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2011-04-26E IDIAN� I D A H O CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA Tuesday, April 26, 2011 at 7:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird XMa or Tamm de Weerd _ Y Y 2. Pledge of Allegiance 3. Community Invocation by Darrell Taylor with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Construction Agreement for Repair of Plaza Concrete Project with Haemker Construction for a Not -to -Exceed Amount of $8,617.00 B. Reclaimed Water User Agreement with ST Investments and User Manual Including Education Regarding the Requirements of the Citywide Reclaimed Water Permit C. Water and Sewer Line Easements for Somerton Subdivision D. Approve the Amended License Agreement with Nampa & Meridian Irrigation District to Change the Installation Location of a Reclaimed Waterline that Crosses the Five Mile Drain Which will be Installed as Part of the Ten Mile Road - Cherry Lane to Ustick Road Reclaimed Waterline Project E. Task Order #10229A for Professional Services (Related to the NW 8th Street - Broadway Avenue to W. Willowbrook Drive Sewer Line Rehabilitation Project) with Murray, Smith & Associates, Inc. for a Not -To -Exceed Amount of $63,800.00 per the Master Agreement Dated April 13, 2010 Meridian City Council Meeting Agenda — Tuesday, April 26, 2011 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. 6. F. Award of IFB #WTR-11-10239 to Rush Truck Centers for a Dump Truck in the Not -To -Exceed amount of $80,843.00 and Authorizing the Purchasing Manager to Issue a Purchase Order. G. Agreement for Independent Contractor Services with Cascade Pipeline Corporation for the Sewer Line Replacement Project, Sites 4 - 8 for a Not -To -Exceed Amount of $151,026.00 H. Personal Services Agreement between the City of Meridian and Jeanette Light to perform services for the City of Meridian Wellness Program. I. New Beer, Wine and Liquor License for McTime Coffeehouse Inc. dba It's All About You Catering (The Grotto) located at 112 E. Idaho Ave J. Approval of Beer, Wine Liquor License Renewals for 2011-2012 as follows : Pier 49 Pizza Maverik Store #233 Maverik Store #343 Legacy Feed and Fuel Ginos Italian Ristorante & Bar Whitewater Pizza & Pasta Don Diegos Shari's of Meridian #206 Bill & Lynns Place Jakers of Meridian Rick's Press Room Dickey's BBQ Pit Fusion Asian Grill White Water Saloon Rudys Pub & Grill Community Items/Presentations 4665 E. Overland Rd. 1605 Cherry Lane 1545 Overland Rd. 3100 S. Meridian Rd. 3015 W. McMillan Rd. #108 1510 N. Eagle Rd. 2951 E. Overland Rd. #190 895 S. Progress 229 W. Franklin Rd. 3268 E. Pine St. 130 E. Idaho Ave. 2845 E. Overland Rd. #150 3161 E. Fairview Ave. 1646 N. Meridian Rd. 2310 Overland Rd. A. Continued from April 19, 2011: Excellence Award to Citi Cards Works Employee Recognition 7. Department Reports Presentation of the Environmental by the City of Meridian and Public A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update Meridian City Council Meeting Agenda — Tuesday, April 26, 2011 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. 8. 9. 10. B. Meridian Development Corporation (MDC): Expansion Request Discussion Approved request for addition of (2) board members Items Moved From Consent Agenda Action Items A. Public Hearing Continued from April 19, 2011: MDA 11-003 Meridian Vision by Kevin McElroy Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Amend the Existing Development Agreement (Instrument No. 107067262) to Include a New Site Plan and New Elevations Approved B. FP 11-002 Barletta Subdivision by Russell Hunemiller Located on the Northeast West Side S. Ten Mile Road, Midway Between W. Tasa Drive and W. Overland Road Request: Final Plat Approval Consisting of Two (2) Building Lots and Two (2) Common Lots on Approximately 5.80 Acres of Land Approved Continued Department Reports A. Mayor's Office and Parks Department Joint Report: Future Events in Kleiner Park Discussion B. Legal Department: Update on House Bill 328, Which Will Require the City to Restructure the Clerk's Office and Police Department Fee Schedules Regarding Processing Public Records Requests C. Clerks Office: Approval of Beer, Wine Liquor License Renewals for 2011-2012 as Follows: (Pending Ada County) The Busted Shovel Lakeview Golf Course Groove Coffee Muggsys Corkscrews Wine Shop & Pub Smashburger Vina Restaurant 11. Ordinances 704 Main St. 4200 W. Talamore 800 N. Locust Grove 501 S. Main St. 729 N. Main St. 3223 E. Louise Dr. #100 1534 N. Main Street A. Continued from April 19, 2011: Ordinance No. 11-1482: ZOA 11-001 Unified Development Code (UDC) Text Amendment by the City of Meridian Planning Department Request: Amend the Text of Certain Sections of the UDC to Include General Clarifications/Clean-up Items Meridian City Council Meeting Agenda — Tuesday, April 26, 2011 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. 12. Future Meeting Topics None Adjourned at 8:05 p.m. Meridian City Council Meeting Agenda — Tuesday, April 26, 2011 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. RECEIVED Changes to Agenda: None APR 2 6 2011 Item #9.A: Meridian Vision (MDA -11.003) CITY OF GWE�- Application(s): CIN CLERKS OFFICE ➢ Modification of the existing development agreement (DA) to update the conceptual development plan &building elevations/materials. Size of property, existing zoning, and location: The subject property consists of 1.12 acres, is currently zoned C -C, and is located on the northeast corner of N. Meridian Road & E. Carmel Drive. Background: This site was annexed in 2007 with a development agreement. The conceptual development plan & building elevations included in the DA depicted a 14,000 square foot (s.f.), 2 -story office building. Since that time, the property has changed ownership. Summary of Request: The new owner proposes to modify the DA to update the conceptual development plan, building elevations and construction materials. The new plan depicts a 2,700 s.f. single -story office building with an additional 5,000 s.f. building pad for future development. Staff also recommends a change to an existing provision of the DA that requires an easement to be granted for cross -access to the property to the north. The provision currently requires the easement to be recorded prior to issuance of CZC; staff recommends the applicant be allowed to proceed with their CZC without delay and submit the easement prior to issuance of Certification of Occupancy. Written Testimony: Brian Garrett, Applicant's Representative (response to staff report) Outstanding Issue(s) for City Council: None Staff Recommendation: Approval Notes: Item #9.B: Barletta Subdivision (FP -10-002) Application(s): ➢ Final Plat Size of property, existing zoning, and location: The subject property consists of approximately 5.80 acres, is currently zoned R-2, and is located on the west side of S. Ten Mile Road midway between W. Tasa Drive and W. Overland Road. Summary of Request: Final Plat approval of 2 residential lots and 3 common lots in an R-2 zoning district. The only notable change from the preliminary plat to the final plat was the addition of a 25 -foot wide common lot (Lot 5, Block 1) along S. Ten Mile Road due to the road widening of S. Ten Mile Road facilitated by ACRD. Staff finds the proposed final plat to be in substantial conformance with the approved preliminary plat with the inclusion of the added common lot in accord with the UDC. Written Testimony: Shari Stiles (Engineering Solutions) Applicant is in agreement with the conditions of the staff report. Outstanding Issue(s) for City Council: None Notes: Meridian CitV Council Meeting April 26 2011 A meeting of the Meridian City Council was called to order at 7.00 p.m., Tuesday, April 26, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd Brad H oaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman Anna Canning, Rich Dees, Sonya Watters, John Overton, Jeff Lavey, John Overton, Mark Niemeyer, Steve Brenda Sherwood, Robert Simison, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoag lun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I would like towelcome everyone here this evening. Thanjoiningg k you for i us. For the public record t is Tuesday, April 26. It's 7:00.m. We will start p with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. Ifou will all rise and join Y us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Darrell Taylor with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led . g by Darrell Taylor. He is with Ten Mile Christian Church. If you will all join us in the co . Y community invocation or take this as an opportunity for a moment of reflection. ThankY ou for joining us. Taylor: Thank you. De Weerd: If you can use the mike, Darrell that would beg reat. Taylor: Well, Heavenly Father, we just take a moment out sa just to thank 1 y you, Lord, for such a beautiful day. Father, we just thank you forspring, because it reminds . nds us of new beginnings. Father, as we -- as we think about this spring and new beginnings, . p g we remember in your word that your grace and your mercy is renewed eve da for every y us and Meridian City Council April 26, 2011 Page 2 of 27 just thank you, Lord, for your guidance. Ask Lor • . g d, your wisdom upon this meeting tonight. Father, for those that are serving g ing in the armed forces and away from their families, Father, an extra blessingon them that you ' y will guide and direct them, Lord. Father, in all things we just look toou for our blessings, just Y s ngs, our strength, and we glorify your son's name and it's in Jesus' name wera p y, amen. Item 4: Adoption of the Agenda De Weerd: Thank you so much for kickingus off evening. Item • agenda. g m No. 4 is adoption of the Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just one item to note on tonight's agenda. Under Item 11 ' . g ,Ordinances, 11 A is ordinance number 11-1482. And with that, Madam Mayor, I move adoption Y p on of the agenda as presented. Rountree: Second. De Weerd: I have a motion and a second to adopt . as thea agenda resented g p All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Construction Agreement for Repair of Plaza Concrete Project with Haemker Construction for a Not -to -Exceed Amount of $8,617.00 B. Reclaimed Water User Agreement with ST Investments and User Manual Including Education Regarding q the Requirements of the Citywide Reclaimed Water Permit C. Water and Sewer Line Easements for Somerton Subdivision D. Approve the Amended License Agreement with Nampa & Meridian Irrigation District to Change the Installation Location of a Reclaimed Waterline that Crosses the Five Mile Drain Which will be Installed as Part of the Ten Mile Road - Cherry Lane to Ustick Road Reclaimed Waterline Project E. Task Order #10229A for Professional Services (Related to the NW 8th Street -Broadway Avenue to W. Willowbrook Drive Meridian City Council April 26, 2011 Page 3 of 27 Sewer Line Rehabilitation Project) with Murray, Smith & Associates, Inc. for a Not -To -Exceed Amount of $63,800.00 per the Master Agreement Dated April 13, 2010 F. Award of IFB #WTR-11-10239 to Rush Truck Centers for a Dump Truck in the Not -To -Exceed amount of$80,843.00. and Authorizing the Purchasing Manager to Issue a Purchase Order. G. Agreement for Independent Contractor Services with Cascade Pipeline Corporation for the Sewer Line Replacement Project, J t, Sites 4 - 8 for a Not -To -Exceed Amount of $151,026.00 H. Personal Services Agreement between the Cit of Meridian n and Jeanette Light to perform services for the City of Meridian Wellness Program. I. New Beer, Wine and Liquor License for McTime Coffeehouse Inc. dba It's All About You Catering (The Grotto) located at 112 E. Idaho Ave J. Approval of Beer, Wine Liquor License Renewals for 2011-2012 as follows: Pier 49 Pizza Maverik Store #233 M ave ri k Store #343 Legacy Feed and Fuel Ginos Italian Ristorante & Bar Whitewater Pizza & Pasta Don Diegos Shari's of Meridian #206 Bill & Lynns Place Jakers of Meridian Rick's Press Room Dickey's BBQ Pit Fusion Asian Grill White Water Saloon Rudys Pub & Grill De Weerd: Item 5, our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. 4665 E. Overland Rd. 1605 Cherry Lane 1545 Overland Rd. 3100 S. Meridian Rd. 3015 W. McMillan Rd. #108 1510 N. Eagle Rd. 2951 E. Overland Rd. #190 895 S. Progress 229 W. Franklin Rd. 3268 E. Pine St. 130 E. Idaho Ave. 2845 E. Overland Rd. #150 3161 E. Fairview Ave. 1646 N. Meridian Rd. 2310 Overland Rd. Meridian City Council April 26, 2011 Page 4 of 27 Hoaglun: There were no additions or changes to the Consent Agenda, so with that move approval of the Consent Agenda and the Mayor to sign Y g and Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve pp ve the Consent Agenda. If there is no discussion by Council, Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zarembaea' H y oaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Continued from April 19, 2011: Presentation of the Environmental Excellence Award to Citi Cards by the City of Meridian and Public Works Employee Recognition De Weerd: Item 6 we have the opportunity to do a community presentation and I will tell you a little bit about our City of Meridian Environmental Excellence Award. This award is presented to a company that displays outstanding environmental . g efforts that greatly impact our city service, operations, and the general public. Several hundred companies in the City of Meridian are reviewed by our Public Works environmental I wastewater pre- treatment staff to determine the award winner. Environmentalrac i p t ces, equipment, and technology are major selection criteria. At this time I would like to give some information about who we will be recognizing tonight. One award goes to Ci ti Cards and the other to Richard Briggs and they are Citi's facilit mans y emen g t company and i the reason s with the collaborative efforts that these two entities h ' have in achieving significant results that result in cost savings and environmental stewardship, this award demonstrates Citi's innovative strategies in their workforce thatrovi p de a welcoming, comfortable workplace and work environment. In addition the ' y are sustaining significant cost efficiencies. And, Mollie, maybeou can tell us a little bit t about what they are doing and, then, I will come down and helpresent the away You p d. Mangerich: Thank you. I would love that. Thankou Madam Ma ' Y Mayor and Council Members. Well, we have the pleasure of thinking and assessing Citi Card and Jones LaSalle Americas as year's Environmental Excellent Award winner to actual humble beginnings with Randy Elliott, who I'd like to give a nod to our - inspector -- g pre-treatment De Weerd: Stand up. Mangerich: Thank you. He worked with their chief engineer Rich Briggs in determining that they needed a new grease interceptor, it was not equipped for the number of Meridian City Council April 26, 2011 Page 5 of 27 employees they had in their large cafeteria an • g d they worked collaboratively over a series of months and were able to replace, reinstall � • .. p a brand new interceptor within this facility, thereby protecting their processed • p wastewater and did a lot of pollution prevention as a result of that of the wastewater entering our treatment plant. Well, that was only the beginning. Then once we be to talk -- began with them we found that they had saved and please correct me if I'm wrong-- but • ' • something like 2.5 million kilowatt hours of energy since you began using new energy � • . g gy insulations, building management systems, since 2004. That is an incredible amount of en • energy that they are saving from Idaho Power grid for use for other resources. Within ' . n our community. And, then, along with the new commingled recycling that we launched w' ' with our waste provider SSC, they have been able to reduce their trash collection from' five to four times and have increased their recycling exponentially. So we justssaid Y d hats off to them, they have hit it all, solid waste, air quality, conservation, waterrotection p . De Weerd: Thank you. And tonight we have Matt Phelps, Lora Cobb, and Rick Briggs i and, Randy, f you will also come up. I will tellou that Matt tt is one of my CEO readers with the Mayor's CEO book club and he and Lora were telling• • me how excited Citi has been about this award and the recognition, because ito ' g es to the core of their company philosophy and operations and we just appreciate being pp you g here. So, I will Join you up front. So, I will -- sorry. I'm really loud, but I didn't know I was that loud. It is with great honor that I represent or get to present the 2010 Environmental Excellence Award to Citi Card for their partnership and in achieving superior accomplishments and promoting and sustaining the city's value of environmental stewardship. So, Matt, I will present this to you and see if you would like to make any comment. Phelps: Thank you very much. I'd like to thank Madam Mayor, the City Council, and the City of Meridian environmental division. At Citi Group one ' . p of our core missions is to drive cost efficiencies through environmental) sustainable Y methods as the Mayor shared. This was a team effort, though, and I want to acknowledge' our chief engineer Rick Briggs. He's standing here next to me and he will be receiving ving an award here momentarily. I can tell you without Rick's expertise and his innovation many of the great accomplishments that Mollie listed for our site would not have been' possible. Rick helps us manage an 180,000 square foot facilityhere in Meridian dean where we employ about a thousand people. But, moreover, I also want to acknowledge' the partnerships that we developed with the City of Meridian. I think that's evident' here this evening, as well as the partnerships we have developed with Idaho Power over the last few years as well. So, on behalf, again, of the 1,000 Citi Card's employeesMeridian I gratefully accept this award. Thank you very much. De Weerd: And this is to Richard Brigs and Citi -- so I am ' Briggs skipping your name, because LaSalle -- LaSalle. Jones Lan LaSalle Americas Inc., . g nc.and Citi Realty Services for the partnership in achieving superior accomplishments p p is and promoting and sustaining the city's value of environmental you . stewardshi Thank so mjoiningp y uch for us. Rick, would you like to say a few words? Meridian City Council April 26, 2011 Page 6 of 27 Briggs: The city has been real helpful in • • p allowing us to find monies to implement en management devices within the builds p energy . ng and as a lot of people probably know, one of the biggest costs in commercial build y ' Ings is lighting and a few years ago we were able to group relamp the entire buildingwith the • help of Idaho Power, which had incentives and rebates, we were able to relampthe entire • • building at basically a cost to Citi Group e. And i of 3,000 dollars. So, that was huge. n the process of doing that we were able to relamp or delamp the building, which took one lamp out of all of our fixtures, which took our consumption down 30 percent and that -- you know, since • full year y nce 05 when we took the first y of occupancy we consumed 7.5 million kilowatt hours and last year we were just under five million. So, that's about a 30 • k percent savings in five years and, you now, the cooperation of the business allowingus to sural migrate employees after hours into ler sectors within the building that we can all ' g ow our lighting system to work has been real beneficial as well. But I appreciate this. is. Thanks. De Weerd: I would just like to take an extra moment to recognize Randy. Our staff really takes this environmental sustainability to ' . y sk very serious and they are not obstacles with our companies, the are our full fl • Y edged partners and I think, Randy,that you have exampled that and I just wanted to point out our sincere appreciation to your attitude of working with our companies and • p finding -- being a partner to their success. So, we are very grateful to what you do out in • Y the field and your customer service and the face of Meridian that you put on. So thank . you. And, Steve, thank you forjoining us tonight, too. I was delighted to meet our d y daughter this weekend, by the way. Item 7: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update De Weerd: Okay. Item No. 7-A is the Mayor's • . y office. The Mayors Youth Adviso Council. We have Eli and Janelle here ry ,our frequent fliers. Come on up and tell us what's going on with MYAC. E. Nary: Madam Mayor, Members of the Council over the last four years, you know, of involved nvolved in MYAC you see lots of different faces. You see people who come and go, you see people who graduate, you see people who stopcoming. ' g You see basically every facet of student. You see -- you see the kid who does nothing and, then, you see the kid who does everything. And one face that never' waivers, one face that you see every meeting and the first person to put ten things her late an g on p d, then, you go there is no way that she can get all that done and she still finds a way to do it, is Janelle de Weerd. She's a dedicated member, she does areat g thing, and she exemplifies exactly what the Mayor's Youth Advisory Council is arou g p of leaders and she does that perfectly. She does a great job and I'm delighted to say y that Janelle will be the chair of the Mayor's Youth Advisory Council for next. earAnd ' Y you're not here to hear from me, so let me hand it over to her. Meridian City Council April 26, 2011 Page 7 of 27 J.de Weerd: Thank you, Eli. That was really nice ce and once again I'd like to thankou for the past two years you have been an awesomey char and you have definitely gotten the job done in ways that no one else could do, so -- but I m here to update you on what we have been doing the last couple -- p about month or so. We had the dinner aucti We raised money for the senior center an on. d we ended up making a profit of 3,000 dollars, so that was all donated. We actual) h ' y had a full house, which the first year that we were able to get the full capacity in y p y to our dinner auction, so that was definite) a huge huge accomplishment on MYAC's art. y . .. , p And, then, another thing corrin u on Friday is Teen Activities Council and the going � p . y II be going to Wahoo s, they will be getting free tokens and just beingable to la � g g play games at Wahoo s. So, if you have kids let Allison know and they can come on out for that ' . t as well. And, then, the last event that MVAC will be finishing off with is our smoke free parks event. As you guys know, there is a new ordinance in Meridian, no more smoking in arks development, g parks, so to kick off that awesome we are going to be holding a family friend) even ' to be y Y ton June 3rd. Its going the first movie night at Settlers Park, so we will. be setting up around 7.00 to 9.00 having an ice cream social and PAL is sponsoring � • . p ng that movie night, so it will bran in a lot of kids and we will be getting aures t g g g g o you and having a tobacco free banner that the kids can sign and, obviously, handing out icefestivities. . g cream, as well as other fun So, this has been a really successfulear in M ' y YAC and I m really proud of the whole staff, as I'm sure Eli has been. Nextear we have • Y e an awesome executive board that think we are going to get a lot done and make next• year even better than this year. So, thank you guys. E. Nary: Thank you. De Weerd: Council, any questions for Janelle or Eli? • li . I will tell you that Eli has been a very amazing chair and spokes person for MYAC. He has managed to keep the attention and interest in a good portion of the students• that we have had over this last year and keep them engaged. I think we kind of turned the' corner in a lot of different aspects with MYAC and certainly it's been through Eli's relationship ship and leadership i with the rest of the executive council and the members of MVAC. So, Eli, hats off to you for everything you have done to help build a real sustainable model for MVAC. E. Nary: Thank you very much. De Weerd: Any comments, questions? Bird: I'd second that, Mayor. Both the kids have done a' great fob and, Eli, you have really stood out and been a very good example for the Cit of • appreciate it. p y Meridian and we certainly E.Nary: Thank you very much. Rountree: And I will third that. De Weerd: Fourth and fifth. Meridian City Council April 26, 2011 Page 8 of 27 Zaremba: I vote aye. Hoaglun: Madam Mayor, we have just got to find ways for Eli to get back up in front and talk some more. He needs that experience. Rountree: We do. De Weerd: Well, we have told him that -- J.de Weerd: We will make sure. De Weerd: Yes. Janelle has already put him on notice that he may not be chair, but he will be involved next year. And Eli is the author of a play that's coming up this next week and -- details? E.Nary: Yeah. It's May 4th through the 7th and it's an original play that a friend and wrote. It will be at Rocky Mountain High School. Doors open at 6:30 and the play starts at 7:00. It -- it's the school's first dramatic play; it kind of has a thriller, kind of supernatural thriller element to it. We wanted to do something that kind of appealed to, you know, younger demographics, so kind of having that thriller aspect was part of that. The school has asked us to make sure that -- you know, use discretion with bringing younger children, because it is kind of intense. So, anyway, it's about reporters investigating missing children, disappearances, and there is a lot more going on and it's a very fun play. It will be very interesting to see how it comes off, so -- De Weerd: A fun but intense play. E.Nary: Yeah. You will have a good time, but it's also quite intense, so -- De Weerd: Did he mention it's intense? But fun. Thank you for being here both of you. E.Nary: Thank you. J.de Weerd: Thank you. B. Meridian Development Corporation (MDC): Expansion Request Discussion De Weerd: Okay. Item 7-13 is -- in front of you, Council, we do have a letter from the Meridian Development Corporation. It's regarding the number of commissioners on the MDC board and they are recommending an expansion from seven members to nine. So, Council, at this time if you do not have any questions on this particular topic, I would need a motion to recommend expansion of the board. Meridian City Council April 26, 2011 Page 9 of 27 Rountree: Madam Mayor, just a question, either for you or Councilman Bird in terms of this expansion. What was the dialogue about this particular request? Obviously, you must see an advantage by expanding the board. What's the intent? De Weerd: Well, I will give you my perspective and then Councilmen -- Bird: I wasn't there, so -- De Weerd: Oh. Okay. I will give you my perspective. Rountree: Okay. De Weerd: A lot of it was after completing the visioning document with Destination Downtown and the number of items that has been in front of you that are action items to make sure that the plan is not just put on the shelf, it's actually an active and a living document, they felt that -- that by now increasing the size to nine they will have more members actively engaged. They do hope that at least one of those members is a downtown business or property owner that will be that -- it's been kind of a communication gap somewhat to the downtown businesses, they feel -- and maybe it's they need one of their own on the board to be that conduit. I'm not quite sure, but it's an excellent idea to get more engaged. There is four specific focus areas that they are focusing on that they would like to kind of rally talent behind, again, to get more people engaged. So, that's the essence of the topic. Maybe even a resident in the Old Town area. So, that's -- that's some of the discussion that they had. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would add to that, Councilman Rountree, my thoughts on it and, like I said, for some reason I didn't make the meeting or something, but I feel that if we add two to it we need to have either -- both of them have to be -- either live within the district or own a business within the district, because right now we have nobody on that board that lives within the district or -- we have one I think that has a business within the district is all. De Weerd: Uh-huh. Bird: And I think that -- to get downtown going like we would like it to, we have got to definitely have a buy in by the district, the people that are paying the dollars, so while I have no problem with the expansion, I would recommend that the seats -- seats eight and nine definitely be designated as living within with the district or owning a business within the district. De Weerd: Council -- and I certainly share the goal of that, but to -- I don't know if we can certainly designate the seats, but you want qualified and passionate applicants, so Meridian City Council April 26, 2011 Page 10 of 27 would like to say preference would be certainly given to tie those specifically. If we don't get anyone that poses a problem. So, certainly we will count on Councilman Bird going out and helping us recruit. Bird: I have got a couple, but I don't know if I can recruit them. Rountree: Thank you, Madam Mayor, Councilman Bird. I don't know of there is anymore discussion -- Bird: I have none. Rountree: Madam Mayor, I move to approve the MDC board expansion request to add two additional members with the preference in selection to be individuals who either live in or own a business in the district. Bird: Second. De Weerd: Okay. I have a motion and a second and certainly that would include our city attorney bringing back the appropriate amendment to our ordinance. Nary: Right. De Weerd: Okay. Any discussion? 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 8: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 9: Action Items A. Public Hearing Continued from April 19, 2011: MDA 11-003 Meridian Vision by Kevin McElroy Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Amend the Existing Development Agreement (Instrument No. 107067262) to Include a New Site Plan and New Elevations De Weerd: We will move to Item 9-A, which is a public hearing continued from April 13 on MDA 11-003. 1 will open this public hearing with staff comments. Meridian City Council April 26, 2011 Page 11 of 27 Friedman: Thank you, Madam Mayor, Members of the Cmodification ouncil. This is a to an existing concept development agreement to revise a Ian p plan, elevations, and materials and one condition of approval from Meridian Vision. The property is located at the northeast corner of Meridian Road and Carmel Drive. You might also remember this as being the site of the Hoyt Annexation that was approved back ack in 2007. As part of that annexation the Council did require and the owner -applicant • pp cant at that time did execute a development agreement that established a concept Ian with a p p single two story building about 14,000 square feet in size. The current applicant -- owner, er, actually -- the property has changed hands -- wishes to construct a vision clinic there, so we have an actual real site plan at this point, rather than a conceptual site . p plan. That changes the building organization on the lot from one building -- one two story ' . g ry building to two single story buildings and also is proposing some changes in the materials .. g as composition to reflect the new architecture of the building. At this time we have a proposal just to build the vision clinic and, then, they have futurep dans to build a second building with a plaza in between them, again, consistent with thepp revious approval. p The access will be taken from Carmel Drive. The third request is that the -- there was a requirement for a cross -access agreement to the property to the north. That would have been the Hart's property. In the original development says agreement s that that g Y would have to be executed prior to the issuance of a certificate of zoning compliance. p The applicant has requested and city staff concurs and recommends topp ou approval of Y a change to that condition to allow that -- them to go ahead and submit for their certificate of zoning compliance, design review, get rolling on the building permit and during that time they can put together the appropriate language and, then, submit that cross -access agreement to us prior to us issuing a certificate of occupancy. So, that is in a nutshell really the proposal. The only written testimony we have received is from Mr. Garrett, the applicant's representative, and they are in concurrence with the staff recommendation. De Weerd: Thank you, Pete. Any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Is the applicant here this evening? Okay. Any comment? Okay. Council, any questions? Rountree: I have none. Bird: I have none, Mayor. De Weerd: Okay. Is there any member of the public who would like to provide testimony on this item? Okay. Council? Rountree: Being none, Madam Mayor, I move that we close the public hearing on Item 9-A. Meridian City Council April 26, 2011 Page 12 of 27 Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing . p a ing on Item 9-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for MDA 11-003 includingthe e comments submitted by staff. Hoaglun: Second. De Weerd: I have a motion and a second to approve this item under 9-A. Any discussion from Council? Seeing none, 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. B. FP 11-002 Barletta Subdivision by Russell Hunemiller Located on the Northeast West Side S. Ten Mile Road, Midway Between W. Tasa Drive and W. Overland Road Request: Final Plat Approval Consisting of Two (2) Building Lots and Two (2) Common Lots on Approximately 5.80 Acres of Land De Weerd: Item 9-13 is on FP 11-002. 1 will ask for staff comment. Friedman: Thank you, Madam Mayor, Members of the Council. This is the final plat approval request for the Barletta Subdivision. The owner is the Hunemiller family. The Council approved the preliminary back in November of this year. The proposal is, essentially, to divide a little over five acres into two residential lots. The property is located on the west side of Ten Mile Road just north of the new intersection of Ten Mile and Overland. At this time the site currently cannot be served with city utilities, but there was a development agreement provision in the annexation that when utilities become available that the owners would hook up. The property would be served by the private road Davis Lane. Staff has reviewed the application and finds that it is in substantial conformance with the preliminary plat conditions, recommends approval, i pp , and, again, the only communication we have is from the applicant that they are n agreement with the recommended conditions of approval. Meridian City Council April 26, 2011 Page 13 of 27 De Weerd: Thank you, Pete. Council, any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Okay. Any comments from the applicant? Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on Item 9-B. Bird: Second. De Weerd: I don't really have a public hearing on this item, but -- Rountree: Oh, it's not. It's a final plat. Excuse me. De Weerd: But I can close it. Rountree: I move that we approve Item 9-13, FP 11-002, subject to the comments of staff related to conditions of approval. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-B. If there is no discussion from Council, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Continued Department Reports A. Mayor's Office and Parks Department Joint Report: Future Events in Kleiner Park Discussion De Weerd: Okay. We are already at 9-A. See, Danno, how quickly we run through our agenda. It must be a first. Okay. Item 10-A is a discussion about future events in Kleiner Park. Primarily this was -- this discussion was kicked off by Danno Savino, who is with us today. He is proposing to do a barbecue cook out and -- cook off and he's Meridian City Council April 26, 2011 Page 14 of 27 been doing it in another community that I won't mention, but he's been doing for the last couple of years and it is going to be Idaho's best barbecue cook off and chill fest and they would like to move it to Meridian. I will take a moment and ask Danno if he would like to come and talk about the event, his vision, and, then, I would invite Steve Siddoway up, our parks director, to have a discussion about some of the events that are being proposed and where we stand as a parks department and city. Welcome. Savino: Thank you. De Weerd: Thank you. Savino: Madam Mayor and City Council. De Weerd: If you can state your name and address for the record. Savino: Sure. I'm Danno Savino and I live in Kuna, Idaho. De Weerd: Thank you. Savino: And just wanted to take a few minutes of your time. I appreciate you giving us some time. First of all, to introduce some people that I'm involved with, one of my partners is Rob Badke. Rob is not only a professional former golfer, but also a business owner in many different businesses. Theresa Sorrenson and Jim Monahan are both very heavily involved in local barbecue promotions here and were instrumental in the barbecue event that we did in Eagle, Idaho, in 2008 and 2009 -- sorry, Tammy. De Weerd: You blew it. Savino: And we had -- we had some space issues, because it actually was so successful that we outgrew a ten acre park. I don't know if you had the pleasure of going to the events, but they were beyond spectacular. We had everything for kids and families and it was just a very good time, but a very small space. So, we had to look outside the area to find another suitable place for us to hold this event. We are members of an organization called the Kansas City Barbecue Society. They are the largest organized barbecue society in the world with 14,000 members. They sanction and, basically, give us their seal of approval on holding these events. We will be one of 300 plus in the country that will be sanctioned by the Kansas City Barbecue Society. So, there is a lot of things we have to do according to Hoyle. We will put up some 10,000 dollars in cash and prizes. This will attract barbecue cookers from outside of our state. In the previous events we did we have had as many as 28 teams. We have also had teams here from Applebees and from the Texas Roadhouse and Pack Backer and Big Daddy Barbecue, a lot of other local barbecue aficionado here participate in -- in our cook off. So, it was -- it was really quite successful. We at this point reserved the 28th and 29th and 1st of July next year, 2012, when, hopefully, the park will be done and we will be able to use the new park. That's ours -- that would be our best choice. Meridian City Council April 26, 2011 Page 15 of 27 De Weerd: July 1st is my birthday. What a marvelous event for a party. Savino: We may have to treat you to a barbecue meal then. De Weerd: I love barbecue. Savino: I don't know anybody that doesn't, as my friend Jim Monahan will attest to, who has been in the business for some 30 years, Jim has organized these events and he's a contest judge and a contest promoter, as a member of the KCBS for quite a long time. was fortunate to find Jim here in -- in Idaho at the time when I started looking into doing these barbecues. Theresa will be handling a lot of the sales portion of it and do a lot of that part of it. She's really good with people and with the clients that we had and our previous events. So, we are really looking forward to bringing this event to Meridian. We would -- you know, with our experiences -- I have spent the better part of my life in marketing and promotion and advertising. I spent 30 years in radio, television, and cable, running cable and television, radio, advertising in sales departments and doing many many promotions like this. So, we have a pretty good feel for how to promote these things and how to make them work. They are really a lot of fun, but they are also an enormous amount of work and planning has to go into them. We will be joining the Meridian Chamber soon and also we will contact the Rotary, the Lions, the Kiwanis, for many volunteers, as we do need a lot of volunteers to do these kinds of events. We like to do things for charity. One of the hot -- one of the hot seats I guess I -- I put myself in a lot is I do local car shows for our veterans -- for the Idaho State Veterans Cemetery and I raise money for our veterans that way and car shows and I have done, oh, probably 15 or 20 of them over the last several years. So, we are really big on charity. We raised over -- and we picked up about 6,000 pounds of canned goods and food for the Idaho Food Bank at our previous two barbecues. So, we'd like to go back to them as well. So, our gift back to the community is to help and give back. That's -- De Weerd: And we do have a Meridian Food Bank, so -- Savino: Excellent. De Weerd: Thought I would let you know. Savino: Yes. Yes. Yes, they did. Thank you, Theresa. Because my memory is not so good. Does anybody have any questions, by the way? I have been rambling on here. About how this promotion is going to affect your community in such a positive way? Does anyone have any questions or anything? I know the fire chief and the police department are going to want to talk to me, which is fine. De Weerd: They got your number. Mr. Hoaglun. Hoaglun: I'm just kind of curious, you know, when -- how much set up time do they need before? I mean you talk about those are the event days. Meridian City Council April 26, 2011 Page 16 of 27 Savino: The event days. Hoaglun: Yeah. Are they going to be in like two days prior or is that a week prior or -- Savino: We probably can get everybody in and set up, because we are very structured and organized and the cookers will be given specific guidelines, but the day before we can, basically, set up the entire park and be ready for Friday. The cookers take a lot of time, because they have to prepare the food and a lot of it takes quite a few hours to cook, as you can imagine. So, we have one day either side of the event that we would need. So, five total days. Am I right, Jim? Pretty much? Okay. Hoaglun: Okay. And any chance, Madam Mayor, if -- is this going to be on the Food Network at one -- one of the barbecues that gets selected? Savino: Funny you should say that. Hoaglun: You know, I mean we just like to promote the community. Savino: I have already made a couple of contacts with Guy Fieri, who is, interestingly enough, opened his first restaurant, John Garlic's, in Santa Rosa, California, where was at the time, and Guy was a client of mine. Well, he probably wouldn't recognize me today, because that was 20 some years ago, but, in any event, yes, I have tried to get a hold of them and the Food Network to see if we can get some exposure in that regard. So, it's just a question of, you know -- that's why I'm doing this so early, actually, too. Hoaglun: And Madam Mayor -- De Weerd: It could be a man versus food type of thing. Hoaglun: He has been to Meridian, by the way. Savino: Yeah. De Weerd: Yes. Hoaglun: We have been featured on that show. Savino: He has. Yeah. These are other things that we will be doing along the lines of our, you know, marketing and promoting of the event. One of the things I will need to ask the city for a little special dispensation, if we can, in terms of promoting it, we have some very nice professional four -by -eight sort of folding sandwich boards that we had out on the road and visible to the people driving on the roads and I know you guys have some pretty strict regulations in place for those kinds of things, so we'd like to ask for some special dispensation, if you will, for being able to put up some of these -- some of the signage on both Fairview, as well as Eagle Road, perhaps maybe on even the private properties that are owned by the turf companies. Meridian City Council April 26, 2011 Page 17 of 27 De Weerd: Well, I think you can always ask and we will just ask you to work with staff -- Savino: Okay. De Weerd: -- and we will see what we can -- what we can figure out. Savino: Okay. De Weerd: They are solution seekers. Savino: Good. Good. Glad to hear that. Yes. The other thing is we are -- these -- these events are very costly to do and I have kind of -- we have to take a shot in the dark. We don't know exactly how many people turn out. We had ten to 12 thousand people at our other events. I would imagine that these would be much bigger turnouts, but how much I don't know. There is too many variables to really tell how many people will come to the event the first year, so when I put a pencil to things to do a business plan, it's kind of difficult to do, because our expenses always exceed what we would like to take in, you know, as a business. So, what we are -- what we are going to be asking for is hopefully the city would consider possibly some city services in helping us to defray some of our costs initially, possibly -- and I don't know how involved the police would be involved in our event. I know we do have EMT and we have fire -- the fire department will have a lot of things that they will need. The events are pretty -- they are pretty easy to do from a standpoint of, you know, everything seems to be worried about, you know, whether there are fire issues and things of this nature with putting on a barbecue. This just doesn't happen. They are pretty contained. Everything is done above board. We don't take any shortcuts. The cookers have -- they have explicit regulations and things they have to follow in order for this event to come off and so that there are no problems with children around, with the cookers themselves. Everything is very well staged and planned, as you will see, and, of course, that can also provide information from other people if you need more, Madam Mayor, on who exactly was involved in that aspect of the cook off. But we are -- we are definitely, you know, needing some -- possibly some help with refuse removal -- anything that the city can participate in and help us with and in exchange we would like to make the city a major sponsor. That is to give you exposure in everything we do. Logos on all the printing. All the artwork. Everything that we do. The signage. Anything that would help us get the first year off the ground. And this is an event I intend to do here, if we do it here, for as long as I can stand up here and do it. This is not a one shot thing. We want to continue doing it in Meridian and build it and make it bigger and better than ever and that's why the 60 acres at your new park is very appealing, because it's got a lot of room to grow. Any questions? De Weerd: Well, I guess I can tell you that our staff is willing to sit down and work with you on some of the things that we can do -- Meridian City Council April 26, 2011 Page 18 of 27 Savino: Okay. De Weerd: -- and identify what we possibly can't do. Would ask for any thoughts from Council. Zaremba: Madam Mayor? Rountree: Go ahead, David. De Weerd: Mr. Zaremba. Zaremba: Two things I think. One is I appreciate that you have scheduled it such that it's not right up against our fire department salmon barbecue, which is a big event -- Savino: Yes. Zaremba: -- in the year and I was a little worried, you know, if those are like a week or two apart that might be -- Savino: When is the salmon barbecue? Zaremba: It's usually the first or second week in August, isn't it? De Weerd: First Friday. Savino: Oh. Okay. Rountree: First Friday in August. Zaremba: So, it's about a month away from your event and that satisfies me. And, then, I heard the word barbecue and I didn't hear anything else after that, so -- Savino: Well, you know, the other thing -- that's good to know that it's in August, because one of the things we can do to help you promote that is promote that through our event. Another nice little additive that we can add to it. As if you need more people; right? De Weerd: That might help with their willingness to help with medical aid, purchase the cost of maybe a rib or -- Savino: I few ribs. I think -- I think that might not be a problem. Yeah. We are pretty generous in that regard. So, yeah, oh, it's -- it's just a great event. I can't -- I can't tell you how wonderful these are for communities. You can pull up -- we have our old site, which is still up. We also have -- I would suggest if you get a minute to check KCBS's site and there are a multiple of these events -- I mean tens of thousands of them going on everywhere it seems like. All over our country they are not all sanctioned by KCBS, Meridian City Council April 26, 2011 Page 19 of 27 but there is an awful lot of barbecue events going on. So there is side ca . g categories. We will do brisket, ribs, pork, chicken and a chili fest. So, the chili will be judged a. s what we call a side dish, along with the other four main meats. And the prizes and trophies, . p ophies, entertainment, we provide everything. We do everything for everybody,so -- De Weerd: Mr. Rountree. Rountree: Thank you, Madam Mayor. David brought u the one thin I was think' . it's g p g thinking about is that its one month away from a longstandingevent in Meridian the salmon , barbecue, and it's a few months away from another longstanding event, the chili cook g g off. Both of which are sponsored and pretty much organized and run b the fire g Y department for charitable fundraising and with your background in marketing first g g m Y question was going to be kind of on the glass half empty side is that do you anticipate an event of your scale potentially interfering with -- with those kinds of events basically having the same kind of a name. And, then, my second one is theg lass half full question is can you help us promote our other events, because it is a verylongstanding g g function of the fire service folks here in town and the money goes to the burn out funds . Y and those kinds of things, which is desperately needed. Savino: Absolutely. There is no reason why I would -- I would love to consult help you, give you any kind of input and guidance I have for having done many of these events over the years and, no, I actually think that what we are doing is adding just to the entire . g mix of what you're doing with these other events. We don't -- we don't do -- we are not doing fish and so I really see this as nothing but just an added bonus for anything ou iY do n the City of Meridian and we would be more than willing to help out and put a booth . down at our event, if you would like to do that, staff it, promote it, do whatever you need to do at your events, our events. We are in this together. This is something that we will do anything to help you. Absolutely. Rountree: Terrific. Thank you. Savino: You bet you. De Weerd: Anything further from Council? Bird: I have none, Mayor. De Weerd: Okay. And I know, Council, that what we did find that our parks director has discretion on some of the overnight stays that presents with that need to kind of oversee the cooking and intricacies that come with the cook off and I thought Steve might be able to provide some comment to that. Thank you, Danno. Savino: Thank you. And before I go I'm going to leave something with each one of you if I may, too. De Weerd: Okay. If you can just hand it to our city clerk. Meridian City Council April 26, 2011 Page 20 of 27 Sidd •oway. Madam Mayor, Members of the Council, it's exciting to see these kinds of ark like Kleiner Park is going to bring some great events come through. A great p . . ' ' probably just the beginning of many opportunities. In fact, opportunities to us and this is p y) g ijusthave had four major events walk through the door saying they n the last month we ha J y want to be in Kleiner Park p next year after it opens, the barbecue cook off being one, the Renaissance Fair being another. There is a worship festival that wants to move here. And then the wine -food event -- what's that called again? De Weerd: Savor Idaho. Siddoway: Savor Idaho. De Weerd: By the wine commission. Siddoway : So knowingthese are coming bring for us some internal policy discussions for the p for -- ark related to events and we anticipate coming to the Council in a couple of weeks at y p our next workshop with Colin Moss here to discuss how we go through the TU P process and how we want to address some of the needs of events, like this. For example,g Y the overnight stays. Parking. You know, there is issues related to whether we will allow people charge admission to an event, as opposed to have the event free p to g charge for individual things within it. There is just some logistical things that we and g g . v to think through as a department and also that the cooking over night, how do we have g p minimize the risk of an a to the park or the turf. The coming back n a couple of y damage i weeks is also in responses to the discussion we had a couple of weeks ago regarding Easter hunt waiver request and Council requested that we got legal and parks the Ea egg q , clerk's office in order to et together and take a look at that ordinance and we didn't and g reay II find that -- the need for changes to the ordinance, but we did think that there g mi ht be a discussion that could be worthwhile on how we implement that process on a department level policy level. So, with that I will just say that we -- we do see some p p Y policies that we need to refine and discuss with Council. We plan on coming back to do that. We are excited to have these events coming and want to do our part to make it great and I'll stand for any questions. De Weerd: Thank you, Steve. Council, any questions at this point? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Thank you. One, I'm excited about this and even the others, the series of Za y them. I think this is wonderful. A couple of things. One, I dont know if anybody has actually seen the document that will eventually convey Kleiner Park to us, but is it likely to have any restrictions on the use of the park or some of the questions you asked that we need to determine in the way of policy, are we going to have some of that already told to us? Meridian City Council April 26, 2011 Page 21 of 27 Siddoway• I have seen the first draft. In fact, I have been working with legal on it. Ted . p sent a response -- our first response with questions back yesterday. I can tell you that none of the things that we are talkingabout here would be prohibited. The types of things that are prohibited are in the agreement with CenterCal that prohibit us from commercial) with the -- with what they are doing there. But events are competing y definitely a part promoting of romotin the area and would only bring people to their center. But that's a good question and we are -- we are working on that gift deed language right now. • Great. Thank you. And the second question is -- and I guess this has kind Zaremba. G y . n hanging. When the roup from Hailey suggested that they would like to do a of beeg swap meet kind of event here, I brought up and others brought up the kind of plan that we would ask them for, which would include sanitation, security, cleanup afterwards, I'm just -- I don't know if we have ever written up such a plan, but along with your and � gg work on this I would suggest that we have a committee of police and fire and you and maybe planning department -- : Siddoway And the TUP process is designed to solicit input from all of those departments that you just mentioned. We have had security provided before like with depa y the Renaissance Fair that's been here for a couple of years and, you know, we -- we need that -- those discussions that you are describing and the TUP process should be the venue that we have to vet those issues. And site plans and such are all part of the requirements for them to submit to us as part of that. Zaremba: Great. Thanks. De Weerd: Okay. Council, anything further? Bird: I have none, Mayor. De Weerd: Okay. Thank you, Steve. Siddoway: Thank you. De Weerd: Yes, sir. If you will, please, state your name and -- Monahan: Jim Monahan from Boise, Idaho. I'm with the Barbecue Group and you brought u a point earlier, Madam Mayor that even my partners aren't aware of, but I g p p _ may as well talk about it right now. If you're familiar with the show Barbecue Pit y g Masters that's a cable show that highlights the cram de la cram in barbecue, worlds champion, le that cook 35 to 40 contests a year. Myself and three other p people p competitive cooks are currently in discussions with Walt Disney Promotions to do a reality show based on more of the -- for lack of a better word, common barbecue cook or competitor. And they have expressed sincere interest in doing our contest next year. They want to follow a group of west coast barbecuers around. Meridian City Council April 26, 2011 Page 22 of 27 De Weerd: Very exciting. do something Monahan: It looks like we may g here as well. I just wanted to let you know. De Weerd: Well, that's exciting. Monahan: Any questions? Thank you. De Weerd: No. Just -- I think, y, ou know, our community is defined by our families and • activities and events like ours just are really exciting to see. those family friendly activities a Y • that permanent home it certainly establishes yourself that every think that once you find • e appreciate you joining us here this evening and we look year gets easier, right. So, w pp Y forward to working together. Thank you, Steve. Siddoway: Thank you. B. g p Legal Department: Update on House Bill 328, Which Will the Cit to Restructure the Clerks Office and Police Require Y Department Fee Schedules Regarding Processing Public Records Requests De Weerd. Okay. Our , • r next Item 10-13, is our Legal Department. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. This is not quite as exciting . y as the prior discussion. De Weerd: Really. Nary: The legislature decided to change the public records law and also enact an . emergency ordinancelegislative for it in this last session, so it actually went into effect y a couple the cit is le of things. There are some things in the code already. How it affects p , positive and actual) are things we already do. So, some of it's that actually are very p Y i really good. The problematic issue that we will be bringing back in front of you in a week is they changed the method on how we would charge for public records and how we are supposed to calculate that. So, that makes our current fee schedule out of sync • are going to have to put together a new -- I don't think we will with the statute. So, we g g have to advertise, because I think we may end up with fees less than what we previously had, which means it doesn't require a public hearing, it just simply requires a resolution. But we are slogging g throu h that to get to the right numbers and the right particulars that the state statute requires. There are some other positives. Like I said, it g does allow for some things that in the past have been somewhat implied, it allows you to ask more questions a people bout what le are seeking, so that you can get clarity of p y what they are wanting, so the don't have to ask you for anything and everything that Meridian City Council April 26, 2011 Page 23 of 27 . The created a portion of the -- of the statute that you may have, so that can be helpful y p y but I will be honest, it is so convoluted and so allows people to qualify to have it for free, b le to et complicated I don't think anybody will ever be ab g public records for free. But phat we can char the did change the ceilings of the amounts t a and when we can g y were things we were already doing. So, charge and some of it I said -- some, as I said, g g there is some very -- there is some good things and there is some not so good things, we have to bring n back to you, we just wanted you to be aware but there is some clarity g of it •, because we have had some requests that we won't be able to -- we wont, be q • -- have a whole lot that we charge for anyway. But I dust charging for that we dont wanted you to be aware we will bringit back in a few weeks with the corrections to match the new state law. Holman: Madam Mayor? De Weerd: Yes, Madam City Clerk. Holman: I'd dust like to add -- we won't have to do a public hearing on some of the fees . o adjust because the are going to probably go down, but there are that we are having t j y w fees for some departments that aren't yet represented with -- we need to add some new p an hourly rate in our fee schedule, hedule such as development services and so we will actually have to advertise some new fees to represent what the hourly rate is for those departments for those records requests. •additionallywe will have to change the police fees that we just passed two Nary. And weeks ago. Hoaglun• Madam Mayor, question for Mr. Nary. Any idea why they did this with an . emergency clause? I mean usually laws take effect July 1 -- g y Nary: Right. • -- it gives you time to work through these things and emergency clauses Hoaglun. and g work, essentially, forp g like Spice and things like that where you have got to do something right now. But any idea why? Nary: Madam Mayor, Council Member Hoaglun, you know, we did provide some . comment to AIC on some of the particulars of the ordinance. They also established an interim committee tg o work through some of the hiccups that they created by the , changes in the statute but I -- I did not get any answer as to why there was an se again, public records usually aren't that -- aren't usually an emergency, because, g emergency, but there was some perspective that it was necessary I guess. I don't p know. C. Clerks Office: Approval of Beer, Wine Liquor License Renewals for 2011-2012 as Follows: (Pending Ada County) Meridian City Council April 26, 2011 Page 24 of 27 The Busted Shovel 704 Main St. Lakeview Golf Course 4200 W. Talamore Groove Coffee 800 N. Locust Grove Muggy s s 501 S. Main St. Corkscrews Wine Shop & Pub 729 N. Main St. Smashbug r er 3223 E. Louise Dr. #100 Vina Restaurant 1534 N. Main Street speculation, but pure speculation. Any other questions? Okay. De Weerd: There was specu , Okay. Item 10 C is under our clerk's office. I will ask for Madam Clerk's comments. . Council, this is an item that we Holman. Madam Mayor, Members of the Cou usually have at. ' the time of year that we renew our beer, wine and liquor this time of year, which is Y • -- f these you approve on the Consent Agenda. We tried to licenses. The items most o y pp be accommodating this time of year when someone's license is going to expire and • though the are still ending their county. So, what we did allow it to get approved even tho g y p -- what we are asking for tonight ht is for these -- I think there is one, two, three -- four ' conditional approval basically in the motion asking you to allow the Mayor remaining, a conditional app Y but allow me to hold the license and my signature until we receive to sign them tonight, , tion and that way hopefully these businesses end up the rest of the documents Y wont g having to stopserving for a week until there is another Council meeting. Bird: Madam Mayor? De Weerd: Mr. Bird. ' not legal licenses until they are approved by the county first anyway, Bird. Bill, they are g are they? Nary. Madam Mayor • , Members of the Council, Council Member Bird, yes, they have to have a state and a co u my and our nd a cit and onlystep is to, essentially, save that week we are not going oin to issue them until the county license is through. Bird: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. • re I'm clear, you said Zaremba. Just to make sure d we need to approve four of them. We f them that are on our list, except that there are four of actually need to approve all o Y them that we instruct you to hold; is that correct? Holman: Madam Mayor? Zaremba: If I'm understanding -- Meridian City Council April 26, 2011 Page 25 of 27 Holman: Councilman Zaremba, yes. Zaremba: -- the ones you eliminated -- • didn't specify clear enough. Those four that we put the note on saying Holman. Well, I d p y g Y or we have already received count the were approved last night at county, we have Y copies of that, so those don't need conditional approval, those can just be approved. Zaremba: Yeah. But we still do need to approve them. Holman: Yes. Zaremba: Okay. Thank you. De Weerd: Okay. Anything further? Bird: I have none. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move that we approve the beer, wine, and liquor license renewals as listed under 10-C and that the Mayor be authorized to sign all of them and that the clerk p sign those that have been approved by the county as of now and -- and for the clerk to sign the remainder once county approval has been received. Bird: Second. De Weerd: Okay. I have a Imotion and a second. Any discussion? Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Ordinances A. Continued from April 19, 2011: Ordinance No. 11-1482: ZOA 11-001 Unified Development Code (UDC) Text Amendment by the City of Meridian Planning Department Request: Amend the Text of Certain Sections of the UDC to Include General Clarifications/Clean-up Items Meridian City Council April 26, 2011 Page 26 of 27 De Weerd: Item 11-A is ordinance 11-1482. 1 will ask the clerk to, please, read this . ordinance by title only. Holman: Thank you, Madam Mayor. Cit of Meridian ordinance number 11-1482, an . y. Y he Meridian Cit ordinance amending Title 11 oft Y Code as codified at Title 11, entitled • • the Meridian Cit Code and providing for a waiver of the Unified Development Code of Y the reading rules and providing an effective date. rd this ordinance read by title only. Is there anyone who De Weerd: You have heard � r heard in its entiret ? Easy for me to say. Okay. Council . would like to hear -- heard o entirety l? Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ordinance 11-1482 with suspension of rules. . pp Zaremba: Second. Rountree: Second. De Weerd. I have a • motion and a second to approve Item 8-A -- 11-A, which is ordinance number 11-1482. Madam Clerk, will you call roll. Roll -Call: Bird,Y ea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 12: Future Meeting Topics De Weerd: Item 12 is any future agenda topics. Council, anything we need to look forward to discussing on future agenda items? Bird: I have none. De Weerd: Okay. • like Madam Mayor, we will have some parks issues to kind of work Hoaglun. It sounds Y through in the future -- future meetings. I dont know if the next department meeting, but g those things will be comingthrough, which with Kleiner Park coming online it's exciting to see these things comingforward and requests being made, but kind of like anything that's new, we got t g o make sure it's done right and we will have processes in place and I'm confident staff will get us there. Meridian City Council April 26, 2011 Page 27 of 27 De Weerd: We hope to have it this next workshop -- next month's workshop agenda. But if there is nothing further, I would entertain a motion to adjourn. Hoaglun: So moved. Bird: Second. De Weerd: All those in favor say aye. All aye. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: At 8:05. MEETING ADJOURNED AT 8:05 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR MY De 1iERD` ATTEST: CE D 5 L / 0 / 2oi/ DATE APPROVED . HOLMAN, CITY CLERK Meridian City Council Meeting DATE: April 26 2011 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Construction Agreement for Repair of Plaza Concrete Project with Haemker Construction for allot -to -Exceed Amount of $8.,617.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS � AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES PLAZA CONCRETE REPAIR PROJECT #1322, 6 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 2 to r._ day of AVE, , 2011, and entered into by and between the Ci of Meridian a municipal -- corporation ty organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642 and Haemker Con struction, Inc, hereinafter referred to as "CONTRACTOR", whose business address is 622 S. Poweriine Rd., Nampa ID 83686 and whose Public Works Contractor License C- 13663 -B. INTRODUCTION and Whereas, the City has a need for services involving Concrete Re air ' 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 on execution of this Agreement and receipt of the City's written notice top roceed, 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 hereinin by this reference, together with an amendments that y may be agreed to n writing by the parties. 1.2 All documents, drawings and written work roduct prepared or P produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor;rovided 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 maV convriaht the same. except that. as to anv work which is Convriahted by 1000\ the Contractor, the City reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish and use such work or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $8,617.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall g a not be entitled to receive from the City an additional consider . Y anon, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to meals lodging, page 2 of 11 � transportation, draw' ' p , . drawings, renderings or mockups. Specifically, Contractor shall not b Y e 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 an a or kind whatsoever. Y type 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2011 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 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 CIN, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. page 3 of 11 Al"N' /00*t 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 CIN, 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 CIN may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CIN from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CIN for damages. 4• Independent Contractor: 4.1 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 ^ CIN. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 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. 4.3 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. page 4 of 11 11-"1 ,00"1'\ 5. Indemnification and Insurance: ^ CONTRACTOR shall indemnify and save and hold harmless CIN from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CIN or its employees. CONTRACTOR shall maintain and specificallx agrees that it will maintain throughout the term of this 6g-reement,.Iiability insurance, m which the CIN 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 CIN from and for all such fosses, 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 CIN 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 CIN at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. to the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 5.2 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. page 5 of I I '10� /""\ 5.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 5.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 5.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 6. Bonds: Payment and Performance Bonds are required on all Public Works � Improvement Projects which exceed $10,000. 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. Broadway Avenue Meridian, Idaho 83642 Haemker Construction, Inc Attn: Jim Haemker 622 S. Powerline Rd. Nampa, ID 83686 Ph. 208-467-7480 Idaho Public Works License #: C-1 3663-B page 6 of 11 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performingthe Work required herein q , CONTRACTOR shall not unlawfully discriminate in violation of an federal, , state or local law, rule or regulation against any person on the basis of race color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 12.1 At such times and in such forms as the CIN may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement g 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 page 7 of 11 y A00"N /0~ CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shallP ermit 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 .. p Y 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 inart p , 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 CIN may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. page 8 of 11 21. Order of Precedence: The order orrecedence shall be P the contract agreement, the Invitation for Bid document, then the winningbidders submitted bid document. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN TAMMY e EERD, MAYOR Dated: • � ice. }``j .. o 171 0, <7 HAEMKER CONSTRUCTION, INC gy: Dated: 41110? � / JAYCEE OLMAN, CITY CL9R sem, t `� •" .��'• Approved as to Content �''`± }' ° }''' Department Approval .1 BY: BY. . KEITH A S, P SING MANAGER NAME: Elroy Huff Dated 2-11 Approved as to Form CITY ATTORNEY TITLE: Citv Arborist w Dated,-, page 9 of 11 � � d �r � EXHIBIT A SCOPE OF WORK • Remove and replace 405 sgft of concrete in City Hall Plaza. • Remove and replace 251 sgft of pavers in City Hall Plaza. page 10 of 11 EXHIBIT B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $8,617.00. TASK DESCRIPTION DATE AMOUNT A. Remove & Replace 405 sgft of Concrete $5,103.00 B. Remove &Replace 251 sgft of pavers. $3j514.00 C. D. TOTAL $8,617.00 page 11 of 11 .00 /01 ACC>RL�— CERTIFi%.*ATEQF LIABILITY INSUkANCE DATE (M D YYYY) �,,,,,.,, 4/25/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES - BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed, if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemen s . PRODUCER COMM Wendy Hawley Leavitt Group of Boise, Inc. PHONE Exfl., (208) 375-9199 FAX N01:_(208) 658-1951 6220 N. Discovery Way, Ste 100 ; wendy-hawley@ leavitt . comp JQ#PRoot�CER x.0005824 Boise ID 83713 INSURER(S) AFFORDING COVERAGE MAIC 8 INSURED INSURERA:Cincinnati Insurance 10677 INsuRER B :Idaho State Ins. Fund 36129 Haemker Construction, Inc. & Recreation Today of Idaho LLC. 622 S. Po�+erl ire Rd. Nampa ID 83686 INSURER cINSURER D : INSURER E : Mu F: - - - -- - - - -- - -- - • ter. V ~01WOM �. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIESADOLSUOR. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I S TYPE OF INSURANCEEQM NU M13ER POLICY EFF EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 A X COMMERCIAL. GENERAL LIABILITY CLAIMS -MADE [i] OCCUR PP 3659196 /28/2011 /28/2012 DAMAGE TO RENTE15 I $ loo,000 MED EXP (Any oneperson) $ 51000 PERSONAL & ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/0P AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICYF-1 M 0 LOG $ •-�. A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS A3659196 /28/2011 /28/2012 COMBINED SINGLE LIMIT $ 110001000 (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE $ (Per agent) NON -OWNED AUTOS Medical payments $ 5 , 000 Underinsured motorist $ 11000,000 UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE t DEDUCTIBLE $ $ RETENTION $ B WORKERS COMPENSATIONWC AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORMARTNEWEXECUTiVE OFFICERIMEMBER EXCLUDED? (Mandatary In NH) d� under OF OPERATIONS beio�w U*RIPTI,ONE.L. N I A 614196 /1/2011 /1/2012 STATU- OTH- E.L. EACH ACCIDENT i lOO OOO E.L. DISEASE - EA EMPLOYE4 $ 100,000 DISFASE - POLICY LIMIT $ 500,F000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Adds oml Rem** Schedule, if mon space Is nauind) Project: City of Hall Plaza Concrete Repair Project 81322 *Ten days notice of cancellation applies for non-payment of premium. VCR 1 R-IVfi 1 C r1V16.LJCR UANCELLOTION City of Meridian 33 East Broadway Ave Meridian, ID 83642 .rte ACORD 25 (2009/09) INCn9A mynn4l SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE !dy Hawley/WEHAWL ®1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and Inan are reahttered marks of ACORD Meridian City Council Meeting DATE• April 26, 2011 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Reclaimed Water User Agreement with ST Investments and User Manual Including Education Regarding the Requirements of the Citywide Reclaimed Water Permit MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS tv)03 1-0 S v lfwe,'��. cc),Jp 4-0 T �E IDIAN Publi*c IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Scott Steckline, Development Services Coordinator DATE: March 31, 2011 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: RECLAIMED WATER USER AGREEMENT AND USER MANUAL I. RECOMMENDED ACTION A. Move to: 1. Approve the Reclaimed Water User Agreement for use in the Reclaimed Water Program; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Scott Steckline, Development Services Coordinator 489-0369 Bruce Freckleton, Development Services Manager 489-0362 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. B ack ound Development of the Heroes Park water reuse facility, the Citywide Permit and the completion of the Reclaimed Water Booster Station and Reservoir Project has laid much of the groundwork for building a reclaimed water program in the City of Meridian. More recently, the approval of commercial car washes as an approved use by the Idaho Department of Environmental Quality in the spring of 2011 has enabled the City to work towards adding the first commercial user of reclaimed Page 1 of 2 water, ST Investments, Inc. (Fast Eddy's) car wash on the corner of Pine Road and Ten Mile Road. B. Proposed Agreement The Reclaimed Water User Agreement and User Manual will be presented to Fast Eddy's and other future users of reclaimed water in the City to educate them about reclaimed water while meeting the requirement in the City's Citywide reclaimed water permit to provide a user manual to the users of the reclaimed water system. IV. IMPACT A. Strategic c Impact: This activity aligns with our department's vision of recycling and/or reusing eighty percent of the waste stream. Water reclamation is one means of reusing the waste stream at the Wastewater Treatment Plant. When combined with other technologies, such as biosolids management and beneficial reuse, the department's vision for the year 2030 could be realized. B. Service/Delivery Impact: This project will provide reclaimed water to Fast Eddy's car wash and modify our reclaimed water permit to add car washes as an approved use throughout the City. VII. LIST OF ATTACHMENTS A. Reclaimed Water User Agreement B. Reclaimed Water User Manual Department Approval: �� ►�� y • 21 - 1 1 /1 _ Date Department Appro Page 2 of 2 qo-V 0* 1( Date BOISE IDAHO 04127!11 10:51 AM DEPUTY Ula Batt RECORDED-REQUEST OF 111034956 Meridian City AIMED WA TER USEA GREEMENT RECL between ST •10daytit,.. 20l� , by andThis Agreement made the of Investments, Inc. (Fast Eddy's) hereinafter referred to as User, and the City of Meridian, a p corporation, municipal co oration, hereinafter referred to as City. of the WHEREAS, User is a customerCity, User purchases water for domestic, commercial of industrial uses including landscape irrigation; and t the �1�' da , 20_Q, the Idaho WHEREAS on or about Y of � .. EnvironmentalQuality(DEQ) issued to the City -Wide Wastewater euse Department of . -000215-02("Permit"), ermitting and allowing the City to reuse its Permit No. LA p • contract with other parities for their use of City's reclaimed water; reclaimed water and co and WHEREAS, City owns and operates a delivery system capable of delivering to User reclaimed water meetingthe quality standards set forth below; and operate an onsite private reclaimed water intends to construct and o WHEREAS, User p system and has read and understands the Reclaimed Water Users Manual, and agrees to management practices and guidelines outlined in the Reclaimed Water Users follow best manage p Manual. NOW THEREFORE, for and in consideration of the mutual covenants set forth herein, as p well as in consideration of continued receipt of water and in further consideration of such y other values as may inure to User from the use of reclaimed water, the City hereby agrees to sell and User hereby a to agrees purchase reclaimed water on the following terms and g conditions: Rate. The rate to be aid by User for reclaimed water delivered by 1. Commodity p . City shall be the same as is applicable to that type of water as set forth in the C ty p Meridian Ci Code or in lieu of the code as set forth in the Memorandum of Agreement, as may be amended from time to time. 2. QualitxStandards. The reclaimed water delivered to the User shall meet or exceed DEQ standards set for Class A Reclaimed Water. User shall not be obligated to accept reclaimed water that does not meet this standard. 3. Place of Use. Reclaimed water delivered under this Agreement shall be stored and used only on the following described property: 750 North Ten Mile Road, Meridian, ID 83642 4. Point of Deli. The City shall deliver the reclaimed water to the metering device on the south side of Pine Street. 5. Metering. User shall install a meter to record the quantity of reclaimed water delivered to the above-described property. The meter shall meet standard City specifications and shall be accessible to City. 6. Backflow Prevention. User shall install a backflow prevention mechanism or assembly, sufficient to protect the reclaimed water supply. If a non -potable, supplemental irrigation source is interconnected with the reclaimed water system, pp g a backflow prevention mechanism or assembly shall be installed to prevent any discharge of reclaimed water into the supplement irrigation source. All backflow prevention mechanisms and assembly shall be approved by the City and/or DEQ prior to installation, and tested on an annual basis. User is responsible for the maintenance and testing of all backflow prevention. Connection of the reclaimed water distribution system to a potable water system is highly discouraged, and will only be permitted under special circumstances with written approval from the City. Under such circumstances, User shall install a reduced pressure backflow assembly (meeting standard City specifications) on all potable water services at the site where there is any potential for cross - contamination before receiving reclaimed water from the City. User is responsible for the maintenance and annual testing of all backflow prevention. 7. Use. The reclaimed water delivered pursuant to this Reuse Agreement shall be used solely for the following purpose: Commercial Carwash and Landscape Irrigation. No other use shall be permitted to be made of the reclaimed water and the City shall not be liable for such a use. 8. Quanti The City shall deliver and the User shall purchase the amount used monthly to the above described property. Annually, on or before the anniversary date of this Agreement, User shall provide the City with a schedule of delivery indicating the quantity of reclaimed water to be delivered each month in the following year, subject to the terms and conditions of this Agreement. User may modify this schedule by providing 24 hours written notice to the Meridian Reclaimed Water Program Coordinator (or designee) that the User is unable to accept the scheduled delivery or requires an additional quantity of water. In the event of a shortage of reclaimed water available for delivery to the reclaimed water users in the City, priority in delivery shall be given to users based on the date of their Reclaimed Water Use Agreement, with the earlier agreements having priority over later agreements for the delivery of the respective contract amounts. 2 .Po� 9. Costs of User. Any costs arising out of the use of reclaimed water by User and from the maintenance or operations of the reclaimed water delivery system on User's property shall be the sole responsibility of the User. 10. Compliance with Regulations. User agrees to comply, at its sole cost, with all state, federal, and local laws, regulations and standards, as now exist, and are later lawfully enacted, relating to the use of reclaimed water. Such laws, regulations, and standards may include, but not be limited to, requirements and restrictions governing use of the reclaimed water; limits on reclaimed water contact with employees, members, guests, members of the public and adjoining properties, control of access to the reclaimed water, its delivery system, and the area of storage and use; and warning signs on the delivery system, and the area of storage and use. 11. Commencement of Service. User agrees to give City 15 days notice prior to the initiation of service. In no event shall service begin prior to May 15, 2011 12. Term. The term of this Agreement shall be coterminous with the term of the Permit and any renewal or replacement thereof. The City shall notify User within 10 days of receipt of a notice from Idaho Department of Environmental Quality that the Permit will be terminated or not renewed. 