The URL can be used to link to this page

2010-04-06Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL and PLANNING AND ZONING COMMISSION NOTICE IS HEREBY GIVEN that the City Council and the Planning and Zoning Commission of the City of Meridian will hold a Special Meeting in the City Council Chambers at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, on Tuesday, April 6, 2010 at 5:30 p.m. The following Commissions and Board have also been invited to attend: Arts Commission Traffic Safety Commission Historical Preservation Commission; and Meridian Development Corporation Board The following item will be the topic of discussion: Destination: Downtown DATED this 2"d day of April, 2010. ~rF ; o ;~-- ~ = HOLMAN - CITY ~L ,~ ~ 1~ .~ ~~ ~' ~d,~ T 1 SZ ~ Q~ ` ., ~~ ~ ~. .~ ~i~~~~'''f- f1 `~ `~~~~• Meridian City Council Special Meeting -April 6, 2010 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIAN ~~® CITY OF MERIDIAN CITY COUNCIL & PLANNING AND ZONING COMMISSION JOINT MEETING PRE-COUNCIL AGENDA Tuesday, April 6, 2010 at 5:30 p.m. s ~• ~~ P~ ~ ' City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-Call Attendance '/David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd Tom O'Brien Wendy Newton-Huckabay Scott Freeman ~ Joe Marshall ~/ Michael Rohm -Chairman 2. 3. Adoption of the Agenda Destination: Downtown ~~II~ Ir- ~v-.`~t ~ i ~! L,.Z ~P„~~ ~,~ l~ ~ r S l~a~ - °fl (~~v\. ~ P.~ . o~ c~-- _ ~ •,~~ s ~~,G~ Meridian City Council & P8Z Joint Meeting Agenda -April 6, 2010 Page 1 of 1 J All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. (~~E IDIZ IAN;=-- ~J CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA Tuesday, April 06, 2010 at 7:00 PM 1. Roll-Call Attendance David Zaremba ~ Brad Hoaglun ~ Charlie Rountree -~ Keith Bird ~_ Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Darrell Taylor with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. March 23, 2010 City Council Meeting Minutes B. Final Closeout of Meridian Senior Center Rehabilitation Project for a Not-to-Exceed Amount of $460.00 C. Community Development Block Grant (CDBG) Subrecipient Agreement with the Boys & Girls Club for $17,000.00 D. Water and Sewer Main Easement for Kings Congregation Church E. Development Agreement: AZ 09-005 JJA Land by Mason and Stanfield, Inc. Located at Northwest Corner of North Linder Road and West Ustick Road: Request for Annexation and Zoning of 5.89 Acres from RUT (Ada County) to C-C (Community Business) Zoning District F. Acceptance Agreement: Display of Artwork of Chris Wethered in Initial Point Gallery G. U.S. Geological Survey Joint Funding Agreement for Water Quality Sampling for aNot-to-Exceed Amount of $33,952.00 Meridian City Council Meeting Agenda -Tuesday, April 06, 2010 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Change Order #3 to the Original Contract Dated November 30, 2004 with Civil Survey Consultants, Inc. for Additional Professional Services Associated with the Construction of Well #27 Pump House for aNot-to-Exceed Amount of $6,000.00; Original Contract Price $26,500.00 I. First Addendum to the Cooperative Construction and Reimbursement Agreement with Primeland Development Co., LLP, for the Construction of a 12-Inch Water Main from the Intersection of Ten Mile and McMillan Roads West Approximately 1,000 feet J. Beer/Wine/Liquor License Owner Transfer from Restaurant Concepts II, LLC to AmRest, LLC DBA Applebee's Neighborhood Grill and Bar; Located at 1460 N. Eagle Rd K. Approval of 2010-2011 BeerlWine/Liquor License Renewals: JBs Restaurant 1565 S. Meridian Rd. Beer/Wine Ram Restaurant 3272 E. Pine Ave. Cheerleaders Bar & Grill 3541 N. Eagle Rd. The Cigarette Store Maverik #410 Maverik #343 Maverik #233 200 E. Fairview Ave. 1630 E. McMillan Rd. 1545 E. Overland Rd. 1605 Cherry Ln. Baja Fresh Mexican Grill 1440 N. Eagle Rd. Buffalo Wild Wings Ustick Chevron LLC Don Diego's Restaurant WinCo Foods LLC Famous Daves Applebee's 3223 E. Louise Dr. 770 W. Ustick Ave. 2951 E. Overland 1050 S. Progress Ave. 3510 N. Eagle Rd. 1460 N. Eagle. Rd. Beer/V11ine/Liquor BeerlWine/Liquor Beer BeerlWine Beer/VNine BeerMline Beer Beer/Wine/Liquor Beer/Wine Beer/Wine Beer/Wine Beer/Vlline/Liquor BeerlWine/Liquor Meridian City Council Meeting Agenda -Tuesday, April 06, 2010 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Texas Roadhouse 3801 E. Fairview Ave. Beer/VVine/Liquor Albertsons #180 3301 W. Cherry Ln. Beer/Wine Albertsons #164 20 E. Fairview Ave. Beer/Wine Its All About You Catering 2951 E. Overland Rd. Beer/Wine Walmart #2862 4051 E. Fairview Ave. Beer/Wine Epi's 1115 N. Main St. Beer/Wine Winger's 1701 E. Fairview Ave. Beer/VNine Fiesta Guadalajara 704 E. Fairview Ave. Beer/VNine/Liquor Divine Wine 2310 E. Overland Rd. #105 Beer/Wine Vina Restaurant 1534 N. Main St. Beer Meridian Speedway 335 S. Main St. Beer/Wine Louie's Pizza 2500 E. Fairview Beer/VVine/Liquor Strikers 324 Meridian St. BeeNVVine/Liquor The Big Smoke #6 234 W. Franklin Beer/Wine White Water Saloon 1646 N. Meridian Road BeerMline/Liquor Fred Meyer Store #198 1850 E. Fairview Beer/Wine L. Resolution No. 10-717: Adopting Reallocation Amendment to Program Year 2008 CDBG (Community Develo pment Block Grant) Action Plan M. Resolution No. 10-718: A Resolution Vacating a Portion of the Water Easement within Lots 45 and 46, Block 7, Settler's Crossing (aka Sundance Subdivision No. 5), Located in the Southwest'/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, State of Idaho N. Department of Environmental Quality (DEQ) Joint Powers Agreement Discussion: Permission for the Mayor to Sign and the Clerk to Attest Meridian City Council Meeting Agenda -Tuesday, April 06, 2010 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports A. Mayor's Office 1. Appointment of Fire Chief Mark Niemeyer Approved 2. Resolution No. 10-719: Appointing Treg A. Bernt to the Meridian Parks and Recreation Commission Approved B. Clerk's Office: Request to Waive the $50.00 Fee for a Temporary Use Permit Application by Meridian High Lacrosse Team (Jenni Foster, Parent Representative) Approved Waiver of Fee C. SWAC Update: Sanitary Services Company (SSC) Public Outreach Campaign D. Building Department: City Wide Fire Alarm and Monitoring Recommendation Continued Discussion to a Later Meeting E. HR/Public Works Departments: Discussion on Personnel Changes F. Legal Department 1. Continued From March 23, 2010: Approval of New Beer/Wine/Liquor for Sunrise Bakery and Cafe; located at 805 N. Main St. Approved 2. Continued From March 23, 2010: Approval of Beer/Wine/Liquor 2010-2011 Renewal for Sunrise Bakery $ Cafe located at 805 N. Main St. Approved 7. Items Moved From Consent Agenda 8. Action Items A. Public Hearing: Meridian Parks & Recreation Department Fee Schedule B. Resolution No. 10-720: Adopting Meridian Parks 8~ Recreation Department Fee Schedule Approved C. Continued Public Hearing from March 2, 2010: TE 10-002 Emerson Park by Kuna Victory, LLC Located at 2910 Sz 3030 S. Meridian Road Request for an 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Approved Meridian City Council Meeting Agenda -Tuesday, April 06, 2010 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Ordinances A. Ordinance No. 10-1445: AZ 09-005 JJA Land by Mason and Stanfield, Inc. Located at Northwest Corner of North Linder Road and West Ustick Road: Request for Annexation and Zoning of 5.89 Acres from RUT (Ada County) to C-C (Community Business) Zoning District Approved B. Amended Ordinance No. 766 A. An Amended Ordinance Granting Annexation and Zoning for Land Known as Tremont Place Subdivision Commonly Located in the Southwest '/4 of Section 12, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho Approved 10. Other Items A. Executive Session per Idaho State Code 67-2345 (1) - (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency; and (f) To Consider and Advise its Legal Representatives in Pending Litigation Into Executive Session at 8:20 p.m. Out of Executive Session at 10:05 p.m. Adjourned at 10:05 p.m. Meridian City Council Meeting Agenda -Tuesday, April 06, 2010 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Changes to the Agenda: None Item: 8.C -Emerson Park (TE-10-002) Location: The site is located at 2910 & 3030 S. Meridian Road, northeast of the S. Meridian Road/E. Victory Road intersection. Application: The applicant requests approval of an 18-month time extension for the preliminary plat in order to obtain the City Engineer's signature on the fmal plat for Emerson Park Subdivision. The plat consists of 34 building lots & 1 common lot on 17.84 acres of land, zoned C-G. Background: An 18-month time extension was approved by the Planning Director in December, 2009. A condition of the time extension, required submittal of a letter of credit for a proportionate share of the Black Cat sewer trunk line construction as originally required with this development along the project's frontage on Victory Road. The LOC was required to be submitted by January 31, 2010 in order for the extension to remain valid. The applicant failed to do so and consequently, the extension has expired. The reason the applicant allowed the previous time extension to expire is because they disagreed with the condition requiring the letter of credit and failed to request City Council review of the Director's decision within the allowed time period. Highlights of the Request: The applicant requests an 18-month time extension to obtain the City Engineer's signature on the final plat be approved without the requirement for the letter of credit. Update: At the Council meeting on March 2"a Council directed staff to meet with the applicant to discuss alternative options in regard to the requirement for the applicant to submit a letter of credit/surety for the sewer construction improvements required along the frontage of the property on Victory RoaaL Written Testimony: The applicant submitted a letter in agreement with the revised conditions of approval. Staff Recommendation: Approval w/conditions -After meeting with the applicant as requested by Council, Staff revised the condition pertaining to surety for sewer construction improvements in the staff report as agreed upon by Staff & the applicant as follows: "The applicant shall submit to the City, an irrevocable letter of credit or cash deposit for their portion of the sewer construction improvements required with this development along the project's frontage in Victory Road. The approximate total amount of the letter of credit is $30,000.00. This amount will be verified by construction bids received by the City. The applicant shall submit the letter of credit within X90 days of City Council approval of the subject time extension in order for this time extension to remain valid. Contact Meridian Public Works Department for more information at 898-5500." Notes: MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. SA REQUEST March 23, 2010 City Council Meeting Minutes AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. SB REQUEST Final Closeout of Meridian Senior Center Rehabilitation Project AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See At#ached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ICDBG Project Closeout -Meridian Senior Center -Phase II Jaycee Holman _- -__ From: Marianne Massey [mmassey@sageidaho.com] Sent: Wednesday, March 03, 2010 3:14 PM To: clerk Subject: ICDBG Project Closeout -Meridian Senior Center -Phase II Importance: High Attachments: closeout.doc; FINAL RFF.xIs; 1385_CityOfMeridian.pdf Jaycee, Page 1 of 1 Please find attached the documents needed for the Final Closeout of the Meridian Senior Center Rehabilitation project. Feel free to contact me if you should have any questions. Thank you, Marianne Massey, Planning Technician Business & Community Development Sage Community Resources 125 E. 50th Street Garden City, ID 83714 P: 208.322.7033 x215 F: 208.322.3569 E: mmassey~a.sageidaho.com Sage Community Resources provides community and economic development services through partnerships to create healthy communities in the ten counties of Southwest Idaho. Ilirortinnc• 1. Page 1, 5,7 Have the Mayor sign and date three (3) copies of pages 1, 5, and 7. 2. Final RFF Please have the Mayor sign and date. 4. Once everything has been signed, send the following to my attention at Sage: • 3 copies of the Final Closeout with the Mayor's original signature(s) • The FINAL RFF with the Mayor's original signature Be sure to keep a copy for your files. «closeout.doc» «FINAL RFF.xIs» «1385_CityOfMeridian.pdf» 3/4/2010 M O O O O ti M O 0 ~ ~ ~ CD {~ O L ti M ~ O H o m ~a Li ~ r-~ f0 ~~ O a~ ~~ L y C9 '- ~ c O a m O ++ m d ~ Oc ~ o d U D ~; ~` ~C ~ ~ o U o O c ~m ~ ~ ~o O L t0 v O N~Y Y. O d ~ ' d N ~ ao C Gi G ~ ~ n V ~ O ~ ~ C~ c~ Es c~ to ts~ cf! ~ cs3 ~ N it d ~ ~ tl' 1 `ct mV n c o ~ a~ C u Q ~ otf a ~ cfl ~ e~ y u ~ C m 3 ~ ~ H m C ~ ~ V ~ ~ ' ~ Q ~o o . x ~n`.d. .~ N N C C t G V p !D Q m a m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a. 'a o cn ~ ~ ~ ~ ch ~ ~o ~'' c N o,a ~ ~ ~ ~ v ~ O ~ v~ ~ vs ~ c~s cn d y t~ M O ~ i Ch N ~ t ~ ~ M ~' O. 'd' ~ ~ U o 3 ~ C U o N a LL m E+ ~ N S _ ry+ d' y N O O G~ Of O F' OC O V ~ o N cm a ~ ~ ~ ~ ~ ~ ~ ~ U 'fl ~ ° m E~ ~+ a M o E a C W V am' c» ~ cfl cfa ~ ~ ~ ~ 7 ~' ~ N N ~ N ~ ~ ~ ~!' LN() ` o a ~ Ef3 to l!> FA ~A tf? Lf? t!3 C IQ f0 c a+ O ~ O M O ~ :~ N ~ ~ ~ ~ ~ ~ m ~ m M77 W ~ Q ~ U ~ v c O - c ~ ~ ~ o ~ ~_ •C ~ 2 m m H E U ~ C Of a J Q Q V J Q Ia- ~ C7 ~ Q f~ U LLl li O Z m m y V Q N N -_ ~ ~~ N N ~ m j, ~ a y U ~ p U O c m a a~ c ~ -O N C Ste. f6 O o m 'D 0 0 ~~ °~ a v m m c~co ~ a ~ o m ~~~ C f6 U O ~ ~p ~ C p .fl ~ ~ a> ~ ~ ~ O ~ .O V m -gyp N w ov m ~ Q. N N y ~ ~ ~ ~~a~ m ~' .O (A C ~ C m ~ U ~ N C ~ .~ V C V7 O C C O V a c°~c 'u. a m O N y '.O'7 C ~ C C U U U O m ~~ '~ m m y ~ ~ ~ Z C ~ ~ ~"~ '.l ~~ V "Z LL. LL Z Safe Community Resources 125 East 50th Street Garden City ID 83714 208-322-7033 Invoice City of Meridian Emily I{ane/Meridian Arts Commission 33 E. Broadway Ave Meridian ID 83642 03/03/2010 Invoice # : 1385 Order # Description: Administrative expenses for closeout of Meridian Senior Center - Phase II project ICDBG06-III-OS-SR Total Amount Due $460.00 Closeout Agreement This Agreement is made by and between the Idaho Department of Commerce (IDC) and the City of Meridian. In reliance upon, and in consideration of mutual representations, lDC and the Grantee agree to close Project No. ICDBG 06-III-05-SR without a final grant auditi Since casts have been incurred subsequent to the audit report performed by Bailey 8~ Company for the period of FY 09, the Grantee agrees to remit to final audit for Fiscal Year ending 09. Further it is agreed the amount of any costs that are disallowed by the final audit will be remitted to the Idaho Department of Commerce. The final audit has been reviewed and accepted. Idaho Department of Commerce Signature Typed Name Titre Date City of Meridian Grantee X G~~%Ll./ Signature Tammy de Weerd Typed Name Mayor Title x ~{-l~~ n Date -1- Final Pertormance Report Grantee City of Meridian Contract Number ICDBG 06-III-05-SR Project Type: PF Housing ED SC/CC X Other National Objective: LMI X Slum & Blight IM Threat Prepared By: Marianne Massev Telephone 322-7033 ext 215 Date 2/15110 Project ActlvitPes Provide a detailed narrative of completed activities. The discussion should include specfic activities accomplished, how they were accomplished, who was involved, and how the activity relates to the overall project At the very least, provide a paragraph describing the grantee's activities for each of the applicable project areas: • Professional Services (Grant Administration, Engineering, Legal, etc.) The City of Meridian sent aut a Request for Proposals for Grant Administration to threes Certified Grant Administrators, with responses due January 23, 2006. Sage Community Resources (Sage) was selected as the Cerhfi~ Grant Administrator. Walter Lindgren, AlA Architects, provided architectural senrices to the Senior Center. • Construction: This project consisted of different components and each was purchased using the small purchase method. Therefore bid openings were not required. Bids were solicited for each of the components of the project and Debarred Checks were conducted for the selected contractors. A letter dated July 14, 2009 from the City's Building Official to the Idaho Departrnent of Commerce stated the work done on the Senior Center had been reviewed and was determined the project to be complete and to have been constructed adequately. • Environmental Review: The City of Meridian requested that Jennifer Tomlinson of Sage Community Resources serve as the Environmental review officer in a letter dated February 16, 2006. The Release of Funds was signed August 2006. The project was categorized with a Finding of Exemption. • Citizen Participation: The Citizen Participation Plan was approved and signed by the City on February 17, 2004, and it was published in the Valley Times on March 28, 2005. A Notice of Public Hearing was published in the Valley Times January 3 and 10, 2006 for the initial public hearing, which was -held on February 14, 2006. The Status of Funds public hearing was held on June 23, 2009. • Section 3: None of the contractors used/hired Section 3 employees for this project. • Acquisition: None • Civil Rlgh~: The City of Meridian adopted the residential Anti-Displacement and Relocation Assistance Plan on February 17, 2004, and it was published in the Valley Times on March 28, 2005. • Fair Housing: The City updated and adopted a Fair Housing Policy on February 17, 2004, and it was published in the Valley Times on March 28, 2005. The Fair Housing Impediment Analysis is not required as Meridian is an ICDBG entitlement city. -2- Final Pertormance Report • ADA1504: The City adopted a Policy Regarding Non-discrimination on the Basis of Disability February 17, 2004, and it was published in the Valley Times on March 28, 2005. The City's Grievance Procedure was passed on February 17, 2004. The City completed their 504 Transition Plan November 2005. Project Benefda A. Project Accomplishments Proposed Benefits: Address statewide goal -increase access to quality facilities and services. This project will assist the community and Meridian Seniors in meeting basic code requirements including health, safety, fire, and ADA accessibility throughout The Meridian Seniors do not have sufficient resources to continue facility maintenance without partr~ership funding from CDBG. This is Phase II of amulti-phased improvement and rehabil'dation project The project consists of correcting the main entry ramp, which currently does not meet ADA guidelines, installing new energy efficient windows in order to reduce the amount of limited resources that is expended on utility bills, installing air conditioning for the kitchen, and replacing not only the main entrance doorway, but also replacing five internal doors that are only 30° wide and difficult for those confined to wheelchairs to enter and exit These are the last items identified In the Meridian Seniors Capital Improvement Plan and would allow the Center to attend to the needs of a growing clientele. Regional Benefit: 1,132 meals prepared each week (58,891 meals prepared in 2005) Meridian Senior Center is the Regional Center for food delivery to other smaller centers in western Treasure Valley (Boise Senior Center is the other Regional Center) Community Benefit: 1,892 senrice days each year (multiple services 5-daysiweek) Full-time Center use (5-days/week by commun'dj+, children, and seniors) Low Income Benefit: 60-80% of Meridian Senior Center Clients at or below poverty Investment Value: F~cisting Facility: 9,784 sf SF Cost (Grant to-Total) $10.22 - $17.54sf ($100, 000-to-$171, 603) New Facility Cost: $87 - $1021sf ($850,000 - $1,000,000) SAVINGS: $76.78 - $84.67/sf ($750,000 - $828,397) -3- Final Performance Report Minimum Code: Project meets minimum requirement for ADA accessibility, Idaho Building Code (IBC), health, and safety Funding Grant = 64% of total project ($55,000) Partnership: Match = 36% of total project ($ 30,775) Project is Ready to go: Permits have been identified and all costs waived. Detailed line-item cosh have been prepared. Accomplished Benefrfs: All of the proposed benefits listed above have been accomplished. B. Numerical Benefits Benefits: Public. Downtown, ED Amount In Application Actual Accomplished (Linear feet, Slze or (Linear feet, Slze or Numbers Numbers Distribution Roof Re lacement LMI Assessments LMI Connections Street Sidewalk Other (building Improvements) •fully-accessible interior office doors •fully-accessible interior office doors •fully-accessible main entrance (ramp, •fully-accessible main entrance threshold, & exterior doors) (ramp and new exterior doors) • new windows • new windows • new fire-safe and health-compliant • new fire-safe and health-compliant soundboards in dining area soundboards in dining area • air conditionin in kitchen area B. National Objectives Met 1. Proposed National Objective: The project entails rehabifitation and upgrade of an e~asting senior citizen center, thus constituting an eligible activity as defined by Rule 011.05. The sole beneficiary of this project will be senior cdizens; a constituency presumed to meet the U.S. Department of Housing and Urban Developments definition of low to moderate income, as stated in rule 016.33a. 2. Actual: The renovation of the Senior Center met the National Objective under rule 011.05 as well as expanded the services that are provided by the Center. -4- Final Performance Report 3, Numerical LMI Benefits Cate a Pro acted Actual % Pro acted % Actual Total ar Pro act Po ulatlon Benefited 2,251 2,251 100% 100% LMI 2,251 2,251 100% 100% Mlno Po ulatlon Benefited 5.7% 5.7% 100% 100% Project Schedule Using the project schedule from the ICDBG contract or latest contract amendment, list each activity with its proposed date of completion and its actual date of completion. Project Activity Contract Date Actual Date Grant Administration contract Executed Janua 2006 Febru 2006 Environmental Release Jul 2006 Au ust 2006 Bid Document A royal Jul 2006 N!A smaA urchase Bid 0 nin Au ust 2006 WA small urchase Construction contract Executed Au ust 2006 IWA small urchase Start Construction Se tember 2006 November 2007 Construction 50%Com late October 2006 June 2009 Second Public Hearin October 2006 June 2009 Certificate of Substantial Com letion November 2006 Jul 2009 Construction 100% Com lets December 2006 Jul 2009 U date Fair Housin Plan Au ust 2006 N/A entitlement c" U date 504 Review and Transition Plan June 2006 November 2005 Final Closeout December 2006 March 2010 Final Audit December 2006 - - - If actual dates vary from the contract dates, explain the difference. CERTIFICATION I, the undersigned, do hereby certify that the information contained in this report is true and correct and accurately reflects the accomplishments of the grant project X Signature of C 'e lected Official Mayor X ~ ' ~ ~ ~ ~ Titre Date -5- Final Financial Report Grantee: City of Meridian Contract Number. ICDBG 06-III-05-SR Prepared By: Marianne Massev Telephone: 322-7033 ext 215 Date: 2115/10 I. Matching Funds A. Match Expenditures - In the table below, please list those matching funds identfied in the grantee's ICDBG contract or latest contract amendment Source of Funds Amount Pled ed Actual S ent Difference USDA-RD Grant EDA Grant Other Fed Grant DEQ Grant ITD Grant De t Water Res Grant Other State Grant Foundation Grant Local CashBond/Loans Local In-iGnd C' In-IGnd 4,164 4,164 - 0 - Private In-lend 2,500 2,500 - 0 - Seniors Cash Private Cash 24,950 24,950 - 0 - Other Total 31,614 31,614 - 0 - B. Match Expenditure Differences - C. Volunteer/ln-Klnd/Force Account - If applicable, describe the processes used to tfack and value the labor used. Financial Services -Please list the name, address and gone number for the fo Phone Number Name Auditor Baile & Com an Farmers and Merchants State Bank Bank Address 812-B 12~ Ave. South Nampa, ID 83653 30 E Broadway Ave Meridian, ID 83642 466-2493 888-1416 -6- Final Financial Report III. Final Payment Request Step One Complete the ICDBG Drawdown Closeout Worksheet Step Two Fill out the standard ICDBG Request for Funds form and in the request number box wdte FINAL and attach it to this report Step Three If the grantee plans to close the grant with unexpended grant funds, please type the amount to be returned in Section V of this report IV. Certification of Recipient and Special Conditions it is hereby certified that all activities undertaken by the Recipient with funds provided under the contract agreement number ICDBG 06-III-05-SR have, to the best of my knowledge, been carried out in accordance with the crontract; that proper provision has been made by the Recipient for the payment of all unpaid costs and any unsettled third- party claims; that the Idaho Department of Commerce is under no obligation to make any further payment to the Recipient under the contract in excess of the amount identified in °Final Request for Funds° dated Feb. 20.2010 , hereof; and that every statement and amount set forth in this document is true and correct as of this date. Special Conditions: x ''~ x ~l - 1, - t~ Signature of Chie acted Official Date Mavor of Meridian Typed Name and Title of Chief Elected Official Date V. Idaho Department of Commerce This Certificate of Completion is hereby approved; therefore, I authorize cancellation of the unutilized contract commitment and related funds reservation and obligation of $ 72 Signature of IDC Authorized Official Typed Name and Title of IDC Authorized Official Date ICDBG 06-III-05-SR Contract Number -7- ICDBG Drawdown Closeout Worksheet Draw R # Date Re uested Date Received Admin Arch/Engln Desi n Ins ectfon A uisitlon Other C A 4,600 1 08/29/06 06/25/07 1,150 2 09/25/07 01/22/08 2,000 3 01/11/08 03/03/08 ~ ~ 4 03/10/08 03131 /08 ~ 5 04/02/08 04/21/08 6 06/16108 07/08/08 ~ 7 09/04/08 09/29/08 990 ~ 8 10/13/08 11 /10/08 9 12/24/08 01/20/09 10 02/02/09 02/21109 11 06/18/09 07/03/09 FINAL 02/28109 - - - 460 B Total S ent 4,600 C Amount Available - 0 - Instructions • In row "A° write in the ICDBG Budget Amounts from the ICDBG contract or latest contract amendment • Date Requested -List the date that the corresponding request for funds was submitted. • Date Received -List the date that the grantee received the corresponding grant request • List the amount drawn by category for each corresponding request • Subtract row B from row A (A-B=C). • The final request for funds should not exceed the amount shown in row C. -8- Meridian City Council June 23, 2009 Page 52 of 57 De Weerd: Okay. Any further comment? Okay. Well, I imagine this is -- this is kept open for written public comment until July 28th; correct? Ellsworth: Madam Mayor, Members of the Council, that's the way that these have been processed in the past. It starts with opening the public hearing, the full draft plan will be available at Meridian City Hall, at the Meridian Senior Center, at the Meridian Public Library, and also on the city's website as of tomorrow, they will allow an opportunity for -- for the public to soak it in, contact staff with any questions, submit any comments over the course of the 30 day public comment period and, again, based on the timeline right now, we are set to reconvene on July 28th to consider the plan in light of any comments received during the comment period. De Weerd: Okay. Very good. Thank you very much, Matt. Ellsworth: Thank you. Item 13: Public Hearing: Status of Funded Activities for Meridian Senior Center with Idaho Community Development Block Grant (ICDBG): De Weerd: Okay. Item 13 is a pubic hearing on the status of funded activities for the Meridian Senior Center with their Idaho Community Development Block Grant, and, Delta, we appreciate you waiting until the end of our agenda with us. James: That's quite all right, Madam Mayor. Madam Mayor, Member of the Council, my name is Delta James, I'm a planning specialist with Sage Community Resources and I have been the grant administrator for Idaho Community Community Development Block Grant that was received in 2006. The City of Meridian received it in 2006 to provide upgrades to the Meridian Senior Center and so this is part of the close out -- required close out procedure is to hold a status of funds hearing towards the end of the project and so here we are and if it's okay with you, I'd like to just read into the record some brief statistics about that project. The City of Meridian applied for and received an Idaho Community Development Block Grant in the amount of 52,900 dollars. It was in 2006, and the funds were being used to help fund improvements to the Meridian Senior Center. Of the 52,900 dollars -- 52,413 dollars have been spent to date. The remaining funds or 487 dollars, of that 460 are remaining for grant administrative compensation and, then, there are 27 remaining unutilized construction funds, which will go back to the Department of Commerce. The activities that were completed to date include installation of a front entrance ramp to the facility, a cover and awning structure to that ramp and the front door rehab'd to allow better access and ADA compliance. Also, the facility's windows were replaced with energy efficient and building code approved windows. The dining room sound boards were replaced with sound boards that have a higher fire safety rating and better acoustical qualities in the dinning room. Also an air conditioner was installed in the kitchen and the parking lot was paved and restriped with handicapped parkage signage -- signage installed and, then, finally, the kitchen with serving area counter tops were replaced with those funds. There is some final close out procedures that are still remaining, so we anticipate to complete those by the end of Meridian City Council June 23, 2009 Page 53 of 57 August 2009. We are in the home stretch. Originally the grant application did request funds to widen some of the doorways on the interior of the building. That project was modified after it was investigated by a construction company and determined to be far too costly at the time, so the board of the Meridian Senior Center chose to reallocate those funds to pave the parking lot and do those improvements instead and that request -- project amendment request was approved by the Department of Commerce and so it's all good. That's basically it. I would stand for any questions that you might have. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Thank you for your administration of this. We know these grants can be very cumbersome and appreciate your handling of that. James: We are pleased to provide assistance to the City of Meridian. So, thank you, Madam Mayor, Council Members. De Weerd: Thank you. Bird: Thank you. De Weerd: Okay. I guess, Delta, do we need to keep this open until things are closed or you just --this is just a formality? James: Madam Mayor, this is an opportunity for the public to provide any comments they might have about the project to date and the construction that has occurred. It is only required to be open this one time this evening, so -- De Weerd: Okay. Thank you. Bird: Madam Mayor, do we need to close the -- De Weerd: Yes. Thank you. I would ask Ralph if he has any comments and seeing that he doesn't, Council, any further comments or questions? Rountree: None. De Weerd: I would entertain a motion to close -- Bird: Madam Mayor? De Weerd: Yes. Bird: I move we close the public hearing on the Idaho Community Development Block Grant for the Meridian Senior Center. MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. SC REQUEST CDBG Subrecipient Agreement with the Boys and Girls Club AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. SUBRECIPIENT AGREEMENT FOR USE OF PY08 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT is entered into this _, day of February, 2010, by and between the City of Meridian ("City"), a municipal corporation organized under the laws of the State of Idaho, and the Meridian Boys and Girls Club, a branch of the nonprofit organization Boys and Girls Club of Ada County, organized under the laws of the State of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i. e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient provides programming and activities to inspire and empower all youth, particularly low- and moderate-income youth, to realize their full potential as productive, responsible and caring citizens, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds in Subrecipient's programming during Program Yeaz 2009 (PY09); NOW, THEREFORE, it is agreed by the parties hereto as follows: I. STATEMENT OF WORK A. Purpose. Subrecipient agrees that it shall use City's PY09 CDBG funds in the amount of seventeen thousand dollars ($17,000) to initiate a bus transportation program that will increase access to the Meridian Boys and Girls Club facility at 911 Meridian Road, Meridian, Idaho. Specifically, the program will transport students from Peregrine Elementary, Meridian Middle, and Meridian High to the Club every day after school. CDBG funds will reimburse Subrecipient for .driver hourly wage and fringe benefits, fuel, bus maintenance, and insurance. CDBG funds will only reimburse expenses related directly to provision of this service as documented by Subrecipient. Subrecipient shall be responsible for administering its PY09 CDBG funds in a manner satisfactory to City and consistent with any and all standazds required as a condition of providing these funds. B. National Objective. Subrecipient certifies that the activities carried out City's PY09 CDBG funds provided by City under this Agreement meet the Low-and Moderate-Income National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall benefit a limited clientele, at least fifty one percent (51%) of whom aze low-or moderate-income persons (24 CFR § 570.208(a)(2)). C. LMI Clientele. Subrecipient shall provide documentation demonstrating that fifty-one percent (51 oIo) of clientele using the service governed by this agreement are LMI persons. Documentation must be provided prior to first draw request. D. Levels of accomplishment. This project will provide funds for the provision of transportation services to the Meridian Boys and Girls Club facility at 911 Meridian Road, Meridian, Idaho. In addition to the normal administrative services required as part of this Agreement, Subrecipient PY09 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRIS CLUB PAGE 1 OF 13 agrees to document and report on each and all of the following outcomes: 1. Number of individuals gaining improved access to facility and/or services; and 2. Income level, family size, race, and ethnicity of persons assisted. E. Staffing not funded. Except as otherwise noted in I.A, Subrecipient agrees that no CDBG funds will be utilized for staffing. F. Performance Monitoring. City will monitor the performance of Subrecipient against goals and performance standards required herein. Substandard performance as determined by City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen (14) days after being notified by City, Agreement suspension or termination procedures will be initiated. G. Time of Performance. Services of Subrecipient under this Agreement shall start on or before February 3, 2010 and shall be completed by December 31, 2010. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other assets, including program income. H. Progress Reports. Subrecipient shall submit Progress Reports to City on at least a quarterly basis. Progress Reports shall be completed in the form and content required by City. Subrecipient shall submit the first Progress Report to City within seven (7) days of February 22, 2010. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome-based measurements as outlined in this Agreement. II. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY09 CDBG funds in the amount of seventeen thousand dollars ($17,000) to provide bus transportation services to the Meridian Boys and Girls Club facility at 911 Meridian Road, Meridian, Idaho. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB PYO9 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 2 OF l3 Circulaz A-122, "Cost Principles for Nan-Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. 5. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until the Subrecipient attends this meeting. C. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that aze pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; e. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) yeass after the termination of all activities funded under this Agreement. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-yeaz period, whichever occurs later. 3. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 4. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible pazent/guazdian. 5. Property Records. Subrecipient shall maintain real property inventory records that cleazly PYO9 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 3 OF 13 identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 6. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements aze completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 7. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circulaz A-133. D. Reporting and Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not chazge its members for the service. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. Payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Draw Requests. a. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed seventeen thousand dollazs ($17,000.00). Drawdowns for reimbursement of eligible expenses shall be made as expenses are incurred by Subrecipient and subsequent reimbursement requests are submitted by Subrecipient to City as described herein. PYOJ SUBRECB'IENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 4 OF 13 b. Subrecipient shall submit draw requests to City at least quarterly. Draw requests shall include the following: 1. Draw Request Form 2. Progress Report 3. Expense Detail with Proof of Payment by Subrecipient as follows: a) Bus Driver: Include log of time spent/day delivering this service. Submit proof of payment to driver with draw requests. b) Fringe Benefits: Shall be included on proof of payment with draw requests. c) Insurance: Include mileage log for (1) this program specifically and (2) all other use. Submit receipts/invoices and proof of payment to insurance provider with request for reimbursement of the corresponding percentage of total dollaz amount (based on mileage for this program). d) Bus Maintenance: Include mileage log for (1) this program specifically and (2) all other use. Submit receipts/invoices with proof of payment for malntenancelrepairs with request for reimbursement of the corresponding percentage of total dollaz amount (based on mileage for this program). e) Fuel: Include mileage log for (1) this program specifically and (2) all other use. Maintain receipts for all fuel purchased during each draw period. Submit receipts and proof of payment with request for reimbursement of the corresponding percentage of total dollaz amount (based on mileage for this program). 5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. E. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non- expendablepersonal property as defined by such policy as may be procured with funds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR § § 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel with funds provided under this Agreement. F. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502 through 570.504, as applicable, which include, but are not limited to, the following: 1. Records. Subrecipient shall maintain real property inventory records, which cleazly identify properties purchased, improved or sold. 2. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the PYO9 SUBRECIPIENT AGREEMENT -MERIDIAN $OYS AHD GIRLS CLUB PAGE 5 OF 13 extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. III.EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and the Executive Order 11246 as amended by Executive Order 11375 and 12086. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. 'The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally-assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for'employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. E. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious PYA9 SUBRECIPIENT AGREEMENT - MERIAIAN BOYS AND GIRLS CLUB PAGE f) OF 13 activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.200(j). F. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327}; and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. G. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to sanctions. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." PY09 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE ~ OF 13 3. Employment of low- and very-tow-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very-low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. A. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.611 m, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. I. Lobbying. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; PY09 SusRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 8 of 13 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA} regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an azea identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation}. C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazazds of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require PY09 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 9 OF 13 that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Attn: CDBG Program Administrator 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian Boys and Girls Club Attn: CDBG Grant Administrator 911 Meridian Road Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. C. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. D. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/ar volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. PY09 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIItLS CLUB PAGE 1 O OF 13 E. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. F. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. G. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. H. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. I. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may PYO9 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 11 OF 13 become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided bylaw, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. 1. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. K. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. 2. Monitoring. Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 4. Selection Process. Subrecipient shall undertake to insure that all subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. S. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. L. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. PYQ9 SUBRECIPIENT AGREEMENT- MERIDIAN BOYS AND GIRLS CLUB PAGE 12 OF 13 M. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. O. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder maybe asserted at anytime after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. P. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Meridian Boys and Girls Club By: Colleen Braga, Executi a Director Boys and Girls Club of Ada County STATE OF IDAHO ) ~ ) ss: County of ~_ ) I HEREBY CERTIFY that on this .~ day of V~'IArG~- , 2010, before the undersigned, a Notary Public in the State of Idaho, personally appeared Colleen Braga, known to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WTTNE5S WHEREOF, I have hereunto set my hand and affixed my official seal, the day and yeaz in this certificate first above written. ~~~ Public for Id Residing at ~l ~~Gc Vl .Idaho ~ My Commission Expires: ~ CTl'Y: City of Meridian ~~<<-~~- ~ ~ ~ ~Att~y~s~: ~~~~ ~ ~~ `~ / .~ '~ ,y ;~~ C)° By: T '~ de Weerd, Mayor; ~ aye y-(~~rv SEAL .~ PY09 svsxHCn'~x1' AGxsHivtFavT- '~ ~'sr 9 ~ ' ~ ~i City Clerk ~ ~O tiOTgRr v~ ...~ pU8 L1G ~ 4 's q ~'••.....••''~ O ~j- • ~~'•..F nl• IDS' •`'~ PAGH 13 OF 13 MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. SD REQUEST Water and Sewer Main Easement for Kings Congregation Church AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPARTMENT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: See Attached ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~i~E IDIAN~- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the{City Council FROM: Steve O'Brien `'~ DATE: 3/18/10 l Mayor'Cammy de Weerd CiL~ Csaasff MemLeetr Keith Bird Brad Hoaglun Chary Rountree Dauid Zaremba SUBJECT: Water and Sewer Main Easement for Kings Congregation Church T. RECOMMENDED ACTION A. Move to: 1. Approve a Water and Sewer Main Easement for the City of Meridian located on site of the Kings Congregation Church. This easement provides The City of Meridian access to new water and sewer mains being installed and to provide service for the new proposed Kings Congregation Church. 2. Authorize the Mayor to sign the easement. TI. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Steve O'Brien, Development Analyst Supervisor Approva Scott Steckline 489-0372 489-0362 489-03b9 489-0371 Page 1 of 1 ADA 4'OUNTif REt~ADER d. DAVID NAVARRO ASlOtIMT .00 I 8018E IDAHO 047/10 03:08 Pf0 DEPUTif Vick Allen ~II ~'I"~I~I~~IIIII'III'III~~~~~~~ ~~~ RECORDED-REQUEST OF City of Meridian i i ®631364 C SANITARY SEWER MAIN EASEMENT THIS IND~, made this ~~ day of , 20~~between .'~~~-~~~ ~-a~:a°~~ Cam; ~ ~c`~J ~.~a~c~~~, , the parties f the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer main right-of-way across the premises and properly hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW THEREFORE in consideration of the benefits to be received b the Grantors and y , other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right of-way for an easement for the operation and maintenance of a sanitary sewer main at the convenience of the Grantee over and across the following described PreP~ (SEE ATTACHED EXHIDIT A and B) The easement hereby granted is for the purse of construction and operation of a sanitary sewer main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of sanitary sewer mains at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right of-way unto the said Grantee, it's successors and assigns forever. 1T IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs performing other maintenance or making subsequent connection to the sanitary sewer main, Grants shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. City of Meridian, Idaho Sewer Main Easement EASMT.SEW 1-29-09 I- 29-o9.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ~ ss County of Ada ) On this 4 day of ~ ~ , 20 ~, before me, the undersigned, a Notary Public in and for said State, personally appeared ~,,~~ Ut?~'Le~A_ and 't"v AAOR.~tSON known or identified to me to be the and ,respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. 29-09.doc GRANTEE: CITY OF MERIDIAN ~~ Tammy de W ayor by J~cee L. Holman, City Clerk Approved By City Council ` `~~~„Fnnurrrrrr~ ~~ .~~~~~ ° ~Rrp~~,y,. .~ •, .~ -. .~ ~ ~o s ~~~ 9~ '~,, 9Q SST 18~ •, ~~.~~• •,,~ q ~_ `aP``~. ~A ''''''rrrrr ~~ryy~6~`\``` ~,(/ ~ , o~ STATE OF IDAHO ) ss County of Ada ) On this (°~ day of , 20~,~ before me, the undersigned, a Notary Public in and for said State, personally a TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Mendzan executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. City of Meridian, Idaho Sewer Main Easetneat 29-09.doc EASMT.SEW 1 29-09 1- February 1, 2010 • ~~,,?! ~"r~i~ Page 1 of 1 i ,.~, ~';. . • ... `~- ._ THE LAND GROUP, INC. Project No.109008 Legal.Description ' KING'S CONGREATION CHURCH Sanitary Sewer Easement 1,188 square feet EXHI i31T A A twenty foot wide {20.00') easement for access, construction, antl maintenance of sanitary ~' ~-~_ __ , ... _ .. sewer facilities sit'uated' ir1 the Northwest Orie quarter of the Northeast One Qilarfer of Section • 30, Township 3 North, Range ~ East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a 5/8-inch steel pin monumenting the Northeast Comer of the Northwest One Quarter of the Northeast One Quarter of said Section 30, from which a 5/8-inch steel pin monumenting the Northwest Corner of the Northwest One Quarter of the Northeast One Quarter of said Section 3Q bears South 89°42'13" West a distance of 1,319.99 feet; Thence following the easterly line of said Northwest One Quarter of the Northeast One Quarter, South 00°03'11" West a distance of 200.15 feet to the POINT OF BEGINNING; Thence continuing South 00°03'11" West a distance of 20.00 feet to a point: Thence leaving said easterly tine, North 89°52'59" West a distance of 59.39 feet to a point; Thence North QO°00'00° East a distance of 20.40 feet to a point; Thence South 89°52'59" East a distance of 59.41 feet to the POINT OF BEGINNING. The above-described tract of land contains 1,188 square feet, or 0.03 acres, more or less, subject to any existing easements orrights-of=way. Attached hereto is Exhibit "B"and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E.SHORELINE DRNE EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAQ I~nrlrrapeAizhidedan .Site Planning • CivilEngiaeeRr~ •Go/fConrn Irrigation ds'ErginreRrg •GropbirConananita/ioa 261 Canyon Crest Dm e,'I'win I+alls, Idaho 83301 P208-733~I041, F208-7333045 • ~nvw t4ielan ~ 'n~ a cam G:\2009\109008\Admin\I.egals\L_100201 sscascauntRev}scd f09008.doc Situated in a portion of the . NW 1/4 of the ME 1/4 of .Section 30, Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho zoio , E. VICTORY ROAD _ N89'42'13"E 1319.99' • • FOUND 5/8° STEEL PIN __.._ ~__._ ~ • w ~ • " • ~ W CORNER Nwl/4 STEEL PIN ,•NE 1/4 FOUND 5/8 SECTION 30 ~ NE CORNER NW 1/4, NE 1/4 SECTION 30 • I ~I ~~ ~~ POINT OF ' BEGINNING • ~ so'o3'11°w NO'00'00"E S89'S259°E 59:41' /~ 20.00' 20.00' ~~ - - -- -- / / 1,188 SF t E, PIENZA ST. ' ' ' N89'S2 S9 W 59.39 -"- ' ti~~~o LAIpjJ` n .rQg ~~ ~. ~o.~ ~/ ~ FOUNO 5/8" STEEL. P!N x 124 9 0 ® CALCULATED POINT a' RJ _...._ ....._ ~ ~ ._ .: - ---- ----•. ---_ _ EASEMENT LINE ,ro SECTION LINE '99 ~~~ ~ ~ ~4~ ~~L AS' . -- EXISTING RIGiiT-OF-WAY UNE .B ~'•~'•~Q ENGlNEEWSIJRVEY0R PROJECT INF0RMA110N $cele:1" = 80' ~. ; ~.. ; ~ ~ ~ ; >N~ •c~TY of ~I~ A ~ ?_,-10 ~%. % '~ ;~%~ ' ` ~ ~ ~ R~DI N • • • 1D9DOa • •~~ ~ ~ ~ ~AN. SE~IVER ~A~EME NT ~~ • ~•• ~"~ KING'S ~CQN~R~fiAT10N •EXH I ~ I T B ~' ' s s zz~ S AQA I~UN1Y RECORDER J. DAVID NAVARRO AIBOUNT .QO E BOISE IDAHO 04101/10 03:08 PM DEPUnr wc~Allen ~I 110111111111~1111111111111IDIII • RECOROEO-REQUEST OF 1100131365 City of lOotidlen WATER MAIN EASEMENT THIS 1NDEN'i'UItE, made this ~~ day of , 20~_between ~ ~, ~ S ~~:~~•~,~~,: ~-~~ e ~ `. ~ ~~~ti' ~~ir , the pasties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WTTNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and properly hereinafter particularly bounded and described; and WHEREAS, the water is to be provided for through an underground pipeline to be constructed by others; and WI~REA5, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, m consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a water main at the convenience of the Grantee over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of water mains at the convenience of the Grantee, with the flee right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT I5 EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connection to the water main, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. • City of meridian, Idaho Water MainF.asecnent EASMT.WTR 1-29-09 1- 29-U9.dac THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of. any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part ther~f, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. ss County of Ada ) On this _~~ day of , 20 ~, before me, the undersigned, a Notary Public in and far said State, personally appeared ~~,,~ ~ V~tc~D and 'T C t known or .identified tv me to be the and ,respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my h d and affixed my o ial seal the day and year fist b e '~ 4~._,.e~ NO"~~`.~~P Pl1~LlC ~7AT ~, iOA~~ NOTARY PUB IC l OR ID, O Residing at: Commission Expires: '?-~ City of meridian, Idaho Water Main Easement EASMT.WTR I-29-09 i- 29-09.doc STATE OF IDAHO ) GRANTEE: CITY OF MERIDIAN ``` ~ ~ ~ ~ u a u u ~u iQ~ , ~, ,~ ~ ~ Tammy de d, Mayor ? ~rFp s I ~..D 11.E s~AL Attest by J L. Holman, City Clerk Approved By City Council r .' ~!~ 94 tg~ ', Q~. U ~~~~nni ~~~~ STATE OF IDAHO ) ss County of Ada ) On this ~~ day of d t ~____ , 20~, before me, the undersigned, a Notary Public in and for said State, personally TANARY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the v~nthin instrument, and acknowledged to me that the City of Mendian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offi ' seal the day and year first above written. f'~ . 4 ~ TA$y ~'~pusti~c ~, ~o N ARY P' iding at: Commission City of meridian. Idaho Water Main Easement EASMT.WTR 1-29-09 I- 29-09.doc January 4, 2010 ~\ //.•= Page 1 of 2 vi ice'"' ~~ ~.,~ ~i THE LAND GROUP, IA1C. Project No. 109008 Legal Description KING'S CONGREATION CHURCH Water Lfne Easement . 4,750 square feet EXHIBIT A An easement for access, construction, and maintenance of water facilities situated in . the Northwest One Quarter of the Northeast One Quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a 5/8-Inch steel pin monumenting the Northeast Corner of the Northwest One Quarter of the Northeast One Quarter of said Section 30, from which a 5/8=inch steel pin monumenting the Northwest Corner of the Northwest One Quarter of the Northeast One Quarter of said Section 30 bears South 89°42`13" West a distance of 1,319.99 feet; Thence following the easterly line of said Northwest One Quarter of the Northeast One Quarter, south 00°03'11" West a distance of 158.81 feet to the POINT OF BEGINNING; Thence continuing South 00°03'11" West a distance of 39.00 feet to a point: Thence leaving said easterly line, North 89°53'00" West a distance of 225.19 feet to a point; Thence North 00°17'47" West a distance of 20.00 feet to a point; Thence South 89°53'00" East a distance of 129.10 feet to a point; Thence South 00°07'00" West a distance of 2.00 feet to a point; Thence South 89°53'00" East a distance of 16.25 feet to a point; Thence North 00°07'00" East a distance of 2.00 feet to a point; Thence South 89°53'00" East a distance of 65.35 feet to a point; Thence North 00°07'00" East a distance of 19.00 feet to a point; Thence South 89°53'00" East a distance of 14.59 feet to the POINT OF BEGINNING, 1 Londrrope 14rcGftetGurt • Srk Plansing ° CreilExgJiltu~ng • Goff'Conare lmg~ioa ¢5'E~~gfueedi{g ° Gropbic CemwuaJ~otion 269 Caayon Crest Drive, Twin Falls, Idaho 833411'208-733-4441, F208-733-4045 ° wanv.theJnnd„p~uRin~com O:\CAD\2009\109008~Survey\Legal~lt 097202109008 h20 easement.doc ~... /~ ~ ~/ ~~ +, . `~ THE LAND GROUP, INC. January 4, 2010 Page 2 of 2 The above-described tract of land contains 4,750 square feet, or 0.11 acres, more or less, subject to any existing easements or rights-of--way. • ~~ . Attached hereto is Exhibit "B"and by this reference is made a part hereof. ~O~L bA1~~ 4~~ ~Z ~ Prepared By: 'THE LAND GROUP, INC, ~ ,~ q~' i 4' 462 E. SHORELINE. DRIVE ~ l.~ EAGLE, IDAHO 83616 A. vi 6 ~ o 208-939-4041 ~ ~ I~~/ ` D • ~ • 208-939-4445 {FAX) ~ ~~' pF 1~~g A. '~~ Iandac~ia.4rrJiilett~mr •Sata P/onni~g • CrvilJ3nglrtaa~ig • GolfConraa Irrigotioa d~'Js'ngbtaarmg • GrapGic Cmnmm~iralisn 261 Canyon Ct~t Drive, Twin Falls, Idaho 83301 P208-733-4041, F208-733-4Q45 • wanv.thelnP~uoinacom O:\CAD\2009\109008\Sutvey\I,egal\11_097202109008 h20 easementdoc Situated in a portion of the _ NW 1/4 of the NE 1/4 of Section 30, • Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho 2010 , E. VICTORY ROAD ' • ~ N89'42'13"E 1319.99' _ FOUND 5/8" S1EEL PIN . ~ • ' CORNER NW 1/4, NE 1/4 FOUND 5/8" S1EEL PIN ' . SECTION 30' NE CORNER NW 1/4, NE 1/4 ! ! . SEC710N 30 t ' ~ ~ • I ~~ . S6933'QO°E 14.59' I I POINT QF BEGINNING NO'O7'00'E S89~3'OO"E 19.00' NO'17'47°W _ _ S8933'OO'E 129.10' 65.35' 20.Q6 ~ ' S'Ob7'OO°W ~ N007'OO"E 4,750 SF t I Z.OO' Z~~ ~ SO'03'11"W -_ _ e~------- N69'S3'00'W 22519' S89'S3'OO"E 39.00' 16.25' PIENZA ST. E ~ . o~ ~~ ~~~ GAP ~ FOUND 5/8" S1EEL P1N a°d a. ~~~' ~'~ ® CALCULATED PoINr ~ o 9 1~ f l a - - - - - - - - - - EASE fulatlT LINE t 5 ' ~~' -. -- -- --. - srcnoN uNE ~~ o>< ~ • EXISTING RiG11r-OF-WAY UNE Fy, ~, HNGINEERlSURVEYOR PROJECT INFORMATION Scele:l° = 6O' ..a I~-~' THB LAND c~UP, IIJG. ~ ~ o1-aa•1o ~ ~ :, ~ CITY OF MERIDIAN ~„ ~ 1a9GOs ~_ I~ ~ UUATER LINE EASEMENT ~: ,~ ~~6 K1NG'S CONGREGATION EXHlB[T B MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. 5E REQUEST Development Agreement: AZ 09-005 JJA Land by Mason and Stanfield, Inc. Located at the Northwest Corner of North Linder Road and West Ustick Road: Request for Annexation and Zoning of 5.89 Acres from RUT to C-C Zoning District AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: COMMENTS CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: l CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See Attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. AQA COUNTY AEGOROdI d. QA~IO NAVARAO AMOUNT .OO ~ 60~E IQAHO OIIO7N0 03:08 Pg AE oROEQ R QU"~"ESI'OF III IIIIIIIIIIIIIIIIIII{IIIIIIIIIIIIII Clip OI Id~dlen i 1001313G6 • DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. JJA, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into tlus~ day of 2010, by and between City of Meridian, a municipal corporation of the State f Idaho, hereafter called CITY, and, JJA, LLC whose address is 13601 W. McMillan Road, Suite 102, Boise, ID 83713, hereinafter called OWNERIDEVELOPER 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developerhri submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of C-C (Community Business District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - JJA AIVNEXA-770N (AZ 09-005) PAGE 1 OF 11 1.6 WHEREAS record of the rocee p dings for the requested annexatton and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 22"d day of December, 2009, has approved City of Meridian Planning Department Staff Report, set forth in Exhibit B, which aze attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings}; and 1.8 WHEREAS, the Staff Report requires the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPERdeeins it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2• INCORPORATION OF RECITALS: That the above recitals are contractual and binding and aze incorporated herein as if set forth in full. 3. DEFII~IITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT - JJA AN~vEXATION (AZ 09-005) PAGE 2 OF l 1 • 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to JJA, LLC, whose address is 13601 W. McMillan Road, Ste. 102, Boise, ID 83713, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Properly. 3.3 PROPERTY: means and refers to that certain pazcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the pazcels to be re-zoned C-C (Community Business District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Future construction and development of the site shall comply with the standards listed in UDC 11-3A-19 and the objectives and guidelines of the Meridian Design Manual in effect at the time of development. 2. Certificate of Zoning Compliance, Design Review and Alternative Compliance applications aze required if the applicant proposes a change of use for the existing single family home to anon-residential use. 3. One (1) Certificate of Zoning Compliance (CZC) may be issued for the portion of the property that is located south of the right-in/right-out access point to Linder Road provided the existing home is removed. Additional CZC's shall not be issued until a concept plan is submitted and approved for the subject property. A concept plan shall be reviewed with a future DEVELOPMENT AGREEMENT - JJA ANrrExnT[Oty (AZ 09-0OS) PAGE 3 OF 11 preliminary plat application. The followin re uirements shall a 1 to the g 9 PP Y development of the pazcel: a. coordinate, design and construct the extension of W. Crossroad Street (public street) to Linder Road and stub a public street to the undeveloped pazcel to the north (#50435449905) with ACRD and the City of Meridian. b. provide a 5' public access/recreational easement in favor of the City of Meridian measured from the back edge of 7-foot wide attached sidewalk starting at the western edge of the existing access on Ustick Road and continuing to the east property line. c. depict a 25-foot wide landscape easement along Ustick Road and Linder Road. 4. At the time of development for either portion (north or south) of the property, the applicant shall construct a 10-foot wide multi-use pathway beginning on the western edge of the existing access to Ustick Road, proceeding north/northwestcormecting to the existing service road on ACI-iD's drainage site located at the western boundary. An easement shall be provided for public access to and maintenance of the pathways; contained within an easement agreement or noted on the plat. The City will not assume maintenance of the pathway until it connects from one major arterial road to another, unless otherwise agreed to by the Pazks & Recreation Department. 5. The applicant shall be responsible for obtaining a Floodplain Development Permit and secure approval prior to any construction beginning on the site. 6. Development of the subject property shall comply with the C-C standards listed in UDC 11-2B-3 and the allowed uses in Table 11-2B-2. 7. All future development of the subject property shall comply with City of Meridian ordinances in erect at the time of development. 8. The applicant shall be responsible for all costs associated with sewer and water service installation. 9. The applicant shall construct a 5-foot pathway within the subject property providing interconnectivity to the 10-foot pathway planned for the property along Ustick Road. The applicant shall provide a pedestrian circulation plan for review and approval by the Planning Department with the submission of a concept plan or the first CZC application. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is DEVELOPMENT AGREEMENT - JJA ANWExATTON (AZ 09-005) PAGE 4 OF 11 effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similaz causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT - JJA ANNExnTiON (AZ 09-005) PAGE 5 OF 11 7.5 Waiver. A waiver by City of any default by Owner/Developer ofany one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not baz any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer'scnst, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at DEVELOPMENT AGREEMENT - JJA AtJNExATIOty (AZ 09-005) PAGE 6 OF 11 law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either OwnerlDeveloper or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similaz causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-S-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developeragreesthat no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after DEVELOPMENT AGREEMENT - JJA A~vtvExA'rrON (AZ 09-0OS) PAGE 7 OF 11 • deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: JJA, LLC 13601 W. McMillan,;ST~.1AL ~,~~ Boise, lD 83713 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. • 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a sepazate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. 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 other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of DEVELOPMENT AGREEMENT -JJA AMVExATiON (AZ 09-005) PAGE 8 OF 11 termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between OwnerlDeveloperand City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the usesand/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. • DEVELOPMENT AGREEMENT - JJA ANNExAT[ON (AZ 09-005) PAGE 9 OF 11 ACKNOWLEDGMENTS 1N WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. JJA, LLC 2_ ~: CITY OF MERIDIAN • ~~~~~' By: Mayor T de Weerd ATTEST: , -~,,~----luurllr~~~~~ :`~ ~ OF ~~Qf ~~~i .~ ~, ~ ~~ ,• t~ aycee olman, City Clerk = ~$~ c 9 ,, -ss~ ~sr psi •~ Q~.``~ .~ L'O UPiT~ '''''/''~~~~/1111111111111~~~````; DEVELOPMENT AGREEMENT - JJA ANNEXA770N (AZ 09-005) PAGE 10 OF 11 • • STATE OF IDAHO, ) ): ss County of ) On this Iq~ day of ~$RC~ 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Tas~Pa J. ~1-,~BQ~.~ known or identified to me to be the ~') ('er- b~.~ of JJA, LLC, and acknowledged to me that he executed the same on behalf of said corporations. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~,~-** ~~ Nomry aut~tc smte w Flora . . mares joss o gay commtss~or- eo~e~ o-w Expires Wroar2a12 STATE OF IDAHO ) iding at: t3zr Hl~r, ~ Commission Expires: ss County of Ada ) On this~~ day of 2010, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. 3.3139 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~~'~ ~' p~P,,~ tary Public f r o ~ 1~'f'AR ~ esidmg at• ~~~ i Commission expires: ~ ~P. ~LII>{.IC 4F 10 DEVELOPMENT AGREEMENT - JJA ANNE7ca-TtON (AZ 09-005) PAGE 11 OF 11 Exhibit A. Legal Description a s o n ~, Ptotessltxtal ~. lend and Planners ..I 314 Badiole St. CaldweA, IQ 83f~ ~E~ ~ f ~i )~ , /nc. ~ (2Q8) 454-Q256 Feu (2(~) 454-0979 e-mail: dholzlievfn+nisen~.ux FOR: RMC JOB NO.: MY1708 DATE; July 10.2009 ANNEXATION DESCRIP'170N A pence) of land being a portion of the SE I /4 SEl /4 of Section 35, Tow~hip 4 North, Range 1 West, Boise Meridian, Ada County Idaho. tnae partienlarly desrn'bed as follows: BEGINNIIVC at the southeast comer of said SEl/4 SEI/4; Thence N 89° 14' 48" W e distance of 390.01 fed along the south bon~ary of said SE114 SEl/4 to a point; Thence N 00° 15' 04" E a distance of 657.58 foot parallel with the east boundary of said SEll4 SEl/4 to a poi; Thence S 89° 1 T 36" E a distance of 390.01 feet to a point on the east boundary of said SE l /4 SE114; Thence S 00° 1 S' 04" W a distance of 657.90 feet along said east boundary to the POINT OF BEGINND~IG; This parcel conta~s 5.889 acres more or less. REV1- ~~~~! p gY i a~ z5 ~ MERIDIAN PU~tG ~yORKS DE Mn5CUV65TA1~iD.MrG LnGn+t[RS.SCxvL vptSsPlAA~1 ~5 t+aQe 1 dl • Exhibit A E~h~ h-'r ~ RE~ETVED DEC 16 2~9 CITY OFCi~I' ux CITY CLERKS OFFICE CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDI~N*~ AND DECISION & ORDER I D A H O In the Matter of the Request to Annex and Zone 5.89 Acres from RUT (Ada County) to C- C (Community Basiness District) Zoning District, by JJA, LLC Case No(s). AZ-09-0OS For the City Council Hearing Date of: December 8, 2009 (Findings on the December 22, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 8, 2009, incorporated by reference) Z. Process Facts (see attached Staff Report for the hearing date of December 8, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 8, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 8, 2009, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. OZ-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-09-0OS -I- i 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Deparbment and aay affected party requesting notice. 7. That this approval is subject to the Legal Description and Development Agreement in the attached Staff Report for the hearing date of December 8, 2009, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which ate herein adopted, it is hereby ordered that: 1. The applicant's Annexation as evidenced by having submitted the legal description and exhibit map stamped and dated July 10, 2009 by Darin Holzhey, PLS, is hereby conditionally approved; and, Z. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of December 8, 2009, incorporated by reference. D. Attached: Staff Report for the hearing date of December 8, 2009. CITY OF MERIDIAN FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-005 -2- By action of the City Council at its regular meeting held on the 2 day of .~~al~,g,,,-, 2009. COUNCII, MEMBER DAVID ZAREMBA COUNCIL MEMBER BRAD HOAGLUN COUNCII, MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIItD MAYOR TAMMY de WEERD (TIE BREAKER) ~~ Attest: VOTED VOTED VOTED VOTED VOTED -""~ ECG rl . !2. f"' ,~ ~,, e•3Nee~- 1 / - ` V ' = SEAL ~~ city clerk ,~ T ,~ • ~ ~Q ,.~' -,,,, oq ~~. ,,,, Copy served upon Applicant, The Attu B,-: C11Y OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZr09-005 -3- Public Works Department and City Dated: /~'-a3 -~`~ MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. SF REQUEST Acceptance Agreement: Display of Artwork of Chris Wethered in Initial Point Gallery AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: COMMENTS See Attached Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT' GALLERY, MERIDIAN CITY HALL ("Agreement") is made this~~ay of VhA~cH , 2010 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Chris blethered, an individual person whose address is 4391 E. Franklin Road, Nampa, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on December 3, 2009, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on January 19, 2010, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Lvitial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on March 26, 2010, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately forty (40) framed photographs, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on March 26, 2010 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from March 26, 2010 to Apri123, 2010 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on April 23, 2010, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I Of G II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display his artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. C, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 Of fi V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, mazketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. T'he manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or properly, and from any and all losses and expenses caused or incurred by Artist, his servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 of 6 B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, andlor insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. T'he defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. • ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 of 6 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require his artistic talent or expertise. Artist may subcontract or assign obligations that do not require his artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: -r.~ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Of 6 Artist: Chris blethered 4391 E. Franklin Road Nampa, Idaho 836$7 (208) 249-0634 chrisew6@q.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C. i ': Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity. org Any party may change its respective address for the purpose of this paragraph by giving written nol~ce of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. lIN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ~fk day of ~ ~. ci! , 2010. ARTIST: O Chris blethered STATE OF IDAHO ) ss: County of ~ ) I HEREBY CERTIFY that on this ~~day of U,'l,c.~ , 2010, before the undersigned, a Notary Public in the State of Idaho, personally appeared Chris blethered, known to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WH~~EOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above,~i~en~ `7~;` •-f~~,P <-. p,,, ~,,,`f M1`.J ~~ ~ P '!' 0'~~O rte/ \~~~~~./,l r -~h~6 r'n~~n 'f /! _ _ ~ f l Notary Pub~cfo~r Idaho _ ' ,.._.,-; ....-~ Residing at rJ[:~'t ~ .Idaho ~ _ My Commission Expires: ~ ~ 3^ ~ f~ ~ rj 1 ,_ ~. CITY OF lv~v° °'.' 4 _t ;. '.,,, Eli -'•.•••~'~ ``~u-~u~~~i~~~~~~ .~`~~ ~~ ~ MERj~~~9 ~~'~. BY: F '- c Tammy de erd, Mayor i{ -(~ - -~ ` ~ = SEAL Attest: r °~ a cee an, City Clerk ~,,~~~ q `p~,a``~`~ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DrsPLAY PAGE 6 of 6 • • Exhibit A • .--- Meridian Commission Call for Artists: 2009 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2009 Initial Point Gallery Series, a series of two-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space-60 feet on either side of a generous space; featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20% of proceeds from works sold due to their display in Initial Point Gallery. ELIGIBILITY: The 2009 Initial Point Gallery Series is to be comprised solely of professional-quality, ready-to-hang, two-dimensional, original art that is conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper and/or with mats must be under glass or acrylic. No piece will be displayed which: cannot be safely hung using the gallery's system; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements; selected artists or organizations will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2009 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application £t Acknowledgements form; • Biography of the artist or informational statement regarding organization; Letter of intent; Up to five digital images representational of the artist/organization's work, on a CD; and • $35 gallery maintenance fee. Details and forms are available at the City's website, http://www.meridiancity.org or by a-mail request to mac@meridiancity.org. Materials submitted for consideration cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, February 6, 2009. SELECTION PROCESS: The selection of art for the 2009 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or organization that their work has been chosen for display in Initial Point Gallery by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; • Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other informational forums. ~ONTACT MAC: By mail: Meridian Arts Commission Attn: 2009 Initial Point Gallery Series 33 East Broadway Meridian ID 83642 By a-mail: mac@meridiancity.org • • Exhibit B Meridian Commission Application Ft Acknowledgments: 2010 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: X I am submitting this form as an individual artist. ^ I am submitting this form on behalf of an organization. Artist/Org. Name: Chris blethered Organizer name: E-mail address: chrisew6@a.com Mailing Address: _ 4391 E. Franklin Rd. NamDd. ID 83687 Physical Address: Same as above Phone numbers: Day: 249-Ob34 Evening: 249-0634 Cell: 249-0634 APPLICATION OVERVIEW: Check one: 8 I/we propose to fill one half of Initial Point Gallery with artwork. X I/we propose to fill the entire Initial Point Gallery with artwork. Number of pieces: 40 Average size of pieces: 16 X 20 APPLICATION MATERIALS: X Completed, signed Application £t Acknowledgements Form X Biography of artist or informational statement regarding organization, no longer than one 8'/z x 11"page; X letter of intent, describing: • Artist/Organization's vision for and/or theme of the proposed display; • Number, dimensions, prices, and medium or media utilized in the works to be displayed; • Any publidty that the Artist/Organization plans to undertake if selected; and/or • Any atypical issues or challenges regarding hanging or display of the works proposed for display. QX Up to five digital images representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with artist's last name or organization name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images wilt not be accepted via a-mail. ~X $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. HANGING INFORMATION: Initial Point Gallery is equipped with a track system for hanging exhibits. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. Wires or eyehooks may not be used for hanging, and clip frames are not allowed. The D-rings should be approximately a quarter of the distance of the total frame height from the top of the frame, in order to avoid slanting away from the wall. .J APPLICATION AND ACKNOWLEDGEMENTS - 201 O INITIAL POINT GALLERY SERIES PAGE 1 OF 2 ~ O V 2 ~~ • About the Artist Before retiring in 2008, Chris blethered was a Sp~h-I.angnage-Pathologist in the public schools. Beyond his Masters Degree in Speech Pathology & Audiology, he holds an Educational Specialist Degree in Special Education and a Doctorate in Special Education & Rehabilitation. He is also an Assistive Technology Propfessionai {ATP), developing solutions for disabled individuals. For a year, he taught Speech Pathology students at Eastern New Mexico University. With that experience, he realized that his heart was in the public schools. During his 35-years of service, he has worked in Idaho, Florida, New Mexico and for eight years in London. Other Activities: While in England he visited the rehearsal of a barbershop chorus ... and stayed. He has been singing with Barbershop Choruses for almost 15-years. During most of this time, has held _ leadership positions. Chris Was the Contest General Chairman for the 2008 Evergreen District Contest /Convention. The Show of Champions was promoted as Harmony by the River, and was staged at the Morrison Center. It was such a success that the District Executive Board welcomed the Chordsmen's bid, to host the 2013 Contest in Boise. Chris currently sings with the Boise Chordsmen. For 2009 and 2010, he is also the Master of his Masonic Lodge, ASHLAR #24, in Nampa Photography: Chris has always enjoyed taking pictures, which typically ended-up in a shoebox. In 2008, he took a photograph in the Olypmpic National Park. Upon seeiag an enlargement of this photograph, Chris decided that he should really `do something' with his photography. This exhibit is an initial result of that decision. • Letter of Intent Crreetings Meridian Arts Commission members; I am interested in exhibiting my photographic works in the 2010 Initial Point Gallery Series. Theme of the Proposed Displace Beauty Surrounds us Every day, we step-over, walk-by and overlook exquisite, ever-changing displays of color and shape. Examples of such naturally occurring displays include; - reflections in windows, water and the colorful curved surfaces of cars. - random displays of curb-blown autumnal leaves. - Snow-sprinkled and ice-encrusted leaves beside your car - a pile of abandoned car doors in a junk yazd - power poles, silhouetted by the setting sun -the changing landscape from your airplane window{i.e., dormant volcano, Palouse landscape) This exhibit presents a variety of such captured displays. The artist's intention is awakening the patron's eyes, to the beauty which surrounds them in their daily lives. This Exhibit will consist of: 40-photographs, (image size 11" X 14") with a brief description and reference image's The framed size will be 16" X 20" And priced at $1511.00 ~(monnted and unframed). * Small Reference images and Descriptions: Beside all exhibition photographs, the artist will provide a brief description. For the more abstract photographs, the author will display a 4X6 image of the place where the photograph was taken. The artist hopes these smaller images, will help to open patrons' eyes to the hidden beauty in their own daily lives. Each of these smaller images will have a movable cover. This will allow patrons the option of enjoying the lazger image, without reference to the `whole scene' from which it came. Any publicity which the artist plans to undertake, if selected: Based on my association with the following groups, I'll notify their memberships of this Gallery exhibition: -barbershoppers and Masonic Lodges in the Treasure Valley -patrons of Barbershop shows. -all area Speech Language Pathologists (ISI-IA members) - teachers in the Nampa and Meridian School Districts. -SingleSteps, an area activities group Dr. Chris blethered 4391 E. Franklin Rd., Nampa, Idaho 83687 November 14, 2009 (208) 249-0634 chrisewd(a,q com • • • a 0 b a 0 ~. s s a H • a~ i blethered-Rear Window • c~ a • 0 ~~ Y Q ~a,` ~Q ~..7~.` '. ~ 1 Y~ CY a ~$ -4 ~ k ., .. h ~ F x:; ` ~. .. .r9`. ~~+ ~ ~ • •y.. .: ~~ "' <, ~ ~ ~ r r~ ~~F ~ ~ 1 ~ -. F' ~ ~e: 4 ~: ~ } ~ >> k 'kf ~4 h. Z . '. ~} h fy T t~ ~ '3f # ~ ~}~ ~ ~~ ~ i. ~ k~ T~ ~~'' _. ~;~, ' , • • Exhibit C • ACKNOWLEDGMENTS: I, Chris Wethered hereby acknowledge the following stipulations and agree that if my/my organization's art work is elected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as ell as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. "~ Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishin the s g pecific terms and conditions of the display of the particular works displayed. ~~ B. "~ If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing ali artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. ~~ C. INITIAL Any insurance of the art work displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. C~ D. NITIAL While art work displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. ' `/hile it is intended that each exhibit in Initial Point Gallery will be displayed for a one-to-two-month IN~rIAL ~>eriod, this period may be shortened by the City of Meridian for any reason, without notice to the mist or organization. ~.uJ F. "Ir~iu' The City may display the work of more than one artist or organization in Initial Point Gallery at any ~r~ G. time, at the~ity's sole discretion. _ t rt work submitted for displa in Initial Point G ll b i y a ery must e or ginal works conceived and created f y the artist (or by artist members of the organization] submitting this application. C'~-~ H. I"~ P"erldian City Halt is primarily a place of public business and Initial Point Gallery is a public place. The ~ ~ty seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that t ity Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel v. elcome and comfortable. To this end, only artists and art work meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be d splayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. ,~ _. Signature: ~ / Print name: Chris Wethered Date: N wember 14. 2009 To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian iD 83642 • Thank you for your interest! APPLICATION AND ACF.NOWLEDGEMENTS - 201 O INITIAL POINT GALLERY SERIES PAGE 2 OF 2 MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. SG REQUEST USGS Joint Funding Agreement for Water Quality Sampling for aNot-to-Exceed Amount of $33,952.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. ~~i~E IDIAN~-- Public ~ DA H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, P.E. DATE: February 19, 2010 Mayor Tammy de Weerd pty Wwed! Menrbe~sr Keith Btrd Brad Hoaglun Charles Rountree Qanid Zaremba SUBJECT: U.S. GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER QUALITY SAMPLING FOR ANOT-TO-EXCEED AMOUNT OF $33,952.00 I. RECOMMENDED ACTION A. Move to: 1. Approve the U.S. Geological Survey (USGS) Joint Funding Agreement in an amount not to exceed $33,952.00; and 2. Approval for the Mayor to sign the Purchase Order. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer (Project Manager} 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Backg~d The U.S. Geological Survey (USGS) and Boise River municipalities have developed a monitoring plan to collect water quality data on the Snake and Boise Rivers. The plan is to operate three continuous water quality monitors for multiple years (10-20) to track improvements in water quality related to the total maximum daily Load (TMDL) implementation on Lower Boise and Snake Rivers. The data collected as a result on this effort could potentially have a Page 1 of 3 direct impact on the nutrient limits placed in our upcoming National Pollutant Discharge Elimination System (NPDES) Permit at the wastewater treatment plant. This monitoring plan with the first year allocation of $6,800 was approved at the City Council Meeting August 26, 2008. The second year allocation of $17,585 was approved at the February 17, 2009 City Council Meeting. B. Proposed Project Meridian's contribution is $33,952 to the 2010 fiscal year costs for continuation of the monitoring program at three sites on the Lower Boise and Snake Rivers. The cost for this overall project for fiscal year 2010 is $306,200 (USGS match of $90,000; local costs of $216,200). In subsequent years, total costs will remain at $250,000 to 300,000 per year. USGS matching funds are anticipated to be in the $30,000 to $90,000 range per year. The following Municipalities have committed funds for fiscal year 2010: Boise ($119,995), Nampa {$40,774), and Caldwell ($21,478). The executed Joint Funding Agreement is attached. C. Contractor Selection The USGS has generously contributed to this monitoring program since its inception along with performing the montoring and analyzing the results and will continue to perform this role for the Boise River Municipalities. IV. IMPACT A. Strategic Impact: This project supports the Public Works Mission and Vision for financial stewardship and environmental sustainability. The monitoring and data analysis of the Lower Boise and Snake Rivers is innovative and opportunistic in planning for the upcoming National Pollutant Discharge Elimination System (NPDES) permit limits. However, the data could potentially support the total maximum daily load {TMDL) for the Boise River and influence the permit limits in the anticipated NPDES Permit for the City. B. Service/Delivery Impact: The monitoring plan and data analysis will support the efforts to refine the TMDL for the Boise River and may influence the upcoming NPDES Permit for the City of Meridian's wastewater treatment plant. The data will paint a clearer picture of the actual conditions and trends of nutrients and sediments in the rivers. C. Fiscal Impact: Project Costs Consultant Agreement Time and Materials Not-to-exceed 3,952 Total Project Costs Nat-to-exceed $33,952 Page 2 of 3 Project Fundint; ZO10 USGS Monitoring for the Joint Funding Agr. (3200-55000) $30,000 2010 USGS Monitoring for the Joint Funding .Agr. (3500-SS103) 3 952 Total Funding Required. Not-to-exceed $33,952 Budget line item 3200-SS000 has a total. value of $30,000. This precipitated the need to fund this project from two separate line items.. V. ALTERNATIVES A. The City could elect to no longer participate in the monitoring program. This would put more of a burden on the other cities that participate in this program. VI. TIME CONSTRAINTS Council's approval. of the USGS Joint Funding Agreement for water quality sampling will allow the monitoring program to continue uninterrupted in 2010. VII. LIST OF ATTACHMENTS A. USGS Joint Funding Agreement with an invoice from the City of Boise for the City of Meridian's cost share. Approved for Council Agenda: ate Page 3 of 3 JOINT FUNDING AGREEMENT OPERATION OF CONTINUOUS WATER QUALITY MONITORS IN THE LOWER BOISE AND SNAKE RIVERS BY THE UNITED STATES GEOLOGICAL SURVEY THIS AGREEMENT is entered into by and between the City of Boise, hereinafter "Boise," City of Meridian, hereinafter "Meridian," City of Caldwell, hereinafter "Caldwell," and the City of Nampa, hereinafter "Nampa," with a combined reference hereinafter "funding partners," for the purpose of jointly funding the collection of water quality data on the Boise and Snake Rivers by the United States Geological Survey. WHEREAS, Boise, Meridian, Nampa and Caldwell (collectively "the Cities") are subject to NPDES permits issued by the U.S. EPA which regulate discharges to Waters of the US including the Boise and Snake Rivers; and WHEREAS, the Cities have determined it is their best interests to monitor water quality in the lower Boise and Snake Rivers; and WHEREAS, the United States Geological Survey (USGS) has offered to perform continuous water quality monitoring of the Lower Boise and Snake Rivers on behalf of the funding partners subject to cost sharing ;and WHEREAS, for the fiscal year 2010 (ending September 30, 2010) the USGS has agreed to contribute $90,000 for water quality monitoring provided the funding partners provide $216,200 in matching funds; and WHEREAS, the USGS will only contract with one of the funding partners for the purpose of jointly funding the water quality study for fiscal year 2010; and WHEREAS, Boise has agreed to contract with USGS and be the funding conduit for the funding partners to USGS; and WHEREAS, the funding partners have determined funding contribution amounts for fiscal year 2010 to utilize USGS for water quality monitoring of the Lower Boise and Snake Rivers; and WHEREAS, the funding partners desire to enter into this agreement to formalize the funding partners funding and other obligations for the USGS water quality monitoring project NOW, THEREFORE, in consideration of the foregoing premises, it is agreed: 1. Boise will enter into a contract with the United States Geological Survey (USGS) for the purpose of jointly funding continuous water quality monitoring of the Lower Boise and Snake Rivers. The contract shall be in substantially the form set forth in Exhibit "A", attached hereto, and shall be for the fiscal year ending September 30, 2010. 2. The funding partners agree to the following cost sharing amounts for the joint funding of the Cities fiscal year 2010 share (through Boise) of the USGS agreement: Percent Amount Boise 56.6% $119,996 Nampa 18.9% $ 40,774 Caldwell 16.4% $ 21,478 Meridian 8.1 % $ 33,952 Total 100% $216,200 3. Boise shall invoice each of the funding partners for their funding share within 30 days of finalizing the USGS agreement. The funding partners shall pay their invoiced share to Boise within 30 days of invoice receipt. 4. The funding partners agree to seek additional funding from other sources including the State, other municipalities and private utilities to potentially defray the costs of this agreement. Any money received will be distributed to the funding partners for their pro rata share. In the event the USGS terminates the USGS contract resulting in a return of funds the returned funds will be distributed to the funding partners for their pro rata share. 5. The term of this agreement from the signature date to September 30, 2010. Any funding partner may withdraw from this agreement by providing notice to the other funding partners but shall remain obligated for payment of their share set forth in Section 2. CITY OF BOISE BY: Its: Dated CITY OF MERIDIAN L~ ./~ !~ BY: Its: Moue CITY OF NAMPA BY: Its: CITY OF CALDWELL BY: Its: Dated ~ - (a ~ ~ ~ Dated Dated END OF AGREEMENT Percent Amount Boise 55.5% $119,996 Nampa 1$.9% $ 40,774 Caldwell 9.9 % $ 21,478 Meridian 15.7% $ 33,952 Total 100% $216,200 3. Boise shall invoice each of the funding partners for their funding share within 30 days of finalizing the USGS agreement. The funding partners shall pay their invoiced share to Boise within 34 clays of invoice receipt. 4. The funding partners agree to seek additional funding from other sources including the State, other municipalities and private utilities to potentially defray the costs of this agreement. Any money received will be distributed to the funding partners for their pro rata share. In the event the USGS terminates the USGS contract resulting in a return of funds the returned funds will be distributed to the funding partners for their pro rata share. 5. The term of this agreement from the signature date to September 30, 2010. Any funding partner may withdraw from this agreement by providing notice to the other funding partners but shall remain obligated for payment of their share set forth in Section 2. CITY OF BY: Its: David H. Bieter, Mayor CITY OF MERIDIAN BY: Its: CITY OF NAMPA BY: Its: CITY OF CALDWELL BY: Its: END OF AGREEMENT ~_x t4, } , ~..~ Dated 4/6110 Clerk 4/6/10 Dated Dated Percent Amount Boise 55.5% $119,996 Nampa 18.9% $ 40,774 Caldwell 9,9 % $ 21,478 Meridian 15.7% $ 33,952 Total 100% $216,200 3. Boise shall invoice each of the funding partners for their funding share within 30 days of finalizing the USGS agreement. The funding partners shall pay their invoiced share to Boise within 30 days of invoice receipt. 4. The fiinding partners agree to seek additional funding from other sources including the State, other municipalities and private utilities to potentially defray the costs of this agreement. Any money received will be distributed to the funding partners for their pro rata share. In the event the USGS terminates the USGS contract resulting in a return of funds the returned fiords will be distributed to the funding partners far their pro rata share. 5. The teen of this agreement from the signature date to September 30, 2010. Any funding partner may withdraw from this agreement by providing notice to the other fimding partners but shalt remain obliga#ed for payment of their share set forth in Section 2. CITY OF BOISE BY: Its: CITY OF MERIDIAN BY: Its: ..~--- ~.~,_ .' ~ ,,, ~- 'e :'~ I. CITY Q~~ {~D~VELI BY: Its: Dazed Dazed Dated ~ ~ ~ ~ ~ Dated END OF AGREEMENT Percent Amount Boise 55.5% $119,996 Nampa 1$.9% $ 40,774 Caldwell 9,9 % $ 21,478 Meridian I5.7% $ 33,952 Total I00% $216,200 3. Boise shall invoice each of the funding partners for their funding share within 30 days of fnalizing the USGS agreement. The funding partners shall pay their invoiced share to Boise within 30 days of invoice receipt. 4. The funding partners agree to seek additional funding from other sources including the State, other municipalities and private utilities to potentially defray the costs of this agreement. Any mangy received will be dis1~'buted to the fwtding~armers for their pro rata share._ In the event the USGS terminates the USGS contract resulting in a return of funds the returned fluids will be distributed to the funding partners for their pro rata share. 5. The term ofthis agreement from the signature date to September 30, 2010. Any funding partner may withdraw from this agreement by providing notice to the other funding partners but shall remain obligated for payment of their share set forth in Section 2. CITY OF BOISE BY: Dated Dated Dated Its: CITY OF MERIDIAN BY: Its: CITY OF NAMPA BY: Its: CITY ALDWELL BY: ~~ Its: (` Vv" Dated S~ Z ~ 1 ~ END OF AGREEMENT BY THE Cf3Ul+IC1L: RESOLUTSON NQ. 20773 BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND THOMSON A RESOLUTIt}N APPROVING A JOINT FUNDING AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY {PUBLIC WORKS DEPARTMENT) AND THE U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF INTERIOR FOR A PROGRAM FOIL CONTINUOUS WA'I'ER QUALITY MONITORING ON THE SNAKE AND BOISE RIVERS; AUTHORIZING TII~ 1VIA'~OR AND CITY CLERK TO EXECUTE AND ATTEST SAID JOINT FUNDING AGREEMENT ON $EEIALF OF $OISE CITY; AND PROVIDING AN EFFECTIVE DATE. NOW THF.REFt7RE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF TIIE CITY C?F BOISE CITY, IDAHO: Section I. That the Joint Funding Agreement by and between the City of Boise City and the U,S. Geological Survey, Department of Interior, a copy of said Joint Funding Agreement marked Exhibit "A" attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. .That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Joint T'unding Agreement for and on behalf.of the City of BQisC City. Section 3. That this Resolution shall be in fi~il force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Boise City, Idaho this 5th day of January, 20l 0. APPROVED by the Mayor of the City of Boise City, this 5th day of January, 2010, APPROVED: ATTEST: MAYOR Dav3.fl 13. Bie~ter CITY E .•~"'- ~ ~ ~~, '"s?._ s,~ t:~e ~. .~.. ,;~ }. '~~ ~~ ~; t ; ` ~ t. ~• • +" rs t f„ ~~ ~ e .;mot ~ ~ ', 4~~ a ~F ~`~ ~ ~; +~~i ~~~ S ,J~'R~ R~IS'l0 c~~Y ~~ ~ozS~ Ta: Mayor and Council PROM: Robbin W, pinch --Public Works RESOT.UTICIN NUIVXBER: R-15-10 DATE: December 2Z, 2gQ9 SUBJECT: Continuous Water Quality Monitoring in the Lower Boise and Snake Rivers -USES Joint Funding Agreement ACT)EON Rk:QUIR.ED: Approval. of the U.S. Geological Survey (USES) Joizxt Funding Agreement ' RECflMMENDATIUN: Public Works recommends approval of the, Joint Funding Agreement with USGS. FISCAL IMPACT/BUDGET IMPLICATIg rtS: Total cost for the third year (FY2010) monitoring is $306,200. USES will provide $80,000 and the cooperator share is $216,200. m subsequent years, total casts are anticipated to fluctuate between $306;00() and $346,000 per year with USES matching funds anticipated to be $30,000 to $90,OOa per year. The following municipalities have committed to fund the third year of the project (PY2010); Boise ($119,995), Meridian {$33,952), Nampa ('$40,774}, and Caldwell ($21,47$). Tl1e proposed Water Quality Monitoring Memorandum of Understanding Cost Share to be signed by the funding partners is attached. Cost share funding agreements among participating partners are planned for each f"iscai year. BACKGRflUI~ID: The USGS and F3oise River municipalities have been working on a zzxonitoring plan to collect water quality data on the Snake and Boise Rivers. The plan is to operate three continuous water quality rnonitozs for multiple years (10-20} to track improvements in water quality related to TML?L implementatiozx on Lower Boise and Snake Rivers. This agreenxent implements the third of at least six years of the plazi that began in 2008 artd wi11 likely continue at least through 2013. The project is currently fuzxded by federal (USGS) and local mazxes witlx participation by major municipalities. The City of Boise is coordinating the municipal contributions to mizximize transaction costa. ATTACHM)1<,NTS: joint Funding Agreernezxfi: Operations of Continuous Water. Quality Monitoring in the bower Boise at~d Snake Rivers by the tJzuted States Geological Survey RESOLUTION 208&6 BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND THOMSON A RESOLUTION APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT), THE CITY OF MERIDIAN, THE CITY OF NAMPA AND THE CITY OF CALDVVELL FOR JOINT 2010 FUNDING OF A USGS CONTRACT FOR CONTINUOUS WATER QUALITY MONITORING OF THE SNAKE AND BOISE RIVERS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That the Agreement by and between the City of Boise City, the City of Meridian, the City of Nampa and the City of Caldwell, a copy of said Agreement marked Exhibit "A" attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Agreement for and on behalf of the City of Boise city. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Boise City, Idaho this nth day of April , 2410. APPROVED by the Mayor of the City of Boise City, this 6th day of April , 2010. ATTEST: ,µi~ M r. '~ ,. ~-'a T.. ! APPROVED: MAYOR David H. Bieter R-89-10 CITY OF BOISE To: Mayor and Council FROM: Robbin W. Finch -Public Works ORDINANCE or RESOLUTION NUMBER: DATE: March 25, 2009 SUBJECT: Continuous Water Quality Monitoring in the Lower Boise and Snake Rivers -USGS Joint Funding Agreement with Caldwell, Meridian and Nampa ACTION REQUIRED: Approval of the U.S. Geological Survey (USGS) Joint Funding Agreement with Caldwell Meridian and Nampa RECOMMENDATION: Public Works recommends approval of the Joint Funding Agreement. FISCAL IMPACT/BUDGET IMPLICATIONS: Total cost for the third year (FY2010) monitoring is $306,200. USGS will provide $90,000 and the cooperator share is $216,200. In subsequent years, total casts are anticipated to fluctuate between $306,000 and $346,000 per year with USGS matching funds anticipated to be $30,000 to $90,000 per year. The following municipalities have committed fund the third year of the project (FY2010): Boise {$119,995), Meridian ($33,952), Nampa ($40,774), and Caldwell ($21,478). The proposed Water Quality Monitoring Memorandum of Understanding Cost Share to be signed by the funding partners is attached. Cast share funding agreements among participating partners are planned for each fiscal year. BACKGROUND: The USGS and Boise River municipalities have been working on a monitoring plan to collect water quality data on the Snake and Boise Rivers. The plan is to operate three continuous water quality monitors for multiple years (10-20) to track improvements in water quality related to TMDL implementation on Lower Boise and Snake Rivers. This agreement implements the third of at Least sia years of the plan that began in 2008 and will likely continue at least through 2013. The project is currently funded by federal (USGS} and local monies with participation by major municipalities. The City of Boise is coordinating the municipal contributions to minimize transaction costs. ATTACHMENTS: • Joint Funding Agreement: Operations of Continuous Water Quality Monitoring in the Lower Boise and Snake Rivers by the United States Geological Surve}~ United States Department of the Interior ~~~~ ~ U.S. GEC1LC14ICAL SURVEY ,. ~ 1DAH0 WATER SCIENCE CENTER ~~~~'" ~~ ~.~~~ 230 Collins Raad PubiiG 1N4rks De artmert# Boise, Idaho 83702-4520 Envirvnmen#al r~ivisiot1 October 30, 2009 M~•. Robbin Finch City of Boise Public Works Depairtment P.O. Box 500 Boise, Idatfa $3701-0544 Dear Mr. Finch: The purpose of this letter is to amend our cut•rent Joint Funding Agreement (JFA}, 09W41D01100, to cover 2010 fiscal year costs for continuation ofthe monitoring network at three sites on the Lower Boise aid Snake Rivers, which are described in the enclosed work plan. The purpose of the amendment is to add $126,200.00 in additional Unmatched Funds and $90,000 in additional Federal Match Funds. This addition wilt increase the City of Boise's total contribution from $217,100 to $433,300. The U.S. Geological Survey's total contributions changes from $185,000 to $275,000. Tltis will bring the total agreement to X708,300. The new term ofthe agreement is October 1, 2008' through September 30, 2013. All other terms and conditions remain the same. The following information is incorporated into this agreement per U.5. Geological Survey requirements: USGS Cost Center Number: 969'7 USGS DUNS Number; 01-454-1879 Work performed with funds from this agreement will be conducted on a fixed-price basis. The results of all work under this agreement will be available for publication by the U.S. Geological Survey. If this amendment to the current JFA is acceptable., please sign and date both originats and return one to us. Questions concerning this proposal should be addressed to Molly Waod at (208) 387-1320 (i s~~~~.~~~ i~t7i~-o,a:~) or Greg Glark at (208) 387-! 324 (~mctarkr~lusr~s. ~c~~~}. Sincerely, .~..-.ti, ~. Ste W. Lip o Directar, fWSC Enclosures David H. Bieter Mayor, City of Boise ~~ ~ o director ,IWSC Date ~' '~ ~ ~~~' '.~ ~~a3 :~:~ ~. AT1'~ST e ~ x ~ ~.. Jo H. Farw, City ~3p , ,`j Project Scope of Work: ©peratin~ Continuous Water-Quality Monitors in the Lower Boise and Snake "" Rivers, Idaho Yersir~rr 3 (updated 10i1S109 f~ describe wv~k plrrrrrter~ fvr FYIl1,- BACKGItdUND The USE!'A approved Total Maximum Daily Load for Snake River/Hells Canyon reach (SR-HC TML7L} recognizes excess phytoplankton produc#ion in the Hells Canyon reservoirs. To protect the designated beneficial uses in the reach, maximum-seasonal-average and maximum chlorophyll-a concentrations have been set at i4 mg/L and 3t) mg/L, respectively, Ta attain these conditions, maximum tote(-phosphorus concentration at the mouth of the Boise River have been set at p.U7 mgfL; significantly tower than past monitored and modeled total phosphorus concentrations. The relations between chlorophyll-a concentrations and phosphorus concentra#ions in the SR-HC TMDL reach are unknown. Also unknown are the effects of nitrogen concentrations on alga! production; effects of the alga! carnmunites on other key water-quality properties related to beneficlat uses such as water clarity (turbidity}, pH, and dissolved-oxygen content; and the significance of Boise River contributions of total phosphorus, total nitrogen, and chlorophyll-a to the toads transported by the Snake River into Brownlee Reservoir. Finally, limited work using automatic samplers suggests that total phosphorus concentrations in the Boise River may change slgni~cantly and more rapidly than monthly monitoring frequencies were able to show. To determine if concentrations of chlorophyll-a and total phosphorus are meeting established targets, and to address some of the unknown information and data variability issues discussed above, Intensive monitoring in the Boise and Snake Rivers is necessaty: To make such monitoring cost effective, use of automated methods is desirable. QCTI'VES The objectives of this project are to: Evaluate relations among continuously measured water-quality parameters (temperature, pH, dissolved oxygen, conductance, turbidity, and chlorophyll-a fluorescence}, nutrients, and chlorophyll-a on the lower Boise River and on the Snake River above and below Boise River confluence, Evaluate relations between concentrations ofchlorophyil-a and those of phosphorus and nitrogen species and determine how they vary seasonally and annually, Evaluate the relative contribution of total phosphorus and total nitrogen loads in the Boise River to those in the Snake River by comparing instantaneous loads, Estimate annual total phosphorus, tote! nitrogen, and chlorophyll-a loads contributed by the Snake River (at Nyssa, UR} to Brownlee Reservoir, and Describe the short-term variations in total phosphorus and total nitrogen concentrations in the Boise River near Parma using data from an automatic sampler. APPROACH Pour commercial muitiparameter water-qua}ity Wien}tors will be.purchased capable ofcoirtinuaus manitorolg of temperature, pH, dissolved oxygen, conductance, turbidity, and chloraphy}}»a fluorescence. Three of the instruments will be installed at the Boise River near Aarma, tiJ; the Snake R}ver near Nyssa, C?R (about 9 miles be}ow the confluence with the $aise R}ver); and the Snake River near Adrian, OR ' (about 7 m}lee above the confluence.with the Boise R}ver). The fourth instrument wit! be used when ' servicing the }nstal}ations to caileot aamparative data for evaluating installation fou}ing and far making necessary corrections to the data record. This instrument w}ll also be a backup if an insta}}ation comp}etely fails. A refrigerated automatic sampler wi}} be reactivated at the Boise River near Farina,lC?. Sarnp}ing frequency afthe muttiparatneter instruments wi}} be 15-minute interva}s. Al#haugh this ' relative}y high frequency wi}! probably be more than necessary to capture significant stream processes, it may provide necessary information far interpreting and correcting the data record as well as verifying data trends that occur over Biel cycles. Water samples for laboratory analyses of ch}arophy}}-a, dissolved orthophosphate, tote} phosphorus, dissolved ammonia, dissolved nitrite-plus-nitrate, and tats} nitrogen ' will be collected at a}! three sites during mast site visits. Chloraphyll•a analyses wilt be performed by the US Bureau o€ Reclamation laboratory in Boise, ld; nutrient analyses will be performed by the USGS . National Water Quality Laboratory. The automatic sampler wit} be set to collect samples at ~9-hour intervals to ensure that samples are trot collected at the same time each day and that bath daylight and ' dark per}ads are included. The aiuomat}c sampler can be sat to col}ect samples aver specific hydrolog}c .events in future years, if needed to accomplish project objectives. Because nutrient skies are not expected to be stable in samples held }n an automatic sarrip}er, these samp}es will be analyzed only for total nitrogen and tote} phasphottrs by the USGS National Water Quality Laboratory. Continuous strea.m- discharge infor•rnation will be available from gages near the Nyasa and Parma sites. HoweVeC,lhck of a gage at Adrian will require that instantaneous discharge measurements are made drrring site.v}sits when firl} crass-section samples are collected. Significant amounts of goal}ty»contro} data need to be collected to determine how well instrument» insta}lotion and aumsampler }ocat}ens represent the entire river Bross sections, and the impacts of installation feu}irrg an accuracy of the data. 'fo minitt~ize data compromised by footing, servicirtf; intervals will vary from wtekty during high algal-productivity periods to monthly during law» productivity periods. Quality-co»trol samples acrd measurements will inc}ode comparisons of muttipararrteter-instrtnnent readings using an independent instrument next to the installation, pre- and past-cleaning, tneasuretnents and samples, grab samples at the instrument installation and automatic- sartrpier-intake lacatiorts, and replicate samples. Table l shows a generalized schedule anticipated for service an instailat}ons and co~iecfi}an of samples. TABU 1.--Generalized tasks and frequencies far service and sample collection TASK 4ctaber through Ma lone July through se tember Continuous-monitor service Man#hl Biweekt Weekl Multi ammeter crass sections Month{ Biweekt Siweekl Grab sarn les (chlora h t! Month{ l3iwe~kly Weekt Equal Width increment {frWWi) samples {chlaro hyll & nutrients) Manthl Biweekt Weeki Dlschar a measurements {Adrian oni) Manthl Biweekt Weekl Parma automatic-sam terservlce Mantht Biweekt Weekl 13escrpfon of trddilltrnal work planned far FY2t11 !I in addition to the rautitte monitoring program autlsned above, the USGS ptans to contribute additional tnatchittg funds in FY20t0 to complete three subtasks as part ofthis project, at no additional cost to the City of Raise and other contributing municipalities. + Continue to operate alt interactive, pubiicty-accessible website called the "Data Csrapher" far producing customized graphs and tables of pontinuous water-qualit)r data collected as part ofthis ' project. The website was implemented in 2~Y?009. * Continue to tttanitar real-tune data delivery for continuous water-quality monitoring stations via the USGS N WlS-Web website. Real-time upgrades.were itrrplemsnted in FY2009. Cantintte to operate a continuous streamflow monitar'sng station at the Snake River near Adriafi, OR. Streamgage was installed in i='Y2004. Begin development of a skreamflow rating to aNow the computation of loads an a continuous basis. • Prepare a scientific poster and slide presentation that summarizes the results afthe 24-hr diet sampling study conducted itt FY2009. USGS personnel will summarize results of the first year of data collection as welt as the die! study at the Boise River Watershed Advisory Group meeting in November 2049. PRODDCTS Measurements of temperature, pH, dissolved oxygen, conductance, turbidity, and chlorophylls fluorescence will be recorded at l5-minute intervals, This data will be available to the public an a real- time basis an the USGS National Water lnfarmatian System website. Only data determined to be of poor quality and uncorrectable due to insG•utnent foutistig or other problems will be omitted. Total nitro~,en and total phosphorus analyses from the automatic sampler a# Parma will be reported far automatically- collected samples at 49-hour intervals (approximately 175-180 samples per fult year). Coilectian of additional quality-control samples will be done to ensure tttat samples from the automatic.sampter ca~tinae to represent the Raise River. Starting in the second year of the project, products interpreting some aspect of the project will be produced, lnterpredve reports summarizing the overall monitoring network and resulting data will be produced every 2-3 years with every other one designed to coincide with TMDI., repotting requirements, A sma!!et• product (such as a palter, journal article, or presentation at a technical meeting}:addressing some aspect of the network data will be produced in 2009 and in each year that an interpretive report is not written. Although the scope of interpretive products will be dictated by data available at the time of the product and by patterns observed as data are collected, products may include: + Evaluation ofspatial variability in temperature, pH, dissolved oxygen, conductance, turbidity, and chlorophyll-a fluorescence using multiparametercros-section measurements (poster completed FY2009}; development and comparison of horizontal and vertical profiles of parameters on a seasonal .basis, + Evaluation ofdiel patterns in nutrients, chlorophyll-a, dissolved oxygen, pH, chlorophyll-a fluorescence, and turbidity during a 24-hour period in summer at the three gages (sampling completed in FY2U09/interpretation planned for FY20i0), + Computation and comparison of instantaneous nutrient and chlorophyll-a loads in the lower Boise River and in the Snake River above and below the confluence with the Boise River, + Computation and comparison of annual nutrient and chlorophyll-a loads in the lower Boise River and in the Snake River below the confluence with the Boise River (Nyssa), + Analysis of seasonal and anmiat trends in nutrient and chlorophyll-a concentrations at the three gages, if appropriate given duration of the project and hydrologic variability at time of analysis, • Comparison of measured chlorophyll-a and total phosphorus concentrations in the lower Boise River to establ"asked water-quality objectives, on a seasonal and annual basis, + Evaluation ofcontinuously-measured turbidity and chlorophyll-a fluorescence as surrogate parameters for total nitrogen and total pFtosp}torus concentrations, + Evaluation of relations among chlorophyll-a, turbidity, and nutrients to determine whether algal productivity is mare dependent on light or nutrient availability, and + Comparison of nutrient loads computed using autosampter data with nutrient loads computed using EW! samples in the Boise River near Parma. Evaluate whether EW1 samples are sufficient to capture temporal variability in nutrient concentrations and Toads. BUDGET Table 2 shows the expected annual casts far the project For the federal fiscal year {October 1 -September 30) 2008 through 2013. The USGS plans to provide $90,000 in matching funds itt FY2010 ($50,000 for base monitoring program and $40,000 far additional subtasks}. -n subsequent years, miniunum U5G5 matching funds wi!! be $30,000, and could range as high as $90,000, depending on availability and on costs associated with reports, articles, and other informatiortat projects stemming from this project. TABLE 2.-Estimated project casts in dollars for fiscal years 2008 through 2013 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 Pro•ect oversi ht 4560 11900 13000 l 6000 16600 1$000 Labor and installations 29220 71 S00 73700 75900 78400 80480 Instruments 52000 Instrument maintenance .... 10300 10600 10920 11230" Su lies. _~ 11$0 19680. ... 20300 20900 2i'700 22150 Laborator b700 18750 19300 19900 20480 21100 Shi in and Misc. 2000 3500 3600 3700 3900 3940 Products 10000 4000 17000 4000 20000 Additinnal Suhtarks: Data Gra her website 25000 3000 0 0 0 Real-time gage upgrades and Adrian stream e b©000 20000 20600 21200 21800 l~iel sam lin s#ud 60000 17000 0 0 0 Overhead 52340 121770 122000 136006 129000 147000 T©TAL 154040 402100 306200 320bOQ 306200 345700 USGS share 70000 185000 90000 TSD* _ TSD TBD Coo erator share 84000 217100 216200 TSD 'TBD TSD *TBD: To be determined ~ ~ rl~ f Boise City Public Works Department P.O. Box 500 Boise, ID 83701 Voice: (208) 384 3900 Fax: (208) 384 3905 invoice Number. 6471 Invoice Date: Dec 22, 2009 Page: 1 Duplicate Bill To: Meridian Public Works 33 East Broadway Ave Meridian, ID 83642 Ship to: Customer ID Customer PO Payment Terms MER300 Attn: Clint Dolsb Net 30 Days Sales Rep ID Shipping Method Ship Date Due Data Courier 1121 /10 Quantity Item Description Unit Price Amount 1.00 Billing for the Ciiy of Meridian's portion of the 2010 USGS Monitoring Contract for the Joint Funding Agreement. 33,952.00 33,952.00 Subtotal 33,952.00 Sales Tax Total Invoice Amount 33,952.00 Check/Credit Memo No: Payment/CreditApplied TOTAL 33,952.00 MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. SH REQUEST Change Order #3 to the Original Contract Dated November 30, 2004 with Civil Survey Consultants, Inc. for Additional Professional Services Associated with the Construction of Well #27 Pump House for aNot-to-Exceed Amount of $6,000.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPARTMENT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: Ifached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. ~~i~E IDIAN F11L1~C 1 DA N O Works Department Mayor Tammy de Weerd Members of the City Council FROM: Brent A. Blake, Engineering Technician II DATE: 3/22/2010 Mayor Tammy de Weerd City Cound! Members Ketth Bird Brad Hoaglun Charles Rountree Davtd Zaremba SUBJECT: CHANGE ORDER #3 TO THE ORIGINAL CONTRACT DATED NOVEMBER 30, 2004 WITH CIVIL SURVEY CONSULTANTS, INC., FOR ADDITIONAL PROFESSIONAL SERVICES ASSOCIATED WITH THE CONSTRUCTION OF WELL #27 PUMP HOUSE FOR A NOT TO EXCEED AMOUNT OF $6,000.00. {NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve change order #3 with Civil Survey Consultants for a not to exceed amount of $6,000.00 for the Well #27 Pump House Construction pmject. 2. Authorize the Mayor to sign the change order. II. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Technician II (Project Manager) 489-0349 Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 Page Y of 3 III. DESCRIPTION A. Backsround Construction of Nell #27 Pump House was budgeted for fiscal years 2009 and 2010 in accordance with the City's Water Master Plan Update of 200b prepared by CH2MHILL. B. Chan a Order This Change Order is to pay for additional services provided by Civil Survey Consultants that were outside the original scope of work. These additional services were needed to ensure the Well #27 Pump House Project was constructed properly in order to provide a quality product to the residents of Meridian. During the installation of the pump motor, the contractor encountered problems and City staff were concerned about the workmanship and the way the installation was progressing. Therefore, Civil Survey Consultants were called upon to thoroughly oversee the pump motor installation process. Additionally, the Idaho Department of Environmental Quality (IDEQ) recently added a new requirement mandating the installation of a pressure relief valve (on the discharge side of new production wells) between the pump and the shut-off valve. The addition of the recently mandated pressure relief valve created confusion for City staff during the discharge pipe disinfection and sampling process. Again, Civil Survey Consultants were requested to provide assistance in order to assure proper flushing and sampling methods were conducted. Finally, a couple landscaping issues were encountered during the project which involved the proposed sprinkler system and boundary fence. Civil Survey Consultants were called upon to assure adequate construction and repair of the sprinkler system and boundary fence, respectively. IV. IMPACT A. Strategic Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining fmancial stewardship. B. Service/DeIivery Impact: The addition of a new well to provide water supply in this area was indentified as a priority in our 2006 Water Master Plan update by CH2M HILL. The expectation in 200b was that three additional wells would be needed by 2010 in order to meet the anticipated firm capacity requirements. Therefore, the addition of Well #27 will add to the City's ability to provide adequate water supply to the residents of Meridian. Page 2 of 3 C. FiscalImpact• Well Ihilling Proiect Casts Original Contract Price $26,500.00 Change Order No. 1 $15,064.00 Change Order No. 2 $2,804.41 Change Order No. 3 b 000.00 Final Project Costs $50,3b8.41 The above listed amounts reflect a 90 % increase in contract price. For an explanation of Change Orders No. 1 and No. 2, please see attached letters from Civil Survey Consultants, Inc. dated November 5, 2008 and May 5, 2009, respectively. D. Project Funding Enterprise Fund for Well #27 V. TIME CONSTRAINTS $412,174.30 A. Council's approval will allow the Well #27 Pump House to be completed before May, 2010. VI. LIST OF ATTACHMENTS A, Contract Change Order Form B. Civil Survey Consultants, Inc. letter dated Novembers, 2008 C. Civil Survey Consultants, Inc. letter dated May 5, 2009 Approved for Council Agenda: ~Z ate Page 3 of 3 • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 Change Order No.: 3 Prayed Number. 08700 Date: 3/1/2010 EffecWe Date: C ~NTRACT CHANGE ORDER • CONTRAI: rpR: Clvli Survey Consultant PROJECT Well 27 Design The Contra °or Is hereby directed to make the following changes from the Contract Document and Plans. D~clptlon. 1) Ad tional technical inspection services. Re~on for `.hangs Order: Unanticipat~ ~ inspection services involving the construction of the pumphouse building and assodated components inctudirtg landscapinc 'encing, pump/motor installation, and pipe disinfection. Atlachmen ~HANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Co -act Price: $26,500.00 Original Contrail Completion Date: Original Contrail Completion Days: Net change. , rom previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 0 No. 0 to 0 $17,868.41 Contrail Pr ~ Prior to this C.O.: Contrail Completion Date before this C.O.: $44,368.41 Net Increae 'decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $6,000.00 Contrail Pr ,~ with all Approved C.O: s: Contract Comp~tion Date with ell Approved C.O.'s: $50,368.41 RECOMM[ ~?~ : (coN~sTR~ no~ ~ ACCF_PTED CT ~~ . ~7.elie/l ,~A,~ 6~ ovG"~~ Date: 3 - Z -ZO I O Date: ~ ~ /Z p /t~ APPROVE ~ {CITY PURCHASING A "~ t ~I i I I I ~ rCOUNCIL APPROVAL By: Keith ~.' `,`\ ,ts / ~( 'Srj ~, Date: 1 ~~ ~ ~ L '--. ~ Z ~ ` s APPROVE ;~TIT1~ ~~ ATTE /I~ GJ~GG~%~P~J' ~E~ By: Mayor mmy d eerd ~ ~~ B eft, Jay Holman Date: ~ " l,o ~ ~ ~ '~ 'S ~T 18'~ ~ ' `t' ~` I ' ~p ~' UI~ t Glean K. Bennett, P.LS. P~ident Timothy A. Burgess, P.F» Vita President Kyle Radek, PE City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Civil Survey Consultants, Inc. 140o E. Wateawwer st Suite 100 Mei3dian, Idaho 83642 Re: City of Meridian - Well No. 27 Dear Kyle: (208)888312 Fax 888-0323 November 5, 2008 Our Agreement for Professional Services for the We1127 project was executed in November 2004. Since then, the project has changed adding additional work effort not anticipated when the original scope of services was prepared. I am requesting a supplement to the original agreement to cover this additional work and adjust for the four year delay in completion of this project. I have enclosed a copy of the original executed agreement for your reference. I have also attached a summary of all billings as of i 1/MOB. As of November 4, 2008 we have billed a total of l 8,474 for design fees. This number is $900 higher than shown on my November 4 billing due to the fact that I had not included my March S, 2006 billing in my budget summary. I will connect this during the next billing cycle. Work that I consider a change in scope is as follows: The Cherry Lane Christian Church needed to install landscaping along the northerly edge of their prnperty in Apri12006. This required that the by-pass/flushing pipeline from the well lot to Ten Mile Creek be constructed as a separate project. The separate project added design effort and construction staking that was not originally included in the scope of services. I estimate the fees for additional work associated with this change are one half of Bills No. 2 and 3 and all of Bill No. 4 for a total of $2,185.00. 2. When We1127 was actually constructed it was found to be a flowing artesian well, This required that we prepare a special separate detail for a well head capable of diverting the artesian flow during development and test pumping. Since you still planned to postpone design and construction of the pumping facilities, Ed Squires recommended that you have the ability to flush the well to preserve water quality until the pumping facilities are installed. This required that we prepare a separate set of design plans far improvements to handle the artesian flow until the pumping facilities are constructed. I estimate the fees for additional work associated with this change are all of Bill No. 6 and one half of Bills No. 9,10 and all of Bills No. 11 and 12 for a total of $5,036.50. Radek November S, 2008 Page 2 of 3 3. When the original scope of services was prepared city policy was that the contractors install a SCADA panel and antenna furnishes by Meridian. All SCADA start up and programming was performed by Meridian once the well was completed and accepted. This policy has now changed so that the equipment wiU be furnished by the contractor as part of the construction contract and SCADA programming will be provided under the design services contract. DC Engineering's fee proposal for the SCADA programming is $2,500.00. ~. You have requested the new pumping facilities include the ability to by-pass flows whenever the well starts after remaining idle. This requirement was not included in the original project. The License Agreement with the Nampa Meridian Irrigation District allowing for flows to be by- passed to Ten Mile Creek was obtained prior to this new requirement and does not a11ow for this type of discharge. A modification to the existing agreement will be required. Since Ten Mile Creek is a drain rather than a canal I anticipate that obtaining this modiflc~tion will be possible, but I have not approached NMID regarding this issue at this time. Assuming everything goes smoothly, I estimate approximately 8 hours of Project Engineer time will be required to update the license agc~ement, which will add approximately $760.00. This does not include any direct expenses for charges by NMID's attorney, which I will pass through at costr S. Originally Well 27 was to be constructed in 2005. Construction was delayed due to water quality issues discovered when the test well was constructed, and due to changes in anticipated demands in the area. Billings submitted to date have been made at the current hourly rate at the time of billing. There are some original budgeted hours that are not currently billed, or included in another supplement item, for which I am requesting an increase to adjust to current rates. I have attached two spreadsheet to support this request, one for the design fees and one for the construction services fees. The combined total for this item is $4282.50. 6. 1 originally planned to use Molder Engineering for electrical design and ICartchner Engineering for mechanical design. On my recent projects I have been using the services of DC Engineering for both electrical and mechanical design. It is my understanding that DC Engineering is also providing mast of the SCADA programming for Meridian making them a good choice for this project. I have enclosed a copy of their proposed scope of services and fee estimate. This proposal includes $5,000 for electrical and mechanical design, which is $300.00 over the original budget. The following summarizes the fee adjustments requested above by item number: Change No. 1 Change No. 2 Change No. 3 Change No. 4 Change No. S Change No. 6 Total Fee Increase _ $ 2,185.00 _ $ 5,036.50 _ $ Z,S00.00 $ 760.00 $ 4,282.50 _ $ 300.00 _ $15,064.00 Radek November 5, 2005 Page 3 of 3 I spoke to Ed Squires this mowing regarding the well. He indicated that his pmposal to restrict portions of the well screens for water quality purposes should not affect the selection or design of the pumping equipment. Ed is not finished with this design, but indicated he would have well ca~city and drawdown information to me by next week. For purposed of this supplement Y have assumed we will have a standard vertical turbine pump configured for the artesian well. Please let me know if you need any additional information to support this request. Sincerel . ~~~ un Burgess, P.E. enc. c~~ ~ ~~ P.t_s. ~ivil Survey ~onsultarlts, Inc. tm6~88-4312 p~p,t 1400 E. Watertower St. Faz gggp3~ Snits l00 Timothy A. Bwgees. P.E. Meridian, Idaho 83642 vice Presiduit May 5, 2009 Brent Blake City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Re: Ciry of Meridian - Well No. 27 Dear Brent: During the review and approval prods for We1127 the Idaho Department of Environmental Quality (IDEQ) added two new requirements to the project that were not include in our professional services agreement. These requirements added additional work effort and coats as follows: IDEQ rejcctcd our original plan submittal due to the fact that a Preliminary Engineering Report had not been submitted and approved. The r~uirement for the Preliminary Engineering Report has been added since the original contract, and IDEQ would not accept your approved Master Plan as fulfilling the requirement even though Well 27 is specifically addressed in the Master PIan. This issue caused additional services in the amount of $1,050.00 as shown in our February 2, 2009 billing. 2. IDEQ added the requirement that we install a pressure relief valve on the distribution side of the check valve. It is my professional opinion that IDEQ's position on this issue is not supported by the current version of IDAPA 58.01.08, and was a very broad interpretation of the regulations to support their requirement. This has not been a requirement on any of the previous well projects we have completed for Meridian. This issue caused additional services to address IDEQ's comments and make plan revisions in the amount of $1,754.41, which was included in the April 3, 2009 billing. I am requesting a supplement in the amount of $2,804.41 for these additional services. Please let me know if you need any additional infonnation to support this request. Sincerely 'Tiro Burgess, P.E. MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. 5I REQUEST First Addendum to the Cooperative Construction and Reimbursement Agreement with Primeland Development Co., LLP, for the Construction of a 12-inch Water Main from the Intersection of Ten Mile and McMillan Rd West Appx. 1,000 Feet AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPARTMENT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~iQ/rE IDIAN~- ~~~iC IDAHO Works Department TO: Mayor Tamrny de Weerd Members of the City Council FROM: Bruce Freckleton, Development Services Manager DATE: March 23, 2010 Mayor Tammy de Weerd easy Cenwcl~ Mee~6erp Kefth Bird Brad Haaglun Charles Rountree David Zaremba SUBJECT: FIRST ADDENDUM TO THE COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT WITH PRIMELAND DEVELOPMENT CO., LLF, FOR THE CONSTRUCTION OF A 12-INCH WATER MAIN FROM THE INTERSECTION OF TEN MILE AND MCMILLAN ROADS WEST APPROXIMATELY 1000 FEET. I. RECOMMENDED ACTION A. Move to: i. Approve the First Addendum to the Cooperative Construction and Reimbursement Agreement with Primeland Development Co., LLP to memorialize the final project costs. 2. Authorize the Mayor to sign and the City Clerk to Attest the First Addendum to the Reimbursement Agreement. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 Page Y of 2 III. DESCRIPTION A. Background On July 1, 2008 the City of Meridian entered into a Cooperative Construction and Reimbursement Agreement with Primeland Development Co., LLP for the construction of a 12-inch water main from the intersection of Ten Mile and McMillan Roads west approximately 1000 feet. On August 18, 2009, per the requirements of Section "H" of the agreement, a change order was approved by the City Council to memorialize an increase to the original contract amount from $58,815.65 to $69,825.65. Also per the requirements of Section "H" of the original agreement, we are now presenting this addendum to the original agreement to memorialize the approved final contract amount of $69,825.65 IV. LIST OF ATTACHMENTS Cooperative Construction and Reimbursement Agreement • First Addendum to Cooperative Construction and Reimbursement Agreement Approved for Council 3-25-~~ Date Page 2 of 2 n~rs ~~n^ r ^a~r^.rrr •r rm~rr rv~~nrunr nmvvnr rw rv ease rDaHO o~romo o~oe FOl oEFUt~r a~~~ au~ REGORDED_R~UEST OF III I allllllllllllllllll~lllllll III CIS ~ Merldlan i i 00~ i 367 FIRST ADDENDUM TO COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT 1Z-INCH WATER MAIN FROM THE INTERSECTION OF TEN MILE AND MCNIILLAN ROADS WEST APPROXIMATELY 1000 FEET Whereas, on the 1st day of July, 2008, the above-titled Reimbursement Agreement was made between the City of Meridian, a municipal corporation hereinafter referred to as "CITY" and Primeland Development Co, LLP, hereinafter referred to as "DEVELOPER"; and, Whereas, the total project cost was originally estimated at $58,815.65; and, Whereas, a change order was approved by CITY on August 18, 2009 increasing the total amount of the project to $69,825.65; and, Whereas, this Addendum is necessary to update the project costs in the Reimbursement Agreement. Now, Therefore, CITY and DEVELOPER here, ,~iy enter into this FIRST ADDENDUM to the Reimbursement Agreement as of the~~ day of 2010. ~ri The Reimbursement Agreement is hereby amended in the following particulars: Section F is hereby replaced with the following: F. DEVELOPER and CITY responsibility for Costs. Because Developer will construct the Project, as shown on Exhibit "B", it is mutually agreed that the cost of the Project will be subject to actual cost verification by CITY. Developer shall fund 100% of the cost of the Project, estimated at $69.825.65 with reimbursement from CITY in accordance with the provisions of this Agreement as listed below. Contractor $55,824.90 Engineering & Survey $11,200.00 Project Management $ 2,800.75 Total Contract $69,825.65 All other terms and conditions remain unchanged. SIGNATURES TO FOLLOW ON NEXT PAGE IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER Primeland Development Co., LLP ~~tJ,K. S .VAtzittA.~ Name (printed) ignature Maw~rA,C,,.~rL Title M rw.r~~•s. 3 , Zoto Date CITY: ~~ BY: ~ ~ y-~-~o TA-1VIl1~IY ERD, MAYOR Daxe Attest: ````````y pF r i i r~ r~O'~'/,''. ~~ ~'~ ti ~• ~~ ~ ~. o YCE OLMAN, CITY CLERK ~ SEA 9 ,~ '''/~ rrrrr tttNtt` ,~`` • STATE OF IDAHO ) ss County of Ada ) on this ~r~ day of ~f,~,~G6~ ,201 before me the undersigned, a Notary Public in and for said State, personally appeared S. U ~~ , known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed. the same on behalf of Primeland Development, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sal the day and year first above written. Notary Public or Idaho Residing at: ~ Commission Expires• '~ Zt!1/S • • STATE OF IDAHO ) BRLY WINKLE Notary Public State of Idaho ss County of Ada ) , On this ~„~~ day of 010, before me the undersigned, a Notary Public in and for said fate, personally appeared TAMMY de WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WI'T'NESS 'QVI~REOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .~~~~A D. ~~~ ~10TA~~ ~ ~i ~ PVe LAG ~' O yg~rB OF t9t-~` . ~ ~ ` ~ ' ' ` ADA COUNTY RECORDER J. ~"` NAYARRO AMOUNT .00 -. 14 r .A- °• BOISE IDAHO 07122!08 03;32 ( ~ ~ECOROenon~eQOUr~ o~ III IIlI~I1111111111111111111I1I11 l III Merldlan Clay i ~$~'$~~~~ • COOPERATIVE CONSTRUCTION - . AND . IMBURS AGREEMENT 12-IlVCH WATERMAIN - FR M THE INTERSECTION OF TEN E AND MC ROADS WEST APPROXIMATELY 1000 FEET THIS AGREEMENT made this ~ day of 2008, by and between the CITY OF MERIDIAN, a municipal corpora her ' er called "CITY," and Primeland Development Co., LLP, hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct approximately 1,000 feet of 12-inch water main, along McMillan road west of Ten Mile Road, to be owned, operated, and maintained by CITY to serve . DEVELOPER's property, Volterra and Volterra South Subdivisions (shown on Exhibit "A"), and has requested reimbursement for a portion of the 12-inch water main; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the said 12-inch water main system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Preparation of Plans. DEVELOPER has prepared plans and specifications, •_ drawings, instructions, bid proposal and all other contract documents for the construction and installation of the i2-inch water main system (hereinafter called "Project', shown on prelinunary plans (hereinafter called "Exhibit `B"), including rights-of--way, grades and elevation, and matezials used. in the construction and installation of said Project. B. Final Approval of Plans. Prior to commencement of construction, CITY shall . approve or reject, in its discretion, the Project plans: CITY and DEVELOPER shall acknowledge in. writing the final plans, and said plans shall not thereafter be modified in any material way unless such modifications are approved in writing signed by CITY and DEVELOPER. . P~~ ~ ~~ ~~ C. Solicitation of Bids. DEVELOPER has solicited bids and published requests•~or bid proposals for construction of the Project from at least three (3) properly licensed public work contractors. DEVELOPER must notify CTTY of the bid opening forty eight (48) hours in advance and provide the opportunity for a CITY representative to attend the bid opening during normal working hours. DEVELOPER will'award the construction to the lowest responsible bidder after obtaining concurrence from CITY of low bidder. D. Contract Terms. DEVELOPER shall provide CITY with a copy of the executed construction contract(s). A11 construction contract{s) shall include, at a minimum, the following provisions: 1. A requirement that the contractor provide payment and performance bonds naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter I9, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete within six {6) months of the date of the issuance of a Notice to Proceed from the City. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item ox items remain uncompleted. 4. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, {d) weather, (e) review and/or approval processes xequired'by outside agencies not otherwise parties to this Agreement (f} any request for extension of time approved in writing by CITY. 5. A requirement that the contractor shall maintain Liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a Limit of One Million Dollars ($1,000,000.00) per occurrence,. Said requirement is extinguished upon acceptance of Project by City. 5. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. 7. A provision that the contractor shall comply with alI applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. P~=off. 8. A provision providing at Least a one (1) year warranty on the operation and materials of the Project, aihich warranty shall be assignable to CITY, to be secured by the posting of a performance bond in favor of City upon project completion in the amount often percent (10%) of the total Project cost. E. Conditions Precedent to Execution of Construction Contractfs). Prior to execution of any construction contract, the following conditions shall be satisfied: l . DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, which approval maybe withheld for any reason, including but not limited to DEVELOPER's failure to obtain a construction contract that contains the provisions required by Phis Agreement, bnt which approval shall not otherwise be unreasonably withheld. 2. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. F. DE LOPER and CITY Responsibility for Costs, Because the DEVELOPER will construct the Pxoject, as shown on Exhibit `B", it is mutually agreed that the cost of the Project will be subject to actual cast verification by CITY. DEVELOPER shall fund 100% of the cost of the Project, estimated at 58 815.65 with reimbursement from the CITY in accordance with the provisions of this Agreement as listed below. Contractor 44,814.90 Engineering & Survey 11,200.00 Proiect Management 2 800 75 Total Contract 58,815.65 G. Construction of the Proiect. 1. DEVELOPER shall install and construct the Project in compliance with, and subject to all conditions provided herein. 2. DEVELOPER shall obtain and/or provide all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project, 3. DEVELOPER shall undertake and/or provide all testing, sampling and other normally conducted measures far quality coatrol/quality assurance regarding any gad all installed systems. 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards. H. Change Orders to Construction Contract. DEVELOPER shall obtain. the written approval of CITY before approving any change order to the construction contract if (a} the cost of the change order will exceed one percent (1%) of the contract price or (b) the cumulative total of all previously approved change orders exceeds ten percent (l0%) of the contract price. In the event of a change order, CIT Y and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and DEVELOPER shall execute an amendment to this Agreement to reflect how the cost savings will be allocated between CITY and DEVELOPER. I. Completion of the Project. l . Upon final completion of the Project, DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (1S) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non-conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of ail non conforming matters. 2. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as-built drawings for the Project in both a reproducible, printed format, on both mylar and in electrozuc files in AutoCAD format. 3. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1}year warranty of the work and materials on the Project. 4. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all Liens and encumbrances not created by or with the written consent of CITY. S. Upon completion of the Project, CITY shall issue an approval letter accepting ownership to DEVELOPER J. Reimbursement to DEVELOPER. 1. Estimated Total Reimbursement. Because the DEVELOPER shall install, construct and erect domestic water system as shown on Exhibit `B", the CITY shall reimburse to the DEVELOPER that portion of the cost associated with the construction that has been determined by CITY to be able to benefit properties other than the user's, by refunding 4t}% of the assessment fee collected by CITY in accordance with the City Ordinances 9-1-12 in effect at the time the Building Permits are issued for DEVELOPER'S lots within DEVELOPER'S property, after ~~ a 5.0% deduction for an administration fee, with the total reimbursement to the DEVELOPER estimated at $22,349.95. The CITY wdl make an audit of this agreement on a quarterly basis, beginning three months from the date of this agreement, and reimburse the DEVELOPER in accordance with this agreement from the assessment fees collected during the audit period for the DEVELOPERS property, Volterra and Volterra South Subdivisions. K. Term of A eem t. Payments shall continue under this agreement for a period of 10 {ten) years from the date of execution of this agreement by CITY, or until . DEVELOPER is reimbursed the amount estimated at $22.349.95 ,whichever occurs first. The City ordinance in effect at the time of execution of this agreement does not allow the term of this agreement to extend beyond 10 (ten) years. If the DEVELOPER has not been reimbursed the estimated amount as shown above after ten {10} years from the date of this agreement, and if the CITY ordinance has been amended to allow this agreement to be extended beyond a ten yeaz period, then this agreement may be extended by mutual Agreement of the CITY and the DEVELOPER This provision is intended to allow CITY to consider extending this agreement if allowed by ordinance and does not commit CITY to agree to such an extension if allowable. L. Water and Sewer Lines on DEVELOPER'S Property. As a condition for CITY entering this Agreement, DEVELOPER has or will request and submit to inspections by the Public Works Department and/or the Building Department of CITY whenever a building is to be conniected to any and all portions of the Project constructed and installed on and/or within DEVELOPER'S property. M. Compliance with Laws. 1. In constructing and installing the Project on and/or within its•properiy, DEVELOPER, at its sole expense, shall comply with a~- and all laws, orders and regulations of Federal, State and local authorities and at DEVELOPER's sole expense shall obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement. 2. Upon connection to the City of Meridian water and sanitary system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to water and sanitary sewer systems. N. Indemnification and Insurance. DEVELOPER shall include in all contracts between DEVELOPER and the contractors the indemnification and insurance requirements as set forth in this paragraph. A11 contractors shall indemnify and save and hold harmless CITY and DEVELOPER from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or•property and losses and expenses caused or incurred by contractors, their servants, agents, employees, guests, and/or business invitees, and not caused by-or arising out of tortious conduct. PaBa. ~ .~~~.. of CITY or its employees or its DEVELOPER In addition all contractors shall • maintain, and specifically agrees that it will maintain, throughout the pendency of this Agreement, liability insurance in which CITY and DEVELOPER shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 ofthe Idaho Code. "The limits of such incnran~ shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY and DEVELOPER, and if CITY and DEVELOPER became liable for an amount in excess of the insurance limits herein provided City and DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions and/ox judgments for damages and/or liability to persons and/or property. DEVELOPER shall provide CITY with a certificate of insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of • insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. City hereby indemnifies and saves and holds harmless DEVELOPER from and for any and all losses, claims, actions judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by CITY, its servants, agents, employees, and those parties under the control or direction of the CITY. The duty to indemnify shall also include the duty to defend DEVELOPER at the CITY' S cost. 0. No Assignment. DEVELOPER shall not assign any portion of this Agreement or s any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CTTY, which consent shall not be unreasonably withheld. P. Remedies u op n Default. 1. Default by DEVELOPER In addition to such other remedies at law or in equity that CITY may have, in the event DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and meaner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default b~CI'fY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to alI remedies available at law or in equity. Q. _Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered•pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing parry in connection therewith and in D ^Y connection with any appeal, and the same maybe included in such judgment or awazd. This provision shall, be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. R. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian City Engineer City of Meridian 660 E. Watertower, Suite #200 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 DEVELOPER: Primeland Development Co., LLP 3120 'UV. Belltowere, Ste. 100 Meridian, Idaho 83642 " ~ Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to • change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. S. Governing_Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. T. Exhibits. All exhibits to this Agreement aze incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. U. Entixe Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to fhe txansaction contemplated herein,• and no party shall be liable or bound to any other o in any manner by any representaiaons, warranties, covenants and agreements except as specifically set forth herein. V. Definition of DEVELOPER's Properiy. The term "DEVELOPER'S Property" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more specifically ali of the property included in the Volterra and Volterra South Subdivisions. W. Binding Effect. This Agreement shall be binding upon and imare to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. X. Reports and Information. At such times and in such fonans as the CITY may require, DEVELOPER shall furnish to CITY such statements; records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. Y. Audits and Inspections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of DEVELOPER' S records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, exanune, and copy 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. Z. Construction and Severabili . 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. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER Primeland Development Co., LLP ~~~ ~~~ Name (printed} • Si afore Title ~~ tai Date CITY: BY: ~ b~ ~ ~ , 2~c~C TAMMY de ~ ,MAYOR Date . ``~,~~-~IUI 11 lrl~ir~~~i Attest: ;~~~ ~~ 'L '~•~~ . ~O ': H MAN, CITY CLEi~ Gc ,~ J'~c~•( ~-~~-- '-. ~Q ~r asp • ~°,,,` . `~1 \~~~~ 11111 11 ~ STATE OF IDAHO ) ss County of Ada } On this 3~~'~' day of Ju,~tr ,2008, before me the undersigned, a Notary Public in and for said State, personally appeared C~t.~iN F t7G4{ , known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~ . Od.~ ~••`p`~~9Y L~g~B ~~'•e .• ?j' ' Notary Pub c For Idaho ~ X10=~~,, ....~ -* Residing at: 1, nv oK •, , vrf~ Ce.1~1.~.~,~1 l , lb ~~ pU~LtG Commission Expires: 1/ t t 12 0 l ?, %, v',T, p r STATE OF IDAHO ) )~ County of Ada } On this ~~ day of 2008, before me the undersigned, a Notary Public in and for said State, p sonally appeared TAiVIlVIY de WEERD and 7ACEE HOLMAN, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. A~i~~9~~~~~~~~ +i Notary Public For Idaho ~~ ~. vt'~ ' 1 °~i ~j i Residing at: t~,~ ~ { p ~,d;~. ~. ~,:~..a Commission Expires: tb-i[•i ( ~~.~,~j'~~ _ _~„--' ®~ (~ ~~ Q 3 8'l d . _ 1~ s~. t ~" t 'wi T'. i ! a •~, t.'~ : ? /.'~' z ~ - „ '. ~ ~'. •~ Lip `.:..{:k .{? •,':i ~~'st">~: L S 4'a M1'r1 ••t °'~~ 7~1 .i ~;`. t:. ~~. ,~:,: ~`Y-• :%l~~ti' • .... I,~~y! 1~•%/Tffi~ 'S ~SJY !i:'4 r~ ! . ! _ ~~'' • •~ J»..~ w.. ~' ~~ :~f~:• i- ~ l l•~ Y-, s. A n ~ ' {7~'~ ,•Oa'} 9. •~j• ~+i{L'+~i§ ~= ~t b~u1L'f: A•. FT t- ~ .. .~~,~ .>..t ci• ,,. .•~ ~~ ~ ~Sf St•Ri= A~;~~~ f ~ 1..4. L 'c't.s~ v^ .~ ~4; (y f t•* 4 f; ~~ ?• L~ ~$ $"a ~' • T " • ;~k -;t"' ~~ " i ' . 'M lg:1_ T . . . <: ? W • ~ 1 1 f17 - - - .._. (~ ~ ~ e' ~ ~ ~ ~~ ~' / r /,' ~ ,'~ ~ ~~ I a ~~~~ ~ t ~ . r r i. ~:~ MATCHLNE STA:35+00 SEE SHEET 5-18 ®®6xD®®®~ ®® ®~a ®~®®®~ a ~ ~ ~F ~,~~s1~~ ~ ~ ga ~a ~~~~ ~~ L ~ ~ 8~~~ ^^ ~~, CI) ~ r TEN MILE & MCMILLAN STREET Q ~,~, ~ r s ' ~ IMPROVEMENT PLANS ~ ~ ~t ng ~~ Orl t A ~ ~p u~µ AfCMILLAM PL1M & PROFILE STA:30+S0-35+00 ~~ R ~ ~ ~ ~ ~ ~ rar o.~,-m.:.,.~. ...~ . . ~~ ~ v~ ® ®®~~® - p~oa ~ R.'~Fa~~~ ~E~~E ~ a~ ~~~~~~~~ ~ R~~ ~~ ~~~~~~ ~v~~p f~i 3 4~ 4 E~ ~ ~ y. p T ~~ , ~~~~g~~ 4 9's r' S 9 p en ms aaa~ ~ ~ . n ~' "~ "" 0J1Q tEN MILE & MCMILLAN STREET ~~ ~ ~ c IMPROVEMENT PLANS ~~ uadrant .n .~ , MCdlILtAN PLfN k PROFltE Sl'A:J5+00-39+50 metal ma cneultin~ Inc. ame wro u~ vxo$cr pn, uan~uo A,we~ ltoe) au-oavi amps (aa) sir-oaer rr ~~~~~ awarmwtmca a¢ amnmov-amw~am-e~mav yw.mmor --• 1 ~ .:1 l.j. ~~~ g~~~p~~~~~ ~~~~~~~~~~~~~~~~3~ Q s e8g ~~ Y ~ U] ~ ~ ~' ~'B" ~` PL010"`~ TEN MJLE & MCMiLLAN STREET ~~ IMPROVEMENT PLANS ' ^~Quadrant ~~ ~ ~ ~ MChIILWN PLAN & PROFILE S7'A:38+50-4d+p0 Consufttng, Inc. IDAHD IQPi 4 OMme Aw0 ~ fe4q twee. AJA7 9CAlft NFOVCCf N6 H[L INltfa (tt7a1 iW-ae/l NI~Y f~1 .NY-~ND!!Y' :~~ OW4aFlpq<pb91 mca~mmoo-aalswcew eu..rs~r ~~ ~~~ MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. S.I REQUEST Beer/Wine/Liquor License Owner Transfer from Restaurant Concepts II, LLC to AmRest, LLC, DBA Applebee's Neighborhood Grill and Bar, Located at 1460 N. Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPARTMENT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. 5K REQUEST Approval of 2010-2011 Beer/Wine/Liquor License Renewals AGENCY COMMENTS CITY CLERK: See Attached CITY ENGINEER: CITY PUBLIC WORKS DEPARTMENT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Beer, Wine ~ Liquor License Renewals for 2010-2011 Approval by City Council on April 6th, 2010 DBA LOCATION B/W/L JBs Restaurant r 1565 S. Meridian Rd. Beer/Wine Ram Restaurant r 3272 E. Pine Ave. Beer/Wine/Liquor Cheerleaders Bar & Grill r 3541 N. Eagle Rd. Beer/Wine/Liquor The Cigarette Store 200 E. Fairview Ave. Beer Maverik #410 1630 E. McMillan Rd. Beer/Wine Maverik #343 1545 E. Overland Rd. Beer/Wine Maverik #233 1605 Cherry Ln. Beer/Wine Baja Fresh Mexican Grill r 1440 N. Eagle Rd. Beer Buffalo Wild Wings r 3223 E. Louise Dr. Beer/Wine/Liquor Ustick Chevron LLC 770 W. Ustick Ave. Beer/Wine Don Diego's Restaurant r 2951 E. Overland Beer/Wine WinCo Foods LLC 1050 S. Progress Ave. Beer/Wine Famous Daves r 3510 N. Eagle Rd. Beer/Wine/Liquor Applebees r 1460 N. Eagle. Rd. Beer/Wine/Liquor Texas Roadhouse r 3801 E. Fairview Ave. Beer/Wine/Liquor Albertsons #180 3301 W. Cherry Ln. Beer/Wine Albertsons #164 20 E. Fairview Ave. Beer/Wine Its All About You Catering r 2951 E. Overland Rd. Beer/Wine Walmart #2862 4051 E. Fairview Ave. Beer/Wine Epi's r 1115 N. Main St. Beer/Wine Winger's r 1701 E. Fairview Ave. Beer/Wine Fiesta Guadalajara r 704 E. Fairview Ave. Beer/Wine/Liquor Divine Wine 2310 E. Overland Rd. #105 Beer/Wine Vina Restaurant r 1534 N. Main St. Beer Meridian Speedway 335 S. Main St. Beer/Wine Louis Pizza r 2500 E. Fairview Beer/Wine/Liquor Strikers r 324 Meridian St. Beer/Wine/Liquor The Big Smoke #6 234 W. Franklin Beer/Wine Fred Meyer Store #198 1850 E. Fairview Beer/Wine White Water Saloon 1646 N. Meridian rd Beer/Liquor MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. SL REQUEST Resolution No. l7~ :Adopting Reallocation Amendment v to Program year 2008 CDBG Action Plan AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPARTMENT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Atf ~~~ \l7 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. 1 ~ '~ ~ ~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2008 ACTION PLAN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is required to prepaze and adopt a Community Development Block Grant (CDBG) Action Plan for each year the City receives CDBG Entitlement funds; and WHEREAS, the City adopted, and the United States Department of Housing and Urban Development (HUD) subsequently approved, a CDBG Action Plan for Program Year 2008 (PY2008) on August 5, 2008; and WHEREAS, certain activities identified for use of PY2008 CDBG Entitlement funds did not advance according to prescribed timelines; and WHEREAS, HUD requires timely expenditure of Entitlement funds by CDBG recipients; and WHEREAS, the City proposed a substantial amendment to the PY2008 CDBG Action Plan to allow reallocation of unused funds to new or continuing activities; and WHEREAS, in accordance with the Citizen Participation Plan, the City held a public hearing on the proposed substantial amendment to the PY2008 Action Plan on February 9, 2010, and held a public comment period on the same amendment from Februazy 9 to Mazch 23, 2010; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Program Year 2008 Action Plan and its certification documents, incorporated herein by reference, be, and the same hereby aze, amended as described in Attachment 1. Section 2. That the Mayor and the City Clerk be, and they hereby aze, authorized to respectively execute and attest, through this Resolution, this substantial amendment to the PY2008 Action Plan for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. . ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of April, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this ~' day of April, 2010. RESOLUTION AMENDING PY2008 CDBG ACTION PLAN -Page 1 of 13 APPROVED: Mayor T de Weerd ATTEST: `\`\~~~~i~ ii a i-i~iii~i .~ of ~~~ ~~s By. o~Q1~r q'~0 ~, Jaycee olman, City Clerk \~ crp ; s~~~ _= 9! ~p~ `~ ~. ~-9 QP . RESOLUTION AMENDING PY2008 CDBG ACTION PLAN -Page 2 of 13 Attachment 1: PY2008 CDBG Action Plan Substantial Amendment Summary and Staff Report STAFF REPORT Hearing Date: March 23, 2010 ~~ 1L1CSl'q l®AH® TO: Mayor and City Council FROM: Matt Ellsworth, Associaoe City Plant>cr SUB3ECT: PY2008 Community Development Block Grant Action Plan Amendment, Public Hearing & Comment Period 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST Several activities proposed for the 2008 Program Year (PY08) did not move forward according to predetermined timelines or came in under budget. In order to maintain compliance with federal timeliness requirements, the City proposes an amendment to the PY2008 CDBG Action Plan to reallocate these unused funds to new activities as follows: I-~unds Front ~~~~ Z;tnrds To Project Amount Project Amount Habitat for $~~~ ~ Senior Center $14.795.00 Humanity (Public Services) Code $11,000.00 Food Bank $18,271.96 Enforcement Senior Center $16,791. Housing $15,000.00 (Public Facilities) Authority Unallocated $275.00 (Design) otks $40,000.00 I O`l~:aL w~8,l~G6.yb ~~ 1~O i .1 t; 823,0(y6 vr, Note: Activity seannearies are available iet echibits 1 and 2. 2. SUMMARY RECOMMENDATION Staff recommends the following: a. That Council close the public hearing and comment period that began on February 9, 2010; and b. That Council approve the amendment to the PY2008 CDBG Action Plan as described herein. 3. PROCESS FACTS Published public notices March 8, 2010 in the Valley Threes and /daho Statesman. A copy of this Atrn'ndrtrent is available at the °Senior Center, Library, City Hall; and online at; http://www.meridiancity.ornJplannina.aspx?id=4418. PY2008 CDBG Action Plan Amendment March 23, 2010 -i- RESOLUTION AMENDING PY2008 CDBG ACTION PLAN -Page 3 of 13 5. EXHIBITS A. "Funds From" Activity Summary B. "Funds To" Activity Summary C. Public Services Activity Schedu~, Meridian Senior Center D. 3C Tables 1) Senior Center Pablic Services 2) Senior Center Public Facilities (Revised) 3) Food Bank 4) Ada County Housing Authority 5) Infrastructure Design 6) Code Enforcement (Revised) PY2008 CDBG Action Plan Amendment March 23.2010 -2- RESOLUTION AMENDING PY2008 CDBG ACTION PLAN -Page 4 of 13 EXIiIBIT A: "Funds From" Activity Sammary ~~~ m ~~ ~ ~ ~~ o ~ m~ ~S g~ ~° ~ ~ ~ ~~ ~ , L t ~ ~ ~ ~ ~ v~ ® a$ ~ . ~ O m ~ ~ ~m s -~ ~ ~~ sd ~~~ ~c ~ m ~ ~ ~c o ~°~~ ~ ~ Qg o_g3 ~~ ~~~~ ~~ ° ~ -o ~~~ ~~ ~ ~ ~ ~ ~ m ~ o ,~ ~ ~ ~ ~ ~~ ~ ~ m 3 0 . ~~ ~ ~ _m ~ 5 ~ ~ ~ ~ ~ ~~ ~ g ~~ ~~ ~~ ~ g ~ ~_ ~ ~ (QQ ~. p~ O ~ Q PY2008 CDBG Action Plan Amendment March 23, 2010 -3- RESOLUTION AMENDING PY2008 CDBG ACTION PLAN -Page 5 of 13 EXHIBIT B: "Fends To" Activity Summary pfOj@Ct(AC~tV~t~f QI~fOC;atl0il ~SCflP~tO[1 To aBSISt the ~~ Cetrtef in pubttc servfoe BCUvIUes for Senror Center (Pubis Servloas) $14,795.00 itis members. Prapos~ activities inchtd~ descxlbed in EXhtbit C. Food Bank $18.271.96 To purchase food and eupp~ee related to provision of services at the RAeddian Food Bank. To pravkie homebuyer asststan~ (mortgage principal Ada County Housfig Authority $15,0.00 buy daMm, downpaymeM, or cbstn9 00~ to eltgtble LAAI Purchasers. Publ~ Works Infrastructure ~'~'~ To des~n water and sewer Ilse n~phacarment in reskien#i ~gn parts of LMI area. PY2008 CDBG Action Plan Amendanent March 23, 2010 -4- RESOLUTION AMENDING PY2008 CDBG ACTION PLAN -Page 6 of 13 EXHIBIT C: Public Services Activity Schedule, Meridian Senior Center ART EDUCATION: Contact Carl Goodwin ~ 888-6846 (Each Class will run three weeks a month. W e will bin the classes in March 2010 ark go thti Juty 2010) 1) Pastels: $10.00 per student, ($100 ir~tructor fee. (Umtt 10 people) Thr~ classes: COST: $400 2) Watercolor. $21.00 per student, $100 instructor fee (Umtt 10 people) Thr~ classes: COST: $510 3) Acrylic: $30.00 per student, $1 ~ ir~structar fee. (Umtt 10 people) Three classes: COST: $600 4) Wood Pulp: $10.00 per student, $100 Instructor fee (Umtt 10 people) Three classes: COST: $400 5) Drawing: $15.00 per student, $100 instructor fee (Umtt 10 people) Three classes: COST: $450 TOTAL COST FOR ART EDUCATIONAL CLASSES: $2,360 BLOOD TESTING: (Pending the Dr's ofticre schedule, begin the bk>~ testing in April 2010 and run through May 2010) Cholesterol screening would insist ot: 1) CBC: Evaluation of weakness, Fat~ue and cholesterol sues 2) CMP: Evaluation for diabetes, liver, ark kidney functions 3) LIPIDS: Cholesterol and tr~lyceride evaUation 4) TSH: Dated thyroki function 5) UA: Evaluation of various symptoms' and I~nesses 6) Hemogk>t~n A1C: Glutmse testing Cost per indivkiual: $100 (Umtt 50 people) Contact: Zelda, Idaho Minor Emergency 514-4401 TOTAL COST FOR BLOOD TESTING: $5,000 MAMOGRAMS (DIGITAL) Pending on SL Luke's Mamm~ram schedule begin March 2010 and run thti April 2010) Cost per individual $117 (Limit 55 people) Contact: Gana: 706-5680 or Jude: 706-5684 St. Luke's Mammograms TOTAL COST FOR MAMOGRAMS: $6,435 SHIBA PROGRAAA: We will begin this program March 2010, pending the sdmdule of our SHIBA contact) This Is an an going pn~ram, once tt Is set up. Addttionel costs whk:h may not be ~vered by the initial program $1,000 Contact: Genii: 3344352 The remainder of the CDBG funding $1,996.96 we give permfsslon to tits City of Meridian to re-alt~® to another orgardzaUon whk:h has app®ed br CDBG funding. If passible we would tilts this amount to ga to the Meridian Food Bank, If they are on the grant fistlrrg. ""NOTE: The above given monk assigned to each program can charge tt the instructor or provider wards them to ocau In some other month. We ursierstand that funds wi© not be released urttfl the end of Feb. 2010 and need to ~ used by the end of Aug. 2010. PY2008 CDBG Action Plan Amendment March 23, 2010 -S- RESOLUTION AMENDING PY2008 CDBG ACTION PLAN -Page 7 of 13 EXHIBIT D.1: Jarisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Public Services Senior Center Public Services Description The City will provide Public Service assistance to the Meridian Senior Center to provide services ranging fmm health and wellness to recreation. Objective category: ®Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Oatrnme category: ^ Availability/Accessibility ^ Affordability ®Sustainability Location/Target Area Citywide as applicable. Objective Namber Project ID SL3.3 HUD Matrix Code CDBG C1taBon OS 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subrceipient LMC Strart Date Completion Date 03/16/2010 09/30/2010 Performance Indicator Annual Units # of it~ividuals served 30 Local ID Units Upon Completion 30 Funding Sonrc~.c: CDBG $14,795.00 ESG HOME HOPWA Total Formula $14,795.00 Prior Year Funds Assisted Housing PHA Other Funding Total $14,795.00 T7~ primary purpose of the project is to help: ^ the Homekas ^ Person with H[V!A@S ^ Persona with Disabilities ^ Public Housing Needs PY2008 CDBG Action Plan At~ndment March 23, 2010 -6- RESOLUTION AMENDING PY2008 CDBG ACTION PLAN -Page 8 of 13 EXHIBIT D.2: Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Public Facilities Project Title Senior Center Public Facilities (REVISED) Description The City will provide funding for the Meridian Senior Center to update their phone system. Objective category: ®Suitable Living Environment ^ Decent Housing ^ Economic OPPor<unitY Outcome category: ^ Availability/Accessib~7ity ^ Affordability ®Sustainability Location/Target Area 133 W. Broadway; Meridian ID 83642 Census Tract 010322, Block Group 2 Objective Number Project ID SL3.3 HUD Matrix Code CDBG Citation OS 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subreci Tent LMC Start Date Completion Date 03/16/2009 09/30/2009 Performance Indicator Annual Units # of i~ividuals served 30 Local ID Units Upon Completion 30 Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $3,208.04 $3,208.04 $3,208.04 T~ P+~Y Po~'Pose of the project is to help: ^ the Homeless ^ Persons with HIV/AIDS ^ Persons with Disab~7ities ^ Public Housing Nerds PY2008 CDBG Action Plan Amendment March 23, 2010 -7- RESOLUTION AMENDING PY2008 CDBG ACTION PLAN -Page 9 of 13 EXHIBIT D.3: Jurisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridiaa, Idaho Public Services Meridian Food Bank Description The City will provide Public Service support to the Meridian Food Bank for general services, food supplies, backpacks for kids, etc. Objective category: ®Suitable Living Environment ^ Decent Housing ^ Economic OPPo~ty Outcome category: ^ Availability/Accessibility ^ Affordability ®Sustainability Location/TargetAraa Citywide as applicable. Objective Number Project ID SL3.3 HUD Matra Code CDBG Citation OS 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subreci Tent LMC Start Date Completion Date 03/16/2010 09/30/2010 Performance Indicator Annual Units # of individuals served 600 Local ID Units Upon Completion 600 Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Yeaz Funds Assisted Housing PHA Other Funding Total $18,271.96 $18,271.96 $18,271.96 1'he pricey paipose of ~ pmjed is to help: ^ the Hamehss ^ Pecsoffi with HIV/AIDS ^ Persona with Disabilities ^ Pablie Housing Nerds PY20D8 CDBG Action Plan Amendment March 23, 2010 -8- RESOLUTION AMENDING PY2008 CDBG ACTION PLAN -Page 10 of 13 EXHIBIT D.4: JurLwlidion's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Affordable Housing Homeownership Assistance Description The City will provide funding for the Boise City/Ada County Housing Authority to provide direct homeownership assistance to help LMI individuals purchase homes. Objective category: ^ Suitable Living Environment ®Decent Housing ^ Economic Opportunity Outcome category: ^ Availability/Accessibility ®Affordability ^ Sustainability Location/TargetArxc Citywide as applicable. Objective Nnmber P%~ct ID DH 2.2 HUD Matrl$ Code CDBG CitaBon 13 24 CFR § 570.201(n) Type of Redpient CDBG National Objective Subreci ' nt LMH Start I?ate Completion Date 03/16/2010 09/30/2010 Performance Indicator Anneal Units Housing Units 1 Local ID Units Upon Completion 1 Funding Sour: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $15,000.00 $15,000.00 $15,000.00 71re primary purpose or the project is to help: ^ the Homeless ^ Persons with HIVlAIDS ^ Pen:o~ with Disabilit~s ^ 1'ablfc Housing 1 PY2008 CDBG Action Plan Amendment March 23.2010 -9- RESOLUTION AMENDING PY2008 CDBG ACTION PLAN -Page 11 of 13 EXHIBIT D.S: Table 3C Consolidated Plan LisBng of Projects Jurisdiction's Name: Priority Need: Project Title City of Meridian, Idaho Public Facilities Infrastructure Design Description The City will use CDBG funding to design replacement water and sewer lines in the residential portion of the LMI area around Downtown Meridian Objective category: ®Suitable Living Envirotttt~nt ^ Decent Housing ^ Economic Opporttmity Outcome category: ^ Availability/Accessibility ^ Affordability ®Sustainability Location/TargetAren Census Tract 010322, Black Graup 1 Objective Nttmber Project ID SL 1.1 HUD Matriac Code CDBG Citation 03J 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Entitletttent LMA Start Date Completion Bate 03/15YL010 09/30/2010 Performance Indicator Annnal Units Faci3ities 2 Local ID Units Upon Completion 2 Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Yeaz Funds Assisted Hausing PHA Other Funding Total T~ Pn~Y P~ of ~ pmject is to help: ^ the Homehss ^ Persona with HIV//11T)S ^ Persons with Diaebr7i0ies ^ Public Housing Nfxds PY2008 CDBG Action Plan Amendment Mazch 21, 2010 - 10- RESOLUTION AMENDING PY2008 CDBG ACTION PLAN -Page 12 of 13 EXHIBIT D.6: Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Sustainability of Suitable Living Environment Project Title LMI Area Code Enforoe~nt (REVISED) Description The City will use CDBG funding to reduce deterioration of LMI neighborhoods through proactive Code Enforcement activities. Objective category: ®Suitable Living Environtt~nt ^ Decent Housing ^ Economic Opportunity Outcome category: ^ Availability/Accessibility ^ Affordability ®Sustainability Locatlon/TargetAren Census Tract 010322, Block Group l; Census Tract 010322, Block Group 2; Census Tract 010321, Block Group 2 Objective Number Project ID SL 3.1 HUD Matrix Code CDBG Citation 15 24 CFR § 570.202(c) Type of Recipient CDBG National Objective Entitlett~nt LMA Start Date Completion Date 03/16!2010 (i9/30/2010 Performance Indicator Annual Units Cases/Activities 2 Local ID Units Upon Completion 2 Fondi~ Sources: CDBG ESG HOME HOPWA Total Formula Prig Year Funds Assisted Housing PHA Other Funding Total $9,0()0.00 $9,000.00 $9,000.00 T~ Pn~Y P~ or the pmjecK ie to help: ^ the Homeless ^ Pe,smv4 with HN/AIDS ^ Per~m< with Disabt7ities ^ Pablic Housing Needs PY2008 CDBG Action Plan Amendment March 23, 2010 -11- RESOLUTION AMENDING PY2008 CDBG ACTION PLAN -Page 13 of 13 MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. SM REQUEST Resolution No. ~ ' A Resolution Vacating a Portion of the Water Easement withing Lots 45 and 46, Block 7, Settler's Crossing, Located in the SW 1 /4 of Section 31, Township 4 N, Range 1 E, Boise Meridian, City of Meridian, Ada County, Idaho AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPARTMENT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See Attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 S ~ 9018E IDAHO 0101110 0306 PM DEPUTY Vicltl Allen III I~IIIII'IIIIII'IIIIIII'III~' III III RECORDED-REQUE8t OF 11 ~0~ 1 ~~~ Clry of Meridian CITY OF MERIDIAN RESOLUTION NO. ~ ~ ~ ~ ~ U BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION VACATING A PORTION OF A WATER EASEMENT WITHIN LOTS 45 & 46, BLOCK 7, SUNDANCE SUBDIVISION NO. 5, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 23, 2010 the City Council of Meridian, held a hearing on the vacation of a portion of the water easement within Lots 45 and 46, Block 7, Sundance Subdivision No. S, located in the Southwest'/a of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion of the public water easement within Lots 45 and 46, Block 7, Sundance Subdivision No. 5, located in the Southwest '/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, State of Idaho, is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit «A» Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~'L`' day of , 2010. VACATION OF WATER EASEMENT FOR SETTLERS CROSSING (SUNDANCE SUB. NO. 5) -VAC 10-001 Page 1 of 2 APPROVED BY THE YOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~ , 2010. MAYOR MY de WEERD ' \\`~~~~uuaiius~~, ATTEST: `,.~``~~~~ ®~ ~~o~-9~L'''~. \~0~~4 rho JAYC L. HOLMAN, CITY CLERK =_ ~~~1' r ~ ~~ 1 ~,,~ ~ o ,, yo sr ~s~ , ~, `~., .,~~ ,9 C~AfT'{ `~Pe`~. STATE OF IDAHO, ss County of Ada ) 7v _ ` On this ~ day of 2010, before me, the undersigned, a Notary Public in and for said fate, personally appeazed TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~ a ~' (SEAL) 'ARY PUBLIC O IDAHO [DING AT: ~a-r--, - ~ MY COMMISSION EXPIRES: ®~ VACATION OF WATER EASEMENT FOR SETTLERS CROSSING (SUNDANCE SUB. NO. S) -VAC 10-001 Page 2 of 2 T-® ENGINEERS EI~IIBIT ~~A" City of Meridian Water Easement Vacation A 20-foot wide strip of land being all of Water Easement No. 4 of Instrument No. 107008142, records of Ada County, Idaho, formerly located in Lot 26, Block 7, of SUNDANCE SUBDIVISION N0.3, located in the Southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: CON[MENCING at the southwest corner of said Section 31, marked by a found aluminum cap, from which the west quarter corner of said Section 31, marked by a found brass cap, bears N.00°51'27"E., 2650.12 feet; thence, along the westerly line of said Section 31, A) N.00°51'27"E., 300.00 feet; thence, leaving said westerly line, B) 5.89°34'42"E., 354.02 feet to a point on the northerly line of an existing City of Meridian Sanitary Sewer and Water Easement, as shown on said SUNDANCE SUBDIVISION N0.3, being the POINT OF BEGINNING; thence, 1) N.00°51'50"E., 107.31 feet; 2) 5.89°33'24"E., 20.00 feet; thence, 3) 5.00°51'50"W., 107.30 feet to the northerly line of said existing easement; thence, along said northerly line, N.89°34'42"W., 20.00 feet to the POINT OF BEGINNING. H:\0516(\WPfiles~SURVEY\WATER EASEMENT VACATION1Exlu1-Water Esmt Vacation.doc 9777 Chinden Li~ulavard Botsa. 10 83714 Phone (208) 323-2268 Fax (208) 323-2399 www.to-engineers.com Aviation I Transportation I Land Development I Landscape Architecture I Municipal I Water Resources I Surveying CITY OF MERIDIAN - WATER EASEMENT VACATION WITHIN LOTS 45 Bc 46, BLOCK 7 SUNDANCE SUBDIVISION N0. 5 LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31 TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 0 50 100 200 300 ceel ~• 1 "-~ nn' noN lo. 4 1142 31 1 ~ ~. .,.....,.....,~. LEGEND -__--_ - SUBDNISION BOUNDARY LOT LINE ® LOT NULIBER ~ SEWER k WATER ESLITS. PER WSi. N0. 107008142 @ ~e~~L'U!/!G PROPOSED WATER ESbR. VACATION T^O ENGINEERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2®®8 PHON& 1208) 323-2288 FAX: (208) 323-2399 E-F0.E: H:\05161\STEP AHEAD WATER DATE: FEB, 2010 JOB; 05161 Title: Date: 02-04-2010 Scale: linch = 30 feet File: Tract 1: 0.049 Acres: 2146 Sq Feet: Closure = s02.1208w 0.00 Feet: Precision =1/104443: Perimeter = 255 Feet 001=n00.5150e 107.31 003~OO.SISOw 107.30 002=s89.3324e 20.00 004=n89.3442w 20.00 MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. SN REQUEST Department of Environmental Quality (DEQ) Joint Powers Agreement Discussion: Permission for the Mayor to Sign and the Clerk to Attest AGENCY COMMENTS MAYOR'S OFFICE: CITY ENGINEER: CITY PUBLIC WORKS DEPARTMENT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US W EST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: See Attached Phone: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. Apri16, 2010 Toni Hazdesty Director Depaztment of Environmental Quality 1410 North Hilton Boise, ID 83706 Re: Vehicle Inspection and Maintenance Program Idaho Code Section 39-116B Deaz Director Hardesty: In correspondence dated June 26, 2009, I informed you that the City of Meridian intended to enter into a joint exercise of powers agreement with DEQ to implement a vehicle inspection and maintenance program. This decision was based on the understanding that the City would be included in discussions regarding the contents of the agreement and the establishing of a streamlined program that meets the requirements of both the existing Cazbon Monoxide Limited Maintenance Plan and Idaho Code Section 39-116B. Your correspondence dated September 24, 2009 confirmed that DEQ would be contacting City staff to begin this collaborative process. The City Council recently decided, after the decision of the Air Quality Boazd to do the same, to continue with the existing Emissions Testing programs that aze currently in the City of Meridian for the time being. The City is still willing to participate in a discussion of a Joint Powers Agreement. We look forward to that discussion when DEQ is ready to take the next step. Sincerely, Tammy d eerd Mayor MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2010 ITEM NO. 6A~ REQUEST Appointment of Fire Chief Mark Niemeyer AGENCY COMMENTS MAYOR'S OFFICE: CITY ENGINEER: CITY PUBLIC WORKS DEPARTMENT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: f Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. 6A2 REQUEST Resolution No. ~~ - ~ (q :Appointing Treg A. Bernt to the Meridian Parks and Recreation Commission AGENCY MAYOR'S OFFICE: COMMENTS CITY ENGINEER: CITY PUBLIC WORKS DEPARTMENT: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. `~ ~ ~ ~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING A COMMISSIONER TO THE MERIDIAN PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Seat 2 on the Meridian Pazks and Recreation Commission is vacant; and WHEREAS, the City Council of the City of Meridian deems the appointment of Treg A. Bemt to be in the best interest of the Meridian Pazks and Recreation Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-2-3(A)(2), Treg A. Bernt is hereby appointed to Seat 2 of the Meridian Parks and Recreation Commission, for a term to expire on October 31, 2010. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 6th day of April, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this 6th day of April, 2010. APPROVED: ~! Mayor T de Weerd ATTEST: \`~~~~i i u i i i i ~~ri~~~ ~, ~° rFO ; By: ayce .Holman, City Clerk _ ~~~~ ~ ~°~~ O ~~'~ C®UIVTY ~ ~~ ~`~~~ RESOLUTION APPOINTING TREG A. BERNT TO THE MERIDIAN PARKS & RECREATION COMMISSION Page I of 1 Treg A. Bernt 537 S Woodhaven Meridian, ID 83642 tre~l~rntna,gmail. comcom Mayor Tammy de Weerd City of Meridian Parks and Recreation Commission 33 E. Broadway Ave. Meridian, ID 83642 Deaz Mayor de Weerd: Please consider me for the Parks & Recreation Commission seat that you recently posted on Facebook. Hopefully by reading this letter of interest, you will feel why I'm ready and excited to serve and help out the city of Meridian. Ever since I can remember, I have always had a desire to serve in some capacity in city government. There is nothing more gratifying than serving and helping others. Over the years, I've had many opportunities to serve the community in different capacities. For example, I was invited to join the Rotary Club of Pocatello as a young professional where I served as the student liaison at Idaho State University. Also, I have been involved with the Boy Scouts of America. With the scouts, I was head of Varsity scout training for the Meridian District of the ORE-IDA council. I absolutely love Meridian and I'm grateful that I had the chance to move here from South Eastern Idaho 6 years ago with my family. I'm a Territory Sales Manager with TuBex of California, a division of Shaw Industries. I pride myself on my dependability and the ability to work well with others. I welcome hazd work, I am willing to learn new skills, and I am mindful of details that will strengthen our community. I believe strongly in adapting to new ideas. I'm a confident leader, but very humble and always aware of where all blessings come from. I would appreciate an opportunity to work for the City of Meridian as a commissioner for the Pazks and Recreation commission. If needed, I would be more than happy to submit a resume. Please don't hesitate to call me at (208) 409-7400 or send me as email to arrange an interview at your convenience. Thank you for your time and consideration. Sincerely, Treg A. Bernt Treg A. Bernt 1354 E San Pedro Meridian, ID 83646 Phone: 208.409.7400 Email: tregberntna.gmail.com Aug 2003 -Present Tuftex of California Boise, Idaho Territory Manager • Grew business I S% and was ranked #7 out of 11 I Ten•itory Managers in 2007 • Grew business 40% and was ranked #5 out of 114 Territory Managers in 2006 • Grew business 81 % and was ranked #3 out of 118 Territory Managers in 2005 • Grew business 110% and was ranked # 1 out of 124 Territory Managers in 2004 Accomplishments • Winner of "Tuftex Area Rug Contest" 2009 • Appointed to the Boazd of Directors, Interior Designers of Idaho 2008 • Tuftex "Regional Territory Manager of the Year" 2006 • Winner of "The Trip to Pazadise Sales Contest" 2006 / Sales contest that focused on total sales for all channels of distribution. Builder, Shaw Aligned, buying group, and retail business. • Winner of "The Great Race Sales Contest" 2005 / Same contest as above. • Ranked # 1 in PARS contest 2005 & 2006 / Pricing Credits-Accommodations-Returns-Sample Loss / Contest to gauge total cost of territory for best contribution. • Winner of "Tuftex Rookie of the year" 2004 • Winner of "Shaw Cup Sales Contest" 2005, 2006, 2007, 2008, 2009 / Sales contest that awards the winner of most inventory rolls sold. Dec 2000 -May 2003 L & K Carpet One Pocatello, Idaho Sales Manager • Grew business 45% and was ranked # 1 in 2001 • Grew business 20% and was ranked # 1 in 2002 Accomplishments • Ranked # I in total sales every yeaz. • First sales associate to hit 1.5 million in sales in company history. • To date, no one has sold as much as I did in company history. • Selected to Carpet One "Product Advisory Council." 2002 EDUCATION Idaho State University Pocatello, Idaho Bachelor's Degree in Speech Communication with an emphasis in Organizational Communication. • Graduated December of 2002 SKILLS/TIZAINING • Shaw Diversity Training. • DISCcovering Self & Others Training. • Franklin Covey Leadership & Time Management Training. • Speak, read, and write fluent Portuguese. • Proficient with Microsoft Windows, Office (Excel, Word, PowerPoint). • Boy Scouts of America, Meridian District Vazsity Training Coordinator MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. 6B REQUEST Request to Waive the $50.00 Fee for a Temporary Use Permit Application by Meridian High Lacrosse Team (Jenni Foster, Parent Representative) AGENCY CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPARTMENT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Matertals presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached Page 1 of 1 Nancy Radford From: Jenni Foster [jennifoster@cableone.net] Sent: Tuesday, March 23, 2010 9:13 PM To: Nancy Radford Subject: Meridian High Lacrosse Team Waiver for Temporary use permit Nancy, I hope this is what you need in the way of a letter if not please let me know. We are requesting a waiver of the $50 permit fee for the Meridian High Lacrosse Team. The individual team does not have a 501 c permit because they are very expensive to get. The Idaho Lacrosse Association has one but if we use their number then all of the funds need to go to them and then they have to tum around and reimburse the Meridian Lacrosse Team. Meridian High School has the status but because Lacrosse is a club sport and not funded through the school we can not use their permit. The lacrosse team is wanting to have a rummage sale as a fund raiser for the team. If they have to pay $50 for the permit that could take away a good part of anything they may make. If you could see fit to waive the fee for the team that would be wonderful. If you have any questions I can be reached at 373-8959 (work) or 890-5668 (cell) Thank you Jenni Foster 3/24/2010 E IDIA ~1~~~ CITY OFC~ C17Y CLERKS OFFICE City Clerk TEMPORARY USE PERMITS Applit~tion Standards INTERNAL ONLY Project Name: ~ ft~ ~~ ~ 5 . Las~tac~sc.r - (a~cQ ~~ Fie #: ~~ ~l0 --OOCp Date(s): t{(('7 l ~p DEADLINE: ~ ptQ Department Approval Signature: Please review all Standards noted for your department, sign above and return TIgIS SHEET ONLY to the Clerks Office. Type Standard Staff (~ All Application is complete CI All It is a temporary use All Not a First Amendment activity, funeral procession or programmed city activity Attorneys All Requires a Citizens Use Permit (CitUP) All Caretaker Unit only for site security and maintenance 1 All There is no UDC violation on property Enforce All Operating incompliance with conditions of approval Enforce All Proper waste collection and disposal provisions Enforce All Sidewalk not obstructed Enforce ~ Any other conditions necessary to mitigate traffic, parking, noise, vibration, odor li t are, distraction to motorist, dust, etc. ~ All Parking and Driving Surfaces (June 1 thrn Oct 31) must be: concrete, asphalt, grasscrete, pavers, bricks, macadam, natural turf. Recycled asphalt only with CZC. Gravel or soil must be treated see code . Planning All Parking and Driving Surfaces (Nov 1 thru May 31) must be: concrete, asphalt, grasscrete, pavers, bricks, macadam. Recycled asphalt only with CZC. Natural turf, gravel or soil must be maintained by sediment traps (see code) Planning All Parking does not create traffic hazards or nuisances Planning ~ Use provides off-street parking and does not displace the required off-street parking (street closures olc with CitUP) Planning All No more than one caretaker unit Planning All Not inright-of--way or obstructing vision triangle shown on site plan Planning All Not within required street buffer (arterial and collector roadways) and/or land use buffer Planning All Does not involve constructing a permanent building Planning All Motorized equipment not within 100 feet of residential district Planning 33 E. Broadway Ave. • Meridian, ]daho 83642 Phone: (208) 888-4433 • Facsimile: (208) 888-4218 • Website: www.meridiancity.org (11/09) Indoor Does not exceed 3 days per event Clerk Indoor Signs: 2 signs; 16 square feet max each Clerk Indoor Changes principle pernritted uses and/or approved accessory uses Planning Market Occurs only one day per week Clerk Market Small Signs: 20 signs; 6 square feet max each Large Signs: 4 signs; 32 square feet max each Clerk Market In anon-residential district or park Planning Model Suitable for sale as residential dwelling unit upon cessation of model home use Building Model Not used as financial institution, appraisal, loan or closing office Enforce Model Signs: 1 Sign; 16 square feet max Clerk Model Located upon a lot within subdivision with lots/houses for sale Planning Promo Outdoor or open-air Clerk Promo Remains within any 300 square foot area for more than 2 hours in any 24 hours Clerk Promo Is location on the premises of permanent proprietor Clerk Promo Not to exceed 160 days per calendar year Clerk Promo Signs: 2 signs; 32 square feet max each Clerk R.E Sales Must meet commercial occupancy standards Building R.E Sales Not used as financial institution, appraisal, loan, or closing office Enforce R.E Sales Signs: 1 sign; 16 square feet max Clerk R.E Sales Located upon a lot within subdivision with lots/homes for sale Planning Special Changes typical use of property Clerk Special Takes place on street and will likely result in obstruction of such OR requires provision and coordination of Ci services to an unusual de ee OR In an area o en to the ublic Clerk Special Small Signs: 200; 6 square feet max each. Large Signs: 12; 32 square feet max each Clerk Special Is within a City Park and meets Park standards Parks Special Not in residential neighborhood (see allowed exceptions in code) Planning Temp Outdoor or open-air Temp Remains within any 30.0 square feet area for more than 2 hours in any 24 hour period Temp Is not located on premises of permanent proprietor Temp Not to exceed 60 days per property, per calendar year. Temp Signs: 2 signs; 16 square feet max each 1 Temp 1 structure allowed; not to exceed 700 square feet Planning 33 )" Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 888433 • Facsimile: (208) 888-4218 • Website: www.meridiancity.or$ (IIt09) E IDIA l~el City Clerk's Ofl;ce TEMPORARY USE PERMIT Application Temporary Sales Unit Applicant: i., File #: v - .r O Complete applicatio received Date: 3~ (o D Permit issued ^ Permit denied Date: AppH t APPLICATION REQUIItBNIENTS: Co ted lication A location fee - $50.00 7' ~ Site tan, includin Date, north arrow, Project na+~, scale (not less than 1 "=SO") Existing structures, trees, landscaping, poles, walls, fences, berms, parkutg areas, vehicular drive wa ~ si ¢tG Proposed structures, fencing, parking areas, and drive aisles (include dimensions) Proposed locations of goods, vendors, and d/splays Proposed locations of garbage receptacles Proposed locations of first ofd stations, dri-lking water sources, and restrooms Proposed locations temporary si ns Written ion of owaer(s where to -sales will occur Central District Health D t. written vat and/or 'ts if STAFF USE ONLY: Ci of Meridian Police nt vat C' of Meridian Plannin nt vat C' of Meridian Fire D artment vat- Ci of Meridian Buildin Sen-ices D ent vat Cou~ttes co to Ma Courtes co ` to Ada Coun Hi a District Cannes ~ to Ada Coun Sheriff THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. Merldtan Gty Clerks Of~ee - 33 E Broadway Ave. - Meridian, Idaho 83642 Phone: 208-g8~F433 -Facsimile: 208-888218 - Wabslte: hupJ/www.meridlncityorg (tev. 2/09) E IDIAN,~ ~ ~;; APPLICANT INFORMATION City Cletrk's Office TEMPORARY USE PERMIT Application Temporary Sales Unit Applicant name: /'1/1.~~-,~,~.~ (d.A 11 (c~~~se. "'~c~.ti+...Phone: ~4$ elf; -'rsl Ss 9 Applicant mailing address: tea- o a /l) CI1a_v..d ~ ~ ~~ . M.er- - ~- a,~ Applicant physical address:. _Sa.v--e- Applicant tax identification number. C =N! #~ Sr3 -O~,l l $S Tai Agent upon whom service of process may be made in Idaho: Mc.- , d. ~.,~. ~! , ~_ Sc..t,.aa 1 ~ea.~roSScm Ic,<..wt.. PROPERTY INFORMATION Location of temporary sales unit: ~~~ ~. ~',.~er,zv ,/~ye. /Vl~,.~d~ ,~. _- ~36w~, Assessor's parcel numberts):.~di (~ t~ ~ :~; °~ ~ ~ ~ Current land use: Co.-~,~~ C_, a. l Current zoning district: Applicant's interest in property: ^ Own ~ Rent D Other Owner name: C.~A-t~Z ~~~ y fC~a•,_.~.. ~ Phone: Ord "7 - '~'S 3d TEMPORARY SALES UNIT INFORMATION Date(s) of temporary sales: ,~n~-~ f !~ {t`' ~C? 10 Hours of operation: -j : oa o.w... ~:ti `°~ ~ ~ rs General description of temporary sales t~o/'be conducted (includln8 8oodsrservlces w be sold waded given away, offered, displayed or delivered): Tar r~ c,a.~ ~ Pei"sOIIS who will Operate under this permit (ldst both mailing acid physical addresses if not same; attach additional pages if necessary): Muse C11 n~ --~ I ~~ r ~a-r.: f fl_C S'~. - 'rtayv~ McNdian City Clerks ORice - 33 E Broadway Ave. - Mer(dlan, Idaho 83642 Phone: 208-SN-4433 - Facsimile: 208-8884218 ~ Websi~: hupJJwww.meridincJt)rorg (rev. 2/09) E IDIAN.- City Clerk's Office TEMPORARY USE PERMIT Application ~ ~ Temporary Sales Unit Structures to be used (dunensions, location, purpose): s X E ~ Te.1r,\c ~ t- ~ ~ S ~ (a•~ ~ .n.~ C) clY y~Trd ~le_ ~-~.~.s . Parking area to be used (dimensions, location, surface): -~n.c_ e,w.5-! S ~ ~~ O ~ ~~.a.. !"~o.•-sr-r ~'r.['~e.ro..f Crr_d.+ l 1r,.,~.,. ~.~.c McJi-~tn(e. Cya.r K„~. C~-1S Security personnel and equipment" „~,.?~~; CrOWd COIItr01 measures: Z~ / ~ a t-F 6 TOO ~ [_.. ~._ t.a ~ ( l7 aJc I G6.w~. w~e.,.,.~s Traffic control measures• t•,`. iP ~,,,, ~ 4~.. t' ~• ic:,,,,~ - Emergency communication and evacuation plan:" ~ s -~ a•• arts ~ d~ a .tt»-~ _ Clean up and tear down plan (urclude dateshtmes + sign removal): y~/ 7I~.~ ra 5'l~a.,r~ ~ ~yc o_ ~ TEMPORARY SIGN INFORMATION. Temporary signs both on- and off- site (llsr by aimensioR): Size 1: l Co 54. ~ . Number of Size 1 signs: o`L n-site ^ Off-site Location(s) of off-site signs: ^ Owner permission Size 2: Number of Size 2 signs: ^ On-site ^ Off-site Location(s) of off-site signs: ^ Owner permission Size 3: Number of Size 3 signs: O On-site ^ Off-site Location(s) of off-site signs: ^ Owner permission Meridian City Clerics Office - 33 E Broadway Ave. -Meridian, Idaho 83642 Phone: 208-888-4433 -Facsimile: 208-888.4218 - Website: hapJ/www.meMdincityorg (rer. 2/09) IO~i-1'L-~ 1b 1'L:15 F!i()Cl-YF(:U - c7eriaian Pioneer Federal CREDIT UNION March 12, 2010 To whom it may concern, "LiOd-88~-;i'!6'L T-idd6 YI010'L!-OdL F-648 Pioneer Federal Credit Union does hereby give our consent to The MHS Lacrosse Team, non-profit organization, tv have a garage sale at the Meridian branch location on Saturday April 17`" 2010. Thank you, Jessica Postell Asst. Branch Manager Pioneer Federal Credit Union Main Otfloe / 260 W. 3rd South Mountain Home, Idaho 83647 ~ S C~~a (208) 587-3304 / Fex (208) 687-2769 nd MeeiEn-frt~ fuw~trt Mu*~e,.t www.pioneericu.orQ ....., .._. .. _....,. _..a..., ~..e........__...,......~, ~/ ~ ma`w rO~ ((`''~~(.. l' [E i i g~ 1 ~~~. d ~...w.. 1 ... } ~ { \VVJ Y 1 F '--~ ~rK, wg ~~ ti cfi ~. MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. 6C REQUEST SWAC Update: Sanitary Services Company (SSC) Public Outreach Campaign AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SOLID WASTE ADVISORY COMMITTEE: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. C s v Q H C '++ d V V ~~ ~ ~~ ® ` ® 1 ~, .~~ s ~ •~ •~ ® O ~ - ~~ ~ 1 o~ ~ d .~ O O ~ s w ~~ •v ~ 3 N~ Y d r >~ C O ~ ` V IO = ~ O~ ,•O-• O p N 3 s ~ U o.~~•3 m~ ~~.c~a`~3~orn N a+ ~ (q N > -O C ` G ~ O ~ O U ~ f0 .''~'' ~ +-+ O ,C ~ C U y. 41 C ~ N O) O U O M N C~ O N O V V C E O !0 V ~ -O 'O N N O p W 7 !0 7 N N ~ ~ ~ _ os Q rnx~ O o ~ a ni ~ ~ os C fO~ ~' '° _ Q c 0 tll ~ ,~, N~ V C ~ ~ C f0 ~ O > 3't ~0 d O v j~ N O O i0 U> Z 3sY ~~ 0 2 v ~ ~ y V L ~ d Cl '~ Q >, ~ 'Q 3 ° ~ Cl y ~ ~ ~ N ~ fC U N ~ N N ~ -O N N s•-_~o - m 3 ~ ~ .~~o~Z ~~s~~ .~ Y ~ ~ y N C ~ .~ C O L O N ~ N N ~ 7 O 3 ~ `- O U ~ N ~ V •V >,,a N ~ a j ~ f0 - ~ O .~ C N O U Q~rn~~ 7 Q°3c~oE ,~. ,~.'~ 1 5~, co` ~Y ~ _ > ~ ~ ~"~ d ~ ` N ~~c~ca y O '~ c ~+ ~ s L C ~ ~ ~ ~"~ E °' '~ U O ~ ~ us ~ _ ~ .p ~ ea v ~~ n ~ ~ ~ ,r i u, 0 -- a~ w, ~ a; ~• c Q x o =~ ;a o ~ N ~^ ~ ~ ~ ~ ~ O d ~ 0 N ~^ c d~ 2 2 C LL O J Q s ,,.~ ~ o c r~ J ~J ~~ di y.+ Ii~~ ~ ~! m _ vo, 3~ m m> upi 3 ~~ H E ~ o.rnm C7 t' N O N N C O O O r = 3 >+ V~ Q' C N = c N m ~ Y U N U~ p~ 7 f0 C uj 'O d c C Q U .C Q +O+ ~° c~ °'~v = m cpi ~ v L o N'Q~ o m p 0 0 0 Q- c 3 ~` •- N Q ~. V~ O V C Q a~ m ~ ~ 3~ °;}' ~ a~i a~ m ~ c ~ u» ~ ~ c v-.moo m ai E N-~ ~ c o >~•--p ca ~ R m o• ~ w~ v ~ ~ ~o oU- 3 a~ v Q.~ ~ N ~ a; a0'.>-.~ w N C aNV~ c.pc ~ f!1 f0 N~ 7 U O C N y O r t ~' d N t0 O O .F. S O Y O~ p~~ N~ O_ G~} O ~ N~ C O Cl Q m E-co..'o c~c•~ coi E-co.•3 C'1 c QQ E.N Cpi °> m w c 0 a 0 N U ~ C N O O U N N ~ O ~ U ~p t t N __ ~ c m ao m ~ c Q N •~ ~~ m ~ ~° a a~ c c c ~ ,h c H E E E 3~ 0 0 ~ ~ ~. f0 7 V V a n n. ~ ~ ~ yU 7 O cNO cNO M ~ o ~ ~ (O ~ N C ~ ~ ~ ~ H 4 C ~ ~ ~ = a~ a~ o ~ ~~ c. `m ~ ~ N U ~'~' U V V Z O ~-C N ~ c~ c~ cn ~ coo ~ ~- a 0 0 0 ~ " °' co rn ~ Up Uo U'a c C ui a v~, +..c ~n ~ ~ cow Za rn m c~ w m C V G~ '~ d O W C C . ~ > ~ .~°c ~ ~ Z W 3= c~ 3 a~ v_ 3 ~ QL m O U N V 'a c VJ N N N N ''' m N N N ~•~ ++ v 3 m N N 3 U 7 ~ 6 N ~ a°~i @~ dam 3 ~ O ~ ~ ~ ~ ~ Z V N ~ M ~ 7 N ~~j a~ 7 o,E O N~ ao m N ~ vm ~~rn u~c Eo~rn n~ ~_ 3 cc+o Cta ~~O coc o~ 3~ ~ ~ aw ~U~ o >, ~ cn ~~ m~ a a ~ ~ .r ~ ~ N N a~occ~~U'> sv~m x a N ~ ~ ?~ ,C N ~ .O w~~ N N •~ c rn N ', O_ ~ V O c~.~ c ~~~ a c w~' O N O N ui j 0~ c .~ >.va~vE'vm o c>o~ ~~•~~ c~~ N ~ - v1 N p~ ~oaoiEo3~a~ o~ o o~ c~ c m V N A -r+ (p -c c y C N~ N N C~ -p •v1 N N W N.N O~ C C O a~w-c~mcoa~c ~msoa~NEC Q~3ac~~'va •3 ~, N j a~ ~ `+ C 7 ~ ~ p N r C V 7 ~ C C C -O •~ ~ N ~ ~ ~ 3 ~~ o c >~ a U -C c U~ ,~ ~ v ~~ sma~ o c o E ~ m 3 wr ~ > tl1 ~ (A o ~° U •~ ~ >+ N ~ O r O•C ~~ N ~ N O > j >_ ~ N ~ V 0 0 N V ` V ++ ~ a O N 3 ~ N ~ ~ >+ - O C _ ~ O O ~ ~~ o~o ~> >vi~ c~ c~ocaiN °c ~oaai rn o co ~- c ~n~ ~a~io rno ~,oc Q>. -a.N o ,~ c n ~ p o ~ ~ ~Z'O ~co m~ ~~a o s ~~ N N ~= a~ ° ~ 3 ~~ o~ ~ ~ m a.~ ~ o cm o +- to v N c ~ ~ ~ ~ ~ O •p- -c U ~ w V ~ O ~_ orn°~ mm., Cjo.~c` Q'a ~ 3a~o}..n cNOU c-`ua~~~ scc6v ~p ~NrnN a'tv> ~mvpi~>'o coc to t.o •C ~ ~-cfU ~.o~ ,Y~ p o,., ~y-a E pvm m o ~ ~ m w a-p ~m .~~, m ~ a-: m ~ E `c a~ o~ m ~ ~ > c ~ a .c c a~ ~. a~ m ,- rn` +' y a o co ~ cco~ 3 ~ Q `=-'p ~ ~ co ~ ~ c>o o~-°o~ y~ a°- a-p .oc'? ~.c c ~~~ ~~ON ~3~oc-`o c`om~~ mmm~'~c~u c`u~~°.~ 3`~~~E rnN ~ w $U N ~~+ p rnv c N ~ w w ~ O p N.°_~O.oc :j~° p~+- ~ 5~~ ~co~.N c~.prn U'ca>> >~ ,.,a ~N+rrn cocvp c ~-- ~. ~ v v~ N N O N ~ cC C~ X 0 0- C N N~ O N N~ •p N Q ~.~'~ c ai a~i ~ aNiy-•~ c ~ N•~ `o~ m c E~ .~ o c N m'o c6i~~ mU m ~ ~mw ~ 3 °~ Q E~~ ~ m~ m co 3 I-~ ~ o ~t ca 3 0 I ~ ~c Public Information Campaign Elements Automated Waste Collection Transition Printed Materials Tri-Fold Brochure "Be Ready to Roll" Frequently Asked Questions (FAQ) Document One-Page Fact Sheet Printed Instructions to be Included with Delivered Carts "Do" and "Don't" Photographs '/ Page Postcard to Mail to Residents Utility Bill Mailings Tag Line Printed on Bottom of Utility Bills Tri-Fold Brochure "Be Ready to Roll" Utility Bill Stuffier Web /Electronic Communication E-Mail Blasts Prominent Web Site Postings Video or Still Photos Demonstrating Proper Cart Use and Placement SSC List Serve Messages City Blog Social Media Facebook Twitter APR 0 a 1010 CITYOF~fE IDs? CITyOI.ERKS ®FFICE Media Involvement News Releases - April Focus: Basic Information About Upcoming Change May Focus: Encourage Residents to Pre-Order Carts June Focus: Cart Delivery Information July Focus: Start of Fully-Automated Service /Any Special Issues Guest Appearances on Local Newscasts Public Service Announcements to Print 8~ Broadcast Media Community Meetings Town Hall Meeting Road Show (4 diverse locations) Meridian Chamber of Commerce Announcement Special Events Presence in Dairy Parade (the "Be Ready to Roll" Trash Cart Drill Team?) Information /Display Booth at Dairy Days Festival Marketplace Homeowners Associations /Neighborhood Watch Outreach to leaders of these groups to share Other Cover Story & Articles in June 1 City News News Article Provided to Valley Times and Smaller Publications Displays in High-Traffic Areas (i.e. Main Library, Post Office) Staff Education Meeting to Educate MOBS Staff of Upcoming Transition ._ d ~_ .~ V .~ ~~ L ,V~ ^- a O r 0 N .` Q Q ~ ~ U U U U cn U U fn U N m c .c~ C m c N ~ - o m 7 _ 7 Q L O ~ m c 'o J O ~ ~ N N ~ ~ t!7 -p I~ .` .~ .` a a a N C N 0 a Y O 0 .O U LL U U U U cn U U U U U U U ca U a O o a W N U C N O ~ C7 ~ O d' tlJ N N U N m ~ 7 ~' c ~ - W c j ~ W Q N N C N ~ O a f0 ~ N m c N :J 0 ~ ~ ~ N f- 5 z O N O ~' r ~ o ~ N N c 0 ~..~ y o c c o N t y N a~ N >_ ~ N ~ J ` ~ E ~ ~ N j ~ v = ~ ~ N C '~ o Q O a ~ U o _ U a _ m g „_, ~ ~ ~ c Q c O ~ ~ ~ V Q rn c ~ _ c H N ~ 3 ~ Y ~ N LL -o ~ o a rn O r 0 N d C 7 ~ ~ U U U U U m U U U 3 0 Z U W ~ A, W~ ,V C .N a~ Y m 0 uvi 3 U Q C .Q U o2S O ~ N ~ ~ - Q c c O ~ ~ (6 a ~ o ~, p c ~ ~ N y N N ~ ~ ,Z' ~ c}o ~ >_ ~~ o D U " N ~ ~ Z f0 V o J ~ m ~ a Q ~ C a t}i1 O ~ ~3 H .Y °o N O U J N F- C w ~ O m N N Z N ~ C7 N ~ uf0.. 0 N °~ 0 N 00 ~ r ~ r r N N N N c c c c i 1 ~ ~ ~ U U U W Q c 0 a~ c J f0 O N O >+ r ~ O ~ N _A 7 rn c •~~. ^~ li m .~ 0 0 N U (0 LL O r O N ~+ N 7 3 Q U rn c Y a a~ ~3 I- 0 0 .Q N U (0 LL MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. 6D REQUEST City Wide Fire Alarm and Monitoring Recommendation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPARTMENT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See Attached ~~ d OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. MERIDIAN CITY COUNCIL MEETING Aprll 6, 2010 APPLICANT ITEM NO. 6E REQUEST HR/Public Works Departments: Discussion of Personnel Changes AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPARTMENT: CITY ATTORNEY See Attached See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. 6F ~ -2 REQUEST Continued from 3/23/2010: Approval of New Beer/Wine/Liquor for Sunrise Baker and Cafe; Located at 805 N. Main Street--Approval of 2010-2011 Renewal for Sunrise Bakery and Cafe; Located at 805 N. Main Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPARTMENT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: \~ `~ ~/ ~~ Date: See Attached Phone: Emailed: ~rarr irnnais: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of 2 Jacy Jon®s From: Jaycee Holman Sent: Tuesday, March 23, 2010 4:58 PM To: Jacy Jones Subject: Fw: High Desert Harley-Davidson Please confirm you got this. Thanks. From: Tammy de Weerd To: RThomas665@aol.com <RThomas665@aol.com> Cc: Jaycee Holman Sent: Tue Mar 23 16:36:46 2010 Subject: RE: High Desert Harley-Davidson Hi Bob, This is good background and clarifying information to have for tonight's meeting and is important to have included in the public record. I will forward this email to our City Clerk for inclusion in the Council's information. If you are able to join us to share this as well, you would be most welcome. As it is an item under consideration on the agenda I can not comment at this time. I appreciate the time you took to share this with us and hope you have been able to share it with the church as well as it might give them more information of the intent. Best wishes, ~DZ ~~ Tammy de Weerd Mayor, City of Meridian ~.