrease) in Contract Price: Lump Sum price quotation to be supUlied from JCC. If the change involves an increase, the estimated amount is not to be exceeded without fiuther authorization. RECOMMEND by ENGINEER: PerrinA. By: (Au o zed Signature) Estimated increase (decrease) in Contract Times: Substantial Completion: 0 days; Ready for final payment: 0 days. If the change involves an increase, the estimated times are not to be exceeded without further authorization. AUTHORIZED by OWNER: By: 0" -A 0 atj� (Au orized gnature) P:IMERIDIANIDCTTYOFl354337PLANINTERTIARYFILTERSLSDC1WORKCHANGEDIRECTIVESIWCD 17.DOC lo -N, sours NVId St"d crdvA anal MWOM _nIHIMHO 2 0 Z Rob ,,...� From: Emilee Duncan (EDuncan@unitedpipe.com) Sent: Wednesday, January 27, 2010 9:13 AM To: Rob Guyott Subject: Re: sorry we just found a 20 x Tee. We will take the accessories though. Could you send a revised quote? 1 - 36X20 DI MJ TEE $4,726.40 5 - 20" MJ C153 ND STD ACCY PACK $76.30/ea 2 - 36" MJ C153 ND STD ACCY PACK $332.15/ea 1 -18" MJ C153 ND STD ACCY PACK $66.15 1 - 20X18" MJ C153 DI ND REDUCER $339.29 Total with tax is $6,548.30 E"milee Duncan Treatment Plant/Industrial Group Project Manager United Pipe & Supply Co, Inc (208) 947-8325 Direct (208) 947-8305 Fax "Rob Guyott" <Rob.Guvott�iccboise.com> To "Emilee Duncan" <EDunpn[@unitedaine com> 01/27/2010 09:04 AM cc Subject sorry we just found a 20 x Tee. We will take the accessories though. Could you send a revised quote? Page 1 of 1 Clint Dolsby From: Perrin. Robinson@CH2M.com Sent: Monday, March 08, 2010 4:33 PM To: Clint Dolsby Subject: Meridian Filters: Change Proposal Request Hi Clint, I looked over the CPR's Rob provided at the last meeting. Only comment I have is on the CPR for the WCD#17 as I would expect some credit for the 20" tees and pipe. I saw the note that the valves could not be returned. Do you need any documentation from me on these CPR's? Thanks, Perrin 5/28/2010 CHANGE PROPOSAL REQUEST 1.F'KUJtU I I2.CONTRACTOR 3.PROJECT NO. Change Proposal # Meridian Tertiary Filters JC CONSTRUCTORS bl 5 -CONTRACT NO: &PROPOSAL DATE DESCRIPTION OF CHANGE 3 -Mar -10 Expose, cut, and re -weld steel pipe to revised elevation. Pour concrete collar around fernco sleeve. Re -align irrigation line in conflict with 30" SE line Re -align water line over the FE line coming out of filter three COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes (Attach supporting detail estimates with man-hours and rates) $ 1,780.83 2. Insurance and Labor Taxes $ 424.38 3. Materials and Equipment. Detailed quantities attached. $ 1,275.00 4. Overhead & Fee @ 15% $ 522.03 Time Extension Requested 0 Wofklng daV JC Constructors' Cost $ 4,002.25 For work to be performed by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT 2 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P): $ _ 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT 0 5 PERCENT: $ _ CONTRACTORS BOND COST 0 $.018/1000 $ 60.03 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+B5) $ 4,062.28 JC CONSTRUCTORS, INC. CONTRACTOR NAME Jim Cox PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC F JC CONSTRUCTORS, INC. "'+Change Proposal Request # 0 Jate: 3 -Mar -10 Scope of change: Expose, cut, and re -weld steel pipe to revised elevation. Pour concrete collar around fernco sleeve. ###### Re -align irrigation line in conflict with 30" SE line Re -align water line over the FE line coming out of filter three 0 Description Quantity Unit Labor Material Hrs/Unit Hours $/Unit Cost 0.00 $0 Pot hole and investigate alignment 1.00 Job 8.00 8.00 $0 Modify steel pipe to proper alignment 1.00 Job 20.00 20.00 $0 Pour concrete seal at Femco 1.00 job 6.00 6.00 400.00 $400 Re align water line over the 30" FE pipe 1.00 Job 6.00 6.00 500.00 $500 Re -align irrigation line 1.00 ob 5.00 5.00 175.00 $175 Rent welding rig 1.00 day 0.00 150.00 $150 Welding consumables 1.00 Is 0.00 50.00 $50 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 Hours 45.00 Ma1V9 $1,275 Page 2 WORK CHANGE DIRECTIVE Nn_ 019 PROJECT: TERTIARY FILTERS PROJECT DATE OF ISSUANCE: January 28, 2010 EFFECTIVE DATE: January 28, 2010 OWNER: City of Meridian Project No. CONTRACTOR: JC Constructors ENGINEER: CH2M HILL You are directed to provide a price quotation for the following change(s): Revise the elevation of the 30 -inch steel pipeline at the filter bypass box. Purpose of Work Change Directive: If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change order based thereon will involve one or more of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: ❑ Unit Prices x Lump Sum ❑ Other Estimated increase (decrease) in Contract Price: Lump sum price quotation to be supplied from JCC. If the change involves an increase, the estimated amount is not to be exceeded without further authorization. RECOMMEND by ENGINEER: Perrin By: f'' S 2oJ0 (Aut onzed Signature Method of determining change in Contract Times: ❑ Contractor's records ❑ Engineer's records ❑ Other Estimated increase (decrease) in Contract Times: Substantial Completion: 0 days; Ready for final payment: 0 days. If the change involves an increase, the estimated times are not to be exceeded without further authorization. AUTHORIZED by OWNER: By: ta., 00�L (Authorized Si tore) CADOCUMENTS AND SETTINGSTROBINSOIMY DOCUMENTSWAIUM TEMP ATTACHMENTSIWCD_19 (2).DOC M ca - > > = O O L O CO) N N O- ""' 3 N -C = O N N CL > 2 > E E cuCU 4 i Q N I - -0 C 3 cu 'a 3 C;)W c c 0) LL c6 O `1— � 0 w > Z O Q- > O N N co ca 0-0 to C O cn > Of •> -0 2) r ._ O = O c rn - cc 3: Uam"DM LLL ca O O)wM ° 3 Y N C '0 >' U Q. C (i ��'O'' .0 Cc CL AJC) 7 U) 0 U c cc = O a N (U CL a 0 m � 4 C 0 Cc C W 0 Co O O Ocf).5tti O a N CV) O , X — 0 x a) U W —a > ,�- �0)�2 !�,6 ' 0 O > N IS 0 CHANGE PROPOSAL REQUEST Meridian Tertiary FiltersI JC CONSTRUCTORS 15 -CONTRACT NO: DESCRIPTION OF CHANGE Misc final stabilization changes Delete concrete sidewalks replace with asphalt Raise grade of drive way at east of filter #4 Ex out grade adjacent to filter 4 and fill with stone to create water storage Raise electrical box to new grade FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 11. Direct labor wl labor fringes (Attach supporting detail estimates with man-hours and rates) 2. Insurance and Labor Taxes 3. Materials and Equipment. Detailed quantities attached. 4. Overhead & Fee @ 15% Time Extension Requested 0 working dax For work to be performed by subcontractors, per proposals and detailed breakdowns JC Constructors' Cost Change Proposal # WCD # 20 SAL DATE 15 -Jun -10 $ 3,253.78 $ 775.40 $ 4,197.40 $ 1,233.99 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OHBP): $ s CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT a 5 PERCENT: $ CONTRACTORS BOND COST a $.018/1000 $ 141.91 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+B5) $ 9,602.47 JC CONSTRUCTORS, INC. CONTRACTOR NAME PRINTED NAME ON PROPOSAL. Page 1, JCC SIGNATURE/DATE JC CONSTRUCTORS, INC. Change Proposal Request # WCD # 20 Date: 15 -Jun -10 Scope of change: Misc final stabilization changes Delete concrete sidewalks replace with asphalt Raise grade of drive way at east of filter #4 Ex out grade adjacent to filter 4 and fill with stone to create water storage Raise electrical box to new grade Description Quantity I Unit Labor Delete sidewalk 613.00 sf Add asphalt in its place 400.00 sf Add rock east of filter 1 &2 4.00 c yl 3/4 and fine grade for additional asphalt 3522.00 sf Fill and grade lows of in driveway 1.00 Is Ex and fill with rock 1100sf x 1'-01, 40.00 1 cys Electrical box at filter three remove & replace 1.00 Is Additional asphalt not in original scope At the headworks plan 3200 in place 3922 722.00 sf North of post air basin 5 x 90 540.00 sf At primary 1 &2 asphalt repair not in WCD # 16 480.00 sf East of filter 1&2 810.00 sf East of filter # 3 ldn nn �s Mini Ex 2.00 Dozer 2.00 Roller 2.00 Page 2 0.01 24_0( 0.50 3.00 Hours -11.00 2.00 17.00 0.10 17.00 165.00 1.85 1.85 1.85 1.85 1.85 700.00 500.00 Marl 743 $0 1.336 $0 $0 197 JC Constructors Inc REQUEST FOR INFORMATION 1305 E Columbia Phone: 208-871-3479 No. 00034 Meridian, IDAHO 83642 TITLE;=-5}te-grades-at€rlte:c PROJECT: Tertiary Filter Project JOB: 162 TO: Attn: Perrin Robinson CH2M Hill STARTED: COMPLETED: REQUIRED: 3/3/2010 We had discussed in last weeks minutes about trading asphalt for sidewalk. For a rough estimate - side walk is about $10/sf and asphalt is about $2/sf. Please let us know where the asphalt and sidewalk limits will be if we are going to change the areas. 3/2/2010 - Perrin Robinson Slope new asphalt (paving plan revision Sheet C-08 forthcoming) towards Filter #4 gravel area that will serve as a storm water infiltration zone. Refer to attached sketches (2 total). Requested By:JC Constructors Inc Date: 3/1/2010 Signed: Rob Guyott Prunavere Page 1 of 1 � VV Cit art AaH ✓ t E N, U WORK CHANGE DIRECTIVE PROJECT: TERTIARY FILTERS PROJECT DATE OF ISSUANCE: March 5, 2010 EFFECTIVE DATE: March 5, 2010 OWNER: City of Meridian Project No. CONTRACTOR: JC Constructors ENGINEER: CH2M HILL You are directed to provide a price quotation for the following change(s): Provide asphalt pavement in place of concrete sidewalk and gravel as shown on the revised plan sheet C-08 attached. Add strip of asphalt pavement north of post aeration basin as shown on the revised plan sheet C-09 attached. Purpose of Work Change Directive: Provide additional paved access to facilities for vehicles and maintenance. If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change order based thereon will involve one or more of the following methods ofdetenmining the effect of the change(s). Method of determining change in Contract Price: Method of determining change in Contract Times: ❑ Unit Prices ❑ Contractor's records x Lump Sum ❑ Engineer's records ❑ Other ❑ Other Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: Lump sum price quotation to be supplied from JCC. Substantial Completion: 0 days; Ready If the change involves an increase, the estimated amount for final payment: 0 days. If the change is not to be exceeded without further authorization. involves an increase, the estimated times are not to be exceeded without further authorization. RECOMMEND by ENGINEER: AUTHORIZED by OWNER: Perrin A obinse E. By Y1512'0"10 1 - By: C (Au oried�- ure) (Authorized Si ture) P:IMERIDIANIDCITYOR354337PI.ANT\TERTiARYFILTERS\SDC\WORKCHANGEDIRECTIVESIWCD 020\WCD 020. DOC M�JOAW I VNV'id DNKN GNVOUAVd ONTO wwu L'JWCWIMWAMVUIML yv� -niHmHo O iO vrrwr�r wsnlwio� low wlwir �, 1MIYJl9{PIiLL19l�{�yli1M a 8 pZ1 V!ffl r i01M11 {'OMI{gYpOy W{ d/101/Y10W1 eN IY G ONIAVW pb 4 R d F .�aVi Laowwa�vanuis► Im i ! '1 immHo ' V 0 0 O ac : W sO n m _Z (7 O a� ® a iW iW as V ID CHANGE PROPOSAL REQUEST .M. Page 1, JCC T.PIKWM I 2.CONTRACTOR Meridian Tertiary Filters JC CONSTRUCTORS 3 -PROJECT NO. Change Proposal a UV MH changes &CONTRACT NO: &PROPOSAL DATE DESCRIPTION OF CHANGE Install MH at the Bro UV discharge Intersection per CH2 design. Revise the location of the Pamhail flume back to the pre addendum position. RFP #21 COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes (Attach supporting deta5 estimates with man-hours and rates) $ 2. Insurance and Labor Taxes $ 3. Materials and Equipment. Detailed quantifies attached. $ 4. Overhead & Fee @ 15% $ Time Extension Requested 0 wonting day JC Constructors' Cost $ 880.52 209.83 7,797.00 1,333.10 10 220.46 B. For work to be performed by subcontractors, per proposals and detailed breakdowns t. SUBCONTRACTOR NAME CATEGORY OF WORK AMOK 2 'TOTAL SUBCONTRACTOR AMOUNT QNCLUOM SUB, ONaPX CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT 0 5 PERCENT: $ - CONTRACTORS BOND COST ® 4.01SH000 153.31 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (AS+05) ti$ 10,373.77 JC CONSTRUCTORS, INC. ` CONTRACTORNAW Jim Cox PRWTEDNAME ONPROPOSAL SKWA f f/ TE .M. Page 1, JCC In frnarernl10......,�. Hours 22.25 Marl S7 797 Page 3 ..v vv■.v I r WSW, Il9V. _ Change Proposal Request # UV MH changes Date: O,lan4O Scope of change: Install MH at the Bro W discharge intersection per CH2 design. Revise the location of the Parshall flume back to the pre addendum position. RFP #21 0 0 Description Quantity Unit Labor Material Hrs/Unk Hours $/Unit Cost $0 Add reducer fittingto work with 20" valve 1.00 ea 3.00 3.00 390 30.00 0 Add valve from eliminated valve at finers Coupler 1.00 1.00 ea ea 4.00 3.00 4.00 3.00 725 $O $725 Install Manhole 0.00 $0 Demo metering box below 2541.00 1.00 is 8.00 8.00 350 $350 Ex for MH above required for pipe 15.00 CYS 1.00 15.00 0.00 Rent MH trench boot 1.00 1 job 0.00 0.00 1225 $1,225 Haul off additional 20.00 CYS 0.00 0.00 4.50 $w Rock base 20•00 s 0.25 5.00 15.00 $300 BadctiN additional 15.00 CYS 0.35 5.25 8.00 5120 BUY MH w/ base & grating 1.00 is 1.00 1.00 0.00 $8.084 Set manhole sections w/ crane 1.00 Is 1 16.00 16.00 1000 S1 000 Channel the bottom of the MH 1.00 Is 8.00 8.00 200 $200 0.00 $0 Deduct for trenchina to ori incl flume location 0.00 $0 Asphalt patch -50.00 sf 0.00 2.00 4100 Deduct 48" manhole -1.00 is 0.00 2037 42,037 Deduct trench ex and backfill -50.00 If 0.32 -18.00 3.00 4150 Install pipe -50.00 If 0.32 -16.00 $d Install 48" MH -1.00 Is 8.00 -8.00 $0 Deduct beddin sand -1.00 Is 8.00 -6.00 400 4400 0.00 0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 0 0.00 50 n nn cn Hours 22.25 Marl S7 797 Page 3 WORK CHANGE DIRECTIVE PROJECT: TERTIARY FILTERS PROJECT DATE OF ISSUANCE: March 30, 2010 EFFECTIVE DATE: March 30, 2010 OWNER: City of Meridian Project No. CONTRACTOR: JC Constructors ENGINEER: CH2M HILL You are directed to provide a price quotation for the following change(s): Implement the changes outlined in the C112M HILL Technical Memorandum dated February 25, 2010. The work changes include relocation of the Parshall flume back to its original location on the east side and adjacent to the UV basins, construct the Parshall flume per the original dimensions with modified elevations as shown revised Plan Sheet S-09 (attached), replacement of the flow -splitting 42 -inch tee and associated fittings on the plant discharge pipe from the UV basins with an 84 -inch circular manhole with aluminum grating cover per revised Plan Sheet C-07 and sketch of detail and section (attached), and addition of a Type V50418 -inch butterfly valve with buried operator and valve box (Detail 4027-641) on the 18 -inch BRO discharge pipe. Purpose of Work Change Directive: Provide greater hydraulic control for plant effluent discharge pipe to BRO pump station and Five Mile Creek outfall, reduce added cost associated with locating Parshall flume further downstream on Five Mile Creek discharge pipe, and provide closer proximity for effluent composite sampling at 84 -inch manhole and flow measuring device in the Parshall flume. If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change order based thereon will involve one or more of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Method of determining change in Contract Times: ❑ Unit Prices ❑ Contractor's records x Lump Sum ❑ Engineer's records ❑ Other ❑ Other Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: Lump sum price quotation to be supplied from JCC. Substantial Completion: 0 days; Ready If the change involves an increase, the estimated amount for final payment: 0 days. If the change is not to be exceeded without further authorization. involves an increase, the estimated times are not to be exceeded without further authorization. RECOMMEND by ENGINEER: AUTHORIZED by OWNER: Perrin A fiblruon, � By: 0 JA (Authorized Signature) (Authorized Signa re) P:\MERIDIANIDCnYOF135d337PLAMMTERTiARYFILTERS\SDCIWORKCHANGEDIRECT[VES\WCD 021\WCD 021.DOC �\ ''|| -n■HLAWHO � | 2 � % | | cj ` � � | � § ba k ks � -- ■ j � ■ � ` ` ■ |& r. : . ( ,r , y ® . � | & | | ■� � �| & � � Q � � § | � � ; ■| & � ■ | � {� �n+tvau�rra►aw F TAII -9m ps 5J - N wNomiouo 8NOLLVDIA"74wu nuLB ' s oi. vwbw� V3N11M -mHNwH9 oil-:: W r � 4 tv � a 6 ----- ------ b <I AJ .it .t a Z a } I �F i sO ¥� � y < � \ A �G \/ �/ < � � CHANGE PROPOSAL REQUEST "A C-0 Z3 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Change Proposal # Meridian Tertiary Filters JC CONSTRUCTORS 162 Kr 5 -CONTRACT NO: &PROPOSAL DATE 24 -Feb -10 DESCRIPTION OF CHANGE Revise the size of the influent box to accommodate face mounted gates and deteriorated concrete FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes (Attach supporting detail estimates with man-hours and rates) 2. Insurance and Labor Taxes 3. Materials and Equipment. Detailed quantities attached. 4. Overhead & Fee @ 15% Time Extension Requested 0 working day For work to be performed by subcontractors, per proposals and detailed breakdowns arA MITRArmR NAMc CATEGORY OF WORK $ $ JC Constructors' Cost $ L' 296.81 70.73 695.20 159.41 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P): �p 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT @ 5 PERCENT: $ - CONTRACTORS BOND COST 0 $.018/1000 $ 18.33 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+B5) $ 1,240.48 JC CONSTRUCTORS, INC. CONTRACTOR NAME Jim Cox PRINTED NAME ON PROPOSAL Page 1, JCC SIGNATURE / DATE Jl. GUNb I KUL I UKS, INC. Change Proposal Request # RFI # 16 & 30 Date: 24 -Feb -10 Scope of change: Revise the size of the influent box to accommodate face mounted gates and deteriorated concrete 0 0 0 0 Description Quantity Unit Labor Material Hrs/Unit Hours $/Unit Cost Additional reinforcing 1.00 Is 3.00 3.00 420.20 $420 Additional saw cutting 1.00 Is 0.00 45.00 $45 Concrete 0.50 c s 1.00 0.50 100.00 $50 Epoxy 4.00 ea 1.00 4.00 45.00 $180 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 $0 0.00 1 $0 Hours 7.50 1 Mat'I $695 Page 3 JC Constructors Inc 1305 E Columbia Phone: 208-871-3479 Meridian, IDAHO 83642 TITLE: Post air influent box details PROJECT: Tertiary Filter Project TO: Attn: Perrin Robinson CH2M Hill REQUEST FOR INFORMATION No. 00030 DATE: 1/22/2010 JOB: 162 STARTED: COMPLETED: REQUIRED: 1/26/2010 During the submittal of the slide gates it was recognized that the slide gates should be face mounted to maintain the 2 foot width at gates 31.20.02 & 03. When we exposed the existing box the existing concrete column was severly cracked, the wall on the south side was cracked and the bottom of the existing south weir was cracked below the specified elevation. JC cut the concrete back to sound material. The two issues have changed the dimensions of the box and the rebar will need to be fabricated for the change in width and depth. Since the gates will be flush mounted the detail at the outboard attachment will need to be designed. The center column will increase in width from 6" to 12", please verify that the existing detail will work with the two vertical bars or will we need to add bar and hoops? 1/25/2010 -Perrin Robinson Provide additional reinforcing in center column as indicated on attached sketch. Please notify if there are additional questions. 1/25/2010 - Perrin Robinson For outer wall extensions to allow for installation of face mounted slide gates, provide #3 hoops at 12" O.C. reinforcing (see comment on sketch provided). Contractor to verify adequate wall extension to accept slide gates. Requested By:JC Constructors Inc Signed: Rob Guyott P"M" a Date: 1/22/2010 Page 7 of 1 JC Constructors Inc REQUEST FOR INFORMATION 130$ E Columbia Phone: 208-871-3479 No. 00.416 Mcridian, IDAHO 83642 TIME: Face mounted gates DATE: 7/8/2009 PROJECT: Tertiary Filter Project TO: Attn: Mike Lavey CH2M Hill Phone: 208-383-6452. JOB: 162 STARTED: COMPLETED: REQUIRED: 7/ 1. s/2009 `� ,,... ,. ice,« �'. �' Y:"✓ `.,s�bi' �f%,* During the review proces it was recognized that the gates 31:20.02 & 03 should be revised to a face mount design. This will affect the design of the inlet box and the concrete column between the two .gates. Sheet C40 shows existing distribution box and expected placement of 3 (1-36" wall mounted and 2-24" embedded) slide gates. Question above would tike to change the two embedded slide gates in the "common wall" to wall mounted type. Discussed at construction meeting, 7/23/2009 as follows: 1. After determining necessary. width. Contractor sawcut and remove existing wall to determined dimension (see sketch) and pour two exterior wings for right hand and left hand at box where smaller existing slide gates are now, located to '12" thick to match the center pier which is now 12" thick. 2. New bottom and three new sides of new box will be integrated into the remaining common all/pier. Retain and Protect existing 12" square pier. Design and complete dimensioning of new all comers (right hand and left hand openings) and conform to all details for wall reinforcing,wall connections., pipe collars, Opening Reinforcement. 3. New bottom to be.. constructed to allow bottom of slide gate frames to be "embedded" by blocking out bottom of box such that Invert of slide gates matches new proposed bottom of new box at elevation 2645..3. 4. Block out as required 36" FE line as it connects to box to allow invert of 2545.3. Delete use of standard detail at this connection (Number 4027-602) and use Standard Detail 0330-021 with seep ring on pipe segment installed in wall and meet requirements of Standard Detail 0330=001. for extra reinforcing around 36" FE line connection. Provide rubber gasket joint at 1'=0" (+/- 6") from exterior box wall. 5. Ensure that interior remaining 12" column vertical face and two new poured wall corners are plumb, true, smooth, and suitable to place new surface mounted slide gates and meet all testing requirements. See attached sketch Mike Lavey/CH2M HILL/7/2412009 Requested By:JC Constructors Inc Signed:. Rob Guyon Date: 7/8/2009 P'j.. 6 Papp f d l CH2MHILL sy 0 0 N Rob From: . Sent: To: Subject: Attachments: Ken Reglin [kreglin@harrisrebar.com) Monday, February 08, 2010 2:44 PM Rob Guyott FW: CHANGE ORDER Doc1.doc Sorry, didn't put enough "c's". Ken Reglin, Jr. President 2161 Lanark St. Meridian, ID 83642 Cell: 208-863-6605 Office: 208-888-0039 Fax: 208-888-1188 CONFIDENTIALITY NOTICE This e-mail contains confidential information which is the property of Harris Steel and affiliates (Harris), intended only=for the use of the intended recipient(s). Unauthorized use or disclosure of this information is prohibited. If you are not an intended recipient, please immediately notify Harris and destroy any copies of this email. Receipt of this e-mail shall not be deemed a waiver by Harris of any of its legal rights or the confidential nature of the information. From: Ken Reglin Sent: Monday, February 08, 2010 2:59 PM To: rob@jcboise.com Subject: CHANGE ORDER RFI #30 $430.00 Ken Reglin, Jr. President 0 � . 2161 Lanark St. Meridian, ID 83642 Cell: 208-863-6605 Office: 208-888-0039 ax: 208-888-1188 Ori9i.hal,- Not Negotiable Straight Bill of Lading. Short Form Name of Carrier CARRIER'S No. RECEIVED, subject to the classifications and tariffs in effect on the issue of the Bill of Lading. at 20 From s� jperty described below, in apparent ood order, except as noted (contents and conditions of contents of packages unknown), marked, consigned, and desl ccfarggr beeing understood throw howl t is contract as anin n rson or Corp rattion in pssessi of the ro over,afl or reste� in all oT any of said propeT�y tha every service �'opbe p2gi1`orrii9d hereunder s�all pe s�itect to a�rthe terr�is andrtcondibons o 4 pl�n ormf[?�omestiiceSt� Feight, Classification in effect on the date thereof, if this is a rail -water shipment or (2) in the applicable motor carrier classification or tariff if this is a motor carries he is familiar with all terms and conditions of the said bill of lading, including those on the back thereof, set forth, set forth in the classification or tariff which govei terms and conditions are hereby agreed to by the shipper and accepted for -himself and his assinna SHIP TO: JC CONSTRUCTORS MERIDIAN WWTP TEN MILE RD MERIDIAN, ID ROB 871-3479 Lading, or received,tsubject to the Rules or thtariffs Carrs in of Express and Non issue d tariffs in effect on the date of issue of this original Shipping Contract (bill of lading), c in apparent good order, except as noted (contents and conditions of contents of paca� consigi ned and destined as indicated below, which said Company agrees to carry to 's at said destination, if on its road, otherwise to deliver to another carrier on the route t JOB NO. DATE SHIPPED CARRIER 191R0509 Jan 26, 2010 HARRIS TRUCK B/L NO- 69105521 DESCRIPTION OF ARTICLES AND SPECIAL MARKS UNITS TAG C I SNW-14 ......BO REVISED POST AERATION BASIN 1, RFI 30 961 PERMANENT POST OFFICE ADDRESS OF SHIPPER HARRIS REBAR ABCO INC. 2161 EAST LANARK STREET MERIDIAN. IDAHO 83642 9611 Lbs AGENT PER: Z. SHIPPING ORDER AGENT MUST DETACH AND RETAIN THIS SHIPPING ORDER AND MUST SIGN THE ORIGINAL BILL OF LADING -EXPRESS SHIPPING CONTRACT Meridian City Council Meeting DATE: August 10, 2010 ITEM NUMBER: 4H PROJECT NUMBER: ITEM TITLE: Intergovernmental Memorandum of Understanding (MOU) with the City of Garden City for Use of Meridian Police Department Canine Holding Facility MEETING NOTES �WAV-ed CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS , _ +I � -1( ©rjgj nal 4-o SkLye ,--� INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING FOR USE OF MERIDIAN POLICE DEPARTMENT CANINE HOLDING FACILITY This INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING FOR USE OF THE MERIDIAN POLICE DEPARTMENT CANINE HOLDING FACILITY is made this 12 day of July , 2010 , by and between the City of Meridian, Idaho and Garden City Police Department AME OF GOVERNMENTAL AGENcy a governmental agency, for the purpose of establishing the mutually -understood and agreed rights, responsibilities, and conditions of such governmental agency's temporary use of the Meridian Police Department Canine Holding Facility. I. RECITALS WHEREAS, the City of Meridian owns and operates the Meridian Police Department Canine Holding Facility for the boarding and care of police dogs; and WHEREAS, the above-mentioned governmental agency has requested that the City of Meridian allow law enforcement officers employed by such agency to use the Meridian Police Department Canine Holding Facility for the boarding and care of its police dog(s) on a temporary basis; and WHEREAS, the City of Meridian has deemed it to be in the interest of its K-9 program to make the Meridian Police Department Canine Holding Facility available to other law enforcement agencies on a temporary basis, without charge and as space allows, so as to foster a spirit of cooperation and support of law enforcement K-9 programs throughout the state of Idaho and elsewhere; NOW THEREFORE, in consideration of the recitals set forth above, and the mutual terms, conditions, and covenants contained herein, the parties agree as follows. II. DEFINITIONS As used herein, these words shall be defined as follows: A. CITY: The City of Meridian, Idaho, municipal subdivision of the State of Idaho. B. EFFECTIVE DATE: The date upon which the respective governing bodies of the Parties hereto effectuate this MOU by a duly authorized signator. C. FACILITY: The Meridian Police Department Canine Holding Facility, owned by the City of Meridian and operated by the Meridian Police Department, and located at 1401 East Watertower Ave., Meridian, Idaho. D. GUEST: The governing board of the governmental agency signatory to this MOU who seeks to temporarily utilize the Facility for temporary boarding of its police dog(s), and each and all of such governing board's agents, elected or appointed officials, employees, volunteers, and/or officers who enter City premises for any purpose, including but not limited to: delivering police dog(s) to and/or removing police dog(s) from Facility; visiting, exercising, MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE I OF 6 .-•, feeding, watering, checking on, or caring for Guest's police dog(s) boarded at Facility; and/or entering or touring Facility for informational or educational purposes. E. MOU: The instant Intergovernmental Memorandum of Understanding for Use of Meridian Police Department Canine Holding Facility. F. MPD: The Meridian Police Department of the City of Meridian, Idaho. G. POLICE DOG: A canine owned, trained, and/or utilized by governmental law enforcement agencies for law enforcement purposes, including, but not limited to, patrol, apprehension, search, rescue, explosive, and drug detection. III. MPD's COMMITMENTS A. Reservation of space. MPD shall process requests for temporary boarding and use of the Facility in the order such requests are received. Upon Guest's verbal or written request to MPD for the use of the Facility, and so long as Facility space and MPD staffing resources are available, MPD shall reserve and allow the use of the Facility for the date(s), time(s), law enforcement officer(s), and police dog(s) as requested. B. Temporary access to Facility. The Facility is locked and secured at all times, and access thereto is limited. Pursuant to the terms of this MOU, MPD will provide to Guest means of ,...,� access to the Facility during the scheduled temporary use of the Facility. C. Facility control and maintenance. At all times, the Facility shall remain under the authority and control of MPD. Decisions regarding staffing, climate control, sanitation, maintenance, and access shall be made solely by MPD. MPD shall meet practicable standards of safety, security, and habitability. D. Boarding. Though Guest shall be required to check on a boarded police dog at the Facility at least twice daily, in Guest's absence and as authorized in advance, designated MPD canine law enforcement officers will feed, water, and exercise a boarded police dog, according to written instructions provided by Guest. E. Obtain necessary veterinary care. If a boarded police dog appears to be ill, injured, or exhibiting any other behavior that would reasonably suggest the dog may need medical treatment, MPD shall seek necessary veterinary examination and on behalf of Guest shall authorize and procure any treatment, surgery, medication, quarantine, or hospitalization that may be prescribed to treat the dog. IV. GUEST'S COMMITMENTS A. Procedures. Guest shall follow MPD procedures, policies, and protocols regarding use of the Facility at all times. B. Access. Guest's authority to access MPD and/or Facility shall be limited to the duration and scope of each scheduled temporary use. Upon Guest's departure from Facility, following each and every scheduled temporary use of Facility, Guest shall return to City any and all MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 2 OF 6 temporary badge(s), key(s), prox card(s), and/or other means of access to Facility. Guest's authority to access Facility is specific to the person(s) enumerated for each scheduled temporary use and shall be nontransferable. Guest shall not share access codes, badges, keys, prox cards and/or other means of access to Facility with any other person without City's prior written consent. Guest shall notify City immediately upon Guest's discovery of any loss, theft, or destruction of any code, badge, key, prox card, granted to Guest by MPD. C. Twice daily presence at Facility. Guest shall ensure that its law enforcement officer physically appears at Facility at least twice on each and every day that Guest's police dog is boarded at the Facility, for the purpose of feeding, watering, and exercising the boarded police dog, unless alternative advance arrangements have been authorized by MPD for designated MPD canine law enforcement officers to feed, water, and exercise the boarded police dog, according to written instructions provided by Guest. D. Health certification. Guest shall comply with all MPD canine health certification requirements as to all boarded police dogs. MPD may cancel a boarding reservation with no prior notice to Guest if Guest's police dog is infected with or has been exposed to rabies, parvovirus, distemper, kennel cough, or other infectious disease or illness within a thirty (30) day period prior to boarding at the Facility. E. Veterinary care authorized. Guest shall, and hereby does, authorize MPD to seek veterinary services, including examination, treatment, surgery, medication, quarantine, or hospitalization that may be necessary to treat the dog. Guest shall reimburse the City of Meridian, the treating veterinarian(s), and/or other service provider(s) for any and all costs related to veterinary care provided. F. Insurance. City shall not provide insurance or benefit coverage of any kind to cover loss, theft, injury, illness, death, or damage to Guest's police dog, agents, employees, or other person or property. Insurance of Guest, Guest's police dog(s), property, and/or interests shall be the sole responsibility of Guest. Guest shall obtain all necessary insurance as may be required in order to protect Guest's insurable interests as may be related to use of the Facility by Guest, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the police dog(s) to be boarded at the Facility. Guest shall bear any and all known and unknown risks of and actual, loss, theft, and/or damage related to use of the Facility by Guest. City may seek reimbursement from Guest for any damage to the Facility caused by Guest and/or Guest's police dog that exceeds reasonable wear and tear. V. GENERAL PROVISIONS A. Assumption of risk. Guest acknowledges that use of the Facility may carry risks of injury to, death of, damage to, and/or loss of Guest's police dog, or to other persons or dogs, some of which risks are unknown, and Guest hereby accepts and assumes all known and unknown risks and hazards related to Guest's use of the Facility. B. Indemnification. In consideration of permission from the City of Meridian to enter and use the Facility, Guest hereby agrees to indemnify, defend, and save and hold harmless the City of Meridian, its employees, agents, officers, volunteers, and guests from and against any and MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 3 OF 6 ,•-� all demands, suits, actions, claims, losses, judgments, damages, expenses, or costs, whether or not meritorious, including, without limitation, attorneys' or other professional fees, in conjunction with any injury, death, or damage to Guest's police dog boarded at Facility, to other police dogs boarded at Facility, and to other persons or property, arising out of, relating to, or caused or incurred by Guest and/or Guest's police dog, except for those resulting solely from the tortious conduct of City or City's agents or employees. C. Release of liability. Guest forever waives and releases, on behalf of the Guest and the agents, employees, heirs, executors, administrators, assigns, and/or personal representatives thereof, any and all claims and/or rights for damages that Guest or such other persons or entities now have or may have hereafter have against the City of Meridian and/or its employees, agents, officials, officers, volunteers, and guests, suffered in connection with or arising out of the use of the Facility. D. Term of MOU. Unless earlier terminated by either Party or modified in writing by both Parties, this MOU and all terms and conditions hereof shall be in effect for a term of one (1) year from the Effective Date, and shall renew automatically on an annual basis. E. Termination for cause. If City determines that Guest has failed to comply with any term or condition of this MOU, violated any covenant, agreement, and/or stipulation of this MOU, or engaged in any other act of misconduct in the performance of this MOU; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this MOU; the other Party shall have the right to terminate this MOU by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty (30) days after receipt of such notice to cure the default. If the default is not cured within such period, this MOU shall be terminated upon mailing of written notice of such termination by the terminating party in the manner established herein. This provision shall not impede the right of City to immediately eject Guest or Guest's police dog(s) from the Facility, and/or bar Guest or Guest's police dog(s) from further use of Facility, with no prior notice to Guest, where such ejection and/or bar is deemed by City to be in the best interest of City and/or MPD. Guest shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this MOU or by other cause precipitated by Guest and/or Guest's police dog(s). This provision shall survive the termination of this MOU. F. Termination without cause. Either party may terminate this MOU for any reason at any time by giving at least seven (7) days written notice to the other party in the matter established herein. G. Non -waiver. A waiver of any breach or default of any provision of this MOU shall not be construed as a waiver of a breach of the same or any other provision hereof. H. Relationship of Parties. It is the express intention of the parties hereto that Guest is, and at all times relevant hereunder shall be, an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this MOU shall be interpreted or construed as creating or establishing the relationship of employer and employee between City and Guest or between City and any official, agent, or employee of Guest. MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 4 OF 6 I. Compliance with laws. In the performance of this MOU, Guest shall comply with any and all applicable federal, state, and local laws. J. Entire agreement. This MOU constitutes the entire understanding between the Parties. This MOU supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this MOU may not be enlarged, modified or altered except upon written addendum signed by both parties hereto. K. MOU governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this MOU. Venue shall be in the courts of Ada County, Idaho. L. Advice of Attorney. Each party warrants and represents that in executing this MOU, it has received independent legal advice from its respective attorney and/or has received the opportunity to seek such advice. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this MOU is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this MOU shall not be affected. O. Successors and assigns. Except as otherwise specifically established herein, all of the terms, provisions, covenants and conditions of this MOU shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this MOU, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Guest: Name: Chief James L. Bensley Title: Chief of Police Address: 310 E. 50th St. Phone: E-mail: Garden City, ID 83714 208-472-2950 jlbensley@gardencitypolice.org Ci Jeff Lavey, Chief of Police City of Meridian Police Department 1401 E. Watertower Ave. Boise, Idaho 83642 (208) 888-6678 MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 5 OF 6 jlavey@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. Q. Approval required. This MOU shall not become effective until approved by the respective governing bodies of both the City of Meridian and Guest. IN WITNESS WHEREOF, the parties shall cause this MOU to be executed by their duly authorized officers to be effective as of the day and year first above written. GUEST: Garden City Police Department Signature: ��-�- Print name: John G. Evans Title: Mayor of Garden City Date: July 12, 2010 CITY OF MERIDIAN: BY: Tammy rd, Mayor Attest: OF M��q'L r�o , cee fl9man, City Clerk B]E,AL ,Com �p '9'o �T 1ST • �Z` �.: MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 6 OF 6 Meridian City Council Meeting DATE: Auqust 10, 2010 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: U.S. Census Recognition of City of Meridian's Efforts in 2010 Census MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Auqust 10, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Auqust 10, 2010 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Public Hearing: Proposed 2010 Meridian Parks and Recreation Department Fee Schedule MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO ' AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Tuesday, August 10, 2010, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding the 2010 Meridian Parks and Recreation Department Fee Schedule, including proposed new fees as set forth below. Further information regarding these fees, as well as the entire Parks & Recreation fee schedule, is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho; (208) 888-3579. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk no later than 48 hours prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Soccertots Development Program $98.00 Jump Jive Preschool Class $29.00 Woodworking for Kids $35.00 Creative Children's Dance: Ballet $38.00 Adult Aerobic and Dance Class $35.00 Photography for Mommies $50.00 Family Tang Soo Do $35.00 Building Blocks Lego Class $35.00 Christmas Crafts Preschool Class $24.00 Camp MerldaMoo Winter Edition 7:30-5:30 $75.00 Camp MerldaMoo Winter Edition 9:00-3:00 $60.00 Jewelry Class -Earrings $10.00 Belly Dancing $28.00 Jewelry Class -Pendants $20.00 Amplified Sound Permit annual $50.00 Centennial Park Picnic Shelter Rental $30.00 DATED this 20th day of July, 2010. JAYCEE PUBLISH on July 26, 2010 and August 2, 2010. Orr TF ; CITY CLERK? BEAL ,C5 o COUNTY • ���`��� '��i��n1n n������� Palley Times CITY OF MEKWUN �NOTJCK OF ?fJBtJC HEARING NOTICE IS IWXEBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the, State of Idaho, that the city Czaacil of the City of Meridian will hold a public hearing at COO p,m. on Tuesday, August 10, 2010, at Meridian City WL 33 East Broadway Avenue, Meridian, Idaho, regarding the 2010 Meridian Parks and Recreation Department Fee SchaihiK including proposed new fees as set forth below. Further information regarding these fees, as well as the entire Parks & Recreation fee schedule, is available at the Parks & Recreation Department at Meridian City Hail, 93 East Broadway Avenue, Meridian, Idaho; (208) $88-3579. Any and all interested persons shall be heard at the public hewing. Written testimony is welcome; written materials should be submitted to the City Clerk no later than 48 hours prior to the public hearing. AD testimony and matcrinIs, presented shall become property of the City ofMtridiam For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) $88-4433 at least 48 hours prior to the public lkiwiri& Sotxartols Devel proararn '00 Ju Jive Preschool —Gari _ ..00 Woodwnrki tor Kids.00 — Crest _ Ballet $38.00 &A,&# A.—N, and Dance C12M $36.00 Phot ra h for Molting" $50.00 Fami T Soo Do 58.00 Buidin Blocks L Class -- Christmas Craft Preach -q-1 M—it $24.00 C MerldaMoo Winter Erktim 17:30.6;301 $75.00 C MerldaMon Winter Pdifinn 10,00-3,001 $60,D0 Jewel Class-Earri $10.00 Belt Dancin 8.00 Jewel Class -Pendants $20.0 Am lifiad Sound Penret annual L_C__r�r_qw_Park Pqn ShellarRental ___ $50.00 DATED this 20th day Of July, 2010. pUgUSH on jaly 26, 2010 and August 2, 2010. CITY Valley Times CITY OF MERIDIAN NOTICE OF PILTBLIC HEARING NOTICE IS HEREBY GIVEN Pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council Of the City of Meridian will hold a public hearing at 6:00 p.m. on Tuesday, August 10, 2010, at Meridian City Hall, 33 East Broad -way Avenue, Meridian, Idaho, regarding the 2010 Meridian Parks and Recreation Department Fee Schedule, including Proposed new fees as set forth below. Further information regarding these fees, as well as the entire Parks & Recreation fee schedule, is available at the Parks, & Recreation Department At Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, (208) 888-3579. Any and sit interested persons shall be heard at the public hewing. Written testimony is welcome-, written materials should be submitted to the City Clark no later Than 49 hours prior 10 the public hewing. All testimony and materials presented shell become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (209) 89SA433 at least 49 hours prior to the public hearing. DATED this 20th day of July, 2010. of: SICAL PUBLISH on July 26.2010 and August 2, 20t0. �O ! CbmV - '00 Ju .rep Jtve Prexhcw€ Class $29,00 W ifor Kids $35,00 Creab $38 -DD Aerobic and Dance Claw $36,00 Ph . o raphe for Momm es 58.00 T1!y_ $35,00 Buildin Blocks -L Class 00 Christmas Preschool Class $24,00 Camp Winter Edition (7:30-6:30) 75-00 Cam �Edibr�n 3:00 .00 Jewel Class-Estrin10.00 Sol Dancin .00 Jewel class -pendants $20.00 A rifled Sound Parmft annual $60,001 Centennial Park Picn c Sheher RatYal $30, 00 DATED this 20th day of July, 2010. of: SICAL PUBLISH on July 26.2010 and August 2, 20t0. �O ! CbmV - CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE August 10, 2010 ITEM # 7A PROJECT NUMBER _8 Proposed 2010 Meridian Parks and Recreation PROJECT NAME Department Fee Schedule I PLEASE PRINT NAME I FOR I AGAINST I NEUTRAL) Q CITY OF CITY CLE Meridian City Council Meeting DATE: Auaust 10, 2010 ITEM TITLE: ITEM NUMBER: 1 PROJECT NUMBER: AMENDED ONTO THE AGENDA DURING ADOPTION: Resolution No. 10 - 735 : A Resolution Adopting Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing and Effective Date MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STA SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS p �-7-77 S?V�eadSkc& U[*WA F-11 9 -L-A CITY OF MERIDIAN RESOLUTION NO. i o - -135 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-131 IA, on August 10, 2010, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2010. ADOPTED by the City Council of the City of Meridian, Idaho this 10th day of August, APPROVED by the Mayor of the City of Meridian, Idaho, this 10th day of August, 2010. y dr APPROVED: Mayor ATTEST: TFa Aa"� A - o�' cee H an, City Clerk °j �J 9� Gsr iso .1 q COUNTY ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS RECREATION DEPARTMENT PAGE 1 OF 1 EXHIBIT A FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT Meridian Parks and Recreation 2010 Fee Schedule = Denotes fee change/addition/removal Activity Current Fee Proposed Fee % Change Volleyball Competative (Men's, Women's, Co -Ed) Team Fee (10 games + tournament) $180.00 Resident Player Fee $10.00 Non -Resident Player Fee $20.00 Late Fee $30.00 Basketball Men's, Women's, Men's Over 40 Team Fee (10 games + tournament) $475.00 Resident Player Fee $10.00 Non -Resident Player Fee $20.00 Late Fee $50.00 Spring Softball Men's, Women's, Co -Ed Team Fee (10 games + tournament) $450.00 Resident Player Fee $10.00 Non -Resident Player Fee $20.00 Late Fee $50.00 Fall Softball Men's, Women's, Co -Ed Team Fee (8 games) $220.00 Resident Player Fee $10.00 Non -Resident Player Fee $20.00 ASA Fee (if team is not already registered) $12.00 Late Fee $50.00 Softball Tournaments Co -Ed Softball Tournament Team Fee (One -pitch Fall Classic) $185.00 Girls Fastpitch Entry Fee $350.00 Field Rental for tournament (per hour) $5.00 Field Prep for tournaments (per hour) $15.00 Co -Ed Softball Tournament Team Fee N/A $225.00 New Girl's Spring Fastpitch Softball (U1O, U12, U14, U16, U18) Team Fee (ASA Fee not included) $420.00 Late Fee (per team) $50.00 Girl's Fall Fastpitch Softball (U10, U12, U14, U16, U18) Team Fee (8 games) $220.00 MPR Fee Schedule 8/10/10 Activity Current Fee Proposed Fee % Change Resident Player Fee $10.00 Non -Resident Player Fee $20.00 Late Fee (per team) $30.00 Men's Fastpitch Softball Men's Fast Pitch Tournament -Team Fee N/A $250.00 New Dodgeball (Co -Ed, Open) Team Fee (8 games + tournament) $150.00 Resident Player Fee 10.00 Non -Resident Player Fee $20.00 Late Fee (per team) $30.00 Flag Football (Men's, Women's Co -Ed) Team Fee (10 games + tournament) $375.00 Resident Player Fee $10.00 Non -Resident Player Fee $20.00 Late Fee (per team) $50.00 MPR Fee Schedule 8/10/10 Activity Current Fee Proposed Fee % Change Shelter Fees: Extra Picnic Tables $3.00 Alcohol Permit (5 hr. time block) $20.00 Amus. Equip./Lrg Canopies (5 hr time block per item) $10.00 Amplified Sound Permit (per day) $20.00 Short Term Concessions Permit (per day) $10.00 Short Term Concessions Permit (annual) $100.00 Storey Park (Blue & Green Shelter) Shelter Rental (1-50 people) $30.00 Shelter Rental (51-100 people) $45.00 Shelter Rental (10 1 -150 people) $60.00 Shelter Rental (151-200 people) $75.00 Softball Field Rental (per hour) $10.00 Softball Field Lights (per hour) $15.00 Volleyball Equipment (5 hr time block blue shelter only) $10.00 Tully Park Small Shelter Rental (1-50 people) $30.00 Large Shelter Rental (1-150 people) $60.00 Large Shelter Rental (151-200 people) $75.00 Large Shelter Rental (201-250 people) $90.00 Large Shelter Rental (251-300 people) $105.00 Softball Field Rental (per hour) $10.00 Volleyball Equipment (5 hr time block large shelter only) $10.00 Multi-Use Fiend Rental (per hour) $10.00 Chateau Park Shelter Rental (1-30 people) $30.00 Multi-Use Field Rental (per hour) $10.00 Settlers Park Shelter Rental (1-50 people) $30.00 Shelter Rental (51-100 people) $45.00 Shelter Rental (101-150 people) $60.00 Shelter Rental (151-200 people) $75.00 Multi-Use Field Rental (per hour) $10.00 Baseball/Softball Field Rental (per hour) $10.00 Heroes Park Shelter Rental (1-50 people) $30.00 Shelter Rental (51-100 people) $45.00 Shelter Rental (101-150 people) $60.00 Shelter Rental (151-200 people) $75.00 Shelter Rental (201-250 people) $90.00 Shelter Rental (251-300 people) $105.00 Multi-Use Field Rental $10.00 MPR Fee Schedule 8/10/10 Activity Current Fee Proposed Fee % Change Seasons Park Shelter Rental (1-30 people) $30.00 Multi -Use Field Rental (per hour) $10.00 Gordon Harris Park Shelter Rental (1-50 people) $30.00 Shelter Rental (51-100 people) $45.00 Multi -Use Field Rental (per hour) $10.00 Bear Creek Park Shelter Rental (1-50 people) $30.00 Shelter Rental (51-100 peoplee) $45.00 Softball Field Rental (per hour) $10.00 Multi -Use Field Rental (per hour) $10.00 Champion Park Shelter Rental (1-30 people) $30.00 Multi -Use Field Rental (per hour) $10.00 Renaissance Park Shelter Rental (1-30 people) $30.00 Multi -Use Field Rental (per hour) $10.00 Jabil Park Multi -Use Field Rental (per hour) $10.00 Hertiage Middle School Ball Fields Softball Field Rental (per hour) $10.00 Special Events Meridian Barn Sour 1 Mile Fun Run $10.00 6k/10k Run $20.00 1 Mile Fun Run Late Registration $15.00 600k Run Late Registration $25.00 Boise Hawks Family Night $10.00 Meridian Christmas Street Faire Vendor Fee (10'x10' or smaller) $25.00 Vendor Fee (larger than 10'x10') $50.00 MPR Fee Schedule 8/10/10 Activity Current Fee Proposed Fee % Change Camps Camp MerldaMoo (1 wk 7:30-5:30) Camp MerldaMoo (1 wk 9:00-3:00) $94.00 $74.00 Sports Camps Outdoor Adventure Camp $39.00 $160.00 Winter Adventure Camp $96.00 Christmas Art Camp $45.00 Whitewater Sampler Camp $395.00 Kayak Skills Development Camp $495.00 Jump Rope Camp Camp MerldaMoo Winter Edition (7:30-5:30) Camp MerldaMoo Winter Edition (9:00-3:00) $39.00 $65.00 $55.00 $75.00 $60.00 15% 9% Camp MerldaMoo Spring Break (7:30-5:30) $84.00 Camp MerldaMoo Spring Break (9:00-3:00) $64.00 Bogus Basin Mountain Discovery Camp $140.00 Babysitting Boot Camp $40.00 Teen Belly Dance Camp $50.00 Activity Guide Classes Jewelry Class -Earrings Belly dancing Jewlery Class -Pendants $15.00 $26.00 $15.00 $10.00 $28.00 $20.00 -33% 8% 33% Soccertots Development Program N/A $98.00 NEW Jump Jive Preschool Class Woodworking for Kids N/A N/A $29.00 $35.00 NEW NEW Creative Childrens Dance:Ballet N/A $38.00 NEW Adult Aerobic and Dance Class N/A $35.00 NEW Photography for Mommies N/A $50.00 NEW Family Tang Soo Do N/A $35.00 NEW Building Blocks Lego Class N/A $35.00 NEW Christmas Crafts Preschool Class N/A $24.00 NEW Adult Golf $50.00 Adult Watercolor $49.00 MPR Fee Schedule 8/10/10 Activity Current Fee Proposed Fee % Change Amazing Athletes $50.00 Art Academy Saturday Class $45.00 Awash in Watercolor $149.00 Ballroom Dance Classes $25.00 Beginning Jewlery Making -Youth Beginning Modeling $47.00 $65.00 Beginning Piano $100.00 Capturing the Light in Floral Still Life $65.00 Complying with Contractor Registration law $15.00 Composition in Landscape $75.00 Creative Beading & Jewelry Making $56.00 Crochet Basics $20.00 Drawing Floral Arrangements $65.00 Drawing for Comic Books $45.00 Drawing for Painters $75.00 MPR Fee Schedule 8/10/10 Meridian City Council Meeting DATE• August 10, 2010 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Close Public Hearing and Comment Period on PY2010 Community Development Block Grant (CDBG) Action Plan That Began on June 22, 2010 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS August 5, 2010 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Lori Den Hartog, CDBG Administrator RE: Program Year 2010 (PY2010) CDBG Action Plan Public Hearing and Adoption August 10, 2010 City Council Agenda Item A. INTRODUCTION & BACKGROUND The City's CDBG entitlement for PY2010 is $274,368. In order to secure this entitlement, the City must submit an adopted Action Plan for HUD review. The draft Action Plan was released for public review and comment on June 22, 2010, and is now up for consideration. The deadline for submittal of an adopted plan to HUD is August 17. B. UPDATE Based on comments received by Neighborhood Housing Services, Inc. staff has made minor changes to the document to correctly identify that NHS Lending, Inc., a wholly owned subsidiary of Neighborhood Housing Services, will be the entity directly assisting low/moderate income households to purchase homes. The Meridian Food Bank submitted an e-mail correspondence in support of the PY2010 Action Plan. The Action Plan has been modified to note these comments. Staff has also made minor clerical corrections to the document to consistently reference PY2010. C. REQUEST 1. To close the public hearing on the draft PY2010 CDBG Action Plan. 2. To approve the PY2010 CDBG Action Plan. Based on this direction, staff will prepare an adopting resolution for Council's consideration on next week's consent agenda (August 17, 2010). Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 DL....... -...0 00. _ C-... -0 000 Co-, - ...............:.I:- +....... Page 2 Attachment 1: Neighborhood Housing Services E-mail From: Lupe Rodriguez [mailto:lrodriguez@nhsid.org] Sent: Tuesday, June 22, 2010 9:12 AM To: Matthew Ellsworth Subject: RE: Meridian CDBG Action Plan Good morning Matthew, The Action Plan looks great. I have noted a few questions below: Please see attached to confirm that the LMI income will be based on the attached income Limits set by HUD? For example on the first line for Boise City -Nampa, ID HMFA, 4 person household may not earn more than $49,500 to participate in the CDBG Grant? I haven't looked at the new thresholds, but I think the ones in the attached are correct, and if so you are reading it the way we interpret it. We can confirm the correct income determination when we get closer to initiating the program (presumably in October). On the Action Plan, page 9, Resources section, first paragraph; "Some resources may be directly leveraged to help fund CDBG eligible activities, in which case all HUD regulations and requirements regarding matching will be satisfied. While other resources may not be able to contribute directly toward CDBG-eligible activities, they may be able to provide assistance to related support programs. These leveraged funds will be tracked and documented as part of the compliance monitoring process." Will we be required to obtain matching funds of $20,000 from any of the Federal, State or other local resources indicated on pages 9 and 10? No — no match is required. Will the loan structure of obtaining an IHFA, 80% first conventional, Fannie Mae loan and utilizing Neighborhood Housing Services to obtain the remainder of the 20% after the CDBG grant is taken into consideration be the exception to the matching funds or be considered one and the same? For example IHFA is indicated on page 9 as being a State resource, Fannie Mae a Federal Resource and Neighborhood Housing Services on page 10 a Local resource. All 3 resources are being used as leveraged funds. The City is required to identify potential partners and resources as part of every Action Plan. Our first plan identified everyone on page 9 and 10 as possible partners (and, to be honest, I've cut and pasted that page in subsequent plans...), but we are not currently leveraging any funds from anyone listed at this time. On the Action Plan, page 23, Appendix B.1, DH2.2; 1 is noted as the expected Number for 2010 and 2 is noted for 2011. Page 5, Priority #2 also mentions assistance of 4 low/moderate income households. Page 26, Appendix B.2, Homeowner Goals (sec. 215 Only) indicates Homebuyer Assistance at 4 and Total Sec. 215 Affordable Owner at 4. Under Combined Rental and Owner Goals (Sec. 215 Only), pages 26 & 27, indicates Homebuyer Assistance at 4 and the Combined Total Sec. 215 Goals " at 4. Page 27, Overall Housing Goals (Sec.215 + Other Affordable Housing) indicates 4 Annual Owner Housing Goal and 4 Total Overall Housing Goal. Pages 29 & 30 for both ACHA and Neighborhood Housing Services, Inc. is indicated that 4 Annual Units for each. Based on the above paragraph I have interpreted the Action Plan to have both ACHA and Neighborhood Housing Services, Inc. to obtain a total of 4 combined Homeowner's, but the last 2 pages I interpreted 4 for each. My conclusion would be 4 for each. Am I interpreting this correctly? I was out of the office for the bulk of last week and extremely pressed to get the draft out for public review. I wanted to make sure the draft included the activities the City proposes to invest in so that the public can weigh in. We can nail down exactly what that looks like sometime this month, before we finalize the draft (i.e. NHS comments can dictate to the City how many households you can assist with Page 3 this or that amount of money. Right now, the draft awards $20,000, but you can request more if you would like). Page 9, Resources, first paragraph mentions "The City may consider additional partnerships with Meridian Development Corporation (MDC) to leverage available resources and achieve maximum results." May you give me an example of what MDC is able to do to leverage and if they will have their leveraging source available once a final decision on the funding has been determined? That probably carried over from last year's draft... It is something I'll have to clean up before finalizing the Plan... Neighborhood Housing Services, Inc. has 2 entities, one being Neighborhood Housing Services, Inc and the other being NHS Lending, Inc. May you show the Project title NHS Lending, Inc. on page 30 if we are allowed to remain in the plan? NHS Lending, Inc. is a wholly owned subsidiary of Neighborhood Housing Services, Inc. Yes — we can nail that down before finalizing the Plan as well. The Council meeting begins at 7:00. How long does it usually last? Do you recommend that I attend the whole meeting? From what I recall this is an early agenda item. There's no need for you to attend after you provide comment, but you're welcome to if you'd like. Thank you, Lupe Rodriguez Mortgage Lending Manager, NMLS #82205 Neighborhood Housing Services Inc 1401 Shoreline Drive P O Box 8223 Boise Idaho 83707 Phone 208.343.4065 ext 110 Fax 208.343.4963 Cell 208.283.3611 lrodriguez(a,nhsid.org www.nhsid.org This message (including attachments, if any) is confidential, may be privileged and is intended for the above-named recipient(s) only. If you are not the intended recipient of this message please notify me by return email and delete this message from your system. Any unauthorized use or disclosure of this message is strictly prohibited. Page 4 Attachment 2: Meridian Food Bank E-mail From: Dan Clark [mailto:DClark@valleyshepherd.org] Sent: Tuesday, July 27, 2010 5:29 PM To: C. Caleb Hood Subject: 2010 CBDG Greetings Caleb: I want to take this opportunity to tell you how much the Meridian Food Bank appreciates what you, Matt, the Planning Department, and the City of Meridian, in general, has done in support of our efforts to feed those in need. The funds we have received from the CDBG (grants) have allowed us to purchase food to keep us going when other donations didn't arrive. It has been a great partnership. I just want to share with you a few notes and statistics to bring you up to date on what the food bank is doing at present. Each month we provide food baskets to an average of 3,200 people from Meridian and the surrounding areas. As of the end of June this year, we have served nearly 19,000 people with nearly 155,000 pounds of food. These numbers are well on a path to exceed last year within the next three months. If the trend with the economy continues, we anticipate the Back Pack Program will be providing back packs for over 200 students per week within the Meridian School District. We are constantly on the look out for the type of food that will fit in back packs as well as provide healthy meals for a good price. This is sometimes a challenge and a little expensive. But our goal is to give the students the best meal we can. Again Caleb, I want to thank you for the support we have received from you and the City of Meridian. If I can be of any help in your efforts with the 2010 CDBG, please let me know. Sincerely Dan Clark Chairman Meridian Food Bank CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE August 10, 2010 ITEM # bLl PROJECT NUMBER Close Public Hearing and Comment Period on PY2010 Community Development Block Grant PROJECT NAME (CDBG) Action Plan that Began on June 22, 2010 PLEASE PRINT NAME FOR I AGAINST NEUTRAL R ECEIVEn AUG 10 2010 CITY OF Meridian City Council Meeting DATE: August 10, 2010 ITEM NUMBER: 7C ITEM TITLE: PROJECT NUMBER: Development Block Grant (CDBG) Action Plan Adoption MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS IIDIAN;IDAHO August 11, 2010 Doug Carlson Director, Community Planning and Development U.S. Department of Housing and Urban Development 400 Southwest Sixth Avenue, Suite 700 Portland, OR 97204-1632 Dear Mr. Carlson: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Enclosed please find the City of Meridian's Program Year 2010 Community Development Block Grant Action Plan. The plan was adopted by the Meridian City Council at the August 10, 2010 City Council meeting. Please let the City know if you have any questions, or if further clarification is needed. All questions can be directed to Lori Den Hartog, CDBG Administrator, at ldenhartog�meridiancity.org, or by phone at 208-884-5533. Thank you and we look forward to working with you and your staff in the upcoming program year. mayor Planning Department • 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2010 ACTION PLAN CITY OF 33 East Broadway Avenue Meridian, ID 83642 208/888-4433 Upon request, this document will be provided in a format accessible to persons with disabilities and/or persons with limited English proficiency. The City of Meridian prohibits discrimination on the basis of race, color, sex, religion, national origin, handicap, or familial status. City of Meridian, Idaho 2010 Action Plan TABLE .v� ..h.'Vk.�.w ..::\M�?:b^\;a.�,... \V..\r...,,.. \'�`�\t^e..Fl:,;�@., �.�3.r<,.:.'is\ `...aa�,r�� �? �:<.r.\.?` ,�`a�\J. '.,r y..� �. - a: a>� rr.0`.A�a Y.',�k� ;.., + :. �e .,--,\'\\.. a • ;_ ,, . ,... a ..r. � _ t..+ :, .;. :.� .� _.m,. �< +> �;u e;, CITY OF MERIDIAN, IDAHO 2010 ACTION PLAN SECTION PAGE Introduction 1 rr .�rrr 1. Purpose of this Document 1 2. City of Meridian CDBG Program Mission Statement 1 3. Consolidated Plan 1 4. Action Plan 1 5. CAPER 2 6. Submittal to HUD 2 Executive Summary 3 1. Summary of PY2010 Objectives and Outcomes 4 2. Evaluation of the City's Past Performance 7 3. Summary of the Citizen Participation Process 7 A. Participation 7 B. Public Meetings 8 C. Access to Information 8 D. PY10 Process 8 E. Efforts to Broaden Public Particip ` a � 9 4. Summary of Public Comments 9 5. Summary of Comments not Accepted . 9 Resources 14 1. Federal, State, and Local Resources 10 Objectives, Activities, & Measures 12 1. Suitable Living Environment 12 2. Affordable Housing 12 3. Planning & Administration 13 Geographic Distribution 14 Additional R. uirements 15 1. Affordable Housing 15 2. Public Housing 15 3. Homelessness and Other Special Needs 15 4. Barriers to Affordable Housing 15 5. Other Actions 16 Program Specific Re uirements 17 1. PY2010 CDBG Activities to Benefit LMI Persons 17 Monitoring 18 Appendices Appendix A: Maps 19 Appendix B: Tables 23 Appendix C: Certifications 35 Appendix D: SF 424 47 Appendix E: Proof of Publication 56 City of Meridian, Idaho 2010 Action Plan %�L 2010 Proaram Year Action Plan Introduction 1. Purpose of this Document The City of Meridian is a designated entitlement community by the U.S. Department of Housing and Urban Development (HUD). This designation allows the City to receive funds from HUD's Community Development Block Grant (CBDG) Program. The 2010 program year will mark the City's fourth year as an entitlement community. Federal regulations (24 CFR § 91.200(a) and 91.220) require the City to submit an action plan each year that describes how CDBG funds will be invested in the community. The 2010 Action Plan was developed with a strong emphasis on community input, following the Citizen Participation Plan set forth in Meridian's 2007 - 2011 Consolidated Plan. Through this planning effort, the City has prepared the following strategy, which will guide program expenditures over the next Program Year (PY); October 1, 2010 through September 30, 2011. 2. City of Meridian CDBG Program Mission Statement In accordance with the overarching goals of the CDBG program, as set forth in 24 CFR § 91.1(a)(1), the City's mission is to utilize CDBG funding to develop viable urban communities by providing decent housing, providing a suitable living environment, and expanding economic opportunities principally for low/moderate income (LMI) persons. The City's primary means toward this end shall be to extend and strengthen partnerships among all levels of government and the private sector, including for-profit and non-profit organizations, in the production and operation of affordable housing. 3. Consolidated Plan A consolidated plan must be submitted every three to five years to receive federal CDBG funds. The Consolidated Plan typically results from a collaborative process where a community can scrutinize its current situation and establish a unified vision for community development actions. The City of Meridian's Consolidated Plan spans program years 2007 through 2011 and addresses the community's most critical housing and community development needs. The City will begin updating the Consolidated Plan in Program Year 2010. 4. Action Plan For every year identified in the Consolidated Plan, the City of Meridian is required to prepare a one-year Action Plan to notify citizens and HUD officials of the City's intended actions. to occur during that specific year. 'The PY2010 Action Plan identifies the objectives the City hopes to achieve from October 1, 2010 through September 30, 2011, and outlines the activities the City will undertake to achieve those objectives. City of 'NIeridian, Idaho 2010 Action. Plan. 5. CAPER At the end of each program year, the City of Meridian prepares a Consolidated Annual Performance and Evaluation Report (CAPER) to provide information to its constituents and HUD about that year's accomplishments. This information allows HUD, city officials, and the general public to evaluate the City's performance and determine whether the activities undertaken during the year helped to (1) meet the City's five-year goals and (2) address priority needs identified in the Consolidated Plan and the Annual Action Plan. This annual performance report, prepared with public review and comment, is submitted to HUD annually no later than December 31. 6. Submittal to HUD In compliance with 24 CFR § 91.15(a), and in order to maintain continuity in its program and provide accountability to citizens, the City shall submit this action plan no later than August 16, 2010. The City shall submit on an annual basis a summary of its citizen participation and consultation process, an annual action plan, and all required certifications. At least every five years, the City shall submit a housing and homeless needs assessment, market analysis and strategic plan. Cit -,,,T of Meridian, Idaho 2010 Action Plan 2 Executive Summary As an Entitlement Community, the City of Meridian receives CDBG funds each year from the U.S. Department of Housing and Urban Development. Program Year 2010 (PY10) funding for the City of Meridian is anticipated in the amount of $274,368.00. Funds will be used to address priorities within the HUD performance measurement system to: (1) create a suitable living environment, (2) provide decent housing, and (3) create economic opportunities for the community. Non -administrative activities planned in PY10 focus entirely on LMI beneficiaries. Meridian will invest CDBG funds in a public facility project in an LMI neighborhoods, homeownership assistance, and public services. The public facility project is construction of a multi -use pathway along Five Mile Creek from Fairview Avenue to Pine Avenue (within Census Tract 010321, Block Group 1). Public service assistance will be provided through the Meridian Food Bank. Homeownership Assistance will be undertaken by two area service providers; Ada County Housing Authority and Neighborhood Housing Services. In addition, the City will update its Consolidated Plan during the upcoming Program Year. Table 1 provides a general summary of activities planned in PY 10. Table 1: Summary of Activitv and Categorical Expenditures Clov, of Meridian, Idaho r ' Categorical Categorical Cat &. ActiVity Active Total Total Percentage Administration & Planning $549368.00 TOTAL $549368.00 20% Suitable Luring Environment Pu,bbc FaWifies Fie Mile Creek Pathway 1201000.00 44% .Public Services Meridian Food Bank $40,000.00 181'/0 TOTAL 180 000. 58 Affordable Housing Homeownership Assistance $60,000.00 TOTAL $60,000.00 2 SUBTOTAL $274,36-8.00 1000/10 Clov, of Meridian, Idaho r ' 1. Summary of PY 2010 Objectives and Outcomes In Program Year 2010, the City will invest CDBG funds according to the following priorities. Priority explanations, with rationale for their selection and relative order, follow each: • PY10 Priority #1: Suitable Living Environment ($160,000.00) In the 2010 Program Year, the City will focus on Availability/Accessibility of Suitable Living Environments in LMI neighborhoods with a Public Facilities activity. The City designed the Five Mile Creek Pathway, Segment H.1, which runs between Pine Avenue and Fairview Avenue, in Program Year 2009. The City plans to begin construction of this pathway in Program Year 2010. The project will create a recreational and alternative transportation amenity in LMI Census Tract 101321, Block Group 2. The City will devote $120,000 toward construction of the pathway in PY2010. The City will also work toward Sustainability of Suitable Living Environments by investing CDBG funds in Public Service activities at the Meridian Food Bank. The Food Bank has experienced an increase in demand due to the recession, and CDBG assistance will help allow them to continue providing food to area residents in need. The Food Bank will receive $40,000 this Program Year. • PY10 Priority #2: Affordable Housing ($60,000.00) The City will continue its partnership with Ada County Housing Authority (ACHA) in PY2010. ACHA will receive $40,000 this Program Year to provide down payment and closing cost assistance to eligible homebuyers identified through the Housing Choice Voucher (Section 8) Program, thereby contributing to Affordablity of Decent Housing. In addition, the City will provide funds to NHS Lending, Inc. a wholly owned subsidiary of Neighborhood Housing Services (NHS) to grant down payment, closing cost, and related assistance to eligible LMI homebuyers who are not currently receiving Section 8 assistance. This will broaden homeownership opportunities for a different segment of Meridian's LMI population. NHS will receive $20,000 in PY2010. • PY10 Priority #3: Planning & Administration ($54,368.00) In addition to keeping the Program moving forward during PY2010, the City will also begin updating its five-year Consolidated Plan. As part of this effort, the City will likely invest Planning/Administration funds in preparing a housing market analysis, updating the Analysis of Impediments to Fair Housing, and other related activities . Table 2: Summary of Expenditures by Priority PY2 10 Priority Fonds Allocated Percent of PY10 Fonds Allocate Suitable Living Environment $1603000.00 58% Public Facilities $1201000.,00 " Public ;services $403000.00 15% Affordable Housing $60,000.00 22% Planning & Administration $547368.00 20% TOTAL, $274s368.00 8.0 i0'f✓ iit City, of Median, Idaho 2010 fiction Pian 4 A summary of anticipated outcomes within these priorities and objectives is as follows: PY10 Priority #1: Suitable Liviniz Environment $160,000.00 OBJECTIVE SLI. I : OUTCOMES: Invest in public facility projects that help create a suitable living environment in LMI neighborhoods. • Five Mile Creek Pathway, Segment H.1: Begin construction of a multi -use pathway along Five Mile Creek. ($120,000.00) Availability/Accessibility of Suitable Living Environment. Create one public facility amenity that will benefit a Census Block Group with a population of 910 residents, 525 of which are LMI. OBJECTIVE SL3.3: Support public service activities that benefit presumed and document LMI residents on both an area and clientele basis. Meridian Food Bank: CDBG funding will assist the Meridian Food Bank in purchasing equipment and supplies related to their primary function; providing food to individuals and families in need. ($40,000.00) OUTCOMES: Sustainability of Suitable Living Environment. • Provide up to 600 units of service to Meridian residents in need. PY10 Priority #2: Affordable Housing $60,000.00 OBJECTIVE DH2.2: Expand homeownership opportunities for low -moderate income individuals and families. OUTCOMES: Affordability of Decent Housing. Assist up to four low/moderate income households identified through the Housing Choice Voucher Program to purchase homes in Meridian (Ada County Housing Authority, $40,000.00). Assist low/moderate income households (that are not receiving assistance through the Housing Choice Voucher Program) to purchase homes in Meridian (Neighborhood Housing Services, $201000.00). PY10 Priority #3: Planning & Administration $54,368.00 OBJECTIVE: Efficiently administer the City's CDBG Program and plan for successful activities and beneficial outcomes in the future. OUTCOMES: A well organized, compliant, and beneficial CDBG Program. • Maintain compliance with all applicable federal, state, and local regulations. • Develop an updated Consolidated Plan to guide the City's Program. • Complete proposed activities to benefit the community. C ;'t of Meridian, Idaho J ,-)010 Action Plan Should any of the proposed activities not move forward, the City will pursue the following "fall- back" activity(s) during the upcoming Program Year: PY10 Priority #1: Suitable Living Environment $115,000.00 OBJECTIVE SLI. I: City of Meridian,, Idaho 2010 Action Plan Invest in public facility projects that help create a suitable living environment in LMI neighborhoods. • Infrastructure replacement in LMI area. Specific segments include (1) NW 11th Street, W. State Street to W. Camelia Lane (water line design, $35,000.00); (2) NE 51h Street, E. Pine Avenue to E. Carlton Avenue (water line design, $35,000.00); and 81h Street, Broadway Avenue to Cherry Lane (sewer trunk line design, $45,000.00). These three infrastructure activities are anticipated for construction with local funds in the next few years. ($115,000.00 for design) 2. Evaluation of the City's Past Performance The City has successfully applied for and received the following CDBG grants through both the Idaho CDBG Small Cities Program and as an Entitlement Community. Awarded Amount Proj ect Status 1985 $272,697 Revolving Loan Fund Closed Out 1985 $4,388 Renovate Senior Center Closed Out 1987 $51000 Renovate Senior Center Closed Out 1988 $40000 Public Infrastructure Closed Out 1991 $4001000 Downtown Revitalization Closed Out 1995 $5200 Renovate Senior Center Closed Out 2004 $1001000 Renovate Senior Center Closed Out 2006 $521900 Renovate Senior Center Closed Out 2006 $2501000 Job Creation Closed Out 2007 $230,544 CDBG Entitlement Processing 2008 $237,775 CDBG Entitlement Processing 2009 $249,947 CDBG Entitlement Processing 3. Summary of the Citizen Participation Process The City of Meridian employs a comprehensive citizen participation process for all CDBG projects and activities. The City solicits input from Meridian residents in all phases of its Community Development efforts, from the initial planning and project/program implementation to reporting and assessing accomplishments/outcomes. This process fosters the open and inclusive identification of needs and delivery of services to City residents. It also helps to ensure that the overall direction of the CDBG program is (1) consistent with residents' expectations and (2) responsive to neighborhood and stakeholder concerns. A summary of this process is presented below as identified in 24 CFR § 91.220(b). A complete copy of the Citizen Participation Plan can be found in the Appendix of the 2007 - 2011 Consolidated Plan. A. Participation The City encourages citizen participation in all stages of the planning process. From the drafting of the Consolidated Plan to the submittal of the annual Performance Evaluation Report, the City hosts Public Meetings, provides draft copies of the Plan, encourages, accepts and incorporates citizen input and feedback, and holds special public hearings whenever any substantial amendments are proposed. The City works with non-profit organizations to encourage the participation of program beneficiaries, including low- and moderate -income residents. Bi -lingual services and additional assistance for persons with disabilities are available upon request. City of Meridian, Idaho 2010 ,Action Plan B. Public Meetings The bulk of Meridian's Citizen Participation process occurs through public meetings. Meridian CDBG staff hosts three public meeting during the funding cycle; one in preparation for the Consolidated Plan and its annual update through the One -Year Action Plan, one in conjunction with obtaining approval of the draft plans, and the third with the City's Consolidated Annual Performance Evaluation Report process. These meetings give residents an opportunity to comment on all aspects of CDBG program administration, as well as all activities undertaken by the City. A similar public process ensues when substantial amendments are proposed to the Consolidated or Annual Action Plans. To solicit input on CDBG activities, the City publishes notices in the local newspaper, the Valley Times, two weeks prior to each meeting. The notices include information about the availability of draft and final plans, which are typically available for public review at City Hall, the Public Library, and the Meridian Senior Center. City staff also approaches City Council periodically at their weekly public meetings to obtain feedback and direction on CDBG priorities, use of leftover funds, etc. This gives interested citizens an additional way to stay informed on how the program evolves over the year. C. Access to Information The City posts all CDBG-related plans (including the Consolidated Plan, annual action plans, and CAPERs) on its website for public review and scrutiny. The CDBG portion of the City's website is located at http://www.meridiancity.org/planning.aspx?ld--244. Draft versions of all plans are available for review and comment by citizens, public agencies, and other interested parties before they are considered and acted upon by City Council and submitted to HUD. Copies of draft and final reports are available free of charge at Meridian City Hall. Requests for access to specific information can be made in advance and coordinated with City personnel. City staff is also available to persons or interested parties who require technical assistance in understanding the Plan, the preparation of comments, the preparation of requests for funding, or the process in general. Staff is readily available to receive and respond to any and all questions, comments, or concerns that arise about the CDBG program throughout the year. D. PY2010 Process The City began identifying activities for the PY10 Action Plan in spring 2010 with requests for activity ideas, meetings, project eligibility research, etc. The City published notices in the Valley Times to announce a pre -draft public meeting that was held on May 26, 2010 at Meridian City Hall. Eight individuals attended and discussed possible activity ideas and priorities, asked questions about the process, and provided input that helped shape the draft Action Plan that went out for public comment. Cite of Meridian, Idaho 2010 Action Plan. 8 The following chronology summarizes the City's formal Public Participation efforts: • May 3, 2010: Contacted City Department Directors to request activity ideas. • May 14, 2010: Contacted past subrecipients and interested organizations to request activity ideas. • May 26, 2010: Conducted Pre -Draft Public Meeting. • June 18, 2010: Draft Action Plan released for public review and comment. • June 22, 2010: Opened public hearing and comment period for Draft Action Plan. • August 10, 2010: Closed public hearing and comment period and adopted Plan. E. Efforts to Broaden Public Participation In addition to the steps outlined in the City's Citizen Participation Plan, staff also met with several non-profit entities including Ada County Housing Authority, Neighborhood Housing Services, Meridian Food Bank, Meridian Boys & Girls Club, Meridian Community Garden, and the Meridian Senior Center, to discuss possible projects and activities. 