13. Resale of Reclaimed Water; Further Reuse. User shall not resell reclaimed water delivered under this Agreement. User shall not permit the reclaimed water to be subsequently reused. 14. Transfer of Property. User further acknowledges and agrees that all leases, sales, and other disposal or transfer of ownership or control of the above-described premises shall be, in writing, made expressly subject to this Agreement, shall incorporate this Agreement by reference, and shall make all successors and assigns expressly subject to this Agreement. 15. Approval. The parties hereto acknowledge that, under existing and proposed reclaimed water reuse regulations, this Agreement has been approved as to form by the Idaho Department of Environmental Quality. The parties hereby agree to modify this Agreement in writing to the extent that such amendment is necessary in order to comply with Idaho Department of Environmental Quality requirements or regulations promulgated by Idaho Department of Environmental Quality. 16. Inspection. User acknowledges and agrees that in order to verify compliance with this Agreement or with applicable laws and regulations, the City, State, County or other agency with jurisdiction may inspect the premises being served reclaimed water at reasonable times. 17. User specifically acknowledges that it has the responsibility to inform, notify, and/or request inspection and approvals from various agencies, including City, -ro ` 17. User specifically acknowledges that it has the responsibility to inform, notify, and/or request inspection and approvals from various agencies, including City, Idaho Department of Environmental Quality, and City of Meridian Building Department,, for certain activities relating to the construction, maintenance, and operation of its private reclaimed water system, including, but not necessarily limited to, materials, construction, facility testing, violations, and emergency situations as will be outlined by City. 18. Termination. This Agreement may be terminated by City if the User fails to comply with state, federal and local laws, regulations and standards related to reclaimed water, fails to comply with any provisions of the Reclaimed Water Users Manual, or violates any provision of this Agreement. The User may terminate this Agreement if the purpose(s) for the use of reclaimed water, as described in Paragraph 7 of this Agreement, no longer exist. Meridian City Code policies on late fees, delinquencies and turning on water after turnoff for 2 1 nonpayment for potable water users (Sections 9-1-20, 9-1-, and 9-1-22) will be p enforced to reclaimed water users. Reclaimed Water users may opt out of this agreement with 60 days notice but will forfeit all fees paid up to the time of termination. 19. Indemnification. The City shall be responsible for delivery of water to the point of deliveryset forth in Paragraph 4 herein. User shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by User, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. User shall maintain, and specifically agrees that it will maintain, throughout the term of this , A reementliability insurance, in which the CITY shall be named an Agreement, ty additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. 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 hereinp rovided, User covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, User shall maintain Workers Compensation Insurance, in the statutory limits as required by law. User shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing User compliance with the requirements of this and file such roof of insurance with the CITY. In the event the paragraph p insurance minimums are changed, User shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Purchasing Division, 33 East Broadway Avenue, Meridian, Idaho 83642. 20. Excusable Non -Performance. In the event of an Act of God, natural catastrophe, war, civil insurrection, accidents, acts of governmental or judicial bodies other 4 than the City, or any unexpected occurrences beyond the control of either party which shall materially interfere with the ability of the City to deliver reclaimed water, or the ability of User to accept, transmit or distribute reclaimed water the failure of either party to perform its obligation under this Agreement shall be excused so long as the condition interfering with performance continues. The maintenance and operation of the City's sewerage system and of the Meridian Wastewater Treatment Plant shall be solely within the discretion of the City; and in the event the City discontinues the treatment plant operation and the treatment plant is not replaced by another plant, all obligations of either party to perform shall cease without prejudice to any claimed or asserted rights of either party existing prior to the execution of this Agreement. 21. Attorneys'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. 22. Amendments to Reclaimed Water Users' Manual. Amendments to the City's Reclaimed Water Users' Manual shall amend or modify any provision of this Agreement to the extent such amendment to the Manual is necessary in order to comply with Idaho Department of Environmental Quality requirements or regulations promulgated by Idaho Department of Environmental Quality. Notice of this and any other amendments deemed necessary by the City will be given to the user and said user will have 30 days to comply with the amendment or discontinue the use of reclaimed water. Unless expressly stated otherwise, this Agreement constitutes the complete and entire Agreement between the parties, and concludes collective bargaining between the parties for its term. This Agreement supersedes and cancels all prior agreements relating to this subject except the Memorandum of Agreement, whether written or oral, unless expressly stated in this Agreement. APPROVALS: 5 GRANTOR: ST Investmephs, Inc.: Steve Eddy, tresident t r -v r Tracie L. Eddy, Secretary 'r`IO Irl • V5qIGIG MWJ01,40i (p Q�,�c((� Address aa Secretary STATE OF IDAHO ) ) ss County of Ada ) On this day of , 20 , before me the undersigned, a Notary Public in and for said State, personally appeared and known or identified to me to be the President and Secretary, respectively, of the y corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto day and year fist above written. GRANTEE: CITY OF MERIDIAN OF affixed my official seal the PUBLIC FOR IIUAHO e idin �t mut aAL\ Commission Expires: -011 Tammy de Weerd, Mayor r, \� 1 •10 �. . ... r a,j,.• f.. Attest b J e L. Holman y ,City Clerk ra If? Approved By City Council On: '163 TATE OF IDAHO) ss County of Ada ) On this day of20 1 � before me the � �_._.., undersigned, a Notary Public in and for said State, personal y appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Nlap (SEAL) ••� �� mow•~'� • • E OF •• •00000.0 7 NOTXkY PUBLIC MR IDA Residing at: o,,�n � Commission Expires: A: Ell IAN�IDAHO J-- TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton Development Services Manager Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba DATE: 2/16/2011 SUBJECT: Memorandum of Agreement between the City of Meridian and ST Investments, Inc. (Fast Eddy's) for the use of Class A Reclaimed Water I. RECOMMENDED ACTION A. Move to: 1. Approve a memorandum of agreement between the City of Meridian and ST Investments, Inc. (Fast Eddy's) for the use of Class A Reclaimed Water. FAST EDDY'S has applied for Building Permits through the Development Services Division, and is proposing to construct a connection between their car wash facility and the existing service line fromthe CITY'S Class A Reclaimed Water Distribution System. If the y application is granted, the CITY'S Public Works Department may authorize the extension, at the expense of the applicant, and at no expense to the city 2. Authorize the Mayor to sign the Memorandum of Agreement. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 Steve O'Brien, Development Analyst II 489-0371 Development Services Manag e eckleton Page 1 of I MEMORANDUM OF AGREEMENT (USE OF CLASS A RECLAIMED WATER) THE CITY OF MERIDIAN AND ST INVESTMENTS, INC. (FAST EDDY'S) THIS MEMORANDUM OF AGREE 1"7MI AGREEMENT is made this day of 20 b and be y y between the CITY OF MERIDIAN, a municipal corporation, p � ,hereinafter called CITY and ST INVESTMENTS, INC., hereinafter called FAS - TEDD Y S . WITNESSETH: WHEREAS, the CITY has been permitted the first andn o ly Class A Reclaimed Water Program in the State of Idaho; and WHEREAS the CITY strategically aligns its operations • • g p and services to further its vision for the sustainable use of natural resources; WHEREAS, the CITY has develo ped and operates a Class A Reclaimed Water Distribution to EDD System that is situated in close proximityFAST EDDY'S S property located at 750 N. Ten Mile Road; and WHEREAS, the CITY has not yet established an assessment• fee for the Class A Reclaimed Water Distribution System, nor has the CITY established a• monthly usage fee, and WHEREAS, FAST EDDY'S wishes to enter into a partnership • . p hip with the CITY to leverage this economical and environmentally sustainable resource for use in FAST EDDY'S car washing facilities; and WHEREAS, the utilization of this resource will reduce the• demand on the municipal water supply system, and reduce the CITY'S effluent flow to the B • Boise River, and WHEREAS both parties desire to have such a connection NOW, THEREFORE, in consideration of the foregoing,th e CITY and FAST EDDY'S do hereby agree as follows: A. Construction of Connections: FAST EDDY'S has applied ' . .. pp d for Building Permits through the Development Services Division and is proposing . � p p g to construct a connection between their car wash facility and the existing main line ' ,---�. g of the CITY'S Class A Reclaimed Water Distribution System. If the application Y is granted, the CITY'S Public Works Department may authorize the extension nsion at the expense of the Page 1 of 2 applicant and at no expense to the CITY the following: service pipe and meter i tile, meter yoke, meter tile lid, approved backflow assemblage, curb stop and any other fittings that are necessary to install reclaimed water• service to the inside line of the curb at the point most convenient for supplyingClass A ' . Reclaimed Water to the applicant. The service shall be equipped with an approved pp pp ed backflow assembly to be installed between the reclaimed water service andotable w ' p water service in the event that reclaimed water is not available. As apart of the reclaimed d water service, FAST EDDY'S will meet the posting and labeling requirements outlined i n the CITY'S Citywide Reuse Permit. B. Maintenance of Connections: The CITY will maintain the' service line up to the CITY'S side of the connection to the meter setter. C. Reclaimed Water User Agreement: The CITY will provide utility . p a utility user agreement to be signed by FAST EDDY'S that outlines the limitations an ' d obligations of using reclaimed water. D. Initial Payments for Reclaimed Water Service: Since the CITY has not yet established an assessment fee for the Class A Reclaimed Water Distribution bution System, nor has the CITY established amonthly usage g fee, the City hereby agrees to waive those fees for the service at this time. E. Future Payments for Reclaimed Water Service:Once the CI ' _ TY establishes the assessment fees for the Class A Reclaimed Water Distribution System, and d has established a monthly usage fee, FAST EDDY'S shall onlybe responsible esponsible for paying to the CITY the monthly usage charge from the date of official' notification of such charge. FAST EDDY'S and CITY acknowledge and agree g g e that the usage charge may be established as a flat fee, a surcharge, or in so g , me other form or format. IN WITNESS WHEREOF, the parties shall cause this Memorandum of Agreement to be executed by their duly authorized officers the da and first Y year above written. ST Investments, Inc.: -C, TY OF MI 4 j err B • Steve E Pre dent Tade V"e of rn X I'l Tracie L. Eddy, Secretary v st. City p % IAN: ayor �C by City Council: Page 2 of 2 Page 1 of 1 Bruce Freckleton From: Bill Nary Sent: Thursday, February 17, 2011 11:07 AM To: Bruce Freckleton Cc: Emily Kane; Ted Baird Subject: Fast Eddy's agreement I was reviewing this for Council for Tuesday. There is no language in the agreement that defines what this product is and that we do not warrant it for any other purpose than car washing? Since it's not potable water is there a necessity to have signage for that on Fast Eddy's part? At this point there is no charge for this service, but do we want to reserve the right to stop the. service if we choose? Also should we include that we do not guarantee service will be available and therefore if he can't provide car washing facilities for a period of time we are not responsible for his business loss? And if he has to use potable water as a back up that it is clear that this is to be paid for as any other user for that source? Bill Nw�r City Attorney/HR Director 33 E. Broadway Meridian, ID 83 642 Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.489.0480 Cell - 208.440.3881 2/17/2011 Bruce Freckleton From: Bill Nary Sent: Tuesday, January 11, 20112:12 PM To: Bruce Freckleton Subject: RE: Agreement for the use of our Class A Reclaimed Water This looks good. Did you want to send it out to Steve Eddy. Bill Nary City Attorney/HR Director 33 E. Broadway Meridian, ID 83642 Legal - 208 898.5506 HR - 208.898.5503 Fax - 208.489.0480 Cell - 208.440.3881 -----Original Message ----- From: Bruce Freckleton Sent: Tuesday, January 11, 2011 11:09 AM To: Bill Nary Subject: FW: Agreement for the use of our Class A Reclaimed Water I hate to bug you about this, but I need to get this agreement into Steve Eddy's hands. Thanks, Bruce Bruce Freckleton Development Services Manager Meridian Public Works Department P Think Green Please do not print this email unless necessary From: Bruce Freckleton Sent: Friday, January 07, 2011 1:10 PM To: Bill Nary; Ted Baird Subject: Agreement for the use of our Class A Reclaimed Water Bill and Ted, 1 In anticipation of the proposed Fast Eddy's that is going in at the corner of Pine and Ten Mile Road, I have put together the attached agreement for the use of our Class A Reclaimed Water. Could one of you please take a look at it from the legal perspective and give me your thoughts and/or suggestions. Thanks, Bruce Bruce Freckleton Development Services Manager Meridian Public Works Department 33 E. Broadway Avenue, Suite 102 Meridian, Idaho 83642-2619 Phone: (208) 887-2211 P Think Green Please do not print this email unless necessary 2 ^� f J, After recording, please return to: Brighton Corporation 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 Attn. Legal Department ADA COUNTY RECORDS J. DAVID NAVARRO AMOUNT .00 6 QOISE IDAHO 0412408 03.13 PM DEPUTY Bonnie0berb(Ilig IIII'IIII'IIIIIII"IIIIIII�I�I'IIIIII RECORDED -REQUEST OF � Meridian City 108048 30 MEMORANDUM OF AGREEMENT (Domestic Water Use) THE CITY of MERIDIAN USTICK MARKETPLACE LLC THIS MEMORANDUM OF AGREEMENT ("Agreement") is entered into this by and between the City of Meridian, by and through its Public Works Department, hereinafter referred to as "City", and Ustick Marketplace LLC, an Idaho limited liability company, hereinafter referred to as "Developer." The "Effective Date" of this Agreement shall be the date of the last signature required for the fall execution of the Agreement. WHEREAS, the Developer owns certain real property designated as Paramount Commercial Southwest Subdivision No. 1, and located in Ada County, Idaho, as described on Exhibit A attached hereto and incorporated by reference, hereinafter referred to as the "Project", which Project will be a commercial development, and, WHEREAS, the Developer will plat the Project in phases, and the current phase, located at the northeast corner of the intersection of McMillan Road and Linder Road, is not adjacent to an existing pressurized irrigation system, and will not have access to a pressurized irrigation system until the Developer plats the later phases of the Project, or the Developer plats the residential phases of the fixture Paramount Subdivision adjacent to the east of the Project. NOW, THEREFORE, in consideration of the foregoing, the Developer and the City do hereby agree as follows: Connection to Pressurized Irrigation System. The City permits the Developer to connect the phases of the Project to the City's domestic water system, for the purpose of providing pressurized irrigation to landscape buffers, common areas, and individual lot landscaping to the phases of the Project until such time as the Project has access to a pressurized irrigation system by the earlier of either of the following events: (a) the Developer plats subsequent phases of the Project enabling connection of the Project to a MEMORANDUW OF AGREEMENT -1 pressure irrigation system; or (b) the Developer plats the residential phases of the future Paramount Subdivision adjacent to the east of the Project. At soon as reasonably practicable ager such event, the Developer shall connect to the pressurized irrigation system available, and will disconnect from the City's domestic water system. Payment of Costs. The Developer shall be responsible at its sole cost and expense for all amounts incurred to install, connect, and disconnect to and from the domestic water system as contemplated in this Agreement. Term of A eement. Upon Developer's connection to the pressurized irrigation system and disconnection from the City's domestic water system as provided above, this Agreement shall automatically terminate and be of no further force or effect. Notwithstanding the foregoing, if this Agreement is not previously terminated as provided above, this Agreement shall automatically terminate three (3) years from the Effective Date, unless the City and the Developer execute and record an extension of this Agreement in the records of Ada County, Idaho. Upon Developer's request, the City agrees to execute a document evidencing the automatic termination of this Agreement, which may be recorded at the Developer's discretion, in the records of Ada County, Idaho. IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed, on the day and year first above written. CITY: City of Meridian DEVELOPER: Ustick Marketplace LLC, ars Idaho limited liability company �IZZ zJ1 Ar: r //, Y: , Member Date: o te. Ca Date: do/// 16 f9 ��`` ATTEST: �`.�'� CCW -1 ZALohm r City Clerk Ap Date: apila P Lix-1 • 1 MEMORANDUM OF AGREEMENT - 2 STATE OF IDAHO )ss. COUNTY OF ADA ) On this day of ACVj ! , 2008, before me, a Notary in and for said State, personally appeared'Iftr , kaaQn or identified to zee, to be the fy�l L of the UTY OF MERIDIAN that executed the instrument or the person who e4ecuted the instrument on behalf of said city and acknowledged to me that such city 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. q►# -4; 0 A!,• • !fir • : Notary Public for Residing at 1 M ; # My commission expires / STATE OF IDAHO � )ss. COUNTY OF ADA ) On this da of i t , 2008, before ane, a Notary i n and for said y 'r State, personally appeared MOON, known or identified to tae, to be the (mr IL o he CITY OF MERIDIAN that executed the instrument or the person whA executed the instrument on behalf of said city and acknowledged to me that such city. 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. MEMORANDUM OF AGREEMENT - 3 otary Public for ►ddlr�U Residing at 1% 1d lL-WPLl� Il'L- My commission expires 10-11-I 1 STATE OF IDAHO ) )ss. COUNTY OF ADA ) On this day, of re , 20,0$, before me, a Notary in and for said State, personally appeared , known or identified to me, to be the manager or a member of USTICK MARKETPLACE LLC, an Idaho limited liability company, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _ f � Natbli fay, Rest gat My commission expires�ho MEMORANDUM OF AGREEMENT - 4 Meridian City Council Meeting DATE: April 26,2011 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Water and Sewer Line Easements for Somerton Subdivision MEETING NOTES CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 70 lea% -b cvexST- ►�e.e ^ -7Ortgtnal � �E IDIAN't-��IDAHO TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: 4121111 SUBJECT: Water and Sewer Line Easements for Somerton Subdivision I. RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba 1. Approve two water and sewer line easements for the City of Meridian. This is to provide easements for new water and sewer lines serving the above referenced project. There are two separate easements. One is for the south half of the subdivsion and is owned by Greg Johnson. The other is for the north half of the subdivision and is owned by Steve Eddy. 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Steve O'Brien, Development Analyst II Supervisor Appro Supervisor Appro NNOMMM #• e1. 11 � Development Supervisor 6(-2/0- 0 Zvelopment Services Manager 489-0372 489-0362 489-0369 489-0371 AOA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 e 8018E IDAHO 04011 10.67 AM III I'll'II�II'lll�ll"III'II'I�"�'ll DEPUTY U:a 8ari RECORDED -REQUEST OF 111034955 Meridian City SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this1?rday _ 2011 between ST Investments, Inc., the parties the Grantors of the first part, and hereinafter called the, and the City of Meridian, Ada County, Idaho, party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire provide rovide a sanitary sewer and water main right-of-way hereinafter articularly bounded and described; and across the premises and property p wer and water is to be provided for through underground WHEREAS, the sanitary se pipelines elines to be constructed by others; and 40 to maintain and service WHEREAS, it will be necessary said pipelines from time to time by the Grantee; NOW, THEREFORE, 'in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way t-of-wa for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBIT A) hereby anted is for the purpose of construction and operation of sanitary The easement her y gr sewer and water mains s and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. , TO HAVE AND TO HOLD the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. AND AGREED, b IT IS EXPRESSLY UNDERSTOODY and between the parties hereto, repairs or performing other maintenance, Grantee shall restore the area of that after making reps p g . adjacent property to that existent prior to undertaking such repairs and the easement and � p p y owever, Grantee shall not be responsible for repairing, replacing or restoring maintenance. H anything placed within the area described in this easement that was placed there in violation of this easement. Somerton Business Park No. 1 Sanitary Sewer and Water Main Easement - ST Investments at the will not lace or allow to be placed GRANTORS hereby covenant and agree that y p , THE shrubs or flowers within the area t structures trees, brush, or perennial shru . any permanen • interfere with the use of said easement, for the described for this easement, which would inte purposes stated herein* agree with the Grantee that should any part of the THE GRANTORS hereby covenant and agr . • d shall become art of, or lie within the boundaries right-of-way and easement hereby granted part easement hereby anted et then to such extent, such right-of-way and e y gr of any public street, � and become • boundary thereof or which is a part thereof, shall cease which lies within such b ary null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and described tract of land, and that they have a good and possessed of the aforementioned and d p he will warrant and forever defend the title lawful right to convey said easement, and that they and quiet possession thereof against the lawful claims of all persons whomsoever. said parties of the first art have hereunto subscribed their IN WITNESS WHEREOF, the s p p signatures the day and year first herein above written. GRANTOR: ST INVESTMEN3$„Inc. Steve Eddy, Presi 2151 N. Greenvie Eagle, ID 83616 STATE OF IDAHO ) ss County of Ada ) da of , 2011, before me, the undersigned, a Notary On thisBih y Public in and for said State, personally pp ersonall appeared Steve Eddy, known or identified to me to be the President of ST Investments Inc., the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN ESS WHERE, OF I have hereunto set my hand -d fixed my official seal the day hove written. t +OIA*p NOTARY PUBLIC FOR AHO 1` s Residing at: �NA�Y'i' 1 0 4h Commission Expires: �► 4* .• re aV •• Somerton Business Park No. 1 Sanitary Sewer and Water Main Easement -- ST Investments GRANTEE: CITY OF MERIDIAN Tammy d erd Mayor Ck M d cee L. Holman, City Cle�k Attest b y �-� Approved By City Council On: STATE OF IDAHO ) : ss. County of Ada ) • 2411 before me, the undersigned, a Notary Public On this day of > I• personally appeared Tammy de Weerd and Jaycee L. Holman, known to me n and for said State, pens y pp to be the Mayor and City respectively, Clerk res ectivel , of the City of Meridian, Idaho, and who executed the within Instrument, and acknowledged to me that the City of Meridian executed the same. hereunto set m hand and affixed my official seal the day and IN WITNESS WHEREOF, I have y year first above written. •••SCA 00' C j•44 • ' o �� ,,�• ARY PU IC IDAHO (SEAL) • , • Re iding at:We.&3'4!0'n • • Commission Expires: SI -In 4cDe Ni 4____ • . • •• OF 1V • '••see's Somerton Business Park No. 1 Sanitary Sewer and Water Main Easement — ST Investments March 28, 2011 EXHF A DESCRIPTION FOR MERIDIAN CITY SANITARY SEWER & DOMESTIC WATER EASEMENTS PROPOSED SOMERTON BUSINESS PARK SUBDIVISION NO. l Easements located in the NW '/4 of Section 20, T. 3N.. R. l E., B.M., Meridian, Ada County, Idaho, more particularly described as follows: EASEMENT A An easement for Meridian City sanitary sewer racilities, more particularly described as follows: r f id Section 20from which the West '/4 cornea or said Commencing at the Northwest corner osae, Section beam South 00'34'18"' West, 2654.53 /4 feet; Thence along the north line of said NW ' of • "East 274.32 feet; 'thence South 00107'23" West, 402.28 feet to the Section 20 South 89 52 37 , REAL POINT OF BEGINNING:. Thence South 81 °46'59" East, 14.64 feet; Thence South 00°07'30'' West, 9.67 feet; Thence North 89°2542" West, 16.14 feet; Thence: North 08'13'01""' East, 11.72 feet to the REAL POINTOF BEGINNINGF. Containing 164 SF more or less EASEMENT R An easement for Meridian y •i ian Cit • sanitary sewer facilities, more particularly described as follows: • �f said Section 20, from which the West '/4 corner of said Commencing the Northwest corner c , 5 � f, Section bears South 00034'l l 8" West feet; eet; Thence along the north line of said NW /4 0 Section 20 South 89152"37" East, 548.03 feet; Thence South 00007'23" West, 57.00 ,feet to the REAL POINT -OF BEGINNING. Thence South 00° 10' 01 " East, 17.3 7 ('eet; Thence South 8904959" West, 20.00 deet; Thence North 00° 10 0 1 " West, 17.47 feet; Thence S�uti189 • - 52 3 7" East, 20.00 feet to the REAL POINT OF BEGINNING. Containing 1 348 S F more or less. EASEMENT C a i • water facilities, more articularly described as follows: An e�isc.mc.l1t for Meridian City domestic. 