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2010-09-07
E IDIAN~--- I D ;A i-t 0 CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, September 7, 2010 at 5:30 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda Adopted 3. Executive Session per Idaho State Code 67-2345 (1)(c)(d)(f)Q) - (c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency, (d) To Consider Records That are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code, (f) To Consider and Advise its Legal Representatives in Pending Litigation, and Q) To Engage in Communications With a Representative of the Public Agency's Risk Manager or Insurance Provider to Discuss the Adjustment of a Pending Claim or Prevention of a Claim Imminently Likely to be Filed. Into Executive Session at 5:32 p.m. Out of Executive Session at 7:10 p.m. Adjourned at 7:10 p.m. Meridian City Council Pre-Council Meeting Agenda -September 07, 2010 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. (~Q~E IDIZ IAN'~- ~J CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING SPECIAL MEETING AGENDA 5 ~ ~ ~ Tuesday, September 7, 2010 at 5:30 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-call Attendance: David Zaremba X Brad Hoaglun _~ Charlie Rountree ~ Keith Bird ~(_ Mayor Tammy de Weerd 2. Adoption of the Agenda ~ ©aglv,n 1 ~ av~erribo.. ~- ~ ~~ ~,~ E S 3. Executive Session per Idaho State Code 67-2345 (1)(c)(d)(f)(j) -)(c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency, (d) To Consider Records That are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code, (f) To Consider and Advise its Legal Representatives in Pending Litigation, and (j) To Engage in Communications With a Representative of the Public Agency's Risk Manager or Insurance Provider to Discuss the Adjustment of a Pending Claim or Prevention of a Claim Imminently Likely to be Filed. ~'~~ Ex~C ~ 5'3~ d v~- off` ~ ~ c ~ `7 ', 1.~! ~1B 0-rlne~rS ~resPX~ ~ i~nv~c~ Cc~r~h,v~q ~ ~C~b~.r-~- S~M~Sorl, ~~11 1~~ , ~°'~ Meridian City Council Pre-Council Meeting Agenda -September 07, 2010 Page 1 of 1 ~~r V~1 All materials presented at public meetings shall become property of the Ciry 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 Tuesday, September 07, 2010 at 7:00 PM Called to Order at 7:10 p.m. 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance by Hyrum Schenk, Troop #115, Silverleaf LDS Ward 3. Community Invocation by Brother Kent Henderson (HP Group Leader) from the LDS Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of August 17, 2010 City Council Special Meeting B. Approve Minutes of August 24, 2010 City Council Regular Meeting C. Addendum #1 to the Task Order with J-U-B Engineers, Inc. Master Agreement Category of Water Supply and Distribution Replacement Design (1 B) Dated April 13, 2010 for the Water Line Replacement-Carlton/State Avenues Project for aNot-To- Exceed Amount of $28,884.00 D. Independent Contractor Services Agreement with Varsity Contractors Inc. for Janitorial Services Through September 30, 2011 for aNot-to-Exceed Amount of $108,579.72 E. Art Purchasing Agreement with Sandy Marostica for Purchase of "Looking East" for Art in Public Spaces for aNot-to-Exceed Amount of $1,500.00 Meridian City Council Meeting Agenda -Tuesday, September 07, 2010 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Art Purchasing Agreement with William Gardoski for Purchase of "The Meridian Creamery" for Art in Public Spaces for aNot- to-Exceed Amount of $1,500.00 G. Professional Services Agreement with Missoula Children's Theatre for production of "Snow White" in March 2011 for an amount not to exceed $2,650.00 H. Order of Conditional Approval of Final Plat: FP 10-006 for Larkspur Subdivision No. 3 by JLJ Enterprises Located at 240 E. Edmond's Court Request: Final Plat Approval for 22 Building Lots and 1 Common Lot on Approximately 3.79 Acres in an R-8 Zoning District I. Order Granting a Second Eighteen Month Time Extension: TE 10-017 Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located at North of W. Chinden Boulevard, West of N. Spurwing Way Request for an 18 Month Time Extension to Obtain the City Engineer's Signature on the Final Plat J. Findings of Fact, Conclusions of Law for Approval: AZ 08-005 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Annexation and Zoning of 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L-O (Limited Office) (3.22 acres) and C-C (Community Business) (30.72) and C-G (General Retail and Service Commercial) (33.47 acres) Zoning Districts K. Resolution No. 10-737: A Resolution of the Mayor and City Council of the City of Meridian to Amend the Text of the City of Meridian Comprehensive Plan, Chapter 7, Page 103 to Revise the Name and Uses of the Mixed Use Waste Water Treatment Plant Designation to Mixed Use Non-Residential as Recommended by the City of Meridian Planning Department L. Resolution No. 10-738: A Resolution of the Mayor and the City Council of the City of Meridian Approving the Initial By-Laws of the Meridian Historic Preservation Commission Meridian City Council Meeting Agenda -Tuesday, September 07, 2010 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Community Items/Presentations A. Settlers Park Tennis Facility Update and Review of the Revised Conceptual Site Plan by Matt Adams with The Land Group and Jo Ann Kurz 7. Items Moved From Consent Agenda 8. Action Items A. Public Hearing: AZ 10-001 by Ada County Located at Southwest Corner of N. Linder Road and W. Ustick Road: Request for Annexation and Zoning of 2.58 Acres from R1 (Ada County) to C-C (Community Business) Zoning District for Ada County Paramedics Linder Station Approved with waiver for the requirement in the Unified Development Code fora 25- foot wide landscape buffer width along the western property boundary; and waiver of the requirement for installation of a pressurized irrigation system B. Public Hearing: ZOA 10-001 by City of Meridian Planning Department Request to Amend and Add to the Current Provisions of the Unified Development Code (Title 11 of Meridian City Code) Related to the Portable Classroom Standards Outlined in UDC 11-4-3-14 Education Institution Continued to September 28, 2010 C. Public Hearing: CPAT 10-002 by the City of Meridian Planning Department: Request to Amend the Text of the Meridian Design Manual to Edit Clerical Errors, Remove Repetitious Text, Address the Treatment of Residential Building Facades Adjacent to Roadways AND Clarify the Use of Vinyl Siding as an Appropriate Building Material Approved: Staff will bring resolution back to City Council to incorporate changes into the Text of the Meridian Design Manual D. Public Hearing: TE 10-018 Southridge Subdivision No. 1 by Linder 109, LLC et al. Located on the Southwest Corner of West Overland Road and South Linder Road: Request for an 18-Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat Approved 9. Department Reports Meridian City Council Meeting Agenda -Tuesday, September 07, 2010 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Mayor's Office: Resolution No. 10-739: A Resolution of the Mayor and the City Council of the City of Meridian Reappointing Eric L. Jensen to Seat 7 and James L. Escobar to Seat 1 of the Meridian Development Corporation; and Providing an Effective Date Approved B. Mayor's Office: Resolution No. 10-740: A Resolution of the Mayor and the City Council of the City of Meridian Establishing Appointments for Members of the Meridian Impact Fee Advisory Committee Approved C. Public Works: Well #27 Project Close Out 10. Ordinances A. Ordinance No. 10-1455: An Ordinance of the City of Meridian, Idaho Amending Ordinance No. 09-1427, the Appropriation Ordinance for the Fiscal Year Beginning October 1, 2009 and Ending September 30, 2010, Appropriating Monies That Are to be Received by the City of Meridian, Idaho in the Sum of $817,377.00 and Allocating Expenditures and Providing an Effective Date Approved B. Ordinance No. 10-1456: An Ordinance, Pursuant to Idaho Code §50-1002 AND §50-1003, Providing for a Title and Findings, Providing for the Adoption of a Budget and the Appropriation of $68,263,267.00 to Defray the Necessary Expenses and Liabilities of the City of Meridian, in Accordance with the Object and Purposes and in the Certain Amounts Herein Specified for the Fiscal Year Beginning October 1, 2010 and Ending September 30, 2011; to Levy All Such Appropriate Taxes and Levies as Authorized by Law Upon Taxable Property; and to Collect All Authorized Revenue; to Provide for the Waiving of the 2nd and 3rd Readings Pursuant to Idaho Code §50-902; and Providing for an Effective Date Approved Adjourned at 8:38 p.m. Meridian City Council Meeting Agenda -Tuesday, September 07, 2010 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Y (~~E IDIZ IAN-- ~J CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 07, 2010 at 7:00 PM '1" 1 1. Roll-Call Attendance David Zaremba X Brad Hoaglun X Charlie Rountree -~ Keith Bird ~_ Mayor Tammy de Weerd 2. Pledge of Allegiance by Hyrum Schenk, Troop #115, Silverleaf LDS Ward ~reSer1-~~c\ 3. Community Invocation by Brother Kent Henderson (HP Group Leader) from the LDS Church 4. Adoption of the Agenda }-~oo.q~~~I Z~„~b~ _ ~~~ ~~~~S 5. Consent Agenda. }~-oo`cj 1vr~ Za,~r~ }~p~ r ~ ~p~~~~ A. Approve Minutes of August 17, 2010 City Council Special Meeting B. Approve Minutes of August 24, 2010 City Council Regular Meeting C. Addendum #1 to the Task Order with J-U-B Engineers, Inc. Master Agreement Category of Water Supply and Distribution Replacement Design (1 B) Dated April 13, 2010 for the Water Line Replacement-Carlton/State Avenues Project for aNot-To- Exceed Amount of $28,884.00 D. Independent Contractor Services Agreement with Varsity Contractors Inc. for Janitorial Services Through September 30, 2011 for aNot-to-Exceed Amount of $108,579.72 E. .Art Purchasing Agreement with Sandy Marostica for Purchase of "Looking East" for Art in Public Spaces for aNot-to-Exceed Amount of $1,500.00 Meridian City Council Meeting Agenda -Tuesday, September 07, 2010 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Art Purchasing Agreement with William Gardoski for Purchase of "The Meridian Creamery" for Art in Public Spaces for aNot- to-Exceed Amount of $1,500.00 G. Professional Services Agreement with Missoula Children's Theatre for production of "Snow White" in March 2011 for an amount not to exceed $2,650.00 H. Order of Conditional Approval of Final Plat: FP 10-006 for Larkspur Subdivision No. 3 by JLJ Enterprises Located at 240 E. Edmond's Court Request: Final Plat Approval for 22 Building Lots and 1 Common Lot on Approximately 3.79 Acres in an R-8 Zoning District Order Granting a Second Eighteen Month Time Extension: TE 10-017 Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located at North of W. Chinden Boulevard, West of N. Spurwing Way Request for an 18 Month Time Extension to Obtain the City Engineer's Signature on the Final Plat J. Findings of Fact, Conclusions of Law for Approval: AZ 08-005 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Annexation and Zoning of 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L-O (Limited Office) (3.22 acres) and C-C (Community Business) (30.72) and C-G (General Retail and Service Commercial) (33.47 acres) Zoning Districts K. Resolution No. Proposed # 10-737 A Resolution of the Mayor and City Council of the City of Meridian to Amend the Text of the City of Meridian Comprehensive Plan, Chapter 7, Page 103 to Revise the Name and Uses of the Mixed Use Waste Water Treatment Plant Designation to Mixed Use Non-Residential as Recommended by the City of Meridian Planning Department L. Resolution No. Proposed 10-738: A Resolution of the Mayor and the City Council of the City of Meridian Approving the Initial By-Laws of the Meridian Historic Preservation Commission Meridian City Council Meeting Agenda -Tuesday, September 07, 2010 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Community Items/Presentations A. Settlers Park Tennis Facility Update and Review of the Revised Conceptual Site Plan by Matt Adams with The Land Group and Jo Ann Kurz ~o Av,v~ ltivv-z ~ r--eta-I-k AdU~nn.S I.~~ nn 1~-(eld~urv~ 7. Items Moved From Consent Agenda 8. Action Items A. Public Hearing: AZ 10-001 by Ada County Located at Southwest Corner of N. Linder Road and W. Ustick Road: Request for Annexation and Zoning of 2.58 Acres from R1 (Ada County) to C-C (Community Business) Zoning District for Ada County Paramedics Linder Station - ~~,~ ~~Pe-"~ ~-P ° -~~` C~ ~~dse = Q.,rd, ~ 2c~vvt}-v~ee ~ ApProv2 ' l3~rd ~~overviba. _ A~YUiI B. Public Hearing: ZOA 10-001 by City of Meridian Planning Department Request to Amend and Add to the Current Provisions of the Unified Development Code (Title 11 of Meridian City Code) Related to the Portable Classroom Standards Outlined in UDC 11-4-3-14 Education Institution Rc~v~n+re..e,f 2cv~e r~n4x~ - ~ n~~~v~e.r~ +~ ~l - a~' ~cf~O C. Public Hearing: CPAT 10-002 by the City of Meridian Planning Department: Request to Amend the Text of the Meridian Design Manual to Edit Clerical Errors, Remove Repetitious ~~C~- Text, Address the Treatment of Residential Building Facades ~~ w Adjacent to Roadways AND Clarify the Use of Vinyl Siding as ~~So an Appropriate Building Material ~1oS~ ~ C~ov~kr2e ~ Za~~ernh~ A- Pp`N`re- `~ P~~our~~-~-ee ~Pj~~r~ D. Public Hearing: TE 10-018 Southridge Subdivision No. 1 by Linder 109, LLC et al. Located on the Southwest Corner of West Overland Road and South Linder Road: Request for an 18-Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat ~f ~.v~ ~ 1~~ w ~ '~E'_ L~.~nc` C-,~~ Ct©sQ.- ,y1.~. j zr~~ew.t~o. ~~lpp~,.re.•. t-~-csa.y~~~ C ZaY-e~„~,~c~ 9. Department Reports App~v-2, A. Mayor's Office: Resolution No. Proposed # 10-739: A Resolution of the Mayor and the City Council of the City of Meridian Reappointing Eric L. Jensen to Seat 7 and James L. Escobar to Seat 1 of the Meridian Development Corporation; and Providing an Effective Date 20.re m'br~. 12©.~ r~~-~C'2~ ~ ~Y~ V ~ Meridian City Council Meeting Agenda -Tuesday, September 07, 2010 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Mayor's Office: Resolution No. Proposed # 10-740: A Resolution of the Mayor and the City Council of the City of Meridian Establishing Appointments for Members of the Meridian Impact Fee Advisory Committee Zo~,,,~.~.~-~,~~a~r~ A~~;~~. C. Public Works: Well #2 roject Close Out 1<~1~ 1Zo~cle~-- 10. Ordinances A. Ordinance No. Proposed i~0-1455: An Ordinance of the City of Meridian, Idaho Amending Ordinance No. 09-1427, the Appropriation Ordinance for the Fiscal Year Beginning October 1, 2009 and Ending September 30, 2010, Appropriating Monies That Are to be Received by the City of Meridian, Idaho in the Sum of $817,377.00 and Allocating Expenditures and Providing an Effective Date B~r~ /~ 1~~q\~ v~, - ~A~r~v2 B. Ordinance No. Proposed # 0-1456• An Ordinance, Pursuant to Idaho Code §50-1002 AND §50-1003, Providing for a Title and Findings, Providing for the Adoption of a Budget and the Appropriation of $68,263,267.00 to Defray the Necessary Expenses and Liabilities of the City of Meridian, in Accordance with the Object and Purposes and in the Certain Amounts Herein Specified for the Fiscal Year Beginning October 1, 2010 and Ending September 30, 2011; to Levy All Such Appropriate Taxes and Levies as Authorized by Law Upon Taxable Property; and to Collect All Authorized Revenue; to Provide for the Waiving of the 2nd and 3rd Readings Pursuant to Idaho Code §50-902; and Providing for an Effective Date 0.q 1 v ir-~ ~' `~ ~ r ~~~OVYv1 U : ~~ 1 Q P'~ ~~'lne.v-s ~re~e~ ~ ,~ Jore.s, C3 tt~ ~~ , eve.. Sti lva~ Seo~-~- co(a~~ ct„~,.,~, ~~(~ Rac(e~ , A-nv~c. Cc~h ~` v2 S~c~c~o v~tv~c:, ~ ~ Wc~~~ ~$ r e..r,-~ ~ l Gc l~ e, J b~ n n l~ v -r z Meridian City Council Meeting Agenda -Tuesday, September 07, 2010 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Changes to the Agenda: jZECEIVE~ SEP 0 7 2010 Item 8.A -Ada County Paramedic Station (AZ-10-001) [C-I~TyY OF ~CE~~ Location: The site is located on the southwest corner of Ustick Road and Liri~cr ~~7~d~KS OFFICE Application: Annexation History: In 2005, the parcel proposed for annexation was part of the City's Comprehensive Map amendment for North Meridian (CPA-OS-004) which changed the land use designation on the subject property from Medium Density Residential to Mixed Use-Community. Summary of Request: The request is to annex and zone 2.58 acres of land from the R1 zoning district in Ada County to the C-C zoning district in the City. A concept plan has been submitted with the subject application and depicts a 3,400 square foot Ada County paramedic station and associated site improvements. Commission Recommendation: Approval at their August 5, 2010 public hearing. Summary of Commission Public Hearing: i. In favor: None ii. In opposition: None iii. Commenting: Doug Cooper and Darby Weston iv. Written testimony: None Key Issue(s) of Discussion by Commission: (None) Key Commission Change(s) to Staff Recommendation: (None) Outstanding Issue(s) for City Council: 1. The applicant is requesting a waiver from Council to reduce the 25-foot wide landscape buffer width along the western property boundary per the requirements of the UDC. 2. Installation of a pressurized irrigation system. Written Testimony since P/Z Meeting: None received. Notes: Item 8.B -Temporary Portable Classroom Text Amendment (ZOA-10-001) Application: Zoning Ordinance Text Amendment Summary of Request: The subject application proposes changes to the specific use standards in UDC 11-4- 3-14F for Education Institutions. Because the UDC does not adequately address the temporary or permanent status of portable classrooms, the amendment that outlines the process and standards for establishing the use of portable classrooms and the necessity for design review. Staff believes that the proposed changes better define the requirements for establishing the use of portable classrooms on either a temporary or permanent basis. Further, it clearly defines the timeframe for the removal of the structure and outlines the standards necessary for establishing the portable classrooms as a permanent use. Planning Staff has drafted the changes which included input from the Joint School District No. 2. Commission Recommendation: Approval at their August 5, 2010 public hearing. Summary of Commission Public Hearing: i. In favor: Eric Exline ii. In opposition: Keith and Marva Watson iii. Commenting: Keith and Marva Watson, Wayne Hanners and Eric Exline iv. Written testimony: Keith Watson, Whitney and Eric Wood Key Issue(s) of Discussion by Commission: 1.The portable classroom compatibility with surrounding residences and the school building. 2. The color and roofing material for portable classrooms. Key Commission Change(s) to Staff Recommendation: The Commission modified staff's recommendation and proposed standards 4e and 4f as follows: 4e. Exterior colors of the portable classrooms shall be compatible with the color of the primary school building; 4f. The roofing material on the portable classrooms shall be of a finish that emits a minimal amount of glare. Outstanding Issue(s) for City Council: None Written Testimony since P/Z Meeting: None Notes: Item 8.C -Residential Design Guidelines (CPAT-10-002) Application: Comprehensive Plan Text Amendment (Staff has attached a copy of the strike-out/underline format for Council to review during the presentation.) Summary of Request: The subject application proposes changes to the text of the Meridian Design Manual contained in Section E. Residential Design Guidelines. The purpose of the CPAT is to address: • remove redundant guidelines already expressed in the document, • clarify the use of vinyl siding as an appropriate building material and • add new language to address the treatment of residential facades in relation to adjacent roadways. The third and fourth bullet points encompass most of the text changes proposed with the subject application. Bullet #3 addresses the use of vinyl siding as an appropriate building material if it creates visual interest in the design by using a mix of material patterns, colors and accented corner posts. Staff has had continuing dialogue with the Vinyl Siding Institute to ensure guidelines proposed address the industry's concerns. Bullet #4 addresses the design context for residential structures with an emphasis on the perimeter of subdivisions where the rear and side facades are viewed from the adjoining roadways. The design manual will now further emphasize the architectural elements and detailing to use on all appropriate facades. This will include the following: • fenestration patterns, • awnings, balconies, entries, porches, • materials, decorative or ornamental detailing, • exposed trusses, roof brackets, window trim, arches and cornices to articulate facades. Commission Recommendation: Approval at their August 5, 2010 public hearing. Summary of Commission Public Hearing: i. In favor: Jim Smith ii. In opposition: None iii. Commenting: Jim Smith iv. Written testimony: Nick Capezza, Vinyl Siding Institute Key Issue(s) of Discussion by Commission: None Key Commission Change(s) to Staff Recommendation: The Commission amended sub-section 2.5 Materials as follows: • E-2.5.2.4.1 when large wall areas are proposed, architectural embellishments should be used to reduce monotony. • E-2.5.2.4.2 removed Vinyl siding is discouraged as an exterior material applied to cover large wall areas. Outstanding Issue(s) for City Council: None Written Testimony since P/Z Meeting: None Notes: Item 8.D - Southridge Subdivision (TE-10-005) Location: The site is generally located on the south side of Overland, between Linder & Ten Mile. Application: 18-month time extension History: • The preliminary plat for Southridge Subdivision was approved by the Meridian City Council on 2/6/07. • A final plat for Southridge was approved on 10/14/08 but has not yet received City Engineer signature. • An 18-month time extension ti118/6/lOwas approved by the Director on 2/23/09. Highlights of the Request: The applicant is requesting approval of a 2°d 18 month time extension to obtain the City Engineer's signature on the first final plat for Southridge Subdivision. The subject preliminary plat consists of 189 residential building lots, 11 commercial/other lots, 8 mega lots (to be developed in the future), and 31 common open space lots on 290.87 acres of land. The applicant has been unable to meet the UDC specified time requirements due to current economic conditions. Outstanding Issue(s) for City Council: None Written Testimony: Van Elg, Applicant's Representative, submitted a letter in agreement w/the staff report. Staff Recommendation: Approval Notes: ITEM 8C RECEIVEj~ SEP 0 7 1010 CITY OF C~fE I „A;v (Note: The proposed text changes are highlighted in a strike-out and unde~tf~e f~r~~~~v~FE E. Residential Design Guidelines 2.0 Architectural Character 2.1 Cohesive Design E-2.1.1 Notes: E-2.1.1.1. Residential building designs are encouraged to create their own identity and character as an appropriate contribution to the organized development of attractive neighborhoods. E-2.1.2 Objectives: E-2.1.2.1. To encourage visually aesthetic residential building designs that promote quality architectural character and establish built environments that are compatible with existing adjacent and planned uses. E-2.1.3 Guidelines: E-2.1.3.1. Building designs should appropriately address building scale, mass and form and the use of materials, architectural elements and details to ensure a compatible and aesthetic contribution to neighborhood development. ~' '~.TE-2.1.3.2. Design building facades that express architectural character and incorporate the use--e€ fundamental design principles, including but not limited to, composition, order, balance, rhythm repetition proportion and scale to create a unified building design. Design all appropriate sides of buildings including facades that face roadways and drive aisles public and common spaces other buildings and adjacent uses to create an attractive ap,.pearance and unifS%the building design with the consistent use of materials, elements, and color. ..... ........... .............. ..» _.,-~- ~-- ---- -rr--r------ --s----- E-2.1.3.43. Building designs should enhance public and common spaces, articulate aesthetic character, and provide human and pedestrian scale. E-2.1.3.43.1. Design buildings to enhance the attractiveness and appeal of developments, define street presence, public and common spaces, and contribute to neighborhood identity. E-2.1.3.43.2. Incorporate human and pedestrian scale as integral components of the building design to enhance the attractiveness and appeal of buildings and residential areas. E-2.1.3.4. Where appropriate, use building design and architecture to promote d~e~ts aesthetically pleasing mixed-use developments within neighborhoods. E-2.1.3.4.1. Building designs are encouraged to use vertically integrated mixed-use structures and/or horizontal mixed-use forms to create compact developments_ '' a°-''~~~~~- '°"'"'- "°""''+° ~' Residential Design Guidelines CPAT - i - E. Residential Design Guidelines 2.0 Architectural Character 2.4 Architectural Elements E-2.4. l .Objectives: E-2.4.1.1. To promote amactive residential units that enhances the quality of neighborhoods and developments by integrating architectural elements and details with building designs. E-2.4.2. Guidelines: E-2.4.2.1. Use architectural elements and detailing on all appropriate facades, including, but not limited to, fenestration patterns, awnings, balconies, entries, porches, materials, ate-decorative or ornamental detailing, exposed trusses roof brackets window trim, arches and cornices to articulate facades, add interest and contribute to an aesthetic building character. This guideline applies to building facades facing roadwa sy and perimeter of the subdivision where the rear and side facades are viewed from the adjoiningroadwa~s. E-2.4.2.1.1. Design and articulate architectural elements using proportions, divisions, detailing, materials, textures, and colors that appropriately integrate these elements with the building design. E-2.4.2.1.2. Provide architectural elements and detailing that emphasize human scale throughout the building design as appropriate. E-2.4.2.1.3. Use architectural elements to articulate the fenestration of facades to create balance and order that contribute to the quality and architectural character of the building. E-2.4.2.1.4. Create visually balanced facades. Symmetry is not necessary to achieve a balanced design; however, balance is achieved through the thoughtful placement and design (size, scale, proportion and detailing) of windows, doors, and other openings in the facade. E-2.4.2.2. Clearly define and articulate building entries and connect them to roadways and pedestrian walkways. Where appropriate, primary building entries should face roadways or adjacent public space. E-2.4.2.3. Residential buildings adjacent to roadways and public space should strategically locate key elements as focal points within the design to enhance architectural character. E-2.4.2.3.1. Focal elements should emphasize building corners, entries, adjacent public spaces, or other such features that enhance the building character or adjacent pedestrian environments. E-2.4.2.4. Where appropriate, windows should be placed on all elevations and detailed to provide articulation and avoid blank walls. The placement, size, proportions, and details of windows should contribute to the architectural character of the building. E-2.4.2.5. Multifamily stairwells should be integrated with the building design and provide residents protection from the weather. Use durable materials that contribute to the architectural character. E-2.4.2.5.1. Multifamily structures are encouraged to use internal circulation and stairwells to access individual residential units. Residential Design Guidelines CPAT - 2 - E. Residential Design Guidelines 2.0 Architectural Character 2.5 Materials E-2.5. l .Objectives: E-2.5.1.1. To ensure that materials used for residential development promote and establish an architectural character that contributes to the aesthetic qualities of neighborhoods and protects adjacent property values. E-2.5.2. Guidelines: E-2.5.2.1. Buildings with facades that face multiple roadways and/or public spaces should use consistent material combinations, quality, and detailing to unify the building design. E-2.5.2.2. Use complementary material combinations that contribute to a cohesive building design. Use materials from the following basic groups: wood (simulated wood material), masonry, concrete, metal, and glazing. E-2.5.2.2.1. Use well-detailed, proportioned, and durable materials that weather and age gracefully, adding to the architectural character over time. Avoid non-durable materials that deteriorate quickly and require frequent maintenance or replacement. E-2.5.2.2.32. Provide pattern, texture, and detail in the building design and distinguish field materials from accent materials to create interest and variety in fagade design and establish an attractive architectural character. E-2.5.2.3. Where materials transition or terminate, provide detailing to express the natural appearance of the material. (For example, stone, or stone-like products, should convey the appearance of mass and should not appear as a thin veneer.) E-2.5.2.4. Incorporate material and color changes as integrated details of the building design; maintain architectural integrity and promote a quality appearance and character. E-? 5 2 4 1 When lame wall areas are pi_oposed architectural embellishments should he used to reduce monotony. E-2.5.2.4.E-2. Vinyl siding may be appropriate if it creates interest in the design using a mix of materia~atterns (e g board and batten horizontal and vertical lap, shake or shin~lesl. colors and accented corner posts. b ' E-2.5.2.4.3. The use of masonry as a material accent should be applied to 50 percent of the available wall length at a minimum height of 24 inches. (Available wall length does not include garage openings.) E-2.5.2.5. Use colors that complement the use of building materials and support innovative and good design practices. E-2.5.2.5.1. The use of subtle, neutral, and natural tones of field materials should complement accent colors and materials. The use of deep earth tones or saturated colors to distinguish building facades should enhance the building design and be compatible with adjacent structures. Residential Design Guidelines CPAT - 3 - E-2.5.2.5.2. The use of intensely bright and fluorescent colors, as well as widespread use of saturated hues without complementary colors, materials, and accents, is discouraged. E-2.5.2.5.3. Materials or colors with high reflectance, such as metal or reflective glazing should be reviewed with the Planning Staff to minimize glare on roadways, public spaces, and adjacent uses and determine appropriateness. E-2.5.2.5.4. Residential structures should use a cohesive color scheme featuring a minimum of two field colors, a trim color and a front door color. Garage door colors should coincide with this scheme or the material palette of the structure. Residential Design Guidelines CPAT - 4 - Meridian City Council Special Meeting September 7, 2010 The Meridian City Council special meeting was called to order at 5:30 P.M. on Tuesday, September 7, 2010, by Mayor Tammy de Weerd. Members Present: Keith Bird, David Zaremba, Charlie Rountree and Brad Hoaglun. Staff Present: Jacy Jones, Bill Nary. Item 1. Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Hoaglun: I move we approve the agenda as proposed. Zaremba: Second. De Weerd: A motion and a second to adopt the agenda as proposed. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Executive Session per Idaho State Code 67-2345 (1)(c)(d)(f)(j) - (c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency, (d) To Consider Records That are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code, (f) To Consider and Advise its Legal Representatives in Pending Litigation, and Q) To Engage in Communications With a Representative of the Public Agency's Risk Manager or Insurance Provider to Discuss the Adjustment of a Pending Claim or Prevention of a Claim Imminently Likely to be Filed. Bird: I move we go into Executive Session as per Idaho State Code 67- 2345(1)(c), (1)(d), (1)(f) and (1)(j). Rountree: Second. De Weerd: It has been moved and seconded to go into Executive Session. Meridian City Council Special Meeting September 7, 2010 Page 2 of 2 Roll Call Vote: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. ALL AYES. MOTION CARRIED. Executive Session: (Into at 5:32 p.m. and out of at 7:10 p.m.) De Weerd: I move we adjourn the Executive Session. Rountree: Second. De Weerd: It has been moved and seconded to come out of Executive Session. All those in favor. ALL AYES. MOTION CARRIED. Rountree: Move to adjourn. Bird: Second. De Weerd: A motion and a second to adjourn. All in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 7:10 P.M. (AUDIO ON FILE OF THESE PROCEEDINGS) APPROVED: TAMMY WEERD, MAYOR DATE APPROVED v ,~°~'O1~TFO '; ~ST ~, J~4YC L. HOLMAN, CITY CLERK 9~~ ~~ ~ ; %,, q p ~. ~ P ~ ~• //1/t11I!i111i1~~~\ Meridian City Council Meeting September 7. 