4. Summary of Public Comments During the initial public hearing on June 22, 2010, Neighborhood Housing Services (NHS) provided testimony supporting the draft Plan. NHS expressed appreciation for the City's proposed support of their organization. The Meridian Food Bank also provided testimony supporting the draft Plan. The City did not receive any other comments during the process. 5. Summary of Comments not Accepted Not Applicable. Citi- of Meridian,, Idaho Zt:1Q Actio Flagyl Resources 1. Federal, State and Local Resources CDBG and City general funds are available to support program activities. The City may consider additional partnerships with Meridian Development Corporation (MDC) and Boise City/Ada County Housing Authority (BCACHA) to leverage available resources and achieve maximum results. The following funding sources have been identified to help address the needs of low/moderate income (LMI) individuals and families. Some resources maybe directly leveraged to help fund CDBG eligible activities, in which case all HUD regulations and requirements regarding matching will be satisfied, pursuant to 24 CFR § 91.220(c)(2). While other resources may not be able to contribute directly toward CDBG-eligible activities, they may be able to provide assistance to related support programs. These leveraged funds will be tracked and documented as part of the compliance monitoring process. Federal resources that may be made available ■ U.S. Department of Housing and Urban Development: Section 8 Housing Choice Voucher Program HOME Investment Partnership Program Emergency Shelter Grant Housing Opportunities for Persons with AIDS State resources that may be made available • Idaho Community Foundation ■ Idaho Housing and Finance Association • Idaho Department of Education • Idaho Department of Environmental Quality Idaho Association of Mortgage Brokers • Idaho Department of Agriculture • State Tax Credits • U.S. Department of Health and Human Services • U.S. Department of Education ■ Federal Housing Administration Homeownership Program ■ Fannie Mae • Federal Emergency Management Administration • U.S. Veterans Administration • Idaho Department of Health and Welfare: - Community Services Grant - Family and Child Services - Public Health Services - Domestic Violence Grant - Idaho Children's Trust Fund • Idaho Office on Aging • Idaho Department of Justice Cin of Meridian, Idaho 2010 Action Plan. 10 Local resources that may be made available ■ Meridian General Funds • Meridian Development Corporation • Ada County Association of Realtors ■ Boise City/Ada County Housing Authority • Neighborhood Housing Services ■ Boise Valley Habitat for Humanity ■ Supportive Housing and Innovative Partnerships • El -Ada Community Action Partnership ■ United Way • Faith -based Organizations ■ Local utility companies ■ Individual and Business Donors ■ Civic Organization Donations • Volunteer in-kind services City of Meridian, Idaho 11 20 1. 0 Action. Plan Objectives, Activities & Measures In PY 10, the City of Meridian will spend all non -administrative funds on activities that benefit low- and moderate -income persons or households. The City's PY10 entitlement is anticipated at $274,368.00. Objectives, Activities, and Measures for each project/activity are outlined below. 1. Suitable Living Environment: $160,000.00 OBJECTIVE SL1.1: Invest in public facility projects that help create a suitable living environment in LMI neighborhoods. ACTIVITY: Five Mile Creek Pathway, Segment H.1 ($120,000.00) To achieve this objective, the City will begin construction of Five Mile Creek Pathway, Segment H.1, which is located in LMI Census Tract 101321, Block Group 2. The City designed the pathway in PY2009 with substantial input from the surrounding neighborhood and is eager to move the project forward. MEASURES: One (1) Public Facility. OBJECTIVE SL3.3: Support public service activities that benefit presumed and document LMI residents on both an area and clientele basis. ACTIVITY: Meridian Food Bank ($40,000.00) The City will provide support to the Meridian Food Bank to purchase equipment and supplies related to their primary function; providing food to individuals and families in need. MEASURES: • Provide up to 600 units of service to Meridian residents in need. 2. Affordable Housing: $ 60,000.00 OBJECTIVE DH2.2: Expand homeownership opportunities for low -moderate income individuals and families. ACTIVITIES: Homeownership Assistance The City will partner with two housing service providers (Ada County Housing Authority, $40,000; Neighborhood Housing Services, $20,000) to assist LMI buyers to purchase homes. MEASURES: Up to six LMI households assisted. Cite of Meridian, Idaho 12 2010 Action Plan 3. Planning & Administration: $54,368.00 OBJECTIVE: Efficiently administer the City's CDBG Program and plan for successful activities and beneficial outcomes in the future. ACTIVITIES: CDBG Program Administration and Planning. MEASURES: Develop an updated Consolidated Plan to guide the City's CDBG Program. Maintain compliance with all applicable federal, state, and local regulations. Complete proposed activities to benefit the community. City- of Meridian. Idaho 13 2010 Action Plan Geouaphic Distribution Meridian's low -moderate income area is depicted in Appendix A.1. The area is bisected b Meridian an Road and Main Street, which, between the railroad and Cherry/Fairview, is the City's historic downtown own core. East and west of Meridian/Main, the area is primarily residential in character with the exception of some light industrial uses adjacent to the rail line. Much of the single family/detached housing stock in g the area was constructed in the early to mid 1900's. There are also several multi-familycomplexes an com lp d mobile home parks in the LMI area and immediate surrounding vicinity. The LMI Area is the focus of location -specific activities for the upcoming program year. The City 7% .wills end 72($160,000)of p available PY10 funds on location -specific activities in this area (after removingthe Administration and Planning� allocation of 20 /o from the total entitlement). The following projects will occur in specific locations or pre -identified geographic area: 1. Five Mile Creek Pathway ($120,000.00): This pathway segment will traverse along the east side of Five Mile Creek from Fairview Avenue to Pine Avenue. The project is located in ap re- designated LMI area as identified by HUD (Census Tract 010321, Block Group 1). A map of the pathway alignment and surrounding area is included in Appendix A.2. 2. Meridian Food Bank ($40,000.00): The Meridian Food Bank is located at 15 E. Bower Street (see Appendix A.3). This location is near the geographic center of the City's LMI area, which makes it easily accessible for residents who can most likely benefit from the services the Food Bank provides. The remaining projects/activities for PY2010 are not tied to any specific geographic area. CM, of Meridian Idaho 14 2010 Action Plan. Additional Requirements 1. Affordable Housing The City will partner with Boise City/Ada County Housing Authority (BCACHA) to expand affordable housing opportunity in PY2010. The City will continue funding homeownership assistance to eligible prospective buyers identified through the Section 8 program. This activity, which was ag reat success in past program years, will receive $40,000.00 for continuation in PY2010. This will allow BCACHA to assist up to four eligible homebuyers in the upcoming program year. The City will also provide $20,000.00 to Neighborhood Housing Services (NHS) to provide similar assistance (downpayment, closing cost, etc.) to eligible homebuyers who are not currently receiving Section 8 funds. The City does not plan to provide monetary assistance for rental purposes in the upcomingram pro g year, but will continue to facilitate discussions with area residents and service providers. 2. Public Housing The City does not plan to contribute monetarily to expanding public housing in PY2010, but will continue to encourage homeownership for eligible buyers as described above, and participate in the regional dialogue with neighboring communities and service providers to (1) define goals and formulate a public housing strategy, (2) identify potential funding sources to implement that strategy, and (3) involve new/broader segments of the community that have not been involved in such discussions in the past. 3. Homeless and Other Special Needs In PY2010, the City's efforts to address emergency shelter and transitional housing needs of homeless individuals and families, to prevent low-income individuals and families with children from becoming homeless, to help homeless persons make the transition to permanent housing and independent living, to address chronic homelessness, and to address the special needs of non -homeless persons will occur primarily through an ongoing partnership with the Boise City/Ada County Continuum of Care (CoQ. PY2010 CDBG funds will not be invested in activities specifically targeted to these objectives. The City will participate in the CoC to identify ways of supporting area housing providers' efforts to increase affordable transitional and permanent housing facilities. As additional information is obtained regarding homelessness within Meridian, the City will determine whether other federal, state or local/private funds can be leveraged with CDBG funding to effectively address these needs within the community in future program years. 4. Barriers to Affordable Housing In addition to completing an update of the City's Comprehensive Plan, a portion of which includes a reexamination of existing goals, policies, and objectives pertaining to affordable housing, the City will update the Consolidated Plan beginning this Program Year. The Consolidated Plan will include an updated market analysis and Analysis of Impediments to Affordable Housing, and the City is in preliminary discussions with Idaho Housing & Finance Association about linking this effort with a broader, statewide initiative. Cite of Meridian.. Idaho 15 2010 Action Plan. 5. Other Actions Over the course of the upcoming program year, the City will compile and disburse information on lead- based paint hazards in order to (1) educate the public, (2) gauge the prevalence of lead paint contamination, and (3) start to address the issue within the City. There is a wealth of information already available from HUD, the State, neighboring communities, and various organizations that staff will gather and make available at City Hall, on the City's website, and at other locations throughout the community. The City will continue to engage in the regional dialogue with neighboring communities and service providers to identify and address underserved needs, maintain affordable housing, and reduce the number of families living in poverty. Through the Comprehensive Plan rewrite, the City will examine its own institutional structure and look for ways to enhance coordination between public and private housing and social service agencies. Citi- of. Meridian, Idaho 16 2010 .Action 'Plan Program -Specific Requirements 1. PY2010 CDBG Activities to Benefit LMI persons All non -administrative expenditures this Program Year will benefit LMI residents and households. Affordable homeownership and the Meridian Food Bank will benefit the target population on a clientele basis, and Five Mile Creek Pathway will do so on an area basis. The City's Planning & Administration funds will go in part to updating the City's Consolidated Plan, which will determine how the City will continue to serve LMI residents and households in the future. City of Meridian.. Idaho 17 2010 Action Plan Monitoring The City will employ a combination of formal and informal procedures to ensure the effectiveness of the CDBG program. Each activity in the PY2010 Action Plan is unique, requiring different steps and participation of different partners. It is therefore difficult to standardize or establish a single procedure to adequately monitor all activities. Luckily, due to the number of activities, City staff is able to provide an appropriate level of attention to each activity to ensure that proposed activities adhere to program goals and requirements, and impact the community in the intended manner. The CDBG administrator will maintain regular contact with implementing partners and HUD staff to ensure that activities proposed in the Action Plan (1) comply with CDBG program requirements, (2) move forward on appropriate timelines, (3) adequately forward the goals and objectives in the Consolidated Plan, and (4) are completed successfully. As potential issues are identified, City staff will promptly contact our CPD representative to discuss appropriate ways to avoid and/or address any problems. To ensure compliance with federal regulations, including those regarding the timeliness of expenditures, the program administrator will (1) update IDIS regularly as requests for payment disbursement and activity reimbursement are received, (2) concurrently maintain a spreadsheet that tracks collective CDBG expenditures among all program years, and (3) continue working with the Finance Department on ways to refine and improve financial monitoring procedures. The City will maintain detailed records to enable staff, HUD, auditors and the public to determine the status of each funded activity, as well as the overall program. The City will use a variety of techniques to monitor subrecipients and review for compliance. Expectations will be clearly outlined in subrecipient agreements, tailored specifically to each activity and subrecipient entity. Through phone conversations, written correspondence, desk monitoring, and on-site monitoring visits (if necessary), staff will review each subrecipient's ability to meet the program's financial, production, and overall management requirements and make necessary determinations or take necessary actions to preserve program integrity. A full version of the City's monitoring plan is available in the 2007 — 2011 Consolidated Plan. City, of Meridian. Idaho 18 2010 Action Plan APPENDIX A: MAPS 1. LMI Census Block Groups 2. Five Mile Creek Pathway, Segment H.1 3. Meridian Food Bank Citi- of Meridian, Idaho 19 2010 Action Plan. Appendix A.1: LMI Census Block Groups Census Tract 10321, Block Group 2 (46.06% LMI) Census Tract 10322, Block Group 1 (45.01 % LMI) Census Tract 10322, Block Group 2 (72.04% LMI) AVO 16, 2009 625 i—j- 5,0 -2,5ab- 75d- MIW=Feet r Uj A t CHEP FAI R\ M�Ly I Zi Legend Low -moderate Income Area LMI Census Block Groups Census Block Groups City, of Meridian, Idaho 20 2010 Action Plan. PINE Ui Ui Et T -4- FRANKLIN N T' Legend Low -moderate Income Area LMI Census Block Groups Census Block Groups City, of Meridian, Idaho 20 2010 Action Plan. Appendix A.2: Five Mile Creek Pathway, Segment H.1 UJ in, GRU13EJ BADLE Y LLJ LLJ =VVJ8 H I N GTJ 3 N CAMTON -Z TATE 47- -2 F -M' [AT. ffl= Legend �Proposed Pathway 'WI April 2 0, 20 09 Pathway Five Mile Creek Segment H.1, Proposed City, of Meridian.,. Idaho 21 2010 Action Plan appendix A.3: Meridian Food Bank---- Le nd CHATEAU Meridian Food Banff t Ltd I Area . � 7 t CHERRY FAIRVIEW lu lu M 6� f f E I PINE u� 15 E. Bower J FRANKLIN Z i i i i 1 F 222( i� 660 1,300 City of Meridian., Idaho 22 2010 Action Plan APPENDIX B: TABLES 1. Joint Table IC, 2C, and 3A -Summary of Specific Annual Objectives 2. Table 3B — Annual Affordable Housing Completion Goals 3. Table 3C —Consolidated Plan Listing of Projects a. Program Administration b. Ada County Housing Authority c. Neighborhood Housing Services d. Five Mile Creek Pathway, Segment H.1 e. Meridian Food Bank £ LMA Infrastructure Replacement (FALL -BACK ACTIVITY) City of Meridian, Idaho 23 2010 Action Flan Appendix B.1 U.S. Department of Housing and Urban Development OMB Approvat No. 215506-0117 (E,xp. VW2011) joint Table IC, 2C, and 3A - Summary of Sped fidAnnual Objectives Grantee Name: City of Meridian, Idaho Avalilability/Accessib* flity of Decent Housing. ( DH -1) Specific Objective Source of Funds YcAr Perforniatwe. Indicators Expected Num1wr Actual Number Percent Completed iWordabilitv of Decent Housing (DH -2) Specific Objective !Ro-ur-Ce of Fumis Year Performance Indicators Expected Number Actual Number Percent Compkited D14 Expand hon ownership opportunities for low- moderate ineon- c individuals and families. CDBG-/ Other 2007 2008 2009 2010 2011 Affordable units purchased honowners ( '-c assisted). 1 0 0 N/A 300 MULTI -YEA R GOAL S 3 60 City of Meridian, Idaho 24 2010 Action Plan Sustainability of Decent Housing (DH -3) Specific Objective source of Funds year Performance Indicators Expected Number Actual Number Percent Completed IM 11 Participate- on boards and committees and cooperate with other entities to promote fair and affordable liousing. CDBG/ Other 2007 2008 200 '2010 2011 L Activities. 100% 200% % % 911V NNIULTI-YEAR GOAL 5 3 60 q( DH 3.2 Collect and disburse information about the d.angers. of lead based llit. pa 1 CDBG/' Other 2007 2008 2009 2010 Individuals educated. 20 20 20 20 10 100 7 5:00 T( 0% % % % NIMULTI-YEAR.GOAL =100 100 Availabi ity/Accessibility of Suitable Living Environment (SL- I i Specific Objective Source of Funds Year Performance Indicators Extx1vted Number Actual Number Percent Completed 1. 1.1 In.,%, -est in public facilit projects that help create a suitable living envircynnient in LMI neighborhoods. CDBG 200 7 2008 2009 20-10 2011 Public facility activities. I% 0% 200 % % % x.muut.-YEAR GOAL 5 2 40 Affordability of Suitable Living Environment (SL -2) r ,.II, , I '' f'!-, 8, f , �� J� Sustainabilitv of Suitable Living Environment (SL -3) SL 3.3 Support public service. activities that benefit presun-cd and documented LFII residents on both an area and clientele basis. CDB G M07 .2 2008 2009 2010 2011 Residents assisted. 1 5 5 5 5 5 0 1.3,223 0 264,460 %, % % NNIULTUYEAR GOAL----- 25 13, 122 3 52;,89-'-) % II City of Meridian-, Idaho 25 2010 Action Plan Avallabilit .v/.Accessibility of Economic Opportunity (E0.1) S.1)("Cific 01).jective -Source of Funds Year Perforniance Indicators Expected Number Actual Number Percent Completed "t - lit A/locatJoil/ xpt,.Iyvsion in (J"FRA- I 10 0 1 i ii� SIkl ect Ited tt URAA.-,A41 Affordabilltv of Economic Opportunity (EO -2) Sustainability of Economic Opportunity (E J) Siwcific 01)jective Sotirce, of Funds Year Pe rfo r-nia nce Indicators Expected Number Actual Nurnber Percent Compkited Neigh _orhood Revitalization i R-1 Other 4,0- 1) City, of Meridian. Idaho 26 2010 Action Plan Appendix B.2 Table 3B: Annual Affordable Housing Completion Goals Grantee Name: City of Meridian Program Year: 2010 Expected Annual Number of Units To Be completed Actual Annual Number of Units Completed Resources used during the period CDBG HOME ESG HOPW A BENEFICIARY GOALS (Sec. 215 Only) Homeless households 0 El R El Non -homeless households 0 E] F-1 Special needs households 0 0 1-1 Total Sec. 215 Beneficiaries* F] RENTAL GOALS (Sec. 215 Only) Acquisition of existing units 0 ❑ El ❑ Production of new units 0 El D ❑ Rehabilitation of existing units 0 El El F1 1-1 Rental Assistance 0 ❑ El ❑ Total Sec. 215 Affordable Rental 0 ❑ ❑ ❑ ❑ HOME OWNER GOALS (Sec. 215 Only) Acquisition of existing units 0 F] ❑ Production of new units 0 El F1 Rehabilitation of existing units 0 El ❑ Homebuyer Assistance 6 F] El Total Sec. 215 Affordable Owner 6 � ❑ ❑ COMBINED RENTAL AND OWNER GOALS (Sec. 215 Only) Acquisition of existing units 0 El El ❑ Production of new units 0 ❑ El El Rehabilitation of existing units 0 ❑ R H 1:1 City of Meridian.. Idaho 27 2010 Action Plan Appendix B.3(a) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Program Administration Project Title PY2010 Program Administration Description The City's Overall CDBG program management, coordination, monitoring, reporting, and evaluation will include the following types of assistance: ■ Coordinating Fair Housing activities with regional partners ■ Ensuring compliance with the adopted Consolidated Plan ■ Preparing program budgets, schedules and amendments • Evaluating program results against stated objectives ■ Monitoring program activities for progress and compliance; resolutve audit and monitoring findings ■ Preparing reports and other documents for submission to HUD ■ Developing agreements to carry out program activities ■ Updating Five Year Consolidated Plan Objective category: ❑Suitable Living Environment ❑Decent Housing ❑Economic Opportunity Outcome category: ❑ Avail ability/Accessib ility ❑Affordability ❑Sustainability Location/Target Area Citywide as applicable Objective Number Project ID HUD Matrix Code CDBG Citation 21A 24 CFR § 570.206 Type of Recipient CDBG National Objective Entitlement N/A Start Date Completion Date 10/01/2010 09/30/2011 Performance Indicator Annual Units N/A N/A Local ID Units Upon Completion N/A Cin- of Meridian, Idaho City 2010 Action Plan Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total .................................................................. $54,368.00 .................................................................. .................................................................. .................................................................. .................................................................. $54,368.00 .................................................................. .................................................................. .................................................................. .................................................................. ........................... u... ..... .... ......................... $54,369.00 .............................. ,..................................... 29 Appendix B.3(d) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environment, Avilibility/Accessibility Project Title Five Mile Creek Pathway, Segment H.1 Description The City will allocate $120,000.00 to begin construction of Five Mile Creek Pathway, Segment H.1 through a Low -Moderate Income area within the City. This project will provide (1) a new recreational opportunity for residents in this area, and (2) a safe, convenient, non -motorized link to Downtown Meridian, via Pine Avenue to the south, and to the many businesses, employment opportunities, and services along Fairview Avenue to the north. Services located on Fairview near this pathway include the Idaho Department of Motor Vehicles (1769 N. Lakes Ave. Ste 100), Living Balance Counseling (1910 North Lakes Avenue), Hastings Books (1769 N. Lakes Avenue) and more. Objective category: N Suitable Living Environment [:] Decent Housing ❑Economic Opportunity Outcome category: N Availability/Accessibility F-1 Affordability ❑Sustainability Location/Target Area 237 E. Idaho Avenue; Meridian, ID 83642 Census Tract 010321, Block Group 1. Objective Number Project ID SLI. 1 HUD Matrix Code CDBG Citation 3E 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Entitlement LMA Start Date Completion Date 10/01/2010 09/30/2011 Performance Indicator Annual Units Public Facility Activity .51 Local ID Units Upon Completion 1 Completion of the pathway is anticipated in a future program year. Funding Sources: CDBG ESG HOME HOPwA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total City of Meridian, Idaho 32 2010 .Acti.on. Pian .................................................................. $120,000.00 .................................................................. .................................................................. .................................................................. .................................................................. $120,000.00 .................................................................. .................................................................. .................................................................. .................................................................. .................................................................. $120,000.00 ................................................................... 1 Appendix B.3(e) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environment — Public Services Project Title: Meridian Food Bank Description CDBG funding will assist the Meridian Food Bank in purchasing equipment and supplies related to their primary rimar function; providing food to individuals and families in need. Equipment may include refrigerators/freezers for food storage, a truck to pick up and transport food, and computers to (1) track food, monetary donations, and inventory, and (2) monitor and report finances for documentation purposes. Objective category: ® Suitable Living Environment ❑ Decent Housing El Economic Opportunity Outcome category: M AN ailability/A.ccessibility Affordability ❑ Sustainability Location/Target Area Meridian Food Bank —15 E. Bower; East of/adjacent to Census Tractl01322, Block Group 2 FObctive Number Project ID 3 HUD Matrix Code CDBG Citation OS 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subrecipient LMC Start Date Completion Date 10/01/2010 09/30/2011 Performance Indicator Annual Units Residents 600 Local ID Units Upon Completion 600 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 33 2010 Action. Plan ................ ... ........ . ... ... $40,000.00 .................................................................. .................................................................. .................................................................. .................................................................. $40,000.00 .................................................................. .................................................................. .................................................................. .................................................................. .................................................................. $40,000.00 ................................................................... Appendix B.3(f) Jurisdiction's Name: Priority Need: Project Title: Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Suitable Living Environment LMA Infrastructure Replacement Description (FALL -BACK ACTIVITY) Should any activity proposed in PY2010 fail to move forward, the City will design water and sewer line replacements in the LMI area around Downtown. Specific segments include (1) NW 11th Street, W. State Street to W. Camelia Lane (water line design, $35,000.00); (2) NE 5th Street, E. Pine Avenue to E. Carlton Avenue (water line design, $35,000.00); and 8`h Street, Broadway Avenue to Cherry Lane (sewer trunk line design, $45,000.00). These three infrastructure activities are anticipated for construction with local funds in the next few years. (CDBG contribution = $115,000.00 for design) Objective category: N Suitable Living Environment ❑Decent Housing El Econormic Opportunity Outcome category: ❑Availability/accessibility ❑affordability M Sustainability Location/Target Area Census Tract 10321, Block Group 2 (46.06% LMI) Census Tract 10322, Block Group 1 (45.01 % LMI) Census Tract 10322, Block Group 2 (72.04% LMI) FObjective Number Project ID 3 HUD Matrix Code CDBG Citation OS 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subrecipient LMC Start Date Completion Date 10/01/2010 09/30/2011 Performance Indicator Annual Units Residents 600 Local ID Units Upon Completion 600 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities n Public Housing Needs City of Meridians, Idaho 34 2010 Action Plan $1151000.00 .................................................................. .................................................................. .................................................................. .................................................................. $1151000.00 .................................................................. .................................................................. .................................................................. .................................................................. .................................................................. $11500.00 ................................................................... APPENDIX C: CERTIFICATIONS City of Meridian, Idaho 35 2010 Action. Plan 0. � . CPMP NonState Grantee ��� �� ��e� Certifications 0Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. ❑ This certification does not apply. ® This certification is applicable. NON -STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti -displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Makirrig a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti -Lobbying -- To the best of the jurisdiction's knowledge and belief: 8. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress City of Meridian., Idaho 36 2010 Action. Pian in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 9. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 10. It will require that the language of paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date ­1401�000, 1 Name LV' Title 33 E. Broadway Address � Meridian, Idaho 83642 � City/State/Zip 208-888-4433 Telephone Number City of. Meridian, Idaho 37 2010 Action. Pian ❑ This certification does not apply. ® This certification is applicable. Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 11. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 12. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2007, 2008, 2009, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 13. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 14. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti -discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act 02 USC 3601-3619), and implementing regulations. Lead -Based Paint -- Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24; City of Meridian, Idaho 38 20 1.O .Action. Pian Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official Date Name Title 33 E. Broadway Address Meridian, Idaho 83642 City/State/Zip 208-888-4433 Telephone Number City of M.eridian.. Idaho 39 2010 Action. Pian ® This certification does not apply. El This certification is applicable. OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-assisted activities, which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature/Authorized Official Date Name Title Address City/State/Zip Telephone Number City of Mearidlan., Idaho 40 201 O .Action Plan ® This certification does not apply. ❑ This certification is applicable. Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant -based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date Name Title Address City/State/Zip Telephone Number City of Meridian, Idaho 41 2010 Action. Plan On This certification does not apply. ElThis certification is applicable. HOPWA Certifications The HOPWA grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2. For at least 3 years in the case of assistance involving non -substantial rehabilitation or repair of a building or structure. Signature/Authorized Official Date Name Title Address City/State/Zip Telephone Number C it y of Meridian, Idaho 42 2010 Action flan ❑ This certification does not apply. ® This certification is applicable. ESG Certifications I, Mayor Tammy de Weerd, Chief Executive Officer of Error! Not a valid link., certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 24 CFR 576.51. I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: 1. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. 2. The building standards requirement of 24 CFR 576.55. 3. The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the homeless. 4. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable federal laws concerning nondiscrimination and equal opportunity. 5. The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 6. The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 7. The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. 8. The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. 9. The requirement that recipients involve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 76.56. 10. The requirements of 24 CFR :576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under -the National Environmental Policy Act of 1969 and related authorities as specified in 24 CFR Part 58. 11. The requirements of 24 CFR 576.210)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; �B) the assistance must be necessary to avoid eviction of the family or City of Meridian.. Idaho 43 201.0 Action. Plan termination of the services to the family; (C) there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 12. The new requirement of the McKinney-Vento Act (42 USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. 13. HUD's standards for participation in a local Homeless Management Information System (HMIS) and the collection and reporting of client -level information. I further certify that the submission of a completed and approved Consolidated Plan with its certifications, which act as the application for an Emergency Shelter Grant, is authorized under state and/or local law, and that the local government possesses legal authority to carry out grant activities in accordance with the applicable laws and regulations of the U. S. Department of Housing and Urban Development. Signature/Authorized Official Date Name Title 33 E. Broadway Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number City of Meridian.., Idaho 44 2010 lA.cti.on. Pian ❑ This certification does not apply. ® This certification is applicable. APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug -Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug -Free Workplace Certification 3. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 4. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug - Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 5. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 6. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 7. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 21. Place Name Street City County State Zi Meridian City Hall 33 E. Broadway Meridian Ada ID 83642 9. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if City of Meridian., Idaho 45 2010 Action Flan used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti -displacement and Relocation Plan Signature/Authorized Official Date /01"IIII i f Name Title 33 E. Broadway Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number City of. Meridi.an., Idaho 46 201.0 Action Plan A PPFNTITX il• qF d24 City of Meridian., Idaho 47 2010 Action Flan OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 *1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s) ❑ Preapplication ❑ New ® Application ® Continuation *Other (Specify) ❑ Changed/Corrected Application ❑ Revision 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: *5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: CITY OF MERIDIAN, IDAHO *b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DUNS: 82-6000225 028 451 367 d. Address: *Street 1: 33 E. Broadway Street 2: *City: Meridian County: Ada *State: Idaho Province: *Country: USA *Zip / Postal Code 83642 e. Organizational Unit: Department Name: Division Name: Meridian Planning Department FLf.Name and contact information of person to be contacted on matters involving this application: Prefix: *First Name: Caleb Middle Name: *Last Name: Hood Suffix: City of Meridian., Idaho 48 2010 Action. Plan Title: Planning Manager Organizational Affiliation: *Telephone Number: 208-884-5533 Fax Number: 208-888-6854 *Email: chood@meridiancity.org OMB Number: 4040-0004 Expiration Date: 01/31/2009 KP cation for Federal Assistance SF -424 Version 02 *9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: HUD 11. Catalog of Federal Domestic Assistance Number: CFDA Title: *12 Funding Opportunity Number: 14.218 *Title: COMMUNITY DEVELOPMENT BLOCK GRANT/ENTITLEMENT GRANTS 13. Competition Identification Number: Title: City of Meri.dian., Idaho 49 2010 Action. Plan 14. Areas Affected by Project (Cities, Counties, States, etc.): CITY OF MERIDIAN, IDAHO *15. Descriptive Title of Applicant's Project: Investment funds to create/sustain suitable living environments, expand affordable housing opportunities, eliminate slum and blight, and administer the CDBG program. OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 16. Congressional Districts Of: *a. Applicant: 1 *b. Program/Project: 1 F. Proposed Project: *a. Start Date: 10/01/2010 *b. End Date: 09/30/2011 F18.:Estimated Funding ($): *a. Federal 274,368.00 *b. Applicant *c. State *d. Local *e. Other *f. Program Income *g. TOTAL 274,368.00 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 bLit has not been selected by the State for review. ® c. Program is not covered by E. O. 12372 *20_ is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ❑ Yes ® No 21. *By signing this a lication, I cern 1 to the statements contained in the list of certifications** and 2 that the statements City of Meridian., Idaho 50 201.0 Action. Plan are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply F�e ny resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ® **I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: *First Name: Tammy Middle Name: *Last Name: De Weerd Suffix: *Title: Mayor *Telephone Number: 208-888-4433 Fax Number: 208-884-8723 * Email: deweerdt@meridiancity.org Signature of Authorized Represents i ;- "� *Date Signed: -/D-/o Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102 City of Meridian, Idaho 51 2010 fiction Plan OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 City of. Meridian,. Idaho 52 2010 A.ctioii Plan Version 02 Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. City of Meridian, Idaho 53 2010 lection. Plan INSTRUCTIONS FOR THE S F-424 Publi.c.