'v P Commencing at the Northwest eoiilei � f s /4aid Section 20, from which the West ' corner of said c Section bears South 00 °34' 18" West, 2654.53 feet; Thence along the north line of said NW `/1 of '3 " East, 508.49 feet; Thence South 00107'23"' West, 57.00 beet to the REAL Section 20 South 89°r �2.7 . POINT OF BEGINNING. "Mence South 89052 _37" East, 20.00 feet; Thence South 00'07"30"' West, 19.80 feet; Thence South 89°52"30" East, 28.45 feet; 100924\ 100924 -MER I DEASEDOC% 'Thence SOUth 14027' 3 5" East. 189.90 Leet; 'rhence South 00°00'00" West; 48.77 feet; _ 'Thence North 89°54'31" West. 31 6.05 feet; -r11e11C e South 00007'-30-" West, 104.48 feet; Thence North 89°25.42 West, 4.04 feet; Thence North 08° 1 3' 01 " East, 0.25 feet; Thence North 00007"30" East, 99.20 feet: Thence North 89°54'31'' West, 40.00 feet; Thence North 00005'29" East, 20.00 feet; Thence South 89'54'.3 " East, 55.03 feet; Thence North 00005129" East, 10.51 feet; Thence South 89054`3 1 " East, 20.00 feet; Thence South 00005'29" West, 10.51 feet; Thence South 8954'3 1 " East, 265.00 feet; Thence North 00'00'00" East, J -- feet; Thence North 14°27'35" West, 1.71.91 feet; Thence North 89152'30" West, 32.99 feet; Thence North 00007'34" East, 5.00 feet; Thence North 89152'30" West, 20.85 feet; Thence North 00107'30"' Fast, 26.12 feet; Thence South 89°52'305' East, 20.85 feet; Thence North 0010730" East, 8.67 feet to the REAL POINT UP BEGINNING. Containing 12,252 SF more or less. LAND GEST 9 ,cyA6l E . �P 10092W100924- M E R I D E A S E. DOC' /00MI ti 18 17 y74.32'�- �� fk''37.OVERLAND ROAD x.49' i548.03 . 19 20 I t ' N . � k-57.00'0 IMUT �0_ez- --- OF 129252 +1-- L15 75 %n Vi FAL POINT G� 1 �. gID; 348 SF U 3 N 89'S2'2.9 300W LOT 1 ' —' LOT 2 � some, 0 seo t4o I � PRS Ess PARK S0131D 1110, lob IN) INT LEGEND g 1 E'�j� oomEsnc waw EASEMENT Ito M I C] SANITARY SEWER EASEMENT 1 N 1 e 00 , O C� LIN ET t!1 I 55.03 L10 DISTANCE DISTANCE LINE .BEAROF 17.3 7' L10 S 89-54'31 E 20.00 S 8754'31"E I� L1 z . S 81'46'59"E L2 S 89'49'59" W I N 00'10'01" W 20.00' L11 S 00'05'29" W 10.51 17.47' L12 N 00'07'34" E 5.00' N, 08' 13'01 "E 14.64' L3 S 00'07'30"W L4 S 89'52'37" E 9.67' S 00'07'30" W 20.00' L13 N 89'52;30" W 20.85 19.80 L14 N 00'07'30" E 26.12' N 89'54'31 40.001 . WATER EMENT N.T.S. S 89'54'31 "E 265.00' N 89'54'31 *W 316.05' 1� -n woo 00, I i� pop" -se � I uR�• LIN ET BEGIIING M/ O �`I INE BEARING I ' L " N S00'1001 E DISTANCE DISTANCE LINE .BEAROF 17.3 7' L10 S 89-54'31 E 20.00 • M 164 SF +/- I� L1 z . S 81'46'59"E L2 S 89'49'59" W I N 00'10'01" W 20.00' L11 S 00'05'29" W 10.51 17.47' L12 N 00'07'34" E 5.00' N, 08' 13'01 "E 14.64' L3 S 00'07'30"W L4 S 89'52'37" E 9.67' S 00'07'30" W 20.00' L13 N 89'52;30" W 20.85 19.80 L14 N 00'07'30" E 26.12' 11.72'` --'�" N 89'25'42"W 15 L6 S 89'52'30" E DIMENSIONS SHOWN AT THIS CORNER L7 N 08' 13'01" E 28.45' L15 S 89 5230" E 20.85 0.25 L16 N 00'07 30 E 8.67 16.14 ;; ARE FOR SANITARY SEWER EASEMENT. N 00'05'29" E SEE WATER EASEMENT DETAIL FOR WATER LS 20.00' L17 S 89#52'37" E 20.00' L18 N 89'25'42 W 4.04 .5'29" E EASEMENT DIMENSIONS IN THIS AREA. L9 N 00'0 10.51' scAL E 1 „=60' MERIDIAN CITY SANITARY SEWER & GINEERING WATER EASEMENTS DWG.DATE 02/09/11 bkb PROPOSED SOMERTON BUSINESS PARK LUTIONSup PROD. No. 100924 SUBDIVISION NO. 1 SHEET 1029 N. ROSARIO ST., STE. 100 1 OF 1 LOCATED IN THE NW 1/4 OF SECTION 20 T 3N. R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941 100924-MERIDEASE.DWG Meridian City Council Meeting DATE: April 26 2011 ITEM NUMBER• 5D PROJECT NUMBER: ITEM TITLE: Approve the Amended License Agreement with Nampa &Meridian Irrigation District to Change the Installation Location of a Reclaimed Waterline that Crosses the Five Mile Drain Which will be Installed as Part of the Ten Mile Road -Cherry Lane to Ustick Road Reclaimed Waterline Project MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS "allf-A 4o ?jyqtt 9S, (:> E IDIA Publi*c IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: 4/12/2011 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVE THE AMENDED LICENSE AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DISTRICT TO CHANGE THE INSTALLATION LOCATION OF A RECLAIMED WATERLINE THAT CROSSES THE FIVE MILE DRAIN WHICH WILL BE INSTALLED AS PART OF THE TEN MILE ROAD — CHERRY LANE TO USTICK ROAD RECLAIMED WATERLINE PROJECT, I. RECOMMENDED ACTION A. Move to: 1. Approve the Amended License Agreement with Nampa & Meridian Irrigation District to change the installation location of a Reclaimed Waterline that crosses the Five Mile Drain which will be installed as part of the Ten Mile Road — Cherry Lane to Ustick Road Reclaimed Waterline project. 2. Authorize the Mayor to sign the Amended Ten Mile Road License Agreement. II. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician..............................................................489-0364 Clint Dolsby, Asst. City Engineer..................................................................489-0341 Warren Stewart, PW Engineering Manager ...................................................489-0350 Tom Barry, Director of Public Works...........................................................489-0372 Page 1 of 2 III. DESCRIPTION A. Background During the construction of the Ten Mile Road Reclaimed Waterline it was discovered that due to the recent installation of a fiber optic line after the site was surveyed, the contractor is unable to establish a pit for the bore under the Five Mile Drain. This necessitates moving the location of the crossing further to the west. The amended license agreement will provide permission from the irrigation district g ict to change the installation location of the reclaimed waterline. IV. IMPACT A. Service/Delivery Impact: Without approval of this Amended License Agreement the installation of the abovementioned utility line cannot be completed. The Ten Mile Interchange g would therefore not be fed with reclaimed water at this time. B. Fiscal Impact: The City will incur a minimal change order to accomplish this work and the work will be well within the budget for the project. V. ALTERNATIVES A. Not Applicable VI. TIME CONSTRAINTS A. Not Applicable VII. LIST OF ATTACHMENTS A. Nampa & Meridian Irrigation District License Agreement Approved for Council Agenda: amen Stewart, Engineering Manager Page 2 of 2 ate 1 CHARTERED LAWYERS Laura E. Burri Adam S. Christenson Jeffrey R. Christenson David P. Claiborne S. Bryce Farris Jon C. Gould David Hammerquist Charles L. Honsinger James P. Kaufman April 8, 2011 Jennifer Reid Mahoney James G. Reid * Daniel V. Steenson Corey Peacock Civil Survey Consultants, Inc. 1400 E. watertower Street Meridian, Idaho 83642 Re: Addendum to License Agreement with Nampa & Meridian Irrigation District Dear Corey: Enclosed for review and signature is the original of the above -referenced Addendum to License Agreement you requested on behalf of City of Meridian. 'The Agreement must be signed and notarized as indicated. Do not date page one of the Addendum to License Agreement. If the original is executed and returned to me by April 13, 2011, I will be able to submit the Agreement to the District's Board of Directors for approval and signature Pp g at the Board's next meeting on April 19, 20 11. The District will have the original recorded and I will return a copy to you. Please contact me if you have any questions or comments regarding this matter. SBF:kw Enclosure Yours very truly, S. Bryce Farris 455 South Third Street PO Box 2773 Boise, Idaho 83701 208.342.4591 FAX 208.342.4657 * also licensed in OR also licensed in CO wwr i n g e r t l a w.com ** w ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 4 BOISE IDAHO 05119/11 08:22 AM DEPUTY Bonnie Oberbillig RECORDED—REQUEST OF 1 1 1041 1 1 1 Nampa & Metidian Irrigation ADDENDUM TO LICENSE AGREEMENT ADDENDUM TO LICENSE AGREEMENT, made and entered into this ..1..7 day of _Ma�4 2011, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation 01 - district organized. and existing under and by V11-tUe of the laws of the State of Idaho (District), and the CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 (Licensee), is made with reference to the following facts: The District and Licensee entered into a certain License Agreement dated January 4,2011, recorded as Instrument No. 111003860, Records of Ada County, Idaho. Tile purpose of the License Agreement is to permit Licensee Construct and install a 16" Class A Reuse Main Under and across the Nine Mile Drain and the Five Mile Drain and within the District's easement, all within Licensee's right-of-way where Ten Mile Road intersects the Nine Mile Drain and the Five Mile Drain in Meridian,, Ada County, Idaho. Licensee now represents to the District that Licensee desires to modify and amend said License Agreement to approve and permit Licensee to change the location where the 1.6" Class A Reuse Main will cross the Five Mile Drain approximately 390 feet west of Ten Mile Road and within the District's easement for the Five Mile Drain. Execution of this addendum in accordance with these facts will affect or change the terms of said License Agreement. NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and Z:) conditions hereinafter set forth and those set forth in the License Agreement referred to above naming the parties hereto as parties, the parties agree as follows: I . Exhibit C, of said License Agreements is hereby amended to approve and permit Licensee to change the location of the crossing of the Five Mile Drain with a 16" Class A Reuse Main to approximately 390 feet west of the Ten Mile Road and within the District's easement for the Five Mile Di-ain (tile prior location of the crossing of the Five Mile Drain is no longer authorized). The construction described in this Addendum shall be in accordance with those portions of certain plans attached hereto as Exhibit D- I and by this reference made a part hereof. 2. Construction of the facilities authorized bythisAddendum shall becompleted one year from the date of this AddendUlll. Time is of the essence. 3. Said License Agreement is hereby affirmed and shall remain in full force and effect except as modified by this Addendum. Licensee acknowledges and agrees that it is bound by the covenants, 4 ADDENDUM TO LICENSE AGREEMENT - PAGE I conditions and agreements contained in said License Agreement. 4. The Licensee agrees to pay reasonable attorney fees and recording fees for preparation and recording of this Addendum. 5. The covenants, conditions and agreements contained herein and in said License Agreement shall COIlStitLIte covenants to I -Lill With, and I111111ing with, all of the lands of Licensee described in Exhibit A of said License Agreement, and shall be biiidincrt�l on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District and Licensee have hereunto caused their names to be subscribed as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT f rj CID B 'y 1 y dAdj /r*,e Its President �.•.:4K.. 11 .1 , J ATTEST: Its Secretary ATTEST: STATE OF IDAHO ss: County of Canyoii CITY OF MERIDIAN' On this day of. MctAA .3 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte, I'le-irliciek and Daren R. Coon, known to tile to be the President and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation distriathat ADDENDUM TO LICENSE AGREEMENT - PAGE 2 executed the foregoing instrument and acknowledged to me that SLICII irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. NOA A4. so 00 0 00 ®® 0 OTA 0 do 0 40P 0 dew PU13k, 0 eo % 00000 1�� STATE OF IDAHO } °•s �' ,�,�� r 7 of;10 )SS. County Of Aa -a' Notary Public*- Idaho Residing at-- ( , Idaho My Commission Expires: 7 D%,C-) I 0 '=3 Oil thisr (1 -ml V -s day of Apn 2011, before me, the undersigned, a notary Q public in and for said state, personally appeared known to me to be the pqq' ov, of the entity that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hei-eL11ltO Set my hand and affixed my official seal, the day and year in this certificale first above written. JO 00 B 1; 7'h� OF T 0049000 ADDENDUM TO LICENSE AGREEMENT - PAGE 3 No 4ryy P u b I is fol- - K GL Residing at.P&(Alan ti My Commission Expires:, ��.vn ?090*4% 9 w m z 0 f!A to Lip "'m - •<0 1mA R. Ui "R .......... ... . .. . d n 2 am ra A c 43 Z t it aI !: 9 w m z 0 f!A .... .... ..... "'m - •<0 1mA R. Ui "R .......... ... . .. . n 2 am ra A c aI !: ci :C C1 Ll $ g 0 A lX 0 CS ny HRA In R p -Z A "AF±D I- rM go U." ? I. A mr HS W -I-9 A. 111»M g Z Exhibit D-1 "'m - •<0 1mA R. Ui "R ra A c aI !: w 0 to Z to Al. 2 04 0 �4 iw IS rn Ln 13 it A r. 0-1 c LA MHtD PRAWWO C" ME AT CIVII. 54JOINLY 00famlAUT& 82ALED ON 4rlll I LA as o ix CITY OF MERIDIAN CIVIL SURVEY CONSULTANTS, INC. N*. Ac"Wits 04, NO chit Mott TEN MILE ROAD CONSULTING ENGINEERS 01) IAND SURVEYORS cm"w CA 11624 1400 CAST WATERYOWER STREET 14 CLASS A IMUSE WIAIN SUITC too WERIDIAH IDAO $ (209$808-HA312 3642 TAB I Exhibit D-1 Meridian City Council Meeting DATE: April 26, 2011 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Task Order #10229A for Professional Services (Related to the NW 8th Street -Broadway Avenue to W. Willowbrook Drive Sewer Line Rehabilitation Project) with Murray, Smith & Associates, Inc. for allot -To -Exceed Amount of $63,800.00 per the Master Agreement Dated April 13, 2010 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (E IDIAN�- IDAHO Pub lic Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd� Engineering echnician II Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba DATE: April 5, 2011 SUBJECT: TASK ORDER 10229A FOR PROFESSIONAL SERVICES (RELATED TO THE NW 8th STREET — BROADWAY AVENUE TO W. WILLOWBROOK DRIVE SEWER LINE REHABILITATION PROJECT) WITH MURRAY, SMITH & ASSOCIATES, INC. FOR A NOT -TO -EXCEED AMOUNT OF $639800,00 PER THE MASTER AGREEMENT DATED APRIL 139 2010, I. RECOMMENDED ACTION A. Move to: 1. Approve the Task Order No. 10229A with Murray, Smith & Associates, Inc. to provide professional services for the NW 8th Street from Broadway Avenue to W. Willowbrook Drive Sewer Line Rehabilitation Project, for a not -to -exceed amount of $63,800.00. 2. Authorize the Mayor to sign the agreement. IL DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician II..........................................................489-0364 Clint Dolsby, Asst. City Engineer..................................................................489-0341 Warren Stewart, PW Engineering Manager ...................................................489-0350 Tom Barry, Director of Public Works...........................................................489-0372 Page I of 3 III. DESCRIPTION A. Back round n work to redevelop and convert the downtown area to multi - The City has begun p p used develo ment. The 2009 Sewer Study identified the 8th Street story, mixed Trunk Main from BroadwayAvenue to W. Willowbrook Drive as one of the major collector lines to be rehabilitated. This rehabilitation, along with several new sewer bypass and relief lines, will address future capacity issues. B. Proposed Project This proposed project consists of the rehabilitation of approximately one (1) mile of the Broadway Trunk sewer aligned parallel to NW 8th Street between Broadway Avenue and Willowbrook Drive. Slip lining technology will be the primary method of rehabilitation which consists of pulling a smaller polyvinylchloride (PVC) line through the existing sewer main. All existing sewer manholes along the line will be replaced as part of this project. C. Consultant Selection Murray, Smith and Associates was chosen for this project due to their expertise in collection system engineering. Murray, Smith and Associates was also chosen as a qualified firm to provide consultant services for sewer line extensions and q p miscellaneous collections design and they hold a Master Agreement for services over $25,000. IV. IMPACT A. Strategic Impact ThisJ ro' ect meets our mission requirements to ensure that the City provides the p quality . ualit level of service to its citizens by promptly addressing falling infrastructure and services. B. Service/Delivery Impact: The replacement of this deteriorating sewer line will reduce losses from infiltration and inflow into the system thereby decreasing flows to the wastewater treatment plant. C. Fiscal Impact Project Costs Public works is requesting to proceed with consulting services from Murray, Smith & Associates, Inc. to allow the project design to be completed and ready for construction during the late 2011 /early 2012 budget years. Consultant Agreement (Not to Exceed)............................................$63,800.00 TotalCost......................................................................................... $639800.00 Project Funding TheJro' ect will be funded with existing City funds from the following account: p Service Line/Main Replacement (3590-95000) ................................$63,800.00 TotalFunding....................................................................................$63,800.00 Page 2 of 3 V. ALTERNATIVES City could defer the replacement of the sewer line. A camera inspection of A. The C y p the sewer line identified multiple problems within the section of pipe. This alternative would allow the identified problems to worsen over time and decrease the efficiency of the sewer conveyance system. It would also result in an increase in the likelihood of a failure and an emergency repair at a much higher cost. City B. The Cit could utilize another pipe replacement method such as excavation and replacement. This alternative would require the asphalt and subsurface to be excavated and replaced upon completion of the new pipe installation. Open p trench construction methods will be more costly and take more time to complete. VI. TIME CONSTRAINTS A. The approval of this task order will allow the design and construction assistance necessary to proceed to construction in 2011/2012 budget years. VII. LIST OF ATTACHMENTS A. Task Order No. 10229A — Two Copies B. Purchase Order Requisition Department Approval: Page 3 of 3 z z Q mW E = N M W� M 00 COL Q wmoa 00 z00 Q OD C N (14 QU) LL Ix W W O L M CL U) U m _ . 0 C) Q N � /�--� M O E = 00 (n co o �+ 0 w 0o 0 z :)w C/) > c H 1-- V w Ml O w a z O a M m a w w w z J Q a LU Q z H LU v O w a TASK ORDER N0.10229A BETWEEN CITY OF MERIDIAN (OWNER) AND MURRAY, SMITH &ASSOCIATES, INC. (ENGINEER) engineering Project No. 10229A shall be for professionalg g services to design sewer rehabilitation �wer line located along NW 8th Street of approximately one mile of existing se t from Broadway, • This Task Order shall be in accordance with the Murray, Avenue to W. Willowbrook Drive. Smith &Associates (MSA) Master Agreement for Professional Services dated April 13, 2010. BACKGROUND and has begun work to redevelop and convert the downtown area to The Owner is planning, a g Street Trunk The 2009 Sewer Study identifies the 8th multi -story, mixed used development. s that • W. Willowbrook Drive as one of the mayor collector line Main from Broadway Avenue to relief lines • rehabilitation along needs rehabilitation. This rehab g with several new sewer bypass and rel • s. Rehabilitation of a portion of the Broadway Trunk was will address future capacity issue of the Broadway constructed in 2010. This scope of work is to replace the portion y designed and Trunk that aligned is ali ed parallel to NW 8th Street between Broadway Avenue and Willowbrook Drive. SCOPE OF SERVICES TASK 1— DATA COLLECTION & ANALYSIS Task 1.1—Data Collection & Analysis In this task, MSA will review background information already provided by the Owner and we gr may develop a formal data request for any additional information required for completion of the • anticipated additional data requests. will be made throughout the project, however work. It is anticipated that addit q • the majority of the data required w ill be requested at the beginning of the project. MSA will limit the number of data requests that are made to minimize the required Owner Staff time. Assumptions g in • - s held between MSA and the Owner on February 3, 2011 includes 1. Budget kick off meet and March 17, 2011. 2. MSA and the Owner will identifyand collect required data in a timely manner so as to not impact the project schedule. Deliverables 1. Formal data request(s) MURR.AY, SMITH & ASSOCIATES, INC. 8th Street Sewer Replacement City of Meridian 1 March 2011 Engineers/Planners GAM Admin\Agreements and InsuranceTrime Consultant\Clients\Meridian\TBD - 8th Street\MSA 8th street sewer rehab_scope of work 4-4-2011_final.docx TASK 2 —PRE -DESIGN following tasks as art of a re -design effort prior to development of MSA will perform the g p p design plans and specifications. Task 2.1—Survey MSA will perform a survey of surface features and -utilities along the project area including coordinates and inverts of manholes and the sewer main. The survey will be done horizontally on the Ada County H.A.R .N and verticallyon the NAVD 88 datums. This SOW assumes that the locations of all side sewers, service lines water mains, water service lines and other utilities will be marked with a designline call. The survey will include parcel information from the Dig line GIS database. At a minimum the survey along the proposed sewer alignment will be the width of the easement or 20 feet wide if no easement exists. If no easement exists, survey of sewer alignment is contingent on access from property owner. The survey will also include surface features that are located outside the easement but may affect construction (e.g. trees that the easement fences, permanent/non-permanent fixtures). This task also includes overhang p . research of any existing easements for the existing sanitary sewer line. Task 2.2 -Preliminary Design 1. MSA will perform a preliminary design that includes the following tasks: a. Review the CCTV inspection tapes and reports b. Provide the base bid item of sliplining and a bid alternative for Cure in Place Pipe (CIDP) for the /000*0� line rehabilitation c. Comparison of costs for sliplining and CIPP technologies 2. MSA will develop approaches for the following: a. Identify and repair localized sags and collapsed pipe b. Repair side sewer connections c. Repair side sewer mains (if the Owner determines this is needed) d. 'Repair sewer service connections to residents 3. Develop conceptual level opinion of probable costs based on the sliplining technology with a bid alternative of CIPP Technology. 4. Recommendations on phasing of the project 5. Reassessment of the design schedule MSA will present the findings of the preliminary design at a meeting with the Owner. Deliverables 1. Notes for preliminary design presentation. City of Meridian MURRAY, SMITH & ASSOCIATES, INC. 8th Street Sewer Replacement March 2011 Engineers/Planners 2 GAPDX Admin\Agre ements and Insurance\Prime Consultant\C1ients\Meridian\TBD - 8th Stred\MSA 8th street sewer rehab scope of work 4-4-2011 final.dom TASK 3 - EASEMENTS Task 3.1 Easement and Property Access Negotiations Based on the findings, of the prelimina desi ry gn, MSA will negotiate any required easements with landowners along the alignment of the existing• • gravity line. In addition, MSA will negotiate access to the easement throw property. � private p p ert y This work will be billed on a T&M basis. A $S, 000 initial budget for this task is included in this scope of work. Task 3.2 - Easement Descriptions and Easement Documents I . Identify required easements for the existingline(temporary sewer access and permanent) 2. If new easements are required, MSA willp rovide: a. Legal descriptions and maps, stamped, dated and signed • p gn by a Registered Professional Land Surveyor in the State of Idaho. b. Easement documents signed b the g y property owner (Owner will provide the easement documents and a Notary once negotiations are completed). This work will be billed at a rate of $300/parcel requiring an easement. Up to 10 permanent easements may be needed and they will include necessary construction easements..A $3, 000 initial budget for this task is included in this scope of work. Assumptions 1. The Owner shall provide a set of criteria and paperwork (e.g. offering price/sf of easement, amount of property restoration within the easement) to be used for easement negotiations. 2. Payment for easement negotiations to MSA are included in this SOW Time will be charged on a per hour basis per MSA's current rate schedule for any hours above the initial budget. The budget will not be exceeded without prior authorization by the City. 3. MSA will be responsible for coordinating access for surveying and field visits with affected landowners prior to beginning the work. Deliverables 1. Easement maps and descriptions a. Two (2) hard copy originals and 1 electronic copy of the map in AutoCAD format shall be provided. 2. Easement documents signed by property owners a. Two (2) hard copy originals to include the maps and descriptions from item 1 shall be provided for City Council action and recording. Disclaimers 1. The Owner will take the lead in the case that eminent domain must be utilized to acquire any easement. 2. MSA will not act as legal counsel for the Owner and MSA does not guarantee that negotiations with the private land owners will lead to acquisition of an easement or granting of access to an easement through private property. City of Meridian MURRAY, SMITH & r ASSOCIATES, INC. 8th Street Sew March 2011 a Replacement Engineers/Planners 3 GAPDX Admin\Agreements and lnsurance\Prime Consuhant\Clients\Meridian\TBD - 8th Strcct\MSA 8th street sewer rehab scope of work_4-4-2011 final.docx TASK 4 — DESIGN ,,...� MSA will develop a construction package for the improvements described in the background section of this scope . The construction package will be further • design phase, g er clarified during the pre - Task 491...5o% Design Package g I . MSA will develop a 50% design package • g p age that will include the following: g a. Plan Sheets at 40 or 50 scale with two plan views on each sheet. b Draft Technical Specifications/Special Provisions ions that should include phasing of the project c. Draft Bid Schedule d. Draft Surface Water Pollution Prevention Plan i. (Will be forwarded to Brown• & Caldwell for review) e. Draft Opinion of probable cost f. Reassessment of design schedule The 50% design plans and specifications will be submitted bmitted to the Owner and ACRD for review and comment. Task 4.2 - 100 % Design Package MSA will develop a 100% design package based on comments received on the 50% design package from the Owner (includes Brown &Caldwell SWPP comments) and ACHD that will include the following: a. Plan Sets i. Cover Sheet ii. Plan Sheets at 40 or 50 scale with two plan views on each sheet. iii. Standard Notes and Details b. Technical Specifications/Special Provisions c. Bid Schedule(s) d. Surface Water Pollution Prevention Plan e. Opinion of probable cost f. Reassessment of design schedule The 100% design plans and specifications will be submitted to the Owner and ACHD for review and comment. All checklist items and redlined drawing comments from ACRD and the Owner will be addressed prior to formal approval by the Owner's Qualified Licensed Professional Engineer (QLPE). Assumptions 1. The design budget assumes that the entire project will consist of pipe repair with trenchless !�. technologies, and therefore no profiles will be required in the design drawings. (Development of profiles for traditional open trench construction is outside this SOW.) City of Meridian MURRAY, SMITH & ASSOCIATES, INC. 8th Street March 2011 Sewer Replacement Engineers/Planners 4 GAM Admin\Agreements and InsuranceTrime Consuhant\C1icnts\Meridian\TBD - 8th Street\MSA 8th street sewer rehab scope of work 4-4-2011 final.docx 2. The budget assumes that the construction contractor will be responsible for co ass 1 p construction staking, sanitary sewer bypass pan, and traffic control plan per ACHD requirements. u' rements. 3. The budget assumes the City and ACHD will be provided a 50% design initial comments. gn package for 4. The budget assumes one project status ' p tus meeting between the 50% and 100% desi submittals, an package 5. MSA :will prepare the technicals specifications. . p fications. The ISPWC and City of Merl supplements_ will be used a Y dean s the basis of the technicals specifications. • will be referenced p ISPWC specifications and not reproduced in the specification package. • be altered a . , p p age. Those specifications will and referenced and special provisions will be • . developed as required. 