2010 A Council meeting of the Meridian City Council was called to order at 7:10 p.m., Tuesday, September 7, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President David Zaremba, Charlie Rountree, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jacy Jones, Anna Canning, Kyle Radek, Brent Blake, Steve Siddoway, Joe Silva, Scott Colaianni, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd de Weerd: Thank you for your patience. We appreciate you being here this evening and we will just go ahead and go on into our regular scheduled meeting. For the record, it is Tuesday, September 7th. It is ten minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance by Hyrum Schenk, Troop #115, Silverleaf LDS Ward de Weerd: Item No. 2 is the Pledge of Allegiance. Tonight we will be led by Hyrum Schenk, all right, and he is with Troop 115, which is Silverleaf LDS Ward. If you will all rise and join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) de Weerd: If I could present you with one of our City of Meridian pins and thank you for joining us and leading us tonight. Thank you. Item 3: Community Invocation by Brother Kent Henderson (HP Group Leader) from the LDS Church de Weerd: Item No. 3 is our community invocation by Brother Kent Henderson and he is from the LDS church. Thank you for joining us this evening. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you. Henderson: Our Heavenly Father, we thank thee for the many blessings that we receive at thy hands. We are especially grateful for thy Beloved Son Jesus Christ. We are grateful to live in this free land and especially to live in this great City of Meridian. Meridian City Council September 7, 2010 Page 2 of 33 We are thankful for these people who serve us in our city government. We are thankful for their time and their efforts and we ask these to give thy blessings to them this evening as they ponder and deliberate. We pray that the decisions that are reached will be for the good of the people of this city and this prayer we offer in the name of Jesus Christ, amen. de Weerd: Brother Henderson, if I could offer you a City of Meridian pin for leading us tonight. Henderson: Thank you. de Weerd: Thank you for joining us. Item 4: Adoption of the Agenda de Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: A couple items to update on the agenda. Under the Consent Agenda, under 5-K, that resolution is number 10-737 and 5-L is resolution number 10-738. Under Department Reports, Item 9 -- Item 9-A, that resolution is 10-739. 9-B is resolution number 10-740. And under Item 10, Ordinances, 10-A is ordinance number 10-1455 and 10-B is ordinance 10-1456. So, with those additions, Madam Mayor, I move adoption of the agenda as presented. Zaremba: Second. de Weerd: I have a motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of August 17, 2010 City Council Special Meeting B. Approve Minutes of August 24, 2010 City Council Regular Meeting C. Addendum #1 to the Task Order with J-U-B Engineers, Inc. Master Agreement Category of Water Supply and Distribution Replacement Design (1 B) Dated April 13, 2010 for the Water Meridian City Council September 7, 2010 Page 3 of 33 Line Replacement-Carlton/State Avenues Project for aNot-To- Exceed Amount of $28,884.00 D. Independent Contractor Services Agreement with Varsity Contractors Inc. for Janitorial Services Through September 30, 2011 for aNot-to-Exceed Amount of $108,579.72 E. Art Purchasing Agreement with Sandy Marostica for Purchase of "Looking East" for Art in Public Spaces for aNot-to-Exceed Amount of $1,500.00 F. Art Purchasing Agreement with William Gardoski for Purchase of "The Meridian Creamery" for Art in Public Spaces for a Notto-Exceed Amount of $1,500.00 G. Professional Services Agreement with Missoula Children's Theatre for production of "Snow White" in March 2011 for an amount not to exceed $2,650.00 H. Order of Conditional Approval of Final Plat: FP 10-006 for Larkspur Subdivision No. 3 by JLJ Enterprises Located at 240 E. Edmond's Court Request: Final Plat Approval for 22 Building Lots and 1 Common Lot on Approximately 3.79 Acres in an R-8 Zoning District I. Order Granting a Second Eighteen Month Time Extension: TE 10-017 Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located at North of W. Chinden Boulevard, West of N. Spurwing Way Request for an 18 Month Time Extension to Obtain the City Engineer's Signature on the Final Plat J. Findings of Fact, Conclusions of Law for Approval: AZ 08-005 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Annexation and Zoning of 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L-O (Limited Office) (3.22 acres) and C-C (Community Business) (30.72) and C-G (General Retail and Service Commercial) (33.47 acres) Zoning Districts K. Resolution No. 10-737: A Resolution of the Mayor and City Council of the City of Meridian to Amend the Text of the City of Meridian Comprehensive Plan, Chapter 7, Page 103 to Revise the Name and Uses of the Mixed Use Waste Water Treatment Plant Designation to Mixed Use Non-Residential as Meridian City Council September 7, 2010 Page 4 of 33 Recommended by the City of Meridian Planning Department L. Resolution No. 10-738: A Resolution of the Mayor and the City Council of the City of Meridian Approving the Initial By-Laws of the Meridian Historic Preservation Commission de Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: As noted under the Consent Agenda, Item K is resolution number 10-737 and 5-L is resolution number 10-738 and with those, Madam Mayor, I move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Zaremba: Second. de Weerd: I have a motion and a second to approve the Consent Agenda. Is there any discussion? Okay. Seeing none, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Settlers Park Tennis Facility Update and Review of the Revised Conceptual Site Plan by Matt Adams with The Land Group and Jo Ann Kurz de Weerd: Item 6-A is a community presentation on our Settlers Park tennis facility and we have our director here to introduce this presentation. Siddoway: Thank you, Madam Mayor. Back up a little bit. That was a little loud. Members of the Council. I believe it was May of this year we were before you in a workshop setting talking about the potential partnership with Jo Ann Kurz for providing an indoor tennis facility in Settlers Park where we have plans for tennis as part of Settlers Village square phase two. During that time we received feedback from the Council that Council was generally on board with the concept and we received instruction that Jo Ann was free to move forward with continuing to develop that concept and the idea of moving forward towards fundraising for that project. Since that time Jo Ann has been busy putting together a board, she's applied for nonprofit status, has an approved name from the USTA or Meridian Tennis Association and has been refining Meridian City Council September 7, 2010 Page 5 of 33 the vision and the site plan. We are simply here tonight to allow Jo Ann and her team to update the Council on where the vision for the tennis facility currently is and to specifically seek your blessing on her publishing those -- the concept plan and marketing it for fundraising. So, with that in mind I will turn the time over to Jo Ann Kurz to make the presentation and introduce her team. Thanks. de Weerd: Good evening, Jo Ann. Kurz: Hello. de Weerd: If you will, please, state your name and address for the record. Kurz: My name is Jo Ann Kurz. I am at 1835 East Grand Canyon Drive, Meridian. 83646. de Weerd: Thank you. Kurz: And Matt Adams is with me. Adams: Hi, there. Matt Adam. 1273 East Legacy View Drive, Meridian. 83646. de Weerd: Thank you. Kurz: I also have Jim Meldrum sitting here and he's part of the board that we are forming. Just -- actually, Steve talked a little bit about our history, how we started out with Settlers Park and it's been a long plan in the making of -- from probably about the year 2000 with the Parks and Rec Commission coming up with a phase two project and the four courts outside with an exhibition court to the -- to the north and what we have done is -- and it was originally with the Settlers phase one was the two courts and then -- and, then, an additional five courts for phase two. What we did recently was we talked to the parks and -- Parks and Rec Commission, got their support for what we are trying to do to just make a little bit of a change with this and now we have met with the parks commission two times and have their full support after making plan modifications to address their concerns. And I just want to give you a project status update and have you take a look at what we are looking at now. And, Steve, could we go back to the original site plan. Okay. So -- so, this is -- this area here -- can you see it -- okay. Draw on it. So, this area here is where the indoor is. Okay? These are the five courts. Originally it was two and two with a meridian in between. Okay. So, right here are the five indoor courts. Originally there was a -- kind of a Meridian in between here with the two and two, but we have -- what we have done is taken that out and we have -- to just allow an extra court, which we think is really important for indoors, and now we have five indoor courts and this area up here is going to be a mezzanine just to look onto the courts and, then, to the north of it are -- originally in this area here was an exhibition court with -- with the -- all through here was like a hill, a berm through here, but we have added the -- we have suggested the two outdoor exhibition courts with donor recognition right here and, then, these are called -- these down here are called quick Meridian City Council September 7, 2010 Page 6 of 33 start courts, which are really cool, because they are -- just like a little soccer field, they are like a little tennis court and it's the new way of -- although it's been -- a lot of teaching pros have been doing it for years and years by making it themselves, actually, to develop a court like this it's -- it's already made for the kids and they will feel pretty -- in their own dimension. They won't feel overwhelmed like looking over a net and they -- everything will be scaled better to them. It's also an easier way for even beginners, even adults to learn just on a smaller scale. So -- so, the good thing about the quick start courts is that we have the full support of the United States Tennis Association and they are real excited about it. They are willing to help with the project and they really -- they are behind it a hundred percent with the quick start courts. That's what they want the most. They'd like us to put ten in here if we could, but we are -- we are still trying to, you know, put in some other tennis courts. And, then, over here this is -- this is really a nice feature is a practice wall and this is, actually a half court through here and, you know, with the dimensions and the wall would be right there and that's kind of the old fashion way. That's how I learned how to play is going down to the backboard, picking up games, and in a park atmosphere it's a great way to just meet new people and do some pickup tennis. So, that's -- that's the revised plan so far and over here, of course, are the original courts. Adams: Well, the one thing I want to point out is right here if -- basically what has now become a world class horseshoe pitch. I don't know if we ever anticipated that, but it's pretty amazing and it's all based on community support, community partnership, and filling a need for the community and now it's really taken off. So, in our minds the whole time we want to create a world class tennis facility, but Jo Ann's vision is it's based on community and children at its -- at its root level. So, it's pretty exciting for me to get a chance to assist Jo Ann and work on this project with that vision. The only thing I wanted to point out on the plan -- well, two things that Jo Ann didn't is this is, of course, a conceptual drawing and as we move through process it could be subject to some slight modification and we also have developed -- and this came out of discussions with the parks commission and with the parks department, is the addition of more parking for the facility. So, we wanted to make that point. Thank you. Kurz: And we are in the process of -- we have already started Meridian Tennis Association, which is our board of five people and I'm the president and Jim Meldrum is also on the board. I have two members, Sandy Moore and Carol Ryder, who are ex- board members of the Boise Racquet Swim Club and one's an ex-president and they are coming back from the Virginia Tech game, otherwise, they would be here to say hi. And also another tennis pro, who is very well known in this. area, Robert Sterk, who is a tennis pro who really developed the pro in the park theme, which is grass roots tennis with a public park. We are working on the 501(c)(3) status through Meridian Tennis Association, so that we can have tax deductible donations. We know how important that is when we are asking for money and right now if -- if we can get any money it's going to be either a pledge or money put in trust to -- so that we could move it into a tax deductible donation. We also are working on a -- we have had a pretty close estimate of what this would cost and confirmed with the USTA and, luckily, we have -- and fortunately we have the support of the city with the pledge, right, Steve? Meridian City Council September 7, 2010 Page 7 of 33 Siddoway: I wouldn't call it a pledge, but we do have allocated 500,000 dollars towards the project, particularly if there are any -- you know, the outdoor courts, things that we would be building otherwise. Kurz: Okay. Siddoway: But the 500,000 dollars towards Settlers Village Square phase two we have budgeted as seed money. You bet. Kurz: Okay. And which is real exciting, because what we are looking at is approximately another two million, maybe -- maybe a little bit more than that if we want to add some extra features and I just wanted to show you some more pictures to show you some of the -- the visual, rather than just this plan right here, so -- okay. So, this is -- okay. So, of course, here is the horseshoe pits and here is the two existing courts here. Here is a side looking into the south side of the building and pretty clear here is, of course, the exhibition courts with the three quick start courts. Really like the balcony idea here, so people could out, take a look at the sunset or watch their kids playing at the park and also be watching some tennis and so that's a pretty exciting drawing and we are hoping it will look something like this again. All of these -- if you can see down here they all say conceptual, subject to change. So, this is going to be our marketing when we put that in and what we are asking again, as Steve said, is for just the blessing and permission to be able to put this online and say, you know, rather than just saying we are building tennis centers, give people a visual, so -- could I have the -- okay. And, then, of course, this is the view from -- here is Ustick. Here -- here is Ustick over here on this side and the two courts and, then, just -- the idea is to have some natural light coming in through here and make the really -- if we can get some natural light we can save on electricity bill for the lights a whole lot, probably -- the courts that we did over at the -- where I was working at the other club at the racquet club, we had three levels of lighting and during the day with this type of exposure with the light, we may be able to bring it down to a level one, which is usually a maintenance level and, anyway, we may be able to bring it down to a real low level there and level two is a recreational level, level three is a pro level, but with the lights -- or with the natural lighting I think that will save a lot, which is a real big deal. Okay. Trying to just move on. Okay. I think this is the last one. It's just -- it's just the same view here with the three quick start courts through here and right over here -- right over here is going -- is the splash pad and so the idea is that people would see these little people playing on these courts and come right over and take a look and the idea also is with these exhibition courts that we can create some really nice events and, of course, very good programing to make sure that, you know, with the park that's it's all working together, that we don't have baseball and tennis going on at the same time with events at least. So -- so, that's -- that's our plan and we are looking for just the rubber stamp of, you know, go ahead and put these up and, again, every single one will have this conceptual, so nobody holds us exactly to it. And I just wanted to say, you know, absolutely want to thank you for the -- what you're doing with the land. Your -- my understanding is you're setting up the land for us to build on and with a very reasonable lease and we haven't worked that part out yet, but Meridian City Council September 7, 2010 Page 8 of 33 it's -- but it's quite the donation and I'm very appreciative of that and so is my board and also very appreciate of committing some money to the project. We have already gotten some press that's come out and people are asking questions and just want to really heavily start marketing with being able to show these -- these plans. de Weerd: Thank you, Jo Ann. Council, questions? Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Have you thought any further on safety and security, who would man the building, and how many hours would it open and things like that? Kurz: Well, we could be open from 6:00 a.m., as early as that, up to about 10:00 p.m., maybe 11:00 p.m. Security, we could put some video cameras in and -- are you talking about like a security guard or -- Zaremba: Or some kind of attendant or something that at least could be in charge of the building and keeping an eye on things. Kurz: Don't have that yet with a security guard -- like overnight you're talking about? do -- I think we could add in a video, you know, surveillance. Zaremba: I'm not concerned about when the building is closed or locked, I'm concerned about when it's open. Kurz: Well, it will be staffed like with a front desk staff and -- yeah. It's not just a run through place. No. It will be professionally run. Zaremba: Good. Okay. Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Jo Ann, in that concept is it going to be -- are you going to have a shower facility, changing rooms, a full set up, or is it just primarily just courts with an office area? Kurz: Well, that's a good question. We do have plans for like a change room. It's not going to be real -- it's going to be change, put your stuff, and come back and get your things and leave. But it won't be really big. It won't be as much like a private club, like that facility, it's going to be more like a pay and play place where you come and go and it won't really have the same country club atmosphere of finishing tennis and, then, sitting around. Maybe -- maybe up on the balcony, but they will have soft drinks and, Meridian City Council September 7, 2010 Page 9 of 33 you know, that's about it, but, yeah, we definitely need that, change rooms, plus restrooms. Hoaglun: Okay. Good. Thank you. Kurz: Okay. de Weerd: Okay. Any other questions? Bird: I have none. Rountree: I have none right now. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I guess I would ask our police representative if they have taken a gander at the plans and does it raise any worries about surveillance either into the park looking around the building or into the building? Colaianni: Madam Mayor, Council Members, Mr. Zaremba, you know, I think you have already hit on the salient points. I mean one of the things we would want to address is if there is some sort of type of video surveillance system, someone present at the facility while it's open to insure that things are going smoothly. The only other comment would make is anytime we build a new facility we want to make sure we are looking at lighting outside, so when it does get dark and the facility is still operating it's safe and secure there and any landscaping that would prevent us from seeing the building from the roadway or the parking lot as we drive through at night, would be my only comments. de Weerd: Thank you, lieutenant. Now, Council, I think what Jo Ann and our director is looking for is at least your okay to use what you see in front of you in conceptual fundraising activities as a concept, but the fundraising activities won't be conceptual, they we will be actual. But they need to get at least your nod, enthusiastic we hope, to be able to go out and tell the story and sell the vision. Rountree: Madam Mayor, I think it's a great opportunity for all of us. I would make one suggestion on their visuals and that would be to label those things that are existing, so people don't come away with the impression that -- and haven't been to Meridian or haven't been to Settlers Park, come away with the impression that part of this is going to be horseshoe pits and part of this is going to be two more outdoor courts that are actually already there. So, I think if somehow you can annotate your illustrations that these investments have already been made. Meridian City Council September 7, 2010 Page 10 of 33 Kurz: You are talking about like for the two courts and the horseshoe pits, they are already done? Rountree: Right. Kurz: Okay. Rountree: And the water reservoir and people might wonder what that is and it's there and -- Kurz: Just show it like a caption or something. Rountree: Sure. Kurz: Existing water tank, existing -- that's a good idea. Hoaglun: Madam Mayor, I -- just a comment for Jo Ann. It's a great idea. I hope it comes to fruition -- Kurz: Thank you. Hoaglun: -- because this would be a great amenity for -- for the area and our citizens, so -- Kurz: Thank you. Hoaglun: -- best wishes on it. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Go get'em. Bird: Go after it. de Weerd: There you go. Kurz: All right. Well, thank you very much. de Weerd: Thank you for being here with us this evening. Rountree: Hit it down the line. Kurz: Thank you. Meridian City Council September 7, 2010 Page 11 of 33 Item 7: Items Moved From Consent Agenda de Weerd: Thank you. There were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: AZ 10-001 by Ada County Located at Southwest Corner of N. Linder Road and W. Ustick Road: Request for Annexation and Zoning of 2.58 Acres from R1 (Ada County) to C-C (Community Business) Zoning District for Ada County Paramedics Linder Station de Weerd: So, we will move to Item No. 8 under Action Items with our first item a public hearing on AZ 10-001. I will open this public hearing with staff comments. Canning: Thank you, Madam Mayor, Members of the Council. The first application before you tonight is for the Ada County Paramedic station. The site is located on the southwest corner of Ustick Road and Linder Road and the application before you is an annexation. In 2005 the parcel proposed for annexation was part of the city's Comprehensive Plan map amendment for north Meridian, which changed the land use designation from residential to mixed community and that was with the understanding that this site definitely had some constraints to it, to say the least, and would have challenges to it in the future. The request is to annex these 2.58 acres of land from the R-1 zoning district in Ada County to the C-C zoning district for the city. The concept plan has been submitted. See there that it has a significant irrigation feature running its length and it depicts a 3,400 square foot Ada County Paramedic station and associated site improvements. The Commission recommended approval at their August 5th, 2010, hearing and at that hearing no one spoke in favor, nor in opposition. Doug Cooper and Darby Weston commented and there was no written testimony. Key issue of discussion by the Commission -- there were none. They were in favor of the application. And they did not make any changes to staffs initial recommendation. There are a couple outstanding issues for the City Council to address. I'm not sure that you have used it yet, but in about January we did a text amendment that allowed the Council to waive the width of land use buffers at a public hearing, so we are asking you, because the site is constrained and because the irrigation facility provides a significant buffer to the residential properties to the west, that you waive that 20 foot wide landscape buffer width along the western property boundary. And the second outstanding issue for City Council was the installation of a pressurized irrigation system. As you look at the -- I don't know if I have a close up of the site. There is the facility. There are very limited opportunities for landscaping. There is a little that will be here, a little along the street buffer, and, then, a small area up here. The applicant has requested not to have to install an irrigation system for such limited properties. My understanding is that they have offered to let us -- I don't know how to word this, but -- and perhaps the applicant can fill in, but they would not be opposed to xeriscape landscaping if we wanted to allow them to do a test project there and that might be a compromise, but they are asking for that requirement to be waived as well. And we have not received any written testimony Meridian City Council September 7, 2010 Page 12 of 33 since the Planning and Zoning Commission hearing and to our knowledge those are the only issues before Council tonight. de Weerd: Thank you. Council, any questions for staff at this point? Rountree: I have none. de Weerd: Okay. Would the applicant like to make comment? Thank you for joining us. If you would, please, state your name and address for the record. Cooper: Thank you, Madam Mayor and Council. My name is Doug Cooper. I'm with McKibben and Cooper Architects, 515 West Hays Street in Boise, representing Ada County. And I have with me tonight Bruce Krisko and Scott Williams from Ada County operations and Darby Weston in the back from Ada County Emergency Medical Services. And they can answer any additional questions you might have. I think Anna covered the major issues pretty well. As you can see, the site is quite constrained by -- we have already negotiated with the irrigation district. Their typical requirement is a 50 foot setback from center line of the drain, but in difficult situations like this they allow a minimum of 18 feet from the top of the bank for maintenance access and so the portion of the site where our drive comes close to the canal, that's where we provide the 18 feet and, then, that dash lined is the 50 foot center line and you can see that's where our proposed buffer starts there on the south. There is also the double dashed line closer to the corner. That is an easement for the Creason lateral. Very old -- the instrument for that easement is 1917. It is actually under the house that's currently on the site now. We, of course, are not allowed to build in that easement and so we are really building on a narrow strip of land between those two features. Also, the -- the two access points are already built, so we need to use them as our access points. We have worked with ACRD to stripe both of those as right-in, right-out because of the way the intersection performs. The way that the facility operates in terms of the ambulances, that's the bay there to the north and with the potential second bay to the north of that idea, the idea is that the ambulances would enter frontwards toward Linder Road and depending on where they needed to go, they could go out the Linder Road exit or around back to the Ustick Road exist and, then, on return they come into the back of the bay. This saves on a lot of damaged doors from backing up ambulances, which is not a good thing to do. So, those -- all those factors kind of dictate the layout of the site and our solution. We really didn't have a lot of options and have worked with Bill Parsons in the planning department about providing as much of the 25 foot buffer on that west side as we could. You can see it -- the hatched area represents the buffer and we kind of start and stop. will mention the irrigation water situation. We don't quite have that resolved yet with Nampa-Meridian. They have offered water, but it's on the other side of the drain. It's at a much lower pressure than we would need for a good irrigation system. It's about ten gallons per minute and we really need about 35. Currently, Dave Logan, the director of operations at Ada County is working with Nampa-Meridian to see if they can just tell us yes or no, if they can provide the water at the pressure that we need. If they can't and that's the way it looks, we would like to propose using an irrigation system using domestic water and we are very interested in doing the xeriscape design. I should Meridian City Council September 7, 2010 Page 13 of 33 mention that this facility is almost identical to one that the county just built in Star just north of State Street and that also has a xeriscape design where we do have turf -- it's a fescue type turf, which is a very low water use. All of the shrubs will also be very low water use. I think that's it for any comments I have. If there are any questions I would be glad to address them. de Weerd: Thank you. Council, any questions? Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Just a procedure, I guess. You may be able to answer this. If you have driveways that are right-in, right-out, I would assume that was during normal operations. If an ambulances had to go lights and sirens it could ignore that, couldn't it? Cooper: That is the intention. Zaremba: I would hope so. Okay. Cooper: Yeah. There will not be any lights outside these entrances that you might see at a police -- at a fire station. They just would be striped for normal operation. Anybody -- any member of the public using the facility would have to use the right-in, right-out. Zaremba: Okay. de Weerd: Otherwise, we can post one of our finest out there to -- to help raise funds from the county. Cooper: Another feature of, I believe, all of the paramedic facilities is that they do have a walk up capability, if you happen to be near by and are injured and can get yourself there to the front door, they can treat you. de Weerd: Okay. Any further questions? Bird: I have none. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: A couple issues with respect to what you're asking for. One, it's a pretty visible site and there is a lot of people that drive by it and we have pretty rigorous requirements in terms of setbacks, landscaping, that sort of thing. I can understand your desire for xeriscaping and I applaud that. I would just want to make sure that it's done appropriately and that it's esthetically pleasing. If it's not, then, conventional Meridian City Council September 7, 2010 Page 14 of 33 landscaping would be the alternative. The other problem with the site that you do have a considerable length of open drainage and it's somewhat a xeriscape now and it's unsightly as can be and I know the difficulty in working with the irrigation district about maintenance of facilities, that they operate and they will probably tell you well, it's your property, you maintain it, we just have an easement, but they will tell you how you can work on your property because of their easement. But something needs to be done with that -- with your property where that easement is or something needs to be worked out with the irrigation district to maintain that site once we have new development on that corner and once it becomes part of the City of Meridian. It cannot be left the way it is, in my opinion. Cooper: Well, the -- Madam Mayor, Council Member Rountree, the site will be completely landscaped. We are meeting the 25 foot landscape easement requirements on Linder and Ustick. Those will be of turf and trees. We -- because of the kind of prescribed layout there -- it sounds like you know the site. There is a very large oak tree in front of the house, which we are not able to keep because of this layout. Because of that the code requires that we mitigate those caliper inches and so we will have a great number of trees around the building on all sides. So, really, it will be entirely landscaped, except for that access area in the back, which the irrigation district is requiring to be gravel. But we will be screening that, really, from both sides with our landscape treatment as we can. Rountree: Thank you. Canning; Madam Mayor. I did want to mention that Pete Friedman has been working with a group of landscape architects to develop some xeriscape standards for our code and I guess our hope was -- depending on the timing of this project, that we could have -- kind of test out a possible new code with this project, if the timing works. Rountree: That will be great. Cooper: Also, Madam Mayor, that landscape firm is Jensen Belts and they are our landscape architects for this project. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: I'm curious, Doug, if you could help me. On that landscape where it's going to be gravel on the easement portion, you know, that is Five Mile Creek and, you know, we have a pathway system that follows the creek, the Bud Porter comes down and, then, it disappears and, then, it pops up here. Is that something that people will have access to to walk across that as a pathway or are you going to direct them on the sidewalk? Because there is not -- there is not going to be a crossing over here, but they could continue up Ustick heading west they are to access the subdivision there. But what's the plan for pedestrian access, if any? Meridian City Council September 7, 2010 Page 15 of 33 Cooper: Madam Mayor, Councilman Hoaglun, the -- the -- you can see the fence line on the other side of the canal for the existing neighborhood. There is quite a bit of space on that side and there is an existing path which will continue to be used on that side. We have -- those that are familiar with the site might remember that there is a bit of fall at the north side from Ustick down onto the site and negotiating that connection up to the road is a bit difficult. Hoaglun: Okay. So, Madam Mayor and Doug, so your side will be closed, but that other side will remain, because that's part of the subdivision and -- okay. Great. Thank you. de Weerd: Well -- and, actually, now the kids have a sidewalk they can walk on. Hoaglun: Yeah. Oh, yeah. That's -- de Weerd: Okay. Anything further from Council? Okay. Thank you so much. Cooper: You're welcome. de Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this application? Anything further from Council or staff? Rountree: No. de Weerd: Nothing further from the applicant? Okay. Well, Council, if there is no further information needed, I would entertain a motion to close. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we close AZ 10-001. Zaremba: Second. de Weerd: I have a motion and a second to close the public hearing on Item 8-A. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? de Weerd: Mr. Bird. Meridian City Council September 7, 2010 Page 16 of 33 Bird: Hearing no discussion, I move we approve AZ 10-001 with the waiver of the 25 foot wide landscape buffer on the west side and also waiver of installation of a pressurized irrigation system and to incorporate all staff and applicant comments. Zaremba: Second. de Weerd: Okay. I have a motion and a second to approve Item 8-A. Is there any discussion? Seeing none, would you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: ZOA 10-001 by City of Meridian Planning Department Request to Amend and Add to the Current Provisions of the Unified Development Code (Title 11 of Meridian City Code) Related to the Portable Classroom Standards Outlined in UDC 11-4-3-14 Education Institution de Weerd: Item 8-B is a public hearing on ZOA 10-001. I will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, just in time, almost, for the new school season, we have the temporary portable classroom text amendment and it is a zoning ordinance text amendment. The subject application proposes changes to the specific use standards in UDC 11-4-3-14F for education institutions and because the UDC does not adequately address the temporary or permanent status of portable classrooms, this amendment outlines the process and standard for establishing the use of portable classrooms and the necessity for design review. As you may all remember, this was prompted by an appeal of staffs decision regarding design review for a portable classroom. Staff believes that the proposed changes better define the requirements for establishing the use of portable classrooms on either a temporary or a permanent basis. Further, it clearly defines the time frame for the removal of the structure and outlines the standards necessary for establishing the portable classrooms as a permanent use. Planning staff has drafted the changes, included input from Joint School District No. 2. I did want to say that we sat down with Eric Exline and Dr. Gestron and ran this by them before the Planning and Zoning Commission hearing to make sure we accepted their input and they were good with the -- the code amendments. They did come to the Planning and Zoning Commission and I take it they were not able to be here tonight. The Commission did recommend approval at their August 3rd -- or August 5th, 2010, public hearing. Eric Exline spoke in favor. Keith and Marva Watson spoke in opposition and they also commented, along with Wayne Hanners and Eric Exline. We did receive written testimony from Keith Watson, Whitney and Eric Wood and my understanding is that all these folks were neighbors to the Meridian City Council September 7, 2010 Page 17 of 33 Paramount portable. The Commission did listen to that testimony and provide changes and discussion. The discussion was about the compatibility with surrounding residences and school building and, then, the color and roofing material for the portable classrooms. The changes -- they added two additional standards. One was that the exterior colors of the portable classroom shall be compatible with the color of the primary school building and the second one that the roofing material on the portable classroom shall be a finish that emits a minimal amount of glare. And I think the planning commission did receive photos -- not sure if Mr. Parsons put them in here. No, he didn't. They did provide some photos of the Paramount classroom where the glare off the metal roof was definitely noticeable. To our knowledge there are no outstanding issues before Council. I think the two additional standards address the concern of the citizens that did provide testimony and we have not received any written testimony since the Planning and Zoning Commission hearing. And with that I will answer any questions Council and Mayor may have. de Weerd: Thank you. Council, any questions? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Anna, just a clarification. After they come in and the appeal in 2009, they put another classroom out there without the standards that we had required? Canning: I issued a temporary temporary CZC contingent upon approval of the standards. It's consistent with these standards. We are kind of holding off on -- on final occupancy until these changes are approved. de Weerd: Okay. Any other questions? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I don't know if this is the right spot, but it seems that temporary or temporary permanent classrooms are almost a given, yet in the original construction of the schools there doesn't seem to be any anticipation of that. Case in point. The portable that was put out in front of a school recently and raised ire of some of the neighbors. It seems to me there ought to be a requirement or a standard on the original building that anticipates portables or temporaries and accommodates them in such a way as that they are put in there in harmony with the existing structure and the traffic flow and visual aspect of the school. In other words, you don't stick them in front of your school and hide your school with a portable. If you anticipate you're going to have them, you know, put your hook-ups and electrical and all that stuff in a location on your existing building or in your existing site plan to accommodate that. In other words, think ahead. Meridian City Council September 7, 2010 Page 18 of 33 Canning: Madam Mayor, Members of the Council, we -- we asked them to think about it. It's not a requirement. I can show you the code that we currently have. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Anna, on 4-F, the roofing material on the portable classroom should be the finish that emits minimal amount of glare. Why can't it be a roofing material that matches the school? Most of them have some type of shingles on them now. They -- I think they have got away from the flat rubberized roof more. Why can't -- why can't they be identical to it? Canning: Madam Mayor, Members of the Council, Councilman Bird, I wish the school district were here. You may want to table this item in order to enable them to show up. don't know if the new portable classrooms all have metal roofs. I know that the Paramount one had a metal surface. I know that some of the older ones out at Rocky Mountain actually have asphalt shingle roofs. So, I'm not sure if it's just part of their new construction or not. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I believe -- if you go look at the first portable they put at Paramount has a shingle roof -- has asphalt. Nary: Madam Mayor? de Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I think Ms. Canning and Mr. Elg may be able to answer some of these, but at the Planning and Zoning Commission they explained in depth as to where they purchase these and why they are sort of the way they are and what limitations they have on changing the -- the portables. So, you may need to -- maybe to have Mr. Exline here or someone to explain that, but they went into great detail about the limitations that they have with these and the more enhancements to the buildings and the more permanent they become, but they did explain there is a significant difference between what they purchase today and what's available today versus what older schools have and what other ones already are. Part of the biggest key for these is the ability to be portable and for that capability there has to be a lot more limitations in what treatments they can do to it. So, they went into a lot of depth about that, so that may be something you may need to get more information from them. Hoaglun: Madam Mayor? Meridian City Council September 7, 2010 Page 19 of 33 de Weerd: Mr. Hoaglun. Hoaglun: And this might be a question for Council, but, you know, if we say shall have a -- be of a finish that emits a minimal amount of glare, remembering that the discussion on the first Paramount portable where the paint was at issue of glare at sunset. Now, we have roofing material that's metal, which if it's powder coated, that sort of thing, yes, you can -- can we define minimal, I mean, or is that -- Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, that was a great discussion at the Planning and Zoning Commission and the neighbors felt, basically, right now it's a reflective metal roof and they do need to put, basically, a powder coat treatment of some sort on it to -- to cut that down. You're right, it's certainly not precise, but at least that it's -- I don't know that it's completely free, even a painted surface is going to have some glare, but these folks that testified, the neighbors, said that it was -- essentially, it shined right on them into their patio. So, if it had a treatment it would have less impact to them and it would have less impact to the other neighbors and so Planning felt that they could find a compromise that makes some sense. Hoaglun: Thank you. de Weerd: Okay. Any further questions for staff at this point? This is a public hearing. Is there anyone who would like to provide testimony on this application? Canning: Madam Mayor? de Weerd: Yes. Canning: Members of the Council, Council Member Rountree, I like the idea of asking them to think about portable classrooms, because chances are they are going to need them at some point in the life of the school. I would suggest that we could work on some language to accommodate that and make sure that the school district is here to answer any questions you have and maybe continue this out. There is not a burning need to address this. I have kind of put the design review on hold, but they know that if for some reason this isn't passed that they are subject to design review and having to accommodate that with those structures that are in. So, the ones that are -- were going in for this fall have gone in, so we can take time to work out the kinks. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Just a question for Van. Are you here working for the school or just here to listen? Elg: I'm just here to listen. Meridian City Council September 7, 2010 Page 20 of 33 Rountree: Okay. So, I won't ask you a question. I guess my question to the school district and/or their support on the issue I raise is certainly I recognize that it would be an up front cost in the design and construction of their original building, but my sense is that they go to some extraordinary efforts at times to try to hook these buildings up, because they haven't thought about the fact that they are going to be putting one in. It seems to me that it probably would pencil out given time. But I don't know that. I'd like to hear their side of the explanation of that. de Weerd: Okay. Rountree: Madam Mayor, as far as not necessarily -- would we table this or just keep it for additional consideration if there is no urgency? Nary: Madam Mayor, Members of the Council, since this is a noticed public hearing I'd recommend you set -- set it for a further date out to a date certain, whether it's 30 days or whatever. Whatever Mrs. Canning might think would be appropriate for time to work that out. de Weerd: The school district meets on Tuesday nights. Is that one of the conflicts? Canning: Oh. That could have been. de Weerd: Anyone know if -- what nights they meet? Because we could put this forward to a date that they don't. Rountree: I don't know their meeting schedule. I know it's Tuesday nights, but first and second, first and third Tuesdays? Nary: Madam Mayor, Members of the Council, they are actually not meeting tonight. It appears their next meeting is next Tuesday, the 14th. de Weerd: Okay. Nary: So, it looks like they meet on the second Tuesday of each month. de Weerd: The second. Okay. Bird: So, we would go to the -- or the 21st. de Weerd; Yeah. We don't meet on the third. Bird: Oh. We don't meet on the 21st. The 28th. de Weerd: The 28th or the first week of October. Canning: Madam Mayor, I would request the 28th, if that's possible. Meridian City Council September 7, 2010 Page 21 of 33 Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move we continue this item until September 28th. Zaremba: Second. de Weerd: I have a motion and a second to continue Item 8-B to September 28th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: CPAT 10-002 by the City of Meridian Planning Department: Request to Amend the Text of the Meridian Design Manual to Edit Clerical Errors, Remove Repetitious Text, Address the Treatment of Residential Building Facades Adjacent to Roadways AND Clarify the Use of Vinyl Siding as an Appropriate Building Material de Weerd: Okay. Item 8-C is a public hearing on CPAT 10-002. I will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is another application initiated by staff. The application is for a Comprehensive Plan text amendment and in your hearing outline notes I have attached a copy of the strike out in underline format for Council to review, because I know it's difficult to review on the screen. So, the page immediately after your outline notes has that text in underline and strike out. The subject application proposes changes to the text of the Meridian design manual contained in Section E and that's the residential design guidelines. The purpose of the text amendment is to address three things. To remove redundant guidelines already expressed in the document, to clarify the use of vinyl siding as an appropriate building material in certain circumstances and to add new language to address the treatment of residential facades in relationship to adjacent roadways. The third and fourth bullet points encompass most of the text changes proposed with the subject application, so -- except there is only three. Got me on that one. Bullet number three. Sorry. Addresses the use of vinyl siding as an appropriate building material if it creates visual interest in the design by using a mix of material, patterns, colors, and accented corner posts. Staff has had continuing dialogue with the vinyl siding institute to insure the guidelines proposed address the industry's concern and I think, actually, the partnership worked well on this, because I think they came up with some language that will help all materials as we are looking at them, whether it's vinyl or wood or brick, you know, it addresses long expanses of monotonous material is what it does. And, then, bullet number four addresses the design context for residential structures with an emphasis on perimeter of subdivisions where the rear and side facades are viewed from adjoining roadways. Meridian City Council September 7, 2010 Page 22 of 33 Because normally we are just concerned with the front of the houses for the most part, because that's all you see from the street. But, really, there is a whole -- at the end of the subdivision or the perimeter there is that whole back facade that faces the arterial roadways that are generally quite visible. The design manual will now further emphasize the architectural elements and detailing to use on all appropriate facades. This will include the following: Fenestration patterns, awnings, balconies, entries, porches, materials, decorative or ornamental detailing, exposed trusses, roof brackets, window trim, arches, and cornices to articulate facades. The Commission did recommend approval at their August 5th, 2010, public hearing. Jim Smith, who is the representative from the vinyl company spoke in favor. No one spoke in opposition. Mr. Smith again commented and we did receive written testimony from Nick Capisa, who is also from the vinyl siding institution. Key issues of the discussion by the Commission. There were none. And the Commission did add, however, or amended subsection 2.5 as follows: 4.1 where large wall areas are proposed architectural embellishment should be used to reduce monotony. And, then, in 4.2 they removed vinyl siding as discouraged as an exterior building material to cover large wall areas. Outstanding issue before City Council. To our knowledge there are none and we have not received any written testimony since the Planning and Zoning Commission hearing. And if you'd like to go over those underline and strike outs I can in more detail. I thought a lot of them really told the story better than you could in words. The significant one is there in the middle of the page where E 2.1.3.2 -- and, then, it goes on for another page. So, the next significant one is on the next page. Wow. It goes on for four pages. Sorry about that. Goes on a ways. A lot of them are just clerical or small. With that I'll answer any questions Council may have and Mayor. de Weerd: Council, any questions? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Anna, did -- did you run these changes through the architectural review committee that worked on these guidelines originally or at least get some of those good folks together and talk about them? Canning: I believe the answer is yes. I'm pretty sure we did. Rountree: Okay. de Weerd: Any other comment or question? Canning: And, again, from the staff perspective I think in the -- the prohibition on vinyl, we weren't really -- I think what we ended up with was not really taking away that prohibition as much as it was really addressing what we were looking for out of all materials and that was variety and the texture and the materials and the patterns. So, Meridian City Council September 7, 2010 Page 23 of 33 think our --our uncomfortableness with vinyl was because it was generally used in -- the method it was used and not the material itself necessarily. Hoaglun: Madam Mayor and -- de Weerd: Mr. Hoaglun. Hoaglun: -- Anna, just to comment on that. I think the language you captured here does that, because that was the big concern of just having flat plain wall with no interest and I think that captures that. It's not that vinyl siding is bad, it's how it can be used and -- and it can be made to look good and I think that changes -- the changes you made in there captures that. So, I think that's a good move. de Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Seeing no interest in providing testimony, I move that we close the public hearing on Item 8-C. Hoaglun: Second. de Weerd: I have a motion and a second to close the public hearing on Item 8-C. All those in favor say aye. All aye. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I have a question for Bill. Do we have to propose a resolution or just new ordinances with these changes or what? Nary: It's anew -- it's an ordinance change. Rountree: Okay. Madam Mayor, I move that we approve an ordinance change to incorporate the text amendments that have been provided in Item 8-C. Canning: Clarification, Mayor. Mr. Nary, this is a Comprehensive Plan amendment. Nary: You're right. I'm sorry. It is just a -- it is just a resolution that I need to bring forward. I'm sorry. Meridian City Council September 7, 2010 Page 24 of 33 Rountree: Then change the ordinance to resolution in my motion. Bird: Second. de Weerd: Okay. I have a motion and a second to approve this amendment and for staff to bring back a resolution. Any discussion? Hearing none, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: It passes. I was going to say all ayes, but someone messed that up. Zaremba: Aye. MOTION CARRIED: ALL AYES. D. Public Hearing: TE 10-018 Southridge Subdivision No. 1 by Linder 109, LLC et al. Located on the Southwest Corner of West Overland Road and South Linder Road: Request for an 18-Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat de Weerd: Okay. Item 8-D is a public hearing on TE 10-018. I will open this public hearing with staff comments. Canning: Thank you, Madam Mayor, Members of the Council. This is the Southridge Subdivision time extension. They did have -- they have exhausted their administrative time extensions, so now they are coming for Council approval. The site is generally located on the south side of Overland between Linder and Ten Mile. So, this the original preliminary plat for Southridge Subdivision and it was approved by Meridian City Council in February of 2007. The final plat for Southridge was approved on October 14th, 2008, but has not yet received city engineer's signature. So, they are requesting another 18 month time extension until August of -- they did receive approval for a time extension from the director until August. At this point the applicant is requesting approval of the second 18 month time extension to obtain the city engineer's signature on the first final plat for Southridge Subdivision. The subject preliminary plat consists of 189 residential building lots, 11 commercial or other lots, eight mega lots to be developed in the future and 31 common open space lots on 290.87 acres of land. The applicant has been unable to meet the UDC specified time requirements due to current economic conditions. To our knowledge there are no outstanding issues before City Council. We have received written testimony from Van Elg, the applicant's representative, and he's submitted a letter in agreement with the staff report. And staffs recommendation is for approval. And with that I'll answer any questions Council and Mayor may have. Meridian City Council September 7, 2010 Page 25 of 33 de Weerd: Council, any questions? This is a public hearing. Is there anyone who would -- oh, would the representative like to comment? I'll apologize. Elg: Oh, that's okay. Van Elg. I'm with The Land Group, 462 East Shore, No. 100, Eagle, Idaho. We are here for another time extension. We are very close to having a plat starting to move for the first phase of this project. We have modified some development plans. As you will recall, Council made some adjustments to that. We have to modify the development agreement as well. That is going to slow us down a little bit in getting final plat recorded. We should be submitting that shortly and there is nobody that wants to see this project move forward more than I do right now I think. So, we'd like to see this thing moving forward and we just do need a little extra time. de Weerd: Council, any questions of the applicant? Rountree: Does that mean there is a light at the end of the tunnel? Elg: I think there is. We have said that for awhile, but I think there is -- does seem to be some activity, at least on our part to do some -- to move this plat forward and complete the plans and -- and I'm working on the DA right now, so hopefully that should be resolved. There is just a number of owners involved in this -- in this DA now with the -- with all the different ownership that's out there and so we have to do a little bit more hand holding to try to make sure that their interests are being projected and somebody's not getting an upper hand on them and everybody is just a little gun shy right now, so it does take a little extra massaging. de Weerd: I guess, Van, there is also some neighbor issues that have been ongoing and certainly as we look at extending something we want to make sure that those that are impacted are listened to and their concerns are addressed. Elg: I know what you speak of and we have a meeting apparently with Pete -- our engineers are meeting with Pete to discuss an issue regarding drainage out there in Southridge phase one, so -- de Weerd: I think it's -- Elg: -- hopefully we can put that to rest, too. De Weerd: I think it's issues. Elg: There are some -- de Weerd: Some of it the city -- it is appropriate for us to help with the dialogue and others it's civil and we want to make sure these concerns are addressed. Elg: Very well. Understood. And Iwill -- I will address that with our engineers and with the owners as well. Meridian City Council September 7, 2010 Page 26 of 33 Canning: And, Madam Mayor, we have a meeting lined up tomorrow evening and The Land Group did volunteer to send their engineer to that meeting. We didn't feel it was appropriate at that one, but they did offer -- they have not shied away from taking responsibility in trying to address the concerns. de Weerd: Thank you. Are there any questions for the applicant? Okay. Thank you. Okay. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: Seeing that there is no further public testimony, I move that the public hearing on TE 10-005 be closed. Zaremba: Second. de Weerd: I have a motion and a second to close the public hearing on Item 8-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: I move approval of TE 10-005 for an 18 month time extension for Southridge Subdivision. Zaremba: Second. de Weerd: I have a motion and a second to approve Item 8-D. Is there any discussion on this item? Hearing none, may we, please, have roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Department Reports Meridian City Council September 7, 2010 Page 27 of 33 A. Mayor's Office: Resolution No. 10-739: A Resolution of the Mayor and the City Council of the City of Meridian Reappointing Eric L. Jensen to Seat 7 and James L. Escobar to Seat 1 of the Meridian Development Corporation; and Providing an Effective Date de Weerd: Item 9-A we have Resolution 10-739. This would be the reappointment of Eric Jensen to seat seven and James Escobar to seat one of the MDC board. Any questions on this item? Zaremba: Madam Mayor? de Weerd: Mr. -- whatever your name is down at the end. Zaremba. Zaremba: The one that said yes, instead of aye. Sorry I threw everything off. I move that we approve Resolution 10-739, making the two appointments to MDC. Rountree: Second. de Weerd: I have a motion and a second to approve the reappointments on stated 9-A. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. B. Mayor's Office: Resolution No. 10-740: A Resolution of the Mayor and the City Council of the City of Meridian Establishing Appointments for Members of the Meridian Impact Fee Advisory Committee de Weerd: Okay. Item 9-B is Resolution 10-740. Council, in front of you this resolution does ask for the appointment of David Fulkerson, Gene Strate, who is representing the realtor's association, Kent Mortensen, who is a representative for the BCA, Matt Adams, Tom LeClaire, Mark Bennett, and Steve Elliott, all citizens. If you have any questions I would be more than happy to answer those at this time. Rountree: Madam Mayor? de Weerd: Yes. Rountree: Is this the same group of folks that sat on this committee previously? Meridian City Council September 7, 2010 Page 28 of 33 de Weerd: Kent Mortensen replaces Joe Kunz, who is no longer with the BCA and he is the general member who they have requested to be his replacement. Rountree: The only reason I ask is that this is a very interesting area and an opportunity to get more people understanding how it works and I just wondered if there was an opportunity maybe to bring some folks that hadn't been through the process in, but if all these of folks are willing to serve on that advisory group, more power to them. de Weerd: There is that Matt Adams as well. He is replacing Angela Lundig. Rountree: Okay. de Weerd: Am I forgetting any of the other changes? I think the rest of them are returning. Nary: That's right. de Weerd: So, there is -- Rountree: There is some new -- there is some new folks and that's good. Madam Mayor, with that information I would move that we approve Resolution 10-740. Bird: Second. de Weerd: I have a motion and a second to approve Item 9-B. Is there any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Works: Well #27 Project Close Out de Weerd: Item 9-C is our Public Work Department. I'll turn this over to Kyle. Radek: Madam Mayor, Council Members, thank you. the Public Works Department has invested a lot of effort in communicating with the Council what our capital improvement program is for the future. We have given you presentations and told you what we are going to do and we thought it appropriate to follow up when we complete significant projects in our capital improvements plan and show you what we have done and Brent Blake is here, he was the project manager on the Well 27 pump house project, which was the culmination of a series of projects to build Well 27 and he's going to provide a real quick project close out report to let you know what we have done. And just a few quick facts about Well 27 before he does that. The well is 651 feet deep. It Meridian City Council September 7, 2010 Page 29 of 33 has well screen from 531 feet to 651 feet. So, 120 feet of well screen and at 651 feet deep it has an artesian head 15.3 feet above ground. So, that means the well flows by itself without a pump at almost a thousand gallons per minute. We pumped that well 24 hours a day, seven days week, for two weeks in April for an unprecedented aquifer test as part of hydrogeologic frame work study. The well was accepted in late May and activated in June and ramped up in July. It has a capacity of about 2,500 gallons per minute, 75 pounds per square inch, which is about 3.6 million gallons per day. And since it was activated in July and August it's pumped 184 million gallons in those two months. And, Brent, can you go ahead and tell us about the project and how we did? De Weerd: Have you already taken Brent's thunder? Radek: Those were just interesting facts. Blake: Good evening, Madam Mayor, Members of Council. Again, my name is Brent Blake, I'm an engineering technician with the Public Works Department. Thank you very much for letting me have the opportunity tonight. I guess I will start out with a little background of the project. The actual production well for Well 27 was completed in early 2008 and it was anticipated that we design and build the pump house surrounding the production well at that time. However, that same time that was going on we were also experiencing some budget constraints and internally decided to delay the project. Later on that -- during that same year 2008 we were somewhat required to shut down Well 10 due to excess uranium levels at the time, so that kind of brought forward the need to go forward with the design and construction of Well 27 pump house. So, we, again, started that design process in November 2008. We got final construction plans approved in April -- April of 2009 and we bid that out for construction in May of 2009. Ultimately Challenger Companies became our contractor. They were awarded the bid in June of 2009 and construction of the well house actually commenced in July of 2009. Overall I think the construction process went very smooth. Had some minor changes, like we had to add a conduit for Idaho Power to get from the pole out by the street to the building. I somehow overlooked that in the design phase. Another one was the relocation of the emergency eye wash fountain inside the building itself. As far as construction schedule, we did miss our targeted completion dates by in excess of 51 days. That was partially due to the City of Meridian's somewhat fault and the contractor's fault. On the contractor's side, I guess, they failed to get the landscaping portion of the project done completely before the onset winter and we had our own problems I think as far as SCADA communications. We thought that it could communicate with SCADA with the tower and the setup that we had, but it turned out we needed a taller tower, I believe, at the -- at the water department, so we worked with the contractor, we let them go ahead and finish their -- their landscaping project throughout the spring months, I guess, of 2010 and that at that time we got that tower up and running as well. Overall, I guess I think that it went very well. As far as budgetwise, we -- the original budget we came in at approximately 412,000 and actual total project cost was approximately 411,000. So, with that I will close that presentation and let you ask me any questions. Meridian City Council September 7, 2010 Page 30 of 33 de Weerd: Thank you, Brent. Any questions, Council? Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Thank you. And do the math or make a guess for me if you would -- about how many residential households does this satisfy the daily needs for? Radek: Generally -- generally speaking, awell -- a well goes for four or five thousand residences, but the way we -- the way we operate on the water supply side, we really can't think that way. We are driven by maximum daily demand, plus fire flow. I don't really work for Tom Barry, I work for Joe Silva, and so it's all about the fire flow when you -- when you're designing water infrastructure. de Weerd: Joe, what power you have. Silva: Madam Mayor, Members of the Council, it's also referred to as team work. Thank you. de Weerd: Well, I think he's heard your message. That's a good thing. Any other questions from Council? Thank you, Brent, for your report and your transparency. We appreciate it. Blake: Thanks. Item 10: Ordinances A. Ordinance No. 10-1455: An Ordinance of the City of Meridian, Idaho Amending Ordinance No. 09-1427, the Appropriation Ordinance for the Fiscal Year Beginning October 1, 2009 and Ending September 30, 2010, Appropriating Monies That Are to be Received by the City of Meridian, Idaho in the Sum of $817,377.00 and Allocating Expenditures and Providing an Effective Date. B. Ordinance No. 10-1456: An Ordinance, Pursuant to Idaho Code §50-1002 AND §50-1003, Providing for a Title and Findings, Providing for the Adoption of a Budget and the Appropriation of $68,263,267.00 to Defray the Necessary Expenses and Liabilities of the City of Meridian, in Accordance with the Object and Purposes and in the Certain Amounts Herein Specified for the Fiscal Year Beginning October 1, 2010 and Ending September 30, 2011; to Levy All Such Appropriate Taxes and Levies as Authorized by Law Upon Taxable Property; and to Collect All Authorized Revenue; to Provide for Meridian City Council September 7, 2010 Page 31 of 33 the Waiving of the 2nd and 3rd Readings Pursuant to Idaho Code §50-902; and Providing for an Effective Date de Weerd: Thank you, Kyle. Okay. Item 10 under Ordinances. We have two ordinances, 10-1455 and 10-1456. Madam Clerk, will you, please, read these two ordinances by title only. Jones: Thank you, Madam Mayor, Members of the Council. City of Meridian Ordinance No. 10-1455, an ordinance of the City of Meridian, Idaho, amending Ordinance No. 09- 1427, the appropriation ordinance for the fiscal year beginning October 1st, 2009, and ending September 30th, 2010, appropriating monies that are to be received by the City of Meridian, Idaho, in the sum of 817,377 dollars and allocating expenditures and providing an effective date. Jones: City of Meridian Ordinance No. 10-1456, an ordinance pursuant to Idaho Code Section 50-1002 and 50-1003, providing for a title and findings, providing for the adoption of a budget and the appropriation of 68,263,267 dollars to defray the necessary expenses and liabilities of the City of Meridian in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1st, 2010, and ending on September 30th, 2011, to levy all such appropriate taxes and levies as authorized by the law upon taxable property and to collect all authorized revenue, to provide for the waiving of the second and third readings pursuant to Idaho Code Section 50-902 and providing for an effective date and the filing of a certified copy of this ordinance with the Secretary of State. de Weerd: Thank you. You have heard the reading of these two ordinances. Is there anyone who would like them read in their entirety? Okay. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve Ordinance 10-1455 with suspension of rules and for the Mayor to sign and Clerk to attest. Rountree: Second. de Weerd: I have a motion and a second to approve Item 10-A. If there is no discussion, Madam Clerk, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council September 7, 2010 Page 32 of 33 Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move that we approve Ordinance 10-1456 with suspension of rules and for the Mayor to sign and the Clerk to attest. Rountree: Second. de Weerd: I have a motion and a second to approve Item 10-B. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Just a comment if I may. Of course, this budget is on record, but I would like to state my appreciation to both the Mayor and all of the department heads who have put a great deal of effort into presenting us with a balanced budget and to repeat again how proud I am that they presented us a budget that does not require our permissible three percent increase in the levy. Just wanted to thank everybody for that. de Weerd: Thank you. Okay. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. de Weerd: We are at the end of our agenda, Council. Do I have a motion to adjourn? Rountree: So moved. Bird: Second. de Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:38 P.M. (//AUD O RECORDING ON FILE THESE PROCEEDINGS) MAYO MMY de WEERD DATE APPROVED Meridian City Council September 7, 2010 Page 33 of 33 ATTEST: JA EE L(J-1OLMAN, CITY C ~, .. ~\\\\`\\\ OF ~~~O~~ti ~~~~% ~ ; .ER ° SEAL ~, 'G ~~o ~ \, %, '9~ ~~'sr ig~ Q ,. Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER: rjA PROJECT NUMBER: ITEM TITLE: City Council Minutes for August 17, 2010 MEETING NOTES (~~prc,~re_c\ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER: rjB PROJECT NUMBER: ITEM TITLE: City Council Minutes for August 24, 2010 MEETING NOTES A-p-p~~ e~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER: rjC PROJECT NUMBER: ITEM TITLE: Addundum # 1 to Task Order with J-U-B Engineers, Inc. Master Agreement Category of Water Supply and Distribution Replacement Design (1 B) Dated April 13, 2010 for the Water Line Replacement-Carlton/State Avenues Project for a Not-to-Exceed Amount of $28,884.00 MEETING NOTES ~~~v2.G\ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~-- ~11b1~C I D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent Blake Engineering Technician II DATE: 8/16/2010 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: ADDENDUM #1 TO THE TASK ORDER WITH J U-B ENGINEERS, INC. (MASTER AGREEMENT CATEGORY OF WATER SUPPLY AND DISTRIBUTION REPLACEMENT DESIGN (1B) DATED 4-13-2010), FOR THE WATER LINE REPLACEMENT-CARLTON/STATE AVENUES PROJECT FOR A NOT TO EXCEED AMOUNT OF $28,884. (NEXT AVAILABLE CONSENT AGENDA) ~~ I. RECOMMENDED ACTION A. Move to: 1. Approve Addendum # 1 to Task Order with J-U-B Engineers, Inc. for the Water Line Replacement-Carlton/State Avenues Project for a not to exceed amount of $28,884. 2. Authorize the Mayor to sign the Addendum. II. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Technician II (Project Manager) 489-0340 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 III. DESCRIPTION A. Background The Public Works Department has budgeted for the replacement of aging water and sewer lines throughout the City. A replacement priority schedule has been completed based on pipe material, size, and age. B. Proposed Protect This project is one of the highest priority water line replacement projects because the current pipes are believed to consist of both cast iron and asbestos. During the design Page 1 of 2 ,~ phase of this project a subsurface investigation was performed to confirm the material properties of the pipe. Additional substandard pipe (more than initially anticipated) was discovered during the subsurface investigation and ultimately added to the project. Therefore, an addendum to the design phase of this project is needed due to additional design tasks. IV. IMPACT A. Strate ig c Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Deliverv Impact: The replacement of the substandard pipes in this project will significantly impact customer service and overall delivery in the following ways; it will reduce the risk of costly pipe breaks, eliminate groundwater infiltration within the project area, ensure that dependable service is provided to current and future customers, increase fire flow capacity, and extend the life of City infrastructure. C. FiscalImpacts: Budgeted Amount transferred from (3490-93510) to (3490-93500) Proposed Additional Obligations (3490-93500) Balance Available for Construction (3490-93500) V. LIST OF ATTACHMENTS A. Original Consultant Task B. Addendum # 1 / C. Change Order # 1 Approved for Council Agenda: $197,924.02 28 884.00 $169,040.02 ~7 0 Warren Ste ate Page Z of 2 ~~E IDR IAN;~- ~J PURCHASING AGENT 33 E. Broadway Ave, Meridian, ID 83642 Phone: (208) 888-4433 x 417 Fax: (208) 887-4813 TASK ORDER NO.10172 Between CITY OF MERIDIAN AND J-U-B ENGINEERS, Inc. This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, sue. covenant and conditions contained in the Master Agreement befinreen the above mentioned parties dated approved by City Council on April 13, 2010. WATER LINE REPLACEMENT - CARLTON/STATE AVENUES PROJECT SCOPE OF SERVICES SECTION 1 -PROJECT UNDERSTANDING The City intends to replace several sections of existing 4" water main with new 8" water main at downtown locations as listed below. The City's preferred method of replacement is pipe bursting and/or splitting. Pipeline replacement utilizing open trench cut-and-cover may be more advantageous in one or more of the replacements, depending on the results of field wrvey, known utility locations, preliminary design, or conwltation with other agencies. All work is anticipated to be in public rights-of-ways. The work will include reconnection of service lines. The sections of water main to be replaced are: A. E. Carlton Ave., N. Main St. to N. East 2nd St. -approximately 400 lineal feet. B. E. Carlton Ave., N. East 5th St. to an existing blow-off to the east -approximately 200 lineal feet. C. E. State Ave., from N. East 2"d St. to N. East 4d' St., approximately 768 lineal feet. Due to the age of the existing water mains, the location where the 4" water mains terminate is not precisely known. Exploratory excavations will be required to detenmine the beginning and end points of the water main replacements. The project will include field topographic survey, preliminary and final design, preparation of technical ,.~-~. special provisions, permitting and agency coordination. The fdlowing additional services will be provided at the discretion of the City: property owner coordination, bidding and construction phase assistance, ,..~ construction staking, erosion and sediment control plan preparation, and record drawing preparation. SECTION 2 -CITY PROVIDED INFORMATION AND RESPONSIBILITIES 2. CitYlnformation and Responsibilities: The following data and/or services are to be provided by the City without cost to J-U-B. 2.1 Provide ongoing review of the J-U-B's work and timely consideration of policy issues at a time acceptable to both the City and J•U-B. 2.Z Provide access to relevant record drawings, master plans, and other relevant information of record. 2.3 Provide waterline sizing, valuing, connection locations, water system isolation plan for construction, and fire hydrant placements. 2.4 Provide identification of service lines to be replaced and the extent of those replacements (i.e. up to meter pit or include meter setter). 2.5 Assist in identifying buildings or properties requiring service connections. 2.b Pay for all permits, fees, or other payments required to secure permitting for construction of the proposed improvements. 2.7 Provide all informational mailings, flyers, and public meeting notices as required for public information. 2.8 Provide a liaison for coordination with affected businesses/landowners/developers in the project area. 2.9 Provide review and approval of all informational materials prepared by J-U-B/Langdon Group for distribution to affected property owners. 2.10 Provide and pay for legal notices for Advertisement of Bid(s). 2.11 Provide and prepare alt front-end documents required by the City Purchasing Department. J-U- B will provide the bid schedule to the City for inclusion in the front-end documents. 2.12 It is understood that J-U-B wilt not provide construction contract management, administration, licensed professional engineer (PE) or a Resident Project Representative (RPR), but that such services will be provided by the City. SECTION 3 --SERVICES TO BE PERFORMED BY J-U-B 3.1-PROJECT ADMINIISTRATION AND MEETINGS Services to be Pertormed by J-U-B: J-U-B will furnish final design services spedfically limited to the following on a time and material basis as shown Attachment B: ~, 2 A. Project Meetings Kickoff Meeting: J-U-B wilt attend akick-off meeting with the City for the purposes of obtain ng project information and to receive any general direction that the City may have with respect to proceeding with the project. At this time, the City will provide the J-U-B with the information pertaining to any design related requirements. Project Review Meetings: J-U-B will attend progress meetings with City as needed during the project to resolve issues and discuss project schedule as they develop over the duration of project design. It is anticipated that two (2) meetings will be required. Miscellaneous Project Coordination Meetings: Attend meetings as required to coordinate the project with utility companies and businesses. 3.2 -SURVEY AND FINAL DESIGN Services to be Performed by J-U-B: J-U-B will furnish final design services specifically limited to the following on a lump sum basis as shown Attachment B: A. Topographic Survey and Temporary Construction Benchmarks J-U-B will research the Ada County Surveyor's records for survey monuments to aid in establishing horizontal control and include research for land monuments, plats, records of survey, and easements of record in the project area. J-U-B will utilize the Ada County G.I.S. mapping to approximately place property lines and adjoining public rights-of-ways. Research will be performed to generally identify ACHD rights-of-ways. Vertical control will be based on 1988 NAVD datum elevation. Land monuments s-~ disturbed by construction will be shown on the Construction Plans to the extent that they are visible in the field or have adequate evidence of existing. J-U-B will complete topographic surveys to the following limits: 1. E. Carlton Avenue corridor, from 50 feet west of the west ROW of N. Main Street to 50 feet east of the east ROW tine of N. East 2"d Street, from the south ROW of E. Carlton Avenue, full width of right-of-way. 2. E. Carlton Avenue corridor, from 50 feet west of the west ROW of N. East 5~" Street to 20 feet east of the east ROW terminus of E. Carlton Avenue, from the south ROW of E. Carlton Avenue, full width of right-of-way. 3. E. State Avenue corridor, from 50 feet west of the west ROW of N. East 2"~ Street to 50 feet east of the east ROW Line of N. East 4~' Street, from the south ROW of E. State Avenue, full width of right-of-way. J-U-B wilt schedule apre-locate meeting with Dig-Line notified utilities and attend a site meeting with affected utility companies for the purpose of requesting field locates and maps of subject utilities such as gas, power, telephone, storm drainage, cable T.V., street lighting, traffic signals, irrigation, and other utilities that respond to the request for utility locate. Utilities depicted on the Plans as a result of this task will not be verified and must be field verified, located, and protected by the Contractor during construction. Topographic features will be shown on the Construction Plans to the extent that are identified in the field survey or located by the utility companies such as fences utility poles, surfacing, culverts, storm drains, drainage structures, significant vegetation, drain flowiines and top of banks, sidewalks, curbs, gutters, driveways, utilities, and edge of pavement. 3 B. Design 1. Preliminary Design: J-U-B will complete preliminary design of water main alignments, and su mgt preliminary layout exhibits to the City for review. Preliminary design will include evaluation of water main replacement methods for each of the three locations with a recommendation for replacement method. One meeting with City staff to review replacement methods wilt be held. 2. Final Design: Final design of the water main replacements and water service lines to the existing meter pits will be completed by J-U-B with considerations made for sanitary separation per State Public Drinking Water Regulations, ACRD surface repair requirements, surface disturbance, water service impacts, constructability, traffic issues, utility conflicts, and other pertinent design issues. G. Topography and Design Drafting J-U-B wilt perform design drafting in AutoCAD 2009 for the construction plans which will include the City's standard notes, vicinity maps, sheet indexes, north arrows, topography, pipe size, type, fitting, surface repair, crossing requirements, property lines, easements, found monuments and property corners, land ownerships from Ada Gounty GIS, survey control, pay limits, and special details necessary for a biddable product. Drafting will be completed on 24"x36" sheets, ANSI standard size "B" sheets. To the extent practicable, the 2008 City of Meridian Standard Specifications and Drawings for Construction will be utilized in the design. D. Special Provisions Special provisions will be in accordance with the 2010 Edition of the Idaho Standard Public Works Construction (ISPWC) format and with reference to the 2008 City of Meridian Supplemental Specifications and Drawings. J-U-B will be responsible for preparing Special Provisions necessary for the project. E. Plan Review and Revisions 1. Upon 50% completion of the plans and specifications, J-U-B will submit review sets of plans to the Gity for review. 2. Upon 90% completion of the plans and specifications, J-U-B will submit review sets of plans to the City for review. 3. A senior J-U-B staff engineer will conduct an in-house quality control and constructability review of the construction plans and contract documents. 4. J-U-B will incorporate appropriate revisions made by the City and other permitting agencies into the final set of plans and specifications F. Opinion of Probable Construction Gost J-U-B will develop and issue to City an opinion of probable construction cost for the construction project and any bid alternatives. .~ SECTION 4 - ADDITIONAL. SERVICES 4.1 EXPLORATORY EXCAVATIONS Services to be Performed by J-U-B: 4 J-U-B will furnish services specffically limited to the following on a time and materials basis at an assumed ,r,~ level of effort depicted on Attachment B and described herein: A. l:xplQratorv Excavation Coordination 8 Documentation In coordination with the City, J-U-B will identify key areas for exploratory excavations to determine existing water main depth, materials and size and/or determine other utility locations. J-U-B will employ the services of a subcontractor to perform exploratory excavation. For the purposes of estimating fees, it is assumed six (6) exploratory excavations will be performed. 4.2 PROPERTY OWNER COORDINATION Services t be Performed by J-U-6: J-U-B will furnish services specffically limited to the following on a time and materials basis at an assumed level of effort listed on Attachment B and described herein: A. Property Owner Communication -Design Phase During final design, J-U-B (through its subsidiary The Langdon Group [TLG] will prepare a project information sheet {or "mailer") for delivery to property owners/residents that will be temporarily affected by the project through interruption of water service or access to their property. The information sheet will provide: • Reason for project (i.e. benefits) • Project construction schedule • Estimated length of impact (either water service or access) and anticipated mitigation efforts ~'"`~~ Expected construction impacts (see "impacts" described below) • Contact information of J-U-B (TLG) for questions, comments and concerns through the life of the project. J-U-B/TLG will hand deliver project information sheet to those properly owners immediately fronting the project limits. "lmpacts" include road closures/detours, noise and vibrations, and other construction impacts that may be determined as the design process progresses. In the course of these visits, TLG staff can address citizen concerns and answer questions about the project. Deliverables: • Design Phase project information sheet • Summary of resident issues/concerns from door-to-door visits Assumptions: • An estimated total of up to 25 project information sheets will be hand delivered. • J-U-B/TLG to draft text and coordinate edits, revisions with City • TLG to provide design/layout; prepare for production • Printing will be performed in-house by J-U-B/TLG (up to 200 copies} • POF versions of information materials provided to City staff for pasting on City web site • Mailing, bulk mail processing, postal and mailing list fees will be paid for by the City • City to manage and oversee all aspects of distribution of mailer and identify those to whom it mails. B. Property Owner Communication -Construction Phase !"`~ After the City awards the constructian contract to the successful bidder, J-U-B/TLG will, in coordination with the contractor and City staff, prepare an updated project informational flyer for 5 distribution to affected and potentially affected property owners, residents and businesses. For properties immediately fronting the water main replacement areas, the flyers will be hand- ~ delivered. The flyer will be mailed to other properties within 300 feet of the project areas. The informational flyer will provide: • Reason for project • Projected dates for work in each area • Description of work, material staging area(s), work set-up areas, etc. • Process by which Contractor will notify property owners of interruption of water service • Expected duration and time of day of water service interruption and City or Contractor mitigation efforts, if any (e.g. temporary sanitary facilities, temporary water connections) • General traffic control plans and restrictions • Contact information for Contractor and key City staff Deliverables: • Construction Phase project information sheet/mailer Assumptions: • For efficiency, construction information sheet text and layout to be based upon format {text and layout) used during the Design Phase • J-U-B/TLG to provide updated text and coordinate edits, revisions with City • J-U-B/TLG to provide design/layout; prepare for production • J-U-B/TLG will develop customized mailing list; to include stakeholders from Design Phase • Printing, mailing, bulk mail processing, postal and mailing List fees will be paid for by the City • City to manage and oversee all aspects of printing and distribution process of mailer y-~ PDF versions of information materials provided to City staff for posting on City web site • An estimated total of up to 200 information flyers will be mailed. C. Stakeholder Database J•U-B/TLG will build a database of all stakeholder contacts and project participants. The database is an information resource that can be used for mailing, emailing and phoning contacts. TLG will continually update database throughout the project. Deliverable: • Stakeholder Database (reports provided in Microsoft Excel format; ongoing stakeholder interactions to be tracked and documented via Access database) • Documentation of Stakeholder comments and interactions into Database 4.3 AGENCY PERMITTING ~ COORDINATION Services to be Performed by J-U-B: J-U-B will furnish services specifically limited to the following on a time and materials basis at an assumed level of effort depicted on Attachment B and described herein: A. ACRD Coordination J-U-B will coordinate and schedule a meeting with ACRD to project design and construction phase constraints in the public ROW. Coordination with ACRD is anticipated to include: 1) determining if .~"`` any road improvements are anticipated in the foreseeable planning period, 2) obtaining pertinent 6 design requirements and material specifications for surface repair, and 3) identifying major traffic control requirements for inclusion in the project manual special provisions. J-U-B will submit 90% '"'~ review plans to ACRD for approval. B. DEO Aoorovals If directed by the City, J-U-B will coordinate with DEQ and submit the 90% review plans, special provisions and DEQ Checklists to the Idaho Department of Environmental Quality. C. Sediment and Eroslon Control Plan J-U•B will prepare a sediment and erosion control plan in accordance with City of Meridian requirements and standards, and submit the plan to ACRD for approval. 4.4 BID AND AWARD SERVICES Services to be Pertormed by J-U-B: J-U-B will furnish services specifically limited to the following on a time and mateHals basis at an assumed level of effort depicted on Attachment B and described herein: A. Bidding, Publishing, and Administration J•U-B will provide 20 sets of the Plans, Special Provisions, and bid schedule for the City's incorporation into its standard bidding documents for bidding purposes. It is assumed that the City will prepare all "front-end" documents except the bid schedule and that bidding documents will be distributed through the City's Purchasing office. J•U-B will provide bid administration services to coordinate the Bid process with the City, prepare addenda when necessary during the Bid process ~. to clarify bidding requirements, and attend apre-bid meeting to assist in answering bidders' questions. Legal notice for advertisement of Bid will be prepared by and paid for by the City. 6. Bid Opening and Award J-U-B wilt attend the bid opening, revi~- the bid abstract prepared by the City, review bidder qualifications, if necessary and provide a recommendation for contract award to City. 4.5 CONSTRUCTION SERVICES Services to be Performed by J-U-B: J-U-B will furnish services specifically limited to the following on a time and materials basis at an assumed level of effort depicted on Attachment 8 and described herein. It is assumed that the City will provide construction services as Listed in Section 2. A. Preconstruction Conference J•U-B will attend apre-construction conference for the project with the contractor, City, ACRD, and other parties. B. Construction Assistance J-U-B's project manager will be available during construction on an as-needed basis as requested by the City to answer questions or provide clarifkations of the Plans, Special Provisions or Technical Specifications. 7 C. Record Drawings J-U-6 will prepare record drawings from drawings and data received from the Contractor and City's staff. TIME OF PERFORMANCE Task 3 -Project Admin, Meetings, Survey and Final Design -Completed within 60 calendar days of Notice to Proceed. Tasks 4.1 through 4.3 -Exploratory Excavation, Property Owner Coordination, Agency Permitting & Coordination -Completed within 60 calendar days of notice to Proceed, with the exception of 4.2.8 which will be completed during the construction contract period. Task 4.4 -Bid and Award Services -completed as required by City's bidding and contract award schedules. Task 4.5 -Construction Services -Completed during construction contract period, with the exception of Task 4.5.A, which will be completed within 30 days of receipt of marked-up drawings from the Contractor and the City. COMPENSATION ~Yy The CITY will pay ENGINEER for its services and reimbursable expenses as follows: Refer to Attachment J ~ Y~11• CITY OF MERID AN -- ~ J -B ENGIN ERS, Inc. BY: ~'~~~ t;~GG • TAMMY de WE ,MAYOR BY: Approved by City o- iv __.__~,,,,,~1~1~,,,,~Aated: J L Attest: ApprOVOd t0 OntAn ''~~ii~~~~r,Y,"`Vtlri~nt App val BY: BY: KEIT S, RASING AGENT TITLE: :..aar~ ~G~i%~iwr.~ ~""'~ Dated: /' /3 ' ~y Dated: '~ T'~S-~0~~ 8 ~~~ a Z 0 qJ V Z W g a W O: W Z a 3 5 0 u FJ W Z W g d W °m g m a ~ ~ £ \ $i ~ N N a • . ~ . ~ ~ ~ h - 0aryq ~ cY^q~ •~" • ~~ ' e~r ~N ~N rl H Ou^- el N M N H `. 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O ~ ~ ~ ~ `~~j ~ yC~ ' ~ ia ~ ~ ~ r ~ ~ C M ~ Q R G A • O 1~1 ~ ~ 3 ~ ~ ~'3 ~ ~ ~ ~ y a ya ~ ~ ~ a ~ C W 3 ti ~ ~ C C N ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ `~ C ~0 4j ~ d ~ C A ~ W N ~ ~ S w * h ll ~ ~ d °~ ~ N d ~ $ ~ 6 ~ ~ 0 g ~ ~ - ~ ~ ~ C - ~ ~ a- ~ a ad c3 d ~ ~+: a P d ~ ~ ~ ~ ~ ~ G ~ G ~ ~~""t Q Z O W d d ~ w W ~ Z 3 ~m 0 sFZ W W v ~`. 1~ ~~~~~ E ~~~~.. ~ ~ ~ ~ ~ ~ W{ cif oi{ dl 4 ~ ~ ~ ~ t ~ c 0 9 aY c ~ Q C ~ ~ ~ ~Z C ~ W ~ W t 6 A ~P~~~~m .~ n .+ n m a m rri d .f .f a Yom? `, J•U•B ENGINEERS, Inc. Addendum No. f, Attachment 'A' - 10.10.019 July 23, 2010 ATTACHMENT "A" TO ADDENDUM NO. 1 Agreement to Provide Engineering Services MERIDIAN PUBLIC WORKS DEPARTMENT WATER LINE REPLACEMENT - CARLTON/STATE AVENUES PROJECT Section 1 -Scope of Engineering Services The ENGINEER shall furnish the services specifically limited to the following: 1. Task 1 -Additional Services: Survey and Final Design 1. E. Carlton Avenue, N. East 4th St. to N. East 5`h St.: The proposed water line replacement limits will be extended approximately 380 feet to the existing gate valve located at the intersection of N. East 4 Street and Carlton Avenue. This work will include services for "Survey and Final Design" as defined in Task Order No. 10172, Section 3.2. It is anticipated that one additional plan sheet wilt be prepared and incorporated into the construction plans. 2. E. State Avenue, N. East 2"d St. to Cathy Lane: This portion of the proposed water line replacement project will be removed from the Plan Set to be bid in FY2010. E. State Avenue portion of the project will be included in a separate Plan Set which the City intends on bidding in the FY2011. The proposed water line replacement limits will be extended to include replacement of the 4-inch water main located between N. East 4th Street and Cathy Lane, approximately 800 feet. This work will include services for "Survey and Final Design" as defined in Task Order No. 10172, Section 3.2. It is anticipated that a cover sheet, general ~ notes/index sheet, three (3) plan sheets, and a detail sheet will be prepared and incorporated into the FY2011 construction plans. 2. Task 2 -Additional Services: Exploratory Excavations E. Carlton Avenue Exploratory Excavation,~N. East 5th to N. East 4th St.: Additional exploratory excavations will be performed in E. Carlton Avenue to determine the limits of the existing 4-inch water main. During initial exploratory excavations on the west side of N. East 5`h St., we discovered that the 4-inch water main was extended to the west beyond the original project limits. We anticipate two (2) excavations and associated ACRD permits will be necessary to determine the limits of the existing 4-inch water main. This work will include services for "Exploratory Excavations" as defined in Task Order No. 10172, Section 4.1. 2. Task 2 -Additional Services: Proaertv Owner Coordination 1. E. State Avenue, N. East 2nd St. to Cathy Lane: This portion of the water line replacement project will require additional property owner coordination prior to the construction of this project in the FY2011. Property Owner Coordination services for this portion of the water line replacement project will be performed as defined in Task Order No. 10172, Section 4.2. 3. Task 3 -Additional Services: Agency Permitting R Coordination 1. E. Carlton Avenue, N. East 4th St. to N. East 5th St: This portion of the water line replacement project wilt require a Sediment and Erosion Control Plan. It is anticipated that one additional plan sheet will be prepared and incorporated into the construction plans. Agency Permitting City of Meridian -Task Order 10171, Addendum 1 Water line Replacement -Carlton/state Avenues Project Page - I ~~ J-U-B ENGINEERS, Inc. Addendum No. 1, Attachment 'A' - 10• f0~019 July 23, 2010 and Coordination services for this portion of the water tine replacement project will be pertormed as defined in Task Order No. 10172, Section 4.3. 2. E. State Avenue. N. East 4"d St. to Cathv Lane• This portion of the water line replacement project will require a Sediment and Erosion Control Plan. It is anticipated that one additional plan sheet will be prepared and incorporated into the construction plans. Agency Permitting and Coordination services for this portion of the water line replacement project will be performed as defined in Task Order No. 10172, Section 4.3. 4. Task 4 -Additional Services: Bid and Award 1. E. State Avenue. N. East 2"d St. to Cathy Lane: Bid and Award services for this portion of the water line replacement project will be performed as defined in Task Order No. 10172, Section 4.4. 5. Task 5 -Additional Services: Construction Services 1. E. State Avenue. N. East 2nd St. to Cathv Lane: Construction services for this portion of the water line replacement project will be performed as defined in Task Order No. 10172, Section 4.5. Section 2 -Compensation 1. The CITY will pay ENGINEER for its services and reimbursable expenses as follows: Refer to ADDENDUM NO 1 ATTACHMENT "B° -LABOR AND EGIUIPMENT DETAIL CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Dated: J- B ENGIN ERS, Inc. B . oared: ~'~2~(l o Approved by City Council: Attest: JAYCEE L. HOLMAN, CITY CLERK Approved as to nt nt BY: KEIT Q P ING AGENT Dated: ( ~/~CJ City of Meridian -Task Order 10172, Addendum 1 Water Une Replacement - CarltonlState Avenues Protect Depart Approve BY: TITLE: •~G-tta a v-: I G.. /i?AJI~/lr.~ Dates: -Z v Page - 2 C`\ J 0 Z W a Q Z Q ~. O m m Z W Q Q Z 0 z W 0 Q H H a 0 J V Z W W g a O: W J W Q 3 Z ~. 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J .d C O ~OD ry J m C ar L O ~ C O O UC 071 C N ~ c Q N O O G V' V H m ~ ~ in •C ~ L y G _C C G ~ i y l ~ o p a 3. a a ~ ~^ o „ ~ ~ c z n ~ z w ` I o ` 4 v_ n H in w a m ~ u Y .+ N ., N M V ~+i ni v o V V N ~~ O 0~0 N Vf d 1 O O CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 Change Order No.: - 1 Project Number. 10172 Date: 8J1712010 Etfeilive Date: 8117/Z010 CONTRACT CHANGE ORDER ~„"`~, CONTRACTOR: J-U-B Engineers PROJECT: Waterline Replacements-CaritoNState Avenues The Contractor is hereby directed to make the following changes from the Contract Documerrts and Plans. Desilption: 1) Additional design services. Resson for Change OMer. i8orial water pips to be replaced was discovered during subsurface irnsstigations. Therefore, additional design services are required. Attachments: Attachment A CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $46,640.00 Original Contract Completion Date: 0 anal Contrail Com etion Da Net changes from previous C.O.'s.: Net Days change form previous C.O.'s: No. Q to Q No. Q to 0 $0.00 Contrail Price Prior to this C.O.: Contract Completion Date before this C.O.: $46,640.00 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $28,884.00 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved Ci.O: s: $75,524.00 STRUCTION MANAGER) N DED: (C O N RECOMME ACC ED (CO~ T R) . • } - ~ Q By: Brant A. Blake B)r ~ ( ~~ ~~`^ Date: 8/17/2010 Date: ~ ~ Z~~ ( ~ APPROVED: (CITYPURCHA INCA N COUNCILAPPROVAL / t ~ ~ ~ ~' u By: Keith W ' .~~ ~ ' ~`` .r .~",~ cc~ , ~ ~; •~~~. ~ ,, q ?~, Date: ~ ~~ Date: ~ - ' ~ ~i~ i% 'f0 f C~ o ~ D ~2J i q S' e • Ma r Ta ee y. yo rd By: City Clerk, cee H o .,, ~ T. '',~ or o'~ `~'' `~' ~ Date: Dete: Q ~£ ~~ T ~ '~ ' ~~ .`J a. - v:'i~rvx - Ra.+ a 'r ~~ ~: Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER: rj~ PROJECT NUMBER: ITEM TITLE: Independent Contractor Services Agmt with Varsity Contractors, Inc. for Janitorial Services through September 30, 201 1 for aNot-to-Exceed Amount of $108,579.72. MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~_ ~ ~_~ ~_ ~ ~ Or~C(inctl -Fa S~CY~2 OY~ ~ ~ ~,~ -f~ ~wc~ n~ Q " ~/Gt,rs ~ ~ ~u~~C. AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 6th day of September , 2010, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Varsity Contractors, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 2100 South Cole Road, Boise, ID 83709. INTRODUCTION and Whereas, the City has a need for services involving Janitorial Services ; WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor, excluding software, under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish aa~d use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by JANITORIAL SERVICES AGREEMENT - page 1 Of 40 applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Exhibit C "Payment Schedule" attached hereto and by reference made a part hereof for aNot-To-Exceed amount of $108,579.72. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) JANITORIAL SERVICES AGREEMENT - page 2 Of 40 September 30, 2011 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 This agreement may be renewed on an annual basis for up to four (4) additional one year periods. Contractor may request a review for a price adjustment no later than 60 day prior to the end of the current contract period. The City reserves the right to either accept or reject any price adjustments submitted by contractor for any contract extension. 3.3 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement, if default is not corrected by Contractor within seven (7) days, by giving written notification to Contractor. 3.4 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit C of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.5 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least forty-five (45) days notice to CITY. JANITORIAL SERVICES AGREEMENT - page 3 Of 40 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the JANITORIAL SERVICES AGREEMENT - page 4 Of 4~ CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. JANITORIAL SERVICES AGREEMENT - page rJ Of 40 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Varsity Contractors, Inc. Attn: Dwayne Gray 2100 South Cole Road Boise, ID 83709 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. JANITORIAL SERVICES AGREEMENT - page 6 Of 40 11. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Work to be pertormed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. JANITORIAL SERVICES AGREEMENT - page 7 Of 41J 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 20. Order of Precedence: The order or precedence shall be this Agreement, the Request for Proposal document, then Varsity Contractors, Inc. response to the RFP. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN VARSITY CONRTRACTORS, INC. BY:_ / ~~~ TAMMY de EERD, MAYOR BY: Dwayne Gray Dated: ~ ~' ~U I c~ Attest: Dated: ~ f ~ ~~ ~~..._ GAR o~ ~~ ~~, * D S~r~~. 4 ~, ~ . ERK JANITORIAL SERVICES AGREEMENT - page $ Of 4l) Approved as to Content BY: KEITH TTS, PU RASING MANAGER Dated: q 3 Approved as to Form DEPUTY CITY ATTORNEY Building Maint. Division Approval Q~r~.- NAME: John McCormick TITLE: PW Business Operations Mgr. Dated: ~~'~ /fib __ JANITORIAL SERVICES AGREEMENT - page 9 Of 4~ Exhibit A SCOPE OF WORK Varsity Contractors Inc. (contractor) shall be responsible for cleaning all facilities listed below, per the Scope of Work in the RFP and to the standard described in the following "Cleaning Standards". The "Cleaning Standards" shall be the guiding document used to determine cleaning satisfaction and compliance with this agreement. The City of Meridian Building Maintenance Technician will use this document to determine if satisfactory cleaning service has occurred and request correcting action if not. The "Minimum Cleaning Schedule" section attached hereto are minimum services provided regardless of the Technicians findings. Contractor shall supply all chemicals and obtain the City's approval prior to their use. Contractor will be responsible for managing all janitorial paper products for all facilities. Contractor will set minimum and maximum quantities, keep inventories between these levels and place orders through the Technician when needed. The Technician will place and receive and all orders. Contractor shall attend a monthly quality inspection walk through with the Manger to verify all standards are .being met and to point out deficiencies. Locations to be cleaned are listed below. BUILDING TITLE LOCATION SQUARE FOOTAGE Ci Hall 33 East Broadwa ,Meridian 85,633 Police Station 1401 E. Watertower, Meridian 30,000 Water Administration 2235 NW 8 St., Meridian 10,635 Wastewater Admin 3401 N. Ten Mile, Meridian 4,490 Parks Field Office 11 West Bower, Meridian 3,360 Meridian Community Center 201 E. Idaho, Meridian 4,200 Figures are approximate. JANITORIAL SERVICES AGREEMENT - page 10 Of 40 Cleaning Standards The following cleaning standards shall be used on a daily basis and during the quality assurance inspection process to assess the quality of cleaning. A. Entrances 1. Mats and carpet shall be free of spots, stains, gum, dirt and debris without causing damage. They shall appear visibly and uniformly clean. Adjoining walls, doors and floor surfaces shall also be free of dust, soil and cleaner residue. 2. Glass and metal surfaces shall appear streak-free, film-free and uniformly clean. This includes the elimination of dust and soil from sills, ledges and heat registers. 3. Corners and thresholds shall be free of dust, cobwebs, dried-soil, crud, finish build-up and debris. These areas shall appear visibly and uniformly clean. This includes the elimination of cleaner residue and dried-slurry. 4. Floors and cove bases shall be free of dust, cobwebs, dried-soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip- resistantseal and finish applied that result in a consistent high-shine, unless otherwise directed by CITY. Floors shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. 5. Walls and fixtures shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. Walls behind waste/trash cans need to be cleaned. B. Elevators Tracks shall be free of dirt and debris. Tracks shall appear visibly clean. This includes the elimination of standing water from wet cleaning procedures. 2. Walls and doors shall be free of dust, cobwebs, soil, spots and stains without causing damage. They shall appear streak-free, film-free and uniformly clean. Bright metal surfaces shall be polished to ahigh-shine. This includes the elimination of polish residue and/or film. 3. Floors, carpet and cove bases shall be free of dust, cobwebs, dried soil, soil, gum, spots, stains and other debris. Hard/resilient floors shall have multiple coats of a slip resistant seal and finish applied that result in a consistent high-shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This includes'the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. JANITORIAL SERVICES AGREEMENT - page 'I ~ Of 4~ C. Corridors 1, Floors and cove bases shall be free of dust, cobwebs, dried-soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip- resistantseal and finish applied that result in a consistent high-shine, unless otherwise directed by CITY. Floors shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. 2. Walls and fixtures shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 3. Glass and metal surfaces shall appear streak-free, film-free and uniformly clean. This includes the elimination of dust and soil from sills, ledges and heat registers. 4. Water fountains shall be free of dust, cobwebs, soil, scale and water spots without causing damage. Bright work shall be disinfected and polished to a streak-free shine. Water fountains shall appear visibly and uniformly clean. This includes the elimination of film and cleaner residue. D. Stairwells 1. Rails and walls shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This included the elimination of film, streaks, lint, standing water, cleaner residue or film. 2. Steps and landings shall be free of dust, cobwebs, dried soil, gum, stains and debris. This includes risers and cove bases. These surfaces shall appear uniformly smooth and clean without leaving dust streaks, lint, standing water, cleaner residue or film. E. Restrooms Special. Note: Maintaining a sanitary restroom environment that minimizes the possibility ofcross-infection is considered of the highest priority by CITY. Sanitation levels shall be closely monitored by inspection, and approved testing methods. 1. Dispensers shall be free of dust, dried-soil, bacteria and soil without causing damage. These surfaces shall appear visibly and uniformly clean and disinfected. This includes the elimination of film, streaks and cleaner residue. Dispensers shall be refilled when required with proper expendable supply item. 2. Hardware shall be free of dust, soil, bacteria and scale without causing damage. Bright work shall appear visibly and uniformly clean, disinfected and JANITORIAL SERVICES AGREEMENT - page 12 Of 4~ polished to a streak-free shine. This includes the elimination of polish residue. 3. Sinks shall be free of dust, bacteria, soil, cleaner residue and soap film without causing damage. They shall appear visibly and uniformly clean, and polished-dry. This includes the elimination of streaks, embedded soil, film and water spots. 4. Mirrors shall be free of dust and soil. Mirrors and surrounding metal framework shall appear streak-free, film-free and uniformly clean. 5. Toilets, toilet seats and urinals shall be free of dust, cobwebs, bacteria, soil, organic matter, cleaner residue and scale without causing damage. These fixtures shall appear visibly and uniformly clean, disinfected and polished-dry. This includes the elimination of streaks, film and water spots. 6. Partitions and ledges shall be free of dust, cobwebs, soil and graffiti without causing damage. Partitions shall appear visibly and uniformly clean, disinfected and polished-dry. This includes the elimination of streaks and film 7. Waste containers shall have contents removed and can liners replaced. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 8. Walls and doors shall be free of dust, cobwebs, soil, spots and stains without causing damage. These surfaces shall appear visibly and uniformly clean/disinfected. This included the elimination of film, streaks and cleaner residue. Ceramic walls, wainscots, metal kick plates, handles and push plates on doors shall also be polished-dry. 9. Floors and baseboards shall be free of dust, cobwebs, soil, gum, stains and debris. Floors shall have multiple coats of aslip-resistant seal/finish applied that results in a consistent high-shine, unless otherwise directed by CITY. Floors and cove bases shall appear visibly and uniformly clean and disinfected. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. 10. Air vents shall be free of dust, cobwebs, and soil. This also pertains to air distribution units and exhaust vents. They shall appear visibly and uniformly clean. 11. Light fixtures shall be free of dust, cobwebs, and soil without causing damage. Diffusers shall remain in proper position, and appear streak-free and uniformly clean. JANITORIAL SERVICES AGREEMENT - page 13 Of 4U F. Common Areas and Copier Areas 1. Counters and equipment shall be free of dust, without causing damage. The shall a cobwebs, dried-soil and soil includes the elimination of cleaner residues strealks and filmrmly clean. This 2. Walls and doors shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 3. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 4. Floors, carpet and baseboards shall be free of dust, cobwebs, dried-soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of aslip-resistant seal and finish applied that result in a consistent high- shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This included the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. G. Offices/Cubicles Common area furniture and equipment shall be free of dust, cobwebs, dried- soiland soil without causing damage. They shall appear visibly and uniformly clean. This includes the elimination of cleaner residue, streaks and film. Individual office desks and work surtaces will be cleaned by CITY of Meridian employee. 2. Lamps shall be free of dust, cobwebs, dried-soil and soil without causing damage. Lamps shall appear visibly and uniformly clean. This includes the elimination of streaks, cleaner residue and film. 3. Walls and doors shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surtaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 4. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. JANITORIAL SERVICES AGREEMENT FY 10-11 - page 14 Of 40 5. Partitions and ledges shall be free of dust, cobwebs, soil and graffiti without causing damage. Partitions shall appear visibly and uniformly clean. This includes the elimination of streaks, film and cleaner residue. 6. Floors, carpet and baseboards shall be free of dust, cobwebs, dried-soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of aslip-resistant seal and finish applied that result in a consistent high- shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. H. Kitchens/Breakrooms 1. Cabinets, refrigerator and microwave exterior tops, sides and front shall be cleaned and free of dust, soil, cleaner residue and soap film. Sinks and fixtures shall be clean and sanitized. 2. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of any offensive odor emitting from the container. Walls adjoining waste container require special attention and need to be kept clean. 3. Floors and Baseboards shall be free of dust, cobwebs, soil, gum, stains and debris. Floors shall have multiple coats of aslip-resistant seal/finish applied that results in a consistent high-shine, unless otherwise directed by CITY. Floors and cove bases shall appear visibly and uniformly clean and disinfected. This included the elimination of dust streaks, lint, standing water, cleaner residue and film. 4. Walls and fixtures shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. I. Conference Rooms 1. Walls and doors shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 2. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be JANITORIAL SERVICES AGREEMENT FY 'I ~-~ ~ - page ~ 5 Of 4~ cleaned and disinfected. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 3. Tables and chairs shall be free of dust and soil. These surfaces shall appear visibly and uniformly clean and free of all finger prints. 4. Floors, carpet and baseboards shall be free of dust, cobwebs, dried-soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of aslip-resistant seal and finish applied that result in a consistent high- shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. J. Reception Areas 1. Walls and doors shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 2. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 3. Tables and chairs shall be free of dust and soil. These surfaces shall appear visibly and uniformly clean. Tables are to be wiped clean and dried spot free. 4. Floors, carpet and baseboards shall be free of dust, cobwebs, dried-soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of aslip-resistant seal and finish applied that result in a consistent high- shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. Chairs shall be moved occasionally to vacuum underneath. This includes the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. K. Miscellaneous Air vents shall be free of dust, cobwebs, and soil. This also applies to air distribution units and exhaust vents. They shall appear visibly and uniformly clean. JANITORIAL SERVICES AGREEMENT FY 1 ~-11 - page 16 Of ~ 2. Light fixtures shall be free of dust, cobwebs, and soil without damage. Diffusers shall remain in proper position, and a causing and uniformly clean. ppear streak-free 3. Ceilings shall have all cobwebs removed. 4. Microwave interior and refrigerator interior shall be defined as additio services for an additional fee. nal L. Janitor Closets and Storeroom 1. Shelves -Shall be free of dust, cobwebs, dried-soil and soil. The sh appear visibly and uniformly clean. Supplies and equipment shall bel stocked/organized, neatly on shelves. 2. Janitor carts shall be free of dust, cobwebs, dried-soil and soil. The sha appear visibly and uniformly clean. Supplies and equipment stored on j nit Ir carts shall also be free of dust and soil, and organized, neatly. 3• Walls shall be free of dust, cobwebs, dried-soil and soil without causin damage. They shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 4. Utility sinks shall be free of dust, cobwebs, soil, cleaner residue and soa film. Utility sinks shall appear visibly and uniformly clean. This includes the elimination of streaks, embedded soil, film and water spots. 5. Bright work shall be cleaned, de-scaled and polished. 6. Floors shall be free of dust, dried-soil, Hard/resilient floors shall have multiple coats of aoslip-res stant seal and finish applied that result in a consistent high-shine, unless otherwise directed by CITY. Floors shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. M. Trash RemovaU7'rash Containers 7. Waste removal shall be to containers designated by CITY and shall be deposited in such a manner that contents will not fly around causing a mess or nuisance. 2• Waste containers shall be fitted with a liner. JANITORIAL SERVICES AGREEMENT FY 10-11 - page 17 of 40 Exhibit B Task Frequency Sheets Contact: Eric Jensen Phone: (208) 489-0374 Fa Internal Stairwells and Main Halls from all Entry Doors, all Stairwell Doors, & Elevators Task Weekl Month) Quarter) Comments Carpet Areas 8 Floor Mats: 5x Thoroughly vacuum using beater bar/brush type vacuum, out minimum 40 feet. Hard surface floors: 5x Vacuum loose dirt & debris, then remove stains/spills with non-tracking, no-buildup cleaner Hard surface floors: 1 x This includes all hard Scrub and buff surface floors in cit hall Annually Strip all the and linoleum floors Apply wax and sealer to all the Annually and linoleum floors Elevator Cars Task Weekl Month) Quarter) Comments Floor: Tile 5x Vacuum loose dirt & debris, then remove stains/spills with non-tracking, no-buildup cleaner Walls: Wipe down with 5x a ro riate streak free cleaner JANITORIAL SERVICES AGREEMENT FY 10-11 - page 18 Of 40 Elevator control panel: 5x (inside and outside elevator) Wipe clean with appropriate sanitizin cleaner. Door Threshold: (all floors) Vacuum, then wipe clean with 5x appropriate no-buildup metal cleaner. All Occu ied Office S aces -All floors Task Weekl Monthl Quarterl Comments Trash: 5x Empty (new can liner if needed Floors: Vacuum entire office 5x area (individual offices, halls, co ier room etc Dust: Top of all furniture, 1x equipment, counters, picture frames etc Recycle Bins: Empty recycle 1x bins in each cubicle and office Art Galle - 3rd Floor Task Week Monthl Quarterl Comments Trash: 5x Empty (new can liner if needed Floors: Vacuum entire gallery 5x area Dust: Top of all furniture, 1 x equipment, counters, picture frames etc All Building Entrances and Basement Elevator Approaches Task Weekl Monthl Quarterl Comments JANITORIAL SERVICES AGREEMENT FY 1 ~-11 - pa96 19 Of 40 Clean trash race tacles 1 x Vacuum steps and landing 5x area, Vacuum floor mats with beater bar/brush. Nard surface floors, vacuum 5x then remove spillslstains with non-buildup cleaner. Spray buff monthly 1x Clean doors and glass, Clean 5x and sanitize door handles Kitchen and Break Areas Task Week Monthl Quarter) Comments Clean and sanitize counters and table to s 5x Clean sinks and fixtures 5x Clean top and front of 5x Not required to clean inside refrigerators and microwave of appliances. ovens Floors: Hard surface treat as 5x See Internal Stairwells above, car et vacuum dail above. Towel Dispensers: Check 5x dail and refill as needed General Cleaning of Offices, Cubes, Conferences, Common Areas, Reception Areas and Copy Rooms Task Week Monthl Quarter) Comments See hall and entrance Vacuum low traffic halls, entire 1x requirements above. offices and entire conference Backpack vacuuming in room these areas are exactable Mechanical Agitation of halls, 1 x entire offices and entire conference rooms Empty wastebaskets (new 5x liners as needed JANITORIAL SERVICES AGREEMENT FY 1 ~-11 - page ZO Of 4~ Dam wi a and d counters 5x Clean and sanitize drinking 5x fountains Doors: Clean and sanitize 5x handles both sides Doors: Clean glass, both 5x sides High dusting: 1 x Window led es Vacuum or clean vents and 1 x Determine which week grills (low and high) including ceilin Dust tops of cabinets, pictures 1 x Determine which week frames, led es and artitions S of clean walls, artitions 5x Window Blinds: Determine which week Dust 1 x Wipe blinds with no streak, no Annually Determine which month buildup cleaner or ultra sonic clean. Spot clean all other doors and li ht switches 5x Check daily, clean as needed Polish or clean kick plates and 1 x handrails Carpet: Remove all spots/stains on carpet. 5x Any stain smaller than the size of a dinner plate This includes any gum on car et. Restroom Cleaning (all floors, including showers in basement) Task Weekl Month) Quarter) Comments Empty trash and waste 5x containers Refill all dispensers 5x a er, soa ,etc. Change air fresheners 2x JANITORIAL SERVICES AGREEMENT FY 1 ~-11 - Page 21 Of 4~ Clean mirrors and bri ht work 5x Clean and sanitize toilets and 5x urinals, sinks, counters and artitions Clean furnishings (shelving, 5x dis ensers, etc Thorough cleaning & sanitation of SHOWER walls 5x and floors. S of clean walls 5x Rinse and sanitize all the and 5x linoleum floors Pour water into floor drain 5x Clean and sanitize door 5x handles and lates Machine clean floors and 1 x 15t week of month baseboard includes buffin Perform hi-low Bustin 1x Basement (Occupied Office Space) Empty trash, new liners as 1 x needed Vacuum floor, remove 1 x stains/spills with no-buildup cleaner Dust flat surfaces 1x Basement (Workout Area) Empty trash, new liners as 1 x needed JANITORIAL SERVICES AGREEMENT FY 'I Q-1 'I - Page 22 Of 4Q Vacuum floor, remove 1 x stains/spills with no-buildup cleaner Dust flat surfaces 1x Wipe down equipment 1x DAY PORTER DUTIES -CITY HALL LOCATION Task Weekl Month) Quarter) Comments Windows, breakroom ,paper 5x 2 hours daily, between towels, and restrooms hours of 12:00 p.m. and 2:00 .m. Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Tum off all except designated lights. o All trash is to be placed in the City Hall dumpster located on the south side of the building o Cleaning supervisor to inspect prior to leaving work JANITORIAL SERVICES AGREEMENT 1=Y 1 ~-11 - page 23 Of 40 Task Frequency Sheets Contact: Jeff Lavey Phone: (208) 888-6678 Fax: (208) 846- Admin Bld Task Week Month) Quarter) Comments Carpet Areas $ Floor Mats: 3x Thoroughly vacuum using beater bar/brush t e vacuum, Hard surface floors: Vacuum loose dirt & debris, 3 x then remove stains/spills with non-tracking, no-buildup cleaner Strip all the and linoleum floors Annually Apply wax and sealer to all the and linoleum floors Annually Hard surface floors: 1x Scrub and buff Vacuum low traffic halls, entire 3x offices and entire conference room Empty wastebaskets (new 3x liners as needed} Damp wipe and dry counters 3x Clean and sanitize drinking 3x fountains Doors: Clean and sanitize 3x handles both sides Doors: Clean glass, both 3x sides High dusting: 1 x Window ledges Vacuum or clean vents and 1x Determine which week grills (low and high) including ceiling JANITORIAL SERVICES AGREEMENT FY ~ O-'I 'I - page 24 Of 4O Dust tops of cabinets, pictures 1 x Determine which week frames, ledges and partitions Spot clean walls, partitions 3x 1x Window Blinds: Dust Wipe blinds with no streak, no Annually Determine which month buildup cleaner or ultra sonic clean. Spot clean all other doors and 3x Check daily, clean as light switches needed Polish or clean kick plates and 3x handrails Carpet: 3x Any stain smaller than the Remove all spots/stains on size of a dinner plate This carpet. includes any gum on carpet. Kitchen and Break Areas Task Week Month) Quarter) Comments Clean and sanitize counters and table tops 3x Required for Maintenance and Operations building onl Clean sinks and Fixtures 3x See above Clean top and front of See above. Not required to refrigerators and micro wave 3x clean inside of appliances oven Clean hard surface floors 3x See above treat as above Towel dispensers 3x See above Check and refill as necessa Empty waste basket (New 3x See above liners as needed Restroom Cleaning Task Weekly Monthly Quarterly Comments Em trash and waste JANITORIAL SERVICES AGREEMENT FY 1 ~-11 - page 25 Of 4~ containers 3x Refill all dispensers 3x (paper, soap, etc.) Refill air fresheners 2x Clean mirrors and bright work 3x Clean and sanitize toilets and 3x urinals, sinks, counters and partitions Clean furnishings (shelving, 3x dispensers, etc) Thorough cleaning & 3x sanitation of SHOWER walls and floors. Spot clean walls 3x Rinse and sanitize all the and 3x linoleum floors Pour water into floor drain 3x Clean and sanitize door 3x handles and plates Machine clean floors and 1 x 1St week of month baseboard includes buffing Perform hi-low dusting 1 x Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Tum off all except designated lights. o All trash is to be hauled to the dumpster located behind vacant admin bldg o Cleaning supervisor to inspect prior to leaving work JANITORIAL SERVICES AGREEMENT FY 10-11 - page 26 Of 4~ Task Frequency Sheets Contact: Rick Clinton Phone: (208) 888-5242 Fax: (208) 884-1159 Admin Buildin and O erations Buildin Task Weekly Monthly Quarterly Comments Carpeted 8~ Hard Surface 3x Areas: Vacuum all traffic halls, stairs, entire offices and entire conference room, break rooms Thoroughly vacuum high traffic areas using beater bar/brush type vacuum Hard surface floors: 3x Vacuum loose dirt & debris, then remove stains/spills with non-tracking, no-buildup cleaner 1 x Hard surface floors: Machine clean floors and baseboard includes buffing Strip all file and linoleum floors Semi-Annually Apply wax and sealer to all file Semi-Annually and linoleum floors Empty wastebaskets (new 3x liners as needed) Damp wipe and dry counters 3x in common areas/reception areas! copier/fax areas Clean and sanitize counters 3x and table to sin kitchen areas Clean and sanitize all kitchen 3x sinks and fixtures Clean top and front of refrigerators and micro wave 3x JANITORIAL SERVICES AGREE{vtENT FY 10-11 - page 27 Of 40 oven Clean and sanitize drinking 3x fountains Doors: Clean and sanitize 3x handles both sides Doors: Clean glass, both 3x sides High dusting: 1 x Window ledges Vacuum or clean vents and 1x Determine which week grills (low and high) including ceiling Dust tops of cabinets, pictures 1 x Determine which week frames, ledges and partitions Spot clean walls, partitions 3x 1x Window Blinds: Dust Wipe blinds with no streak, no Annually Determine which month buildup cleaner or ultra sonic clean. Spot clean all other doors and 3x Check daily, clean as light switches needed Polish or clean kick plates and 3x handrails Carpet: 3x Any stain smaller than the Remove all spotslstains on carpet. size of a dinner plate This includes any gum on carpet. Restroom Cleaning Task Weekly Monthly Quarterly Comments Empty trash and waste 3x containers Refill all dispensers 3x (paper, soap, etc.) Refill air fresheners 2x Clean mirrors and bright work 3x JAN4TORIAL SERVICES AGREEMENT FY ') O-'I ~ - page 2$ Of 40 Clean and sanitize toilets and 3x urinals, sinks, counters and partitions Clean furnishings (shelving, 3x dispensers, etc) Thorough cleaning ~ sanitation of SHOWER walls 3x and floors. Spot clean walls 3x Rinse and sanitize all the and 3x linoleum floors Pour water into floor drain 3x Clean and sanitize door 3x handles and plates Machine clean floors and 1x 15' week of month baseboard includes buffing Perform hi-low dusting 1 x Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Tum off all except designated lights. o All trash is to be hauled to the dumpster located behind the admin bldg o Cleaning supervisor to inspect prior to leaving work JANITORIAL SERVICES AGREEMENT FY ~ 0-'I 1 - page 29 Of 40 Admin Buildin Task Weekly Monthly Quarterly Comments Carpeted & Hard Surface areas: 3x Vacuum all traffic halls, stairs, entire offices and entire conference room, break rooms Thoroughly vacuum high traffic areas using beater barlbrush type vacuum Hard surface floors: 3x Vacuum loose dirt & debris, then remove stains/spills with non-tracking, no-buildup cleaner Hard surface floors: ~x Machine clean floors and baseboard includes buffing Strip all the and linoleum floors Semi-Annually Apply wax and sealer to all the and linoleum floors Semi-Annual) Y Empty wastebaskets (new 3x liners as needed) Damp wipe and dry counters 3x in common areas/reception areas/ copier/fax areas Clean and sanitize counters and table tops in kitchen areas 3x Clean and sanitize all kitchen 3x sinks and fixtures Clean top and front of refrigerators and micro wave 3x oven Clean and sanitize drinking 3x fountains Doors: Clean and sanitize 3x JANITORIAL SERVICES AGREEMENT FY 10-11 - Page 30 Of 40 handles both sides Doors: Clean glass, both 3x sides High dusting: 1x Window ledges Vacuum or clean vents and 1 x Determine which week grills (low and high) including ceiling Dust tops of cabinets, pictures 1 x Determine which week frames, ledges and partitions Spot clean walls, partitions 3x Window Blinds: 1x Dust Wipe blinds with no streak, no Annually Determine which month buildup cleaner or ultra sonic clean. Spot clean all other doors and 3x Check daily, clean as light switches needed Polish or clean kick plates and 3x handrails Carpet: 3x Any stain smaller than the Remove all spots/stains on size of a dinner plate This carpet. includes any gum on carpet. Restroom Cleaning Task Weekly Monthly Quarterly Comments Empty trash and waste 3x containers Refill all dispensers 3x (paper, soap, etc.) Refill air fresheners 2x Clean mirrors and bright work 3x Clean and sanitize toilets and 3x urinals, sinks, counters and partitions Clean furnishings (shelving, 3x dispensers, etc) JANITORIAL SERVICES AGREEMENT FY 1 ~-11 - page 31 Of 4~ Thorough cleaning 8~ sanitation of SHOWER walls 3x and floors. Spot clean walls 3x Rinse and sanitize all the and 3x linoleum floors Pour water into floor drain 3x Clean and sanitize door 3x handles and plates Machine clean floors and 1 x 1St week of month baseboard includes buffing Perform hi-low dusting 1 x Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Tum off all except designated lights. o All trash is to be hauled to the dumpster located behind the admin bldg o Cleaning supervisor to inspect prior to leaving work JANITORIAL SERVICES AGREEMENT FY 1 ~-11 - page 32 Of 40 Carpeted & Hard Surface Areas: 3x Vacuum all traffic halls, stairs, entire offices and entire conference room, break rooms Thoroughly vacuum high traffic areas using beater bar/brush type vacuum Hard surface floors: 3x Vacuum loose dirt & debris, then remove stains/spills with non-tracking, no-buildup cleaner. Hard surface floors: 1 x Machine clean floors and baseboard includes buffing Strip all the and linoleum floors Semi-Annually Apply wax and sealer to all the and linoleum floors Semi-Annual) Y Empty wastebaskets (new 3x liners as needed) Damp wipe and dry counters 3x in common areas/reception areas/ copier/fax areas Clean and sanitize counters and table tops in kitchen areas 3x Clean and sanitize all kitchen 3x sinks and fixtures Clean top and front of refrigerators and micro wave 3x oven Clean and sanitize drinking 3x fountains Doors: Clean and sanitize 3x handles both sides JANITORIAL SERVICES AGREEMENT FY 1 ~-11 - page 33 Of 40 Doors: Clean glass, both 3x sides High dusting: 1x Window ledges Vacuum or clean vents and 1 x Determine which week grills (low and high) including ceiling Dust tops of cabinets, pictures 1 x Determine which week frames, ledges and partitions Spot clean walls, partitions 3x Window Blinds: 1x Dust Wipe blinds with no streak, no Annually Determine which month buildup cleaner or ultra sonic clean. Spot clean all other doors and 3x Check daily, clean as light switches needed Polish or clean kick plates and 3x handrails Carpet: 3x Any stain smaller than the Remove all spots/stains on size of a dinner plate This carpet. includes any gum on carpet. Restroom Cleaning Task Weekly Monthly Quarterly Comments Empty trash and waste 3x containers Refill all dispensers 3x (paper, soap, etc.) Refill air fresheners 2x Clean mirrors and bright work 3x Clean and sanitize toilets and 3x urinals, sinks, counters and partitions Clean furnishings (shelving, 3x dispensers, etc) Thorough cleaning ~ sanitation of SHOWER walls JANITORIAL SERVICES AGREEMENT FY 'I ~-') ") - page 34 Of 4~ and floors. 3x Spot clean walls 3x Rinse and sanitize all the and linoleum floors 3x Pour water into floor drain 3x Clean and sanitize door handles and plates 3x Machine clean Floors and baseboard includes buffing 1 x 1St week of month Perform hi-low dusting 1 x Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Tum off all except designated lights. o All trash is to be hauled to the dumpster located behind the admin bldg o Cleaning supervisor to inspect prior to leaving work JANITORIAL SERVICES AGREEMENT FY 1 t7-11 - page 35 Of 4U Task Weekly Monthly Quarterly Comments Carpeted 8 Hard Surface 3x Areas: Vacuum all traffic halls, stairs, entire offices and entire conference room, break rooms Thoroughly vacuum high traffic areas using beater bar/brush type vacuum Hard surface floors: 3x Vacuum loose dirt & debris, then remove stains/spills with non-tracking, no-buildup cleaner. Hard surface floors: 1 x Machine clean floors and baseboard includes buffing Strip all file and linoleum floors Semi-Annually Apply wax and sealer to all file Semi-Annually and linoleum floors Empty wastebaskets (new 3x liners as needed) Damp wipe and dry counters 3x in common areas/reception areas/ copier/fax areas Clean and sanitize counters 3x and table tops in kitchen areas Clean and sanitize all kitchen 3x sinks and fixtures Clean top and front of refrigerators and micro wave 3x oven Clean and sanitize drinking 3x fountains Doors: Clean and sanitize 3x handles both sides Doors: Clean glass, bath 3x JANITORIAL SERVICES AGREEMENT FY 1 ~-11 - page 36 Of 4~ sides High dusting: 1 x Window ledges Vacuum or clean vents and 1x Determine which week grills (low and high) including ceiling Dust tops of cabinets, pictures 1x Determine which week frames, ledges and partitions Spot clean walls, partitions 3x Window Blinds: 1x Dust Wipe blinds with no streak, no Annually Determine which month buildup cleaner or ultra sonic clean. Spot clean all other doors and 3x Check daily, clean as light switches needed Polish or clean kick plates and 3x handrails Carpet: 3x Any stain smaller than the Remove all spots/stains on size of a dinner plate This carpet. includes any gum on carpet. Restroom Cleaning Task Weekly Monthly Quarterly Comments Empty trash and waste 3x containers Refill all dispensers 3x (paper, soap, etc.) Refill air fresheners 2x Clean mirrors and bright work 3x Clean and sanitize toilets and 3x urinals, sinks, counters and partitions Clean furnishings (shelving, 3x dispensers, etc) Thorough cleaning & 3x sanitation of SHOW ER walls JANITORIAL SERVICES AGREEMENT FY ') ~-'I 'I - page 37 Of 4~ and floors. Spot clean walls 3x Rinse and sanitize all the and linoleum floors 3x Pour water into floor drain 3x Clean and sanitize door handles and plates 3x Machine clean floors and baseboard includes buffing 1 x 1St week of month Perform hi-low dusting 1 x Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Tum off all except designated lights. o All trash is to be hauled to the dumpster located behind the admin bldg o Cleaning supervisor to inspect prior to leaving work JANITORIAL SERVICES AGREEMENT 1=Y 10-1 1 - ~3at~e 38 Of 4~ JANITORIAL SERVICES AGREEMENT FY ') O-') 'I - (~ag@ 39 Of 4~ Exhibit C PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed TASK DESCRIPTION MONTHLY AMOUNT A. City Hall $6,334.09 $76,009.08 g POlice Station including K9 facility $1,521.10 $18,253.20 C. Water Administration $485.44 $5,825.28 D. Wastewater Administration $263.60 $3,163.20 E. Parks Field Office $224.05 $2,688.60 F. Meridian Community Center $220.03 $2,640.36 TOTAL $9,048.31 $108,579.72 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. JANITORIAL SERVICES AGREEMENT FY 10-11 - page 40 Of 40 Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER:jE PROJECT NUMBER: ITEM TITLE: Art Purchasing Agreement with Sandy Marostica for Purchase of "Looking East" for Art in Public Spaces for aNot-to-Exceed Amount of $1,500.00 MEETING NOTES ~~prove~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS lx~ ~ ~ ~ ~ ~/~ t C 1 ~ ~ ~~ ~ 7aC~ e ART PURCHASING AGREEMENT for ART IN PUBLIC SPACES This ART PURCHASING AGREEMENT FOR ART IN PUBLIC SPACES ("Agreement") is entered into this ~ day of September, 2010, by and between the City of Meridian, Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Sandy Marostica, whose address is 320 Union Street, Boise, Idaho 83702 ("Artist") (collectively, "Parties"). WHEREAS, City, by and through the Meridian Arts Commission, initiated the "Art in Public Spaces" collection of public art in order to make visual art part of the regular experience for those who visit Meridian's City Hall; to encourage dialogue about creativity in our community among the elected officials, community leadership, staff and visitors to the city's government center; and to provide inspiration for new ways of experiencing the arts; WHEREAS, City, by and through the Meridian Arts Commission, on or about June 14, 2010, issued the Call to Artists attached hereto as Exhibit A, requesting proposals for completed art pieces to be included in the Art in Public Spaces collection; WHEREAS, Artist responded to the Call to Artists by submitting for consideration atwo- dimensional painting that is twenty-five inches in height and thirty-two inches in length, entitled "Looking East," created by Artist using oil paint on canvas ("Work"); WHEREAS, the Meridian Arts Commission, following due notice to the public, convened and reviewed submissions provided in response to the Call to Artists, which submissions included Work; WHEREAS, in accordance with its charge and the guidelines and criteria adopted by the Meridian Arts Commission and approved by City Council via the Call to Artists, the Commission identified Work as exemplifying the goals of the Art in Public Spaces project; and WHEREAS, this Agreement is intended to implement the purchase of Work in accordance with the terms described in the Call to Artists and such terms hereinafter provided; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereto do mutually agree as follows: 1. Sale. Artist hereby agrees to sell the Work to City at the agreed value of one thousand five hundred dollars ($1,500.00). Parties agree that this amount shall include Artist's commission, materials, and framing of the artwork. 2. Payment. City will pay Artist for services rendered pursuant to this Agreement in the total amount of one thousand five hundred dollars ($1,500.00), which payment shall be made pursuant to the following method. To receive payment for services rendered, the Artist shall complete the W-9 form provided and remit such completed form to Deputy City Attorney Emily Kane, 33 E. Broadway Ave., Meridian ID 83642, BY 12:00 P.M. (NOON) ON THURSDAY, SEPTEMBER 2, 2010. Upon receipt of the complete W-9 form from Artist and execution of this Agreement by both ART PURCHASING AGREEMENT -ART IN PUBLIC SPACES PAGE 1 OF 5 Parties, City shall issue payment via check sent U.S. Mail to Artist within thirty (30) days. 3. Framing. Artist shall frame the Work or cause the Work to be framed in accordance with the specifications provided and attached hereto as Exhibit B. The failure to comply precisely with each and every aspect of such specifications shall constitute a breach of this Agreement. 4. Delivery. Artist shall deliver the Work, framed in accordance with the prescribed specifications and ready to hang, to Deputy City Attorney Emily Kane, at 33 E. Broadway Ave., Meridian, Idaho BY 4:00 P.M. ON FRIDAY, SEPTEMBER 17, 2010. Acceptance shall be signified by written receipt, signed and dated, and provided to Artist upon receipt of the Work. The Artist agrees to bear any risk of loss and/or damage until the City accepts the Work as set forth herein. In the event of loss or damage incurred prior to City's acceptance of the work, the Artist shall return any and all payment received, upon which neither party shall have any further obligation under this Agreement. 5. Time of the essence. The Artist acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree 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 breach of, and a default under, this Agreement by the party so failing to perform. 6. Installation. The Artist is responsible for furnishing the Work or having such Work furnished with the proper hazdwaze for safe, durable, permanent hanging. The City shall be wholly responsible for the cost, labor, design, and placement of the Work's installation. 7. Copyright. The copyright for Work shall be held by City. The Artist shall reserve no right to reproduce the Work in any manner or for any purpose, though the Artist may request such right from City, which right City shall not unreasonably withhold. Any such right shall be conveyed in writing, and if not in writing shall not be considered duly or validly conveyed. City may use partial or complete images of such Work for promotional or other public use without further permission from Artist. While Artist shall make no claim to the copyright of the Work, Artist shall be identified as the creator of the Work, both in the vicinity of the original as publicly displayed, and in writing as to any reproduction of the Work by City for promotional or other public use. 8. Waiver and Relinquishment of Rights. Artist hereby expressly waives any and all right, title, or interest in said copyrighted Work. Artist understands that said waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, performance and display. Artist agrees to relinquish any and all rights, title, and interest to the Work developed in connection with this Agreement and hereby expressly waives any rights Artist has to said Work including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C., sections 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. section 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 2 OF 5 9. Moral right. City will use best efforts to avoid and/or prevent misuse of the Artist's name and/or misuse of the Work which would reflect discredit on Artist's reputation as an artist, or which would violate the spirit of the Work. 10. Display. It is the intent of City to incorporate Work into the Art in Public Spaces art collection to be publicly displayed at Meridian City Hall. Nothing in this Agreement, or otherwise, shall preclude the right of City to remove Work from public display, whether temporarily or permanently. 11. Alteration. If any alteration occurs to the Work after installation, whether intentional or accidental and whether caused by City or others, upon written request of Artist, the Work shall no longer be represented to be the work of Artist. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Work as provided for under Idaho or federal law, whether by statute or otherwise. 12. Restoration. If the Work is damaged, City shall consult Artist before any restoration efforts and shall provide Artist first opportunity to restore it, if practicable. City shall have the exclusive right to determine when and whether repairs and restorations of the Work shall be made. 13. Retransfer. If City, in any way whatsoever, sells, gives, bequests, transfers, or trades the Work, Artist shall have no right to obtain such Work or in any way direct or prohibit such sale, gift, bequest, transfer, or trade. 14. Relationship of Parties. It is the express intention of Parties that Artist is an independent Artist 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. 15. Notices. Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail, certified, return receipt requested, addressed as follows: City: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Artist: Sandy Marostica 320 Union Street Boise, Idaho 83702 ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 3 OF S Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 16. Waiver and indemnification. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from or in any way connected with or incident to Artist's performance of this Agreement except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. Further, Artist shall, and hereby does, indemnify, hold harmless, and defend City against any and all claims, demands, damages, costs, expenses or liability arising out of Artist's performance of this Agreement except for liability arising out of the concurrent or sole negligence of City or its officers, agents or employees. 17. Discrimination prohibited. In performing services pursuant to this Agreement, Artist shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 18. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. 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, 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. 20. Non-waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 21. Assignment. Artist may not subcontract, assign, transfer, hypothecate or sell his rights or duties arising hereunder without the prior express written consent of City. Any subcontractor assignee shall be bound by all the terms and conditions of this Agreement. 22. Heirs and assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives and references to Artist and City shall include their respective heirs, successors, assigns, and personal representatives. 23. Termination. If City determines that Artist has failed to comply with the terms and conditions 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, City may terminate this Agreement in whole, or in part, at any time, by giving notice, in writing, to Agreement of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms and provides a reasonable time to cure. If all defaults are not cured and corrected within a reasonable period as specified in the notice, City may, with no further ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 4 OF 5 notice, declare this Agreement to be terminated. Notwithstanding the above or any other provision of this Agreement, Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. 24. Attorney's fees. In any action by City or Artist for recovery of any sum due under this Agreement, or to enforce any of the terms, covenants, or conditions contained herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in such action. 25. Governing law. This Agreement shall be governed by the laws of the State of Idaho. 26. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 7 day of September, 2010. ARTIST: ~i;h~L Sandy M ostica STATE OF IDAHO ss: County of ADA ) y{, I HEREBY CERTIFY that on this 3~ -day of , 2010, before the undersigned, a Notary Public in the Stat f Idaho, personally appeared Sandy Marostica, known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Publi r Idaho Residing at I ~-P ~ ~ ~ ,Idaho My Commission Expires: ~ -a ~ '"I c7 CITY OF MERIDIAN: O` ~, ,:. ,~ ~ ~ ~~} BY: ~ •~ t :: -V- 4 ~ ~ Tammy de erd, Mayor ~ ~` ~ .,, ,"Q r ~ .; ' , r .~ Attes V - ~ , • ~ ~ ti ;~ ,~ City Clerk "'~ ~ ~ ` ~.~' . _ !J ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 5 OF 5 EXHIBIT A Meridian Commission Call for Artists: Art in Public Spaces, Meridian City Hall OVERVIEW: The mission of Art in Public Spaces is to make visual art part of the regular experience for those who visit Meridian City Hall; to encourage dialogue about creativity in our community among elected officials, community leadership, staff and visitors; and to provide inspiration and new ways of experiencing the arts. The artwork composing the Art in Public Spaces collection is installed in the public corridors of Meridian City Halt, located on the corner of Broadway and Meridian Road in downtown Meridian. ELIGIBILITY: Any artist 18 years or older living or working in the Treasure Valley is eligible. All entries must have been conceived and created by the artist submitting the work. Atl entries must be two-dimensional works, and must be a minimum size of twenty-four by thirty-six inches (24" x 36") when framed pursuant to framing specifications provided by MAC, available upon request. (Specs include 4" mat on all sides beyond the art image for art on paper; no mat for art on canvas. ) PROJECT BUDGET: The City has budgeted $1,500.00 per art piece for this project. This amount includes artist commission, materials, and framing of the artwork. Selected artists will be paid upon delivery of framed artwork. PROPOSAL REQUIREMENTS: Artists wishing to apply for Art in Public Spaces must provide the following materials and information for each piece submitted. • Cover letter addressing the content of the work, its relationship to Meridian, dimensions, and date; • Artist's resume, address, phone number, a-mail address, and an artist or exhibition statement; One digital image of the unframed work, 300-dpi, 10-inch maximum, .jpg file on a PC-compatible CD; please do not send digital images via a-mail. DEADLINE: All submissions must be received by MAC by 4:30 p.m. on Friday, July 30, 2010 at the address below. Please write "Meridian Arts Commission" on your entry envelope. No late submissions will be accepted. Materials will be returned via U.S. Mail if a SASE is enclosed. No pick-up will be available. SUBMIT MATERIALS TO: Meridian Arts Commission Attn: Art in Public Spaces 33 East Broadway Avenue Meridian ID 83642 ACCEPTANCE: MAC will notify a selected artist that his or her work has been chosen for Art in Public Spaces 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. If your submission is selected you wilt be notified by U.S. Mail and provided with an acceptance agreement, timeline for delivery and payment, and framing specifications. For additional information please contact Emily Kane at 898-5506 or by a-mail. at ekaneCmeridiancity.org. EXHIBIT B Meridian ~ Commission FRAMING SPECIFICATIONS Art in Public Spaces Project -Meridian City Hall ART ON PAPER (Ex. Photography, watercolor paintings, drawings, etchings) Wood frame: Larson-Juhl #227519 3/" Mahogany with 1 "rabbet depth Mount: Museum mount on acid-free foam core board Matting: Matboard to be Crescent Museum board #2238 8-ply White Width of the mat is 4" on all sides beyond the art image Glass: Tru Vue Conservation Clear Han_ inq: Security Lock hanging system ART QN CANVAS (Ex. Paintings on canvas, photographs on canvas) Wood Frame: Larson-Juhl #294519 3/" Mahogany with 1 5/8" rabbet depth Mount: Stretcher bars Matting: None Glass: None Hanging.; Security Lock hanging system Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Art Purchasing Agreement with William Gardoski for Purchase of "The Meridian Creamery" for Art in Public Spaces for aNot-to-Exceed Amount of $1,500.00 MEETING NOTES ~'~~1r©~I ~.Q CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~'~ ~~g ~_g o,~~~t~.~,f -~ ~~-~e~ ~(~~~ ART PURCHASING AGREEMENT for ART IN PUBLIC SPACES This ART PURCHASING AGREEMENT FOR ART IN PUBLIC SPACES ("Agreement") is entered into this ~~'! day of September, 2010, by and between the City of Meridian, Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and William Gazdoski, whose address is 1620 E. 2 '/z Street, Meridian, Idaho 83642 ("Artist") (collectively, "Parties"). WHEREAS, City, by and through the Meridian Arts Commission, initiated the "Art in Public Spaces" collection of public art in order to make visual art part of the regulaz experience for those who visit Meridian's City Hall; to encourage dialogue about creativity in our community among the elected officials, community leadership, staff and visitors to the city's government center; and to provide inspiration for new ways of experiencing the arts; WHEREAS, City, by and through the Meridian Arts Commission, on or about June 14, 2010, issued the Call to Artists attached hereto as Exhibit A, requesting proposals for completed art pieces to be included in the Art in Public Spaces collection; WHEREAS, Artist responded to the Call to Artists by submitting for consideration atwo- dimensional painting that is twenty-four inches in height and thirty inches in length, entitled "The Meridian Creamery," created by Artist using oil paint on canvas ("Work"); WHEREAS, the Meridian Arts Commission, following due notice to the public, convened and reviewed submissions provided in response to the Call to Artists, which submissions included Work; WHEREAS, in accordance with its charge and the guidelines and criteria adopted by the Meridian Arts Commission and approved by City Council via the Call to Artists, the Commission identified Work as exemplifying the goals of the Art in Public Spaces project; and WHEREAS, this Agreement is intended to implement the purchase of Work in accordance with the terms described in the Call to Artists and such terms hereinafter provided; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereto do mutually agree as follows: 1. Sale. Artist hereby agrees to sell the Work to City at the agreed value of one thousand five hundred dollars ($1,500.00). Parties agree that this amount shall include Artist's commission, materials, and framing of the artwork. 2. Payment. City will pay Artist for services rendered pursuant to this Agreement in the total amount of one thousand five hundred dollars ($1,500.00), which payment shall be made pursuant to the following method. To receive payment for services rendered, the Artist shall complete the W-9 form provided and remit such completed form to Deputy City Attorney Emily Kane, 33 E. Broadway Ave., Meridian ID 83642, BY 12:00 P.M. (NOON) ON THURSDAY, SEPTEMBER 2, 2010. Upon receipt of the complete W-9 form from Artist and execution of this Agreement by both ART PURCHASING AGREEMENT -ART IN PUBLIC SPACES PAGE 1 OF 5 Parties, City shall issue payment via check sent U.S. Mail to Artist within thirty (30) days. 3. Framing. Artist shall frame the Work or cause the Work to be framed in accordance with the specifications provided and attached hereto as Exhibit B. The failure to comply precisely with each and every aspect of such specifications shall constitute a breach of this Agreement. 4. Delivery. Artist shall deliver the Work, framed in accordance with the prescribed specifications and ready to hang, to Deputy City Attorney Emily Kane, at 33 E. Broadway Ave., Meridian, Idaho BY 4:00 P.M. ON FRIDAY, SEPTEMBER 17, 2010. Acceptance shall be signified by written receipt, signed and dated, and provided to Artist upon receipt of the Work. The Artist agrees to bear any risk of loss and/or damage until the City accepts the Work as set forth herein. In the event of loss or damage incurred prior to City's acceptance of the work, the Artist shall return any and all payment received, upon which neither party shall have any further obligation under this Agreement. 5. Time of the essence. The Artist acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree 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 breach of, and a default under, this Agreement by the party so failing to perform. 6. Installation. The Artist is responsible for furnishing the Work or having such Work furnished with the proper hardware for safe, durable, permanent hanging. The City shall be wholly responsible for the cost, labor, design, and placement of the Work's installation. 7. Copyright. The copyright for Work shall be held by City. The Artist shall reserve no right to reproduce the Work in any manner or for any purpose, though the Artist may request such right from City, which right City shall not unreasonably withhold. Any such right shall be conveyed in writing, and if not in writing shall not be considered duly or validly conveyed. City may use partial or complete images of such Work for promotional or other public use without further permission from Artist. While Artist shall make no claim to the copyright of the Work, Artist shall be identified as the creator of the Work, both in the vicinity of the original as publicly displayed, and in writing as to any reproduction of the Work by City for promotional or other public use. 8. Waiver and Relinquishment of Rights. Artist hereby expressly waives any and all right, title, or interest in said copyrighted Work. Artist understands that said waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, performance and display. Artist agrees to relinquish any and all rights, title, and interest to the Work developed in connection with this Agreement and hereby expressly waives any rights Artist has to said Work including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C., sections 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. section 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 2 OF 5 9. Moral right. City will use best efforts to avoid and/or prevent misuse of the Artist's name and/or misuse of the Work which would reflect discredit on Artist's reputation as an artist, or which would violate the spirit of the Work. 10. Display. It is the intent of City to incorporate Work into the Art in Public Spaces art collection to be publicly displayed at Meridian City Hall. Nothing in this Agreement, or otherwise, shall preclude the right of City to remove Work from public display, whether temporarily or permanently. 11. Alteration. If any alteration occurs to the Work after installation, whether intentional or accidental and whether caused by City or others, upon written request of Artist, the Work shall no longer be represented to be the work of Artist. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Work as provided for under Idaho or federal law, whether by statute or otherwise. 12. Restoration. If the Work is damaged, City shall consult Artist before any restoration efforts and shall provide Artist first opportunity to restore it, if practicable. City shall have the exclusive right to determine when and whether repairs and restorations of the Work shall be made. 13. Retransfer. If City, in any way whatsoever, sells, gives, bequests, transfers, or trades the Work, Artist shall have no right to obtain such Work or in any way direct or prohibit such sale, gift, bequest, transfer, or trade. 14. Relationship of Parties. It is the express intention of Parties that Artist is an independent Artist 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. 15. Notices. Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail, certified, return receipt requested, addressed as follows: City: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Artist: William Gardoski 1620 E. 2 '/2 Street Meridian, Idaho 83642 ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 3 OF 5 Either party .may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 16. Waiver and indemnification. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from or in any way connected with or incident to Artist's performance of this Agreement except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. Further, Artist shall, and hereby does, indemnify, hold harmless, and defend City against any and all claims, demands, damages, costs, expenses or liability arising out of Artist's performance of this Agreement except for liability arising out of the concurrent or sole negligence of City or its officers, agents or employees. 17. Discrimination prohibited. In performing services pursuant to this Agreement, Artist shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 18. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. 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, 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. 20. Non-waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 21. Assignment. Artist may not subcontract, assign, transfer, hypothecate or sell his rights or duties arising hereunder without the prior express written consent of City. Any subcontractor assignee shall be bound by all the terms and conditions of this Agreement. 22. Heirs and assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives and references to Artist and City shall include their respective heirs, successors, .assigns, and personal representatives. 23. Termination. If City determines that Artist has failed to comply with the terms and conditions 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, City may terminate this Agreement in whole, or in part, at any time, by giving notice, in writing, to Agreement of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms and provides a reasonable time to cure. If all defaults are not cured and corrected within a reasonable period as specified in the notice, City may, with no further ART PURCHASING AGREEMENT -ART IN PUBLIC SPACES PAGE 4 OF 5 notice, declare this Agreement to be terminated. Notwithstanding the above or any other provision of this Agreement, Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. 24. Attorney's fees. In any action by City or Artist for recovery of any sum due under this Agreement, or to enforce any of the terms, covenants, or conditions contained herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbwsements incurred in such action. 25. Governing law. 'This Agreement shall be governed by the laws of the State of Idaho. 26. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. ~~_ IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of •Sie~er, 2010. ~. ARTIST: William Gardoski CITY OF MERIDIAN: Tammy de rd, Mayor Attest: Jace City erk STATE OF IDAHO ) ss: County of ADA ) I HEREBY CERTIFY that on this .3 ~ ~ day of u. 5'r , 2010, before the undersigned, a Notary Public in the State of Idaho, personally appeared William Gazdoski, known to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and yeaz in this certificate first above written. Notary Public for Idaho Residing at ,ldaho My Commission Ex ires• 10 o a,p 15~ O ,~ , _. G `~CpRpO~ `~ ~~' d ~ ``~~ ~ z 1St. r o o~'aTY . ~vA~' ART PURCHASING AGREEMENT -ART IN PUBLIC SPACES PAGE 5 OF S EXHIBIT A Meridian Commission Cal( for Artists: Art in Public Spaces, Meridian City Hall OVERVIEW: The mission of Art in Public Spaces is to make visual art part of the regular experience for those who visit Meridian City Hall; to encourage dialogue about creativity in our community among elected officials, community leadership, staff and visitors; and to provide inspiration and new ways of experiencing the arts. The artwork composing the Art in Public Spaces collection is installed in the public corridors of Meridian City Hall, located on the corner of Broadway and Meridian Road in downtown Meridian. ELIGIBILITY: Any artist 18 years or older living or working in the Treasure Valley is eligible. All entries must have been conceived and created by the artist submitting the work. All entries must be two-dimensional works, and must be a minimum size of twenty-four by thirty-six inches (24" x 36") when framed pursuant to framing specifications provided by MAC, available upon request. (Specs include 4" mat on all sides beyond the art image for art on paper; no mat for art on canvas. ) PROJECT BUDGET: The City has budgeted $1,500.00 per art piece for this project. This amount includes artist commission, materials, and framing of the artwork. Selected artists will be paid upon delivery of framed artwork. PROPOSAL REQUIREMENTS: Artists wishing to apply for Art in Public Spaces must provide the following materials and information for each piece submitted. • Cover letter addressing the content of the work, its relationship to Meridian, dimensions, and date; • Artist's resume, address, phone number, a-mail address, and an artist or exhibition statement; • One digital image of the unframed work, 300-dpi, 10-inch maximum, .jpg file on a PC-compatible CD; please do not send digital images via a-mail. DEADLINE: All submissions must be received by MAC by 4:30 p.m. on Friday, July 30, 2010 at the address below. Please write "Meridian Arts Commission" on your entry envelope. No late submissions will be accepted. Materials will be returned via U.S. Mail if a SASE is enclosed. No pick-up will be available. SUBMIT MATERIALS T0: Meridian Arts Commission Attn: Art in Public Spaces 33 East Broadway Avenue Meridian ID 83642 ACCEPTANCE: MAC will notify a selected artist that his or her work has been chosen for Art in Public Spaces by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors wilt 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. If your submission is selected you will be notified by U.S. Mail and provided with an acceptance agreement, timeline for delivery and payment, and framing specifications. For additional information please contact Emily Kane at 898-5506 or by a-mail at ekane@meridiancity.org. ExHIBI'r B Meridian ~ Commission FRAMING SPECIFICATIONS Art in Public Spaces Project -Meridian City Hall ART ON PAPER (Ex. Photography, watercolor paintings, drawings, etchings) Wood frame: Larson-Juhl #227519 3/." Mahogany with 1 "rabbet depth Mount: Museum mount on acid-free foam core board Matting: Matboard to be Crescent Museum board #2238 8-ply White Width of the mat is 4" on all sides beyond the art image Glass: Tru Vue Conservation Clear Hanging: Security Lock hanging system ART ON CANVAS (Ex. Paintings on canvas, photographs on canvas) Wood Frame: Larson-Juhl #294519 3/a" Mahogany with 1 5/8" rabbet depth Mount: Stretcher bars Matting: None Glass: None Hanging: Security Lock hanging system Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Professional Services Agmt with Missoula Children's Theatre for Production of "Snow White" in March 201 1 for an amount Not-to-Exceed $2,650.00 MEETING NOTES App vU~t e~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT WITH MISSOULA CHILDREN'S THEATRE This PROFESSIONAL SERVICES AGREEMENT WITH MISSOULA CHILDREN'S THEATRE (hereinafter "Agreement") is made this 7th day of September, 2010 (the "Effective Date"}, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "Presenter', through the duly delegated Meridian Arts Commission, and the Missoula Children's Theatre, a corporation organized under the laws of the State of Montana {hereinafter "MCT"). WHEREAS, the mission of the Meridian Arts Commission is to develop, advance, and nurture all facets of the arts to enhance the quality of life for Meridian residents and its visitors; WHEREAS, the mission of MCT is the development of lifeskills in children through participation in the performing arts; WHEREAS, the respective governing bodies of Presenter and MCT find that these missions complement each other and wish to work together to further the objectives of both by bringing MCT to the Meridian community for a Residency Tour, as described in Exhibit B hereto; 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, and inconsideration of the recitals above, which are incorporated herein, Presenter and MCT agree as follows: I. MCT Touring Contract. The MCT Touring Contract, as modified by the deletion of the insurance and mutual indemnification clause and attached hereto as Exhibit A, is incorporated herein by reference and made a part of this Agreement as if set forth in its entirety in this Agreement. II. Mutual Hold Harmless. A. Presenter holds MCT harmless. Presenter, its agents, successors, and assigns, shall hold MCT, its agents, successors and assigns, harmless from all claims made against MCT resulting from any loss, injury, damage, cost or expense, including legal fees, to any person or property caused by Presenter's negligence. Insofar as housing, auditions, rehearsals, workshops, andlor performances related to this Agreement are provided or held at premises or facilities not held or controlled by Presenter, Presenter makes no warranty or promise as to the condition, safety, usefulness, or habitability of such premises or facilities. B. MCT bolds Presenter harmless. MCT, its agents, successors, and assigns, shall indemnify and hold Presenter, its agents, successors and assigns, harmless from all claims made against PROFESSIONAL SERVICES AGREEMENT WITH MISSOULA CHILDREN'S THEATRE PAGE 1 OF 4 Presenter resulting from any loss, injury, damage, cost or expense, including legal fees, to any person or property caused by Presenter's negligence. C. Worker's compensation. At all times during the course of this Agreement, MCT shall provide worker's compensation coverage in the amount required by law for each and every employee utilized in the course of performance of this Agreement. III. Comtaensation and uayment. A. Amount. Presenter shall pay MCT for professional services set forth herein at the rate of $2,650.00. B. Payment schedule. Due to the check-issuance protocols of the City of Meridian Finance Department, the following terms shall apply. Provided that this Agreement is signed by a duly authorized agent of MCT and provided to Presenter by noon on Thursday, September 2, 2010, Presenter shall provide a $500.00 deposit to MCT by September 20, 2010. If this Agreement is signed by a duly authorized agent of MCT and provided to Presenter after noon on September 2, 2010, Presenter shall provide a $500.00 deposit to MCT by September 30, 2010. C. Payment method. Presenter shall provide the $500.00 deposit to MCT by check sent U.S. Mail. MCT shall send an invoice to Presenter for the remaining $2,150.00 residency fee by February 14, 2011, i. e. one (1) month prior to the audition date. Presenter shall mail a check for that amount to MCT via U.S. Mali before March 19, 2011, the date of the scheduled performance. IV. 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 via United States mail, addressed as follows: Jonna Michelson, Director, Tour Marketing Dept. Missoula Children's Theatre 200 North Adams Missoula MT 59802-4718 Emily Kane, Deputy City Attorney City of Meridian 33 East Broadway Ave Meridian ID 83642 Either party may change its authorized representative and/or address fox the purpose of this pazagraph by giving written notice of such change to the other party in the manner herein .--~ provided. PROFESSIONAL SERVICES AGREEMENT WITH MISSOULA CHILDREN'S THEATRE PAGE 2 OF 4 V. Assignment. Presenter shall not assign or sublet all or any portion of Presenter's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of MCT. MCT shall not assign or sublet all or any portion of MCT's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of Presenter. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representatives, successors, and assigns of the parties. VI. No agency. Neither MCT nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of Presenter in any manner or for any purpose whatsoever in MCT's use and occupancy of facilities at which auditions, rehearsals, workshops, and/or performances are held. VII. Compliance with Laws. In performing the scope of services required hereunder, Presenter and MCT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. VIII. Discrimination Prohibited. In performing the Services required herein, MCT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap. IX. Term of Agreement, This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire immediately upon completion of tear-down following conclusion of the final show, or 5:00 p.m. on March I9, 2011, whichever occurs first. X. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. XI. 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. PROPESSIONAL SERVICES AGREEMENT WITH MISSOULA CHILDREN'S THEATRE PAGE 3 OF 4 XII. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. XIII. Approval Repaired. This Agreement shall not become effective or binding until approved by the respective governing bodies of both Presenter and MCT. 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. MISSOULA CHILDREN'S THEATRE: ,,- "g ~ a BY: Date: J Michelson Director ~~ _ STATE OF MONTANA ) I HEREBY CERTIFY that on this .~1 "day of 4 ' ~~, 2010, before the ss: undersigned, a Notary Pubic in the State of Montan personally appeared County of 1~\'~,"~"~.~~) Jonna Michelson, known or proved to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official ~ wl,o,~ SEAN CHAPIN seal, the day and year in this certifuzte first above written, ~1~ NOTARY PUBLIC for the _... State of Montana - "" a SEAL r` Residing at Missoula, MT __ ~` ~-- <- ~", 9'F ~P My Commission Expires Notary Publ}c for Montana °f ^"O Mangy Z0, 2014 Residing at' °'' • ,~ ~(:^ Montana My Commission Expres: '-~ ~ ~ ~ " ~' PRESENTER/CITY OF MERIDIAN: /r, / / Tammy de W~erd Date Mayor !~ Attest: `\`\\\~~~~;~ pF MER/p~9y,''% ~~~~TF ~' o xol n = SEAL = City Clerk 7 ~~ ,,~ ,9 P•r \~~~ I'ItGFESSIONAL SERVICES AGREEMENT W1Tf 3 MI$SOULA CHILDREN'S THEATRE PAGE 4 OF 4 ExxIBIT A r,..,~, MCT, Inc. 200 North Adams Missoula, MT 59802-4718 406-728-1911 fax: 40b-721-0637 tour@mctinc.org www.mctinc.org TOWN: MERIDIAN STATE: ID PRESENTING ORGANIZATION: MERIDIAN ARTS COMMISSION SHOW TITLE: SNOW WHITE AND THE SEVEN DWARFS (SW-4) ACCT#: (D-MERI RESIDENCY WEEK: 3/'!4/2011-3/19/201'1 FIRST TIME: N SPECIAL CIRCUMSTANCES: BOOKING ID: 14626 PLEA'SErC~MPLETE~T,~HE FOLLOWIKG INFORMATION? AUDITION DAY (MON. OR TUES.): ~ J Il AUDITION DATE: TIME: 1-'I . c~,~m {'TO ACCOMMODATE A TUESDAY AUDITION, PERFO MANCES MUST BE SCHEDULED ON SATURDAY) AUDITION LOCATION: REHEARSAL TIME: REHEARSAL LOCATIONS {2 SPACES REQUIRED): 1 AND PERFORMANCE DAY(S) & DATE(S): AND ~ I ~~-1~ 11 TIME(S): AND LOCATION: (SUGGESTED 3:OOPM ~ 5:30PM ON SATURDAY) GRADE LEVELS: KINDERGARTEN THROUGH 5* 6 7 8~9 10 11 12 (`REQUIRED MINIMUM GRADE RANGE) BASE RESIDENCY FEE: $265Q.00 US ADDITIONAL WORKSHOPS (3 INCLUDED IN RESIDENCY FEE) -@$75.000S $ ADDITIONAL PERFORMANCES (2 INCLUDED IN RESIDENCY FEE)_@$300.000S$ (EXTRA SERVICES MAY BE SCHEDULED AT TIME OF RESIDENCY) Oa TOTAL PAYABLE TO MCT: $ 2{P5~ ° A $5..O.O~D~EPOSIT~:WITHF$IGNED AND COMPIETED~CON,~T,;RAC,T,~DU.E:~T.O.~MCT B_Y.~~w09I2.Q/1:9:x' Fr or Office Us~ e 1 ~.ui iu aut ~~,1~ j Received PRESENTER SIGNED ~G V~ !- ~^ -n Entered PRINTED`TITL`E ' I~.1.~d,,IP~I ~ ... _. ~~ . MCI', Inc. 200 North Adams Missoula, MT 59802-4718 406-728-19II fax: a06-721-0637 tour@mctinc.org www.mctinc.org CANCELLATION POLICY: This Touring Contract and the $500 deposit are due on the date indicated in the Contract. If not received on or within 15 days after that date, MCT may cancel the residency and Presenter wil! receive an official letter of cancellation. To secure the date, if Presenter cannot timely return the Contract or deposit, Presenter must be granted an extension by MCT's Marketing Office. !f Presenter provides written notice of cancellation by certified mail not less than 120 days prior to the first day of the residency, the $500 deposit shall be refunded. If MCT does not receive such written cancellation notice at least 120 days prior to the residency, Presenter shall be liable and will be invoiced for the $500. If Presenter cancels.. within 90 days of the first day of residency, Presenter shall be liable and will be invoiced for half of the base residency fee. If Presenter cancels within 30 days of the first day of the residency, Presenter shall be liable and will be invoiced for the full residency fee. If unforeseen circumstances beyond Presenter's control arise, such as an "act of God," MCT will make a reasonable good faith effort to reschedule in a timely manner. CHANGE FEE: If within 90 days of the first day of the residency week Presenter opts to change a contracted residency week to a later date in the same Tour season {summer or school year), a $500 fee shall be assessed. Date changes between Tour seasons are prohibited. = NON-EXCLUSIVITY: MCT does not grant any "right of exclusivity" to any Presenter. RELATIONSHIP OF PARTIES: This Contract shall not in any manner constitute, or be construed as, creating a partnership between the parties. REGULATORY COMPLIANCE: Presenter shall be solely responsible for taking all reasonably appropriate action to ensure that all Contract activities and each audition, rehearsal, workshop and performance complies with the applicable governmental -egulations. BACKGROUND CHECKS: Criminal background checks and fingerprinting have been completed by a nationally recognized company on every member of the Tour Staff. Extensive personal and professional reference checks have also been conducted ~y MCT's Human Resources Department. Should the Presenting Organization require additional background checks and/or Fingerprinting, the Presenter shall pay all associated fees. =EE: The total balance due, for ALt. services rendered {including extra workshops or performances scheduled at time of •esidency), must be paid on or before the day of the performance. A $50.00 late charge will be added to the residency fee mless other arrangements have been negotiated with MCT prior to the residency. 30X OFFICE: Presenter is solely responsible for the pricing and sale of tickets and is entitled to all income from ticket sales. BASTING: There is no guarantee that everyone who auditions wilt be cast in the play. 4DVERT1StNG & PUBLICITY: Presenter shall pay all costs for local publicity and performance promotion shall be paid by the 'resenting Organization. MCT shall furnish Presenter with ONE (1) complete Presenter Information Packet (PIP) on a CD and m-line access, approximately NINETY (90) days prior to the residency, containing graphics, media releases, photo and ~ehearsal score. Additional materials may be purchased at Presenter's request. Presenter must include MCT authorship credit and copyright information on show program. Presenter is strongly encouraged to give recognition in their advertising to any/all appropriate state arts councils/funding agencies for their support of the MCT touring program. MOUSING: Presenter shall provide housing a total of seven (7) nights for the two MCT Tour Actor/Directors, Sunday to Sunday, ~dless of schedule variations set by Presenter (i.e., Tuesday start, Friday shows). If the MCT Tour Marketing Office dictates :sday start or Friday shows, housing will be provided a total of (6) nights, starting the night before the residency duties ~eym and ending the morning after the last performance. Accommodations shall be private (one person per room), clean, :omfortable and safe for the two Tour Actor/Directors, either in ahotel/motel or private home(s), equipped with a phone land-line ~r sufficient cell phone coverage. Providing meals for the Tour Ac#oNDirectors is optional. MCT, Inc. 200 North Adams Missoula, MT 59802-4718 ~~ 406-728-1911• fax: 406-721-0637 tourQmctinc.org www.mctinc.org PARKING: All parking costs related to conducting the residency week (including lodging) will be paid by the Presenter. VIDEO POLICY: Presenter may videotape the MCT production to sell or commercially broadcast subject to the following: • The Videotape/DVD Licensing Fee Agreement shall be completed, signed and returned to MCT with corresponding fee as determined by fee chart (included). • Broadcasts may not occur simultaneously with the live performance of the play. ^ The right to broadcast avideotape/DVD of the performance is limited to one broadcast on a community access station. • MCT must be credited as producer of the play. • Visual or oral credits must be included on the videotape/DVD. Credits for each particular show are included on the Show Program Template in the Presenter Information Materials (which will be sent approximately 90 days prior to the residency}. ^ The videotape/DVD must contain a visual or oral statement that videotape/DVD is only for personal use. • Written permission from MCT is required for any rebroadcast or public performance of the videotapelDVD. • MCT shall receive a complimentary copy of the videotapelDVD. ., MCT SHOW T-SHIRTS AND CDs: The MCT Tour Actor/Directors may have show T-shirts and/or music CDs available for sale. Proceeds from the sale of these concessions are a part of the Tour Actor/Directors weekly income. This supplemental income helps maintain low residency fees. Presenter may not use MCT logos or photos to create T-shirts. A $300 penalty shall be assessed if: 1) T-shirts are produced by Presenter or its agents using MC7 logos or photos; 2) the MCT Tour Actor/Directors are prohibited from selling their T-shirts/CDs by Presenter. If Presenter has an in-house policy on commissions, the Tour Actor/Directors must be informed of that policy during their call on the Tuesday two weeks before the residency, so they may after the prices accordingly. Commissions will not exceed 30% and will not apply if this notification is not given. MCT logos are -copyrighted, and thus may not be reproduced on any items to be sold or distributed. Logos can be used for show program and verttsing purposes only. WORKSHOPS: Three classroom workshops are included in the week-tong residency. A list of workshops is included in the Presenter Information Packet. Workshops w111 be scheduled with the Tour Actor/Directors and may be performed only in accordance with the group size specifications detailed on the workshop. list. The workshop schedule must be finalized and provided to the team by the end of the first day of the residency following rehearsals. If the schedule is not provided verbally or in writing by this deadline, workshops shall not be conducted during the week. All assemblies are equivalent to the cost of three workshops. EXCHANGE OF SERVICES: Choosing to have only one performance does not change the fee, nor can a performance be traded for extra workshops. PIANO AND ACCOMPANIST: Presenter shall provide a piano and accompanist as needed for rehearsals and performances. The rehearsal score is included in the Presenter Information Packet (PIP) and the performance score will arrive with the MCT Team. In the unfortunate situation that an accompanist is not secured by the dress rehearsal and the cast is required to do the show a cappella, a $300 fee shall be assessed. SPACES: Presenter shall provide a minimum of two (2) indoor rehearsal spaces within the same complex. The spaces shall be available throughout the week, with additional workspaces available as requested by MCT prior to the residency: Presenter shall also provide a performance space. All performances must take place in the same venue. A fee of $300 U.S. will be assessed for a change of performance venues between shows. SET ASSEMBLY: The set will be assembled one time during a residency week. If the Presenter requires the set to be moved or disassembled prior to the culmination of performance{s) a fee of $300 U.S. shall be assessed. MCT FEDERAL 10#: 81-0332120 MCT, [nc. 200 North Adams Missoula, MT 59802-4718 ..--•. 406-728-1911• fax:406-721-0637 tour@mctinc.org www. mctinc.org • + •' + • 1 1 1 •• +' TowN: MERIDIAN STATE:ID PRESENTING ORGANIZATION: MERIDIAN ARTS COMMISSION MAw coNTACT: MARY JENSEN TITLE: MAILING ADDRESS: 3650 N PARK CROSSING AVE TOWN: MERIDIAN PHONE #1:208-3444238 FAX: TEAM CONTACT: MARY JENSEN STATE:ID PHONE #2: zl P: 83646 PHONE #3: E-MAID: maryjensenhome@gmail.com TITLE: MAILING ADDRESS: 3650 N PARK CROSSING AVE TowN: MERIDIAN PHONE #1:208-344-4238 FAX: ~---8[LLING CONTACT: MARY JENSEN STATE:ID PHONE #2: zIP: 83646 PHONE #3: E-MAIL: maryjensenhome@gmail.com TITLE: ,BILLING ADDRESS: 3650 N PARK CROSSING AVE TOWN: MERIDIAN STATE: ID ZIP: 83646 PLEASE[NDICATE~ANY~CHANGESTO~CONTACTa INFORMATlON,~BELOW~~;3 PRESENTING ORGANIZATION: ADDRESS: TOWN, STATE, ZIP: ~M{AKE~AnCOPYa~ORaYOUR~RECORDS~AND=RETURN-ORtGINAL.TO MCT EXHIBIT B 1~ttle red. truck pul>~ ins your town with everything it takes to mount afull-scale musical production...excepC the cast. That's where the children of your community come in. On Monday, they're cast as characters. By Saturday, they've gained character- the kind that really counts. roughout MC'T"s dency week, it kids will have learning lines, gs and dances. ~ hey'll learn if they work ~..if they push can create ~ ~' Y ~s:,, f~ ething ~ ' ' ` ~: derful! ~r~ l O N ,MCT cast, girls 1 ys are equal, the d become able, ::experiment with sand the gifted part of the whole. s"on they learn is of them are iry for the show n; , f x ~.. 15 f~ ,- t r ~,;. rr. REVIEWS.. ` '`IViC1' dependabty provides clever scripts, delightful scores, creative costumes, imaginative sets, and most importantly-well-trained, excellent personnel, which inevitably results in an exciting and successful experience for all involved." Greenville, Ohio "'Chanks for all of the great work that you do boosting our morale and providing top-notch entertainment for and From our kids!" Seoul, Korea ` ` '`Bravo to you and your staff for truly making a positive impact on the lives of children!" Oconto Falls, Wisconsin Touring since 1973, MCT visits nearly 1,140 communities annually--in all fifty states, four Canadian provinces, the Canadian Arctic, Cuba, Europe, Asia and the Pacific Rim, Together... helping kids reach a nevv stage What we provide: What we ask of you: Booking information: Presenter Materials: All materials needed to help you plan and promote your residency week-lnc[uding posters, graphics, a photo and pre-written press releases--are sent approximatety 90 days in advance. open Audition: TWO professional MCT Tour Actor/Directors audition and cast 50-60 local school-age children in afull-length original musical production. Focused Rehearsals: Lines, staging, songs and movement are learned in four-and-a-half hours each day, Monday through Friday (twa 2-hour sessions with a short snack break in between). Not all cast members attend all sessions. Three Enrichment Workshops: Our'Cour Actor/Directors present interactive workshops to school or community groups on a variety of theatrical topics. Two Public Performances: The residency week culminates in two public performances stamng your local children, complete with professionally designed scenery and costumes. Housing: Provide private (one person per room), clean, comfortable, and safe accommodations for the two Tour ActorJDirectors for seven nights, Sunday to Sunday. Audition Space: Reserve a large space; a gym is ideal. Two Rehearsal Spaces: Reserve two separate spaces to be used the entire week; ideally, one should be the performance space and the other at least classroom size. Please contact us to learn more about bringing MCT to your community. MCT International 7burs Tour Marketing Department 200 North Adams Missoula, Montana 59802 Phone: {406) 728-1911 Fax: (406) 721-0637 E-mall: tour~mctinc.org Web site: www.mctinc.org Performance Space: Reserve a space that !s at least 28 feet wide, 16 feet deep and 10 feet high and is accessible from both sides. Piano and Accompanist: Provide both-Wednesday through Saturday of the residency week. Publicity: Publicize the audition and performances utiUzing the provided Presenter Materials. Profits: Keep all proceeds from ticket sales-they belong to you! Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER:jH PROJECT NUMBER: FP 10-006 ITEM TITLE: Order of Conditional Approval of Final Plat Larkspur Subdivision No. 3 MEETING NOTES ~~~ovec~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E`~rnc~ Ira Co '` v 1 ~~s@5c~-.~+~C~!-~ ~S ~ corms. Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER: rj~ PROJECT NUMBER: TE 10-017 ITEM TITLE: Order Granting a 2nd 18 Month Time Ext. Olivetree at Spurwing Sub. MEETING NOTES '~~pJ ~ C\ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT ©r~~tra~ ~-'~ ~~~e~-~ ~il~. 1 ~ Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER: 5,J PROJECT NUMBER: AZ 08-005 ITEM TITLE: Finding of Fact, Conclusions of Law for Approval Meridian and Am MEETING NOTES R~ppro~ erS~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT - e d -~--o ~w ~ Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER: rjK PROJECT NUMBER: ITEM TITLE: Resolution No. I~ - ~ 3-1 A Resolution of the Mayor and City Council of the City of Meridian to Amend the Text of the City of Meridian Comprehensive Plan, Chapter 7, Page 103 to Revise the Name and Uses of the Mixed Use Wastewater Treatment Plant Designation to Mixed Use Non- Residential as Recommended by the City of Meridian Planning Department MEETING NOTES ~l~p~~f~C CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 2 BOISE IDAHO 09!08110 12:54 PM DEPUTY Bonnie Oberbillig III I' II I it ~I I II II I I II ~' I II l I I II'I I'll RECORDED-REQUEST OF 110E;18~S5~ Meridian Ciiy CITY OF MERIDIAN RESOLUTION NO. 1 O' 1 ~J-I BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE TEXT OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN, CHAPTER 7, PAGE 103 TO REVISE THE NAME OF THE MIXED USE WASTE WATER TREATMENT PLANT DESIGNATION TO MIXED USE NON-RESIDENTIAL AS RECOMMENDED BY THE CITY OF MERIDIAN PLANNING DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to I.C. § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as maybe expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and, WHEREAS, the Meridian City Planning Department is requesting to amend Chapter 7, page 103 to revise the name of the Mixed Use Waste Water Treatment Plant Designation to Mixed Use Non-Residential; and, WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan, Chapter 7, page as follows: Mixed Use -Non-Residential. E~ COMPREHENSIVE PLAN AMENDMENT -MIXED USE NON-RESIDENTIAL -TEXT Page I of 2 .,ll,....o.l ~,. o ....a ra ....,,., rv .... ,.., ivuaua ; uaau v°i~Yuucr ~ o • T ' '~ ,1 11 1 + '1 The purpose of this category is to designate areas where new residential dwelling units will not be permitted, as residential uses are not compatible with the planned uses for this area. A wide variety of non-residential land uses may occur in this category. Employment opportunities, professional offices warehousin flex buildings, and storage uses as well as retail uses are envisioned The followi~ standards will ably to this category • No new residential uses will be permitted (existing residential will be allowed to remain and expand accessory structures) • Retail uses may comprise a maximum of 50% of the development area • There is neither a minimum or maximum imposed on non-retail commercial uses such as office, food service/restaurants industry or warehouse uses • All developments shall have a mix of at least two types of land uses Sample uses include: Employment centers professional offices flex buildings warehousing, industry, storage facilities and retail. SECTION 3. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~- day of S~r~2.mhe..r , 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of `~-2,rr1~2.~ , 2010. APPROVED: ~~ y de Weerd ATTEST: ~ `-~ O ,~ ~~m co~ By: ~ ~ ,~_ , Jay L an ity Cler ,}; ~ ~ ~ ' ~~ ~, . , ..r t~ ~~ ~~,}~ P V ,w~x,o ~ `'~ \` COMPREHENSIVE PLAN AMENDMENT -MIXED USE NON-RESIDENTIAL -TEXT Page 2 of 2 Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER:jL PROJECT NUMBER: ITEM TITLE: Resolution No. l'0 -~ ~ g A Resolution of the Mayor and City Council of the City of Meridian Approving the Initial By-Laws of the Meridian Historic Preservation Commission MEETING NOTES A~~~ v~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. i~ " ~ ~ g BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING THE INITIAL BYLAWS OF THE MERIDIAN HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 3, 1986, the City Council of the City of Meridian adopted Ordinance no. 471, which added Title 2, Chapter 5 to the Meridian City Code and thereby created the Historic Preservation Commission; and WHEREAS, the Historic Preservation Commission has worked since that time to promote the educational, cultural, economic, and general welfare of the public of the City of Meridian through the identification, evaluation, designation, and protection of those buildings, sites, areas, structures, and objects which reflect significant elements of the City's, the State's, and the Nation's historic, architectural, archaeological, and cultural heritage; WHEREAS, the City Council of the City of Meridian deems the approval of such bylaws to be in the best interest of the City of Meridian in that they facilitate the efficient operation of the Historic Preservation Commission; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council of the City of Meridian approve the initial Bylaws of the Historic Preservation Commission attached hereto as "Exhibit A." 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 ~ day of ~SP~ m ~~~ 2010. RESOLUTION APPROVING BYLAWS OF MERIDIAN HISTORIC PRESERVATION COMMISSION PAGE 1 OF 2 APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of ~~~~-P Y , 2010. APPROVED: t~~~~~ Mayor T my de Weerd ATTEST: By: Ja a ma , Clerk ~ r Zvi ~' ~ 1 U ~ ~~~o ~~ D S~~L 4 z ~ ~GS~o~t Q~~O ~ °~~rv , ~ RESOLUTION APPROVING BYLAWS OF MERIDIAN HISTORIC PRESERVATION COMMISSION PAGE 2 OF 2 BYLAWS of the HISTORIC PRESERVATION COMMISSION WHEREAS, on November 3, 1986, the City Council of the City of Meridian adopted Ordinance no. 471, which added Title 2, Chapter 5 to the Meridian City Code and thereby created the Historic Preservation Commission; and WHEREAS, the Historic Preservation Commission has worked since that time to promote the educational, cultural, economic, and general welfare of the public of the City of Meridian through the identification, evaluation, designation, and protection of those buildings, sites, areas, structures, and objects which reflect significant elements of the City's, the State's, and the Nation's historic, architectural, archaeological, and cultural heritage; NOW, THEREFORE, the Historic Preservation Commission hereby establishes and adopts the following bylaws. ARTICLE I: INTENT The intent in preparing and adopting these bylaws is to provide a framework for the organization, actions, and agenda of the Historic Preservation Commission (hereinafter "Commission"). ARTICLE II: OFFICE The principal location of the Commission shall be at the Office of the City Clerk, 33 E. Broadway Ave., Meridian, Idaho. ARTICLE III: MEMBERSIIIP SECTION 1: TERMS OF OFFICE. In keeping with provisions of Meridian City Code regarding commissioners' terms of office, there are hereby designated six membership seats on the Commission. The commissioner appointed to Seat 1 shall serve an initial term of one (1) year. The commissioners appointed to Seats 2 and 3 shall each serve an initial term of two (2) years. The commissioners appointed to Seats 4, 5, and 6 shall each serve an initial term of three (3) years. SECTION 2: SUBCOMMITTEES. The Commission Chair, with the Commission's approval, shall establish such subcommittees as necessary or helpful to assist or advise the Commission in the performance of its functions and/or furtherance of its mission. The Commission chair shall be an ex-officio member of all sub-committees. Meetings of subcommittees shall comply with any and all applicable public meetings laws. Each subcommittee shall consist of at least two (2) commissioners. Unless a subcommittee chair is appointed by the Commission Chair, each subcommittee shall elect a chair to preside at subcommittee meetings and present the findings and/or recommendations of the subcommittee to the Commission. The Mayor may appoint citizens or public officials to serve as members of subcommittees. With the Commission's approval, the Commission Chair or subcommittee chair may appoint commissioners, citizens, and/or public officials to serve as members of subcommittees. BYLAWS OF THE HISTORIC PRESERVATION COMMISSION PAGE 1 OF 4 SECTION 3: QuoRUM. According to the provisions of Meridian City Code, a majority of currently-appointed commissioners shall constitute a quorum for the transaction of any business of the Commission. SECTION 4: VOTING. Each commissioner shall be entitled to one (1) vote on any matter before the Commission. Except as otherwise designated herein, the vote of the majority of the members present at any meeting at which a quorum is present shall effectuate any decision of the Commission. The Commission Chair shall be a voting member of the Commission and shall hold the same rights and privileges as any other commissioner. Proxy voting and/or secret ballots shall not be permitted. SECTION 5: ATTENDANCE. Three (3) consecutive, unexcused absences of a commissioner from regular Commission meetings shall constitute such commissioner's notice of termination. The Chair or Vice-Chair may excuse a commissioner from attendance. ARTICLE IV: MEETINGS SECTION 1: REGULAR MEETINGS. According to the provisions of Meridian City Code, the Commission shall meet on the second Thursday of each month at 5:30 p.m., unless otherwise specified. SECTION 2: SPECIAL MEETINGS. Special meetings maybe convened by or at the direction of the Chair by notifying the City Clerk's Office and the Commission in the manner specified herein. SECTION 3: PLACE OF MEETINGS. Unless otherwise specified, meetings of the Commission shall be held at Meridian City Hall, in the City Council Chambers, 33 E. Broadway Ave., Meridian, Idaho. SECTION 4: NOTICE OF MEETINGS. Unless otherwise prescribed by statute, commissioners shall be provided written notice of meetings, which notice shall state the date, hour, and location thereof, and shall further state the purpose of the meeting, business to be transacted, and/or agenda. The City Clerk's Office shall issue notice to each and every commissioner not less than forty-eight (48) hours, nor more than thirty (30) days prior to the meeting. Notice maybe issued by e-mail, U.S. Post, and/or personally, by or at the direction of the Chair. SECTION 5: LENGTH OF MEETINGS. No meeting shall run longer than three (3) hours unless a majority vote of the quorum approves the extension of such time limit as to a particular meeting. SECTION 6: CONDUCT OF MEETINGS. The Commission shall operate under the general precepts of Robert's Rules of Order. The order of business for meetings of the Commission shall be as follows: 1) call to order; 2) roll call; 3) approval of the agenda; 4) approval of minutes of previous meeting; 5) old business; 6) new business; 7) reports, presentations, subcommittee BYLAWS OF THE HISTORIC PRESERVATION COMMISSION PAGE 2 OF 4 reports, staff reports; 8) next meeting; 9) adjournment. The agenda shall be followed to the extent possible, but other matters maybe considered upon vote of the majority of the members present at any meeting at which a quorum is present. SECTION 7: AGENDA. The agenda for all meetings of the Commission shall be prepared by the City Clerk's Office in consultation with the Commission Chair. Agenda items maybe proposed to the Commission Chair by any commissioner or any member of the public and shall be placed on the agenda at the discretion of the Commission Chair, provided that adequate notice of such item has been provided as set forth herein. Agenda items not proposed to the Commission Chair by 5:00 p.m. on the Monday preceding the regular meeting, or forty-eight (48) hours before a special meeting shall be considered at any meeting at which a quorum is present only upon vote of the majority of the members present. SECTION 8: PUBLIC APPEARANCES AND REQUESTS. Scheduling of appearances before or requests to the Commission shall be at the discretion of the Chair. The Chair may set rules to maximize efficiency and productivity of meetings, including setting a time limit for presentations and/or comments to the Commission. SECTION 9: MINUTES. Minutes and/or records of the business conducted at all meetings of the Commission or any subcommittee thereof shall be kept and shall be open for public inspection. The minutes of each meeting shall be forwarded to each commissioner prior to the regular meeting at which such minutes are subject to approval by the Commission. ARTICLE V: OFFICERS SECTION 1: DESIGNATION. According to the provisions of Meridian City Code, officers of the Commission shall include the Commission President and Commission Vice-President. Other officers maybe elected as necessary or desirable for the efficient administration of the Commission if a majority of the Commission so decides. SECTION 2: TERM AND ELECTION. Election of officers shall be by voice vote on the record and, according to the provisions of Meridian City Code, shall beheld at the first Commission meeting each calendar year. A special election maybe held at any time to fill a vacancy of office. An officer who fails or refuses to fulfill the duties of his or her office maybe removed from the office by atwo-thirds (2/3) majority vote of the full Commission. SECTION 3: DUTIES OF CHAIR. The Commission Chair shall prepare meeting agendas in cooperation with the City Clerk's Office, shall preside over all full Commission meetings, and shall sign all documents requiring an official signature on behalf of the Commission. The Chair shall recommend, for the Commission's approval, the formation of subcommittees and the appointment of commissioners, citizens, and/or public officials thereto. The decisions, statements, and/or actions of the Chair shall obligate, commit, and/or represent the Commission only insofar as the Commission has specifically authorized. BYLAWS OF THE HISTORIC PRESERVATION COMMISSION PAGE 3 OF 4 SECTION 4: DUTIES OF VICE-CHAIR. The Commission Vice-Chair shall perform the duties of the Chair in the absence of the Chair and shall perform such other duties as maybe delegated by the Commission Chair. ARTICLE VI: AMENDMENT OF BYLAWS The Commission may recommend to the Mayor and City Council that these bylaws be altered, amended, added to, or repealed upon atwo-thirds (2/3) vote of the full Commission. ARTICLE VII: ADOPTION AND EFFECTIVE DATE The Commission adopted the foregoing bylaws, as amended, at its regular meeting on August 12, 2010. These bylaws shall be effective upon their ratification by resolution of the City Council of the City of Meridian. Adopted by the Historic Preservation Commission nth ~ day of , 2010. . r Cam, r Chair, Dr. Thomas Hammond Vice Chair Steve Turney Commissioner Dr. Frank Thomason Commissioner C of Harms Walter Lindgren ommissioner essica Proctor RYT.AWS (7F THF. HTSTnRTC PRF,SF,RVATT(~N CnMMTSST(~N PA(:F, 4 nF 4 Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Settler's Park Tennis Facility Update and Review of the Revised Conceptual Site Plan by Matt Adams with The Land Group and Jo Ann Kurz .~o ~~r 1L.v~Z 1~-1 q-}-~ earn S CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ lP ~~i ~` ,. ~"'a"+. ~. ~ ~ J 1 3 I ~~ / L~ a~ ~ ~ / - . E ~ _~_ - ~ ~ ~ l ~ - ~'; . ,~ in y ~ ~ j $ ~ ,: ~; ~._ 4 li, .. T -~ _; ~.. _ ~ ~ ' ~ ,~ .~ ~~ o ~. _. ~ ~I ~ -_ ~~ :,A.~~ 8 ~~_ , - ~ ~ :~ r .a ~ ~I ^~ W Meridian City Council Meeting DATE: September 7, 20~o ITEM NUMBER: PROJECT NUMBER: AZ 10-001 ITEM TITLE: AZ 10-001 by Ada County Public Hearing: Located at Southwest Corner of N. Linder Road and W. Ustick Road: Request for Annexation and Zoning of 2.58 Acres from R 1 (Ada County) to C-C (Community Business) Zoning District for Ada County Paramedics Linder Station ~o~) C'o open- 2 ~~p reser~~- ~-~ ~a Co ~ rt~1 _ ~ ~p t I C c~.v~-~- (~f c~ `7uh\ ~C~ -~~5~`~Mb~ JJ ~ y o ~~P.~ve, w ~~ t~o,~v e~ ~ --tie ~S-~-~ wide 1~~ndScc~pz, ~.3~-~`ea.- v~Qq v.v ~wz ems. ~ s ©~ w eS-E- bov-de,~- ~- ~q\v~ O~ ~Y~sSv~~z-e~ ~V'v~ 1~~~dv-~ S~(~'lC.In~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER: $B PROJECT NUMBER: ZOA 10-001 ITEM TITLE: ZOA 10-001 by City of Meridian Planning Department Public Hearing: Request to Amend and Add to the Current Provisions of the Unified Development Code (Title 1 1 of Meridian City Code) Related to the Portable Classroom Standards Outlined in UDC 1 1-4-3-14 Education Institution -v o q~\ ~ c a,~,-~ ~-`~4- ~ rv, oY1 ~,~ t~-to-1--~0 --~ -~ Co ~~ ~ vtv ~ Cb~~ ~ ~v ~e d -I-~ q ~ a ~ ~v~,r~-~--~ee~ -z~.v~,bc~, CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER: $C PROJECT NUMBER: CPAT 10-002 ITEM TITLE: CPAT 10-002 by the City of Meridian Planning Department Public Hearing: Request to Amend the Text of the Meridian Design Manual to Edit Clerical Errors, Remove Repetitious Text, Address the Treatment of Residential Building Facades Adjacent to Roadways AND Clarify the Use of Vinyl Siding as an Appropriate Building Material iU o ~vb\ ~ c. -I~~ S~- ~ rn~ Y1 ~~a~ c~ ~1\ Carne- ~Ck- t~ ~~ o. Ye S © ~-p Ivy C ©Y pav-d~~' - C~"n~~S C!`J~1~Pr2~~~S ~v e. ~\o~.v~ - ~ap~~ ell CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~ Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER: $~ PROJECT NUMBER: TE 10-018 ITEM TITLE: Southridge Subdivision No. 1 Public Hearing - 18 Month Time Extension to obtain the City Engineer's signature on the first Final Plat by Linder 109, LLC, et al - SWC of W. Overland Road & S. Linder Road MEETING NOTES vc~.~ ~tqQ w~~ ~~~ La~,d ~-~~ro~p ~~~w.r e~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. ~ ~ "~ ~ 3~ A Resolution of the Mayor and City Council of the City of Meridian Reappointing Eric L. Jensen to Seat 7 and James L. Escobar to Seat 1 of the Meridian Development Corporation; and Providing an Effective Date ~~~ ~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. IO'~~J-1 BY THE CITY COUNCIL: BIRD, HOAGLUN. ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN REAPPOINTING JAMES L. ESCOBAR TO SEAT 1 AND ERIC L. JENSEN SEAT 7 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Development Corporation has been established by actions of the City Council of the City of Meridian pursuant to the Idaho State Code as the Redevelopment Agency for the City of Meridian; and WHEREAS, that action further established its members and terms of their appointments; and WHEREAS, Eric L. Jensen was appointed in October of 2009 to fulfill the remainder of the term for Seat 7 and James L. Escobar was appointed in January, 2010 to fulfill the remainder of the term for Seat 1; WHEREAS, Eric L. Jensen may be reappointed to a 3 year term for Seat 7 and James L. Escobar may be reappointed to a 3 year term for Seat 1; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the respective reappointment of Board Members Eric L. Jensen and James L. Escobar as recommended described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Eric L. Jensen shall be reappointed to Seat 7 of the Meridian Development Corporation, which term shall run through August, 2013. Section 2. That, effective immediately, James L. Escobar shall be appointed to Seat 1 of the Meridian Development Corporation, which term shall run through August, 2013. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION REAPPOINTING 7ENSEN AND ESCOBAR TO MERIDIAN DEVELOPMENT CORPORATION -PAGE 1 OF 2 ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of ~~ ~P_mt~ ~, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of _~Ep~-P ~~~ , 2010. APPROVED: Mayor Tam y de Weerd ®~ ,- ATTEST: ~p~y,~- ~ ~ AGO P ~ ~ ~~~v U ~~ ~ Y~ B ,~ ~. J man, ity Clerk ~ o~ ,~ ~, ~ s& ~~ •~ O ST 1 s~ O ~ ~~~'la 1 \~~~ RESOLUTION REAPPOINTING 7ENSEN AND ESCOBAR TO MERIDIAN DEVELOPMENT CORPORATION -PAGE 2 OF 2 Meridian City Council Meeting DATE: September 7, 20~o ITEM NUMBER: 96 PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No._ LO "~1 y l~ A Resolution of the Mayor and City Council of the City of Meridian Establishing Appointments for Members of the Meridian Impact Fee Advisory Committee ~~~~~ ~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I (~ - 1 y ~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING APPOINTMENTS FOR MEMBERS FOR THE MERIDIAN IMPACT FEE ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Resolution No. 06-1255, on September 5, 2006, amending Title 10, Chapter 7 to the Meridian City Code and thereby created the Meridian Impact Fee Advisory Committee; and 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 § 10-7-11, the following members of the Meridian Impact Fee Advisory Committee be appointed to the following seats and terms of service to be effective October 1, 2010: Seat 1, one-year term: David Fulkerson; Seat 2, one-year term: Gene Strate; Seat 3, one-year term: Kent Mortensen; Seat 4, two-year term: Matt Adams; Seat 5, two-year term: Tom LeClaire; Seat 6, two-year term: Mark Bennett; and Seat 7, two-year term: Steve Elliott. 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 ~ day of ~;~~'Yl b~~ , 2010. RESOLUTION FOR APPOINTMENT OF MERIDIAN IMPACT FEE ADVISORY COMMITTEE MEMBERS - I Of 2 APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of ~QT ~~~, 2010. ATTEST: By: -~f Ja ee lm C ty Clerk APPROVED: G Mayor T,~ y de Weerd C~ ~, , ~m a ~~ ~~~ r ~~°s~~, G ~ i. ~ A 9. y,, J RESOLUTION FOR APPOINTMENT OF MERIDIAN IMPACT FEE ADVISORY COMMITTEE MEMBERS - 2 of 2 Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Public Works: Well # 27 Projects Close Out ~re~}- $lak~~ky~~ Ro,C~e-\L- ~r2serl~ed CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent A. Blake Engineering Technician II DATE: July 19, 2010 SUBJECT: WELL #27 PROJECT CLOSE OUT (AUGUST 17, 2010 DEPARTMENT REPORTS) DEPARTMENT CONTACT PERSONS Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Brent A. Blake, Engineering Technician II (Project Manager) 489-1340 Kyle Radek, Asst. City Engineer 489-1343 Warren Stewart, Engineering Manager 489-1350 Tom Barry, Public Works Director 489-1372 II. DESCRIPTION A. Background Construction of Well #27 Pump House was budgeted for fiscal years 2009 and 2010 in accordance with the City's Water Master Plan Update of 2006 prepared by CH2MHILL. This project provides another needed drinking water source for the City of Meridian residents. Construction of the pumping facilities involved installing a new pump and associated piping, a new building, and surrounding landscape. Page 1 of 3 III. IMPACT A. Strate ig c Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: 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 produced by CH2M HILL. The expectation in 2006 was that three additional wells would be needed by 2010 in order to meet the anticipated demand. We experienced an economic downfall in 2007 and responded by delaying this project. However, the requirement to shut down Well #10 in 2008 brought (due to exceeding the Maximum Contaminant Level for uranium) about the need to move forward with well #27. Therefore, the Well #27 Pump House Project was designed and ultimately constructed in order to provide Meridian residents with an adequate water supply. C. Project Costs: Original Original Budget (Design, Construction, Inspection) 412,200.00 Ori final A reements (Design, Construction, Ins ection) 379,819.96 Difference - 32,380.04 ~;nan a vraers No. Brief Description Cost ($) 1 Design and Consultin Fees (Ori final TO in 2004) 23,868.41 2 Construction (Idaho Power Conduit Installation) 1559.75 Change Order Total +25,428.16 Miscellaneous No. Brief Description Cost ($) 1 Idaho Power Connection 5,464.00 2 3 Miscellaneous Total +5,464.00 Total Project Cost 410,712.12 Page 2 oj3 D. Construction Completion Date Analysis: Original Substantial Difference in Contract Completion Days Completion Date Date 9/30/2009 11/20/2010 +51 The above data shows that substantial completion was attained November 20, 2010. However, the Contractor and City both had contributing factors that delayed the final acceptance date. The Contractor failed to complete the landscaping portion of the project before the onset of winter, and the City encountered SCADA communication problems which required the construction of a taller tower at the Water Department. The completion of both the landscaping and the communication tower were required and completed before the City issued a final acceptance letter to the Contractor. Approved for Council Agenda: % Z a ~ arren Stewart, Engineering Manager D e Page 3 of 3 (~~E IDR IAN,:--- ~~ August 23, 2010 Todd Crutcher IDEA 1445 N Orchard Boise, ID 83706 RE: Well #27 Pumping Facilities Final Acceptance Letter Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Construction of this project has been satisfactorily completed in accordance with the approved plans and specifications. The sewer and/or domestic water system(s) have passed the required tests, in accordance with City of Meridian Standard Specifications and Drawings, and are hereby accepted by the City for ownership and maintenance. In accordance with the general conditions of the City of Meridian Supplemental Specifications and Drawings to the ISPWC, the work performed and products installed shall be free from all defects due to faulty materials and/or workmanship for a period of one (1) year from the date of this Final Acceptance Letter. Sin er .~. Warren Stewart, P.E. Engineering Manager cc. City Clerk, Water Division, Wastewater Division, File Civil Survey Consultants Enclosure - CD City of Meridian Well No. 27 Record Drawings Public Works Department . 33 E Broadway Ave, Suite 200, Meridian, ID 83642 Phone 208-898-5500 . Fax 208-898-9551 www.meridiancity.org r Meridian City Council Meeting DATE: September 7, 2010 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: Ordinance No. 1~ -1y55, An Ordinance of the City of Meridian, Idaho Amending Ordinance No. 09-1427, the Appropriation Ordinance for the Fiscal Year Beginning October 1, 2009 and Ending September 30, 2010, Appropriating Monies That Are to be Received by the City of Meridian, Idaho in the Sum of $817,377.00 and Allocating Expenditures and Providing an Effective Date fl~~-pJ~ - S~ ~pex~ S~ ~ ~ ©~ r.3\~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY O>E' MERIDIAN ORDINANCE NO. 1 a `" ~ ~ ~ BY THE CITY C;OUNCII.: BIRD, IIOACLUN, ROUNTREE, ZAREMBA AN ORDINANCE O:E THE CITY OF MERIDIAi'~I, IDAHO AMENDING ORDINANCE NO. 09- 1.427, THE APPROPRIATION ORDINANCE FOR. THE. FISCAL YEAR BEGINNING C)C"I'OBER 1, 2009 A'ND ENDING SEI'TENIBER 30, 2010. APPROPRIATING MONIES I"HAT ARE TO BE RECEIVED BY THE CITY t7P MERIDIAN, IDAI~O :[N THE SUM OF X817,377 AND ALLOCATING EXPENDITURES AND PROVIDING AN EFFECTIVE DATE. B:E IT ORDAINED BY I'HE MAYUIt AND COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO: Section 1. That Ordinance No. 09-1427, the appropriation ordinance far the City of Meridian, Idaho, far the fiscal year commencing October l , 2009 and. ending September 30, 2010 be and the same is hereby amended as fellows: City of Meridian FY 201.0 Proposed Amendment ~'° General fund - 01 FY2010 FY2010 FY2010 Revenues Property Tax Other Sources Total Revenue Expenditures Personnel and Operating Administration Fire Police Parks Total Personnel and Operating Capital Administration Fire Police Parks Total Capital Garryfr~nward -Operating GarryForward -Capital Total Carryforward Approved Budget Proposed Amendments Total Proposed Budget $ 18,566,705 $ - $ 18,566,705 _ ~ .._ _ 7,245,803__ $ .__ {48,990 $ .._.___7,196,813 $ 25,812,508 $ {48,990) $ 25,763,518 $ 4,784,907 $ 871,460 $ 5,656,367 $ 7,428,634 $ 12,512 $ 7,441,146 $ 10,516,497 $ 374,815 $ 10,891,312 $ 2,425,066 $ -.~. - $ 2,425,066 $ 25,155,104 $ 1,258,787 $ 26,413,891 $ 90,500 $ {6,500) $ 84,000 $ 139,319 $ 9,976 $ 149,295 304,500 $ {13,295) $ 291,205 ___$ 438,225 $ 55,000 $ 493,225 _ $ 972,544 $ 45,181 $ 1,017,725 $ 198,411 $ {118,214) $ 80,198 $ ,1,,128,434 ,$ 2,828 _ $ ...._1,125,606 .___ 1326,845 {121,041) 1,205,804 Total Expenditures $ 27,454,493 $ 1,182,927 $ 28,637,420 AMENDMENT TO BUDGET ORDINANCE NU. 09-1.427 -Page 1 of 6 Transfers ~ Capital Improvement Fund $ 559,495 $ - $ 559,495 Public Safety Fund $ 515,000 $ - $ 515,000 Other Transfers $ (1,389,635) $ - $ (1,389,635) Total Transfers $ (315,140) $ - $ (315,140) Total Expenditures with Transfers $ 27,139,353 $ 1,182,927 $ 28,322,280 Use /Addition of Fund Balance $ 1,326,845 $ 1,231,917 $ 2,558,762 ,.. ,,~. ~m ~~t dui -~0, FY2010 FY2010 FY2010 Ap proved Budget Proposed Amendments Total Proposed Bud ,get Revenues Fire $ 205,000 $ - $ 205,000 Police $ 48,000 $ - $ 48,000 Parks $ 515,000 $ - $ 515,000 Total Revenue __ $ 768,000 $ - $ 768,000 Expenditures Personnel and Operating Fire $ 325,071 $ - $ 325,071 Police $ - $ _ $ _ Parks $ - $ _ $ _ Total Personnel and Operating $ 325,071 $ - $ 325,071 Capital Fire $ - $ - $ Police $ - $ - $ Parks $ - $ - $ Total Capital $ - $ - $ Total Carryfonnrard _ $ 1,430,847 $ (253,823) $ 1,177,224 Total Expenditures $ 1,755,918 $ (253,623) $ 1,502,285 Transfers $ - $ - $ - Total Expenditures with Transfers $ 1,755,918 $ (253,623) $ 1,502,295 (Use~Addition of Fund Balance ~ $ (987,918) $ 253,623 $ (734,295) [ Public Safety Fund - 08 FY2010 FY2010 FY2010 Ap proved Budget Proposed Amendments Total Proposed Budget Revenues Fire $ - $ - $ - /"'~ Police $ - $ - $ - Total Revenue $ - $ - $ - AMENDMENT TO BUDGET ORDINANCE N0.09-1427 -Page 2 of 6 Expenditures •~ Personnel and Operating Fire Police Total Personnel and Operating Capital Fire Police Total Capital $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Carryforward $ - $ - $ - Total Expenditures $ - $ - $ - Transfers $ (515,000) $ - $ (515,000) Total Expenditures with Transfers $ (515,000) $ - $ (515,000) Use Addition of Fund Balance $ 515,000 $ - $ 515,000 Special Revenue Fund20 FY2010 FY2010 FY2010 .~. Total Revenue Total Personnel and Operating Total Capital Total Carryforward Total Expenditures Transfers Total Expenditures with Transfers of Fund Balance merit Services Revenues Building Revenue Other Revenue Total Revenue Expenditures Approved Budget Proposed Amendments Total Proposed Budget $ - $ 690,644 $ 690,644 $ - $ 528,788 $ 528,788 $ - $ 449,136 $ 449,136 $ 343,598 $ (40,129) $ 303,469 $ 343,598 $ 937,795 $ 1,281,393 $ - $ - $ - $ 343,598 $ 937,795 $ 1,281,393 151) $ (590.7 FY2010 FY2010 FY2010 Approved Budget Proposed Amendments Total Proposed Budget $ 1,996,250 $ 12,750 $ 2,009,000 $ 130,000 $ - $ 130,000 $ 2,126,250 $ 12,750 $ 2,139,000 AMENDMENT TO BUDGET ORDINANCE N0.09-1427 -Page 3 of 6 s~ Total Personnel and Operating $ 2,048,419 $ 12,741 $ 2,061,160 Total Capital $ - $ _ $ _ Total Carryfoward $ _ .150,000 $ - $ 150,000 Total Expenditures _ $ 2,198,419 $ 12,741 $ 2,211,160 Transfers $ 77,831 $ - $ 77,831 Total Expenditures with Transfers $ 2,276,250 $ 12,741 $ 2,288,991 (Use)/Addition of Fund Balance $ (150,000) $ 9 $ (149,991) Capital Improvement Fund - 55 FY2010 FY2010 FY2010 Ap proved Budget Proposed Amendments Total Proposed Budget Revenues Total Revenue $ - $ _ $ _ Expenditures Total Personnel and Operating $ - $ - $ _ Total Capital $ - $ _ $ _ Total CanyForward _ $ 755,976 $ (92,460) $ 663,515 Total Expenditures $ 755,976 $ (92,460) $ 663,515 Transfers _ $ (559,495) $ - $ (559,495) Total Expenditures with Transfers $ 196,481 $ (92,460) $ 104,020 of Fund Balance $ (196,481) $ rise Fund `- 60~`=` 62 FY2010 FY2010 FY2010 improved Budget Proposed Amendments Total Proposed Budget Revenues Water/Sewer Sales Other Sources Total Revenue Expenditures Personnel and Operating Utility Billing Public Works Water Wastewater $ 16,086,000 $ - $ 16,086,000 $ 3,677,000 $ 605,000 $ 4,282,000 $ 19,763,000 $ 605,000 $ 20,368,000 $ 772,043 $ - $ 772,043 $ 2,387,862 $ (3,600) $ 2,384,262 $ 6,084,095 $ (1,200) $ 6,082,895 $ 8,034,848 $ 12,800 $ 8,047,648 AMENDMENT TO BUDGET ORDINANCE N0.09-1427 -Page 4 of 6 Total Personnel and Operating $ 17,278,847 $ 8,000 $ 17,286,847 Capital Utility Billing $ - $ - $ - Public Works $ 37,000 $ 8,000 $ 45,000 Water $ 1,325,000 $ (496,000) $ 829,000 Wastewater $ 4,381,840 $ 1,346,050 $ 5,727,890 Total Capital $ 5,743,840 $ 858,050 $ 6,601,890 Carryforward -Operating $ 684,679 $ (68,761) $ 615,919 CarryForward -Capital $__ 8,860,903 $ (1,767,292) $ 7,093,611 Total CarryFonnrard 9,545,582 (1,836,052) 7,709,530 Total Expenditures $ 32,588,270 $ (970,002) $ 31,598L267 Transfers $ __1,311,804 $ - $ 1,311,804 Total Expenditures with Transfers $ 33,880,074 $ (970,002) $ 32,910,072 Use /Addition of Fund Balance $ 14,117,074 $ 1,575,002 $ 12,542,072 Total Bud et -General Funds FY2010 FY2010 FY2010 Ap proved Budget Proposed Amendments Total Proposed Budget Revenues Total Revenue $ 28,706,758 $ 654,404 $ 29,361,162 Expenditures Total Personnel and Operating $ 27,528595 $ 1,800,318 $ 29,328,911 Total Capital $ 972 544 $ 494,317 $ 1,486,861 Total Carryfonnrard 3,251,290 5414,793) 2,836,497 Total Expenditures $ 31,752,428 $ 1,879,840 $ 33,832,268 Transfers $ (752,309) $ - $ (752,309) Total Expenditures with Transfers $ m 31,000,118 $ 1,879,840 ae $ 32,879,959 i® Use Addition of Fund Balance $ 2,293,361 $ 1,225,436 $ 3,518,797 :., Total Budget - All, Funds FY2010 FY2010 FY2010 Ap proved Budget Prop osed Amendments Total Proposed Budget Revenues Total Revenue $ 48,489,758 $ 1,259,404 $ 49,729,182 Expenditures AMENDMENT TO BUDGET ORDINANCE N0.09-1427 -Page 5 of 6 Total Personnel and Operating $ 44,807,442 $ 1,808,316 $ 46,615,758 Total Capital $ 6,716,384 $ 1,352,367 $ 8,068,751 Total Carryforward $ 13,552,848 $ (2,343,306) $ 11,209,542 Total Expenditures $ 65,076,674 $ 817,377 $ 65,894,051 Transfers $ - $ - $ - Total Expenditures with Transfers $ 65,076,674 $ 817,377 $ 65,894,051 (Use)/Addition of Fund Balance $ (16,606,916) $ 442,027 $ (16,164,889) That the sum of $817,377 be appropriated out of the revenues from Fund Balance and Other Sources and Fees, to be used for authorized activities. Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED by the City Council of the City of Meridian, Idaho, this ~, day of r-. ~evEe.m1~.~, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of ~ep~eml~e ~ , 2010. APPROVED: ~- TAM~~ WEERD, MAYOR ATTEST: O r ~ r ~~ GORPOR~ ~~' U ~~ ~.4. '~o 'Y L AN, CITY CL ~., ~ ~, ~. ba Q o p ~ n AMENDMENT TO BUDGET ORDINANCE N0.09-1427 -Page 6 of 6 ~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.10- PROVIDING FOR AN AMENDMENT TO ORDINANCE N0.09-1427 An Ordinance of the City of Meridian providing for the adoption of an amendment to the budget and the appropriation of expenditures of $817,377 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1, 2009 and ending on September 30, 2010. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk First Reading: ,,..., Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 10- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 10- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of September, 2010. William. L.M. Nary City Attorney BUDGET AMENDMENT ORDINANCE SUMMARY FY2010 -1 of 1 Meridian City Council Meeting DATE: September ~, 2010 ITEM NUMBER: 1®B PROJECT NUMBER: ITEM TITLE: Ordinance No. lo' i ~l5 (r~ An Ordinance, Pursuant to Idaho Code §50-1002 AND §50-1003, Providing for a Title and Findings, Providing for the Adoption of a Budget and the Appropriation of $68,263,267.00 to Defray the Necessary Expenses and Liabilities of the City of Meridian, in Accordance with the Object and Purposes and in the Certain Amounts Herein Specified for the Fiscal Year Beginning October 1, 2010 and Ending September 30, 201 1; to Levy All Such Appropriate Taxes and Levies as Authorized by Law Upon Taxable Property; and to Collect All Authorized Revenue; to Provide for the Waiving of the 2nd and 3rd Readings Pursuant to Idaho Code §50-902; and Providing for an Effective Date ~-~~ve. - S~sPex~~~~-, O~ r~l~S CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. (~ - i ~ ~ ~F BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE, PURSUANT TO IDAHO CODE §50-1002 AND §50-1003, PROVIDING FOR A TITLE AND FINDINGS, PROVIDING FOR THE ADOPTION OF A BUDGET AND THE APPROPRIATION OF $68,263,267 TO DEFRAY THE NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN, IN ACCORDANCE WITH THE OBJECT AND PURPOSES AND IN THE CERTAIN AMOUNTS HEREIN SPECIFIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING ON SEPTEMBER 30, 2011; TO LEVY ALL SUCH APPROPRIATE TAXES AND LEVIES AS AUTHORIZED BY LAW UPON TAXABLE PROPERTY; AND TO COLLECT ALL AUTHORIZED REVENUE; TO PROVIDE FOR THE WAIVING OF THE ZNO AND 3~ READINGS PURSUANT TO IDAHO CODE §50-902; AND PROVIDING FOR AN EFFECTIVE DATE AND THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE WITH THE SECRETARY OF STATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO: Section 1. TITLE: This Ordinance shall be entitled and cited as the "2010-2011 Fiscal Year Annual Appropriation Ordinance of the City of Meridian". Section 2. FINDINGS: The City Council finds: A. That it has duly Noticed and held a Public Hearing on the 24`h day of August, 2010 for a Proposed Budget for Fiscal Year 2010-2011 (FY2011) City of Meridian, Idaho; B. That the total revenue anticipated to be available to the City of Meridian during Fiscal Year 2010-2011 is correctly stated in the Adopted Budget which is herein set forth in Section No. 3; and C. The appropriations and sums of money as are hereinafter set forth in Section No. 3 are deemed necessary to defray all the necessary expenses and liabilities of the City of Meridian for Fiscal Year 2010-2011. Section 3. ADOPTION OF BUDGET AND APPROPRIATION OF EXPENDITURE: The City Council does hereby adopt as and for the budget and the appropriation of expenditure for the City of Meridian for Fiscal Year commencing October 1, 2010 and ending on September 30, 2011 the following: ANNUAL APPROPRIATION ORDINANCE FY2011 -Page 1 of 7 CITY OF MERIDIAN FY ZO11 BUDGET FY2009 ~ FY2010 FY2011 'n I B Pr osed Bud et Actual Ori i a ud et o 9 9 P 9 Revenues Property Tax $ 17,060,769 $ 18,566,705 $ 18,950,000 Other Sources $ 8,558,806 $ 7,245,803 $ 7,756,230 Total Revenue $ 25,619,575 $ 25,812,508 $ 26,706,230 Expenditures Personnel and Operating Administration $ 4,470,450 $ 4,784,907 $ 4,913,973 Fire $ 6,416,636 $ 7,428,634 $ 7,741,559 Police $ 9,255,684 $ 10,516,497 $ 11,056,515 Parks $ 2 041,452 $ 2,425,066 $ 2,845,775 Total Personnel and Operating $ 22,184,223 $ 25,155,104 $ 26,557,822 Capital Administration $ 283,850 $ 90,500 $ 70,080 Fire $ 998,848 $ 139,319 $ 450,000 Police $ 263,064 $ 304,500 $ 513,500 Parks $ 1,263,474 $ 438,225 $ 625,500 Total Capital $ 2,809,236 $ 972,544 $ 1,659,080 Canyfonnrard -Operating $ 198,411 $ 480,835 Canyforward -Capital $ 1,128,434 $ 1,413,768 Total CarryFonnrard - 1,326,845 1,894,603 Total Expenditures $ 24,993,459 $ 27,454,493 $ 30,111,505 Transfers Capital Improvement Fund $ - $ 559,495 Public Safety Fund $ - $ 515,000 Other Transfers $ 948,916 $ (1,389,635) $ (1,446,494) Total Transfers $ 948,916 $ (315,140 $ (1,446,494 Total Expenditures with Transfers $ 25,942,374 $ 27,139,353 $ 28,665,011 of Fund Balance Revenues Fire ,~ Police Parks Total Revenue 781 FY2009 FY2010 FY2011 Actual Original Budget Proposed Budget $ 242,554 $ 205,000 $ 345,000 $ 55,056 $ 48,000 $ 60,000 $ 812,768 $ 515,000 $ 865,000 $ 1,110,379 $ 768,000 $ 1,270,000 ANNUAL APPROPRIATION ORDINANCE FY2011 -Page 2 of 7 Expenditures Personnel and Operating '~ Fire Police Parks Total Personnel and Operating Capital Fire Police Parks Total Capital Total Carryforward Total Expenditures Transfers $ 469,334 $ 325,071 $ - $ - $ 3,067 $ - $ 472,401 $ 325,071 $ - $ $ $ 13,222 13,222 1,041,302 $ $ $ - - - $ 500,000 $ 1,067,745 $ - $ 500,000 $ 1,430,847 $ 546,666 $ 1,540,146 $ 1,755,918 $ 1,046,666 $ - $ - Total Expenditures with Transfers $ 1,540,146 $ 1,755,918 $ 1,046,666 (Use~Addition of_Fund Balance $ (429,767_____$_ _ (987,918 $ 223,334 Public Safe Fund - 08 FY2009 FY2010 FY2011 '~~~ Actual Original Budget Proposed Budget Revenues Fire $ 658 $ - $ - Police $ 5 $ - $ - Total Revenue $ 663 $ - $ - Expenditures Personnel and Operating Fire $ 10 $ - $ - Police $ 276 $ - $ - Total Personnel and Operating $ 286 $ - $ - Capital Fire $ - $ - Police $ - $ - Total Capital $ - $ - $ - Total Carryfonnrard Total Expenditures $ 286 $ - $ - Transfers $ (1,470,000) $ (515,000) $ - '~ Total Expenditures with Transfers $ (1,469,714) $ (515,000) $ - (Use)/Addition of Fund Balance $ 1,470,378 $ 515,000 $ ANNUAL APPROPRIATION ORDINANCE FY2011 -Page 3 of 7 .... .. S eclal Revenue Fund - 20 ~"~ FY2009 FY2010 FY2011 Actual Original Budget Proposed Budget Total Revenue $ 327,564 $ - $ 540,867 Total Personnel and Operating $ 312,134 $ - $ 237,692 Total Capital $ 14,900 $ - $ - Total Carryfoward $ 343,598 $ 956,551 Total Expenditures $ 327,034 $ 343,598 $ 1,194,243 Transfers $ _ $ _ Total Expenditures with Transfers $ 327,034 $ 343,598 $ 1,194,243 (Use)/Addition of Fund Balance $ 530 $ (343,598) $ (653,376) FY2009 FY2010 FY2011 Actual Original Budget Proposed Budget Revenues Building Revenue $ 2,255,885 $ 1,996,250 $ 1,870,000 Other Revenue $ 132,930 $ 130,000 $ 332,000 Total Revenue $ 2,388,815 $ 2,126,250 $ 2,202,000 Expenditures Total Personnel and Operating $ 2,183,609 $ 2,048,419 $ 2,014,072 Total Capital $ 44,351 $ - $ - Total Carryfonnrard $ 150,000 $ 150,000 Total Expenditures $ 2,227,960 $ 2,198,419 $ 2,164,072 Transfers $ 487,366 $ 77,831 $ 136,197 Total Expenditures with Transfers $ 2,715,326 $ 2,276,250 $ 2,300,269 (Use)/Addition of Fund Balance $ (326,511) $ (150,000) $ (98,269) FY2009 FY2010 FY2011 Actual Original Budget Proposed Budget Revenues Total Revenue $ 14,954 $ - $ - Expenditures r`'` Total Personnel and Operating $ - $ - $ - Total Capital $ 2,332,533 $ - ANNUAL APPROPRIATION ORDINANCE FY2011 -Page 4 of 7 Total Carryforward $ 755,976 Total Expenditures $ 2,332,533 $ 755,976 $ - Transfers $ (1,000,000) $ (559,495) $ - Total Expenditures with Transfers $ 1,332,533 $ 196,481 $ - (Use /Addition of Fund Balance $ (1,317,579) $ (196,481_ $ - __ Enterprise fund-60&62 FY2009 FY2010 FY2011 Actual Original Budget Proposed Budget Revenues Water/Sewer Sales $ 13,693,157 $ 16,086,000 $ 19,200,000 Other Sources $ 7,547,124 $ 3,677,000 $ 4,240,000 Total Revenue $ 21,240,281 $ 19,763,000 $ 23,440,000 Expenditures Personnel and Operating Utility Billing $ 662,259 $ 772,043 $ 794,295 Public Works $ 1,919,367 $ 2,387,862 $ 3,207,774 Water $ 4,670,876 $ 6,084,095 $ 6,496,154 Wastewater $ 6,071,552 $ 8,034,848 $ 8,105,890 Total Personnel and Operating $ 13,324,054 $ 17,278,847 $ 18,604,113 Capital Utility Billing $ - $ - $ - Pubiic Works $ - $ 37,000 $ 95,920 Water $ - $ 1,325,000 $ 1,975,600 Wastewater $ - $ 4,381,840 $ 4,681,790 Total Capital $ - $ 5,743,840 $ 6,753,310 Carryforward -Operating $ 684,679 $ 1,165,938 Carryforward -Capital $ 8,860,903 $ 7,223,421 Total Carryfonnrard - 9,545,582 8,389,358 Total Expenditures $ 13,324,054 $ 32,568,270 $ 33,746,781 Transfers $ 1,033,718 $ 1,311,804 $ 1,310,298 Total Expenditures with Transfers $ 14,357,772 $ 33,880,074 $ 35,057,079 (Use)/Addition of Fund Balance $ 6,882,509 $ (14,117,074) $ (11,617,079) FY2009 FY2010 FY2011 Actual Original Budget Proposed Budget Revenues Total Revenue $ 29,446,997 $ 28,708,758 $ 30,719,097 Expenditures Total Personnel and Operating __ $ 25,152,653 $ 27,528,595 $ 28,809,586 ANNUAL APPROPRIATION ORDINANCE FY2011 -Page 5 of 7 Total Capital ~, Total Carryforward Total Expenditures $ 3,936,231 $ 872,544 $ 2,159,080 - 3,251,290 3,547,819 $ 29,088,884 $ 31,752,428 $ 34,516,485 Transfers $ (33,718) $ (752,309) $ (1,310,297) Total Expenditures with Transfers $ 29,055,166 $ 31,000,119 $ 33,206,188 (Use)/Addition of Fund Balance $ 391,831 $ (2,293,361) $ (2,487,091) c~ta~' E3U eat -' A~~'Funds FY2009 FY2010 FY2011 Revenues Total Revenue Expenditures Actual Original Budget Proposed Budget $ 50,702,232 $ 48,469,758 $ 54,159,097 Total Personnel and Operating $ 38,476,706 $ 44,807,442 $ 47,413,699 Total Capital $ 6,268,764 $ 6,716,384 $ 8,912,390 Total CanyForward $ - $ 13,552,848 $ 11,937,177 Total Expenditures $ 44,745,471 $ 65,076,674 $ 68,263,266 Transfers $ 0 $ - $ 1 Total Expenditures with Transfers $ 44,745_,471 $ 65,076,674 $ 68,263,267 (Use)/Addition of Fund Balance $ 5,958,781 $ (18,808,918) $ (14,104,170) Section 4. That the general tax levy and all appropriate taxes and levies be imposed as authorized bylaw and all authorized revenue is collected. Section 5. That the 2"~ and 3'~ readings of this ordinance are waived by suspension of the Rule as allowed pursuant to Idaho Code §50-902. Section 6. The City Clerk is directed to forthwith publish this Ordinance and file a certified copy of the same with the office of the Secretary of State of Idaho as provided in Idaho Code §50-1003 and the same shall be in full force and effect from and after its passage, approval and publication, according to law. ,,,..,~ ANNUAL APPROPRIATION ORDINANCE FY2011 -Page 6 of 7 PASSED by the City Council and APPROVED by the Mayor of the City of Meridian, ~` Idaho this ~_ day of September, 2010. APPROVED: STATE OF IDAHO ) ss. County of Ada ) On this ~_ day of~~~rnbe~ , 2010, before me, the undersigned, a~ fl j done Notary Public in and for said State, personally appeared TAMMY de WEERD and-I~i~E~~.""-- J IrEE3blti4~, 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 firs ~~bvy~y~ritten. i •~~OT'NjC~''•' (SEAL) ~ ~' ~~ : NOTARY PUBLIC FOR IDAHO ~ ,~ i ~ RESIDING AT: ~:c~ ~-O • ~~ • ~ MY COMMISSION EX IRES: ~-lam ~4~•~ ••. OF IU~'`~'•~ ••...••` ANNUAL APPROPRIATION ORDINANCE FY2011 -Page 7 of 7 r•.. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § SO-901(A) CITY OF MERIDIAN ORDINANCE N0.10- PROVIDING FOR AN ANNUAL APPROPRIATION ORDINANCE FOR THE ADOPTION OF A BUDGET FOR THE CITY OF MERIDIAN FOR FY2011 An Ordinance of the City of Meridian providing for the adoption of a budget and the appropriation of $68,263,267 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1, 2010 and ending on September 30, 2011. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk ,~.,~ First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YE5 NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 10- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 10- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of September, 2010. William. L.M. Nary City Attorney ANNUAL APPROPRIATION ORDINANCE SUMMARY FY2011-1 of 1