~~~{~ tdeweerd@meridiancity.org www.meridiancity.org (208)489-0529 (208)884-8119 LinkedIn - Click Here Facetwok -Click Here From: RThomas665@aol.com [maiito:RThomas665@aol.com] Sent: Tuesday, March 23, 2010 4:25 PM To: Tammy de Weerd Cc: dthomas@highdeserthd.com Subject: High Desert Harley-Davidson Tammy, I would like to make you aware of a pending liquor license transfer in the city of Meridian. This licence is owned by a joint business to High Desert H-D ~/~3/2010 Page 2 of 2 under the name of Thomas Entertainment LLC. We bought this license so that we could open a restaurant next to our Harley store in the new High Desert Market place building. I think we have mentioned this endeavor in a past meeting with you under the name Thunder Road Bar and GriII.To date we have over $250,000. in development cost towards this business. Liquor license ($150,000. ), architects ($50,000.), city Meridian permit fees and ACHD fees ($50,000.). Unfortunately do to the new banking regulations and internal changes with in Key Bank they changed the rules of the game when we went to term out our loan. Key required a new commercial real estate appraisal for the market place building before converting from construction loan to term loan. This appraisal went from $3.1 M to $1.3 M. $1,800,000. less than original appraisal. This striped our project of all tenant improvement money we had in it to build out this restaurant. In the mean time the ABC is pushing us to use or loose our liquor license. They gave us so many days to sell or place the license. This is the reason for the e- mail. We found a restaurant to lease the license in Meridian until we can get re- organized with the banks to build out the restaurant. The name of the restaurant in Meridian is Sunrise Cafe. The Sunrise cafe is the best restaurant we could lease to because it is not a bar and will serve only limited alcohol. They will not serve on Sunday and will keep it to a two drink limit. In addition they close early so they are not open late. The transfer is before the city of Meridian but I guess there is an objection by a church pastor close by. We would appreciate any help you could give us towards this issue. We have a major highly respected restaurant and brewery in the city of Boise that is looking to work with us on building this restaurant out. This would bring additional tax dollars to Meridian and would be a great restaurant for Meridian to have. I know our Harley store has been a great asset to the city of Meridian in image and tax revenue. Please take this into consideration in transferring this license to the Sunrise Cafe. This would give us the additional time we will need with the banks and potential new partner on putting this restaurant together. Again, all your help is greatly appreciated. Sincerely, Bob Thomas President High Desert Harley-Davidson ~r~zi~n~n @3/19/2010 17:32 2083434188 DOtJESLEY LAW OFFICE BRAN DONESL~X .A.T'~'OT~tNEY AT L.A,W BRIAN DONESLEY Y.ieensed is xdabo aad Washington DATE: Marclx 19, 2010 PAGE 01/02 348 Nvrt6,A,venue S post 08Ice Box 419 HoiBe, xd~o 83701•Q419 'relepLoaee (Z(3;j 343 3831 1! tesibslle: (ZftB) 343.4188 dobee'leylstrv(a~gwestmet PLE,A-SE DELIV~;~ '.l',4IE FOLLOW~TG PAGES ~O: • NAME: Mayon Tammy de 'VV'eetd Meridian City Council City of Meridian (20$) 888-4218 IZtQM: Brian Donesley ~~ Alcohol Beverage License Application for R&R Sunrise Meridian, Inc., dba Sunrise Bakory and Cafe MESSAGE: Attached is the lettex from Brian Donesley to 11~ayor Tamruy de Wecrd and the Meridian City Council dated Match I9, 20l 0. NUMBER OF PAGES BEING '1'I;ANSMITTED (INCLUDING THIS PAGE): 2 ORIGINAL OE '~ANSMITTED DOCUiv~1VT$ WILL ~,,, WILL NO'I'~_FULLOW BY U.S. MA,II, CONFIDEN'I'IAL.IT'YNQTE The documents accomtpanying this tslecopy transmission contain ittformatlon for the law iarzn of Brian Donesley which is co~idential or privileged. The iuaformatioa is intended to be for the use of the individual or entity named on this transmission sheet. If yvu are not the intended recipient, be aware that any disclosure, copying, distn'bution or use of the contents of this telecopiod iafozniation is prohibitod. If you have received this telecopy in error, please notify us by telephone immediately so that we can arrange for the retrieval of the original documents at no cost to you. IF AI.L PAGES ARE NOT RECEIVED, PLEASE T'ELEPI;TONE (208) 343-3851. PA,~ OPERATOR BC TiNIE SENT: a.m. • • 83/19/2010 17:32 2083434188 DLII~Si..EY LAW OFFICE ~ZtIAN DQ~IESLEY ,A.T"x'ORNEY ,A.~' L,A,W StiliAN ~OIVESLEY 1,~~enaed 1n Yd.eho and Waahlmgtoa Mayor Tatnmy de Weerd Meridian City Council City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 March 19, Zolo PAGE 02/02 '.f48 NorW Avemae ~ Ybet QlHce Heap 419 Boise, Xdaho 8370]-0419 Telepb~opa: (Z08) 343.3851 ~'uetmil8: (708)343-4188 donaleylaw(~~~est.aet By ~acsinile: {208, 88d1,4T2~t8 Re: Alcohol Be~~crage License Application for liZ4cR Sunrise Meridian, Inc., dba Sunrise Bakery and Cafe Honorable Mayor Tammy de Weerd: Meridian City Council: • • A continuance of the 1Vleridian City Council hearing on the Application for a City of Meridian Liquor License on behalf of RBcI;~, Sunrise Meridian, Inc., dba Sunrise Bakkery acid Cafe is requested. This request is based upon the fact that the objection of Church of the Harvest filed by letter dated March I $, 2010 was nvt received from the Office of the City Clerk, City of Meridian, unti14:5S p.1n. on March 19, 2010 by these offices on behalf of Applicant. This was the first notice to Applicant of the objection. And, Mr. Donesley, attorney for Applicant, is out of state until 'Tuesday, March 23, 2010, the same date of the hearing, and will not have an opportunity to contact tlae objecting parry, Church of the Harv®st, to discuss this matter iu~ an effort to reach an understanding sufficient to cause Church of the Harvest potentially to withdraw its objection. Such a conversation may avoid further complication with res~ct to the liquor license application and would be in the best interests of all eoncezned. Requested is that the matter of the Applaication of a Liquor License by RBcR Sunrise Meridian,, Inc., dba Sunrise Bakery and Cafe be continued until the next meeting Of the City Council. ctfully, rian o fey 1sD/bc cc: Client (by email w/attachment) R&ft Sunrise N~eridian, Inc. (by email w/attachment) +W .,~, ~" Church of . . A _ _ March 18 2010 ._ _~~ ~°~ tliQ 1~1 ~ e1~1, :~~'i. ~.. . _?.~ ,~~ .~ ~,~^ ^'rr^ -s Mayor Tammy de Weerd Meridiaa City Council 33 E Broadway Meridiaa,ID 83642 Dear Ms. Mayor and Meridian City Council: We are writing to express our concern about the recent request for a liquor license at the Sunrise Cafd located at 805 N Main St. Title 23 of the Idaho Statute states that "No license shall be issued for any premises.... within 300 feet of any public school, church, or any other place of worship, ... except with the approval of the governing body of the municipality". Sunrise Cafd is well within the 300 feet of our church building at 831 N Main St, and as the statute states would not be granted a license unless the city council explicitly approves it. Idaho statute recognizes the polar extremes between churches and schools and places where liquor can be served. Churches and schools exist to educate and make better citizens by developing better lifestyle choices. We also regularly work with those who are coming out of substancx abuse lifestyles. It would seem from the statute that it would be the exception to the rule for a governing body to approve a license in violation of that 300 feet barrier. We are a thriving church full of families, young adults and children and intend on making a positive imprint on our city and downtown. We do not see how having a liquor license virtually right next door could have arty positive effects on our city, congregation, young people or our children. We do not want this letter to be viewed adversarial as we highly value Sunrise Caf6 as a family restaurant and enjoy working together and sharing adjoining property. We recognize thax this relationship will continue to grow and look forward to a mutually beneficial one. We urtend this letter to be a gracious appeal to our governing authorities and look forward to your wise judgment and your protection, as we continue to work together in the future. Sincerely, C Mark Bryan Chairman Board of Elders of Church of the Harvest 120 & Colefload,Boise,Idaho x'109 Phony (Z08)34b-0981 Fax:(208)343-4220 ~.cohanestotg MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT Parks and Recreation Department ITEM NO. 8A REQUEST Public Hearing: Meridian Parks and Recreation Department Fee Schedule AGENCY CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPARTMENT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Tarr inmais: Materials presented at public meetings shall become property of the City of Meridian. 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 7:00 p.m. on Tuesday, Apri16, 2010, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regazding the 2010 Meridian Pazks and Recreation Department Fee Schedule, including proposed new fees as set forth below. Further information regazding these fees, as well as the entire Parks & Recreation fee schedule, is available at the Pazks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, (208) 888-3579. Any and all interested persons shall be heazd 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 heazing. 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. Bo us Basin Mountain Discove Cam $140.00 Bab sittin Boot Cam $40.00 Teen Bell Dance Cam $50.00 Adult Watercolor $49.00 Adult Golf $50.00 Amazin Athletes $50.00 Art Academ Saturda Class $45.00 Awash in Watercolor $149.00 Be innin Jewel Makin -Youth $47.00 Be innin Modelin $65.00 Bell dancin $26.00 Ca turin the Li ht in Floral Still Life $65.00 Complying with Contractor Registration law $15.00 Com osition in Landsca a $75.00 Crochet Basics $20.00 Drawin Floral Arran ements $65.00 Drawin for Comic Books $45.00 Drawin for Painters $75.00 D namics Of Li ht Filled Landsca a Paintin $99.00 Em ath Practice Grou $10.00 Estate Plannin -Considerations for Minor Children $15.00 Estate Plannin -Do ou need a trust? $15.00 Ex lorin Art for Youth $120.00 Fall Recove $60.00 Fit & Fall Proof $0.00 Health Pre nanc Class $20.00 Inter retin aPhoto--Paintin Worksho $75.00 Jewel Class-Earrin s $15.00 Jewel Class-Rin s $15.00 Jewle Class-Pendants $15.00 Kettlebell Boot Cam $59.00 Kids Gun Safe $23.00 Kids Safet and Awareness $23.00 Learnin to Paint What You See $99.00 Le al issues to consider when o enin a small business $15.00 Let's Play Music $60.00 Line Dancin $36.00 Marria a Education for Sin les $45.00 Musical Theatre for Kids $35.00 Parentin From Your Heart $25.00 Photo rah $40.00 Scul turin and Mold Makin $300.00 Success in Chess $75.00 Tai Chi for Seniors $45.00 Women's Ka ak Clinic $45-75.00 Women's Self Defense Class $23.00 Yo a $40.00 Yo a/Pilates for Seniors $45.00 Youn Rembrandts Art Classes $44.00 Zumba $25.00 Zumba Gold for Seniors $45.00 Men's Fast Pitch Toumament-Team Fee $250.00 Co-Ed Softball Toumament-Team Fee $225.00 DATED this 17th day of March, 2010. JAYCEE I~CfiLMAN. CITY CLERK PUBLISFI on March 22, 2010 and March 29, 2010. •C1~~ ~Ri~i~~ ~T ~ FO ~~i'~~ s ' o"~ CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE April 6, 2010 ITEM # PROJECT NUMBER 8A PROJECT NAME Meridian Parks and Recreation Department Fee Schedule PLEASE PRINT NAME . ~ ~~ ~ ~~~~ FOR I AGAINST I NEUTRALI CITY CLERKS MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. 8B REQUEST Resolution No. `l~ ~ ~ oZ0 :Adopting Meridian Parks and Recreation Department Fee Schedule AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DEPARTMENT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. 1 C~ '~ oZ~ 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 63-1311A, on Apri16, 2010, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Pazks 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 Pazks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the Meridian Pazks and Recreation Department is hereby authorized to implement and cazry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this 6th day of April, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this 6th day of April, 2x10. APPROVED: ~~ Tammy d~eerd, Mayor ```~~I~IIIIIIIIIIIII~ ATTEST: ~~``v~~~ odor®~q'L ~~~~~-. ~~ o EAY, ~ _ Jaycee o an, Ity Clerk ~,, ~~ :~,~i'-909 l~T 1ST . P~.````~. O ,, ~ ~ov~ ~o ,. ADOPTION OF FEE SCHEDULE OF MER{~Y9-~il~~~lc>uCREATION DEPARTMENT PAGE 1 OF 1 ExxisiT 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 Voile ball Com etative Men's, Women's, Co-Ed) Team Fee 10 ames +toumament $180.00 Resident Pla er Fee $10.00 Non-Resident Pla er Fee $20.00 Late Fee $30.00 Basketball Men's, Women's, Men's Over 40 Team Fee 10 ames +toumament $475.00 Resident Pla er Fee $10.00 Non-Resident Pla er Fee $20.00 Late Fee $50.00 S rin Softball Men's, Women's, Co-Ed Team Fee 10 ames +toumament) $450.00 Resident Pla er Fee $10.00 Non-Resident Pla er Fee $20.00 Late Fee $50.00 Fall Softball Men's, Women's, Co-Ed Team Fee 8 ames $220.00 Resident Pla er Fee $10.00 Non-Resident Pla er Fee $20.00 ASA Fee if team is not alread re istered $12.00 Late Fee $50.00 Softball Tournaments Co-Ed Softball Tournament Team Fee One- itch Fall Classic $185.00 Girls Fast itch Ent Fee $350.00 Field Rental for tournament ( er hour $5.00 Field Pre for tournaments er hour $15.00 Co-Ed Softball Tournament Team Fee N/A $225.00 New Girl's S rin Fast itch Softball (U10, U12, U14, U16, U18) Team Fee ASA Fee not included $420.00 Late Fee er team $50.00 Girl's Fall Fast itch Softball U10, U12, U14, U16, U18) Team Fee 8 ames $220.00 MPR Fee Schedule 4/6/10 Activity Current Fee Proposed Fee % Change Resident Pla er Fee $10.00 Non-Resident Pla er Fee $20.00 Late Fee er team $30.00 Men's Fast itch Softball Men`s Fast Pitch Tournament-Team Fee N/A $250.00 Never Dod eball Co-Ed, 0 en Team Fee 8 ames +toumament $150.00 Resident Pla er Fee $10.00 Non-Resident Pla er Fee $20.00 Late Fee er team $30.00 Fla Football Men's, Women's Co-Ed) Team Fee 10 ames +toumament $375.00 Resident Pla er Fee $10.00 Non-Resident Pla er Fee $20.00 Late Fee er team $50.00 MPR Fee Schedule 4/6/10 Activity Current Fee Proposed Fee ~/, Change Shelter Fees: Extra Picnic Tables $3.00 Alcohol Permit 5 hr. time block $20.00 Amus. E ui ./Lr Cano ies 5 hr time block er item $10.00 Am lifted Sound Permit er da $20.00 Short Term Concessions Permit ( er da $10.00 Short Term Concessions Permit annual $100.00 Store Park Blue 8~ Green Shelter Shelter Rental 1-50 eo le $30.00 Shelter Rental 51-100 eo le $45.00 Shelter Rental 101-150 eo le $60.00 Shelter Rental 151-200 eo le $75.00 Softball Field Rental er hour $10.00 Softball Field Li hts er hour $15.00 Volle ball E ui ment 5 hr time block blue shelter onl $10.00 Tull Park Small Shelter Rental 1-50 eo le $30.00 Lar a Shelter Rental 1-150 eo le $60.00 Lar a Shelter Rental 151-200 eo le $75.00 Lar a Shelter Rental 201-250 eo le $90.00 Lar a Shelter Rental 251-300 eo le $105.00 Softball Field Rental er hour $10.00 Volle ball E ui ment 5 hr time block lar a shelter onl $10.00 Multi-Use Fiend Rental er hour $10.00 Chateau Park Shelter Rental 1-30 eo le $30.00 Multi-Use Field Rental er hour $10.00 Settlers Park Shelter Rental 1-50 eo le $30.00 Shelter Rental 51-100 eo le $45.00 Shelter Rental 101-150 eo le $60.00 Shelter Rental 151-200 eo le $75.00 Multi-Use Field Rental er hour $10.00 Baseball/Softball Field Rental er hour $10.00 Heroes Park Shelter Rental 1-50 peo le $30.00 Shelter Rental 51-100 eo le $45.00 Shelter Rental 101-150 eo le $60.00 Shelter Rental 151-200 eo le $75.00 Shelter Rental 201-250 eo le $90.00 Shelter Rental 251-300 eo le $105.00 Multi-Use Field Rental $10.00 MPR Fee Schedule 4/6/10 Activity Current Fee Proposed Fee % Change Seasons Park Shelter Rental 1-30 eo le $30.00 Multi-Use Field Rental er hour $10.00 Gordon Harris Park Shelter Rental 1-50 eo le $30.00 Shelter Rental 51-100 eo le $45.00 Multi-Use Field Rental er hour $10.00 Bear Creek Park Shelter Rental 1-50 eo le $30.00 Shelter Rental 51-100 eo lee $45.00 Softball Field Rental er hour $10.00 Multi-Use Field Rental per hour $10.00 Cham ion Park Shelter Rental 1-30 eo le $30.00 Multi-Use Field Rental er hour $10.00 Renaissance Park Shelter Rental 1-30 eo le $30.00 Multi-Use Field Rental er hour $10.00 Jabil Park Multi-Use Field Rental er hour $10.00 Hertia a Middle School Ball Fields Softball Field Rental er hour $10.00 S ecial Events Meridian Barn Sour 1 Mile Fun Run $10.00 6k/10k Run $20.00 1 Mile Fun Run Late Re istration $15.00 6k/10k Run Late Re istration $25.00 Boise Hawks Famil Night $10.00 Meridian Christmas Street Faire Vendor Fee 10'x10' or smaller $25.00 Vendor Fee lar er than 10'x10' $50.00 MPR Fee Schedule 4/6/10 Activity Current Fee Proposed Fee % Change Cam s Cam MerldaMoo 1 wk 7:30-5:30 $94.00 Cam MerldaMoo_ 1 wk7:30-5:30 :Earl. Re $84.00 Remove Cam MerldaMoo 1 wk 9:00-3:00 $74.00 Cam MerldaMoo 1 wk 9:00-3:00 Earle Re $64.00 . Remove S orts Cams $39.00 Outdoor Adventure Cam $160.00 Sk hawks S' orts Cam FuIL Da° gam-3 m) $118.00 Remove Sk hawks S" orts Cam 'Half Da gam-12`m $98.00 Remove Winter Adventure Cam $96.00 Christmas Art Cam $45.00 Whitewater Sam ler Cam $395.00 Ka ak Skills Develo ment Cam $495.00 Jum Ro a Cam $39.00 Cam MerldaMoo Winter Edition 7.30-5:30 N/A $65.00 New Cam ' MerldaMoo Winter Edition 9:00-3:00 N/A $55.00 New Cam `'MerldaMoo S rin 'Break 7:30-5:30 NIA $84.00 ' 'New Cam MerldaMoo S rin ..Break 9:00-3:00 N/A $64.00 - New Bo us Basin Mountain Discove Cam $434.00 $140.00 4% Bab sittin Boot Cam N/A $40.00 New Teen Bell Dance Cam N/A - $50.00 New Activity Guide Classes Adult Golf $48.00 '$50.00 4% Adult Watercolor - $39.00 $49.00 26% Amazin Athletes N/A $50.00 New Art Academ 'Saturda Class N/A $45.00 New Awash in Watercolor N/A $149.00 `New Ballroom Dance Classes , $35.00 $25.00 -29% Be innin Jewle Makin -Youth' N/A $47.00 New Be innin Modelin N/A $65.00 New Be innin Piano $100.00 Bell dancin $24.00 $26.00. 8% Ca turin 'the Li htin Floral Still Life N/A $65.00 New Com' I in with Contractor R' istration-law N/A $15.00 New Com asition~ in Landsca a N/A $75.00 New Creative Beadin "& Jewel Makin $20.00 $56.00 180% MPR Fee Schedule 4/6/10 Activity Current Fee Proposed Fee % Change Crochet Basics. N/A $20.00 New Drawin ` Floral Arran ements N/A $65.00 _ New Drawin far Comic Books N/A $45.00 New Drawin for'Painters N/A $75.00 New D namics Of Li ht FIIIed,Landsca a Paintin N/A $99.00 New Em 'ath Practice Grou _ N/A $10.00 New Estate Plannin =Considerations for Minor Children N/A $15.00 New Estate Plannin. -Do ou need a trust? N/A $15.00 New Ex login Art for Youth `N/A $120.00 New Fall Remove N/A ` $60:00 New Famil Raftin Tri $40.00 Famil S apish $35.00 Fit 8 Fall Proof $5.00 $10.00 100% Fit & Fall Proof $10:00 $0.00 -100% Health Pre sane Class N/A $20:00 New Hike With a Ran er $8.00 Inte`: retin aPhoto-Paintin Worksho N/A $75:00 new It's About Gou les $40.00 $29.00 -28% Ja anese Classes $45.00 Jewel Class-Farris s N/A $15.00 "New Jewel Class-Rip s N/A $15.00 New Jewee Class-Pendants N/A $1.5.00 New Karate Classes $59.00 Remove Kettlebell Boot Cam' N/A $59.00 New Kids Gun Safe N/A $23.00 New Kids Safe and :Awareness N/A ' $23:00 New Leam to Nordic Ski $28.00-$36.00 Leamin to Paint What You See N/A > $99.00 New Le al issues to consider when o enin a small business N/A $15.00 New Let's Pla Music N/A $60.00 New Lifetime Love $150:00 Remove Line Dancin N/A $36.00 'New Mama a Education for Sin les $20.00 $45.00 . 125% Microsoft Excel Class $20.00 Remove Mope Man ement $10.00 Multi-Media Art Class $34.00 Musical Theatre for Kids N/A $35.00 New Pa er Makin $5.00 Parentis From Your Heart N/A $25.00 New Pencil Drawin $30.00 Photo ra'h $45.00 $40.00 =11% Preschool Fun $39.00 Preschool Fun Plus $46.00 Red Worm Com ostin $10.00 Sera bookin Classes $5.00-$20.00 Scul"tuns and Moid Makin $200.00 $300.00 50% Snowshoe with a Ran er $15.00-$20.00 Success in Chess NIA $75.00 New Tai Chi for Seniors N/A $45.00 New MPR Fee Schedule 4/6/10 Activity Current Fee Proposed Fee % Change Wornen's Ka` ak Clinic N/A $45-75.00 New Women's .Self Defense Class N/A $23.00 New Yo a N/A $40.00 New Yo a/Pilates:for Seniors N/A $45.00 New Youn Rembrandts Art Classes $38.00 $44.00 16% Youth and Adult Horseshoes $8.00 Zumba N/A $25.00 New 'Zumba Cold for Seniors N/A $45.00 new MPR Fee Schedule 4/6/10 MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT Kuna Victory LLC ITEM NO. 8C REQUEST Continued Public Hearing from March 2, 2010: TE 10-002 Emerson Park Located at 2910 8~ 3030 S. Meridian Road. Request for an 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Platt AGENCY CITY CLERK: CITY ENGINEER: COMMENTS CITY PLANNING DEPARTMENT: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT Mason and Stanfield ITEM NO. 9A REQUEST Ordinance No. ~l~ - ~4~,~: AZ 09-005 JJA Land, Located at the NW Corner of N. Linder Rd and W. Ustick Rd.: Request for Annexation and Zoning of 5.89 Acres from RUT (Ada County) to C-C (Community Business) Zoning District AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DEPARTMENT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Aftached Contacted: Date: Phone: Emailed: Staff Irntials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .CD B BODE IDAHO 04A)1110 O~QB PM nn nn DEPUTY VIc~AUen ~II I~II~~I,II'~~Il~~~~~~~fl~~~~~~ ~~~~ RELOADED-RE4UES1' OF i 1AId31369 Ciip of McNdlen CITY OF MERIDIAN ORDINANCE NO. ~ O -' 1 ~I yrJ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, 7.AREMBA AN ORDINANCE (AZ 09-005 JJA SUBDIVISION) FOR ANNEXATION OF A PARCEL OF LAND BEING A PORTION OF THE SE '/a SE '/a OF SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT KA" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIlVIITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERNIINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO C-C (COMMUNITY BUSINESS DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX CONIlVIISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMAI~Y OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Descriptions herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: JJA, LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to C-C (Community Business District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said pmpetty. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION ORDINANCE -JJA (AZ 09-005) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts ther~f in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a drai~sman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/Z) plus one (1) of the • • Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. ~~ A PASSED BY THEE CITY COUNCII. OF THE C1TY OF MERIDIAN, IDAHO, this ~~ ~ day of 2010. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~_ day of , 2010. MAYO AMMY de WEERD ATTEST: JAYC~ L. HOLMAN, CITY ```` ~ ~ ~ „ u u i ~ n n ~ , ~ i, ~ ~. T~ .~ ~ ~~AL 9Gy,~ ~ .9 ,~ O ~T ~g~' Q~~`~ :, ~''~~~rl~nn m~r~~`~• ANNEXATION ORDINANCE - JJA (AZ 09-OOS~ Page 2 of 3 • STATE OF IDAHO, J ss: County of Ada ) On this ~ day of 2010, before me, the undersigned, a Notary Public in and for said State, personally a ed TANIlVIY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and axed my official seal the • day and year first above written. (SEAL) NOTARY PUBLIC IDAHO RESIDING AT: ~+~~a: MY COMMISSION EXPIRES: ANNEXATION ORDINANCE - JJA (AZ 09-OOS~ Page 3 of 3 i~ C. Ltgat Dt~rlption 8t Exbtbit Map ~-~ a~5C317 ~, ~ ~~. ~ Swvayois and Piervarrs ~c`~ l'~ 1 ~aC~, l~ ~ r~ s S ~ ~ 4~~+~aeiva e-asaA: ~ ne FOR: RDdC JOS NO» MYI708 DAZE: July I0, 2009 ANiV)~RA71<ON Dl~Ril'710N A parcel of hmd beh>$ a Portion ~'fha SBll4 SS1/4 of 8eotien 35. Tawnahip 4 Noah„ Range 1 Weak Boise hieridhm, Ada Couotp xdaho, moss Ply dtstxihed as foltoaas: ffiOII~INII1tG et ttu soathpat comer ofsald SBU4 3E1/4; 7Zaaace N ti9' 14' 48' W s dialanca of 390.01 fact atopgthe south bouadasy ofaa3d SBl/4 SEI/4 to e poh* 71~aoaa N 00° 1S 04" E a diamaoe of657S8 fact p~ wltl-the eaal boundary of a~ 9EU1 SBU4 to a pomp 'i?teooe S 84° 1T 3ti" E8 distenoeat390.01 foetto apodnton tho eastbotmtlery ofaeid ~thl SE114; T6anrQ S 00° 15' 04" W a distamx of657.90 fact along said east 6oaadery W tho Pt11NT OF LTG; 7Ms pstsd coataiaa 5.889 amr~ mass orless. 9'r ~ 28.E ~~c wonKs l.M-5ont sSlrMerl,pp~G r-aer.tr Fsxhibit C -1- • ~.'., .~•, . F~ ~ `~ • AUG Z 5 ~9 Q--- - _ _._ sa9-rrse _~ . _ _ ___. -390.01' ~.. _ _ ' ._.. _ _ i i ~ I ' I - I ~ t I , i ~ I ~ I i f ,, a~ ~ HI ~ N +°~ ANNEXA71pJV ~ ~ t„ 1~ m d~f~D arena I 1 I ~ ~~ r~ ~`~ I I I ~~o 1 I ' ~ POnvr an _„ USACIf ROAD ~---~_- N84'14'~B'YY - BFQiNN1N~ +W0YlX~110r11 Mid' THE fi'1t1'0R 1 SSQ~ ~lYtiflwi~Of~ ~~ A~1W~ 1"a ~AOirytiA Bxhibit C - 2 - MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. 9B REQUEST Amended Ordinance No. 766 A. An Amended Ordinance Granting Annexation and Zoning for Land Known as Tremont Place Subdivision Commonly Located in the SW 1 /4 of Section 12, Township 3 N, Range 1 W of the Boise Meridian, Ada County, Idaho AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DEPARTMENT: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUI4T1' AECORDQI J. DAVID NAVARRO ABfOUNT .QO F B0~! IDAHO 04/07/10 03:08 PBf REECOR~DEQ c R~UEST OF ~~ ~ I I II I II II I II I II I I II II I II I II I I II IlI Cilp of Merldlan i 10631363 CITY OF MERIDIAN AMENDED ORDINANCE NO. 766 A BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN AMENDED ORDINANCE #766 FOR PROPERTY LOCATED AS SOUTH OF PINE STREET AND WEST OF 8~ STREET MORE SPECIFICALLY DESCRIBE AS A PORTION OF PROPERTY LOCATED IN THE SW '/a OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIlVIITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERNIINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (LOW DENSITY RESIDENTIAL) IN THE MERIDIAN CITY CODE; PROVIDING TFIAT COPIES OF THIS AMENDED ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMNIISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE AMENDED ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property. SECTION 2. That the above-described real property isherebyannexedand re-zoned from RiTT (Ada County) to R-4 (Low Density Residential) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this amended ordinance. AMENDED ORDINANCE NO. A 766 -Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This amended ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this amended ordinance and a map prepared in a draftsman manner, including the leads herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this amended ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this amended ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCII. OF THE CITY OF MERIDIAN, IDAHO, tL3s day of , 2010. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN IDAHO this day of , 2010. /,,~ MAYOR de WEERD ATTEST: ```,`~~--~~ a iw~~~~~~' r~ JAY L. HOLMAN, CITY?CL ~~~ ~ ~S' - ~, ~ AMENDED ORDINANCE NO. A 766 - Pale 2 0~~ • STATE OF IDAHO, ) ss. County of Ada ) On this ~ day of ~' , 2010, before me, the undersigned, a • • Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed day and year first above written. -- Cr~ ~ i (SEAL} NOTARY PUBLIC RESIDING AT: MY COMMISSION official seal the O AMENDED ORDINANCE NO. A 766 -Page 3 of 3 • FIEVI ~ ~PROVAL :~ MAR 2 5 2010 MERIDIAN PUBLIC WORKS DEPT. ,t~, ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO TREMONT PLACE SUBDIVISION PARCEL A parcel located in the SW '/. of Section !2, Township 3 North, Range 1 West, Boise Meridian, and being alt of Lots 13, 14 and 15 of Block 1 and part of Lots 1 and 2 of Block 2 of TREMONT PLACE SUBDIVISION as shown in Book 81 of Plats at Page 8849 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the northwesterly comer of said SW from which a brass cap monument marking the northeasterly corner of said SW '/. bears N 89°57'30" E a distance of 2652.91 feet; Thence N 89°37'30" E along the northerly boundary of said SW ~. a distance of 1998.59 feet to a paint marking the extension of the westerly boundary of said TREMONT PLACE SUBDIVISION; • Thence leaving said northerly boundary S 0°00'28" W along said extended westerly boundary a distance of 155.00 feet to the northwesterly corner of said Lot l5 and the POINT OF BEGINNING; Thence continuing S 0°x'28" W along the westerly boundary of said TREMONT PLACE SUBDIVISION a distance of 305.07 feet to a point on the westerly boundary of said Lot 1; Thence leaving said westerly boundary N 89°57'30" E a distance of 130.00 feet to a point on the easterly boundary of said Lot 2; Thence N 0°00'28" E along the boundaries of said Lots 2, 13 and 15 a distance of 305A7 feet to the northeasterly comer of said Lot ! 5; Thence S 89°57'30" W along the northerly boundary of said Lot 15 a distance of 130.00 feet to the POINT OF BEGINNING. This parcel contains 0.91 acres. This description was prepared from r~ord information. No field survey was performed. Civil Survey Consultants, Incorporated is not respoasible for any discrepancies a field survey might disclose. • Pc~epar«I by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated March 24, 2010 ~~ F/ I' w~ ~~~ •..~, .•: r y..~~N ~~~i~ • • SK£CTH A~iIP 1t~ ACCOMPANY ANNEXA7]'ON LJESCRlPT/0N FOR THE C/lY OF MER/IAN LOCAT~'D /N THE SW 1/4 OF SECAON 12, TOWNSH/P .~ MORTH, RANGE 1 WEST, 80/SE MER/O/M; AAA G'OUN1Y, /QAHO. 1/4 Pl-R/E AVDVI/E N B9'S7'.TO' E 2s52.9f' f99B.59 6Ja1.32' tyESr cAwN suBOnas~oN BOOK 2 OF PLATS, PACE 94 I~ ~1 - - w - -- I - 10 LOT 2 ~~ _~ I; ~~ s~ ;~ N ~3; !4M/D A • ~,-. ~, REVI ~~ROVAL r, MAR Z 5 ZO1R MERIDIAN PUB1.1C WORKS DEPT. l5 BLOCK 1 1/ ~~ 4,1 s f4 f3 ~ ~~ 12 ~a b a~ Z ~m ~~ ~ 2 N ~'S7$D E 1 'J~ ecocK ~ 2 J 4 C SCALE 1 X30' MERIDIAN CITY COUNCIL MEETING April 6, 2010 APPLICANT ITEM NO. ~ ~ REQUEST Executive Session per Idaho State Code 67-2345 (1) - (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency and (f) To Consider and Advise Its Legal Representatives in Pending Litigation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DEPARTMENT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US W EST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.