6. The Owner will provide in-houseLPE a • Q approval for the project. 7. The design package will be resented as two • p phases with City of Meridian input. • p 8. The Owner will prepare the "front end" bid documents. 9. The front end bid documents developed b the • p y e Owner will require construction to be extended into the Owner's 2011-2012 fiscalY ear. 10. The Owner will prepare and reproduce p p e the bid packages for bidders. 11. The Owner will administer the bid. 12. Plans will be full size 22"04" or 24"x3691 . Deliverables L 50% Bid Package a. Two (2) hard copies of the 50% design package to the Owner b. Submittal to ACHD per their requirements. 2. 100% Bid Package (for review) a. Four (4) hard copies of the 100% design package for review b. Two (2) copies of the specifications/special provisions for review c. Submittal to ACRD per their requirements. 3. Final Bid Package a. One (1) hard copy of the Final Plans and specification/special provisions for copying. City of Meridian MURRAY, SMITH & ASSOCIATES, INC. 8th Street S March 2011 ewer Replacement Engineers/Planners 5 GAM Admin\Agreements and InsuranceTrime Consu1tant\C1ients\Meridian\TBD - 8th Street\MSA 8th street sewer rehab scope of work 4-4-2011_final.docx TASK S —CONSTRUCTION MANAGEMENT Task 5.1- Services during construction will be com let • p ed for the following tasks: 1. Attend pre-bid meeting 2. Answer questions and assist inroducin addenda p g during. the bid period 3. Attend the pre -construction meeting 4. Review technical submittals 5. Respond to RFIs (if requested b the Owner) ) 6. Perform site visits and attend construction requested meetin s(asreg q by the Owner) 7. Set necessary control for contractor staking activities for each phase of the project. 8. Prepare as -built drawingser the Owner's Record Dr ' p awing requirements. a. All surveying hours necessary for Record Drawings are included in this item. tem. Assumptions 1. Time for this task will be billed on T&M basis per MSA's current rate schedule. The budget amount will not be exceeded without authorization by the Owner. 2. Owner will determine the apparent low bidder 3. The Contractor will notify all landowners before construction begins 4. The Contractor will be responsible for coordinating. any access to private property that is ,,,.� required during construction 5. Contractor will be responsible for construction surveying/staking as noted in the specifications for items required (e.g. temporary construction or permanent easements) 6. The Owner will provide the daily job inspections 7. Owner will review pay quantities and pay requests 8. As -built drawings will be based on Contractor markups and as -built survey of manhole rims and inverts provided by MSA Deliverables 1. Updated submittal and RFI log 2. Meeting minutes from any meetings attended by MSA staff 3. Report and pictures (if taken) from field visits performed by MSA staff 4. Record drawings as required by City of Meridian Record Drawing requirements. City of Meridian MURRAY, SMITH & ASSOCIATES, INC. 8th Street Sewer Replacement March 2011 P Engineers/Planners 6 GAPDX Admin\Agreements and Insurance\Prime Consultant\Clients\Meridian\TBD - 8th Street\MSA 8th street sawar rehsb_scope of work 4-4-2011 final.docx BUDGET ,,� The budget for this task is shown in Table 1. The work will' be billed on NOT TO EXCEED basis under the terms of the MSA Master Agreement for Pro ' gr' Professional Services using the current billing rates from the Schedule of Charges. The total bud et shall • g g all not be exceeded without authorization by the Owner. Table 1 Total Project Costs Task Number 'how cott Task 1 - Data Collection & Analysis $1,000 Task 2 -- Pre-Desi$15,500 Task 3 - Easements $8,000 Task 4 - Design $22,300 Task S - Construction Management $17000 Project Totals $63 800 TIME OF PERFORMANCE A preliminary schedule is included as Exhibit B. MSA will make every effort to complete the work in a timely manner; however, it is agreed that MSA cannot be responsible for delays Y occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time this Task Order was executed. CITY OF ME DIAN ENGINES BY: BY: TAMMY ESRD, MAYOR `�. p :' f,/Murray, Smith & Associates Attest. •,, FO BY: YCE OLMAN, � -I CITY C ERKS.L r r • '0 1 r L �. Approved as to Content '�� "� �, \%part e t App ov 1 0010OUN BY: BY: Wa, _..�___....�.� KEI TTS, P HASING AGENT TITLE: •� Q�-�G i" �- n .Z / / T1C Dated: '' - !// _ 'ft% Dated: /it City of Meridian MURRAY, SMITH & ASSOCIATES, INC. 8th Street Sewer Replacement March 2011 Engineers/Planners 7 GAM Admin\Agreements and InsuranceTrime Consultant\Clients\Meridian\TBD - 8th Street\MSA 8th street sewer rehab_scope of work_4-4-2011 final.docx 5 ............... . 2011 SCHEDULE OF CHARGES Personnel: t the following Labor will be invoiced by staff classification a g hourly rates, which are valid ber 31 2011. Amer this period, the rates are subject to from January 1, 2011 to Decem , Adjustment. Senior Principal $165.00 Principal Engineer /Associate 153.00 Senior Engineering Associate 146.00 . Senior Engineer 140.00 Engineer VII 133-00 Engineer VI 126.00 Engineer V 117.00 Engineer IV ,110.00 Engineer III 104.00 Engineer 11 98.00 Engineer I 90.00 Senior Technician 110.00 . an Technics 91.00 Junior Technician 73.00 Administrator Admin � 79.00 Clerical 64.00 Project Expenses: Expenses incurred in-house that are directlyattributable to the project will be invoiced at actual cost. These expenses include the following: Computer Aided Design and Drafting $13.00/hour Mileage Current IRS Rate Direct Communication Charges At Cost Postage and Delivery Services At Cost Printing and Reproduction At Cost Travel, Lodging and Subsistence At Cost Outside Services: Outside technical, professional and other services will be invoiced at actual cost plus 10p ercent to cover administration and overhead. Boise MURRAY, SMITH & ASSOCIATES, INC. 2011 Engineers/Planners DATE: ITEM TITLE: Meridian City Council Meeting ril 26,,2011 ITEM NUMBER: 5F PROJECT NUMBER: Award of IFB #WTR-11-10239 to Rush Truck Centers for a Dump Truck in the Not -To - Exceed amount of $80,843.00 and Authorizing the Purchasing Manager to Issue a Purchase Order. MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City of Meridian Purchasing Dept. Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Agent CC: Dennis Teller Date: 4/20/11 Re: April 26 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 7 City Council Consent Agenda for Council's consideration. Approval of Award of Bid for a "Dump Truck" to Rush Truck Centers and authorize the Purchasing Manager to issue and sign a Purchase Order/Contract in the amount of $80,843.00. This award is the result of Formal 11713 #WTR-11-10239 issued March 25th and opened April 13 . Three bids were received, one was non-responsive. $80,000 was budgeted for this equipment and the Public Works Director has approved the additional $843.00 from the Enterprise Fund. Recommended Council Action: Approval of Award of Bid and Authorize the Purchasing Manager to issue and sign a Purchase Order/Contract for the Not - To -Exceed amount of the Low Bid Award of $80,843.00. Thank you for your consideration. • Page 1 W TW zo VW 9 CM Ln ow cc W w x x x m z 0 z 0 is ro .: x x x zo CM Ln cc IP 9 CC w w x x x m z 0 z 0 is ro CM Ln x x x Ix xxi L .: x x x Co Cf) cc Meridian City Council Meeting DATE: April 26,2011 ITEM TITLE: ITEM NUMBER: 5G PROJECT NUMBER: Agreement for Independent Contractor Services with Cascade Pipeline Corporation for the Sewer Line Replacement Project, Sites 4 - 8for allot -To -Exceed Amount of $151,026.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS /a --70 `—'— r e) t ►tea 1 e-re�e- E'- ►''Jot t (�d 1-0 �E IDIANI,.6awor IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: April 5, 2011 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WITH CASCADE PIPELINE CORPORATION FOR THE SEWER LINE REPLACEMENT PROJECT, SITES 4 — 8 FOR A NOT -TO -EXCEED AMOUNT OF $1519026.00 I. RECOMMENDED ACTION A. Move to: 1. Approve the Agreement for Independent Contractor Services with Cascade Pipeline Corporation for the Sewer Line Replacement Project, Sites 4-8 for a not -to -exceed amount of $151,026.00. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician II 489-0364 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 Page 1 of 3 EWER A E REPLACEMENT SITES - 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 condition, material, size, and age. B. Proposed Project This project includes replacement of sewer lines, manholes and reconnection of residential sewer services in the following locations: 1. Site 4 --- NE 4th Street from Washington Ave. north approximately 166'. 2. Site 5 --- The alley north of State Street between NE 3rd and NE 4th Streets. 3. Site 6 --- The alley north of Broadway Avenue from Meridian Road to Main Street (Bid Alternate #1) 4. Site 7 --- The alley west of Meridian Road from Broadway Avenue to Idaho Avenue. 5. Site 8 --- Bower Street from Main Street to East 2nd Street. C. Contractor Selection The City received two bids for the project on March 31, 2011 at 2:3 0 PM. The low bidder was Cascade Pipeline Corporation with a bid amount of $101,965.00 for the base bid and $49,061.00 for the Alternate (Site 6). Cascade has a valid Public Works Contracting License and is qualified to do the proposed work. IV. IMPACT A. Service/Delivery Impact: The sewer mains proposed to be replaced with this project are high on the Wastewater Division's priority list for replacement and their replacement will reduce the amount of infiltration in the collection system. B. Fiscal Impact Project Costs Base Bid Amount (Sites 4,5,7 & 8)......................................................$101,965.00 Bid Alternate #1 (Site 6).........................................................................$49.061.00 Total Bid Amount.................................................................................$151,026.00 Engineer's Estimate (Sites 4 — 8).........................................................$166,895.00 Project Funding Sewer Line Replacements Budget (3590-95000) .................................$200,000.00 Funding.................................................................................................$200,000.00 Page 2of3 V. ALTERNATIVES A. The City could defer the replacement of the sewer line. A camera inspection of the sewer line identified multiple problems within these sections of pipe. This alternative would allow the identified problems to worsen over time and decrease the efficiency of the sewer conveyance system. Deferring the replacements could also result in an increase in cost should the sewer lines fail and require emergency repair. B. The City could utilize another pipe replacement method such as excavation and replacement. This alternative would require the asphalt and subsurface to be excavated and replaced upon completion of the new pipe installation. Open trench construction methods will be more costly and take more time to complete. VI. LIST OF ATTACHMENTS 1. Agreement for Independent Contractor Services 2. Purchase Order Requisition 3. Engineering Construction Cost Estimate 4. Bid Tabulation Spreadsheet Approved for Council Agenda: / < arr n Stewarf4,Engineering Manager Date Page 3 of 3 F !o F- CL z Q mW Z (M co CL Qco wG 0 O co w 00 OD i � Q Nt CN .� Ct Q W W t W H LL 0LM IL U c Z Q W cn 0 L U) 0 U E V I.L. c � _J L O 0 L CO O U o .. cLU co� Q.U')Q Z aMo� x0 "a c Cf) LU O :t_ Ua0.�� a 0 w COw � p 0 Z w c a: CL CL 11111111111111111111 0 LL 'a�ll"II'll'll'll'll' �IIII�'ll'll'll'll'll o' a. U D m 7 2 Q 'III'IIIIII'I'll'lII • • J Mayor Tammy de Weerd City Council Members: Keith Bird (Ei . . . . . . -1 IAN;-Brad Hoaglun :;T;. Charles Rountree : ::. David Zaremba PURCHASING DEPARTMENT CONDITIONAL NOTICE OF AWARD April 11, 2011 Cascade Pipeline Corp John McNatt P 0 Box 1135 Meridian, ID 83642 RE: Sewer Main Replacements - Sites 4 -8 (Construction) PW -11-10193.0 Dear Mr. McNatt: The City of Meridian is issuing this Conditional Notice of Award for Sewer Main Replacements Sites 4-8 (Construction) to be located on Carlton/State in Meridian, ID. Please sign and return the enclosed Agreement along with the required Payment and Performance Bonds, and properly endorsed Insurance Certificates to the City of Meridian Purchasing Dept, 33 E Broadway Ave, Ste 106, Meridian, ID 83642 within seven (7) days or sooner. It is anticipated that the enclosed contract will be approved at the City Council Meeting on Tuesday, April 19, 2011 provided the City is in receipt of the above mentioned documents. Once approved by the Council, the City will execute the Agreement and return a copy along with a Notice of Award and signed Purchase Order. Please contact the Project Manager, .John Boyd, at 483-0364 for further information or directions Please feel free to contact me if you have any questions. Enclosure Purchasing Department • 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-489-0416 • Fax 208-887-4813 a www.merldiancity.org AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES Sewer Main Replacements Sites 4 - 8 (Construction) Project No, 10193.0 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this day of, 2011, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Cascade Pipeline Corp,, hereinafter referred to as "CONTRACTOR", whose business address is P O Box 1135, Meridian,, ID 83680 and whose Public Works Contractor License # is C -13771 -AAA -1-2. INTRODUCTION Whereas, the City has a need for services involving Sewer Main Reglaceme ts; Sites 4 -- 8 (Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. Sewer Main Replacement Sites 4 - 8 Construction page 1 of 12 Project 10193C „100� 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as .� provided in Attachment B "Payment Schedule” attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $1519026.00. .-po"4N, 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, 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. Sewer Main Replacement Sites 4 - 8 Construction page 2 of 12 Project 10193C 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work (b) September 30, 2011 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement g Bement or materially breach any of its provisions, City, at City's option, may Y p y terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or an art of the compensationY p set forth �n Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this . Y s Agreement if the failure is not remedied by the City within thin(30)from Y days y the i date payment s due. 3.4 This Agreement shall terminate automatically on the occurrence . Y cu ence of any of the following events: a) Bankruptcy of insolvency of either party; b Sale of Contractor's } os business; or c) Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED 1�mmwmn� DAMAGES Upon receipt of Notice to Proceed, the Contractor shall have 90(ninety). calendar days to complete the entire project as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 Ithree hundred . dollars per- calendar day. Y Such payment shall be construed to be liquidated damages b the g Y Contractor in lieu of any claim or damage because of such dela and y not be construed as a penalty. 4. Termination: 4.1 If, through employees, or any cause, CONTRACTOR, its officers, em to p Y agents fads 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 an other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before Y the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. Sewer Main Replacement Sites 4 - 8 Construction page 3 of 12 Project 10193C -000 `` In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, Sewer Main Replacement Sites 4 - 8 Construction page 4 of 12 Project 10193C or in connection with the performance of this Agreement b the CONTRACTOR, its servants a y gents, officers, employees, guests, and business invitees, and not caused arising . by or arising out of the tortuous conduct of CITY or its employees. CONTRACT OR shall maintain and ecificall a rees that it will maintain throu hout the term ' e m of this A reement liabilit insurance in which the CITY shall b • • • e named an additional insured in the Minimum amounts as follow: General Liability One Milli on Dollars ($1,000,000) per incident or occurrence,• • Automobile Liability Insurance One Million Dollars ($1,000,000 er in '.} p cadent or occurrence and Work r Compensation Insurance, in the statutory e s . tory limits as required by law.. The limas of insurance shall not be deemed' a limitation of the covenants to indemnify and save and hold harmless CI • TY, and if CITY becomes Fable for an amount in excess of the insurancelimits, emits, herein provided, CONTRACTOR covenants and agrees t ' g o indemnify and save and hold harmless CITY from and for all such losses, clams, actions, or judgments for damages or injury to persons or property • litigation p, p Y and other costs, including t gation costs and attorneys fees, arising out f • conn g 0 ,resulting from , or �n connection with the performance of this Agreement ' by the Contractor or Contractors officers, employs, agents, representatives es or subcontractorsand resulting in or attributable to personal injury, death, or damage or destruction � to tangible or intangible property, includingf • • use ° ' CONTRACTOR shall provide CITY with a Certificate of Insurance, other proof of insurance evidencing or 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 C • Contractor begins performance of it's obligations under this Agreement. g ent. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit roof of � ately p compliance with the changed limits. Evidence of all insurance shall be submitted to the Cit Purchasing ' .. Y g Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, n Meridian, ue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention or named insureds must i be declared n writing and approvedb the Cit A • Y y. t 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,ca h or letter of credit guaranteeing payment of losses and related e ated investigations, claim administration and defense expenses. p ses. 6.3 To the extent of the indemnity in this contract r Con ' tactor s Insurance coverage shall be primary insurance regarding ' g g the City's elected officers, officials, employees and volunteers. An insurance surance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Co ntracto r s insurance and shall not contribute with Contractor's insurance except as City's to the extent of Ci 's p Sewer Main Replacement Sites 4 - 8 Construction Project 10193C page 5 of 12 6.4 The Contractor's s insurance shall apply separately to each insured against whom claim is made or suit is brought, with , , g � exce t p t respect to the limits of the insurers liability. 6.5 All insurance coverages for subcontractors shall ' . be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limitliability the I�ab�l�ty of the Contractor and Contractor's agents, representatives, or subcontractors. p 7. Bonds: Payment and Performance Bonds are required ' q ed on all Public Works Improvement Projects, 8. Notices: Any and all notices required to be given b either ' . g y ter of the partes hereto, unless otherwise stated in this agreement, shall bei writing n writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Cascade Pipeline Corp Attn: John McNatt P O Box 1135 Meridian, ID 83680 208-895-0288 cascader)iDeline@qL.com Idaho Public Works License #: C -13771 -AAA -1-2 Either party may change their address for the purpose of thisparagraph .. p p by giving written nonce of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between thearties hereto n p concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that ,..� time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to time) perform n timely any Sewer Main Replacement Sites 4 - 8 Construction page 6 of 12 Project 10193C of the obligations hereunder• shall constitute a breach of, and a default under, this Agreement by theart failing p Y so g to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have• the right to assign, transfer, hypothecate or sell any of its rights under this s Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: Inerformi p ng the Work required herein, CONTRACTOR shall not unlawfully discriminate in vi olation of any federal, state or local law, rule or regulation against , any person on the basis of race, color, religion, sex, national origin or an disability. g ancestry, age or Y 13. Reports and information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements records, reports, data and information as the CITY may request pertaining to matters covered by thisAgreement. 13.2 Contractor shall maintain all writings, documents 9 , and records prepared or compiled in connection with the performance ' � Agreement p of this g eement for a minimum of four (4) years from the terminate completion of this or A on or com p Agreement. This includes any handwriting, ri nti n h g' typewriting, g printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or including ncluding letters, words, pictures, sounds ors symbols combination thereof. Y s or any 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall b rY a made available to the CITY for examination all of CONTRACTOR'S records o ds with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from p p such records, and to make audits of all contracts, invoices materials, records of � a s, payrolls, personnel, conditions of employment and other data relatingto y Agreement. all matters covered b this A . 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject ' theJ to copyright �n United States or �n any other country. The CITY shall ry have unrestricted authority to publish, disclose and otherwise use in whole or in part, any reports, data or other materials prepared under this Agreement. g eement. 16. Compliance with Laws: In performingthe of scope p work required hereunder, CONTRACTOR shall comply with all applicable laws, ' ordinances and codes of Federal, State, and local governments. Sewer Main Replacement Sites 4 - 8 Construction Project 10193C page 7 of 12 �`'` 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be g • performed hereunder. Such changes, including an increase or decrease ,g 9 y in the amount of CONTRACTORS compensation, agreed p ' which are mutually g d upon by and between the CITY and CONTRACTOR, shall be incorporated in written • P amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If an a Y y part of this Agreement �• s held to invalid nvalid or unenforceable, such holding will no • . , g t affect the validity or enforceability of any other part of this Agreement s • g o long as the remainder • of the Agreement �s reasonably completion. ca able of p 19. Waiver of Default: Waiver of default b either • h y e party to this Agreement shall not be deemed to be waiver of an subsequent .. Y q default. Waiver or breach of any provision of this Agreement shall not of be deemed to be a waiver of any other or subsequent breach, and shall not be e construed to be a modification on of the terms of this Agreement unless this Agreement ismodified as provided above. 20. Advice of Attorney: Each party warrants and represents that • n executing this Agreement. It has received independent le . p gal advice from its attorneys or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the enure agreement of the parties and supersedes any and all other agreements or g understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order orrecedence shall all be the contract agreement, the Invitation for Bid document, then the winningbidders submitted bid document. e s 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Sewer Main Replacement Sites 4 - 8 Construction Project 10193C page 8 of 12 CITY OF MERIDIAN BY: TAMMY d ERD, MAYOR Dated:_„ Approved by Council:��g CASC INE Y: J McNatt Dated: ,�ti�lliit:ri.'j��, Attest: y�.'```` C� M00, tin t ', r. rr A CE . HOLMAN, CITY CLE SEAL nx r � r►, r. 1*0. O Approved as to Content BY: ✓ . KEITH ATTS, PURC SING AGENT Dated: Approved as to Form CITY ATTORNEY Sewer Main Replacement Sites 4 - 8 Construction Project 10193C Department pprovai BY: NAME: Z -t --•-- TITLE: R Dated: � page 9 of 12 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -11-10193.0 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1 1-1 01 93.C, are by this reference made a part hereof. Sewer Main Replacement Sites 4 - 8 Construction Project 10193C page 10 of 12 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed ed $151,026.00. Contract includes furnishing all labor, materials, equipment, and incidentals as required for the SEWER MAIN REPLACEMENTS, SITES 4,5 AND 8er IFB PW -11-101 p 93.0 Total Bid Schedule A (Sites 4,5 & 8) ...................$70,185.00 Total Bid Schedule B (Site 'x ...................$31,780.00 Total Bid Additive Alternate 1 (Site 6) ................ 9 061.00 CONTRACT TOTAL.......................$451sQ2100 ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY. Item No. Item Description Unit Unit Price 2010.4.1.A.1. MOBILIZATION LS $4,000.00 SP-ia REPLACE EXISTING 8"0 SEWER MAIN LF $36.00 SP -1b REPLACE EXISTING 10110 SEWER MAIN LF $45.00 SP -2a CCTV INSPECTION AND CLEANING (PRE - REPLACEMENT) �F $1.00 SP -2b CCTV INSPECTION AND CLEANING (POST- REPLACEMENT) �F $1.00 SP -3 REMOVE AND REPLACE EXISTING MANHOLE EA $2,300.00 SP -4 SEWER SERVICE LINE RECONNECTION :;EA $450.00 SP -5 ENT SPOT REPAIRS (NOT SHOWN ON PANS � LF $33.00 SP -6 SEWAGE BY-PASS PUMPING LS $1,080.00 SP -7 NIGHTTIME WORK —SITE #8 LS $1.00 SP -8 TRAFFIC CONTROL LS $1,800.00 SP -9 WATER POLLUTION CONTROL LS $1,500.00 Sewer Main Replacement Sites 4 - 8 Construction e 11 of 12 Project 10193C page .� Item No. 0 Item Description 1 Unit Unit Price 502.4.1.F.1. 2010.4.1.A.1. CONNECT PIPE TO EXISTING MANHOLE MOBILIZATION EA LS $250.00 $1,900-00 SP -1 REPLACE EXISTING SEWER MAIN LF- $69.00 REPLACE EXISTING CCTV INSPECTION AND _CLEANING (POST- REPLACEMENT)SP-2 LF $1.00 SP -3 REMOVE AND REPLACE EXISTING MANHOLE EA $2,100-00 SP -4 SEWER SERVICE LINE RECONNECTION _EA $180.00 SP -6 SP -8 SEWAGE BY-PASS PUMPING TRAFFIC CONTROL LS LS CCTV INSPECTION AND CLEANING (POST- $960.00 $1,200.00 SP -9 WATER POLLUTION CONTROLI LS - $480.00 Item No. Item Description Unit Unit Price 2010.4.1-A.I. MOBILIZATION LS $27300.00 SP -1 REPLACE EXISTING SEWER MAIN LF $52.00 SP -2a CCTV INSPECTION —AND CLEANING (PRE- REPLACEMENI7 LF $1.00 SP -2b CCTV INSPECTION AND CLEANING (POST- REPLACEMENT) LF $1.00 SP -3 REMOVE AND REPLACE mmwwmw EXISTING MANHOLE EA $2,800.00 SP -4 SEWER SERVICE LINE RECONNECTION EA $17055.00 SP -5 ALIGNMENT SPOT REPAIRS (NOT SHOWN ON PLANS) LF $46.00 SP -6 SEWAGE BYPASS PUMPING LS $500000 SP -7 NIGHTTIME WORK- SITE #6 LS $4,200.00' SP -8 TRAFFIC CONTROL LS $19200.00 SP -9 WATER POLLUTION CONTROL LS - $480.00 Travel expenses will be paid it -n---omore Expense Reimbursement Policy, than the City of Meridian's Travel and Sewer Main Replacement Sites 4 - 8 Construction page 12 of 12 Project 10193C Meridian City Council Meeting DATE: April 26, 2611 ITEM NUMBER: 5H �� ■■�I�� ■ ��AA•� ■�■� I�� ■ I■ �l�I A•��I I ISI■�Il�I ISI PROJECT NUMBER: ITEM TITLE: Personal Services Agreement between the City of Meridian and Jeanette Light to perform services for the City of Meridian Wellness Program. MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 4qla `1 � � OyAq k nit) exp E- Cop,-) maned ptv PeLge- � ' V/ � AGREEMENT FOR ZUMBA CLASSES 0 7AVt S AGREEMENT FOR ZUMBA CLASS SERVICES is made this 14:"' day ofC., , 2011, and entered into by and between the City of Meridian a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and JEANETTE LIGHT, hereinafter referred to as "CONSULTANT", whose business address is 4973 W Talamore Dr., Meridian, ID 83646. INTRODUCTION WHEREAS, the City has a need for services involving Zumba Classes; and WHEREAS, the Consultant 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 Services: 1.1 CONSULTANT 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 comply in all respects, as specified below and in Exhibit A: ZUMBA CLASSES 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; 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. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform work in accordance with generally accepted industry standards and practices for thep rofession or Page 1 of 5 „�--•, professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. 2. Consideration: The Consultant shall be compensated on a time and Materials basis as provided in "Exhibit A” below, for full and complete compensation under this agreement. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, September 30, 2011 or 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) bankrupts or iy insolvency of ether party, or (b) sale of Consultants business. 4. Independent Contractor: In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. 5. Notices: An n • Any and all notices required to be given by ether 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 Human Resources 33 E. Broadway Avenue Meridian, Idaho 83642 JEANETTE LIGHT 4973 W Talamore Dr Meridian, ID 83646 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. 6. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of Competent jurisdiction. This provision shall be deemed to Page 2 of 5 be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 7. 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. 8. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT 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. 9. Discrimination Prohibited: In performing the Services required herein, CONSULTANT 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. 10. Reports and Information: 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. 11. 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. 12. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 13. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 14. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, Page 3of5 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 CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 15. 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. 16. Advice of Attorney: Each party warrants and represents that in executing this Agreement, it has received independent legal advice from it's attorney's or the opportunity to seek such advice. 17. 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. 18. 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. Page 4 of 5 19. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de RD, MAYOR CONSULTANT Jeanette Light Attest: MQ rFoo 00, .+-. • .,� . JAYC I HOLMAN CITY tLEK 13EAL T w Ile \,� OUNTN( , Approved as to Form CITY ATTORNEY Page 5of5 EXHIBIT A SCOPE OF SERVICES Duties: Zumba Class Instructor to perform duties one day per week, Friday, unless otherwise specified and mutually agreed upon by both parties. Classes to begin at 12:05 p.m. Zumba Class Instructor to provide any necessary props. Zumba Class to be one hour sessions and offered at a minimum of one dayp er week. Zumba Class Instructor duties to be performed on the TdFloor of Meridian City Hall in Room # 306, unless otherwise mutually agreed upon by both parties. Compensation: $5.00 per person per class. Instructor has the right to terminate class if student participation falls below 6 students/participants. Exhibit A Meridian City Council Meeting DATE: April 26, 2011 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: New Beer, Wine and Liquor License for McTime Coffeehouse Inc. dba It's All About You Catering (The Grotto) located at 112 E. Idaho Ave MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 26, 2011 ITEM NUMBER• -0 -5J PROJECT NUMBER: ITEM TITLE: Approval of Beer,, Wine Liquor License Renewals for 2011-2012 as follows: Pier 49 Pizza Mave(ik Store #233 Maveriik Store #343 Legacy Feed and Fuel Ginos Italian Ristorante &Bar Whitewater Pizza & Pasta Don Diegos Shari's of -Meridian #206 Bill & Lynns Place Jakers, of Meridian Rick's Press Room Dickey's BBQ Pit Fusion Asian Grill White Water Saloon Rudys Pub & Grill 4665 E. Overland Rd. 1605 Cherry Lane 1545 Overland Rd. 3100 S. Meridian Rd. 3015 W. McMillan Rd. # 108 1510 N. Eagle Rd. 2951 E. Overland Rd. # 190 895 S. Progress 229 W. Franklin Rd. 3268 E. Pine St. 130 E. Idaho Ave. 2845 E. Overland Rd. # 150 3161 E. Fairview Ave. 1646 N. Meridian Rd. 2310 Overland Rd. MEETING NOTES 111��Jjj CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES Beer, Wine & Liquor License Renewals for 2011-2012 Approval by City Council on April 26th, 2011 DBA LOCATION B /W/L Pier 49 Pizza Maverik Store #233 Maverik Store #343 Legacy Feed and Fuel Ginos Italian Ristorante & Bar Whitewater Pizza & Pasta Don Diegos Shari's of Meridian #206 Bill & Lynns Place Jakers of Meridian Rudys Pub & Grill 4665 E. Overland Rd. Rest B/W 1605 Cherry Lane B/W 1545 Overland Rd. B/W 3100 S. Meridian Rd. B/W 3015 W. McMillan Rd. #108 Rest B/W/L 1510 N. Eagle Rd. Rest B/W 2951 E. Overland Rd. #190 Rest B/W 895 S. Progress Rest B/W 229 W. Franklin Rd. B/W/L 3268 E. Pine St. Rest B/W/L 2310 Overland Rd. Rest B/W/L Meridian City Council Meeting DATE: April 26, 2011 ITEM NUMBERaN 6A PROJECT NUMBER: ITEM TITLE: Continued from April 19, 2011: Presentation of the Environmental Excellence Award to Citi Cards by the City of Meridian and Public Works Employee Recognition MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIA IDAHO NEWS RELEASE April 15, 2011 For Additional Information: Robert Simison, Meridian Mayor's Office (208) 888-4433 City of Meridian Awards Citi Cards with Environmental Excellence Award Meridian, ID — (April 15, 2011) Mayor Tammy de Weerd will present the City of Meridian's Environmental Excellence Award to Citi Cards call center facility for their outstanding efforts in energy conservation, water quality protection, waste reduction and recycling. Mayor Tamm notes, This Award also recognizes the manner in which Citi Cards accomplished these efforts — through successful collaboration between their facility's Management Company, Idaho Power and city staff". "Citi Cards really took a systems approach to achieve cost savings in an environmentally friendly way", state Mollie Mangerich Environmental Division Manager. From replacing a failing grease interceptor to optimizing their building's ability to operate at maximum efficiency, they have improved the quality of their process wastewater and also realized an annual saving of 2.5 Million kWh's per year from Idaho Power's grid", continues Mangerich. Mayor de Weerd and the Meridian City Council congratulate Citi Cards for demonstrating innovative strategies within the workplace that provide a welcoming, comfortable work environment, while sustaining significant cost efficiencies and simultaneously having a positive effect on our environment. The City of Meridian is located at the center of the Treasure Valley in southwest Idaho, minutes from the State Capitol. Founded in 1893 and incorporated as a city in 1903, Meridian is now one of Idaho's largest and fastest growing communities. As the home to many young families, Meridian is a vibrant community whose mission is to be a premier city to live, work and raise a family and was selected in 2010 by Family Circle Magazine as one of their Top 10 Best Cities for Families, by Money Magazine as one of its 100 Best Places to Live, and by America's Promise Alliance and ING as one of the nation's 100 Best Communities for Young People For more information about Meridian, visit www. meridiancit�. rte. Suggested Award Process Target date: Tuesday, April 19 7:00 p.m. There are two physical awards. One Award to (a) Citi Cards and another Award to (b) Richard (Rick) Briggs, Chief Engineer, Jones La Salle (Citi's facility management company). Reason: the collaborative efforts between these entities in achieving their significant results (cost - savings and environmental). I'll have the 2 awards located at side bar where PW, Planning Director's sit. I'll have a framed certificate for Randy Elliott, Pretreatment Inspector at the podium. Mayor's introduces the Meridian Environmental Excellence Award. Mayor invites representatives from Citi Cards and Jones La Salle (Rick Briggs) to the podium. Mayor highlights their efforts, walks down to Podium &presents the Awards (I will hand her the awards). - First Award to Citi Cards - Second Award to Rick Briggs Citi representative may want to say something. Rick Briggs may want to say something. Mayor could then speak toward me about our staff person's exceptional effort as well, Randy Elliott — Pretreatment Inspector. I'll call up Randy and give him the framed Certificate of Appreciation. (The Mayor could have signed that Certificate in advance —but that is up to her.) Randy and I sit down. Photos? I don't know if you do that at these functions. rdi-R, 92 Meridian City Council Meeting DATE: April 26, 2011 ITEM NUMBER: 7A ITEM TITLE: MYAC Update PROJECT NUMBER: MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting 771 DATE: April 26,_2011 ITEM TITLE: q ITEM NUMBER: kB PROJECT NUMBER: Meridian Development Corporation (MDC): Expansion Request Discussion MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mayor of Meridian City Council 33 E. Broadway, Ste. 300 Meridian, ID 83642 Re: Expansion request for MDC Board of Commissioners Dear Mayor deWeerd and City Council, As you well know the seven member board of commissioners for the Meridian Urban. Renewal District has over the past nine years worked diligently to advance the urban renewal cause for downtown Meridian, and. had done so with growing success. In order to further those efforts., and in order to improve upon the utilization of our diverse talents in an of and productive manner, our Board at their April 13, 2011 public meeting unanimously concluded that an expansion of our board from 7 to 9 members., as permitted by our By -Laws and Idaho Code §50-2006 (attached), would be appropriate. Please accept this letter as our Board's formal request that the Mayor and city of Meridian take the appropriate action by June 1, 2011 to expand our board and a' t, with city council, two additional members to join our ppom th. the consent of c*t dedicatedpublic servants. We appreciate your consideration of this request and please do not hesitate to contact me should you have any questions or need anything further from MDC on this matter. Sincerely, ?-lie Chairman Meridian Development Corporation Statutes Page 1. of 2 Idaho Statutes TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 20 URBAN RENEWAL LAW 50-2006. URBAN RENEWAL AGENCY . ( a ) There is hereby created in each municipality an independent public body corporate and politic to be known as the "urban renewal agency" for the municipality; provided, that such agency shall not transact any business or exercise its powers hereunder until or unless the local governing body has made the findings prescribed in section 50-2005, Idaho Code. (b) Upon the local governing body making such findings, the urban renewal agency is authorized to transact the business and exercise the powers hereunder by a board of commissioners to be appointed or designated as follows: -1k (1) The mayorr, by and with the advice and consent of the local governing body, shall appoint a board of commiss]-oners of the urban renewal agency which shall consist of not less than three (3) commissioners nor more than nine (9) commissioners. In the order of appointment, the mayor shall designate the number of commissioners to be appointed, and the term of each, provided that the original term of office of no more than two (2) commissioners shall expire in the same year. The commissioners shall serve for terms not to exceed five (5) years, from the date of appointment, except that all vacancies shall be filled for the unexpired term. For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed only after a hearing and after he shall have been given a. copy of the charges at least ten (10) days prior to such hearings and have had an opportunity to be heard in person or by counsel. (2) By enactment of an ordinance, the local governing body may appoint int and designate itself to be the board of commissioners of the urban renewal agency, in which case all the rights, powers, duties, privileges and immunities vested by the urban renewal law of 1965, and as amended, in an appointed board of commissioners, shall be vested in the local governing body, who shall, in all respects when acting as an urban renewal agency, be acting as an arm of state government, entirely separate and distinct from the municipality, to achieve, per form and accomplish the public purposes prescribed and provided by said urban renewal law of 1965, and as amended. (3) By enactment of an ordinance, the local governing body may terminate the appointed board of commissioners and thereby appoint and designate itself as the board of commissioners of the urban renewal agency. (c) A commissioner shall receive no compensation for his services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. Each commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment- of any commissioner shall be filed with the clerk of the municipality and such certificate shall be http://`".rww.legislature.*Idaho.gov/idstat/TI'tle5OlT50CH20SECT50-2006PrinterFriendly.htm 4/21/2011 Statutes Page 2 of 2 conclusive evidence or f the due and proper appointment of such 4 4 Ir^ cUILULL Z) 0 %J " V-- 9 The powers of an urban renewal agency shall be exercised by the commissioners thereof. A majority of the commissioners shall constitute a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action may be taken by the agency upon a vote of a majority of the commissioners present, unless in any case the bylaws shall require a larger number. The mayor may appoint a chairman, a cochairman, or a vice chairman for a term of office of one (1) year from among the commissioners, thereafter the commiss 'loners shall elect the chairman, cochairman or vice chairman for a term of one (1) year from among their mmemberse An agency may employ an executive directorr, technical, experts. and such other agents and employees, permanent and temporary,. as it. may require, and determine thei--L-.- qualifications, duties and compensation. For such legal service as it may require, an agency may employ or retain its own counsel and legal staff. An agency authorized to transact business and exercise powers under this chapter shall file, with the localgoverning body, on or before March 31 of each year a report of its activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets., liabilities, income and operating expense as of the end of such calendar year. At the time o f filing the report, the agency shall publish in a newspaper of general circulation in the community a notice to the effect that such report has been filed with the municipality and that the report is available for inspection during business hours in the office of the city clerk or county recorder and in the office of the agency. (d) An urban renewal agency sLhali have the same fiscal year as a. municipality and shall be subject to the same audit requirements as a municipal 1`L -.y. An urban renewal agency shall be required to prepare and file with its local governing body an annual financial report and shall prepare, approve and adopt an annual budget for -J'-:ill'ng with the local governing body, for informational. purposes. A budget means an annual estimate of revenues and expenses for the following fiscal year of the agency. (e) An urban renewal agency shall comply with the public records law pursuant to chapter 3, title 9., Idaho Code, open meetings law pursuant to chapter 23, title 67, Idaho Code, the ethics in government law pursuant to chapter title 59, Idaho Code, and the competitive bidding provisions of chapter 28,, title 67., Idaho Code. The Idaho Code is made available on the Internet by the Idaho Legislature as 4 public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. The Idaho Code is the property of the state q Idaho, and is copyrighted by Idaho law, L C. § 9 -350. According to Idaho law, attv person who reproduces or distributes the Idaho Codefi)r conimercial eemed to be an it?fringer qf the state ©f purposes in violation of the provisions of thtv statute shall be d Idaho's copyright. http-://www.legislature.*Idaho.gov/id-stat/T*Itle5O/T50CII20SECT50-2006Pr*mterFriendly-.htm 4/21/20-11 Meridian City Council Meeting DATE: April 26,2011 ITEM NUMBER: $ PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 26,2011 ITEM NUMBERWE 9A PROJECT NUMBER: MDA 11-003 ITEM TITLE: Meridian Vision Public Hearing Continued from April 19,2011: MDA 11-003 Meridian Vision by Kevin McElroy Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Amend the Existing Development Agreement (Instrument No. 107067262) to Include a New Site Plan and New Elevations MEETING NOTES F-�-'-�c z--- on 4v 517 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 26, 2011 ITEM NUMBER: 9B I��I 1 �I ■ ■ ISI ■��1�1�1�1��I��■1■ �■��1■��1�11��11 �� ■ I� PROJECT NUMBER: FP 11-002 ITEM TITLE: Barletta Subdivision FP 11-002 Barletta Subdivision by Russell Hunemiller Located on the Northeast West Side S. Ten Mile Road, Midway Between W. Tasa Drive and W. Overland Road Request: Final Plat Approval Consisting of Two (2) Building Lots and Two (2) Common Lots on Approximately 5.80 Acres of Land MEETING NOTES oy-&Cac on`fes S/l -J CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 26, 2011 ITEM NUMBER: 1 0A PROJECT NUMBER: ITEM TITLE: Mayor's Office and. Parks Department Joint Report: Future Events in Kleiner Park Discussion MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 of 4 Peggy Gardner From: DANIEL SAVINO [danielsavino_7@msn.com] Sent: Thursday, April 21, 2011 9:36 AM To: Peggy Gardner Subject: Re: aloha Mayor Hi Peggy,, Looks like everything will be fine for us to hold the event at Kleiner Park and be able to temporarily park our staff and cooker RVs there. Please let me know how soon you can get my team of 3 into your City Council meeting for a very brief (10 minutes) overview of what we're doing and to answers any questions anyone may have. We'll begin the paperwork trail soon now that the reservation dates have been taken care of by Colin at Parks & Rec. We are excited to bring this long term event to Meridian that will benefit charities, community and the many local Meridian businesses who will join us in this effort as sponsors and participants. Best regards, Dano Savino GOD BLESS ONE & ALL .... we're going to need it till the end of 2012 kids ! ! ----- Original Message ----- From: Peggv Gardner To: DANIEL SAVINO Cc: mavortammy Sent: Tuesday, April 19, 2011 1:37 PM Subject: RE: aloha Mayor Dano, After talking with Colin, it sounds like things are moving forward. We are very excited and welcome your event. Please let us know if there is any thing we can to do to help. When your dates are confirmed, I would like to get them on the Mayor's calendar. Thanks for thinking of Meridian; it is the best place to be! Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 East Broadway Avenue 4/21/2011 Page 2 of 4 Meridian, ID 83642 Phone 489-0529 From: DANIEL SAVINO [mailto:danielsavino-7@msn.com] Sent: Monday, April 18, 2011 10:22 PM To: Peggy Gardner Subject: Re: aloha Mayor thanks Peggy ... appreciate your speedy response. YES,, have met with Colin and appraised him of our needs to do this event. He was very helpful,, cordial, honest and informative. Even tho the event is 14 months away, its critical I secure a location very very soon. We started approaching Treasure Valley Citys and some State Parks back in early Feb. We've narrowed our search to 3 desireable places (cities). Boise,, Meridian & Nampa. Meridian is our 1st choice which is why we'd like to see if you can help us by the end of April, our deadline for a site. For the record Peggy we are looking fora "home" for this event for 5-10 yrs,,,or more. Having a 60 acre park will provide years of growth potential. Colin informed us of the parks inability to allow overnight stays. Our need is temporary (4 nights) and only for our COOKERS and some of my STAFF who stay to help the cookers and for security . No tents just RVs and they could be placed in the parking lot near their cooking set up for the contest, if need be. See, the cookers frequently stay up very very late or get up very very early to begin cooking. After 1OPM you will not hear a peep. They know that any loud noise, loud music or whatever after 1OPM will result in their expulsion from the contest. We are very serious about our on site rules. Colin said it would be mid-May before meetings would be held to address our overnight stay. I'd be pretty close to JUNE before I could begin our sponsorship sales, vendor booth sales, contacts/contracts with potential cookers state-wide and on the West Coast etc etc etc. Our previous 2 cookoffs had as many as 28 teams competing. If you could convene a conference call to speed up your process or 4/21/2011 Page 3 of 4 some other special City Council meeting we'd be happy to attend. By the end of April we'd like some sort of decision so we could move on to other cities who want this event OR use either Julius M Kleiner Park (our first choice) or Settlers. Please feel free to call my cell anytim ;1919-1134 r invite us to whatever meeting you need us to atten oma e this happen. I appreciate your time and attention to our needs and hope we can button this up by April 31st. Best regards, Dano Savino WARM SUMMER DAZE PROMOTIONS ----- Original Message ----- From: Peggy Gardner To: DANIEL SAVI N O Cc: mavortammy Sent: Monday, April 18, 2011 3:42 PM Subject: RE: aloha Mayor Dear Mr. Savino, Your email has been received by the Mayor's Office. I understand you might already be working with Colin in our Parks Department. Please let me gather some information and get back to you with some possible dates for a meeting. Thanks for your consideration. Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Phone 489-0529 From: DANIEL SAVINO [mailto:danielsavino-7@msn.com] Sent: Monday, April 18, 2011 12:40 PM Subject: aloha Mayor Good Afternoon Mayor., I'm Dano Savino with some information about a large event we'd like to move to Meridian in 2012. Previously, my partners and I staged a professional BBQ cookoff in Eagle in 2008 & 2009 at Guerber Park. They were highly successful from all points of view including city officials with record turnout, a hot air balloon launch,, live music and 4/21/2011 Page 4 of 4 much much more. Unfortunately, we outgrew the 8 plus useable acres and need a much bigger venue space for our 2012 event in June/July. I'm currently considering parks in Boise & Nampa. One of the stumbling blocks with Meridian Parks but not with Boise or Nampa as described by your parks and recs is overnight stays. We have professional cook teams from out of state who would need to keep their families right next to or near their cooking stations. No TENTS --- just 4 days of overnight RVs (maybe 10-15). This event drew 12,000 people+ in Eagle and a boon to business there. We offer $10K in cash, prizes and trophies for winners..As members of the Kansas City Barbeque Society (KCBs), we are one of 300+ events sanctioned by this the Worlds largest organization with 14.,000+ members. I'd like 15-20 minutes of your time Mayor this week if possible to discuss in person as I need to make a decision before the end of April as to what city gets this "GEM" of a promflon aptly called..... ...............IDAHOS BEST BBQ COOKOFF AND CHILIFEST, .. ..and YES,, its will attract 200+ vendors and local bbq restaurants & caterers to compete as well. Please advise on how soon we could meet you and we'll make the time. Appreciate your consideration Mayor DeWeerd, Best Regards, Dano Savino Owner/Operator 4/21/2011 The City of Meridian Is home for CITY OF CITY CLERKS OFFICE IDAHOS BEST BBQ COOKOFF & CHILIFEST 2012 Monumental effort and resources are needed to stage these professional BBQ cook -offs and as members of KCBS (Kansas City Barbeque Society) with 14,000 members in the worlds largest organized BBQ organization, your event here in Meridian will be sanctioned and given national prominence. $10,000 in Cash, Prizes, and Trophies will be awarded to attract some of the best nationally acclaimed BBQ cookers who will come from several states to compete with many of our local eateries undoubtedly participating. Our two previous Cookoffs had Applebees, Texas Roadhouse, Packer Backer BBQ, and many other local Idaho teams for a total of 28 contestants. Live Music, Charity benefits, Beer and Wine garden, and Retail vendors will fill the Park with many things to do for families in our community for three full days. Jim Monihan, with thirty years experience as a contest Rep and organizer,, will oversee the judging in Ribs, Chicken, Brisket, Pork, and Chili. Our Request. The City of Meridian helps defray some of our costs for city services such as Police, Fire., EMT, or refuse removal. In Exchange, the City of Meridian will be given major sponsorship recognition with Radio., TV., and Print support for up to one year !!! All Flyer and Advertising will show your support for your community herein Meridian. We envision hosting the event here for many years to come. Re: SIGNAGE We typically make 4x8 plywood signs (very professionally designed) in the form of sandwich boards. These heavy signs need to be up seven days before the events. Please tell us how to get our temporary sign permit that's vital to the events success, Best Regards Dano Savino Rob Badke Owners/Promoters Meridian City Council Meeting DATE: April 26,2011 ITEM NUMBER: 10B PROJECT NUMBER: ITEM TITLE: Legal Department: Update on House Bill 328, Which Will Require the City to Restructure the Clerk's Office and Police Department Fee Schedules Regarding Processing Public Records Requests MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS r0*0� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 LEGISLATURE OF THE STATE OF IDAHO Sixty-first Legislature First Regular Session - 2011 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 328 BY WAYS AND MEANS COMMITTEE AN ACT RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-337, IDAHO CODE, TO DEFINE A TERM AND TO REVISE A DEFINITION; AMENDING SECTION 9-338, IDAHO CODE, TO PROVIDE THAT PUBLIC AGENCIES AND INDEPENDENT PUBLIC BODIES CORPO- RATE AND POLITIC MAY IMPOSE CERTAIN REQUIREMENTS RELATING TO REQUESTS FOR PUBLIC RECORDS, TO PROVIDE THAT REQUESTS FOR PUBLIC RECORDS AND DELIVERY OF PUBLIC RECORDS MAY BE MADE BY ELECTRONIC MAIL, TO REVISE PROVISIONS RELATING TO INQUIRIES BY CUSTODIANS IN CONNECTION WITH REQUESTS FOR PUBLIC RECORDS, TO PROVIDE THAT PUBLIC AGENCIES OR IN- DEPENDENT PUBLIC BODIES CORPORATE AND POLITIC MAY PROVIDE REQUESTERS WITH CERTAIN INFORMATION, TO REMOVE REFERENCE TO CERTAIN DISCRETIONARY REQUIREMENTS ASSOCIATED WITH REQUESTS FOR PUBLIC RECORDS, TO REVISE FEE PROVISIONS ASSOCIATED WITH REQUESTS FOR PUBLIC RECORDS, TO REMOVE PROVISIONS RELATING TO ADVANCE PAYMENT OF COSTS OF COPYING, THE CREDIT- ING OF MONEYS RECEIVED TO CERTAIN ACCOUNTS AND THE EXPENDITURE OF SUCH FUNDS BY AN AGENCY, TO PROVIDE FOR THE PAY RATE OF FEES, TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES THERE SHALL BE NO COST OR FEE CHARGED FOR EXAMINATION OR COPYING OF PUBLIC RECORDS, TO PROVIDE THAT STATEMENTS OF FEES SHALL BE ITEMIZED, TO PROHIBIT LUMP SUM COSTS, TO PROVIDE FOR THE AGGREGATION OF RELATED REQUESTS UNDER CERTAIN CIRCUMSTANCES, TO PRO- VIDE FOR ADVANCE PAYMENT OF FEES, TO PROVIDE FOR THE CREDITING OF MONEYS RECEIVED TO CERTAIN ACCOUNTS AND TO PROVIDE FOR THE EXPENDITURE OF SUCH FUNDS BY AN AGENCY, TO PROVIDE FOR THE RETURN OF EXCESS ADVANCE PAYMENTS UNDER CERTAIN CIRCUMSTANCES AND TO REMOVE A PROVISION AUTHORIZING THAT REQUESTS FOR PUBLIC RECORDS AND DELIVERY OF PUBLIC RECORDS MAY BE CON- DUCTED BY ELECTRONIC MAIL; DECLARING AN EMERGENCY AND PROVIDING FOR APPLICABILITY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 9-337, Idaho Code, be, and the same is hereby amended to read as follows: 9-337. DEFINITIONS. As used in sections 9-337 through 9-347, Idaho Code: (1) "Applicant" means any person formally seeking a paid or volunteer position with a public agency. "Applicant" does not include any person seek- ing appointment to a position normally filled by election. (2) "Copy" means transcribing by handwriting, photocopying, duplicat- ing machine and reproducing by any other means so long as the public record is not altered or damaged. (3 ) "Custodian" means the person having personal custody and control of the public records in question. If no such designation is made by the pub- lic agency or independent public body corporate and politic, then custodian means any public official having custody of, control of, or authorized ac- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2 cess to public records and includes all delegates of such officials, employ- ees or representatives. (4 ) "Independent public body corporate and politic" means the Idaho housing and finance association as created in chapter 62, title 67, Idaho Code. (5 ) "Inspect" means the right to listen, view and make notes of public records as long as the public record is not altered or damaged. (6) "Investigatory record" means information with respect to an iden- tifiable person, group of persons or entities compiled by a public agency or independent public body corporate and politic pursuant to its statutory au- thority in the course of investigating a specific act, omission, failure to act, or other conduct over which the public agency or independent public body corporate and politic has regulatory authority or law enforcement author- ity. (7 ) "Law enforcement agency" means any state or local agency given law enforcement powers or which has authority to investigate, enforce, prose- cute or punish violations of state or federal criminal statutes, ordinances or regulations. (8 ) "Local agency" means a county, city, school district, municipal corporation, district, public health district, political subdivision, or any agency thereof, or any committee of a local agency, or any combination thereof. (9 ) "Person" means any natural person, corporation, partnership, firm, association, joint venture, state or local agency or any other recognized legal entity. (10 ) "Prisoner" means a person who has been convicted of a crime and is either incarcerated or on parole for that crime or who is being held in cus- tody for trial or sentencing. (11) "Public agency" means any state or local agency as defined in this section. (12 ) "Public official" means any state, county, local district, inde- pendent public body corporate and politic or governmental official or em- ployee, whether elected, appointed or hired. (13 ) "Public record" includes, but is not limited to, any writing con- taining information relating to the conduct or administration of the pub- lic's business prepared, owned, used or retained by any state agency, in- dependent public body corporate and politic or local agency regardless of physical form or characteristics. (14) "Requester" means the person requesting examination and/or copy- ing of public records pursuant to section 9-338, Idaho Code. (15 ) "State agency" means every state officer, department, division, bureau, commission and board or any committee of a state agency including those in the legislative or judicial branch, except the state militia and the Idaho state historical society library and archives. (1-&6) "Writing" includes, but is not limited to, handwriting, typewrit- ing, printing, photostating, photographing and every means of recording, including letters, words, pictures, sounds or symbols or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums or other documents. 