- reperting burden f -,r this W.4ction ofinformalion is,:ecstimated to average. aC M"nutes per response,, including tirne for reviewng nstructions, searching existing data sources, ga#*ring and maintaining the data needed,. and, mripleting and rev*iwing the collection of information. Send comments regarding the burden estimate or any other aspec.4 of this collection of informlion, including suggestons for reducing This burden, to the Office of Management and Bud*, Paperwork Reduigion Project 1*0348-0043), WashingtDn, DC 20603, PLEASE DO: NOT RETURN YOUR COMPLETIED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a smndwd form (including the confinnadou sheet) required for use as. a. -cover sheet for submission of preapplicstions mW applicadous and related infmwtion under dsere howry programs. Some 'of the items are required and some are optional at thediscreliou of the applicant or the Federal agency. (a,gency). Required kerns are identified with an asteTisk on the form aid are specified in the insimclions below. I'd addition to the instructions - pro -Oiled below, appLicants must consult agency ansa actio to deermine specific requiTemiems- heri Entry*.- 4em Entry. 1. Type of Submission: ( Requ red is Select one type cd sutwniss,in 1 r-, Name Of Federal Agency: 1,141-r-quired) Enter the narse .ref the accordance with agenvynstr=Jons. Federal agency from wKch assistance "s being requesiec, with Ac Preapplicalicn 'his application. 4W Application 11. Catalog Of Federal Domestic Ams i'stance, Number)7itle: Emier the Catalog of Federal; Do mest C Assistance number a�- -a Changed.lCorrev.ed Applicators - ;requested by the agenCy.. ch'e"s. if This submission s. to & ange or correct a prev,cusly, submited app. Cation. Unless, requested by the agency., applicanis may no c use this to submit changes after the c1csing dale. -rile W the program under whiff �,joe-- cuested, as assstaris re !,ound in the program announcement, if app,,,, cab:.e_ 2. Type of Application: l Required). Seleci one ype cif apoplicalier in 12. Funding Opportun ity KumberfTide: Req d) -Enter accordance with agersey irtstfu&Jons. New - An application that Js being submitted to an agency for the Funding Opportunity Number and We of the opportunity under which assistance is requested, as found in the progm m. first announcement. Cont nuaton -An extens'olon for an acdit:.cnal fundingilbudget period 13. Competition Ide ntif ication N umbertrTitle., Enter- the nor a prc;*ct with a projected,comp cion date. -h s can include, ConVetition Identification Number and title of the oompelition renswals.. under which assistance is requested, it' appScabie- Rew sion - Any change in Ift, Feclera Government'sfinanciall ob gatior or co0ingerA fiabilit'y from an existing obligation. If a re-vis,on, enter the appropriate More than one may be selected. If "Clher" is selected, please spect/ in text box provx*W. A.- IncreaseAward S. Decrease Awarc - C_IncreaseDuraton D_ Decrease C urat or 14. Areas . Aff ected By Project: List the areas or entities using the categories #,e .,g-, "Nies, cc-xites, stx.-es,etc.) spec�.,iiecl in agency ins .coons_ Use hec�cn inuaJon sheet enter I to E. Other fspeciy] add,,.iional areas, if neec,,ea. 3. Date Received: Leave this. fed blanir.. This da,.eviill, be assigned by the 15. Descriptive Title of Applicants. Project., ;:.Req�,i,rcrd) Enter a Federra, agency. brief c escriptrive t,,;Ie of the proect. : f appropriate, attach, a map shveoing project location (e.,g.,, constriction or real prop" projects). Fcr preapp cations, attach asummary 4. Applicant Identifier: En* the entity idendfer ass gned by the Federal agenW. it any, or.appl cant's oontral number, if app, cab -e. des cripton of the pro)eaf_ 5a Federa I Entity Identifier: Enter the number assigned to your 1 Co ng ressional Districts Of: (Required' 16a- En:er the organizaticn by the Federal AW,,,cy, if any. app .-,ant's Congressional District aric 16b. Enter all Dvsoictis) affected by the program or prosect. Enter in the format: 2 'Slate Abbrev characters. iabon - 3 characters District NumbK e -g, CA -00 for California 61' dis-Vict. CA -01 2 for Cafitmia 12" disbxt, NC -1 03 for North Carolina's 10V d4strict- If at, congress disbrcts. in a state are affected, en-er 'all' for the district number, e.g-, MO -all far all 5b. Federal Award Identifieu., For new applicaton s leave bla-1, Foram coniinuation or revision -:o an existing award, enter the previous, y ,assigned Federal award' identify number. Ifachangedo'corrected applic,abon:, enter thoe Federal l6enbfierin accordance wii:� agency nstrucbons. 5. Date Received by State: Leave this field lbank_ This date vi be assigned 'by the State, if applicable.- congressional districts in Maq(fiand.*. Ifnabontivide. i.e.. alidistricts within all stales are affected, enter US -all - 7 State Application Identifier-.- Leave :his field blank_ -Ks zdentfieveo be assigned by#* State, if applicable. If he prograrn*ojerA 1.19, outside the WS, enter 00-000. S. Appficant I nformation--lEnter tr e following n accordance: wth agency nstruc,tions: a. Legal Name-- (Requires): Enter the egal rtame, of app, cant Char will 1T Proposed Project, Start and Eng! Dates.: (Required) Enter the -i ndertake the assistance activity. This is the n amse that the organizalion priacc-esed start date .and end date- -o€" protect. h as registered with the Central Contractor Registry. Informabon on, register7ing wlh CCR ma be obtained by vsiting the Grants. own website,. b. Employer(Taxpayer Number (EINrrIN)- (Requiredy. Enter the - 1 �?I Estimated Funding: i'Required) Enver the amount requested Empio,yer or Taxpayer -dentificator, Nurnben !.EINoTINS as assigned by the Irdema ` Revenue Servioe. If your organizattion is not °r the U, S, enter or to be conlribuled during the First funding.lbudge*i period by 444444444. each contributor. Value of in-rk. in d coviribu lions should be c. Organizational. DUNS:, (Required,'i Enter the organizafonYs DUNS of included on apprDpnate nes, .as applicable- If the ,act on will DUNS+4 rmnkw receN*d from Dun and &adstreet. Information on result in,a collar change to an existing award, 7ndica:'e only the obta' a DIUNS number may be obtained b visit.,rtg the Grants.gov. A11419 y amount of :he change. For decreases, en&ose the amounrs, in website. parentheses. d. Address. Enter the complete address, as follows-.- Street address (Lime I requ"fed), City ='Requ*ed), County, State (Required, f country is US)'r 1, Province., Country (Required� Zip?Posial Code (Required, if country is us-� 19. Is Application Subject. to Review by State Under Execuu-ve Order 12372 Process?Atpp%cants should contact the State Singe Point of Conoiact {SPOC) for Federal ExecuWe Order 1:2372- to deien-nine ~er the application is subject to the e. Organizati onal U nit: Enter the name of the pi unary organizational oe Q nit (and departrrnt or division, if applicaW that will undertake the City of Meridian, Idaho 55 2010 Action Plan assislance activily. if applic-Able. State intergovwrimenta; review process- Se4ect the appropriate box., is. se ed, enter' the date the app kation was submitted to the State f. Name and contact, information of person to be contacted on matters involving this application - E-Aer the name (Fast and last name required), organizationalaffilialion f affiliated vvith an organization ot*r than the app hcant organization). tele number (Required},, tax number, and emaid address (Required) of the person to contact on matters. related to this application- 20. Is the Applicant Delinquent on any Fed'eirall Debt? (Required).Select the appropriate box. This question applies to the appliow organizatim not the person who signs as the - authorized representative.Calegories ofdebt include, delinquent audit dila; noes, loans and taxes. If yes., include an expIkon on the omfinuation sheet. Q. Type of App$cant (Required l Select up to three applicant typeis) in accordance with agency instructions.. 21- Authorized Representative: (Required) To, be signed and dated by the authorized represenWive of the applicant organiaation. Enter the name (First and Iasi name required) tide (Required), lelephor* number (Required), fare number, and email ss (Required) of the person authorized to sign adclre for the applicant A copy of the goveming body's aulhorizabon far you to sign ci tw this applicators as 1he offial represeniative must eir on fn ". i the apani's plicoffice. (Certain Federa, agencies may require that this author ion be submitled as pad of the app,';cafion.) A. State Government S. County Government C_ City or Township GGvemment 0- Special Dvstrivi Gcvemment E. Regional Organization F_ U.S. Terrilory or PossessiDn G. tndependent School District M. INlopprofit with 501 G3 IRS Status (Other than Institut of Higher Education) N. Nonpro M without 501M IRS StaWs ,,,Other than Inslituticn of Higher E-ducalion't 0- Private Institution of Kgher H_ Pub ... 'Stale Conlrolled Educabon onsfibAon. of Higher Eduoation R. Individual I- ndiaWNalive American Triba,',"i 0. For-Profid, Organizabon Government (Federa,Wy Recognized) (Other than Small Wsiness) R. Small Business J_ kndianlNalive American Tribal; Government (01her than Federally Recognized) S,. Wspan k-swving. Institution T. Historically Black Coftes and, UrOversibes fHBCU,$) K. tndian/NaAive American Tribally Designated U. TriballyGontrolfiled Colleges. and UnOversites fTCGUs) OrganizMion L. Pubb-dind%ars Housing V Alaska Native ,and Native HawaiServing Institutions Aulhority W. Non -donye sticy (non -US) Entity X. Other �specify) City of Meridian, Idaho 55 2010 Action Plan APPENDIX E: PROOF OF PUBLICATION - COMMENT PEROID City of Meridian, Idaho 56 2010 Action. Plan June 7, 270 10 hilley Timte8 Page. 17 ORMANCE NO, W A4VORIXt4ANCEOFtit UTYOFEAGLELIDAHG.AMM M�SEMGN134-11.EAGLECITY Coop_ To rlGVIDF CILMMA FM XMIlT, FOOD COVICESSX)NS MID NONMODIUFOW C41^ M*249, AND PRMUM0 ErITCMVE DATE WiffAtAS, torte City of E&O. Id" i± a murtkipal 0-nVorAliOn wlsilai4od Q4 telae M14 10kg the IW4 of Ow supt. of 1441ve, 04 Ordinance "4 pdw) It ftm d, it satne, cwt. miWe tood camAgitim- Ut tionckk UW rt sr °S If int Ifto..4,99me- row tits. tat. sic_. derr�wtY:...;btat ..lit at. �tntacr . ttWl..Ea�prleat .cn�raass��mllllsa..ariswlta - C', wilds. twils, M*Ir Im cc i'llsito k Aa"c-nmo*llc foM- 2ancimLitni jAhall nat tit hULld WTW-RFA'.% 1k Mi year uAS Councii have ddenn4V4 tb2tLp1sdC49,%-1eXtAS ft amendiq mci ,'Witness m7d I weenie Raplattensf%ard 9 �MJW,'fHEREFME, MIT 01MA33YED BY THEMAY17YRAIPM CrrY CC,"NC-R. OF if CLTY OF EAGIX, Ada (4wy, 10hp: That Tlik I "NsawAvi wW Li4pot" RApAallow.10 C76q4#,,-r 0 Solivitan And Tem torwy M#rchantsr. Sation 2,1*ftftktns" bc WA it hefetN tinle#-64 in POt, 'AA11 JfW V8dW4J*4 um sixkzi aM rV, oHLAflu%xxXV text d0riod to rra6 as foikvws, with the remaintitir of Title- 3 W mmain 1Ryh21%@e,& i, CART A mulitft NIMY Wbecled 1AU MMO in kt-smWallk- qw,04- _Py # xpt,)c 1140ft 41KC#t--..UW* sold tFIR MANK, W Wd PRO lLlY9llI.ia tht 11111111"t.0fe of ftlikt, G 416— That Title x" Lim— 9,rulkilciffi", 0aftleir 4 -Yetidsini, Soliciurt AM I -R— 1, ;ions" be ami is bwelyf *7"n4K fm rmvl,, wo ithe wtdietioned ext 26AZ4 and RX rxziktshnru i mm tltlr•rj TDtrld *5 sjikvs, Wdh Itte Miusil0ts 01 Vsilo 3 w serraW. tMItsr,rC,!l; A. Locaticirs: No lhxn"t h"cm* 46all hero #A3 dKtr Ntrniae iink k, any Joe"m in a public *rtq, nor 0'a" k"be 1* }t Mint to qVratt ir any wiscrtwd area whotr "Wum imr-we or JN0fW-?6lrW tht P0110. F04 1JW VUqw-Ile otitis 4AqALr, the )W_xrwat of a p4libe W4 o6zer, imercimd M goad firlon, snail lite (Wined want 85 to Wh0het the WN KuVirreved Dr Ow public Wve&d W No busintsit AAV*7 shall he CWTed CM in my "a of the COY lly ** Lice"We who 16 ik4ro'bd Pon"" at, difs 0apk-1. Where stk-A hoss"CAS wivity it 120hibitted by OR* city uCE4$* =niWetd*wxe. IN* hurme docs not pmOaik- des istuawt ofatha painib by liko Parks t°Iraranrti at hA poblic pwL- er &. grtmial afpwmimior to sed v4or *IS omx ar; pnew progwy us QW11CM it. Poun EX fliwrisoof Vosr4,A, c*A%zA*esS solk2om *htl ba allowed ia m#&&t in their li"aw/d hniunt only txmwn mix e4lock till -00i xM. *(W imesel must I(xvieA in a 4KRinvirmijilly pa -nod &4ta All '-vWins Avvic, cwU or wbitles must be rearinvaid frim Twilitte Wlvtty Juriai nor-voiidmg haunt, Fof "Witt PAMn, ft Ofly WAY "Ube *11 MerltiPln 10 fir_ V4411 11MIN Of 01XI72111m. C, RorricNal OfTrall.. All VaA ix *Ws acilsoulawtog wftl?, lwowv f0a (Mi OfA*, iwgkt4, stud Awl be Wimiati by tba windar and dolimiud is vatti cmilau4rs- All venrlotw 4thing (OW of bovtrades smustproviok tr*A to or as a prat erf tkir stands, D Prohlbast Aviaa: Atilt dat, *vlhriawd puHic- sults, o*Mw ahalf prohibit viedars in stlliqr m *fiad public ways if he deternithti sLwh ;wAihotom m w#tstry for'lit pt~ioal of pvhk and lvoi*r vehi2its ive, pratikillismi within Afkftn foot (J5'f.,0f* fm bytir-Ant. Are er,-arm*, Na oryI Wme, 40 drivvway of a rbw VWio4L Polke swim, or Mp4r,fhi. (Ord, 1.97, .' it 19971 F. 14ginioNkc FC01 Camelsiow OT w vIm#ibr did c rnr< eNan v0#40 Wi4l te. Per park of thet dbianition crt the city ci tea: J1. Proct-auffs ftiT VtMIX wkvtwq Shan ba Wirk'd VIP, rwr4uticsm *W kq* on file rvi Tv* -k% at rue city c it is afrk& F. Planrimp And Zon4w. Appr"bl 'All vimitim " mrqmwy rftntsimoi nidirtwiw wrtun Am"41 front 1124:Sar�,r piarvir4 and t—nowt Jvpzan, ent Fw the qrqx#srd vatz, &sip w;bd o4pbagt pqrA*OV prick It an ,mott*l it 11;e it mrplicA Wn Alta bct fivestK4 A:t L -^-u (21 yom and tvtvvij; m4e no vvuiifi=o& to t1seir OW latanon #aJ dieup ctua as. fti Nqunrvinefti: 9my be- -siwd. x1A d"01111111 W111111, i 5,1 Oak be MbLIViow A-Ubit PRIF d by-te name!!] Lmd 02r !] tr£ rtrGir sins s. WWAI dig llaiblk, jstlwor-"4t '0*1 J-11olm to TMIMd It ft VMPI it L A fiml caft4milm, or w1=04fite fixes t, 111 -An Is LAWIPA ft-WIse -00-RIft -vid nigit C -My Of PAM -V MCHUL WTFAXW tX11 CEI, MAYM AVITST! IV i A 0 CIT V OF MERIDIAN N-OnCE, OF PI, 911C HEALRING ANDPt"1111C COMMENT PERIOD Regardlog Merldlsa*s Contimnafty De ww1opmeat Slack {runt (CD B.C.) Program zamul I Tix- City of Mtf idian has, becut dosigatted act EatitImical Community by the 17$. WEA9413 AMU I Ill AW kX JiMMW VINIU1101. ling dint 4r;tilmrat q D). n Depastmea of Ha"ing and Urban Devz1opmem(HU .6 d(signatiou allows Ytt'd,QLuumuctux rmvbmi. tlig, City to rouive fwtd� antmally from HUD's Cammuniry Development Mock Orant J�CDBG) Progira:tu- The City wticipatcs that it will reccive an all(wation of W4,369 or, Octoba 1, 2010. Ift 0AW to rcwive thew fwt&, the City tttu�t iabufn to HUD a 2010 Almusl Action Plan i4knfifyin the projects sod goals tote City will undertake to MIAU now jobs, 4 etc SWAM it!CXaSt affiX-4JbIt and WOMSibIt lt;ousing and revitali2c'ModAian wilhbofhoo& dwing 'not Etogram Yen, W -Ili "LW"s ,r w -,h ALL CITIZENS ARE IWVTMD to atta?A a p1d5lic homing oft Tucufay, Juw 22, 2014, at 7,00 PM, in the Meridian City Councit Chambers, Me'lidian City HAU, 33 E, BroadiAmy Arae! Metidian, lds'ho, neSatAing the draft 1010 Annual Actio'd A- �iova. 4;wt,Kwblk (WJ wwzl�Lm-w 1ti:=a:WlC tit'doloud gad Plan, SpecWi invitation is extend to pznons with disabilities, jes-idents of assixted tort '4 _00_jp_a.. tilft, Aga'lir m... AW uvm dl !arming, and Meridian bwift-,-, and property owficrsMe City Hall is a larodieWed soctuible facility. Individuals reqWiring aecomawlidation of physical, WA CMV04l;,W sight, or hcaiiag impairments of lan-auste interpretation please contact the Cit)' 1,.%v! fAIVviz iqwn - fq[o �p i4 -�Ima!Aw-wmal Md Cle f k at (209)i;8 -S443. 1. All citizens may review the draff plt6 Sind provide 1qq4 te&timony- COO;& of the draft Plaits Vill be avlaiiable June 19, 0t® at the Meridian gmaisim-tr .Ilm n1ged mm to Imftu Rgda m4n 4L!IWk City Ctcxk*& Office, 33 E. B"dAiy Avenue, Meridian Public Library, 1326 W. XWdV%:0NJXXVd Qn Asua-4, .40ma Cberry Larp-, Meridian fwanim Ccalet., 03 W. Broadway Aytnuog and on the City's vim Mead RM 'till bliffbt (41 *Tb site. btlp:UWWtM1idiar%cityor#. t'Conaowthi 01 lop of Awz rolumwl A PUBLIC COMMENT PERIOD WILL FOLLOW THE PULIC HEARING FROM JUNE 22. 2009 THROUGH August 3, 2010. During this pc-tiod, all INVIIA71ON FOR DID oorAntents Awitld be, ad&msad, to Matt Ellvwarth in The City Planning Depatevatri, 'f WAS PUMPING & CEN17RATE SYSTEM 1VIPRON9EWNTS-CONSTRUCTION who may & covlactW by mail: City of Meridian, Planning Depar-Urtent, 33 E. C,rnOF MERIDIAN' Bilruidway Ave., Ste. 210, Meridiw4, ID KVA2; by, phone: (ZW) 984-5533; by ax: (20ri 998-6&U; or by c-nisil. aid 1A1"rtWa-=A4isjxi1yorq. The- City of Meridian is rcquestins stated Bids for 7 WAS PUMPUSIG & CEN'TRAU SVSTKM IMP ROVTM ENrSCaNSTRUC'nON. Bidswillty, rc"Nt4 by the City of MeA" Purcbasirlg D"itme-ot at fitte City Hall Buildinig lotmod 21 33 East BRoadway Aveme, Ste. t0% Meridian, Idaho 83642, until 2:34 p.m. prevailing local time, June 24. 2010. A omiplete bid paidage any be Otained (for a. noarefubdable f00 Of $23-00) frogs tit: City of'M"diar, Parelissing D"Ittim-ut lo=W W 33 East Br ay Ave atila, Ste. 106, Mtridim, Idaho lk-VA2, A MANDATORY oa4ite prebid meefing is sicbeduled fot TUNE Ik 2010 at 2:00 P.nt, at the Wmewmex Treatnic.at Plaut, 3401 N. Tat Mile Rowl, Meridian, ID. All quaions corsoamijut this Invitation for Bid or twumts (bT additional infortnation shoji;14 bc diwM41 tot Kzfth Watts at (288) 49941417. DATM this 4th day of Junt 2010 K66. Wartk Pwchasmg Agent THE CITY Of MERIDIAN, IDAHO Farr: dwes., June 7th a--' Arte 14t., A110 Vailey nmo paislish Jun Ith, 2010 nrIF -1 noe American Dream RV RICH NESMIT I grew. up as a little boy in New York City. \W- had neighix-0wds and parks to play in. Most of the people rented and the neighborhood was good- As I grew. up, 1watched farad lees that had fived (rented) inone place fior'210-plass years being mowed out. Isaw bwsi-mases that haul beers in the seine ame loatitmi, owned by the same people who had given us kids jobs, being closM because they forgot part of the American !dream. To own a home. 'the land on which you live. Waching this as a kid, I made a decision that this wadd never happen tea me, When 1got older, I would alwkys own myowit plates -It ha -5 never mattered to me what kind ofhome it wasas long as I maid cy\-%,n it, because no matter what, owning something was better firm renting it Manyvearshave passedsince I was that young, however;, the thought remains with me to this day, It helps, considering the business I am in; wouldn't you rather buy a home than rent? Now that the market has t: hanged, renters: and others still do not want, to buy a home. The reasons they list are genuine concerns of homebuyers everywhere. The infamous What V What if home prices drop? What if interesL rates. go dm -a later?' ''Whati$I It my job's Or get. a pay cut! What if I actually get the home` .Morse respoinsi-bil ifies, wre pressure to take care of things. More of a chance to get ahead. Asasociety, sire are tact ght that we, are not supposed to make inistakes. Per.wnally, I believe that by making mistakes we learn quicktr and remember more. That is. ficn%, I have learned the best. 1 have bought and ;,old houses for fun and profit before I becarm a Realtor, and the lesson. I I -earned theft bane helped -fhnn a gitc cessfu I business model that I fbilow today. What have I 'Seamed? Ever- yone who wants a home will find a way to imakT it work. If you don't wantorbelievt in borne ownership, it just domn*t happen. ftat is right for one person does not make it right for you. A home casts money and if -you five in it longenough, it can save you money. What. is the secret of invest- ing in real estate? Buy lam, sell high., Don't Wait for the shw1ute bottoin or the tip top. you l I mis's out. Thomas Edison once said, "Opportunity is missed by most people because it is dressed in overalls and lookq like worr ne real estate market. it returning to normal. "-,ers will have towork if they want to buy a home. Sellers willhave to work, on their homes if t1key want to sell. Nanu c=e to America after W%V7 from then-CvmmunistMaha. They pretty much let him leave -with the clothes on his back and not much else-. He had a wife who took care of the faint ly and home ak)ng with fivekids. He worked two jobs to raise enough money for the down payment on his hotyg. That is why he came here. fie never lost fbcus of it, He knew the American Dream and how it bee, iris. Rich Nesbit (Rich Nesbit is an Associate Broker with Bdt Realty of Treawe galley, which has a short We fore- closure center. The views and opin- ioro expressed heire are his own un- less olherwise noted. Ifyou have a question orcom- ment, contact him on his wth 3fte at wwwkich-'t,lesbiLcomandclick on the contact link, or call 'IM -249- 23-55.) City of Meridian, Idaho 57 201.0 .Action. Plan Meridian City Council Meeting DATE: August 10, 2010 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Public Works: Update on Meridian and Main Split Corridor Phase II MEETING NOTES I wa -V Ka 4 r, -1/itj CLERKS OFFICE FINAL A C TION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS EN DIAN�- Public � DI A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE: July 16, 2010 SUBJECT: UPDATE ON MERIDIAN AND MAIN SPLIT CORRIDOR - PHASE II I. DEPARTMENT CONTACT PERSONS Mayor Tammy de Weerd City Coansil Memberfo Keith Bird Brad Hoaglun Charles Rountree David Zaremba Tim Curns, Transportation and Utility Coordinator 489-0342 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 II. DESCRIPTION Background Over the past year, Public Works and Planning staff have been holding regular meetings with ACHD for the design of the Meridian and Main Split Corridor Phase 2. The venue has served as an important means to work through issues related to the design and to coordinate City utility work with the roadway project, which will be incorporated into an interagency agreement at a later date. Design is now essentially complete and right-of-way for the project will be purchased over the next two years. At this time, construction is still programmed to begin in 2013. Update on Roadway Design Adam Zaragoza, ACHD Project Manager, will be present at the Council workshop to highlight the main features contained in the design and to be available for any questions. Some of the items Adam will touch on are: 1 of 3 Features to note: o Pedestrian refuge island at City Hall o Removal of free -right from Main to Fairview o Islands at the railroad crossing o Drainage pond site behind Albertsons — Vacant parcels at the "Cross-over" Locations of total take parcels Lighting design by MDC Possibility of day -lighting Ninemile Creek Downtown Bicycle Connectivity Downtown Meridian serves not only as an attractant for cyclists, but as a link between employment to the south and housing to the north. The Downtown Meridian Transportation Management Plan speaks to the need to improve cyclist and pedestrian connectivity to the Downtown from surrounding areas. The ACED Roadways to Bikeways Plan has specifically identified needed bike lane and route improvements for Meridian Road, Main Street, E. 3rd Street and Ada Street. However, the Phase 2 Split Corridor design does not include any bicycle treatments. The need to accommodate cyclists riding both to and through Downtown is not currently addressed by the Project. Phase I of the Split Corridor Project did construct a multiuse pathway on the east side of Main Street from Central Drive to Franklin Road. Per the Downtown Meridian Transportation Management Plan (DMTMP), the cross-section for Meridian Road does not include bike lanes as the additional right-of-way requirements would have significant impacts to already impacted properties. City staff had requested ACHD consider extending the multiuse pathway along Main Street, north from the current terminus at Franklin. This option was deemed unsafe by ACHD staff due to the frequency of business driveways along Main Street. In an effort to find an alternative solution that addresses the needs of both casual and commuter cyclists, City staff proposes the following improvements be constructed in tandem with the Split Corridor project to create a complete project (see attached map): Widen deficient sidewalk and stripe bike lane on Main St from Franklin to Ada St Bike lanes on Main St from Ada to Broadway Bike route (bikes share travel lane) on Main St from Broadway to Fairview 2of3 Bike route from Main/Ada intersection, east on Ada, then south on E. 3`d to Franklin (to re-route bike traffic around one-way section) New "HAWK" signal at E. 3`d and Franklin o Requires sidewalk improvements along Franklin, from Storey Park entrance to E. 3`d City staff is seeking input from Council before making an official request to ACHD for the improvements listed above. Because the addition of the bike lanes on Main Street, between Broadway Ave and Ada Street would remove on -street parking, outreach was conducted with affected businesses. Staff will be sharing the results of the outreach to aid Council in decision making. III. LIST OF ATTACHMENTS A. Split Corridor Phase 2 — Proposed Bicycle and Pedestrian Facilities B. Roadway Improvement Overview Map Approved for Council Agenda: 3 of 3 Meridian City Council Meeting DATE: August 10, 2010 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Public Works: Dual Connection & Backflow Program Update MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 10, 2010 ITEM NUMBER: 8C PROJECT NUMBER: ITEM TITLE: Information Technology (I.T.): I.T. Policy Discussion MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Scope: Policy: Application Development Policy The City of Meridian utilizes a centralized IT Department model. This model is designed to standardize the service, support and costs of meeting the technology needs for the City of Meridian. This policy addresses application development needs of the City of Meridian. Application Development is the process of writing software to meet a business need rather than purchasing a developed solution. A list of currently supported software solutions used by the City of Meridian can be found in the Supported Software Standard. Application development is the sole responsibility of the Information Technology Department. Departments requiring custom solutions must go through the IT Department. Departments are prohibited from contracting, purchasing or developing software without the express approval of the IT Department. Departments may use Microsoft Access to develop small applications, provided the departments follow the City's naming and coding standards. Computer Hardware Replacement Policy Scope: To plan for the replacement and acquisition of computer hardware. Policy: The City has millions of dollars invested in technology. Much of this technology quickly becomes obsolete due to improvements with technology and software. In order for the City to operate efficiently, this policy outlines the plan for replacing equipment. The following schedule is used to replace hardware. All equipment will be replaced on this schedule. However, if a particular lot of equipment is problematic it may be necessary to replace equipment outside of the normal replacement cycle. Servers: 4 years or as needed Desktops and laptops: 5 years or as needed Printers and Projectors: 7 years or as needed When replacing hardware, the IT Department will re -use equipment in areas where it makes sense. Department's will not be allowed to retain replaced equipment; it will be at the sole discretion of the IT Department to re -use disposed equipment as they see fit. Replaced equipment will be disposed following City Asset Disposal policy. Once equipment has been funded for replacement, this equipment is ineligible for future replacement. If the City must re -use previously replaced equipment, the department must submit a new budget enhancement to receive funding to replace the asset a second time. All efforts should be made to plan for expansions of services and all resources required. Money will be spent as budgeted. Any savings between actual and budgeted amounts may be used to replace equipment which is broken or otherwise non- functional, rather than requesting a budget amendment. Budget savings will not be used to purchase additional equipment, without the approval of the Mayor. Scope: Policy: Database Policy Databases are structured collections of records. The records stored within the databases come from multiple sources, and are foundational to the continued operation of the City. This policy addresses issues related to database management, operations and security. Since the databases hold key information, it is imperative that this information is safeguarded to reduce the possibility of corruption, data loss and operational inefficiencies. This policy addresses database management, operations and security. For our purposes, management encompasses all aspects related to the creation, deletion, modification and storing of databases. Operations relates to the types, structure and use of databases. Security is control over access, permissions and use. This policy does not apply to using Microsoft Access for simple data analysis. Management: All databases developed by city staff or contractors must follow City's naming standards. These standards are found on the Intranet under the IT Department4Documentation. The only exception to this requirement is if the database is a Microsoft Access database and used by a single individual for data manipulation and analysis. Access to create or modify databases within our Microsoft SQL Server Environment is restricted to IT Staff. Departments may use tools within the Integrated Development Environments (IDEs), to manage their data, but must stay in compliance with City policy and standards. Operations: The City utilizes Microsoft SQL (MSSQL) for our primary database server infrastructure. In all cases, applications which use Microsoft SQL Server should be preferred over those which use another technology. MSSQL typically allows for easier integration and reporting of applications than do other alternatives. In no way does this limit the City to exclusively use only MSSQL. Rather, MSSQL should be used unless there is a compelling reason to go with another solution (i.e. sole source type application, price, etc). Reporting: The city will maintain a "Reporting" instance of Microsoft SQL Server. This reporting instance is used as a replica of the live data to provide "read-only" access for reporting purposes. This will allow staff access to historical information to create meaningful reports for management. Access to the reporting instance is authorized by mutual approval of the Department Director and IT Manager. Security: Maintaining auditable records is critical to data integrity. It is the primary responsibility of the IT Systems Administrator to manage database security. The City operates using the "least -privilege security model". Per this model, employees will be granted rights sufficient to access the resources necessary to do their job. Access to "live" data using database management tools will be limited to IT Staff. E-Mail POLICY Scope: E-mail has become the predominant method of communication. Our reliance on e-mail is such that without this communication it would be challenging to conduct day-to-day business This policy addresses appropriate use, access, retention and archival of e-mail. This policy operates in conjunction with City Policy 6.2.3. Electronic Mail. Policy: Access All City Employees are given access to an e-mail account when they begin their employment. Access is granted through the process of the HR Department notifying the IT Department of the start of employment of a new hire. Administrative employees e-mail will be retained within the e-mail archive and will not have a quota set on their mailbox size. Non -administrative staff, may have their e-mail archived, if requested by their Department Director, otherwise it will be left to the discretion of the IT Manager. Non -administrative employees are those employees who operate in positions that are minimally dependent on use of the City's computer network. Examples of these positions are Parks Maintenance workers, Waste Water Plant works and Fire Fighters. Non -administrative employees will be given an e-mail storage quota large enough to maintain routine communications. This quota will be set by the IT Department Manager. Volunteers Volunteers are individuals who work with the City to provide services to the city without receiving a monetary payment. Occasionally volunteers will require an e-mail account to perform their tasks. By default volunteers will not be given a city e-mail account. If an e-mail account is required, the Department Director must submit a request through the case management system. The request must include the first and last name of the individual, and the period for which the e-mail account will be required. If the ending date is not known, that should be identified in the request. It is the responsibility of the Department Director to ensure that volunteers are aware and follow City policy as to the use of electronic mail. It is also the responsibility of the Department Director to notify the IT Department when the volunteer discontinues their service to the city. Notification should be done using the Case Management system. Volunteers will be provided a mailbox quota as determined by the IT Department. Volunteers will not have their e-mail archived, unless specifically requested by the Department Director. Employee Separations When an employee terminates their employment with the City of Meridian, the HR Department is responsible for notifying the IT Department. Once the employee terminates, the IT Department will notify the Department Director or Managing supervisor of the terminated staff to determine the disposition of the e-mail. The IT department is willing to create a temporary file for the Supervisor to allow them to review the e-mail of the departed employee. For employees whose mail is retained in the e-mail archive, it will continue to be retained until the disposition date as identified in the City's Record Retention policy. The Supervisor or Director may request an e-mail forward and/or out of office message be placed on the e-mail account of the departed employee. Forwards and messages will be kept on the account for a maximum of two weeks. Acceptable Use Employees are not to use personal e-mail accounts to conduct City Business. The City applies rules to ensure these sites are blocked during regular business hours. Employee e-mail should be used to conduct City Business. Users of City e-mail accounts are not to use personal slogans, backgrounds, emoticons, images or any other item not endorsed by the City of Meridian. Employees are not to use e-mail for the purpose of soliciting personal business, fund raising, campaigning or other reasons not related to conducting City business. Employees must have the approval of their Department Director prior to sending out an e-mail city-wide. Violation of Policy If the IT Department determines that an employee has used their e-mail account inappropriately, the IT Department may disable that users e-mail account while an investigation takes place. Scope: Policy: Enterprise Application Policy Enterprise Applications are software products designed to integrate computer systems that support the operation of business units. These systems are designed to increase internal coordination of work and cooperation across an enterprise. These products facilitate the integration of core business operations and processes, including accounting, finance, human resources, building services, code enforcement, inspections development services, parks, water and wastewater management. This policy sets minimum standards which must be met when purchasing software. Whenever possible these standards should be followed, unless circumstances are such that it is not feasible. In these instances, approval to deviate from these standards is granted by mutual approval of the IT Manager and Department Director (if applicable). Database uses Microsoft SQL Server Web Server must support IIS Installed on a Microsoft Windows Server Other optional, but preferred features: Microsoft Active Direction integration Optimized to work in a Virtual Environment Technology Internet Access Policy Scope: Applies to all Internet access from City networks and using City -owned equipment. Policy: The City reserves the right to filter, monitor and/or block internet access to any device or person utilizing the City's network. 1) Internet access may be "filtered". 2) Access shall be limited or blocked based upon categories or protocols. 3) Employees are limited to using ports required to access web pages (i.e., port http/80 & https/443). 4) Employees are prohibited from using tools which allow remote control of other pc's. GoToMyPC, LogMeln, pcTELECOMMUTE, etc. 5) Employees are prohibited from using proxy servers, web sites or tools designed to circumvent security. 6) Employees are prohibited from granting remote control of their computer to others without prior written authorization from the IT Department. Violation of this policy may result in disciplinary action, including but not limited to loss of access, suspension and termination. This is addressed further in City Policy: (6.2.4) Network Security Policy Scope: This policy addresses the requirements for attaching computers, devices, and other networks to the City's network. Policy: The City maintains a private network, comprised of resources necessary to operate City systems. Only city owned computer equipment has direct access to our private network. Other disparate systems may be granted limited access to the private network at the discretion of the IT department, depending on the needs of the City. Personal equipment may not be attached to the City's private network. (See Personal Equipment Policy) Limited internet access is provided at some locations using a guest wireless network. This should be sufficient to allow most visitors to access the resources required while visiting our site. Guest users may also connect their laptops to projectors in "public" conference rooms, without the need to attach to our network. If computer resources are required which are only accessible via the city network, departments may check out a city owned laptop for that purpose. However, only city staff will have the ability to log on and use that equipment. PERSONAL EQUIPMENT POLICY Scope: The policy distinguishes employee owned equipment from City -owned equipment. Policy: Personal equipment is anything which is owned by the employee rather than the City. Personal computer equipment may be attached to a user's City owned computer for business purposes, however they may not be connected directly to the network. (See Network Security Policy) Personal devices that are permitted include flash drives, pdas, and cell phones. Personal laptops, computers, or devices that provide connectivity to other networks (including the internet) are not to be connected to City owned computers. Employee owned cell phones, which use the Blackberry service, where such service is reimbursed by the City, may attach to the BES (Blackberry Enterprise Server). Any additional support for the phone should be provided by the cell phone provider. (i.e. Sprint, Verizon, AT&T, Nextel, T -Mobile, etc...) Nothing in this policy shall be construed as requiring the City to provide technical support or assistance to equipment owned by the employee rather than the City. This includes but is not limited to flash drives, mp3 players, smart phones, pdas, laptops, etc. All devices attached to our network are subject to�security scans. If you attach a personal Deleted: a device to our network and the device is damaged or the files are deleted, the City is not liable; you attach these devices at your own risk. It is the employees responsibility to ensure that prior to connecting personal equipment to the City's network they have the approval of their Director/Supervisor. Failure to get approval may result in disciplinary action, including and up to termination. Printer Policy Scope This standard applies to any printer, copier or multi -function device. A multi -function device is one which provides printing in conjunction with scanning, copying and/or faxing. Policy Prior to purchasing any printing device you must contact IT to ensure the device under consideration meets the City's standards and can be supported. A complete list of printer standards is found on the Intranet ->Information Technology-->Documentation->Printer Standards. Software Selection Policy Scope: Software is a general term used to describe an application or program used on a computer. Software represents a considerable expense to the city whether the software is built in house or purchased off the shelf. In addition, the City has already made a considerable investment in existing technologies. This policy identifies the required steps prior to purchasing software or replacing existing software. Policy: This policy defines the software selection process required to purchase software. This policy does not apply to upgrades of existing software. Upgrades refer to software which the city currently owns, and the vendor of the said software is merely adding additional features or functionality in a newer version (i.e. version 6.1 to 7.0). The Software Life Cycle is made up of five phases, Analysis, Design, Implementation, Testing and Maintenance. The Information Technology Department must be included in the Analysis phase of any software project. Software costs go well beyond the initial purchase price. Other costs which must be considered when purchasing software is analysis, design requirements, training, data migration, support and integration with existing technologies and displacement of existing applications. Prior to any web demos or other evaluation processes, the requesting Department is required to complete the Software Selection Form, which is located on the City Intranet. This form is used to identify the need, ensure alternatives have been identified and known deficiencies with the current application documented. In addition, if software will require a budget enhancement, this form must be submitted to the Information Technology Department for a recommendation, prior to the enhancement going to Finance or before Council. Too many times change is requested due to preference rather than a sound business reason. The City should never change out a software application due to employee preference. This is especially true when the city currently owns a software package which serves the purpose. Employees should be trained and required to learn existing software. The software selection process and analysis should be commensurate to the cost of the existing software the city owns and the cost of the new software. That is, if the software cost $300 the analysis process would be much smaller than if the software cost $30,000. Technology Procurement Policy Scope: This policy applies to all City Technology purchases that require integration with computer systems, applications or technology infrastructure. Policy: All technology purchases must conform to IT Standards, and go through an evaluation process. Only technologies approved by the City Technology Department may be purchased. Departments should consult with the IT Department prior to making technology purchases to ensure compliance. The following categories (and components thereof) are considered Information Technology Commodities for procurement purposes: Computer Peripherals (Keyboards, Mice, Monitors, etc.) Computers (desktop, laptop, toughbook, PDA, etc.) Computer Hardware Upgrades (RAM, video cards, optical drives, etc.) Digital Audio Recorders Digital cameras and projectors Digital Video Recorders Global Positioning System ("GPS") devices Imaging system document scanning devices Network multi -function devices (e.g., copiers, scanners) Networking equipment (e.g., routers, switches, management and access control devices) and software Physical security equipment and software Printers Proximity Cards Readers Security Cameras Servers (replacements or upgrades) Software Maintenance Software/Applications All equipment must meet applicable City standards. User Account Policy Scope: This policy addresses the addition and deletion of user accounts. Policy: New Hires Upon notification from the HR Department, a user account will be created for all new employees. By default these employees will be given general computer access, which includes access to the intranet, internet, public file shares, timesheet application and e- mail. The account will become active on the date the employee begins their employment. Passwords for new accounts will be provided directly to the employee or employee's supervisor. The initial password provided will be temporary and must be changed once the employee logs into the network. Request for employee access to applications or resources beyond those provided to all employees must be submitted by the employee's manager/supervisor using the City Case Management software "New Employee Resource Request" form. Access will be granted Deleted: based on the resource owner's approval and per the Application Access Policy. Employee Separations When an employee terminates, IT should be given as much advance notice as possible to ensure that resources are no longer available when the employee leaves. Employee accounts will remain in a "disabled" state for a maximum of 30 days, at which point the account will be deleted from the system. It is the responsibility of the employee's manager/supervisor to notify IT of any resources which may be required of the terminated employee. Mainly these are files stored in the user's home drive. For employees which e-mail is archived, employee e-mail will be retained under the "City of Meridian's record retention policy." Under no circumstance will an account remain active after an employee has separated from the City. Administrative Leave When an employee is placed on administrative leave, the HR department must notify the IT Department immediately to ensure the account is disabled. The IT Department can place an "out of office" message on the account, until the leave is complete. VPN POLICY Scope: Virtual Private Network (VPN) is the primary method used to join to disparate networks. The way this works is that through the use of software or a hardware appliance a connection is made that allows these two networks to talk. For security purposes the VPN tunnel is encrypted to keep the session confidential. Due to the way a VPN works, it can present a security risk. In order to mitigate the risk, it is imperative that users with VPN access take the utmost care to ensure everything is secure. This policy defines the purpose, use, security and privileges for VPN access to the City's network. Policy: Public vs. Private A private location is one where the computer is in a secure location (i.e. home), where only you or someone else known to you has access to that machine. A public location is one where people not known to you also have access to that same machine (kiosk, internet cafe, etc.). When using the VPN from a public location, it is the duty of every user to take steps to ensure that the security of the City is protected. Users must not share their passwords (as per the Password Policy) or leave the computer without terminating their session. When using a machine in an internet kiosk or other location where unknown people could access the machine, users should clear their internet cache before walking away. VPN Access Approval: VPN access is restricted to City Staff. Request to receive VPN access must be submitted by the requesting Department Manager or Director using the Case Management system and signed -off by the IT Manager. Account Expiration: In order to maintain an active account on the VPN a user must login at least 2 times in a 90 day period. Failure to login the minimum number of times during any 90 day period may result in the account expiring. Meridian City Council Meeting DATE: Auqust 10, 2010 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: Planning Department: Letter to Ada County Regarding Proposed Development on the Northeast Corner Chinden and Linder (Eagle Island Marketplace) MEETING NOTES e JA CTL,-& CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mayor Tammy de Weerd City Council Members: E IDIAN Keith Bird 1 � Brad Hoaglun Charles Rountree I DA H ® David Zaremba August 3, 2010 Ada County P&Z Commission and County Commissioners CJ C/O Megan Johnson, Associate Planner Ada County Development Services , o 200 W. Front Street Boise, ID 83702 ' I Dear Planning and Zoning Commission and County Commissioners, The City of Meridian would like to take this opportunity to provide some background information regarding the proposed development of Eagle Island Marketplace (file no. 2101000571-CPA/DA/MSP/S/AC). Our opposition to the submitted application is based on two key issues: 1) proposed access to State Highway 20/26 at a location inconsistent with the corridor study recommendation of the half mile; and 2) the proposed sewer infrastructure being in the future corporate boundaries of the City of Meridian, along the same area Meridian's master plans call for a service line for our citizens. This developer originally considered development in the southwest corner (instead of northwest corner) of the intersection of US 20/26 and Linder Road. During that consideration, City staff informed the developer of the half -mile access spacing restrictions on US 20/26 aka Chinden Boulevard. The City staff informed the developer that in addition to seeking ITD access approval, they would also need to apply for and obtain a variance from Meridian City Council for access to Chinden Boulevard. As part of a variance application, we asked that an overall access plan for all four corners be submitted, necessitating working with the other land owners. We were hopeful that the owners and developers could work together to form a specific plan that gave equity to each landowner and maintained a transportation corridor that served the motoring public as well. In the face of these necessary approvals to move forward within the City of Meridian, the developer then sought out the northwest corner. Since that time, the developer obtained an access permit from ITD for their property for a full -access driveway for two years, transitioning to a right -in, right -out only after that time. We explain this to show that the City is serious about access along Chinden Boulevard and hope you will be too. We believe that regardless of which city or county this project occurs, the access restrictions along Chinden Boulevard should be enforced; or if this developer insists on pursuing access, an access plan for all four corners should be submitted and approved by ITD before any land use approval is granted. Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 ■ Fax 208-884-8zz6 . www.meridiancity.org Ada County Development Services Page 2 A significant amount of time, effort and other resources have been spent on studying and developing an access management and corridor preservation plan for Chinden Boulevard. The US 20/26 (Chinden Boulevard) studies and plans have identified cross-sections and local road circulation plans that will provide for an optimal capacity on this highway, while having a minimal impact on businesses and residences. In response to this study, the City of Meridian amended our development codes to also only allow access at the half mile and prohibit it at all other locations. The City has implemented our code and prohibited access to development that requested access at locations in this area other than the one half mile. The City of Meridian City Council understands the business decision by the Eagle Island Marketplace developer and his tenants to move outside the Meridian area of city impact. However, the City of Meridian has, thus far, been able to approve developments with access and interior roadway networks that are consistent with the US 20/26 Study that was adopted in 2008 by the COMPASS Board. These developments have accepted these restrictions with the understanding and expectation that all developments along this corridor would have the same restrictions. We are now, unfortunately, in the untenable position of having a property with an unfair competitive advantage on one of the four corners and the potential litigation that could follow. To address this issue, the Mayor recently called a meeting of all property owners in the Chinden Boulevard/Linder Road vicinity. The goal of that meeting was to create equity for all affected parties. At that meeting the Mayor indicated that the City would not support access to Chinden Boulevard unless and until ITD has approved an appropriate and fair access plan for all four corners of the intersection. Although there has been some work on such a plan, it is not yet in place. Furthermore, the applicant is requesting to put a forced main sewer connection on the south side of Chinden Boulevard. This placement directly conflicts with our sewer master plan which has large gravity mains in the easement corridor. The City of Meridian must preserve the corridor and easement for the 16 -inch diameter Boise River Outfall Pipeline along the south side of Chinden Boulevard to Linder Road and along Linder Road going north to the Boise River. The City requests that all utilities related to this development be placed on the north side of Chinden Boulevard to preserve the utility corridor on the south side of Chinden Boulevard for future Meridian development. In light of these facts, the City of Meridian respectively requests that Ada County not approve a utility plan for this development with facilities on the south side of Chinden Boulevard. We also request that you not grant the requested access to Chinden Boulevard by placing a restriction on the plat. The subject property has several hundred feet of frontage on Linder Road and does not need direct access to the State highway. As a less preferred alternative, the City requests that you deny the rezone application if that is the only means to affect the access control. At a minimum, the City requests that you continue this application until an access plan for the four corners can be put in place and approved by ITD. Ada County Development Services Page 3 Sincerely, Tammy de Weerd David Zaremba Brad Hoaglun Mayor Council President Council Vice President Charles Rountree Council Member cc: Megan Johnson, Associate Planner Keith Bird Council Member Moddian City Cbuncii Moogfig DRAFT Police Department Report, 8-10-10 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING CHAPTER 4, TITLE 3 OF THE MERIDIAN CITY CODE, RELATING TO OUTDOOR SALES AND TEMPORARY USES: MOBILE SALES UNITS; TEMPORARY USES; AND CITIZEN'S USE PERMITS; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, by the adoption of Ordinance nos. 08-1354, 08-1371, 08-1356, and 09-1430, the City Council of the City of Meridian has instituted a procedure by which outdoor sales and temporary uses occurring in the City of Meridian are required to meet minimum standards for the purpose of protecting the health, safety, and welfare of Meridian residents and other participants in such outdoor sales and temporary uses; WHEREAS, the permitting procedure and standards have been found to encourage outdoor sales and temporary uses that complement permanent City of Meridian businesses; that are safe, attractive, and desirable; that add variety to the shopping and/or dining opportunities available in Meridian; and that support and facilitate community events and celebrations; WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth herein are intended to improve and refine the processes and standards established therein, specifically: (1) As to City of Meridian Mobile Sales Unit Licenses, to clarify which aspects of an applicant's criminal history will disqualify such applicant from approval and to avoid regulation of insurance producers pursuant to an opinion of the Idaho Attorney General's Office that such regulation is preempted by Idaho Code section 41-405(2); (2) To clarify that, in keeping with Gibson v. Ada County Sheriffs Dept., 139 Idaho 5 (2003), a City Council decision regarding denial or revocation of a City of Meridian Mobile Sales Unit License, Temporary Use Permit, or Citizen's Use Permit shall be a final decision, and shall not carry a right of appeal to District Court; (3) To add a requirement that licensees utilizing a motor vehicle while acting or operating as a Mobile Sales Unit must carry current insurance on such vehicle; (4) To waive the application fee for a City of Meridian Temporary Use Permit where such permit is sought for any school fundraising activity, without limitation to car washes and ensure consistency in fee exemptions; (5) To clarify that just as persons or businesses operating under a City of Meridian Temporary Use Permit for a Special Event do not also require a separate City of Meridian Mobile Sales Unit License or Temporary Sales Unit TUP, though the same may be required absent the Special Event TUP; and (6) To provide that off street parking at the site of a Temporary Use must be adequate to serve both that temporary use, principal permitted uses, and other permitted temporary uses operating at that site; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 1 OF 38 DRAFT Police Department Report, 8-10-10 Section 1. That Title 3, Chapter 4 of the Meridian City Code is repealed, and shall be replaced with language to read as follows: CHAPTER 4 OUTDOOR SALES AND TEMPORARY USES 3-4-1: DEFINITIONS: For purposes of this chapter, the following terms shall be defined as follows: A. FIRST AMENDMENT ACTIVITY: Any and all expressive and associative activity that is protected by the United States and Idaho Constitutions, including speech, press, assembly, and/or the right to petition. This definition shall not include activity that damages, harms or injures persons or property. B. GARAGE SALE: The sale, offer for sale, offer for trade, offer free of charge, or display for the purpose of selling, trading, or offering, of one (1) or more items of used or unwanted tangible personal property, including, but not limited to: clothing, household effects, tools, toys, recreation equipment, or other used or second-hand items customarily found in or about the home; where such sale, trade, offer or any portion thereof occurs outdoors or where any goods offered for sale or trade are displayed outdoors; and such sale, trade, offer or any portion thereof occurs at a residence or residential property. This definition shall include yard sales, basement sales, attic sales, moving sales, tag sales, rummage sales, and other such sales known by terms which are synonymous with the term GARAGE SALE. This definition shall not include, and this section shall not apply to, sales specifically authorized by and conducted in conformity with statute or judicial order or conducted under judicial supervision, including, but not limited to, estate sales. C. GOODS: Tangible personal property, products, produce, food, or merchandise sold, offered for sale, offered for trade, offered free of charge, or displayed for the purpose of selling, trading, or offering. This definition shall also apply to personal property, products, or merchandise that is offered or displayed to be sold, traded, offered, or delivered at another time or location, or that serves as a sample of that to be sold, traded, offered, or delivered at another time or location. This definition shall not include fireworks. D. MOBILE SALES UNIT: 1. A traveling, and/or door-to-door commercial or retail establishment, enterprise, facility, and/or any agent or representative thereof, from which or whom, at which or whom, or by which or whom goods and/or services are sold, traded, given away; offered for sale, trade, or giveaway; displayed for the purpose of sale, trade, or giveaway; or delivered pursuant to such sale, trade, or giveaway; and which or whom: a. Does not remain within any 300 -square -foot area for more than two (2) consecutive hours within any twenty -four-hour (24-hour) period; and b. Is neither located on the premises of, nor physically attached to, any permanent proprietor, except when parking or stopping temporarily in order to conduct a sale, trade, giveaway, offer, display, or delivery. 2. A MOBILE SALES UNIT may travel and/or consist of any form of conveyance or transport, AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 2 OF 38 DRAFT Police Department Report, 8-10- I 0 including, but not limited to, by foot, vehicle, trailer, cart, wheeled or other container, or other form of offering, displaying, or storing goods and/or services. 3. This definition shall not include FIRST AMENDMENT ACTIVITY on public or private property. 4. This definition shall not include the delivery of goods or services to a residence or place of business pursuant to a sale, trade, giveaway, or order previously transacted or placed with a commercial or retail establishment, enterprise, facility, and/or any agent or representative thereof which is not traveling and/or door-to-door. 5. This definition shall not include an "insurance producer," as such term is defined bX Idaho Code, where such person holds a current valid State of Idaho license for such activity. E. ORGANIZER: The person who coordinates and/or promotes one or more vendors, activities, and/or venues in order to create or produce an Outdoor Market or Special Event, and/or the applicant in whose name a City of Meridian Temporary Use Permit for an Outdoor Market or Special Event is held. F. OUTDOOR MARKET: The sale, offer for sale, offer for trade, offer free of charge, or display by any person or persons for the purpose of selling, trading, or offering, of one (1) or more items of produce, food items, arts, crafts, new or used tangible personal property; where such sale, trade, offer or any portion thereof occurs: 1. Outdoors or where any goods offered for sale or trade are displayed outdoors; and 2. On public property or on property accessible by the general public; and 3. Within 300 feet of any other person or persons selling, trading, or offering one (1) or more items of produce, food items, arts, crafts, new or used tangible personal property. This definition shall include outdoor farmer's markets, outdoor flea markets, and outdoor arts, crafts, and/or hobby markets. This definition shall not include FIRST AMENDMENT ACTIVITY on public or private property. G. PERMANENT PROPRIETOR: The owner or occupant of real property at which such owner or occupant conducts an approved conditional or principal permitted use as such uses are defined in the Meridian Unified Development Code. H. PROMOTIONAL SALES UNIT: An outdoor or open-air commercial or retail facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which: 1. Remains within any 300 -square -foot area for more than two consecutive hours within any twenty-four hour period; and 2. Is located on the premises of, or physically attached to, a permanent proprietor; and is operationally related or identical to such permanent proprietor. A PROMOTIONAL SALES UNIT may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services. I. PROPERTY: Any tract of contiguous land held in single ownership. J. SERVICES: Work or labor that is offered, sold, or undertaken in exchange for money, goods, AUGUST 20 10 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 3 OF 38 DRAFT Police Department Report, 8-10-10 or services or that is offered or undertaken free of charge. This definition shall also include work or labor that is to be offered, sold, or undertaken at another time or location, or that serves as a sample or demonstration of work or labor to be offered, sold, or undertaken at another time or location. K. SPECIAL EVENT: 1. A planned or foreseeable commercial, recreational, or expressive activity or gathering of persons which: a. Changes, attempts to change, or has a tendency to change the typical use of publicly accessible land or facilities, or the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, sidewalks, or other publicly accessible areas; and b. Takes place, whether entirely or partially: (1) On a street or sidewalk located within the City and will likely result in some or total obstruction of such streets or sidewalks; or (2) On any other property, whether public or private, but requires for its successful execution the provision and coordination of City services to a degree over and above that which the City normally provides; or (3) On or in any area open to the public. 2. SPECIAL EVENTS may include, but shall not be limited to: a. Parade, procession, organized movement, or motorcade, consisting of persons, vehicles, or a combination thereof; b. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil which involves the expression of opinions or grievances of persons for a common purpose; c. Performance, presentation, ceremony, concert, or exhibit; d. Athletic competition, race, or contest involving sports, games, or exercises; or e. Community or neighborhood celebration, gathering, or block party. 3. The definition of SPECIAL EVENT shall not include: a. An activity held solely on private property not accessible by the general public and which neither requires the provision and coordination of City services to a degree over and above that which the City routinely provides nor compromises the ability of the City to respond to a public safety emergency; b. An activity, including FIRST AMENDMENT ACTIVITY, occurring on streets or sidewalks within the City or in or on City property, where such activity neither results in the obstruction of streets or sidewalks, nor requires the provision and coordination of City services to a degree over and above that which the City routinely provides, nor compromises the ability of the City to respond to a public safety emergency; c. Funeral processions; or d. Programmed activities provided or managed by the City. L. SUBDIVISION MODEL HOME: A dwelling which serves as an exhibit or example of dwellings constructed or to be constructed within the subdivision in which such model home is located. Where a dwelling is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, the definition of SUBDIVISION MODEL HOME shall apply. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 4 OF 38 DRAFT Police Department Report, 8-10-10 M. SUBDIVISION REAL ESTATE SALES OFFICE: A structure from which lots and/or dwellings are sold, rented, or offered for sale or rent, where such structure is located in the subdivision containing such real estate. Where a structure is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, the definition of SUBDIVISION MODEL HOME shall apply. N. TEMPORARY SALES UNIT: An outdoor or open-air commercial or retail establishment, enterprise, or facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which: 1. Remains within any 300 -square -foot area for more than two consecutive hours within any twenty-four hour period; and 2. Is not located on the premises of, nor physically attached to, any permanent proprietor. A TEMPORARY SALES UNIT may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services. This definition shall not include the sale of fireworks. O. TEMPORARY SIGN: A sign, and/or any device, fixture, placard, or structure which: 1. Uses any color, form, graphic, illumination, symbol, or writing to identify, promote, advertise, or direct patrons to a TEMPORARY USE; and 2. Is not permanently mounted or secured. This definition shall be limited in its application to TEMPORARY SIGNS regarding TEMPORARY USES as defined in and regulated by this chapter, and shall not apply to signs defined in and regulated by other provisions of City Code, including, but not limited to, temporary and/or permanent signs regulated by the Meridian Unified Development Code. P. TEMPORARY USE: The carrying on, for a determinate and transitory period of time, a use of, at, or upon real property, including, but not limited to, the sale, trade, offer, delivery, or display of goods or services, where such use is not the approved conditional or principal permitted use designated for such real property as defined and regulated by the Meridian Unified Development Code. TEMPORARY USES shall include, but shall not be limited to, SUBDIVISION MODEL HOMES, SUBDIVISION REAL ESTATE SALES OFFICES, PROMOTIONAL SALES UNITS, TEMPORARY SALES UNITS, SPECIAL EVENTS, OUTDOOR MARKETS, and GARAGE SALES. The definition of TEMPORARY USE shall not include City management and/or permitting of City facilities or usages otherwise governed by City ordinance or policy. Any TEMPORARY USE established or operated within a park or facility operated by the City of Meridian Parks and Recreation Department shall be deemed to be either a SPECIAL EVENT or OUTDOOR MARKET. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 5 OF 38 DRAFT 3-4-2: MOBILE SALES UNITS: Police Department Report, 8-10-10 A. License and/or permit requirements. It shall be unlawful for any person to operate, allow the operation of, or act as a MOBILE SALES UNIT without each and all of the following licenses, permits, and/or certifications: 1. Any and all licenses, permits, and/or certifications required by local, state or federal law. 2. Any and all licenses, permits, and/or certifications required by the Central District Health Department. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. 4. Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. 5. A City of Meridian Mobile Sales Unit License. a. Application for a City of Meridian Mobile Sales Unit License shall be made to the City Clerk, and shall include the following: (1) A completed application form provided by the City Clerk, which form shall include: (a) Applicant's name, physical address, mailing address, driver's license number, and social security number. (b) A description of the goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered under the Mobile Sales Unit License. (c) A description of the form of conveyance or transport to be used in the MOBILE SALES UNIT's operation, traveling, and/or conduct of sales, trades, giveaways, offers, displays, and/or deliveries. (d) A description of any and all motor vehicles to be used by the MOBILE SALES UNIT, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). (e) A description of the hours, locations, and means at and by which the MOBILE SALES UNIT will operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries. (f) A comprehensive listing of any infraction, misdemeanor and/or felony convictions; probation violations; or forfeitures of bail by or of the applicant. (g) An agent upon whom service of process may be made in the State of Idaho. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 6 OF 38 DRAFT Police Department Report, 8-10-10 (2) Application fee as set forth in the fee schedule of the City Clerk's Office, except that no application fee shall apply where applicant is or represents: (a) A nonprofit organization exempt from federal income tax under 26 U.S.C. section 501(c); or (b) A governmental entity. (3) Two (2) photographs of the applicant. Such photographs shall be two inches by two inches and shall show the head and shoulders of the applicant in a clear and distinguishable manner. (4) A photocopy of applicant's driver's license or other government -issued identification document. (5) Fingerprints, taken by the Idaho State Police, of the applicant. (6) Proof of motor vehicle insurance if the applicant seeks to operate a motor vehicle while operating or acting as a MOBILE SALES UNIT. (7)(6) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the Mobile Sales Unit License. Such insurance shall name the City as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $100,000.00 per occurrence property damage. b. Upon receipt of all application materials required by this section, the City Clerk shall refer the application to the Chief of Police, who shall cause an investigation to determine the validity and completeness of the information therein. The Chief of Police or his designee shall endorse upon the application the findings of the investigation and return it to the City Clerk. c. Upon receipt of the findings of the Chief of Police or his designee, but no later than twenty-one (21) calendar days from the date of submission of the completed application and all application materials required by this section, the City Clerk shall either issue a City of Meridian Mobile Sales Unit License to the applicant or deny the application. Where the City Clerk denies an application for a City of Meridian Mobile Sales Unit License, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. d. The City Clerk shall deny an application for a Mobile Sales Unit License where: AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 7 OF 38 DRAFT Police Department Report, 8-10-10 (1) The application is incomplete or required application materials or fees have not been submitted; (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; (3) The applicant is has been convicted o£ goods or sefviees. (a) A violation of any provision of Title 4 Chapter 3 Section 2 Meridian City Code within the five (5)years preceding the date of submission of the application. (b) Reckless driving eluding a police officer, racing and/or failure to carry insurance within the five (5) years preceding the date of submission of the application except that such conviction shall not be grounds for denial where the applicant does not seek to operate a motor vehicle while operating or acting as a MOBILE SALES UNIT. (c) A misdemeanor chargee of driving under the influence of alcohol or drugs within the five (5) years preceding the date of submission of the application, or a felony charge of driving under the influence of alcohol or drugs within the ten (10) years preceding the date of submission of the application, except that such conviction shall not be grounds for denial where the applicant does not seek to operate a motor vehicle while operating or acting as a MOBILE SALES UNIT. (d) Any misdemeanor charge involving theft or fraud within the five (5) years preceding the date of submission of the implication or any felony charge of theft or fraud within the fifteen (15) years preceding the date of submission of the application. (e) A misdemeanor charge of battery, assault domestic battery or assault, telephone harassment stalking, or violation of a protective order within the five (5) years preceding the date of submission of the application, or a felony chargee of battery, assault domestic battery or assault telephone harassment stalking or violation of a protective order within the ten (10) years preceding the date of submission of the application. (f) Any crime involving or related to firearms or other weapons. (g) Any crime involving, or related to a child or children elderly persons, and/or other vulnerable persons. (h) Any crime involving or related to,prostitution indecent exposure obscene conduct or other sexual conduct or activity. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 8 OF 38 DRAFT Police Department Report, 8-10-10 (i) Any crime involving or related to drugs or illicit substances. (4) The applicant is or at any time has been required by any law or legal order to register as a sex offender. e. Appeal of the City Clerk's issuance or denial of an application for a Mobile Sales Unit License may be made by any person. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person within fourteen (14) days of such issuance or denial. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision, f. The City of Meridian Mobile Sales Unit License shall include, on its face: (1) The name of the individual licensed to operate or act as a MOBILE SALES UNIT within the City under such license; (2) A description of the goods and/or services that may be sold, traded, given away, offered, displayed, and/or delivered under such license; (3) The hours, locations, and means at and by which the MOBILE SALES UNIT is licensed to operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries under such license; and (4) The dates during which such license is valid. Unless earlier revoked, such license shall expire three hundred sixty-five (365) days following the date of issuance. g. A City of Meridian Mobile Sales Unit License shall not be required for: (1) FIRST AMENDMENT ACTIVITY on public or private property. (2) A MOBILE SALES UNIT that is invited to the premises or place at which goods and/or services are sold, traded, given away, offered, displayed, or delivered, where such invitation is extended by the occupant or owner of such premises or place. Such invitation may be extended explicitly by such occupant or owner, or may be extended implicitly by such occupant or owner by such occupant or owner's transaction of business with such Mobile Sales Unit within the previous three hundred sixty-five (365) days. Such invitation may be revoked by such occupant or owner by explicit communication only, and shall be effective immediately, whether conveyed orally or in writing. (3) Any sale, trade, gift, offer, or display required by court order or by law. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 9 OF 38 DRAFT Police Department Report, 8-10-10 (4) The occasional sale by local school students of admission to a function of their school or of goods or services in support of a school program. h. The City Clerk may revoke a Mobile Sales Unit License where: (1) A term or condition of the license is violated by the licensee. (2) In the course of operating or acting as a MOBILE SALES UNIT, the licensee violates a provision of this Chapter or of any other local, state, or federal law. (3) It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. (4) The licensee is convicted of—any &ugs, of i1heit substanees; of theft, ffa�ud, or- illegA sales of any go Reckless driving, eluding a police officer, racing and/or driving under the influence of alcohol except that such conviction shall not be grounds for revocation where the applicant is not approved to operate a motor vehicle while operating or acting as a MOBILE SALES UNIT. Any charge involving theft or fraud. (c Batted assault domestic battery or assault telephone harassment stalking, or violation of a protective order. (�b Any crime involving, or related to firearms or other weapons. D Any crime involving, or related to a child or children elderly persons, and/or other vulnerable persons. f� Any crime involving, or related to prostitution indecent exposure obscene conduct or other sexual conduct or activity. Any crime involving or related to drugs or illicit substances. (5)(6) The licensee is required by any law or legal order to register as a sex offender. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Mobile Sales Unit License application. Such revocation shall be effective immediately upon mailing by the City Clerk. i. Appeal of the City Clerk's revocation of an application of a Mobile Sales Unit License may be made by the licensee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person within fourteen (14) days of such revocation. Upon receipt of such appeal, the AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 10 OF 38 DRAFT Police Department Report, 8-10-10 City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision; visions-of a, and may be appeal—edte Di et Couf t-e�ffftg tleu�,W Pro e. B. Time of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT at a time of day that is outside the scope of a valid, current Mobile Sales Unit License. 2. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT upon a date that is outside the scope of a valid, current Mobile Sales Unit License. C. Place of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT at a location that is outside the scope of a valid, current Mobile Sales Unit License. 2. It shall be unlawful for any person to park any vehicle or mode of conveyance utilized in the operation or activity of a MOBILE SALES UNIT in violation of any generally applicable provision of Meridian City Code or local, state, or federal law. 3. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT or allow such operation or activity in any area of the City or in any manner prohibited by the Meridian Unified Development Code. 4. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT or allow such operation or activity in or on any City building, or City property other than a City Park, without the prior written or recorded consent of City Council. D. Manner of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT if any required license, permit, and/or certification required for such operation or activity is expired or is not valid and current for any reason. 2. If the MOBILE SALES UNIT is or utilizes a motor vehicle or other mode of transportation, a valid and current Mobile Sales Unit License shall be exhibited in a conspicuous place on such vehicle or other mode of transportation at all times during such operation or activity. Otherwise, a valid and current Mobile Sales Unit License shall be kept on the licensee's person at all times during such operation or activity and shall be exhibited at any time upon request of any person. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT if a Mobile Sales Unit License is not exhibited as required by this section. 3. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT where such person is not specifically licensed under a valid, current Mobile Sales Unit License. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 11 OF 38 DRAFT Police Department Report, 8-10-10 4. It shall be unlawful for any person operating or acting as a MOBILE SALES UNIT to sell, trade, give away; offer for sale, trade, or giveaway; display goods or services for the purpose of sale, trade, or giveaway; or deliver goods or services pursuant to such sale, trade, or giveaway goods or services that are outside the scope of a valid, current Mobile Sales Unit License. 5. It shall be unlawful for any person operating or acting as MOBILE SALES UNIT to operate a musical instrument or amplification device from such MOBILE SALES UNIT where such music or sound is audible beyond fifty feet (50') of the source of such music or sound. 6. It shall be unlawful for any person operating or acting as a MOBILE SALES UNIT to: a. Misrepresent his or her purpose or affiliation; b. Continue communications with a potential customer regarding a sale, trade, giveaway, or offer thereof after such customer has stated that he or she does not wish to participate in such transaction or further communicate with such MOBILE SALES UNIT. c. Represent the issuance of any license under this Chapter as an endorsement or recommendation of such licensed activity. E. Penalty. A violation of any provision of this Chapter shall be a misdemeanor, punishable by such fine and or imprisonment as established by Idaho Code. In addition to such penalty, any person violating any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter continues or occurs may be deemed a separate and distinct violation. F. Enforcement. Peace officers shall be empowered to enforce the provisions of this title. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions of this title or in an investigation of a suspected violation thereof. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 12 OF 38 DRAFT 3-4-3: TEMPORARY USES: Police Department Report, 8-10- I 0 A. License and/or permit requirements. It shall be unlawful for any person to establish, operate, allow the operation or establishment of, or act as any TEMPORARY USE without each and all of the following licenses, permits, and/or certifications: 1. Any and all licenses, permits, and/or certifications required by local, state, or federal law. 2. Any and all licenses, permits, and/or certifications required by the Central District Health Department. 3. Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. 4. Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. 5. A City of Meridian Citizen's Use Permit, where applicable. 6. A City of Meridian Temporary Use Permit, except that a City of Meridian Temporary Use Permit shall not be required for the following activities, provided that this exception shall not exempt such activities from any other requirements of law: FIRST AMENDMENT ACTIVITY on public or private property; any sale, trade, gift, offer, or display required by court order or by law; GARAGE SALES; or fireworks sales. a. Application for a City of Meridian Temporary Use Permit shall be made to the City Clerk, and shall include a completed application form provided by the City Clerk, which form shall include, but not be limited to: (1) The name, address, and tax identification number of the applicant, and/or, if the applicant is a partnership, company, or corporation, the name, address, and corporate or tax identification number of such entity. Addresses required by this section shall include both local and corporate addresses, as well as both physical and mailing addresses. (2) The names and addresses of all employees and/or persons who will be establishing, operating, or acting as a TEMPORARY USE within the City under the Temporary Use Permit. Addresses required by this section shall include both local and corporate addresses, and both physical and mailing addresses. (3) A description of the use, including any goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered, or any activities or events scheduled to occur, under the Temporary Use Permit. (4) A description of any structures that will be used in the course of activities, sales, trades, giveaways, offers, and/or displays under the Temporary Use Permit. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 13 OF 38 DRAFT Police Department Report, 8-10-10 (5) A description of any and all motor vehicles to be used by or in the course of the TEMPORARY USE, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). (6) Site plan(s), floor plans, and/or map(s), which shall indicate the location(s) of any and all components of the proposed TEMPORARY USE, including, but not limited to, any and all items listed in this subsection. Where any material change is made to an approved plan prior to or upon set-up of the TEMPORARY USE, an updated plan shall be submitted to the City and approved prior to operation of the use. The plan(s) and/or map(s) shall include, but need not be limited to, the following: (a) structures, (b) displays, (c) goods, (d) vendors, (e) scheduled events, (f) restrooms, (g) first aid stations, (h) drinking water sources, (i) garbage receptacles, 0) generators and any other mechanical equipment, (k) cooking equipment (1) TEMPORARY SIGNS, (m)devices of a carnival nature (e.g. pennants, strings of lights, ribbons, streamers, spinners, twirlers, propellers, and bubble machines), (n) entrance/exit drives, (o) areas and surfaces upon which vehicles will be driven, (p) areas and surfaces upon which vehicles will be parked, and/or (q) sediment traps. (7) A description of the dimensions, quantity, and locations of any and all TEMPORARY SIGNS that will be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the TEMPORARY USE. (8) Permission of owners of property upon which such TEMPORARY SIGNS will be installed, erected, posted, or displayed. (9) A description and/or schedule(s) of the hours, locations, and means at and by which activities, sales, trades, giveaways, offers, and/or displays will occur under the Temporary Use Permit. (10) Written permission of owners of all property or properties upon, through, or across which such TEMPORARY USE shall operate and/or occur. (11) A description of the plan for the management and/or control of persons and/or crowds at the site(s) of such TEMPORARY USE, including, but not limited to: the number and qualifications of any security personnel to be deployed; defensive and AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 14 OF 38 DRAFT Police Department Report, 8- I 0-10 offensive equipment and/or techniques to be utilized by or available to such security personnel, including vehicles, weapons, and/or barriers; the method(s) by which persons or crowds will be moved, dispersed, and/or evacuated in the normal course of the TEMPORARY USE and/or in case of emergency; and the method(s) by which information will be relayed to persons and crowds at the site(s) of such TEMPORARY USE in case of emergency. (12) The plan for clean-up, tear -down, and/or removal of the TEMPORARY USE and the site(s) upon which it occurs or is operated, including, but not limited to, the removal of any and all: structures, displays, restrooms, TEMPORARY SIGNS, garbage, litter, temporary ground cover, straw, and hazardous materials. Sediment traps may remain in place. (13) An agent upon whom service of process may be made in the State of Idaho. (14) Application fee as set forth in the fee schedule of the City Clerk's Office, except that no application fee shall apply: a. Where applicant is or represents a nonprofit organization exempt from federal income tax under 26 U.S.C. section 501(c); b. Where applicant is or represents a governmental entity; or C. Where applicant is seeking a temporary use permit for a temporary sales unit for the purpose of conducting a ear wash to raise Rinds fundraising activities for a school or youth organization. b. Upon receipt of all application materials required by this section, the City Clerk or designee shall determine, and shall endorse upon the application findings and determinations regarding: (1) The validity and completeness of the information therein; (2) Whether the proposed TEMPORARY USE may be conducted in accordance with all applicable provisions of law, including, but not limited to, this chapter; and (3) Whether a violation of the Meridian Unified Development Code or of this chapter is occurring upon the property upon which such proposed TEMPORARY USE will occur. c. Upon issuance of the findings, the City Clerk or designee shall either issue a City of Meridian Temporary Use Permit to the applicant or deny the application. Where an application for a City of Meridian Temporary Use Permit is denied, the City Clerk or designee shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail or personally delivered to the applicant at the address set forth on the application. d. The City Clerk shall deny an application for a Temporary Use Permit where: AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 15 OF 38 DRAFT Police Department Report, 8-10-10 (1) The application is incomplete or required application materials or fees have not been submitted; (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; (3) The proposed TEMPORARY USE will not be conducted in accordance with all applicable provisions of law, including, but not limited to, this chapter; or (4) A violation of the Meridian Unified Development Code or of this chapter is occurring upon the property upon which such proposed TEMPORARY USE is proposed to occur. (5) The applicant has been convicted of a violation of any provision of Title 4 Chapter 3, Section 3, Meridian City Code within the five (5) years preceding the date of submission of the application. e. The City Clerk or designee shall issue or deny Temporary Use Permit within twenty-one (21) calendar days of receipt of a complete application for such heensepermit. f. Appeal of the City Clerk's issuance or denial of an application for a Temporary Use Permit may be made by the applicant within fourteen (14) days of such issuance or denial. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision, g. The City of Meridian Temporary Use Permit shall include, on its face: (1) The name(s) of the permitee and any employees and/or persons permitted to operate or carry on a TEMPORARY USE within the City under such permit; (2) The time(s), date(s), place(s), and manner at and by which the TEMPORARY USE is permitted to occur; (3) A description of the structure(s) that may be erected under such permit; (4) A description of the caretaker unit that may be utilized for the purposes of security and maintenance of the site, if any; (5) A description of the permitted dimensions, quantity, and locations of any and all TEMPORARY SIGNS that may be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the permitted TEMPORARY USE; and AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 16 OF 38 0 RA FT Police Department Report, 8-10- I 0 (6) Any and all other conditions of operation that are necessary to protect the public health, safety, and welfare and mitigate effects on surrounding property, including, but not limited to, effects of traffic, parking, noise, vibration, odor, light, glare, distraction to motorists, and/or dust. h. In addition to any and all other applicable civil or criminal penalties, the City Clerk may revoke a City of Meridian Temporary Use Permit where: (1) Any term or condition of the permit is violated by the permitee or by any employee or person operating or acting under such permit. (2) In the course of operating a TEMPORARY USE, the permitee or any employee or person operating or acting under such permit violates a provision of this Chapter or of any other local, state, or federal law. (3) It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor. (4) The site, set-up, and/or operation of the TEMPORARY USE and/or any component thereof varies materially from the approved site plan. The City Clerk shall notify the permitee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Temporary Use Permit application. Such revocation shall be effective immediately upon mailing by the City Clerk. i. Appeal of the City Clerk's revocation of an application of a Temporary Use Permit may be made by the permitee. Such appeal shall be made by City Council in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision, and may be appealed to Dis4iet G B. Standards for All TEMPORARY USES. The following regulations on the time, place, and manner of TEMPORARY USES shall apply generally to any and all TEMPORARY USES. 1. Failure to obtain Temporary Use Permit. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY USE requiring a Temporary Use Permit without first obtaining a City of Meridian Temporary Use Permit. 2. Compliance with Temporary Use Permit. It shall be unlawful for any permitee or any employee or person acting under a Temporary Use Permit to violate or fail to comply with any term, condition, or standard set forth in such City of Meridian Temporary Use Permit. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 17 OF 38 DRAFT Police Department Report, 8-10- I 0 3. Time of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY USE requiring a City of Meridian Temporary Use Permit at any time or upon any date other than that designated in a valid City of Meridian Temporary Use Permit. 4. Place of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY USE requiring a City of Meridian Temporary Use Permit at any place other than that designated in a valid City of Meridian Temporary Use Permit. 5. Manner of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY USE requiring a City of Meridian Temporary Use Permit in any manner other than that designated in a valid City of Meridian Temporary Use Permit. 6. Parking, driving, and access. Any person operating or causing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, shall: a. Provide adequate off street parking to serve such TEMPORARY USE. No TEMPORARY USE shall displace the required off street parking spaces or loading areas of the principal permitted uses or other permitted temporary uses on the site, except where street closure is approved pursuant to a validly -issued City of Meridian Citizen's Use Permit. b. Prohibit and prevent the operation and/or parking of vehicles on combustible surfaces or materials. c. Provide driving and/or parking surfaces that are designed to prevent traffic hazards and nuisances. d. Between June 1 and October 31, inclusive, operate, park, or allow the operation or parking of motorized vehicles only on surfaces composed of one of the following materials: (1) Concrete. (2) Asphalt. (3) Grasscrete. (4) Pavers. (5) Bricks. (6) Macadam. (7) Natural turf. (8) Recycled asphalt, where such material is approved for the site's principal permitted use by a certificate of zoning compliance validly issued by the City of Meridian. (9) Gravel or soil treated with environmentally safe chemical soil stabilizer or chemical dust suppressant. e. Between November 1 and May 31, inclusive, operate, park, and/or allow the operation or parking of motorized vehicles only on surfaces composed of one of the following materials: (1) Concrete. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 18 OF 38 DRAFT Police Department Report, 8-10-10 (2) Asphalt. (3) Grasscrete. (4) Pavers. (5) Bricks. (6) Macadam. (7) Recycled asphalt, only where such material is approved for the site's principal permitted use by a certificate of zoning compliance validly issued by the City of Meridian. (8) Natural turf, gravel, or soil, only where all entrance and exit drives to the site are either paved or include sediment traps at each and every transition between paved to unpaved surfaces that meet the following standards: (a) Each sediment trap shall be constructed and maintained in a manner that effectively prevents tracking and/or flow of mud, soil, and/or sediment onto public rights-of-way. It shall be unlawful to allow mud or soil to be tracked or to flow onto public rights-of-way from the site of a temporary use. (b) Each sediment trap shall extend the full width of the entrance and/or exit drive. (c) Each sediment trap shall be a minimum length of thirty feet (30'). (d) Each sediment trap shall include a six-inch (6") base layer of fractured stone over the entire width and length of the sediment trap. 7. Vision triangle. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to cause or allow structures, signs, merchandise, or any other material utilized in the operation or occurrence of such TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to interfere with the clear vision triangle. 8. Right-of-way. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to operate or cause or allow the operation or occurrence of any TEMPORARY USE within the public right of way, unless otherwise authorized by a validly issued City of Meridian Citizens Use Permit. 9. Required buffer landscape areas. Unless otherwise approved, it shall be unlawful for any person to operate or cause or allow the operation or occurrence of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, within required street buffer for arterial and collector roadways and/or land use buffer landscape areas. 10. Structures. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to: a. Construct or cause the construction of any permanent structure. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 19 OF 38 DRAFT Police Department Report, 8-10- I 0 b. Place, construct, or cause or allow the placement or construction of any structure that would not otherwise be permitted by a generally applicable provision of law or city code. c. Fail to remove a structure utilized in the operation of such TEMPORARY USE at the end of the time period allowed by a City of Meridian Temporary Use Permit or by other law. d. Place, construct, or cause or allow the placement of structures utilized in the operation or occurrence of any TEMPORARY USE within the required setback, required land use buffer, and/or the required street buffer for arterial and collector roadways. 11. Caretaker unit. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to: a. Establish and/or utilize more than one caretaker unit. b. Establish and/or utilize a caretaker unit for purposes other than site security or maintenance. c. Fail to remove any caretaker unit at the end of the time period allowed by a City of Meridian Temporary Use Permit or by law. 12. Noise. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to fail to shield compressors, fans, pumps, or other motorized equipment in a manner that minimizes noise levels to adjoining properties. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to locate or operate a compressor, fan, pump, or other motorized equipment within one hundred feet (100') of a residential district. 13. Site conditions. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to operate or conduct such TEMPORARY USE in a manner that fails to provide for waste collection and disposal, including, but not limited to, debris, garbage, food or organic products, hazardous or toxic materials or byproducts, and signs. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to fail to remove waste from any TEMPORARY USE site. 14. Unobstructed sidewalk. Where a sidewalk or pedestrianway is obstructed in the course of the conduct of a TEMPORARY USE, a minimum width of four feet (4') of such sidewalk or pedestrianway shall remain unobstructed. Where the conduct of a TEMPORARY USE obstructs a sidewalk or pedestrianway, it shall be unlawful for any person operating or causing or allowing the operation of such TEMPORARY USE to fail to ensure that a minimum width of four feet (4') of such sidewalk or pedestrianway remains unobstructed. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 20 OF 38 DRAFT Police Department Report, 8-10-10 C. Standards for Specific TEMPORARY USES. In addition to the Standards for All TEMPORARY USES as set forth above, the following standards for time, place, and manner of operation or occurrence of specific TEMPORARY USES shall also apply. 1. Standards for SUBDIVISION MODEL HOMES. a. Where a structure is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, such structure shall be subject to the standards for a SUBDIVISION MODEL HOME. b. A SUBDIVISION MODEL HOME shall be located at or upon a lot or lots within the subdivision containing the lots and/or dwellings of which such SUBDIVISION MODEL HOME serves as an exhibit or example. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME at or upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings of which such SUBDIVISION MODEL HOME serves as an exhibit or example. c. A SUBDIVISION MODEL HOME shall be located only within a structure that is suitable for sale and/or use as a residential dwelling unit. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME within a structure that is not suitable for sale and/or use as a residential dwelling unit. While such residential dwelling unit is temporarily used as the SUBDIVISION MODEL HOME, such unit shall meet any and all applicable standards for commercial occupancy and shall obtain any and all permits required by Title 10 of this Code. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME where such SUBDIVISION MODEL HOME does not meet all applicable standards for commercial occupancy or without any and all permits required by Title 10 of this Code. d. The principal use of the SUBDIVISION MODEL HOME shall be as an exhibit or example of lots and/or dwellings within the subdivision or planned unit development in which the SUBDIVISION MODEL HOME is located. It shall be unlawful for any person to use or allow the use of a SUBDIVISION MODEL HOME as a financial institution of any sort, including as an appraisal, loan, or closing office. e. A SUBDIVISION MODEL HOME may be operated only until there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the SUBDIVISION MODEL HOME is located. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME where no lots or newly -constructed dwellings are for sale or rent within the subdivision in which the SUBDIVISION MODEL HOME is located. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SUBDIVISION MODEL HOME. (1) No more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION MODEL HOME shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such SUBDIVISION MODEL HOME. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 21 OF 38 DRAFT Police Department Report, 8-10-10 installation, erection, posting, or display of more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION MODEL HOME identifying, promoting, advertising, or directing patrons to such SUBDIVISION MODEL HOME. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME upon any property other than that property upon which the SUBDIVISION MODEL HOME is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME shall be removed within twenty-four (24) hours of the conclusion of such TEMPORARY USE. 2. Standards for SUBDIVISION REAL ESTATE SALES OFFICES. a. Where a structure is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, such structure shall be subject to the standards for a SUBDIVISION MODEL HOME. b. The operation of a SUBDIVISION REAL ESTATE SALES OFFICE without the following valid and current licenses, permits, and/or certifications shall be unlawful: (1) A City of Meridian Temporary Use Permit. (2) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. c. A SUBDIVISION REAL ESTATE SALES OFFICE shall be located at or upon a lot or lots within the subdivision containing the lots and/or dwellings being sold from such SUBDIVISION REAL ESTATE SALES OFFICE. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE at upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings being sold from such SUBDIVISION REAL ESTATE SALES OFFICE. d. The principal use of the SUBDIVISION REAL ESTATE SALES OFFICE shall be the sale of lots and/or dwellings within the subdivision or planned unit development in which the SUBDIVISION REAL ESTATE SALES OFFICE is located. It shall be unlawful for any person AUGUST 201 O UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 22 OF 38 DRAFT Police Department Report, 8-10-10 to use or allow the use of a SUBDIVISION REAL ESTATE SALES OFFICE as a financial institution of any sort, including as an appraisal, loan, or closing office. A SUBDIVISION REAL ESTATE SALES OFFICE may remain only until there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the SUBDIVISION REAL ESTATE SALES OFFICE is located. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE where no lots or newly constructed dwellings are for sale or rent unless such SUBDIVISION REAL ESTATE SALES OFFICE is converted to a dwelling in accordance with all applicable provisions of law, including Title 10 of the Meridian City Code. f. A SUBDIVISION REAL ESTATE SALES OFFICE shall meet any and all applicable standards for commercial occupancy and shall obtain any and all permits required by Title 10 of this Code. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE where such SUBDIVISION REAL ESTATE SALES OFFICE does not meet all applicable standards for commercial occupancy or without any and all permits required by Title 10 of this Code. g. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SUBDIVISION REAL ESTATE SALES OFFICE. (1) No more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION REAL ESTATE SALES OFFICE shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such SUBDIVISION REAL ESTATE SALES OFFICE. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION REAL ESTATE SALES OFFICE identifying, promoting, advertising, or directing patrons to such SUBDIVISION REAL ESTATE SALES OFFICE. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE upon any property other than that property upon which the SUBDIVISION REAL ESTATE SALES OFFICE is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE shall be removed within twenty-four (24) hours of the conclusion of such TEMPORARY USE. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 23 OF 38 DRAFT Police Department Report, 8-10-10 3. Standards for PROMOTIONAL SALES UNITS. a. The operation of a PROMOTIONAL SALES UNIT without the following valid and current licenses, permits, and/or certifications shall be a violation of this Chapter: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. (4) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. b. It shall be unlawful to operate or cause the operation of a PROMOTIONAL SALES UNIT in a residential district. c. Only a PROMOTIONAL SALES UNIT directly associated with the principally permitted use on the site on which it is located shall be allowed; for example, a sidewalk sale or tent sales associated with an existing retail establishment shall be allowed. It shall be unlawful to operate a PROMOTIONAL SALES UNIT at any place or in any manner that is not directly associated with the principally permitted use on the site on which such PROMOTIONAL SALES UNIT is located. d. Sales by a PROMOTIONAL SALES UNIT shall be limited to a period of time not to exceed one hundred and sixty (160) days per calendar year. e. A PROMOTIONAL SALES UNIT and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a PROMOTIONAL SALES UNIT. (1) No more than two (2) TEMPORARY SIGNS per one (1) PROMOTIONAL SALES UNIT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such PROMOTIONAL SALES UNIT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one (1) PROMOTIONAL SALES UNIT identifying, promoting, advertising, or directing patrons to such PROMOTIONAL SALES UNIT. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT shall not exceed thirty-two (32) square feet. It shall be AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 24 OF 38 DRAFT Police Department Report, 8- 10- I 0 unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT where the area of such TEMPORARY SIGN exceeds thirty-two (32) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT upon any property other than that property upon which the PROMOTIONAL SALES UNIT is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT shall be removed within twenty-four (24) hours of the conclusion of such TEMPORARY USE. 4. Standards for TEMPORARY INDOOR EVENTS. a. The operation of a TEMPORARY INDOOR EVENT shall be unlawful without the following valid and current licenses, permits, and/or certifications: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. (6) Written consent of the owner of the property on which the TEMPORARY INDOOR EVENT is to be located. b. It shall be unlawful to operate or cause the operation of a TEMPORARY INDOOR EVENT in a structure that is solely approved for residential occupancy. c. TEMPORARY INDOOR EVENTS shall be limited to a period of time not to exceed three (3) days per event. d. A TEMPORARY INDOOR EVENT and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 25 OF 38 DRAFT Police Department Report, 8-10-10 e. The following provisions shall apply to any and all TEMPORARY SIGNS related to a TEMPORARY INDOOR EVENT. (1) No more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY INDOOR EVENT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such TEMPORARY INDOOR EVENT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY INDOOR EVENT identifying, promoting, advertising, or directing patrons to such TEMPORARY INDOOR EVENT. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a TEMPORARY INDOOR EVENT shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY INDOOR EVENT where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY INDOOR EVENT upon any property other than that property upon which the TEMPORARY INDOOR EVENT is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a TEMPORARY INDOOR EVENT shall be removed within twenty-four (24) hours of the conclusion or close of such TEMPORARY USE. 5. Standards for TEMPORARY SALES UNITS. a. The operation of a TEMPORARY SALES UNIT shall be unlawful without the following valid and current licenses, permits, and/or certifications: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 26 OF 38 DRAFT Police Department Report, 8- 10- I 0 (6) Written consent of the owner of the property on which the TEMPORARY SALES UNIT is to be located. b. It shall be unlawful to operate or cause the operation of a TEMPORARY SALES UNIT in a residential district. c. For TEMPORARY SALES UNITS that stay on the site for the full duration of the use, such uses shall be limited to a period of time not to exceed sixty (60) days, whether such days are consecutive or not, per property per calendar year. The location of a TEMPORARY SALES UNIT on a site for any portion of a day shall constitute one (1) day for purposes of this section. d. TEMPORARY SALES UNITS may utilize no more than one (1) structure. Such structure shall not exceed seven hundred (700) square feet. It shall be unlawful to utilize more than one (1) structure in the operation of a TEMPORARY SALES UNIT. It shall be unlawful for any structure utilized in the operation of a TEMPORARY SALES UNIT to be more than seven hundred (700) square feet. It shall be unlawful to utilize any structure in the operation of a TEMPORARY SALES UNIT without any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. e. A TEMPORARY SALES UNIT and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a TEMPORARY SALES UNIT. (1) No more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY SALES UNIT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such TEMPORARY SALES UNIT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY SALES UNIT identifying, promoting, advertising, or directing patrons to such TEMPORARY SALES UNIT. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 27 OF 38 DRAFT Police Department Report, 8-10-10 UNIT upon any property other than that property upon which the TEMPORARY SALES UNIT is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT shall be removed within twenty-four (24) hours of the conclusion or close of such TEMPORARY USE. 6. Standards For SPECIAL EVENTS: a. It shall be unlawful for an ORGANIZER of a SPECIAL EVENT, or any person, to conduct, allow, organize, advertise, promote, or cause to be advertised or promoted a SPECIAL EVENT without the following: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, inspections, and/or certifications required by Title 10 of the Meridian City Code. (6) Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. (7) Written consent of the owner(s) of any and all property or properties on which the SPECIAL EVENT is to occur. (8) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the SPECIAL EVENT. Such insurance shall name the City as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $500,000.00 per occurrence property damage. b. No provision of this section shall preclude the application of any and all other licensing and/or other applicable provisions of local, state, or federal law to any SPECIAL EVENTS ORGANIZER, nor exempt any vendor or participant in a SPECIAL EVENT from compliance with any and all other licensing or other applicable provisions of local, state, or federal AUGUST 20 10 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 28 OF 38 DRAFT Police Department Report, 8-10-10 law, except that where a SPECIAL EVENT includes vendors or participants that would otherwise require City of Meridian licenses or permits to operate as MOBILE SALES UNITS or TEMPORARY SALES UNITS, such MOBIIEE SALES NI 's vendors and/or participants shall be exempt from the such requirement * ''+ " a _ ian. Mobile S?_„ Unit r __o , provided that this exemption shall apply only to StI& MOBILE SAILES UNITS vendors and/or participants represented on the site plan(s) or map(s) submitted by the ORGANIZER 11y issued Ctty of Mer-idi' Temper-ar-y Use ; and further provided that such exemption shall apply only for the time, at the place, and in the manner specified for such SPECIAL EVENT in a validly issued City of Meridian Temporary Use Permit. C. SPECIAL EVENTS shall be allowed for a period not to exceed fourteen (14) days within any ninety (90) day period. d. It shall be unlawful for any person to conduct, allow, or organize a SPECIAL EVENT in a residential district, except that: (1) Neighborhood events or block parties shall be permitted in residential districts without a Temporary Use Permit, although a City of Meridian Citizen's Use Permit may be required. (2) SPECIAL EVENTS involving a route, such as races, parades, or marches may be permitted in residential districts, so long as such SPECIAL EVENTS both start and end in nonresidential districts. e. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SPECIAL EVENT. (1) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN or TEMPORARY SIGNS where the quantity or dimensions thereof exceed the limitations set forth in this section. No more than two hundred (200) TEMPORARY SIGNS with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT. No more than twelve (12) TEMPORARY SIGNS with an area not to exceed thirty-two (32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT. (2) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT upon any property without the permission of the owner of such property. (3) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT shall be removed within twenty-four (24) hours of the conclusion or close of such SPECIAL EVENT. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 29 OF 38 DRAFT 7. Standards for OUTDOOR MARKETS: Police Department Report, 8- 10- I 0 a. It shall be unlawful for an ORGANIZER of an OUTDOOR MARKET, or any person, to conduct, allow, organize, advertise, promote, or cause to be advertised or promoted an OUTDOOR MARKET without the following valid and current licenses, permits, and/or certifications: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. (6) Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. (7) Written consent of the owner of the property on which the OUTDOOR MARKET is to be located. (8) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the OUTDOOR MARKET. Such insurance shall name the City as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $500,000.00 per occurrence property damage. b. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR MARKET in a residential district. C. OUTDOOR MARKETS shall be allowed in any nonresidential district on one (1) day per week. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR MARKET on more than one (1) day per week. d. No provision of this section shall preclude the application of any and all other licensing and/or other pplicable provisions of local state or federal law to any OUTDOOR AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 30 OF 38 DRAFT Police Department Report, 8- 10- I 0 MARKET ORGANIZER nor exempt any vendor or participant in an OUTDOOR MARKET from compliance with any and all other licensing or other applicable provisions of local, state or federal law, except that where an OUTDOOR MARKET includes vendors or participants that would otherwise require City of Meridian licenses or permits to operate as MOBILE SALES UNITS or TEMPORARY SALES UNITS such vendors and/or participants shall be exempt from such requirement provided that this exemption shall apply only to vendors and/or participants represented on the site plan(s) or maps) submitted by the ORGANIZER; and further provided that such exemption shall apply only for the time, at the place and in the manner specified for such OUTDOOR MARKET in a validly issued City of Meridian Temporary Use Permit. e. The following provisions shall apply to any and all TEMPORARY SIGNS related to an OUTDOOR MARKET. (1) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN or TEMPORARY SIGNS where the quantity or dimensions thereof exceed the limitations set forth in this section. No more than twenty (20) TEMPORARY SIGNS with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET. No more than four (4) TEMPORARY SIGNS with an area not to exceed thirty-two (32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET. (2) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET upon any property without the permission of the owner of such property. (3) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET shall be removed within twenty-four (24) hours of the close of such OUTDOOR MARKET. Standards for GARAGE, YARD AND SIMILAR SALES. a. It shall be unlawful for any person to conduct a garage sale at any one (1) address: (1) At which four (4) or more garage sales have been conducted by any person within the preceding three hundred sixty-five (365) days. (2) At which a garage sale has been conducted by any person within the previous thirty (30) days. (3) For longer than three (3) consecutive days. (4) Between the hours of 10:00 p.m. and 6:00 a.m. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 31 OF 38 DRAFT Police Department Report, 8-10-10 b. Persons conducting GARAGE SALES shall comply with all provisions and standards of this chapter and any and all applicable provisions of law, except that a City of Meridian Temporary Use Permit shall not be required, and the provisions of Meridian City Code sections 3-4-3(B)(1-6) shall not apply. c. All GARAGE SALES shall be directly associated with a residence on the site of such garage sale. It shall be unlawful for any person to hold a GARAGE SALE on or at any vacant or unoccupied property and/or building, except where facts exist to support the affirmative defense that such person: (1) Is the owner of record of such property and/or building; or (2) Prior to such GARAGE SALE, has obtained written permission of the owner of such property and/or building for the garage sale, which permission shall include the scope of such permission, including specific reference to the date(s), address, and location of the garage sale; and the owner's signature and date. Any person claiming exemption under subsections (a) or (b) of this section shall bear the burden of proving that such exception applies. d. GARAGE SALES held by or for the benefit of charitable or non-profit organizations shall not be exempt from the provisions of this chapter. e. It shall be unlawful for any person to conduct a garage sale in any manner which creates a hazard to public health or safety. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a GARAGE SALE. (1) No more than four (4) TEMPORARY SIGNS per one (1) GARAGE SALE shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such GARAGE SALE. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than four (4) TEMPORARY SIGNS per one (1) GARAGE SALE identifying, promoting, advertising, or directing patrons to such GARAGE SALE. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a GARAGE SALE shall not exceed six (6) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a GARAGE SALE where the area of such TEMPORARY SIGN exceeds six (6) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 32 OF 38 DRAFT Police Department Report, 8- 10- I 0 identifying, promoting, advertising, or directing patrons to a GARAGE SALE upon any property without the permission of the owner of such property. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a GARAGE SALE shall be removed within twenty-four (24) hours of the conclusion or close of such TEMPORARY USE. D. Penalty. A violation of this Chapter shall be an infraction punishable by a penalty of one hundred dollars ($100). In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter occurs and/or continues may be deemed a separate and distinct violation. E. Enforcement. Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this chapter. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions this chapter. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this chapter. If an officer reasonably believes that a provision of this chapter has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference. 3-4-4: CITIZEN'S USE PERMIT A. In addition to other applicable provisions of this Title or of other laws, City of Meridian Citizen's Use Permit shall be required prior to the operation or execution of a planned or foreseeable commercial, recreational, or expressive activity, event, or gathering of persons which: 1. Changes, attempts to change, or has a tendency to change the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, or sidewalks; or 2. Takes place, whether entirely or partially on a street or sidewalk located within the City and will likely result in some or total obstruction of such streets or sidewalks; or 3. Requires for its successful execution the provision and coordination of City services to a degree over and above that which the City normally provides. 4. A City of Meridian Citizen's Use Permit shall not be required for funeral processions B. It shall be unlawful to operate or execute, or cause the operation or execution, of an activity, event, or gathering of persons requiring a City of Meridian Citizen's Use Permit: 1. Without a valid City of Meridian Citizen's Use Permit. AUGUST 201 O UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 33 OF 38 DRAFT Police Department Report, 8-10-10 2. At any time or upon any date other than that designated in a valid City of Meridian Citizen's Use Permit. 3. At any place other than that designated in a valid City of Meridian Citizen's Use Permit. C. Application for a City of Meridian Citizen's Use Permit shall be made to the City Clerk, and shall include the following: A completed application form provided by the City Clerk, which form shall include: a. The name, address, and telephone number of the applicant and/or the organization on whose behalf the applicant is applying. b. The date(s) and time(s) at which the activity or event will occur. c. The location(s) at which the activity or event will occur, and/or the route(s) that the activity or event will follow, including street names, numerical blocks, and a map thereof. d. The number of persons, vehicles, floats, animals, and/or other form(s) of presentation, display, conveyance, and/or transport to be included in the activity or event. e. A description of security and safety plans and measures to be implemented at or in the course of such activity and/or event, including, security personnel, barricades, traffic and/or crowd control measures, cones, and/or directional signage. 2. Application fee as set forth in the fee schedule of the City Clerk's Office, except that no application fee shall apply where applicant is or represents: a. A non-profit organization exempt from federal income tax under 26 U.S.C. section 501(c); or b. A governmental entity. Applicant's agreement to indemnify, save and hold harmless, and defend the City and the Ada County Highway District from the expenses of and against any and all suits, actions, claims, and/or losses of every kind, nature, and description, including costs, expenses, and attorney fees that may be incurred by reason of any act, omission, neglect, or misconduct of applicant or its participants in the use of the location(s) and/or route(s) at or upon which the activity or event will occur. 4. Applicant's certification that damage to the properties, locations, and/or routes at or upon which the activity or event will occur is not foreseeable, and that, if damaged, applicant shall incur the costs of restoring the original condition of such properties, locations, and/or routes. 5. Written approval of the Ada County Highway District of such activity or event, including any proof of insurance that is required by the District. D. Upon receipt of all application materials required by this chapter, the City Clerk shall: AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 34 OF 38 1 ._ \- r_l Police Department Report, 8- I 0-10 1. Refer such application to the Police Chief, the Fire Chief, and the Mayor for their review and recommendation regarding approval or denial of the application. The Police Chief, the Fire Chief, and the Mayor shall recommend approval of such application absent a finding that the proposed activity or event would be harmful to the public health, safety, or welfare. 2. Submit courtesy copies of the application to the Ada County Sheriff's Office and the Idaho Department of Transportation. E. Upon receipt of the recommendations of the Police Chief, the Fire Chief, and the Mayor, the City Clerk shall either issue a City of Meridian Citizen's Use Permit to the applicant or deny the application. F. Where the City Clerk denies an application for a City of Meridian Citizen's Use Permit, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this chapter. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. The City Clerk shall deny an application for a City of Meridian Citizen's Use Permit where: 1. The application is incomplete or required application materials or fees have not been submitted; 2. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; 3. The Police Chief, Fire Chief, or Mayor recommends denial. G. All application materials for a City of Meridian Citizen's Use Permit must be received by the City Clerk at least twenty-one (2 1) calendar days prior to the proposed activity or event. The City Clerk shall issue or deny a City of Meridian Citizen's Use Permit within fourteen (14) days of receipt of a complete application for such license. H. Appeal of the City Clerk's issuance or denial of an application of a City of Meridian Citizen's Use Permit may be made by any person. Such appeal shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at the next regularly scheduled City Council meeting. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision, and may be I. The City of Meridian Citizen's Use Permit shall include, on its face: 1. The name(s) of the permitee; 2. The date(s) and time(s) during which such permit is valid; AUGUST 20 10 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 35 OF 38 DRAFT Police Department Report, 8-10- I 0 3. The location(s) and/or route(s) that the permitee shall be authorized to use under the permit; and 4. Any and all conditions to which the permitee and/or participants shall be required to adhere in the course of planning and/or executing such activity or event. J. The City Clerk may revoke a City of Meridian Citizen's Use Permit where: A term or condition of the license is violated by the permittee or by any employee or person operating or acting under such permit. 2. In the course of the activity or event for which the permit was issued, the permitee or any employee or person operating or acting under such permit violates a provision of this chapter or of any other local, state, or federal law. 3. It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the application. Such revocation shall be effective immediately upon mailing by the City Clerk. K. Appeal of the City Clerk's revocation of an application of a City of Meridian Citizen's Use Permit may be made by the permitee. Such appeal shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within fourteen (14) days. The City Council's decision on such appeal shall be a final decision, L. Penalty. A violation of this chapter shall be an infraction punishable by a penalty of one hundred dollars ($100). In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter continues or occurs may be deemed a separate and distinct violation. M. Enforcement. Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this chapter. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions this chapter. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this chapter. If an officer reasonably believes that a provision of this chapter has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference. AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 36 OF 38 DRAFT 3-4-5: SEVERABILITY: Police Department Report, 8-10-10 If any provision, clause, sentence, or paragraph of this title or the application thereof to any person or circumstance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or section of this chapter, which shall remain in full force and effect, and to this end, the provisions of this title are hereby declared to be severable. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage. PASSED by the City Council of the City of Meridian, Idaho, this .2010. APPROVED by the Mayor of the City of Meridian, Idaho, this .2010. APPROVED: Tammy de Weerd Mayor ATTEST: Jaycee Holman City Clerk day of day of AUGUST 201 O UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 37 OF 38 O RAFT Police Department Report, 8- 10- I 0 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 10 - PROVIDING FOR AN AMENDMENT OF THE MERIDIAN CITY OUTDOOR SALES AND TEMPORARY USES ORDINANCE An Ordinance of the City of Meridian amending Title 3, Chapter 4 of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 10 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 10- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2010. William. L.M. Nary City Attorney AUGUST 2010 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 38 OF 38 Meridian City Council Meeting DATE: Auqust 10, 2010 ITEM NUMBER: 8E PROJECT NUMBER: ITEM TITLE: Planning Department: Update and Potential Action on Cost Share and License Agreement with Ada County Highway District (ACHD) for the Landscaping and Maintenance Associated with the Ten Mile, Overland to 1-84 Road Widening Project MEETING NOTES PT - CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS �- "a, If-dd- C t-V-Lse ��- -o PH D S-11 r" 9-111 U`� 1 U�� I � ��� yl, cotes �►� �GE-}1� SCct.rine�-�fv►Gc�tCc� A August 5, 2010 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager RE: Ten Mile Cost Share Agreement August 10, 2010 City Council Agenda Item City staff has been working with ACHD staff on terms for the Ten Mile Road Cost Share Agreement. As you may recall, when this project was going into design, the City requested that ACHD construct center medians and detached sidewalks for this project. Under the terms of the draft agreement the City is responsible for the installation and perpetual maintenance of the center median and parkway areas (NOTE: The maintenance of the parkway areas will eventually turn over to the adjacent property owners, as they develop in the City.) Dyan Bevins, the ACHD Project Manager, briefly discussed this agreement with the Council during the July 27th meeting. Last week staff informed the Council that we would come back with an answer from ACHD on what an acceptable interim treatment might be for the medians and planter/parkway areas. During their August 3rd pre -commission work session, the ACHD Commissioners discussed interim treatments in this area. The ACHD Commission understands that we are unable to landscape the center medians this upcoming fiscal year, and they are okay with using compacted dirt in the medians in the interim. However, on the west side of the roadway, where development will ultimately be responsible for installing and maintaining the landscaping in the parkway areas, dirt does not work for ACRD. There are four privately owned parcels on the west side of Ten Mile Road. The City has not reviewed development applications for any of these four parcels on the west side of the road, as we have for the property on the east side of the road. There is approximately 6,600 sq. ft. of a parkway planter area on the west side of Ten Mile that ACHD is requiring the City to provide an interim surface treatment like a weed barrier with rock. Rough estimates on the cost to install Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 04....... -...0 00. ____ _ C_ _0 000 CO-. - .........-7.J:-.. ;+....... Page 2 this planter area with weed barrier and rock are around $6500. (Please see the drawing below that illustrates these areas along Ten Mile.) Staff requests that the Mayor and Council approve and sign the agreement with ACHD, with the understanding that the City will be responsible for providing some kind of interim surface treatment (e.g. weed barrier and rock) in the planter area between the curb and detached sidewalk. Staff also wants to make sure that the Council understands that for a vast majority of future ACHD roadway projects the City will have to commit to a similar treatment in these planter areas — at least in the areas where development in the City has not yet occurred. ACHD has agreed to purchase the additional right-of-way required to detach sidewalks in Meridian, but the trade-off is that we are responsible for improving the parkway/planter areas. (Please see diagram at the end of this memo for the different arterial street cross section options. Through the TLIP process, the City has communicated to ACHD that our preferred cross section is the "Medium Proposed Livable Street" and this is what we will typically get in the future — detached 5' wide sidewalks instead of 7' wide attached sidewalks.) Where there are constraints (homes, power poles, etc.) the ACHD may have to attach the sidewalk, but for the most part we have told ACHD that we want the Medium (not median) street. This cross section is consistent with City Code; UDC 11-3A-17, which requires detached sidewalk along arterials. Does the Council have any concerns with the Medium Street being the standard for Meridian? Page 3 JVest vwv —, r Page 4 Below are street section examples that illustrate the range of proposed options between current ACHD standards and a full Livable Streets treatment. i he landscaping and enhanced pedestrian zone treatments depend on funding and partnerships with a developer or city/county. $ ji� 4QM ACH[)slan(lard upatment feet of total tight -of -way needed Minimum Proposed Livable Streets $s AIIACHD -no partnership required Bike lane Woe t distance betweer. TrafhC and pedestrians Separated sidewalk with buffer 84 feet of total rignt-of-way netl(*d SSS Requires partnership Even wider distance between traffic and podi-sttlaris Separated sic—ewailk with andscaped buffer 91 feet of total right of -way needed Medium Proposed Livable Streets Full Proposed Livable Streets SSSS Requires partnership (-reatf , :5t d45tance between traffic and pedestrians on -street parking t n some lo<at,ons A— Wider separated sodewalk with land5coped buffer Landscaped median 108 feet of right of -way needed Page 5 IA IA s� 0 CL 0 L a E 3 E c 11 O Ten Mile Rd. 1-84 to Overland Rd. Exhibit A Aot-wide attachec ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 27 BOISE IDAHO 08119110 10:46 AM DEPUTY Vicki Allen II I I I II' II'I I'I �I'I'I'I" II (I"II �II RECORDED -REQUEST OF 110076794 Meridian Cily ADA COUNTY HIGHWAY DISTRICT INTERAGENCY COST SHARING AGREEMENT PROJECT NAME: Ten Mile Road, New Overland/Interchange THIS AGREEMENT ("Agreement") is made and entered into this 4`h day of August, 2010, by and between the Ada County Highway District, a body politic and corporate of the State of Idaho, 3775 Adams Street, Garden City, Idaho 83714 ("ACHD") and City of Meridian, an Idaho municipal corporation ("City"). RECITALS A. ACHD is a single county -wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction, and authority to maintain, improve and operate public rights-of-way in Ada County. B. City is a public entity organized and operating pursuant to Idaho Code Title 50, as amended and supplemented. City is a municipal corporation with the jurisdiction, authority and police power to regulate and control municipal activities within the City, including, without limitation, the authority to expend funds for certain aesthetic features in or on public rights-of- way within the City. C. ACHD plans to construct roadway improvements for the Project defined and described in this Agreement. As part of the Project, ACHD will purchase additional right of way to provide a buffer space between the sidewalk and the curb at the request of the City. D. City desires to incorporate and fund certain non -transportation components into the Project, as generally depicted on Exhibit A. E. Section 3109.6 of ACHD's Policy No. 3109, Interagency Cost Share Policies and Procedures (the "Cost Share Policy") set forth on Exhibit B and incorporated herein, states that ACHD will provide interested partnering agencies, including City, the opportunity to identify desired aesthetic features and adopt an interagency cost share agreement. ACHD has concluded its scope of work for the Project and has concluded the Final design and is in the right of way process of the Project, which includes certain aesthetic features requested by the City. The City has agreed to fund and pay the additional cost associated with design, construction and maintenance of the desired landscaping improvements incorporated into the Project. F. ACHD and the City desire by this Agreement to work cooperatively and to set forth their respective duties and obligations which they are authorized by law to perform, and to allocate certain costs and responsibilities, each with regard to the Project in accordance with law and the Cost Share Policy. Page 1 of 7 G. The parties have the authority to enter into this Agreement pursuant to Idaho Code § 67-2332, which provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do mutually undertake, promise, and agree as follows: SECTION I. PROJECT DESCRIPTION The "Project" shall consist of and is defined as the "ACHD Components" and the "City Components," which in turn consist of and are defined as follows: 1.1 ACHD Components: The ACHD Components of the Project consist of the following: Travel lanes, bike lanes, curb and gutter, sidewalk (5' detached or 7' attached), medians, retaining walls, traffic control devices (traffic signal, signage, striping and intelligent transportation system facilities) and storm water structures. The ACHD Components fall within one of the categories set forth in Section 3109.3 of the Cost Share Policy. ACHD has the authority and power to construct and fund the ACHD Components pursuant to the provisions of Title 40, Chapters 13 and 14 of the Idaho Code. 1.2 City Components: The City Components of the Project consist of the following: Aesthetic features including landscaping, conduit for irrigation and irrigation pipe in the median and the buffer strip shown on Exhibit A. The City Components fall within one of the categories set forth in Section 3109.4 of the Cost Share Policy. The City Components are non - transportation components of the Project over which ACHD lacks authority to fund. The City intends at some point to install or require installation and maintenance of landscaping in the medians and buffer strip. 1.2.1 Interim Treatment: If the City does not install landscaping in the median coincident with Project construction or fully installed before substantial completion of the Project, the City will install an alternative treatment consistent with appropriate roadway safety guidelines. Such treatment will be subject to review and approval by ACHD. Page 2 of 7 SECTION 2. PROJECT DESIGN 2.1 Compliance with Standards and Specifications. ACHD shall design the Project in compliance with the standards of the American Association of State Highway and Transportation Officials ("AASHTO"), the adopted ACHD standards and specifications. 2.2 Review and Comment by City. ACHD will provide the City with the Project design plans for all phases for review and comment. ACHD shall inform City of any deadlines for providing comments to ACHD concerning the Project. ACHD will consider, but shall not be bound by the City's comments regarding the Project design. 2.3 Approval of Plans. ACHD shall approve or disapprove, in its sole discretion, the Project design plans. SECTION 3. MAINTENANCE OF CITY COMPONENTS Pursuant to Section 3109.4.1(3) of the Cost Share Policy, ACHD's agreement to incorporate the City Components into the Project is expressly conditioned upon City's concurrent agreement to perpetually replace, maintain, and care for the City Components, which City hereby agrees to do. Accordingly, City has requested a license from ACHD for the placement, replacement, care, and maintenance of the City Components, and ACHD has agreed to grant the City such license. Simultaneously with execution of this Agreement, the parties agree to execute a license agreement in the form of which is attached hereto as Exhibit C (the "License Agreement") and incorporated herein, which defines the responsibilities and obligations of City with respect to the City Components. As provided in the License Agreement, ACHD shall review and approve all City Components maintenance plans. SECTION 4. PROJECT CONSTRUCTION AND PROJECT COSTS 5.1 Construction to Conform with Plans and Law. The Project shall be constructed in conformance with the designs, plans and specifications approved by ACHD pursuant to Section 2 above. Such construction shall comply with all applicable laws, ACHD policies and standards, and good engineering practices. 5.2 Allocation of Design Costs. City shall be responsible for the City Component design. ACHD shall pay all design costs associated with the ACHD Components. 5.3 Allocation of Construction Costs. The current estimate of the construction of the City Components is $107,000. Additionally, the City shall reimburse ACHD for five percent (5%) of all additional costs incurred by ACRD, required solely for the construction of the City Page 3 of 7 Components which shall be calculated on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the City Component construction costs as they relate to the total Project construction costs. The parties acknowledge and agree that these costs are only an approximation of the cost in 2010 dollars for the City Components of the Project. The parties acknowledge and agree that rapid fluctuation in the cost of construction materials may affect the actual cost for the installation of the City Components and may result in costs that are substantially higher or lower than the estimated costs in 2010 dollars. City agrees that if any additional construction costs for the City Components are incurred, City shall be solely responsible to pay these additional costs. SECTION 5. INDEMNIFICATION 6.1 City Indemnity. The City agrees to protect, defend, and hold the ACHD and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of the City, its agents, or contractors related to or in connection with its activities under this Agreement and the exercise of any privileges or performance of any obligations by the City hereunder. 6.2 ACHD Indemnity. ACHD agrees to protect, defend, and hold the City and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of ACRD, its agents, or contractors related to or in connection with its activities under this Agreement and the exercise of any privileges or performance of any obligations by ACHD hereunder. SECTION 6. TERM OF AGREEMENT The term of this Agreement shall be perpetual, subject to annual appropriation of the ordinary and necessary maintenance costs by the City and in conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. Both parties believe that this Agreement does not violate this provision of the Idaho Constitution. Without limiting the foregoing, they agree and acknowledge that the City's agreement to maintain, repair, and replace the City Components as set forth in the License Agreement is an ordinary and necessary expense. Neither party may terminate this Agreement without the prior written consent of the other party, other than set forth in this Agreement. Page 4 of 7 SECTION 7. JURISDICTION City acknowledges and agrees that ACHD has exclusive jurisdiction of the public right- of-way on the Project. ACHD will grant a license to the City for the limited purpose of maintaining and [specify any other activities] within the right-of-way, pursuant to the License Agreement. City agrees that this grant of a license by ACHD does not grant or confer upon City any rights over such public right-of-way other than specifically granted by ACHD to City under the terms of this Agreement. SECTION 8. GENERAL PROVISIONS 9.1 Contact Information. The contact for the Ada County Highway District shall be Project Manager for the Project at (208) 387-6260. The contact for the City shall be Caleb Hood at (208) 884-5533. 9.2 Termination of Interagency Agreement/Nonauyroyriation. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. Both parties believe that this Agreement does not violate this provision of the Idaho Constitution. Without limiting the foregoing, they agree and acknowledge that the City's agreement to maintain, repair, and replace the City Components as set forth in the License Agreement is an ordinary and necessary expense. 9.3 No Liens. The City shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of the City, its agents, or contractors, to attach to public right-of-way or to any property held by ACHD. 9.4 Attorney Fees. In the event of any controversy, claim, suit, proceeding or action being filed or instituted between the parties to enforce the terms and conditions of this Agreement, or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other Party all costs, damages, and expenses, including reasonable attorneys' fees including fees on appeal, incurred by the prevailing party. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration. 9.5 Choice of Law. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 9.6 Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. 9.7 Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. Page 5 of 7 9.8 Binding AUe-ement. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 9.9 Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 9.10 Waiver Acknowledgments and Modifications. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by ACHD and City. 9.11 Headings. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 9.12 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. 9.13 Limitations on Liability. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. 9.14 Recitals. The Recitals above are incorporated into the body of this Agreement. 9.15 Time is of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement End of Agreement [Signature page follows.] Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. City: 4 By: Its: OF OFt4 F r BEAL p r,sc. .�. ATTEST: City Clerk ACRD: ADA COUNTY HIGHWAY DISTRICT By: (,% k Its: Pies►d�h-4 0� �e.� 1 of C.rim re.lss Exhibits Exhibit A — Project Overview Exhibit B — ACHD's Interagency Cost Share Policies and Procedures Exhibit C — License Agreement 4805344_1.DOC Page 7 of 7 Itfn Mile Rd t EXHIBIT "B" 3109 INTERAGENCY COST SHARE POLICIES AND PROCEDURES 3109.1 Purpose in Establishing an Interagency Cost Share Policy The purpose of the cost share policy is to define the role of ACRD, cities, the county, urban renewal agencies and other potential partnering agencies in funding both transportation and "non -transportation" elements of ACHD's road projects. The cost share policy maintains flexibility for ACHD to consider unique features of projects and recognize the desires of the partnering agencies for roadway features within their boundaries. Each partnering agency has its own unique aesthetic vision for its community and the aesthetic features it desires, from landscaped medians, to street trees, to on street parking, to types and dimensions of sidewalks. This policy allows flexibility within the roadway design process, establishs a consistent set of transportation elements that ACHD will fund for all partnering agencies and provide the opportunity for financial participation from each partnering agency to make its own aethestic vision a reality. This policy is not intended to cover every possible situation in which decisions about cost sharing must occur. This policy is intended to complement the specific authority granted to ACHD pursuant to the Idaho Constitution and Idaho Code, not replace or supersede it. If there is a conflict between this policy and state and/or federal law, state and/or federal law shall control. The Interagency Cost Share Policy may apply to the following partnering agencies: Cities 2. Counties 3. Urban Renewal Agencies 4. Idaho Transportation Department 5. Neighboring counties and highway districts 6. School districts 7. Utilities 8. Regional Public Transportation Authority (VRT) 9. Metropolitan Planning Organization (MPO) or Transportation Management Agency (TMA) Some projects may require ACHD and a partnering agency to partner with private entities, such as developers or private utilities, to fund both transportation and non -transportation elements of a project. Adopted: Revised: Section 3109 - Interagency Cost Share Policy (CLEAN 5-19-09) (2). Docx 3109-1 3109.2 ACHD Statutory Responsibilities As a special purpose government, ACHD's authority to make expenditures is limited to the specific authority granted under Idaho law. ACHD may only participate in interagency cost sharing for roadway projects to the extent that its participation complies with the specific powers granted to it by the Idaho Legislature as provided for in Idaho Code. ACHD is statutorily authorized in making expenditures on road improvements which include the design, construction, reconstruction and maintenance of highways and public rights-of- way, including drainage. ACHD is prohibited from exercising its powers of eminent domain to acquire private property unless the improvement to the right-of-way is consistent with ACHD's statutory authority and a public necessity as defined by established engineering industry standards. There are two separate chapters in Title 40 of the Idaho Code related to powers granted to ACRD: 1. Chapter 13 — Powers of ACHD outside cities; and 2. Chapter 14 — Powers of ACHD within cities. ACHD's powers are best summarized under applicable sections of I.C. §§ 40- 1310 and 40-1415. Any project improvements that result in costs outside ACHD's specific statutory mandated powers are costs that must be paid for by the partnering agency requesting the improvements. 3109.3 Transportation Components Pursuant to Idaho law, ACHD may fund the following transportation components: 1. Travel Lanes - Through or turn lanes for the purpose of vehicular movements; 2. Bike Lanes - Facilities for bicycle use within the curb -to -curb section of urban roadways or along shoulders of rural roadways; 3. Curbs and Gutter - Infrastructure for storm water conveyance on urban cross-sections; 4. Sidewalks - Facilities for the safe movement of pedestrians; including related safety buffers; 5. Paved Medians - Facilities installed for purposes of motorist safety, access management and traffic flow; 6. Retaining Walls - Facilities for buttressing of slopes as a result of roadway design; 7. Highway Lighting - Illumination for the primary benefit to the motorist; Adopted: 3109-2 Revised: Section 3109 - Interagency Cost Share Policy (CLEAN 5-19-o9) (2). Docx 8. Traffic Control Devices - Traffic signals, flashing beacons, signage, striping and intelligent transportation system facilities; 9. Drainage - Storm water structures where necessary for motorist safety and maintenance. 3109.3.1 Alternative Transportation 1. ACHD accommodates standard pedestrian and bicycle facilities in roadway and intersection projects, as defined by ACHD's Livable Street Design Guide or other cross- section policies. 2. Issues related to construction, placement or relocation of transit structures in the right-of-way shall be addressed through the Cooperative Agreement for Transit Structures between ACHD and Valley Regional Transit. 3109.3.2 Intelligent Transportation System Funding for ITS projects off of the ACHD system may be managed by ACHD, but will require full funding or local match from the agency on whose system the project exists. 3109.3.3 Storm Water Quality ACHD is responsible for design, construction, and reconstruction of storm water drainage where necessary for motorist safety or right-of-way maintenance. If ACHD determines that an agency's request for a project will have an adverse affect on storm water quantity or quality, the requesting agency, at its sole cost shall be responsible for mitigating any such adverse effects. 3109.4 Non -Transportation Components Road project elements over which ACHD has no statutory authority, must be coordinated with the appropriate land use and/or public transportation agency. 3109.4.1 Aesthetic Features A partnering agency may request the inclusion of aesthetic features for roadway projects in the ACHD Five -Year Work Plan. Aesthetic features may include, but are not limited to, landscaping, specialized pavement or sidewalk treatments, decorative lighting, and other non -transportation component features. 1. If a partnering agency requests an aesthetic feature on an ACHD project that is beyond ACHD's statutory funding authority, the partnering agency will be required to provide for 100% of the costs of the non -transportation component improvements including design, land acquisition, construction and perpetual maintenance. Adopted: 3109-3 Revised: Section 3109 - Interagency Cost Share Policy (CLEAN 5-19-09) (2).Docx 2. If a partnering agency elects to enhance a necessary transportation component of an ACHD project with an aesthetic feature, ACHD may provide a funding credit to the partnering agency that contributes towards the cost of the requested aesthetic feature under the following conditions: (1) the credit can only be applied toward enhancing a necessary transportation component and; (2) the aesthetic feature cannot diminish or eliminate the function of a transportation component; (3) the amount of the credit will not be greater than ACHD's avoided cost of the transportation component determined by ACHD; (4) the credit can only be applied on the same project; (5) credits will not be allowed for avoided costs associated with changes to number of travel lanes, lane widths or transportation components required for motorist or pedestrian safety. The terms of a credit will be specified in a project -specific interagency cost share agreement. 3. The partnering agency shall be solely responsible to provide for the ordinary and necessary maintenance, repair and operation of any aesthetic features installed in the right-of-way in perpetuity. If the partnering agency fails to ensure maintenance of the aesthetic features, ACHD may, after reasonable efforts working the partnering agency to cure the default, as specified in the applicable interagency agreement, elect to remove and replace the aesthetic features with the handscape or other materials consistent with standard ACHD practice. All costs associated with aesthetic removal and replacement will be borne by the partnering agency. Failure of the partnering agency to ensure maintenance of aesthetic features may jeopardize the partnering agency's ability to secure cost sharing agreements on ACHD projects until defaults are corrected and ACHD's expenses associated with aesthetic feature removal and replacement have been fully reimbursed. 3109.4.2 Medians Medians can be provided for aesthetics. 1. ACHD Development Policy, Transportation Research Board guidelines, and/or established engineering industry standards, will be used to determine the need for medians for access management and safety. 2. If a partnering agency requests medians that are not justified for traffic management based upon established engineering industry standards, then the requesting agency shall be required to provide 100% of the costs of the median, including, design, additional land acquisition, construction and maintenance. Adopted: Revised: Section 3109 - Interagency Cost Share Policy (CLEAN 5-19-09) (2). Docx 3109-4 3. ACHD is responsible for the cost of medians for traffic management which can be met with hardscaping. 4. A partnering agency is responsible for the installation and maintenance of aesthetic features in a median. 5. The decision to install aethestic medians will require public involvement and applicable land use jurisdiction support. ACHD has sole discretion with regard to installation of medians. 3109.4.3 Pedestrian/Bicycle Facilities Communities may desire pedestrian/bicycle facilities that are beyond ACHD's Livable Street Design Guide or other cross-section policies. In the pedestrian area, ACHD shall provide a buffer space to meet ADA requirements as defined in the Livable Street Design Guide. ACRD will pay for right-of-way to provide a pedestrian safety buffer up to a total of 6' of buffer space, if a city or partnering agency agrees to provide or ensure installation and maintenance of landscaping in the applicable space. On certain roadways, larger pedestrian zones/features may be justified at ACHD's expense if it can be demonstrated that it is needed for pedestrian safety and otherwise complies with the public necessity requirements for eminent domain as set forth in the Idaho Constitution Art. I, § 13 and Idaho Code § 7-701 et seq. 2. If a partnering agency requests additional bicycle and pedestrian facilities that are beyond ACHD's Livable Street Design Guide or other cross-section polices, the agency is required to provide 100% of the costs for additional improvements, including design, land acquisition and construction. 3109.4.4 On -Street Parking ACHD shall fund the right-of-way, construction, and maintenance of on -street parking where appropriate on arterials for ACHD projects. On -street parking on collectors and local roads will come from dedications, consistent with existing ACHD policy. On -street parking for arterials will come from dedications when required as a condition of development approval. On -street parking must be approved by ACRD. 3109.4.5 Federally -Funded Projects Federal and State laws, rules and policies determine what level of non -transportation elements should be included in STP -TMA projects. Adopted: 3109-5 Revised: Section 3109 - Interagency Cost Share Policy (CLEAN 5-19-09) (2).Docx 2. The match paid by partnering agencies on a project that combines both transportation and non -transportation elements shall be proportionate to the share of the non - transportation elements of the project. 3. STP -Enhancement projects may require additional discussion and negotiation as non -transportation features are generally components of such projects. 3109.4.6 Mitigation 1. Site specific mitigation may include specialized treatments such as sound walls, berms and other project components whose purpose is to mitigate traffic impacts within the project area. These requests stem from studies, project - specific outreach, planning efforts, and city requests. 2. Funding of mitigation, beyond that negotiated on a property by property basis during ACHD right-of-way acquisition process, will be handled on a case by case basis in consultation with partnering agencies during project development and with written approval of the Commission. 3109.5 Notice of Interest Partnering agencies should indicate possible interest in non -transportation elements during ACHD's annual request for jurisdiction priorities for the Five - Year Work Plan (FYWP). A partnering agency should indicate such interest in a letter to the ACHD Commission indicating project priorities. However, partnering agencies may indicate such interest at any time by a letter to the ACHD Commission, subject to the limitations in Section 3109.6 below. 3109.6 Project Development During project development, ACHD will provide interested partnering agencies the opportunity to identify desired aesthetic features and adopt an interagency cost share agreement. ACHD will develop the project consistent with the terms and conditions of an adopted interagency cost share agreement. General project timelines will be indicated in the FYWP. These timelines are subject to change through the annual update of the FYWP, project development and the budget. 1. When the first project design phase is initiated, (concept design or design) ACHD will involve the partnering agencies who have indicated an interest in writing to identify and evaluate alternatives and determine desired aethestic/non-transportation features Adopted: 3109-6 Revised: Section 3109 - Interagency Cost Share Policy (CLEAN 5-19-09) (2). Docx 2. ACHD establishes a detailed scope of work for the project design prior to initiating design work. Partnering agencies will be afforded the opportunity to review and comment on the scope of work for project design to ensure desired non - transportation features are included. 3. If an agency indicates interest in possible participation after a consultant design agreement has been signed, or requests changes to non -transportation features outside the current design scope of work, the partnering agency will be solely responsible for any additional design costs resulting from their request. 4. At the conclusion of concept design, and prior to initiating design, ACHD and the partnering agency shall enter into an interagency cost sharing agreement to outline cost share and other responsibilities for the project. Some projects proceed to design without a separate concept design phase. In these cases, ACHD and the partnering agency shall determine the desired features and enter into an interagency cost sharing agreement early in the design process. 5. If an agency declines to enter into an interagency cost sharing agreement, the project may be delayed, or project design may proceed without incorporating the partnering agencies' desired features. Any additional costs that result from a partnering agency declining to enter into an interagency cost sharing agreement, and later requesting additional features; shall be borne by the partnering agency. 6. Partnering agency requests after project design is complete will require full compensation from the partnering agency for design or other changes in the project. ACHD will work with the partnering agency to incorporate design features that are feasible, however not all requests, including those fully funded by the requesting agency, may be able to be accommodated due to site specific design constraints, status of land acquisition, the project schedule, and other feasibility issues. 3109.6.1 Acceleration of Project Construction Agencies may request project construction prior to ACHD adopted programming. 2. If a partnering agency supplements ACHD funding for the transportation elements of a project, ACHD awards the project points for non-ACHD funding in the prioritization of project ranking. Adopted: 3109-7 Revised: Section 3109 - Interagency Cost Share Policy (CLEAN 5-19-09) (2). Docx 3. If the partnering agency makes a project a top request of the agency, ACHD awards the project points for the partnering agency request in the prioritization of project ranking. A high-ranking request is also considered during the annual Five -Year Work Plan and budget updates, with efforts made to accommodate the request within other funding and schedule considerations. 3109.6.2 Acceleration through Cooperative Projects The ACHD Commission may enter into cooperative agreements with developers to construct projects through public-private partnerships with funding arrangements negotiated on a case-by-case basis. 1. ACHD will use the adopted Master Street Map and seek local land use jurisdiction input to identify desired non - transportation features when a development agreement is proposed. 2. ACHD will notify the applicable land use jurisdiction of a proposed development agreement and the land use jurisdiction will have at least 30 days, from the date of notification of the proposed development agreement, to indicate their desire to become a partnering agency for non -transportation features. 3. Partnering agencies desiring non -transportation aesthetic features will have the opportunity to become a party to the cooperative agreement between ACHD and the developer. The partnering agency's cost share responsibilities for the aesthetic non -transportation features will be negotiated upon terms consistent with this cost share policy, and set forth in the cooperative development agreement. 4. Partnering agencies seeking cooperative projects for ACHD system improvements outside of the normal development review process shall contact ACHD to initiate discussion and case by case negotiation of appropriate cost share. 3109.7 Intergovernmental Agreement Pursuant to Idaho Code 67-2332, ACHD may enter into intergovernmental agreements with other public agencies for the purpose of performing any governmental service, activity, or undertaking which each public agency is authorized by law to perform. Proposed project timeframes, anticipated project completion dates, payment and/or reimbursement provisions, as well as other duties and obligations of the parties, shall be negotiated in terms and conditions that are consistent with this cost share policy and set forth in a written intergovernmental agreement. The agreement shall be adopted by both the ACHD Commission and the partnering agency's governing body. Adopted: 3109-8 Revised: Section 3109 - Interagency Cost Share Policy (CLEAN 5-19-09) (2). Docx 3109.8 Procedures for Participation Prior to Project Development Any agency requesting ACHD consideration shall follow the following procedure: 3109.8.1 Master Street Map and Future Acquisitions Map Partnering agencies may indicate their desire for additional right-of-way for non -transportation elements at any time by concurrent ACHD and applicable land use jurisdiction adoption of a right-of-way width to accommodate the desired elements in ACHD's Master Streets Map and the land use jurisdiction's Future Acquisitions Map. Such adoption indicates the partnering agency is willing to provide funding for the additional features consistent with this policy and any interagency agreements. If a partnering agency and ACHD agree on the features for a roadway during a planning effort (e.g. comprehensive plan update, subarea or corridor planning, etc) they will indicate their commitment to cost share by adopting an interagency agreement and will each adopt the appropriate right of way width into ACHD's Master Street Map and the land use jurisdiction's Future Acquisitions Map. 2. ACHD will seek financial participation from the partnering agency when development applications present an opportunity for early right-of-way acquisition. 3. If the partnering agency declines to participate in early right-of-way acquisition, ACHD will acquire right-of-way for the basic footprint, as defined in ACHD's Livable Street Design Guide or other cross-section policies. Partnering agencies will be provided a second opportunity to purchase, at the partnering agency's cost, additional right- of-way during the right-of-way phase of ACHD's capital projects development provided that ACHD and the partnering agency enter into an interagency cost sharing agreement during the design phase. 4. If ACHD enters into a cooperative development agreement for improvements in the public right-of-way, ACHD will include the additional right-of-way and desired aethestic features adopted in the Master Street Map. 3109.9 Projects for Economic Development and Land Use Goals Projects of this nature typically evolve out of city area -specific planning efforts and include projects and initiatives beyond the transportation system needs and priorities identified by ACHD. Adopted: 3109-9 Revised: Section 3109 - Interagency Cost Share Policy (CLEAN 5-19-09) (2). Docx 2. Funding expectations for such projects are to be clearly spelled out and resolved during the planning process prior to presenting the project to the Commission for adoption. 3109.10 Exceptions The Commission reserves the right to consider exceptions from this policy on a case-by-case basis and in accordance with Idaho law. 1. The Commission may approve roadway design features that differ from the standard policies by adopting a concept design that specifies the alternative features. 2. A partnering agency may propose an exception during negotiation of a project specific interagency agreement. The agency proposing an exception should provide a justification for Commission consideration. 3. If there is an existing project specific interagency agreement, a partnering agency may propose an amendment to such agreement proposing an exception, with justification for Commission consideration. Adopted: 3109-10 Revised: Section 3109 - Interagency Cost Share Policy (CLEAN 5-19-09) (2). Docx Aim 11 Proiect Cost Responsibilities ITEM ACHD COST PARTNERINGAGENCY Design Standard Desian Desi n of Amenities Right -of -Way Project specific design dimensions Extra Right of Way (ROW) for or Livable Street Design Guide basic amenities as outlined in policy, street section if typology adopted by including damages, buyouts ACHD and jurisdiction in Master and associated legal costs Street Map or ACHD Capital Improvement Plan -subject to public necessity requirements for eminent domain as set forth in the Idaho Constitution Art. 1, § 13 and Idaho Code § 7-701 et seq. Through and Project specific design dimensions None Center Tum or Livable Street Design Guide Lanes, Curb and dimensions if typology adopted by Gutter, Utility ACHD and jurisdiction in Master Strip Street Map or ACHD Capital Improvements Plan Medians If needed for traffic safety & Upgraded hardscape or operations, with hardscape landscaping and irrigation if median is needed for traffic management. All ROW, construction, and maintenance if median is for aesthetics only Buffer Zone As specified in the Livable Street Landscape costs, construction Design Guide for the basic and ROW in excess of 6'; pedestrian zone; 6' ROW if perpetual maintenance of partnering agency chooses to landscaping landscape -subject to public necessity requirements for eminent domain as set forth in the Idaho Constitution Art. I, § 13 and Idaho Code § 7-701 et seg. Bike Lanes 5' unless constrained in a built Greater than 5' unless environment, then determined during otherwise specified in an project design adopted plan Sidewalks 5' Greater than 5' unless otherwise specified in an adopted plan On Street Parking ROW, design, construction and Dedicated by the partnering maintenance on ACHD arterial agency or developer for projects collectors and local roads. Dedicated by developer for arterials when required as a condition of development approval. Illumination Primarily of benefit to motorists Energy and Maintenance (lighting) costs, Pedestrian lighting 3109-11 Adopted: Revised: Section 3109 - Interagency Cost share Policy (CLEAN 5-19-o9) (2). Docx Property Management No. --233L-7 ?,)g6- X81,0 Parcel: S1223223240 Street: Ten Mile, Overland/Overland, ACHD Project No 510012 T3N,R1W,S23 1265• qf7- LICENSE AGREEMENT THIS LIC. �NS�AGREEMENT (the "Agreement") is made and entered into this �2 day of J 2010, by and between the City of Meridian, an Idaho municipal corporation ("Licensee") and the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, ("ACHD"). WITNESSETH: For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. RECITALS. 1.1 Licensee and ACHD are parties to that certain Interagency Cost Sharing Agreement dated AvlvsT- )o , 2010 (the "Interagency Agreement"). Pursuant to the Interagency Agreement, ACHD and Licensee have agreed to share certain costs related to the construction of a new roadway alignment and expansion of portions of the existing roadways of Ten Mile/Overland, ACHD Project No. 510012 as further described and defined in the Interagency Agreement (the "Project"). The parties have further agreed pursuant to the Interagency Agreement to execute this Agreement. 1.2 Licensee desires certain landscaping improvements to be incorporated into a portion of the Project. 1.3 ACHD's agreement in the Interagency Agreement to incorporate the Licensee's desired landscaping improvements into the Project is expressly conditioned upon Licensee's agreement to perpetually maintain and care for the requested landscape improvements. Accordingly, Licensee desires to obtain a license from ACHD for the placement, care, and maintenance of certain landscape improvements that are to be incorporated into the Project, and ACHD desires to grant Licensee a license for the placement, care, and maintenance of the landscape improvements. 1.4 ACHD owns and has exclusive jurisdiction over the area in which Licensee desires to place the landscaping as described and/or depicted on Exhibit A attached hereto (the "Landscape Area"). LICENSE AGREEMENT Ten Mile/Overland - Page 1 EXHIBIT "C" 1.5 Licensee desires a license to use the Landscape Area for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACHD is willing to extend such license to Licensee. 1.6 Licensee has agreed to undertake certain obligations with regard to the Landscape Area as further set forth in this Agreement. SECTION 2. LICENSE,• LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends to Licensee a license on, over, across and under the Right -of -Way for the following uses and purposes ("Authorized Use") and no others: Licensee agrees to construct install and maintain certain landscape improvements that are to be incorporated into the ACHD's Ten Mile, Overland to Overland Project, ACHD Project No. 510012 Final grading of landscaped areas shall slope away from Right of Way "hardscape" improvements including the edge of pavement, curbing and sidewalks. In general, licensee to install landscaping and sprinklers in a manner to eliminate irrigation flows and/or ponding of irrigation water within the ACHD Right of Way. Any perennial trees or plants that will extend roots deeper than 18 inches shall be prohibited over ACHD underground seepage beds, infiltration facilities or piping systems. Trees shall be offset from edge of seepage beds a minimum of 10 feet to allow for future root pruning, if necessary, and maintenance access for heavy equipment over beds. Infiltration areas shall not be covered with sod or non -free draining materials/soil. Access to inlets and outlets of ACHD Drainage Areas shall not be planted with trees, shrubs or any landscaping that would impede heavy equipment vehicle access. Licensee to observe the 40'sight triangle along the Right of Way and will not plant any shrubs or trees within the area or over any utility lines. All trees in the public Right of Way to be maintained by Licensee for clearance of 14' over all roadways measured at gutter plate and 8' over all sidewalks. Licensee to contact Digline Inc., prior to start of construction. Licensee to contact Construction Services at 387-6280 to verify if a construction permit is required. 2.2 This Agreement does not extend to Licensee the right to use the Right -of - Way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use public right-of-way. If the Right -of - Way has been opened as a public Highway (as used in the Agreement the term "Highway" is as defined in Idaho Code § 40-109(5)) Licensee's Authorized Use is subject to the rights of the public to use the Right -of -Way for Highway LICENSE AGREEMENT - Page 2 is also subject to he purposes. Licensee's Authorizedon inspection trights and statutory rights easements of record or obvious pection of the Right ofWay of utilities to use the public right-of-way. This Agreement it is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. SECTION 3. CONSTRUCTION OR INSTALLATION OF IMPROVEMENTS. Any repairs or maintenance, of the Licensee's improvements currently located in the Right - of -Way or the installation or construction of improvements by Licensee in the Right -of - Way as permitted by the Authorized Use, (the "Improvements"), shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACHD as required to satisfy applicable laws, its policies and good engineering practices. In approving such plans and specifications, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Improvements, and the responsibility therefore shall be and remain in Licensee. SECTION 4. WAIVER AND ESTOPPEL STATEMENT BY LICENSEE. Licensee acknowledges and agrees that the license granted herein is temporary, and merely a permissive use of the Right -of -Way pursuant to this Agreement. Licensee further acknowledges and agrees that it specifically assumes the risk that the license pursuant to this Agreement may be terminated before Licensee has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Improvements, and Licensee hereby waives and estops itself from asserting any claim that the license is in any way irrevocable because Licensee has expended funds on the Improvements and the Agreement has not been in effect for a period sufficient for Licensee to realize the economic benefit from such expenditures. SECTION 5. TERM. 5.1 The term of this Agreement will commence on the 4t' day of August, 2010, and will continue until terminated by ACHD, with or without cause, which termination shall be effective following THIRTY (30) DAYS advance written notice of termination given to Licensee. Both parties believe that this Agreement does not violate this provision of the Idaho Constitution. Without limiting the foregoing, they agree and acknowledge that the City's agreement to maintain, repair, and replace the landscaping as set forth in the License Agreement is an ordinary and necessary expense. Upon expiration of the THIRTY (30) DAYS, ACHD shall record a Revocation of License Agreement in the Official Real Property Records of Ada County, Idaho. 5.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder ACHD may terminate this Agreement and the rights extended to LICENSE AGREEMENT - Page 3 Licensee hereunder at any time, effective at the end of THIRTY (30) days following the date ACHD shall provide written notice of termination to Licensee, which ht ice shall specify such default(s). Licensee shall have such THIRTY (30) day period rrect and cure the specified defaults, and if so corrected and cured, to the satisfaction of ACHD, this Agreement shall not be terminated but shall continue in full force and effect. SECTION 6. FEE. There is no annual fee for the Licensee's Authorized Use of the Right -of -Way under this Agreement. SECTION 7. MAINTENANCE, FAILURE TO MAINTAIN: RELOCATION OF UTILITIES. 7.1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices. Licensee shall have access over, across and under the Right -of -Way for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Right -of -Way is damaged as a result of: (i) the performance by Licensee of the maintenance required by section 7, or the failure or neglect to perform such maintenance; and/or (ii) Licensee's design, installation or use of the Improvements, regardless of cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Right -of -Way to the same condition it was in prior thereto, and if Licensee shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 7.3 Notwithstanding the provisions of section 7.2, should an emergency exist related to the Licensee's use of this license which threatens the stability or function of the Highway on or adjacent to the Right -of -Way or the safety of the public use thereof, ACHD shall have the right to immediately perform, on behalf of, and at the cost of Licensee necessary emergency repairs. 7.4 Licensee will be responsible for the relocation of any existing utilities located on the Right -of -Way as may be required in connection with any construction or installation of Improvements by Licensee in the Right -of -Way. LICENSE AGREEMENT - Page 4 SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right -of -Way be widened and/or realigned, redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for all costs for relocating, modifying or otherwise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACHD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACHD in writing; provided ACHD gives Licensee adequate written notice as necessary to allow Licensee to redesign, relocate, modify or adapt the Improvements to the realignment and/or relocation and/or reconstruction of the Highway and also licenses Licensee such additional area of its right-of-way, if any, as may be necessary for the proper operation of the Improvements. SECTION 9. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof requires Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit from ACHD (Construction Services Division) before commencing such work, and pay the required fees and otherwise comply with the conditions set forth therein. SECTION 10. NO TITLE IN LICENSEE. Except as expressly provided herein, the terms and conditions of this Agreement shall not create any type of property right, title or interest in Licensee in or to the Right -of -Way other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 11. NO COSTS TO ACHD. Any and all costs and expenses associated with Licensee's Authorized Use of the Right -of -Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION 12. TAXES AND ASSESSMENTS. Licensee agrees to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement. SECTION 13. RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensee will promptly remove all Improvements and restore the Right -of - Way to at least its present condition. Should Licensee fail or neglect to promptly remove the Improvements and restore the Right -of -Way, ACHD may do so, and assess Licensee for the costs thereof. Provided, ACHD and Licensee may agree in writing that some or all of such Improvements are to remain on the Right -of -Way following termination, and by entering into such an agreement Licensee thereby disclaims all right, title and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost. Further provided, if the Authorized Use of the Right -of -Way under LICENSE AGREEMENT - Page 5 this Agreement is for landscaping in ACHD right-of-way and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rules and regulations governing the landscaping and maintenance of such right-of-way by owners of the adjacent property, to the extent such owners are obligated to maintain and irrigate the landscaping Licensee need not remove the same from the Right -of -Way. SECTION 14. INDEMNIFICATION. Licensee hereby indemnifies and holds ACHD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens, arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents, to properly and reasonably make Authorized Use of the Right -of -Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Right -of -Way by Licensee, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglect occurring during the term of this Agreement, Licensee's obligations pursuant to this section shall survive the termination of this Agreement. SECTION 15. COMPLIANCE WITH LAW, WASTE AND NUISANCES PROHIBITED. In connection with Licensee's use of the Right -of -Way, throughout the term of this Agreement Licensee covenants and agrees to: (i) comply and observe in all respects any and all, federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Right-of-way of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or occurrence presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by ACHD or any other unit of government; and (iii) commit no waste or allow any nuisance on the Right -of -Way. Licensee covenants and agrees to indemnify and hold ACHD harmless from and against any and all claims, demands, damages, liens, liabilities and expenses (including without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. SECTION 16. ASSIGNMENT. Licensee, upon the prior written consent of ACHD, may sell, assign or otherwise transfer this Agreement. Upon execution of the Assignment, the assignee assumes all obligations, warranties, covenants and agreements of Licensee herein contained. LICENSE AGREEMENT - Page 6 SECTION 17. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 18. NOTICE. Any notice under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days following the day of deposit in the United States Mails, (c) the day of delivery to the overnight courier, or (d) the day facsimile delivery is electronically confirmed. If to ACHD: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 Attn: Right of Way Division If to Licensee: City of Meridian Department of Parks & Recreation Director 33 E. Broadway Ave. Meridian, Idaho 83642 SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and, if consented to by ACHD under section 16, Licensee's assigns. SECTION 20. EXHIBITS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 21. RECORDATION. This Agreement will not be recorded. SECTION 22. AUTHORITY TO EXECUTEe. 22.1 The person executing this Agreement on behalf of ACHD represents and warrants due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. LICENSE AGREEMENT - Page 7 22.2 If Licensee is not a natural person, the person executing the Agreement on behalf of Licensee represents and warrants due authorization to do so on behalf of Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is binding upon, and shall inure to the benefit, of Licensee. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. Licensee City of Meridian: Tammy a eerd Mayor �. ME/�j ATTEST: Fo SEALCO _= ado O ler 9� Usr Is1 . Z' COUNT`S ACHD: ADA COUNTY HIGHWAY DISTRICT 09?9-2� By: Chanon B. Romo Its: Right of Way Supervisor LICENSE AGREEMENT - Page 8 Meridian City Council Meeting DATE: August 10, 2010 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Ordinance No. ID-Ig5ot : An Ordinance of the City of Meridian Providing for a New Chapter of Title 2 of the Meridian City Code, to be Chapter 6, Relating to the Establishment, Duties and Powers, Membership, Organization, and Meetings of the Solid Waste Advisory Commission; and Providing an Effective Date. MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. Iy — Sa BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN PROVIDING FOR A NEW CHAPTER OF TITLE 2 OF THE MERIDIAN CITY CODE, TO BE CHAPTER 6, RELATING TO THE ESTABLISHMENT, DUTIES AND POWERS, MEMBERSHIP, ORGANIZATION, AND MEETINGS OF THE SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Ordinance No. 10-1450, on June 22, 2010, approved the establishment of a Solid Waste Advisory Commission; and WHEREAS, the City Council of the City of Meridian finds that setting forth the provisions relating to the establishment, duties and powers, membership, organization, and meetings of the Solid Waste Advisory Commission will promote the efficiency and function of such Commission; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That Title 2, Chapter 6 of the Meridian City Code shall read as follows: Chapter 6 SOLID WASTE ADVISORY COMMISSION 2-6-1: ESTABLISHMENT: There is hereby established a Solid Waste Advisory Commission, the purpose of which shall be to propose and recommend to the Mayor and the City Council any new or amended rules, regulations, policies, and fees as such may relate to the orderly and efficient administration of the City's fully -automated solid waste collection system. 2-6-2: DUTIES AND POWERS: A. Advisory to City Council: The Solid Waste Advisory Commission shall be deemed advisory and shall report and make recommendations to the Mayor and City Council. All actions of the Solid Waste Advisory Commission shall be subject to approval by the Mayor and City Council by resolution and after such approval shall have the force and effect of ordinance. B. Annual Report: The Solid Waste Advisory Commission chairperson shall submit an annual report to the Mayor and City Council regarding the Commission's activities and accomplishments in the furtherance of the objectives of this Chapter. SOLID WASTE ADVISORY COMMISSION ORDINANCE PAGE Iof 4 C. Commission Authority: The Solid Waste Advisory Commission shall be authorized to: 1. Propose and recommend to the Mayor and the City Council any new or amended rules, regulations, policies, and fees as such may relate to improving the orderly and efficient administration of the City's fully -automated solid waste collection system and voluntary co -mingled recycling program; 2. Propose new programs and projects designed to encourage, promote, and improve the solid waste and recycling practices in the community, helping reduce the amount of waste that ends up in the landfill; 3. Recommend ordinances for the purposes of ensuring that the fully -automated solid waste collection system and voluntary co -mingled recycling program result in a cleaner, safer community and allow for more cost-effective services; 4. Suggest and recommend such rules, regulations, policies, and fees necessary and desirable to enhance the equitable distribution of the cost of solid waste collection and disposal services in the community; 5. Assess the needs of the Meridian community with regard to the management of solid waste and make such information available to the City Council and all interested agencies and persons; 6. Propose plans, recommendations and suggestions for the future growth, development and regulation of solid waste and recycling facilities and services of the City; 7. Cooperate with the Federal, State, and local governments in the pursuance of the objectives of this Chapter; 8. Study and report to City Council changes in economic conditions, industry trends, and regulatory measures relating to the cost, operation and management of the City's fully -automated solid waste management system and voluntary co - mingled recycling program; 9. Receive, review, and act on solid waste management concerns or issues brought forth by citizens of Meridian, with recommendations to be forwarded to the Mayor and City Council; SOLID WASTE ADVISORY COMMISSION ORDINANCE PAGE 2of 4 2-6-3: MEMBERSHIP: A. Membership: 1. The Solid Waste Advisory Commission shall consist of a minimum of five (5) members and not more than nine (9) members. 2. Members of the Solid Waste Advisory Commission shall be appointed by the Mayor and approved by City Council on a vote of a majority of the City Council members, and Commission members may, in like manner, be removed. 3. All members of the Solid Waste Advisory Commission and the officers thereof shall serve without salary or compensation. The City shall provide the necessary and suitable equipment and supplies to enable the Commission to properly transact and attend to its business. A budget for Commission equipment and supplies shall be provided for in the City budget and administered by the Solid Waste Advisory Commission's designated City staff liaison. B. Qualifications: All members of the Solid Waste Advisory Commission shall have a demonstrated interest, competence, or knowledge in recycling and solid waste management. Members of the Solid Waste Advisory Commission shall be selected from the following groups: the Utilities Billing Manager or designee, the Director of the Public Works Department or designee; the City Attorney or designee, and at least three (3), but no more than five (5), Meridian citizens; one member of the Meridian City Council who shall serve as a liaison and ex officio member of the Commission without voting rights; and one member who represents the solid waste franchisee who shall serve as a liaison and ex officio member of the Commission without voting rights. One position may be designated to represent youth, which Commission member may be, at the time of appointment, under eighteen (18) years of age. C. Terms: Each Solid Waste Advisory Commissioner shall serve a term of three (3) years, provided that the youth member shall be appointed to a term of one (1) year, from September 1 through August 31. Commissioners wishing to serve additional terms must submit a letter of interest thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the Mayor, with confirmation by the City Council. D. Vacancies: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. 2-6-4: ORGANIZATION: A. Officers: At the first meeting of each calendar year, the members of the Solid Waste Advisory Commission shall meet and organize by electing a chair, vice chair, and such SOLID WASTE ADVISORY COMMISSION ORDINANCE PAGE 3 o 4 other officers as may be necessary. The Commission may request assistance from the City Clerk. B. Rules and Bylaws: The Solid Waste Advisory Commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the Commission. All Commission bylaws, rules and regulations are subject to the approval of the Mayor and City Council after recommendation by the Commission. 2-6-5: MEETINGS: The Solid Waste Advisory Commission shall convene regular meetings at the Meridian City Hall, 33 East Broadway, Meridian, Idaho, each month at _p. m., on the of each month unless, at the first meeting of each calendar year, the Commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. All meetings of the Commission shall be open to the public, and shall follow the requirements of Idaho's open meeting laws. The Commission shall keep minutes and other appropriate written records of its resolutions, proceedings, and actions. The Commission shall allow and promote public participation in the meetings of the Commission. Additional meetings of the Commission may be scheduled as necessary to carry out the business of the Commission. Section 2. That this Ordinance shall be in full force and effect beginning on , 2010. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2010. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee L. Holman, City Clerk SOLID WASTE ADVISORY COMMISSION ORDINANCE PAGE 4of 4