3 I SECTION 2. That Section 9-338, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 9-338. PUBLIC RECORDS -- RIGHT TO EXAMINE. (1) Every person has a right 4 to examine and take a copy of any public record of this state and there is a 5 presumption that all public records in Idaho are open at all reasonable times 6 for inspection except as otherwise expressly provided by statute. 7 (2) The right to copy public records shall include the right to make 8 photographs or photographic or other copies while the records are in the pos- 9 session of the custodian of the records using equipment provided by the pub - 10 lic agency or independent public body corporate and politic or using equip - 11 ment designated by the custodian. 12 (3) Additionally, the custodian of any public record shall give the 13 person, on demand, a certified copy of it if the record is of a nature permit - 14 ting such copying or shall furnish reasonable opportunity to inspect or copy 15 such record. 16 (4) A public agency or independent public body corporate and politic 17 may require that a request for public records be submitted to it in a writ - 18 ing that provides the requester's name, mailing address, e-mail address and 19 telephone number. A request for public records and delivery of the public 20 records may be made by electronic mail. 21 (5) The custodian shall make no inquiry of any person who ap lies fe= ,,•• 22 requests a public record, except_ 23 (a) T -to verify the identity of a -L. a _^=rd the re - 24 quester in accordance with section 9-342, Idaho Code; ; or 25 (b) T -to ensure that the requested record or information will not be used 26 for purposes of a mailing or telephone list prohibited by section 9-348, 27 Idaho Code, or as otherwise provided by law, -t; or 28 (c) A -as required for purposes of protecting personal information from 29 disclosure under chapter 2, title 49, Idaho Code, and federal law. 30 31 . 32 (-56) The custodian shall not review, examine or scrutinize any copy, 33 photograph or memoranda in the possession of any such person and shall extend 34 to the person all reasonable comfort and facility for the full exercise of 35 the right granted under this act. 36 (47) Nothing herein contained shall prevent the custodian from main - 37 taining such vigilance as is required to prevent alteration of any public 38 record while it is being examined. 39 (q8) Examination of public records under the authority of this section 40 must be conducted during regular office or working hours unless the custo- 41 dian shall authorize examination of records in other than regular office or 42 working hours. In this event, the persons designated to represent the cus- 43 todian during such examination shall be entitled to reasonable compensation 44 to be paid to them by the public agency or independent public body corporate 45 and politic having custody of such records, out of funds provided in advance 46 by the person examining such records, at other than regular of f ice or working 47 hours. 48 (9) The public agency or independent public body corporate and politic �"'� 49 may provide the requester information to help the requester narrow the scope 4 1_. 1 of the request or to help the requester make the request more specific when 2 the response to the request is likely to be voluminous or require payment as 3 provided in section 9-338 (10) , Idaho Code. 4 (410) (a) 5 j • 6 7 8 9 ef :I-- h e p 1; b 1 i e Lc e ew PI -EieEi hewevizac &&at a Except 10 for fees that are authorized or prescribed under other provisions of 11 Idaho law_, no _fee shall be charged for the first two (2) hours of labor in 12 responding to a request for public records, or for copying the first one 13 hundred (100) pages of paper records that are requested. 14 (b) A public agency or independent public body corporate and politic 15 or public official may establish a fees to recover the actual labor and 16 copying costs associated with locating and copying documents if: 17 (i) The request is for more than one hundred (100) pages of paper 18 records; or 19 (ii) The request includes records from which nonpublic informa- 20 tion must be deleted; or 21 ( iii) The actual labor associated with leeat-.%IN L.... esepy; ng dee- 22 uments fer a requestresponding to requests for public records in ,•�•,,, 23 compliance with the provisions of this chapter exceeds two (2) 24 person hours. 25 (c) A public agency or independent public body corporate and politic or 26 public official may establish a copying fee schedule. The fee may not 27 exceed the actual cost to the agency of copying the record if another fee 28 is not otherwise provided by law. 29 (bd) For providing a duplicate of a computer tape, computer disc, mi - 30 crofilm or similar or analogous record system containing public record 31 information, a public agency or independent public body corporate and 32 politic or public official may charge a fee, uniform to all persons that 33 does not exceed the sum of the following: 34 (i) The agency's direct cost of copying the information in that 35 form; 36 (ii) The standard cost, if any, for selling the same information 37 in the form of a publication; 38 ( iii) The agency's cost of conversion, or the cost of conversion 39 charged by a third party, if the existing electronic record is con - 40 verted to another electronic form. 41yj • 42 43 44 ' 45 � �'+ c s hn -� .Y n ,., r c � -� s ,-, -� r �- n f Its -� p r r n,•, ,r i -� t i n ,.. f r n m t �+ -, �- fund. - %_A .6 46 (e) Fees shall not exceed reasonable labor costs necessarily incurred 47 in responding to a public records request. Fees, if charged, shall re - 48 flect the personnel and quantity of time that are reasonably necessary 49 to process a request. Fees for labor costs shall be charged at the per . 50 hour pay rate of the lowest paid administrative staff employee or pub- ,000� 1 lic official of the public agency or independent public body corporate 2 and politic who is necessary and qualified to process the request. If 3 a request requires redactions to be made by an attorney who is employed 4 by the public agency or independent public body corporate and politic, 5 the rate charged shall be no more than the per hour rate of the lowest 6 paid attorney within the public agency or independent public body cor- 7 porate and politic who is necessary and qualified to process the public 8 records request. If a request is submitted to a public agency or inde- 9 pendent public body corporate and politic that does not have an attorney 10 on staff, and requires redactions by an attorney, the rate shall be no 11 more than the usual and customary rate of the attorney who is retained by 12 the public agency or independent public body corporate and politic for 13 that purpose. 14 (ef) The public agency or independent public body corporate and politic 15 may shall not charge any cost or fee for copies or labor when the re- 16 quester demonstrates ,.;the that the requester's examination and/or 17 copying of public records: 18 (i) The !nab!! payi e-r- Is likely to contribute signifi- 19 cantly to the public's understanding of the operations or activ- 20 ities of the government; 21 (ii) 22 23 s e-:.K—fit-assessment eE ee-fie +- ; „n „ f an Is not p r ima r- 24 ily in the individual interest of the requester including, but not 25 limited to, the requester's interest in litigation in which the 26 requester is or may become a party; and 27 (iii) Will not occur if fees are charged because the requester has 28 insufficient financial resources to pay such fees. 29 ( Statements of fees by a public agency or independent public body 30 corporate and politic shall be itemized to show the per page costs for 31 copies, and hourly rates of employees and attorneys involved in re- 32 sponding to the request, and the actual time spent on the public records 33 request. No lump sum costs shall be assigned to any public records re- 34 quest. 35 (11) A requester may not file multiple requests for public records 36 solely to avoid payment of fees. When a public agency or independent public 37 body corporate and politic reasonably believes that one (1) or more re- 38 questers is segregating a request into a series of requests to avoid payment 39 of fees authorized pursuant to this section, the public agency or inde- 40 pendent public body corporate and politic may aggregate such requests and 41 charge the appropriate fees. The public agency or independent public body 42 corporate and politic may consider the time period in which the requests have 43 been made in its determination to aggregate the related requests. A public 44 agency or independent public body corporate and politic shall not aggregate 45 multiple requests on unrelated subjects from one (1) requester. 46 (12) The custodian may require advance payment of fees authorized by 47 this section. Any money received by the public agency or independent pub- 48 lic body corporate and politic shall be credited to the account for which 49 the expense being reimbursed was or will be charged, and such funds may be 50 expended by the agency as part of its appropriation from that fund. Any por- l0J 1 tion of an advance payment in excess of the actual costs of labor and copying 2 incurred by the agency in responding to the request shall be returned to the 3 requester. 4 (-913) A public agency or independent public body corporate and politic 5 shall not prevent the examination or copying of a public record by contract- s ing with a nongovernmental body to perform any of its duties or functions. 7 (1$4) Nothing contained herein shall prevent a public agency or inde- 8 pendent public body corporate and politic from disclosing statistical in - 9 formation that is descriptive of an identifiable person or persons, unless 10 prohibited by law. 11 (1-15) Nothing contained herein shall prevent a public agency or inde- 12 pendent public body corporate and politic from providing a copy of a public 13 record in electronic form if the record is available in electronic form and 14 if the person specifically requests an electronic copy. A=cq��-a pa 15' 16 17 SECTION 3. An emergency existing therefor, which emergency is hereby 18 declared to exist, this act shall be in full force and effect on and after its 19 passage and approval. The provisions of this act shall apply to all current, 20 ongoing and future public records requests. Meridian City Council Meeting DATE: April 26, 2011 ITEM NUMBER: 1 OC PROJECT NUMBER: ITEM TITLE: Clerks Office: Approval of Beer, Wine Liquor License Renewals for 2011-2012 as Follows: (Pending Ada County) The Busted Shovel Lakeview Golf Course Groove Coffee Muggsys Corkscrews Wine Shop &Pub Smashburger Vina Restaurant 704 Main St. 4200 W. Talamore 800 N. Locust Grove 501 S. Main St. 729 N. Main St. 3223 E. Louise Dr. # 100 1534 N. Main Street MEETING NOTES W( � CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Beer, Wine & Liquor License Renewals for 2011-2012 Approval by City Council on April 26th, 2011 DBA LOCATION The Busted Shovel 1/Lakeview Golf Course Groove Coffee V'Muggsys Corkscrews Wine Shop &Pub c,Y,ap,hhurger \11 t)av B/W/L 704 Main St. B/W/L 4200 W. Talamore Rest B/W/L 800 N. Locust Grove Rest B/W 501 S. Main St. Rest B/W/L 729 N. Main St. B/W 3223 E. Louise Dr. #100 Rest B/W Meridian City Council Meeting DATE: April 26, 2011 ITEM NUMBER: 11A PROJECT NUMBER: ITEM TITLE: Continued from April 19, 2011: Ordinance No. I j , jq g�;` : ZOA 11 -001 Unified Development Code (UDC) Text Amendment by the City of Meridian Planning Department Request: Amend the Text of Certain Sections of the UDC to Include General Clarifications/Clean-up Items MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 4 1Q7 — — %� `E-�e. �e e e �rc>t ems- " " 77;6 I:-V-a_ny CITY OF MERIDIAN ORDINANCE NO. I 1 .0 &a— BY THE CITY COUNCIL: BIRD, HOAGLUNI ROU NTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 11 OF THE MERIDIAN CITY CODE AS CODIFIED AT TITLE 119 ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning' ordinance for the City of Meridian and provides an opportunity to better su ort the C • pp omprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate ' rp changes to the Unified Development Code within the City of Meridian torovide for orderly y growth and development and to carry out the policies of Meridian's Comprehensive Plan' p , NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 11, Unified Development Code of the Meridian' City Code is amended to read as follows: 11-1A DEFINITIONS 11-1A-1 DEFINITIONS OF TERMS: Storage Facilities Outdoor: The use of a site where equipment, inventory, supplies, or other ry pp similar items are stored outside, including a building with a roof but without walls completely enclosing the building. Variance: A relief from certain �,n.1:nenf standards as ", set forth in section 11-513-413 of this title and as enabled b Idaho Code section 67-6516. y 1 11-2A I RESIDENTIAL DISTRICTS 11-2A-1 PURPOSE: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan.ien G, e Ing onvewaWtta .. %91%f %F1101 ant fec nil ner.9clant"21 diiests: Residential districts are distinguished by the allowable densityof dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the 0-T, TN -C, and TN -R districts as set forth in article D of this chapter. UDC TEXT AMENDMENT ORDINANCE — APRIL, 2011 -- ZOA 11-001 Clean-up/clarifications Variance applicability section only references certain development standards, not all standards. Clean-up: Not needed -11- 3A-21 C requires all development to connect to City water and sewer systems.) Page 1 of 6 7T7ftaSe ct on. .:. , Te - - 11 2A 2 Permitted uses and accessory uses in residential districts shall be reviewed ewed in ' Clarifies that homes are accord with chapter 3, "Regulations Applying To All Districts", chapter 4 "Specific Use " "Administration", p � p Standards", and chapter 5, Administration", of this title exce t reviewed e sewed as part of the buildingpermit p rmit process that sin le family detached h • y homes and secondary dwellings shall be reviewed in rather than a CZC. accord with the standards established in Title 10 Meridian Cit Code. An y person establishing,operating, p g, or carrying on a home occupation or family daycare in a residential district shall obtain an accessory permit prior to use p establishing,ry operating, or carrying on such use. Any person establishing, operating, or ca in on carrying any other permitted and/or accessory use in a residential district shall obtain a certificate of zoning compliance prior to establishing,p operating, or carrying on such use, except that single family detached homes and secondary dwellings shall not require certificate of zoning compliance and/or accessory use approval. Standards within this title related to such uses shall be reviewed in the course of the building permitrocess. It shall p be unlawful and a violation of the unified development code for any person to conduct in a residential district any permitted or accessory use unless such ry ch . _person first obtains each and eve a licable permit from the city. 11-2C INDUSTRIAL DISTRICTS 11-2C-2 ALLOWED USES: Allows for caretaker A. Permitted uses and accessory uses in industrial districts shall be reviewed in dwellings in industrial accord with chapter 3, "Regulations Applying To All Districts", chapter 4, districts. "Specific Use Stan "Administration", • p p dards , and chapter 5, of this tale. Any person establishing, operating or carrying on any permitted and/or accessory use in an industrial distri ct. including a single family detached dwelling used as,a caretaker dwell ng, shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. It shall be unlawful and a violation of the unified development code for any person to conduct in an industrial district any permitted or accessory use unless such person first obtains each and eve applicable permit from the c!y. 11-21) TRADITIONAL NEIGHBORHOOD DISTRICTS UDC TEXT AMENDMENT ORDINANCE — APRIL, 2011 — ZOA 11-001 Page g 2 of 6 11-2D-2 ALLOWED USES: A. Permitted uses and accessory uses in traditional neighborhood districts cts shall be reviewed in accord with chapter 3, "Regulations ApplyingTo All Districts" chapter 4 "Specific " "Administration", ' p p c Use Standards", and chapter 5, of this title except that single family detached homes and secondary dwellin s shall be reviewed in accord with the standards established in Title 10 Meridian City Code. Any person establishing, operating, or carrying on a home occupation orfamily daycare in a traditional neighborhood district shall obtain an accessory nor to establishing, o ry use permit p g, perating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a traditional neighborhood district shall obtain a certificate of zoning Dance prior to establishing, com p p g, operating, or carrying on such use, except that single family detached homes and secondary dwellings shall not require certificate g q ate of zoning compliance and/or accessory use approval. Standards within this title related to such uses shall be reviewed in the course of the building permit process. It shall be unlawful and a violation of the unified development code for any person to conduct in a traditional neighborhood district an g y permitted or accessory use unless such person first obtains each and every applicable permit from the city, 11-3A STANDARD REGULATIONS IN ALL DISTRICTS 11-3A-11 Outdoor Lighting: A.1. Light fixtures that have a maximum output of less than tIAr � one thousand eight hundred (2f&j&J00 lumens. C.4. • • &:1_ Light fixtures that have a maximum output of one thousand eight hundred g(1,800) lumens or more shall have an opaque top.. . 4.2. Light fixtures that have a maximum output of one thousand eight hundred g(1,800) lumens or more shall be placed such that the effective zone of light ... 9 Clarifies that homes are reviewed as part of the building permit process rather than a CZC. This is a more realistic standard since 1,800 lumens is closely equivalent to a 100 watt light bulb Re -number 11-313 LANDSCAPING REQUIREMENTS 1 3G COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS 11-3G-3 STANDARDS: Limits credit for street B. Qualified Open Space: The following may qualify to meet the common open buffers to the larger ones p required on arterial re space requirements: q 3. The full area of the landscape ,buffer area along collector streets mayroadways. As currently coup written it would allow t toward the fie- s -� required common open space fef local reaWantin, mi • R.S. and/or collector buffers to 4. Fiftv percent 150%) of the landscape buffer along arterial streets is A count as well. 'tan fa -At dol ;a , . a f AInna may count toward the required common open AYAAA ..M iw -CLL. _ l .1 . UDC TEXT AMENDMENT ORDINANCE — APRIL, 2011— ZOA 11-001 Page 3 of 6 Sectio t 11 -3H -4C Design and construction standards for state• highways. 3. Along State Highway 55, the applicant shall be responsible for const ' p ruct�ng a ten - foot (10) wide multiuse pathway with a public use easement and installing pedestrian lighting and landscaping consistent with the Ie Road corridor study. For uniformity in ltin levels and desi n Eghting alono the -t)athway shall meet the followin s ecifications: a. Post & luminaire: HistoricaltvDe Meridian _.�_r , City standard specifications, except height shall be fourteen feet (141. b. S acin : one 1 li ht Dole er nine -five linear feet 95' of street frontaae c. Light source: one hundred fifty(ILO waft high pressure sodium, photocell controlled d. 0 tics: shielded and Illuminatin En ineedn Socie g .._._g,_._. ty g NES) Type I I I with full cut-off optics e. Pathway !�Lhtinqshall not take the of re uired sa-place lighting at adiacent roadway i tersections. f. Other liohting o tions maybe aDDroved by the Director through the alternative compliance procedures set forth in chapter 5, "Administrationof this s title. 11-4-3 SPECIFIC USE STANDARDS 11-4-3-9 DAYCARE FACILITY: A. General standards for all child daycare y are and adult cane uses, including the classifications of daycare center; daycare, family; and daycare, group: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. In determining the type of daycare facility, the total number of clients cared for during the day including the operator's children, and not the number of clients at the facility at one time, is the determining factor. In Add specific standards for pathway lighting. Change is consistent with State licensing requirements 11-4-3-11 DRIVE-THROUGH ESTABLISHMENT: .. • The transportation authority • ' • • does not have jurisdiction 11-4-3-39 VEHICLE WASHING FACILITY: C. Any use that is not fully enclosed shall be located a minimum of one hundred feet (100) from any abutting residential district, and shall be limited in operating P 9 hours from six o'clock (6:00) A.M. to ten o'clock (4410:00) P.M. 11-4-3-43 WIRELESS COMMUNICATION FACILITY: C.2. Collocation of New Equipment: Collocation of new equipment on an existing tower or structure within any district shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation. 11-5A I Administration UDC TEXT AMENDMENT ORDINANCE -- APRIL, 2011 — ZOA 11-001 on Change is consistent w/hours of operation for businesses in the L-0 & C- N districts where operations are occurring outside an enclosed structure. Clean-up: Change is consistent with definition of "collocation" in UDC 11-1 A- 1. Page 4 of 6 11-5A-2 DECISION MAKING AUTHORITY AND PROCESS BY APPLICATION Clean-up/clarification (see Table Application Recommending'T Decision Processabove) Body Making Bodv Conditional Use PZ CC PH concurrent with _ annexation, rezone, weliminar_plat, an combinationMat Private Street None n e 11-513-5 Alternative Compliance Consistent w/change to 11- A. Applicability: 3H-4C.3c above TABLE 11-513-5 ALTERNATIVE COMPLIANCE Permit Section LightingUghting standards for pathway along -State Hi hway 55 11 -3H -4C.3 11-5B-8 ADMINISTRATIVE DESIGN REVIEW: Clarification B. Applicability: 1. Administrative design review shall be required for all new commercial, industrial, institutional, public or quasi -public development subject to conditional� use, certificate of zoning compliance and/or building permit approval, except development meeting one or both of the following standards shall be exempt: a. The structure and/or addition is fully screened from view from all abutting property lines; and/or b. The structure and/or addition is less than one hundred twenty (120) square feet in area and is not visible form a public street, private street, or abutting residence. c. No exterior improvements are proposed_ UDC TEXT AMENDMENT ORDINANCE - APRIL, 2011 — ZOA 11-001 Page 5 of 6 PASSED by the City Council of the City of Meridian, Idaho, this Z(O� day of OLJ— 2011. rNow,.aml lrt� APPROVED by the Mayor of the City of Meridian, Idaho, this � day of 2011. _ I 1 ••,'` { � � •rte* e * ,. T E WELERD, MAYOR ATTEST: ,�,.� a, `'':.gin• � •z rci t Rei tk; L. JAYC . H LMAN, CITY CLERK UDC TEXT AMENDMENT ORDINANCE — APRIL, 2011 — ZOA 11-001 Page 6 of 6 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO, 11- 1413 Z) AN ORDINANCE AMENDING TITLE 11 OF THE MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE, An Ordinance of the City of Meridian amending Title 11 of the Meridian City Code, codified at Title 11, the Unified Development Code, of the Meridian City Code. A full text of this ordinance is available for inspection t Hall, City of Meridian, 33 East Broadway Street, Meridian, Idaho. This O�dYi'` "'ome effective on the da of_ --� 2011. `-' °7► 'r rw '3T 00. f ' 1 t1( y of TQridian Cit and Mayor y y Council By: Jaycee L. Holman City Clerk First Reading 11 �' Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES X NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 11- 14�' 07 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. 11- of the Cit of Meridian Idaho and - y > 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 2011. OJI Z, William. L.M. Nary City Attorney ORDINANCE SUMMARY FOR UDC REVISIONS - APRIL, 2011 - PAGE 1 OF 1 Meridian City Council Meeting DATE: April 26, 2011 ITEM NUMBER: 12 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS