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2011-08-09
E IDIAN.. CITY COUNCIL WORKSHOP MEETING AGENDA Tuesday, August 09, 2011 at 6:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Approve Minutes of July 19, 2011 Pre -Council Meeting B. Approve Minutes of July 19, 2011 City Council Regular Meeting C. Approve Minutes of July 26, 2011 City Council Special Meeting D. Approve Minutes of July 26, 2011 City Council Regular Meeting E. Meridian School Resource Officer Agreement between the City of Meridian and Joint School District No. 2 F. Pedestrian Pathway Easement with Springcove Association, Inc. G. Recreational Pathway Easement with Danbury Fair Subdivision Homeowner's Association H. Award of Bid and Agreement for Sewer Main Replacement Site 9 - Construction to -Cascade Pipeline for a Not -to -Exceed Amount of $132,336.00 Meridian City Council Meeting Agenda — Tuesday, August 09, 2011 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. I. Award of Bid and Approval of Contract for "Well 10B Production Well -Construction" to Treasure Valley Drilling for a Not -To -Exceed amount of $199,560.00 J. Resolution No. 11-797: VAC 11-002 Jayker Right -of -Way (ROW) by SWG Brighton, LLC Located North Side of W. Greenspire Drive; Midway Between N. Tree Haven Way and N. Moon Drummer Way Request: Vacate a Portion of Right -of - Way (751 Square Feet) Platted with Jayker Subdivision No. 1 K. Award of RFP and Agreement to Lynda Friesz Public Relations for a "South Meridian City Service Delivery Outreach Program" for a Not -To -Exceed amount of $33,020.00 L. Order for Final Approval: FP 11-006 Spurwing Grove by SWG Brighton, LLC Located North Side of W. Greenspire Drive; Midway Between N. Tree Haven Way and N. Moon Drummer Way Request: Final Plat Approval for Three (3) Residential Building Lots and one (1) Common Lot on 0.80 Acres in an R-8 Zoning District 5. Items Moved From Consent Agenda 6. Department Reports A. Planning Department: Duane Drive Right -of -Way Vacation B. Legal Department: Boise City Attorney's Office Annual Contract Update and Discussion C. Building Services Division: Strategic Plan Update D. Planning Department: Fairview Avenue Access Management Plan - Review the Draft Plan for Fairview Avenue Including Future Driveway, Median, U -Turn Locations and Adoption Timeline E. Legal Department: Solid Waste Advisory Committee (SWAG) Recommendation on the Continuation of the Franchise Agreement with Sanitary Services Company (SSC) for FY2012 Approved SWAG Recommendation F. City Council: Discussion of Meeting Times for Future City Council Workshops Meridian City Council Meeting Agenda — Tuesday, August 09, 2011 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Fire Department: Introduction to Pipeline and Discussion of Action Plan 7. Ordinances A. Ordinance No. 11-1487: ZOA 11-002 Unified Development Code (UDC) Text Amendment by City of Meridian Public Works Department Request: Amend the Surety Section, UDC 11-5C to Include Clarifications, Increase Surety Amounts and to Provide for Bonds as a Form of Surety Approved B. Resolution No. 11-798: A Resolution of the Mayor and City Council of the City of Meridian Establishing the Amount of the Performance Surety for All Improvements Related to Public Infrastructure or Life Safety Approved 8. Future Meeting Topics Adjourned at 9:21 p.m. ?00� Meridian City Council Meeting Agenda — Tuesday, August 09, 2011 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian Citv Council Workshop Auaust 9. 2011 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, August 9, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Ted Baird, Jaycee Holman, Pete Friedman, Caleb Hood, Rich Dees, Michael de St. Germain, Perry Palmer, Bruce Freckleton, Robert Simison, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Good evening. Welcome to our Meridian City Council Workshop. For the record it is Tuesday, August 9, 2011. It is 6:00 p.m. We will start tonight's meeting with roll call. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the Pledge. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is the adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: On tonight's agenda just a couple items to note. Under the Consent Agenda, 44 that resolution number is 11-797. And under ordinances, 7-A is ordinance number 11-1487 and 7-B is resolution number 11-798. With those additions I move adoption of the agenda as printed. Rountree: Second. Meridian City Council Workshop August 9, 2011 Page 2 of 55 De Weerd: I have a motion and a second to adopt the agenda as that stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 4: Consent Agenda A. Approve Minutes of July 19, 2011 Pre -Council Meeting B. Approve Minutes of July 19, 2011 City Council Regular Meeting C. Approve Minutes of July 26, 2011 City Council Special Meeting D. Approve Minutes of July 26, 2011 City Council Regular Meeting E. Meridian School Resource Officer Agreement between the City of Meridian and Joint School District No. 2 F. Pedestrian Pathway Easement with Springcove Association, Inc. G. Recreational Pathway Easement with Danbury Fair Subdivision Homeowner's Association H. Award of Bid and Agreement for Sewer Main Replacement Site 9 - Construction to Cascade Pipeline for a Not -to -Exceed Amount of $132,336.00 Award of Bid and Approval of Contract for "Well 10B Production Well -Construction" to Treasure Valley Drilling for a Not -To -Exceed amount of $199,560.00 J. Resolution No. 11-797: VAC 11-002 Jayker Right -of -Way (ROW) by SWG Brighton, LLC Located North Side of W. Greenspire Drive; Midway Between N. Tree Haven Way and N. Moon Drummer Way Request: Vacate a Portion of Right -of - Way (751 Square Feet) Platted with Jayker Subdivision No. 1 K. Award of RFP and Agreement to Lynda Friesz Public Relations for a "South Meridian City Service Delivery Outreach Program" for a Not -To -Exceed amount of $33,020.00 L. Order for Final Approval: FP 11-006 Spurwing Grove by SWG Brighton, LLC Located North Side of W. Greenspire Drive; Midway Between N. Tree Haven Way and N. Moon Drummer Way Request: Final Plat Approval for Three (3) Residential Meridian City Council Workshop August 9, 2011 Page 3 of 55 Building Lots and one (1) Common Lot on 0.80 Acres in an R-8 Zoning District De Weerd: Item 4 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As noted 4-J is resolution number 11-797 and I move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk? Roll call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 6: Department Reports A. Planning Department: Duane Drive Right -of -Way Vacation De Weerd: So, we will move to Item 6, Department Reports, and start with our Planning Department. Friedman: Thank you, Madam Mayor, Members of the Council. About a week and a half ago the Mayor's office received a request from a resident who lives along Duane Drive, which is located north of Red Feather in the unincorporated portion of the county. They are in the process of preparing a vacation request to ACHD. Part of their application requires a letter of comment from the city. As you may know, last winter we had a medical emergency that required our fire department to respond and the most direct route was through Duane Drive. At that point the interface area where Duane Drive meets Red Feather was gated and locked and it took close to a minute for our emergency responders to get through there and get to the child that was choking. Subsequent to that, then, the ACHD commission met and ordered that that gate be opened, as well as they looked at some other public right of ways that were obstructed or gated throughout the county. So, at this point we have to prepare a letter of Meridian City Council Workshop August 9, 2011 Page 4 of 55 comment to ACHD and staff is seeking your direction. We do have a memorandum from both Chief Lavey and from Chief Niemeyer expressing their concerns about how any obstructions does create potential for emergency services to be delayed and, of course, any delay always has potential consequences for public health and safety. Gary Inselman from the district is here, if you have any questions about the vacation process you can direct them to him, but at this point we are simply requesting some directions from you in preparation of a letter of comment. I will note that when Red Feather was approved there was a development agreement provision that says that construction traffic was to not use Duane Drive. That was one of the reasons that I think the gate went up. It's kind of a tough agreement to enforce and, then, the thought being that eventually Red Feather will gain access to the extension of AIIys once the property to the north of East River Valley is developed and we can get AIIys Way punched all the way through to Ustick, but, unfortunately, it's unknown at this time when that will occur. So, I would be happy to answer any questions. De Weerd: Council, do you have any questions? Rountree: Not right now De Weerd: Are any of the neighbors here? Would you like to provide any comment? Yes. If you will, please, state your name and address for the record. Stokes: Yeah. Mayor de Weerd, Councilmen, thank you. My name is Mark Stokes. My address 2870 North Duane Drive. I am a resident of Duane Drive and appreciate the opportunity to give you a little bit of input on this. It's an issue that's been going on for quite awhile now. It goes back to I think 2003 when Red Feather was first developed and that was the point in time when the gate was put in and I guess -- I understand the emergency response concerns. We held a neighborhood meeting Sunday night and we had some of the Red Feather residents attended that and they have a lot of the same concerns just from a response perspective and in getting their input, they feel like extending AIIys Way is a solution that they could support, which is also something that the residents of Duane Drive would like to pursue with ACHD, because it provides a third access point back into Red Feather. There is currently a point off of Cloverdale on Granger I believe and, then, Grenadier off of Ustick is the other one that currently exists and AIIys would be a third access point. So, I guess my hope is that depending on the City Council's position on this, that at the very least you could support having Duane Drive as a private drive as long as AIIys Way was extended. Even given that may take some time to make that happen. De Weerd: So, are you, then, good with keeping Duane Drive open until AIIys Way is extended to be that connecting point? Stokes: Well, our application with ACHD is to make Duane Drive a private street, because of the traffic and the safety concerns that we have got. Duane Drive is really an unimproved street, I believe it's 24 or 25 feet wide and there are borrow pits on both sides of the street that have to be there to retain irrigation water and so there is -- I Meridian City Council Workshop August 9, 2011 Page 5 of 55 guess widening the street is not really an option without going to some extreme measures. ACHD has done some traffic counts. In looking through that data we have had vehicles going over 50 miles an hour on our street and we get a lot of pedestrian traffic from Red Feather, which everybody is fine with, it's really, excuse me, the amount of traffic and the safety concerns that we are trying to address. De Weerd: Council? Rountree: You mentioned 50 miles an hour on Duane Drive. If it's gated, then, it's Duane Drive residents that are driving the road that fast; is that the case? Stokes: No. This is just since ACHD -- Rountree: Okay. Stokes: It was -- actually, I believe it was ACHD staff that opened the gate and not ACHD commissioners. Rountree: Okay. Stokes: And that was opened up back in February is when that happened and it's been open since that time. We have been involved working with ACHD staff trying to get our application materials together and everything else since that time. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess my memory is either fooling me or -- my recollection is that I was on the Planning and Zoning Commission when Red Feather came through and we had a lot of discussions about the gate and the suggestion was made, because I thought that Duane Drive was not a public street, but it was actually an easement and -- an access easement over private property, with its ultimate destination being the original house that was south of Tahiti Drive and I thought the reason for the gate was that it was not a public street to begin with. I'm -- I wasn't aware that it was a public street. Stokes: To my knowledge it's been a public street at least since the subdivision was platted probably back in the mid 70s and it's been a dead end public street for I believe at least 35 years now and that's really the root of the problem. We have got an overdeveloped subdivision that's a straight street that has large lots in it and we are getting smaller lot sized subdivisions developing around this and when you look at the -- trying to interconnect the neighborhoods, which is a concept that ACHD is trying to promote, that works as long as you can design the subdivision with circuitous paths and a lot of curves to keep traffic slowed down. The problem is they interconnect with Duane Drive and you have got about a third of a mile of a straight shot with nothing to Meridian City Council Workshop August 9, 2011 Page 6 of 55 slow people down or anything else, along with the narrow roadway with no sidewalks or curb or gutter. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Mark, did you have any indication from ACHD a length of time for Allys to be a through street if that were granted? Stokes: In fact, I was speaking with Mr. Inselman just here before the meeting started. I would rather have -- Hoaglun: And I can ask him that question when we are all done, so -- Stokes: He's certainly more informed about that than I would be. De Weerd: You know, I don't know, Pete, if -- if you looked at some of the discussion that happened when Red Feather came in, but I do believe there was sensitivity to the condition of Duane Drive and the -- more the rural nature with the borrow pits on both sides and how narrow it is, there was a concern about opening that for Red Feather Subdivision traffic, because of the condition of that road. Friedman: Madam Mayor, Members of the Council, I haven't delved all the way back into the full history of the Red Feather development. I did pull the development agreement for that particular division. There was a condition that was adopted by the city, signed by the developer, that said to deter all construction traffic Duane Drive -- no construction traffic should utilize Duane Drive. That was the condition that was written into the development agreement and I think that subsequent to that the gate was erected. But I think there certainly was a recognition of the potential for some of the -- at least the construction traffic going out of Red Feather cutting through there. We did send a letter actually last March to the developer of Red Feather asking them to honor this commitment. I followed up with him last week and -- with an e-mail. He said that he's been directing all the contractors and subcontractors not to utilize it and, then, I responded by saying is there some way, if you haven't already, of getting the word out to your residents in Red Feather, either through the homeowners association or otherwise and he hasn't responded as of today, but I will keep on him. De Weerd: I think there was the understanding when that phase was to be built that there would be a connection to Allys Way and I don't recall completely, but I think that's why that gate was installed is to really restrict traffic. Friedman: Madam Mayor, Members of the Council -- and Mayor is correct, if you will look at the lower left-hand circle here -- I hope you can see it. This is the division of Red Feather that we are discussing. Here is where the gate at Duane Drive was and you will notice it is stubbed up to this portion of this abutting property. The R-40 piece is Meridian City Council Workshop August 9, 2011 Page 7 of 55 the Regency At River Valley piece, which is hopefully developing soon and, then, they will be bringing their portion of Allys up just to the bottom of that circle. They don't own this property to the north and, of course, it's our anticipation that when this property does come into the city and develop it will be able to get Allys all the way through, but this is one of the critical missing links that we really have had no contact about anybody being interested in developing it to date. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm sorry, I'm not next. I went -- gone ahead. If Mr. Hoaglun wants to go. Hoaglun: Oh, I was just going to say I guess that answers my question I was going to ask Gary. The extension of Allys Way is going to be development driven; is that correct? De Weerd: It is. Hoaglun: So, we really don't know how long that's going to be. De Weerd: We don't. Hoaglun: Okay. Thank you. De Weerd: Mr. Zaremba. Zaremba: These are kind of side questions I guess. It looks to me like the stub street from Red Feather to the south, isn't that the one that now dead ends at the park and that will never be connected to anything? Am I in the right place? De Weerd: That's correct. Bird: You're right. Friedman: That's correct. Zaremba: Kleiner Park. So, that's not really going to be a stub street to anywhere. Then, back on the gate and I have been involved in discussions about gates a number of places around the city, including this one, which I remember, and I guess this is a question for Chief Niemeyer. I was under the assumption that emergency services could get through those gates in like five seconds. Is this -- I'm learning something tonight that scares me a little bit. Niemeyer: Madam Mayor, Councilman Zaremba, probably a little bit off there. It depends on the configuration of the gate. There is several types of gates out there with Meridian City Council Workshop August 9, 2011 Page 8 of 55 several different types of devices. Key pads. There is one -- locks are another. Which in this case it was a lock. We have Opticoms on some of the gates. I don't know about in this district, but I know throughout the county they have some of those. Our concern anytime you have something where you have to stop the apparatus, get out, grab tools, cut something or remove something and remove the gate, jump back in, that's a delay. And certainly when people call they expect a timely response and that delay can be up to a minute, depending on what we have to move. Bollards are another issue that we come across, you have get out, remove the bollards and, then, drive through and do that. So, it depends on the type of gate we are looking at, the type of lock that's on that gate that we have to deal with. Zaremba: Can we specify a different lock for this gate that you could get through quicker? Niemeyer: Well, one of the issues is -- that we have with the locks is we end up cutting them. That's the easiest way for us -- you know, keys are not a very good option for us at all. We would have to have a key in every engine and now throughout the county with our better mutual aid and automatic aid agreements, there is a chance the first due engine on this particular incident or this area might be out on a call and the next arriving engine might be from a different district, because they are closer. You might have a Boise engine that would be next into this call, because they are the closest unit and so the key issues don't work. The key pads are very difficult, because if you have a set combination for that key pad, how do you make sure every department throughout the county knows what that combination is? So, with locks the best thing for us to do is end up just cutting them, but that does take time. Zaremba: Okay. Thank you. De Weerd: Sir, you will have to provide that by testimony. Stokes: Sorry. Yeah. The question I have after that discussion is would the Opticom device be an option in this situation? De Weerd: They are very costly and so it would be who would bear the cost. Stokes: That would be a question we would have to answer certainly. De Weerd: And probably it could be an option, but, again, that option would be considered with the answer of who would pay for it. And don't think ACHD nor the city would be the one considered. Niemeyer: Madam Mayor, if I could add to that. The fire engines we all have Opticoms on the fire engines. In talking to Chief Lavey I believe they only have seven patrol cars right now that have an Opticom devices on it, so they would have to outfit their entire police force with those as well. And the Opticom itself is about 20,000 dollars. Meridian City Council Workshop August 9, 2011 Page 9 of 55 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As I recall -- while we encouraged the developer and the builders to not run up and down Duane, this was quite a discussion. We -- we didn't want a gate there for the simple reason of safety, getting into it. That's what -- that's what I recall. And if we did we needed the bollards that you bump and they flop so we can keep going. De Weerd: I'm sorry. I guess first I would ask is there anymore questions for Mark? Okay. Thank you for being here. Stokes: Thank you. De Weerd: I'm sorry, Mr. Bird. I didn't want to -- Bird: So, I know this was a big discussion when we approved the subdivision, but I -- I thought that if they were going to put a gate there they had to be those collapsible bollards where the vehicle goes up and bumps them and they go down and with that you're not going to -- you might be a 15 second delay, but, I don't know, I don't think we can -- until we get some more access into it, I don't know how you can privatize Duane Drive right now. De Weerd: Any other questions or comments from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have a question for Chief Niemeyer. If the access on Duane Drive was eliminated what would be your response time, then, to the accident that seems to have precipitated this discussion? Niemeyer: Madam Mayor, Councilman Rountree, that's a good question. This happened -- well, it was back in January I believe. We tried to find the record on it. The problem that we have with it is that the call was in Red Feather Subdivision, but trying to locate the exact house that it was at, but I believe in looking at -- at the e-mails that went back and forth at the time, we would have been just under five minutes responding into there and because of that, the delay in the access, we were I believe at five minutes and 50 seconds is what the total time was -- response time. So, we figured it was probably about a 45 second to one minute delay taking care of that issue. Rountree: Had you had to come in off of the other two access points and not had the GPS telling you that Duane Drive was open -- Niemeyer: Right Meridian City Council Workshop August 9, 2011 Page 10 of 55 Rountree: -- what would your response time have been? Niemeyer: I'd probably have to drive it to be sure, but, you know, anytime -- just looking at it, anytime we have to drive through subdivisions we slow down. We have a policy that you can drive ten miles an hour over the speed limit. When we go through heavy populated subdivisions a lot of the guys will actually drive the speed limit, because we know that when we come by lights and sirens, kids come running out, balls come running out, animals come running out. So, typically, in those heavy populated subdivisions we do not push the accelerator. You know, calls like this gets your blood pumping when you have a choking child and we still try and stay within that defined speed limit, even through a -- especially in these heavy populated subdivisions. And having driven through them, it's a scary deal when they come running out at you. Rountree: Probably fair to say that would have been more than a minute? Niemeyer: It would have been longer, yes. Rountree: Yeah. Okay. Thank you. De Weerd: I guess, Pete, in the development agreement was there -- was there any provision of when the building permit -- when that access to Allys Way needed to be in -- in place? Were they counting on Duane Drive being that second -- that next access point or was it always intended to be Allys Way? Friedman: Madam Mayor, I don't have a specific answer for you on that. I have got a portion of the development agreement in front of me. All it really addresses -- and I will read this verbatim, if you don't mind, is deter all construction traffic Duane Drive -- I assume they have dropped an on Duane Drive -- as no construction traffic should utilize Duane Drive and that's the way the condition of the development agreement is written. So, this doesn't address a specific, you know, threshold or anything. If you'd like I can do some more research on this, send you written information. Zaremba: Madam Mayor? Friedman: We can cover it at the next meeting. De Weerd: Mr. Zaremba. Zaremba: We do have, I believe, an ordinance that would address this. As I'm looking at this, there is currently only one way in and out of Red Feather, if I'm interpreting this correctly. If Duane Drive is not available, there is only one way in and that makes it a cul-de-sac and it's a cul-de-sac with more than 50 residential buildings, which means that Duane Drive does have to stay available for emergency access. It doesn't necessarily have to be a usable access for the residents, hence, the gate. But we cannot give it up as an emergency access, because we, then, have a cul-de-sac with Meridian City Council Workshop August 9, 2011 Page 11 of 55 probably more than double our 50 at this time, until -- well, like I say, we know the stub street to the south will never connect to anything, so the one to the west is the only -- only one that could make this not a cul-de-sac. Rountree: Madam Mayor, I have some questions for Gary. Since you're here. Good to see you. It's been awhile. Inselman: It has. Good to see you. Rountree: Gary, what's the right of way width on Duane Drive? Inselman: I believe it's a 50 foot right of way. Rountree: Fifty foot. Okay. What was ACHD's position on this subdivision and access to it when it was platted; do you know? Inselman: ACHD commission action actually required the gate and had a provision in there that could be opened -- that any member of the public could request it's opening and that time we would have a public hearing and decide that and last winter for safety reasons and a re -reading of the state statute our director at the time ordered us to open it and, then, we held that public hearing and took the comment. But we interpreted the law at that time that we could not obstruct the public street, so the gate was opened. Rountree: And ACHD's consideration -- and I know you won't be making this consideration, but given what you have seen happen -- if the request were to move forward and the right of way vacated -- this has been in public ownership and, then, maintained more or less by ACHD for a number of years and a lot of taxpayers' money utilized to do that. Is there any compensation to ACHD's budget if this thing moves forward or is it just a wash and away it goes? Inselman: The statute provides that the commission can require compensation. If they were to approve the vacation it would be subject to any compensation that they would deem the fair market value or they have the authority to waive that requirement if they so choose. Rountree: Okay. And it is definitely and always has been on ACHD books as public right of way. Inselman: From the date the plat recorded, yes. Rountree: Okay. De Weerd: But I think when this discussion came through and the realization that the standard of road condition was such, it wasn't discussed at that time that the neighbors would have to go through a process of asking it be a private street and I think maybe that was some of disconnect, is because the idea was to connect to Allys Way, that it Meridian City Council Workshop August 9, 2011 Page 12 of 55 wouldn't be an issue, but I think Allys Way appeared to -- in the estimation it would be done sooner and probably before that part of Red Feather was constructed. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question, Gary. Does the ACHD commission -- is it out of the question or is it case by case where they post signage as local and emergency traffic only, put in speed bumps to deter regular usage, other than the local folks or if it's a public road it's pretty much you don't do the signage -- and I know there is speed bumps here and there, but it's I guess a case by case basis. Inselman: Madam Mayor, Councilman Hoaglun, options were discussed with -- with the residents and the neighbors. We did hold some meetings with them and our director and staff. We listed several options, asked them to go back, consider it, propose what they preferred. Their preference is to ask to vacate the street and make it a private street. We did discuss with them the possibility of some speed bumps, hopefully designed such that a fire truck would not have to slow down to go over them. We know they don't like the speed bumps and some other options, but this is what they had chosen to move forward with in their request. Hoaglun: Okay. Thank you. De Weerd: Okay. Anything further for Gary? Bird: I have nothing. De Weerd: Thank you, Gary. Okay. Council, I think that staff is hoping to get some direction on how you would like the city to respond. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I will just throw this out. It seems to me because of the safety issue and the access issue, that it would be irresponsible on our part to move forward with the closure of Duane Drive at this point in time. I think it needs to be open from a safety aspect. I don't know -- there are some options with respect to gating it and knox boxes and Opticom and those sorts of things. I don't know that there is any parties willing to pursue that, but it is an option that could be explored. I would like to see it remain open or if it can be gated in such a way as it can be passed through by the public safety folks, fine, until such time as Allys Way can be connected either from Fairview or from Ustick. That would be mine preference. I don't know about the rest of you folks. Meridian City Council Workshop August 9, 2011 Page 13 of 55 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That is my preference. I -- until there is at least another access into that sub back there, I'm not for closing that off and -- and I'm not even -- the only gate I want there is the bollards that you hit and it falls down. I don't want knox boxes or anything like that, because, you know, we try to maintain an under five minute response time with our emergency medical people and if they have to jump out and cut locks and stuff, it's -- I just think it's got to be left open until they find another one. I'm not for vacating it at all at this point. Rountree: Madam Mayor, I would add the comment that I do really and truly understand the issue that the residents have out there with that straight drive and the increased traffic and I think if it is to remain open that ACHD does need to look at some safety issues out there to promote reasonable driving behavior and work with the Ada County Sheriff, as well as the Meridian PD if they can work out there to try to instill some behavior that's reasonable moving up and down that road, because I suspect the tendency is to put the pedal to the metal with the open space. De Weerd: Gary, you know, I would also like staff to take a look at were there building permit restrictions before another access was required. I do recall the sensitivity to this rural subdivision and the inappropriateness of having that as an access for a large number of homes. Otherwise, I would have imagined that Council would have put the onus on the developer of that subdivision that would be creating that traffic and inhibiting the emergency response at their cost, not at a cost of an existing neighborhood that would, then, be asked to mitigate their -- these mass cars needing to go through there. So, if we can look a little bit further into something like that, I think that would be appreciated, because I really believe that it was contemplated that Allys Way would be that -- that access. Gary? Inselman: Madam Mayor, Council, I didn't want to leave you the impression that it's a raceway down there. We did speed studies in February. The average speed was 21. We did speed studies last month, the average speed was 20. It is reasonable driving. The occasional, you know, law breaker doing, you know, whatever is an enforcement issue that, you know, we are working with the sheriff and others to address, but it's not a predominant situation. The average speed is the speed limit of 20. De Weerd: Gary, what is the numbers -- the traffic count? What was it then and what is it now? Inselman: Madam Mayor, I'm afraid I don't have that off the top of my head. If I recall, we were in the -- it's gone up a couple hundred vehicles per day. It's still, I believe, around 600 max, which for a local road is -- you know, we design them to carry up to 2,000. 1 believe it was in the four hundreds back in February and it's maybe 600 now, in that range. I can't remember the exact number. Meridian City Council Workshop August 9, 2011 Page 14 of 55 De Weerd: Okay. Thank you. Any further direction from Council to Pete on our recommendation? Rountree: I have none. De Weerd: Anything further from you, Pete? Friedman: Yes, Madam Mayor, Members of the Council. Just a couple of things. I will draft a letter stating that Council's concern about public safety and the gate being closed or if there is a gate -- gated option it should be one that is acceptable to the fire department, either through the installation of Opticom or some other method acceptable to the fire department. I would also add, if it's all right with Mayor and Council, Public Works and Development Services have pointed out that Duane Drive would be our public right of way for extending services north to that area when eventually it redevelops and -- or we need to extend the utilities in that direction. So, if it were to be vacated that we would like to see an easement reserved for the installation of public utilities. So, with your permission I would include that in our comment letter also. Rountree: Definitely. Zaremba: Everybody is nodding their head yes. De Weerd: That would be -- it looks like is the desire Friedman: Okay. Thank you. And, again, following up on Madam Mayor's comment, I will go back in and review the Red Feather application and materials and discussions. Again we have the -- of course, the access off Ustick and, then, we have still that long access in from Cloverdale, so there is still two ways into Red Feather. But, you're right, I think, you know, Allys just isn't developing in a time frame that we had all imagined it would, so I'll go ahead and look at that. B. Legal Department: Boise City Attorney's Office Annual Contract Update and Discussion De Weerd: Okay. Thank you. Thank you for joining us. Okay. Item 6-B is our Legal Department and I'll turn this over to Ted to make introductions and move forward on this. Baird: Thank you, Madam Mayor, Members of the City Council. We do have our annual update on the prosecution contract between the City of Meridian and Boise City. We have a contingent here from the Boise City attorney's office and at this time I'll turn it over to the Boise city attorney Cary Colaianni to make some introductions and to lay out your presentation. De Weerd: Welcome. Meridian City Council Workshop August 9, 2011 Page 15 of 55 Colaianni: Good evening, Madam Mayor, Council Members. Good to see you all again this year and we'd like to thank you for having us up to give you the update -- the annual update on the prosecutorial services contract. Ted, good to see you this evening. We thought we would change it up a little bit this year and let you all hear from some of the people that actually do -- actually provide the service, not only in terms of prosecution, but the training we provide to the Meridian Police Department, police advice, public records -- there are a number of things and you might want to hear from them this year in terms of how prosecution is going. We have a case management system now that helps us track your cases right down to the type of case and the numbers of cases and we will talk about some of that tonight. It's interesting stuff. We think it's very helpful and certainly we think it's helpful to the Meridian City Police Department to be able to track those things and the folks I have brought with me tonight, two of them are Jodi Nafzger, Terry Derden, and I will turn it over to Jodi to begin that discussion for us today. Thank you. De Weerd: Thank you. Nafzger: Madam Mayor, Members of the Council, thank you for your time this evening. I'm going to start first with a brief overview of the criminal prosecution services that we provide for Meridian city and, then, I'll turn it over to Mr. Derden to talk in more detail about police services that we provide the City of Meridian. We handled approximately 4,900 charges in 2010 on behalf of the City of Meridian. Those are primarily misdemeanor charges or civil infractions, speeding tickets, registration tickets, proof of insurance tickets. Also code enforcement and animal nuisance charges. We have 18 dedicated criminal prosecutors that cover ten magistrate court calendars. We have about eight full time magistrate criminal judges in Ada county and two visiting rotating judges and Meridian city cases are distributed among each of those court calendars. This chart depicts incoming charge percentages by agency for 2010, so you will see that about 80 percent of the cases we handle, of course, originate in the city of Boise, 19 percent of those cases are Meridian city cases. We handled 24,801 total charges in 2010 and you saw that approximately 5,000 of those were Meridian city charges. There is a small part of the pie there that is conflicts from other counties or cities in Idaho or conflicts from Ada county or Canyon county. This chart depicts Meridian city cases and their outcomes and we thought these facts may be important to you -- if you can read those numbers on the pie charts, 3,064 of the approximately 5,000 cases we handled in 2010 resulted in guilty pleas to the original charge and I have to say that is absolutely due to the excellent police work by the Meridian city officers that we work with. We have a great deal of respect for those officers and a very very good working relationship with them, due in part to Terry and other people who are at the police station -- and he will tell you more about that -- on a regular basis. So, 3,000 of those are guilty pleas to the original charge. You will see that about 810 of those are guilty pleas to an amended charge. Those cases still result in conviction, probation, treatment in some cases, and that works out at about an 89 percent conviction rate on misdemeanor and infraction charges from the City of Meridian that comes through our office. You will also see -- I will just briefly describe -- there are 817 dismissals. There are a number of reasons that Meridian City Council Workshop August 9, 2011 Page 16 of 55 cases -- and these are charges, remember. There are a number of reasons that a charge may be dismissed. One of them is pursuant to plea negotiations. The person pleads guilty to a misdemeanor charge, the infraction may be dismissed. One of them is a statutory dismissal. It you're traveling without proof of insurance in your vehicle, but you have insurance on your vehicle, that gets dismissed when you show proof to the clerk's office. Also recall -- remember that compliance is a big issue for us for the traffic code, for Meridian's own uniform code on code enforcement cases, so a case may be dismissed once that person comes into compliance, which ultimately we want to achieve. And, finally, a case may also be dismissed when we are unable to proceed to trial and prove the elements. There may be victims who are uncooperative or unwilling to come and testify. That's also the chunk of those that you will see that say decline, that's the green part, that's 307 charges in 2010. Those are cases that simply there was not probable cause to believe that a crime was committed in the first place and those are declined at the screening stage. On the up side you will see we had 121 trials in 2010. Those are court trials on infraction charges, as well as jury trials and of those 121 cases you will see that 101 of those results in convictions. That is the nuts and bolts of our criminal prosecution. If Madam Mayor, Members of the Council, do not have questions for me, I will turn it over to Mr. Derden to talk about police services. De Weerd: Thank you. Nafzger: Thank you. Thank you for your time. Derden: Madam Mayor, Members of the Council, I'd like to talk to you all again. I want to talk to you a little about police services. As you know you pay for an attorney three days a week to appear at the police station and handle a whole function of issues. I'm one of those attorneys, Ms. Nafzger is one, and, then, we also have another one, Ms. Dunn, who couldn't be here tonight. But, essentially, what we do is we have -- Mondays, Tuesdays, and Fridays we have a prosecutor in the police station -- our office is actually just right off the patrol room and when there is a shift change or when teams are coming in and out going to briefing, we have a constant flow, a line at the door of officers wanting to come in and ask me questions. A lot of it is Monday morning quarterbacking, they want to know my opinion on something they did in the field, a call they made, and, then, we kind of have a discussion about what we could do better or what we could do worse and go from there. When we talk about on-site presence, some things we initiated this year was screening review of victim witness, your two victim witness coordinators didn't have the information they needed when they were calling victims and so what I put in place was to meet with them biweekly and go through all the police reports that they didn't know what had happened on and that was very easy for me, my computer lets me access our case management system while I sit at my desk in Meridian, they could give me a DR number or a police report number, I can usually pull it up and tell them if it had been declined and they would avoid that very uncomfortable situation where they are calling a victim to tell them a case is going forward and the victim says, oh, the prosecutor says it was already declined, so what's going on? So, that's helped them a lot. We have also started now that Ms. Dunn is comfortable being there and I am, so regularly we have told victim witness you don't Meridian City Council Workshop August 9, 2011 Page 17 of 55 need to bring your witnesses or victims all the way to Boise, we are happy to meet with them there. If it's not a case I'm personally going to handle at trial, you know, if it's someone that another attorney will handle, I'll take the notes, I'll pass them on to that attorney, and that kind of just helps cement our victim relations, so that we know victims are going to come to court and testify for us and to keep our domestic battery and other kind of more serious victim crimes strong. We also do public records requests, property, weapons and disposition and, then, of course, we provide the records department with training. Lastly we changed how we do our on-call police advice team. It used to be I was the sole person that they woke up in the middle of the night. I now have the pleasure of adding six other folks to my team of police on-call attorneys. Ms. Nafzger being one, Ms. Dunn being the other and, then, three or four attorneys that work for the Boise police department. So, we now rotate, so only once every seven weeks am I the on-call that they get. That still doesn't prevent Lieutenant Colaianni from calling me all the time and the rest of them who do have the on-call number and it is helpful, because now they don't just have to find me, if I'm at court or somewhere where I can't call, there is always someone they can get ahold of and we have been through that number and trained up all of our police advice attorneys, so that they have thumbdrives and cell phones and they are very quick to go to either the station or the courthouse and turn a search warrant around very quickly now. One of the things I wanted to show you that we talked about a lot is in training is we provide a police bulletin. This year a case came up from the United States Supreme Court called Kentucky versus King. That case has simply changed the way we do business or when we deal with officers making contact at a door sometimes. When I have cases and I review them that come from the Supreme Court of the Ninth Circuit, I look at it as we as a team of police advisors discuss is this something we have got to get out now that we need to put in an officer's hands or is it something we want to save for our annual training. This bulletin is a good example of exactly what they get, the facts of the case, questions for them to answer, and, then, an application, how they go use that in the field. What we have done now is we actually have the sergeant or the corporal read it at briefings and I try to attend as many briefings as I can when these come out, as does Ms. Dunn, and so we are actually in the rooms to advise them on the application of what we are expecting from them, so that we can make sure our cases stay strong. Such as an example, when we used the bulletin I didn't want you to think it was a snippet or a short e-mail, it's a pretty complicated analysis we go through an application and we shop it around about seven attorneys and, then, the product is sent to the chief for approval to distribute to officers, so -- as we talked about training, we told you every year we train them, but I realize we didn't really train -- explain to you what we really do. We set up a four hour block training. We train officers and groups of teams, so I will have Sergeant Flores and Sergeant Parsons and teams of eight or ten officers coming together, all 16 officers all trained at one time and I will spend four hours with just those two teams. That really helps me get a dialogue with those teams and discuss the important things that we need to cover. This year in spring we covered search warrants and Fourth Amendment Miranda. Ms. Nafzger has a fantastic presentation on Facebook can get you fired as an officer and, then, we also spend some time -- we had Ms. -- Ms. Kane from your office come and work with me on developing a program for city code updates. So, those are usually hour to hour and a half long blocks that we Meridian City Council Workshop August 9, 2011 Page 18 of 55 have pretty long discussions and we throw a lot of scenarios at them, so they say, okay, you're the officer in the field, this is what's going on, make the call, and, then, we kind of dissect that from them. We have also this year and starting last year I realized that police have very specific functions within departments. There are a lot of occasions that K-9 officers need to know about that patrol officers don't need to know about, things that apply specifically to the dogs, and so what I have set up for those specific teams and K- 9 officers and code is they go to the annual officer training and, then, I also prepare for them their own program at a later time that we do later on, after they get the basic training that all patrol officers get and, then, we go into a specific -- you know, when you school these officers, there is only seven or eight of them, but they are very committed to that goal and that -- they have that drive to want to know those cases and really dig deep into them, so that's when they really challenge me. So, that's the training that we have for all the new recruits, so -- that kind of covers the training scenarios and all the training functions we provide the police department and we are happy to stand for any questions you may have. De Weerd: Thank you. Council, any questions? Hoaglun: I don't have any. Bird: I have none. Great job. De Weerd: Thank you. Derden: Thank you. Rutherford: Madam Mayor, Members of the Council, I guess I'm the closer. De Weerd: Terry was right, we'd much rather hear from Terry and -- oh, sorry. Rutherford: Madam Mayor, I hope you heard what Terry said. He talks so fast that most of the time I have no idea what he said. De Weerd: We are just quicker than you are. Rutherford: Madam Mayor, in front of you you should have a fiscal year 2012 cost breakdown. That form should look familiar to you as we tend to revise it on an annual basis and we actually append that to the -- to the contract that you and our city council and mayor execute. What you will see this year is a four percent cost increase, total cost increase of 11,306 dollars. That primarily is based on kind of three factors, the increasing cost of health insurance, the city of Boise is anticipating a 7.9 percent health increase -- cost increasing going forward on -- in fiscal year '12 and another six and a half percent going forward in '13, so we are trying to anticipate and cover those cost increases. In addition, the city of Boise pays mileage to the folks you just heard when they come out to Meridian three times a week and, then, for training various other search warrant related, polices advice related duties. Obviously, the price of fuel, Meridian City Council Workshop August 9, 2011 Page 19 of 55 unfortunately, has increased, so those costs have increased and, then, finally, it's very important to the city attorney that we send our attorneys to not only in town training, but -- but high level out-of-town training, specialized things like -- like, you know, the different and evolving faces of drug crimes and you have, obviously, dealt with that when you dealt earlier this year with a new ordinance to deal with Spice and those sorts of things. We want our folks to have the latest information, have the latest tools, not only to make successful prosecutions in court, but to be able to advise your officers, so that they know how to deal with this stuff in the streets and so we send those attorneys out of town and out of town travel is expensive. We try to get our -- our prosecutors and our civil lawyers, we try to get them out of town at least every other year to a major training and so those costs, again, have not decreased, so we come to you today with a modest four percent increase for fiscal year '12, but I'm happy to answer any questions related to that or anything else we are doing for you. De Weerd: Thank you, Steve. Any questions from Council? Bird: I have none, Mayor. Rountree: I have none. Thank you. De Weerd: Lieutenant, any comments from you? De St. Germain: Well, excellent. The team has been excellent, Terry and Jodi have been excellent to work with. I call him at all hours of the night and got answers on things that I needed answers for, so I want to say they are an outstanding organization and we have been meeting all the standards that we have. De Weerd: Thank you. We appreciate the partnership Rutherford: Thank you very much. De Weerd: Thank you. Colaianni: Madam Mayor, Council Members, again thank you, as Steve said, but I can't stress enough how important and how seriously we take this contract. We try to make it as professional as we can as Steve mentioned to you and we don't intend to shirk from that responsibility, this year, next year or as long as we have this in place. So, again, thank you very much. Bird: Thank you. De Weerd: Thank you. Appreciate you being here with us this evening. C. Building Services Division: Strategic Plan Update Meridian City Council Workshop August 9, 2011 Page 20 of 55 De Weerd: Okay. Our next item, next under 6-C, is our Building Services Division and their specific plan update and report. Welcome, Bruce. Freckleton: Thank you very much, Madam Mayor, Members of the Council. It's a pleasure to be here this evening to discuss an update. It's not necessarily a strategic plan update, but it's an update of building services activities. It's been awhile since we have been in front of you with such an update. We do have a presentation for you, if we can get it running here. While they are working on that, I did want to introduce my staff. I have got all of them here tonight and I'm honored that they are here and I want to introduce them to you. It's not often we have the opportunity to -- to show you their faces. These are the folks that take care of all of our land development and building functions for the city and it's a very dedicated bunch of people and I wanted to introduce them to you tonight. So, I will just give you a name and if you'd stand up when I call your name. Brent Bjornson. Brent is our building plans inspection coordinator, he's the one who does the contract administration with all of our contract inspectors. He does a lot of the screening of applications when they come in to make sure that applications are complete and ready to make it through our process and that gatekeeper function has helped tremendously to be able to help streamline our processes and we have created many documents to help our applicants through the processes and it's been a great program. Next would be Mindy Smith-Ferguison. Mindy is probably our -- our most tenured employee, besides myself. She has been with us a long time -- how many years? She can't even remember. Thirteen. Mindy is permit technician. She is -- she's just a dynamo when it comes to running that front counter. We also have Christina Hannemen. Christina is our other permit technician and, unfortunately, Christina is going be leaving us soon, but she has been a great addition to our staff, we have just got a great group out front. We got Carol Skinner, she's our new -- newest employee. She's a department admin assistant. She's helped quite a bit putting this presentation together and she's been a good addition as well. These staff members are all part of the Building Services Fund. If you recall Development Services is split between two different funds, we have the Enterprise Fund for our land development folks and, then, we have the Development Services Fund out of General Fund. So, these four staff members are part of the Building Services. Then we have Scott Steckline. Scott is our land development supervisor. Scott is -- he is on top of -- he's got his finger on the pulse of what's going on. He works very closely with the Planning Department in every application that comes through. He attends planning -- planning tech meetings and we try and line people out to get them started down the right path from the very beginning. We have got Denny Cline. Denny is our -- he's one of our development analysts, so all the projects that come through when they submit plans for new subdivisions, new sewer and water installations, that sort of thing, our development analysts are the ones who review those plans for compliance with state code and city ordinance requirements. Then we have Steve O'Brien. He is our other development analyst. Steve has been with us a long time, too. Probably -- I don't know, not as long as Mindy I don't think, but pretty close. Terri Ricks is our next one and she is our address technician. She's the one that assigns new addresses to every single new application that comes through the city. You have seen her before -- in meetings before where we have had conflicts with address problems and that sort of thing. So, thank you guys for being here. Meridian City Council Workshop August 9, 2011 Page 21 of 55 De Weerd: Thank you for being here. Freckleton: See if Tom's little clicker works here. Hey, it does. What do you know. Okay. The first thing we want to do -- I wanted to launch right into notable accomplishments. You know, we got this staff here, we are just going to hit on a few things that -- that have -- have been notable in the past. Capital project review process is something that we have discussed with you before, but it's worth mentioning again. The procedure that we have established is that all city capital projects go through the same review process as a private development project. The review insures consistency between public and private projects. Capital projects are being built to state and local standards. Sometimes we have had some issues when we weren't doing review that we had some conflicts with some DEQ requirements and that sort of thing. So, this is -- this gets a set of eyes on it that, you know, it's what our development analysts do is make sure that things are in compliance and so it saves us quite a bit of money just because we have been able to pick up several things through the review process that would have -- would have been missed and it helps us to be able to head those off, you know, before we get into change order situations. So, it's been a great program. And you will see a little bit later on in the presentation the volume of projects that we have -- we have done over the years. The We Care comment cards. These are one of the things I always -- I always kind of dread getting these e-mails from Robert, you know, comment cards, but I should rest assured that they are not always bad. In fact, a high percentage of them are very good and you will see there are ten out of 12 comment cards received in the last -- since our last update had an excellent level customer service rating. We did receive two cards that had negative comments. One of them was in regards to an employee that's no longer with us. The other one was a comment that we had received from a disgruntled applicant that was trying to persuade us to do some things that was contrary to our code for the sole benefit of his business arrangement he had with this client and so he was a little bit perturbed about that. We have been refining our records retention policy. We have been working with Jaycee's office and the city attorney's office on the retention policy. We have got it nailed down and we have been fortunate enough to have three of the teenagers that are in the youth work life skills program that HR has been running, they have been doing a lot of scanning and archiving for us. It's been a lot of fun having them in there. Permit technician staff certification. Mindy attended some training and received her ICC permit tech certification this past -- I think it was last fall, wasn't it? Yeah. This is something that we put in our strategic plan. We wanted to make sure that our permit techs were certified. We believe that it -- it brings value to the city. It also demonstrates to our applicants that -- that we take our job seriously and that it -- you know, we know what we are doing when they come in. Our goal is to have a hundred percent of our permit tech staff certified by the end of the year. The ambassador outreach program is a program that we started the second phase of with the Planning Department. Pete Friedman and myself visited with several applicants that we have come through our process. The purpose of this was to do follow up to find out what went right, what went wrong. The target audience of the second phase of this program was our one and only app. These are people that -- you know, laymen that have never done an application Meridian City Council Workshop August 9, 2011 Page 22 of 55 through the city before, never done anything like it in their lives, and we just wanted to get their feedback as to our processes and get their advice for how we can make it easier for them in the future or for other folks, for that matter. Fee calculators. This one was kind of a fun project to work on. We had a local consultant that he pointed out that the city of Eagle had a pretty cool calculator on their website that applicants could go on and plug information in and it would calculate what their building permit fees were and it was a -- I believe a residential calculator is what it was and so the Mayor challenged us to -- to see what we could do and we went through -- De Weerd: And they did a better -- Freckleton: I'm sorry? De Weerd: You did it better. Freckleton: Oh. Thank you. We actually created four separate calculators for our website and made them pretty interactive. We have got calculators on there for residential, commercial, tenant improvement and also multi -family. We took our calculators a little bit further -- well, quite a bit further than what city of Eagle had. With our calculators the applicant can actually go in and plug in all of their plumbing fixtures, it will calculate their assessments and, then, plug that over into their main spreadsheet and it comes out to the penny of what the permit would be if they were doing the same thing across our counter. We have gotten just excellent feedback from -- from applicants. It's starting to become a very popular thing. It's a tool that a lot of times when people will call on the phone and want us to give them an estimate over the phone, we will just point them to the website and say, you know, check this out, because it's a great way to be able to dial it right into the penny. So, it's been a good addition. We also worked with the Planning Department -- oh, probably over the last six, eight months in development of some interactive flow charts that we -- several of them are on the planning's website, we have got a couple of them on our website. These are just kind of a yes/no interactive -- they are pdf's is what they are, pdf files, but the applicant can go in and just yes or no and it takes them different routes depending on the response and those also have become a very popular -- a popular item for our applicants. We also have hard copies of those, but they are not as fun as doing it on the computer. So, from October 1st of 2010 to June 30th -- this is so far in our fiscal year we have -- we have received 28,112 telephone calls across our front counter. We have issued 4,832 permits and performed 9,007 inspections. So, it has been a busy time in the development services division. We have assigned 232 new addresses and issued 201 PW -100s. The PW -100s are -- are an address verification that applicants have to -- have to get from the city as their application is going through the process. They give us the opportunity to verify that it's accurate to the grid and that sort of thing. We have also completed 89 water and sewer assessment reviews and collected 2,017,506 dollars in water and sewer assessment revenue. With the addition of the Accela system currently we do invoicing for permits for plumbing, electrical, mechanical permits, whereby applicants can call in and pull a permit and not have to pay for it right away and they get invoiced. As you might imagine with a process like that it's pretty Meridian City Council Workshop August 9, 2011 Page 23 of 55 labor intensive administratively to -- to, then, have to generate invoices and, then, follow up on the collection of those. With the Accela system we are going to be able to automate that entire process. The system would be available to our applicants 24 hours a day, seven days a week, 365 days a year. So, it's a matter of them getting online and being able to take care of it. So, we did plan on phasing -- phasing out the invoicing system once we get -- kind of get the bugs worked out of the Accela system. We will talk about that in a little bit, too. So, the permits will, then, switch over to a pay as you go basis, which technically when you read the codes that is how they should be. I mean a permit is not valid until it's paid for, so it gets us in line with what we should be doing and one of the biggest benefits it's going to save the city time and money by implementing an automated process. So, the Meridian - Victory Road gap sewer project, this is the sewer that connects Meridian Road going east on Victory Road over to -- I believe it's about -- almost a half a mile, isn't it, Scott? This was a project that had the Cavenaugh Subdivision completed they would have completed that gap, but we all know what happened to that subdivision and so we ended up with this -- this gap in our system. It was kind of a integral line -- it was a very important line, we had a lift station that had the line been developed we could have taken the lift station off line. It's also got a diversion structure that had to be built, which diverts the sewer in different directions to two different trunk lines, so it was an important line for us to get done. Through efforts of Scott Steckline and Tom Barry and myself, we spent several hours meeting with different developer groups and trying to pull a project together to where everybody would contribute their proportionate share of the cost of completing that line. We did -- we did get them to help fund that and construction was completed about two months ago, I believe. One month ago. So, there is a process right now due on contract close out and we are going to do a final balancing and reconciliation of the accounts and make sure that all the monies are distributed adequately. So, this approach -- because we did -- did pull it together during a down time in our economy -- certainly prices, construction costs, were lower, it saves the city and the developer community thousands of dollars in temporary infrastructure cost. We were able to take that lift station off line, we were able to get that diversion manhole done and we are now positioned to where new growth out in the south area -- we are going to be able to take it on without any problems. Warranty surety program. This is one that I'm sure you're very familiar with. It was a -- it was a process that -- like no other that I have been involved in. It was a very interesting process. Development Services staff was -- was involved in -- in the development of the proposal. There were 36 meetings, work sessions, that we -- that we attended. There is the breakdown of the meetings. Six of them were in front of you guys, as you know. So, that was a good project to work on and, then, I believe that ended up right where we needed to be. So, I appreciate your -- your support on that. Building Services execution rates on our budget. Now, this is just the Building Services fund. It's the only one that I really have control of. We -- from fiscal year 2008 to fiscal year 2011, year to date, on our personnel expenses we have had an average of 82 percent execution rate and on the operating side of things during that same period we have had about an 80 percent average. So, we feel like we do pretty good. We are pretty frugal with the money that you have given us and this quote in the bubble is -- is a quote that Tom Barry came up with, it's kind of become our mantra in all of our business operations meetings that we have when we go over Meridian City Council Workshop August 9, 2011 Page 24 of 55 budgets. So, Accela, we are approximately two months behind schedule on Accela. It has been a challenge. We have spent countless hours working with our -- with our IT department and our consultant that was hired to do our set up. We -- we attempted to convert our existing PT Win database, which is -- was the program that we were limping along with for years. Many hours were put into that by our consultant, as well as our IT staff. Mike Tanner, the guy -- I think he spent -- he spent probably in the neighborhood of a hundred hours just trying to do data conversion of that database. In the end it was unsuccessful. They could not get -- get it to convert properly. It wasn't -- it wasn't reliable. It wasn't accurate. We just felt that it was not -- not something that we could live with and so we threw the towel in on that and IT is going to keep PT Win -- at least the database up and running through the sequel server. They are building an interface for it to where we will be able to go in and access that data and pull it up for record -- you know, pull up historical records and that sort of thing. But the decision was made to start fresh and go with new data and not worry about the historical data. So, the first proposed go live date was -- was somewhere in the end of May. We finally ended up going live on August 1st. So, about two months behind there with our go live. We have -- in the, what, week and a half that we have been running with it, it's -- it's given us some challenges. There is -- there is a lot of this, things that are a lot more difficult to do in Accela than they were in PT Win. A lot of bugs to work out, but IT's working with us, we do have representatives from Accela on site that have been working with staff. We -- at that same time we rolled out the mobile office for the inspectors. These are the tablet PCs that the inspectors have in the field that they enter the information right in the field on the status of the inspection. It's -- it's linked directly to the database, so live information gets exchanged back and forth. So, you know, it's a feature that we -- that we really had been encouraged to get from our applicants for several years. The beauty of this is that applicants are going to be able to know the status of their inspections right away, instead of having to wait for the inspectors to get in at the end of the day, enter it into the database -- it might not be until the next day that they would have the information. So, able to apply on paper permits. Coming soon is the citizen access portal and this portal is the -- the module that will allow our customers to be able to submit and track their applications online. Once they register into our system they are going to be able to see the status of their permit, they are going to be able to see where it is in the process, they will know right away the results of their inspections. They will be able to get results right on their smart phone or an e-mail or a text or however they are -- they choose to receive the status. Electronic plan submittal and review I mentioned. This was a -- a new feature that Accela rolled out. We are -- we are getting it included in our package at no extra cost. This will allow electronic plan submittal directly from the consultants. We will be able to do the review electronically and, then, it gets remitted back to the -- to the design consultants electronically. We will be able to red line up the plans and there is versioning control and so we are looking forward to that. So, again, they will be able to check their permit and inspection status 24 hours a day, seven days a week. Public Works expo. This was a real fun event this year. We challenged our staff to come up with that new innovative ideas for participation and Christina Hanneman came up with an idea that we try partnering with Home Depot and Home Depot took the project on, they thought it was a great idea. Christina had the idea that we could create some -- some little permits -- kids would Meridian City Council Workshop August 9, 2011 Page 25 of 55 come and they would apply for a building permit, then they would build their project and, then, they would have to get an inspection of it and, then, get it signed off and so Christina had that project running out on the -- on the plaza and it was -- it was widely popular. There was -- we had kids lined up all along the sidewalks, down the sides -- it was a lot of fun. We also had tables set up to where we were passing out information regarding building safety and all kinds of different things. We had -- Terry was there signing people up for the -- the Poop Scoot, little short run that we had. It was -- it turned out to be a really good event this year. It was -- there was more this year than ever before. The cool thing is we had 89 percent of our development services staff participated out in the lobby. We also had -- the rest of them were back in the office keeping things running. Paint The Town. This was a Saturday event and we ended up with 56 percent of our development staff out there on that Saturday morning painting this house for this resident. It happened to be the house that was featured for the Paint The Town event this year. Channel 7 was broadcasting live from the -- from the home. Just a very sweet lady that baked cookies and did all kinds of cool things out there for us and she was just very moved by -- by the efforts of everyone. The field survey, this was a surrey that Brent Bjornson does, where we get out and we kind of do some follow-up with applicant, customers in the field. He touches base with -- with five contract -- contracted building disciplines, the structural, electrical, mechanical, fire and plumbing, he will pick five jobs, he will go out, he will talk to five contractors in each of those disciplines. We have a survey that we have prepared that will answer the questions -- there is a scale from one to five -- give us a rating in those disciplines and as you can see it's something that we have been doing since 2005 and happy to report there that the line -- our -- our satisfaction just continues to grow. This year we did experience an 800th of a percent drop -- I don't know where that is, but pretty insignificant. The important thing is -- I believe is that you see that there is an evening out of satisfaction. In those early years we had some disciplines that were -- you know, there was less satisfaction with some than others and over the years through the efforts of Brent and others we have got pretty -- pretty even distribution of customer satisfaction in those -- all five disciplines. I brought some statistics for you. This is residential and commercial dollars values since 2007. You can see there -- the good thing here is that the commercial is on a little bit of an up turn. We have projected these numbers out. They are calendar years. We went ahead and did a straight line projection to the end of the year and we do show that we are estimating that residential is going to lag behind about 1.4 percent from last year, but the commercial is -- we are projecting to be about 36 percent ahead of last year. So, it's encouraging news. At least we are going in the right direction, albeit slow. These are some statistics that we pulled from the Idaho Construction Report. There is a group that pulls information from all jurisdictions in the state of Idaho and these are -- these are some numbers I know that the Mayor's been interested in during State of the City and times like that, so we thought it would -- it may be interesting for you to see these. This is a comparison, Boise, Meridian, Ada county, Caldwell, Nampa, and Canyon county. Meridian's numbers there are in the -- in the fuchsia color. This is the total construction value, so this is all permit activity. This next slide is the commercial values and these are -- in all of these slides where we have used these statistics they are calendar year numbers through June that-- excuse me. They are total numbers, except for the last year where Meridian City Council Workshop August 9, 2011 Page 26 of 55 we are through the month of June. So, you can see we have kind of pulled ahead of the pack there in 2011. Residential construction values. I don't think there is -- there is any confusion there. It's -- you know, Meridian is the place to be. ACHD impact fees. These are all things that, you know, we kind of looked at just to look for any oddities, but everything seems to be very consistent in what we are seeing. These are the impact fees that we have collected through June, comparing the year before to 2011. We do see that areas north of 1-84 were above the previous year for the same period of time, but areas south of 1-84 is lagging behind. And you can see those numbers there. Land development statistics -- as I mentioned before, the capital projects is something that we -- we implemented in 2007. That's the yellow portion that you see in the -- in the grass there. So, as we have gone through the years we have increased the number of reviews that we have done of city projects, but this graph represents total -- total projects in a stack graph. So, again, you know, it's with the inclusion of the city projects we are -- we are tracking about 2002 numbers, roughly. 2001. 2002. These are the assessment fees dollarwise that we have collected since 2001. You can see our big spike in our residential that we had in 2005. Again, you can see the little bit of an up turn in the commercial activity from 2010 to 2011 and, again, these are projected numbers, just straight line projection to the end of the calendar year. Challenges that we see coming ahead. The one that's first and foremost in our mind is the creation of a new community development department. There is not a member of my staff that's not excited about this. We are -- we are very much looking forward to the creation of this department and taking -- taking our activities to the next level. The next thing is this is the year for renegotiating our professional services contracts with our inspection services. We do plan -- we have got it calendared out to be before you probably the workshop in September and, then, hopefully, for final approval on September 20th. That way we can have these things in place prior to October 1, the first day of the new fiscal year. Coupled with that -- the contract is -- is something that we have been talking with our contract inspection team. It's becoming a real hot button issue, as is our fees -- our building permit fees. We have not had an adjustment in our fees in a number of years and with the contract percentages that we have in our contracts, coupled with the lower fees, increased cost of gas, increased cost of insurance, a larger city to have to traverse across when you're doing your inspections, it's becoming more and more of a challenge for our inspection team and so they certainly have proposed some -- some new things to us that we are going to be talking with them about and we will bring those proposals forward to you. We also have -- we are going to be negotiating our renewed contracts for our QLP services and that's the qualified licensed professional engineer. That's the process that applicants can take instead of going through the DEQ process to get their -- their sanitary sewer and water systems approved. We also plan on publishing a Development Services Annual Report by the end of October of this year, just to kind of summarize the activity for the year and we also plan on publishing a newsletter, first issue hopefully January 1st of 2012. We also are going to continue our ambassador outreach program. We have realized the value in doing that look forward to -- to the next -- the next group that we will be meeting with. As I said earlier, all permit technicians to be certified by December 31st. Terri Ricks is going to be attending the URISA NENA training in -- Louisiana -- Meridian City Council Workshop August 9, 2011 Page 27 of 55 De Weerd: So what's that mean? Freckleton: I knew you were going to ask that and I wrote it down just for you. De Weerd: Just thought I would ask. Freckleton: Urban Regional Information Systems Association and the National Emergency Number Association. De Weerd: Exciting. Freckleton: It is exciting, isn't it. The importance of that is that it is tied in with emergency management and it brings consistency to the way that addresses are assigned and the way we work with our emergency services. So, it's valuable training. And that brings us to the end. So, I would stand for any questions or if you have any questions of my staff I'm sure we would be happy to answer those. De Weerd: Thank you, Bruce. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: No question, just a comment. Very very good for you and your staff, Bruce. Very fine. Freckleton: Thank you. Bird: You're doing a great job. We appreciate it. Freckleton: Appreciate it. Rountree: Madam Mayor, the same comment from me for Bruce and your staff and hearing that Christina is leaving, it's too bad that I won't have her to run into anymore, but -- Freckleton: You might run into her out on the road somewhere Rountree: But, anyway, you guys do a great job and we appreciate the effort and this has been kind of an interesting year for you with things picking back up and you have done a great job keeping up with it. Freckleton: Appreciate it. De Weerd: And I would like to express my appreciation as you had mentioned in your presentation over the last couple of years you have really been stepping it up in Meridian City Council Workshop August 9, 2011 Page 28 of 55 customer service, it's reflected in the charts that you showed us tonight, but it is really nice to be in a position where you get very few phone calls, which I always appreciate, but even those that you get you do take the time to understand their concerns, you respond in a very thoughtful and timely manner and that is greatly appreciated. People want to know that they are heard and you do have a good reputation of sitting down and trying to understand what the issue is before you offer a solution that in some cases is very relevant, but, you know, if you didn't listen it would be totally irrelevant and I think that's what people are looking for, so thank you. Freckleton: Thank you, Mayor. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would only add that for some reason I occasionally get comments from people that are your customers and their impression is that compared to other cities we are great. So, that's you and your staff, everybody that's working with them and the community out there is appreciating what you're doing, so -- De Weerd: And I think that Brenda was -- is very quick to offer the survey that the Boise Valley Economic Partnership did of all of the stakeholders in the Treasure Valley and rating their experiences with the various cities and we were well above all of the other communities and in some cases on a scale from one to ten five points ahead of other communities. So, that just goes to show the level of professionalism and level of service that you're providing both in our planning and our building departments and greatly appreciated and a great team effort. Hoaglun: To comment, Madam Mayor. Yeah. When you rolled out those calculators I went online and tried them out right away and I was really amazed by them. That was really a neat neat thing. One thing I'm worried about, you talked about how enthused they were about, you know, communities development services and I looked at them and none of them were enthused when you said that, so I -- I'm hoping that, you know, they were just masking their emotions at the time. De Weerd: But they got your back. Freckleton: Yes, they got my back. Yeah. And I have theirs Hoaglun: But thank you, Bruce. Freckleton: Thank you. Appreciate it. De Weerd: Thank you for being here this evening. We appreciate it. D. Planning Department: Fairview Avenue Access Management Meridian City Council Workshop August 9, 2011 Page 29 of 55 Plan - Review the Draft Plan for Fairview Avenue Including Future Driveway, Median, U -Turn Locations and Adoption Timeline De Weerd: Okay. Item 6-D is our Planning Department. I will turn this over to Caleb. Hood: Thank you, Madam Mayor. I think for this presentation I'm going to sit over here at the staff podium for just a little while and allow Lisa Applebee, the project manager at ACHD, to take the podium. De Weerd: Hi, Lisa. Hood: While she's getting settled in I looked and it's been since February 22nd since we really discussed Fairview in any detail and the Fairview Access Management Plan. Lisa was here in February and we talked about this project. This project has been ongoing for three, four years now, something around that timeline, and we are back now to kind of -- we think we are getting towards conclusion and so we wanted to talk to you about what's happened within the last six months, even the past year and, then, going forward to the next three, four, five months. So, with that I will let Lisa go and, then, we are going to talk a little bit and, then, I will come back here and we will go through those next steps. So, Lisa. Applebee: Caleb, thank you for the introduction and thank you, Madam Mayor and Council for having me back to update you on the access management plan for Fairview Avenue. As you will recall -- make sure I have my planner handy. As you recall, the Fairview Avenue Access Management Plan is just part of the larger concept design that's been shelved, but we want to take the access management plan to completion and adoption and implementation, so that we are on the road to our long -- our goal, which is that long term, long range transportation plan to improve the mobility and safety throughout that Fairview corridor from Orchard Street on the east side all the way to Linder Road in Meridian. Just a refresher, access management, the point of it is is to improve that traffic flow and safety by regulating, changing, or combining accesses to and from Fairview Avenue in this particular case. The specific components of the access management plan include the half mile signal spacing, medians with u -turns at the intersections, the three-quarter movement turns, right in, right out and left in between signals, the circulator -- or more complete circulator network, that includes frontage and backage roads that allow access to those north -south roadways and, then, to signalized intersections along Fairview and, then, limiting the access points through development and redevelopment, consolidating, eliminating and also requiring the cross -access that is another opportunity over time to improve access design and site layout, again, improving access and safety along that corridor. A refresher again about what's in the plan, the specifics of what's out there today, 494 accesses along that entire eight and a half mile corridor. You see the first four roads are Meridian and in the Linder to Meridian segment you have the highest number of accesses of 67 of all your segments. The plan would take that down optimally to 16 over time and, then, you can see along the road the breakdown of those types of accesses in that segment and each Meridian City Council Workshop August 9, 2011 Page 30 of 55 of the following segments. So, what are the benefits of access management? It's all about those conflict points. At those unsignalized intersections 36 conflict points, at a signalized intersection we have 22. If we take that three-quarter movement we reduce that down to six conflict points. Much easier for the traveling public to deal with, respond to, and that includes pedestrians and bicycle safety. We have examples of bad access management today on this corridor. This is in Boise. Meridian has their own challenges. And, then, we have some good examples in Ada county and this particular one is an entryway with a median. What are the benefits? The benefits to the motorists, safety, less congested roadways, less delay. To the taxpayers -- accidents are expensive. There is also the indirect effects of congestion on the roadway and air quality of the environment. Businesses. Traveling public will prefer to access businesses where it's safe, not a lot of delay. Pedestrian, bicyclists. As we know, this corridor has had accidents. This will reduce those conflicts and improve their safety. And the environment, again, related to that congestion and delay, more idling, more air pollution. Our next steps are to visit with the Boise city council August 24th and, then, visit again with the commission on the 24th, bringing up the same issues with the city council and the commission and asking them to review it. The -- taking it to the public September 24th and, then, the joint agency work session that we are working on planning for October 27th and at that point we'd like to present a draft agreement or memorandum of understanding that redefines each agency's roles and responsibility as far as implementing the plan. We really -- staff, your staff, Boise staff, ACHD -- we have been working really hard to make sure this isn't just another dusty study sitting on a shelf someplace, we'd like to see it implemented successfully to see that over the long run this corridor is a much better functioning corridor and safer -- safer and better for everyone, traveling public and businesses as well. And we have had some discussions about one joint meeting or two. Right now the director and commission are thinking that it may be of benefit to all of our customers to have a work session where we have the opportunity -- the agency -- elected officials have the agency to discuss in detail the agreement, the plan, and everybody's roles and responsibilities and, then, in the public hearing setting look at adopting -- officially adopting that plan and the agreement for MOU however we decide to proceed and we think that that gives the public the opportunity to visit with all the agencies that will be implementing the plan. And I will open it up to Caleb. I know he wants to just touch on this and talk about the points that he's been working on. Hood: Madam Mayor, Council, I think you all have been working with Jaycee -- and thank you, Jaycee, for trying to get calendars for that October 27 date -- or I think it was couched as late October, early November. The last meeting that I was at as a team meeting, we thought that would kind of be a joint public hearing. It sounds like maybe that's not the way it's going to go, but I think this -- this approach could work. It is just different than what we had talked about. So, I don't know exactly how that MOU or whatever agreement we have after this work session will play out. I do have some concerns, a little bit, about having all three agencies adopt at different times and maybe hearing different things from different members of the public. I do think there is still some value of having a -- a joint meeting where we can hear from the same constituents. That way we aren't doing one thing or making one change to the plan and Meridian City Council Workshop August 9, 2011 Page 31 of 55 ACHD may or may not do the same thing and Boise. So, I think we can work through that. I just did want to alert you, because I have talked to you about this a couple times now. It does seem like we are going to go a little bit different direction, but I will continue to work with Lisa and Karen Gallagher at Boise city and you all on figuring out something that works for all of our agencies to move this forward, so -- Lisa, did you have anything else right now? Applebee: No. I would actually open it up to questions, comments, and a viewing of the road plot, so that you can get a better feel for what it really means to adopt this plan. De Weerd: Thank you. Council, any questions? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Caleb, I appreciate your last point, because in reading and listening to Lisa I'm confused where we are going. It looks like ACHD is to going to move forward with the draft plan in August and present it to the public and I don't know if that's a public hearing or what the intent is and, then, you're going to look at another couple months and, then, we are going to have a joint work session and an adoption process for the plan and I don't see in there where there is a unified public hearing. I don't know if that's -- that was my understanding what was going to happen. I don't know that the plan necessarily has to be one size fits all. There could be things in the plan that are different for Meridian, as Boise, or a combination. So, I'm not necessarily saying we need a joint hearing to have everybody on the same page. That would be good, but the hearing results ought to reflect what the public input is, as well as what our input is and I would hope that ACHD will respond to that varying input when they ultimately adopt the plan, because I believe the plan is their plan and they will be adopting it. We won't be adopting it per se, we will sign some kind of memorandum that we agree or -- Hood: That's part two of this presentation, Councilman Rountree Rountree: So you're going to tell us where we are going to go with that? Hood: Yes. Rountree: All right. De Weerd: Any -- Hood: And I could tell you now if you would like Rountree: Sure. Meridian City Council Workshop August 9, 2011 Page 32 of 55 Hood: So, I do envision us probably doing some agreement saying we are moving this way. I do envision us also making some changes to adopt sections of this or parts of this AMP within our Comprehensive Plan, as well as making some changes to city code, so we can actually enforce it as we see new development applications come in. I have a handout that I will give you. I do want to run through the roll plot real quick and, then, I have a handout I will give you that has all of our different types of applications and our process for will the AMP apply to them or won't it and -- and some of the policy changes that will need to occur at the city should we choose to adopt this AMP, but -- so, the short answer is, yes, we will adopt the plan by reference in our Comprehensive Plan and pull parts of that out to fit in city code as appropriate. De Weerd: Other questions or comments at this point? Zaremba: Madam Mayor, just a comment. Lisa, you're probably aware that on Friday morning the Meridian Chamber of Commerce is sponsoring a meeting about what ITD is doing on exactly the same subject along Eagle Road and whatever public comment would come forth on September 14th, to ACHD you might get a fore message of that Friday morning. I'm sure you're welcome to come if you haven't already been invited, but it will be on a similar subject and I'm sure it will be a fore taste of any other comments that Fairview would get. De Weerd: Well -- and I think also it's a -- it poses -- it's going to frame the issues that come out of these corridor plans that have a real time delay between the planning process, the communication that gets -- that goes behind all of that activity and even the public outreach to implementation, which can be a decade later and by then memories are gone and there is a lot of concerns about accesses being closed. A redesign of the original corridor expectations, which one of our issues with the medians being changed and the u -turn opportunities with our fire trucks and other kinds of trucks of that size, their safety and the ability to make those curves. So, it is going to be very representative of what this corridor might have been down the road, too. Forgive the pun. Any other question, comment? Zaremba: Madam Mayor? I just would add that to. I have been in many of the Fairview meetings and I think ACHD -- some of those things that to me I see missing from what ITD has presented so far, ACHD is addressing in this. I feel that what has been talked about and discussed at the ACHD meetings is exactly what ITD needs to be doing, so it's kind of both ways, but it will be interesting to hear the comments, but I did -- did want to say I think ACHD has been doing a good job with this plan all along, so -- De Weerd: We thought that of ITD's corridor plan, too Rountree: No comment. Applebee: Madam Mayor, if I can address some of the comments that -- to clarify the public meeting for September 14th is a public information meeting, so we will just be gathering input on the plan, the roll plot, some of the specifics trying to get people Meridian City Council Workshop August 9, 2011 Page 33 of 55 familiar with what that long-term, long-range vision is and, then, the joint adoption meeting proposed -- to determine whether or not, one, we have it, if that's the approach you want to take, the agencies, and, two, one of our goals was to wrap this up, the plan, adoption by the end of this year. So, we hope to have that meeting or adoption by November, December, which will be a challenge for Jaycee to schedule around. I apologize in advance. And thank you, we appreciate so much your participation in the plan. It's not going to work, as you point out, if we aren't all involved early and out to the public often and again and again it appears. I have been notified about the chamber meeting and Terry Little and myself plan on being available on the panel to answer questions. I understand ITD will be there and, then, the Crossroads development has somebody there as well. So, it will be very interesting and educational. We will see what kind of -- we know some of the public response we have heard on Eagle Road and we are either blessed or cursed with the fact that ITD is moving ahead without access management before we are in Fairview and I guess we will find out, but at least the one blessing that I think for sure is people will have a better idea of what it means to implement access management in a corridor when we get around to doing it ourselves and we still are scheduled for the median project right now in a five year work plan for 2414 and '15. Now, the actual sequencing we haven't determined yet and we will be back to discuss that with you, that has been handled -- the median project has been handled as a separate project and we plan on having, again, a robust public involvement process to try to reach out get people involved before we show up with the bulldozers and the equipment, so -- De Weerd: And I'd like to thank you, Councilman Zaremba and Councilman Bird, for your participation in this process. Zaremba: It's been a very fine process. Hood: Madam Mayor? If I may, I will also echo that. We haven't had a policy team meeting in awhile, but I do appreciate Councilman Bird's attendance on that. I think it would be appropriate now, because the main tool within this study is the actual roll plot and I would like to take a few minutes, if the Council doesn't mind coming down and standing around the table. We aren't going to go access by access, that would take too long, but I do want to generally show you the corridor. I would ask that you keep in mind this is a long-term build -out plan. It's not going to happen overnight. If I had to ballpark it I would say 75 to 100 years before you see some of the circulation networks that you see in here. But over time -- over time we will piece in quarter mile by quarter mile and eventually have something that does what Lisa talked about. I would be remiss, too, if I didn't point out real quick that Pearson DeWitt is also in the audience this evening from Parametrics. He's contracted with ACHD and done a lot of the work on preparing the actual plan and this roll plot that we will be looking at tonight. So, if you wouldn't mind taking a couple minutes. And I would ask you, too, to use the microphones. I think we are going to try to keep it so if anybody is watching -- streaming it, they can kind of stay tuned in, too. So, I will turn those on and meet you down here. Thank you. I don't -- I don't necessarily think we need to go access by access. You can see some of the main concepts. So, from Linder to Meridian Road, Meridian City Council Workshop August 9, 2011 Page 34 of 55 the full mile, obviously, you have got a signal at 8th Street at the mid mile. So, long term there wouldn't be anymore signals in the mile. Three-quarter access points are designated with this red kind of symbol there where you can make a left in, u -turns, so you wouldn't be able to turn left out of -- of this property. Just to kind of also follow through with the legend, since there isn't a legend on here, but the solid red would be a curb -- curb line. The blue in the middle is the center median. Yellow is existing center median. Don't pay too much attention to the -- it turned out pink on here. The pinks and the greens are -- if it's dashed it's a future roadway, driveway type. Don't get too caught up on if it says public or private necessarily, but there will need to be some roadway that comes in in some general location here. This is kind of a floating -- is the term we are using, so it doesn't have to go right there, it could do this or come out like that. But the general location where we are getting some circulation of that network. So, that's just probably a pretty good example of the overall plan of a half mile, three-quarter accesses on either side and, then, right in, right outs kind of interspersed between those. I will note there aren't any public roads that are shown to be closed, so there are quite a few public roads that would go to right in, right out with a median, but would not -- there would not be any public roads that would be closed, so you -- this one is -- will need to be corrected on 1st Street, but that's the general -- Rountree: What about the right in, right out on these? Hood: Yellow dots are public access is what the color means on there. It's, basically, commercial are reds, yellow is public, blue I think is another commercial and, then, residential must be -- Hoaglun: So, the blue median line, then, dictates whether it's right in, right out? Hood: Correct. Hoaglun: They can't go left, obviously, or cross a blue line. Hood: Correct. Applebee: And keep in mind that when the median goes in everything pretty much will turn to right in, right out. We will have the three-quarter movements and the signals, but there will be no accesses necessarily closed with the median project. Rountree: The u -turns at what point? Applebee: At the intersections. Signalized intersections. Hood: Yeah. U-turns at signals and, then, the three-quarter -- three-quarter movements as well. So, we slide on down -- I did bring some markers. Again, we are not going to try to go access by access, but if you're curious about something or you see something that looks odd feel free to mark this up, too. Again, the idea is we are Meridian City Council Workshop August 9, 2011 Page 35 of 55 going to go to public with this draft, get some comment from them, too, and just want to make sure you're all comfortable with at least putting this out there to the public, so -- Hoaglun: Before we move on, real quick on this. Lisa, is there any way -- I was trying to think of the city of Boise, you know, Broadway comes to mind, Vista comes to mind, but those are mostly commercial where you have the control with the medians where you have the same thing, but it's -- it's a lot of residential. I'm trying to picture something somewhere so I can wrap my mind around how that works. Applebee: I agree with you, I think Broadway is definitely commercial, but on Vista you have a little bit more mixed use and we have, again, the median on Americana there and that's mostly kind of park on up the hill, a little bit of residential as well. So, this will be probably one of the -- well, longest corridors for sure where we implement access management and, then, it probably had the greatest degree of mixed use as well for a quarter, so -- Zaremba: One of the discussions about the ITD proposal is where there are the u -turns allowed and the limited number of them that there will be, making sure that the intersection is wide enough to accommodate not just a small car making a u -turn, but perhaps something the size of a medium delivery truck -- picture a UPS truck, although they schedule themselves to make only right turns, but size of a -- of a local delivery truck needs to be able to make the u -turns and I believe in our discussions when Fairview eventually is seven lanes that will solve the problem for most of Fairview, there will be -- I forget how far seven lanes goes. I think it doesn't go as far as Linder, but to Meridian. So, we are only talking about from Meridian to Linder where we are not having the seven lanes. So, this is why I say I think the ACHD plan has solved some of the problems that we have yet to resolve with the ITD plan on Eagle, but this does also depend on Fairview being widened to seven lanes to make those u -turns possible. So, I see you nodding your head and -- Applebee: Yes. Yes. Zaremba: Am I getting that correct? Applebee: You are definitely, Councilman Zaremba. You are on point very well, that as a five lane road we will not be able to accommodate those larger trucks for the u -turn movement, they would have to make right turns. However, once the corridor is widened -- as sections are widened, then, the full movement for trucks will be allowed. We are currently laying out the impacts of u -turn pockets now to look at where it makes sense and where maybe it doesn't make sense. Some of the intersections, as you know, have already been widened and we will have the ability to make those full movements for the larger vehicles. However, we are going to be limited initially in some areas. Rountree: With David on your focus group I assume that public transportation in the future regional plan has been coordinated with this. Are there future transit stops or bus lanes to be provided? Meridian City Council Workshop August 9, 2011 Page 36 of 55 Applebee: Councilman Rountree, no -- pull-outs for buses. And that was at VRT's request and we don't specifically have a lane for buses, but we do -- will accommodate their stops and we also are looking at pedestrian crossings, possibly HOCs to accommodate -- they have -- they go one way in the a.m. and the other way in the p.m. and so we want to be able to make sure those pedestrians have safe crossings. Rountree: We also have a community pathway program and there is a -- at least one pathway I recognize here -- yes. Right there. On Parks Avenue. Is that going to be accommodated in any special way? Hood: Councilman Rountree, Members of the Council, we did talk probably two or three months ago -- and I'm going to backtrack real quick. With VRT staff and they do have future bus stop locations on their plan. So, we did look at this plan, invited them over, we coordinated that. They don't show up on this particular printout, but I believe Parametric still has those -- that location in a separate layer here. Applebee: That's correct. Hood: So, that has been coordinated to look at that in the future when there is bus service, we know where those are at and safe crossing, as well as with also pathways coming up to schools, a lot of them correspond like at 8th Street, so you have already got a signal there, but I did look at some of those, the File Mile Creek Pathway, some of those we already have them, kind of signal, but there may be a HOC signal or two that are still necessary. Some of the gaps we did look at in coordination with this, so we are looking at pedestrian as well as alternative modes of transportation in conjunction with this long-term build out of Fairview, too. I will, while there is a little bit of lull, I will also point out u -turns are mentioned and larger vehicles. I see Chief Niemeyer stepping to the table and that's great. Perry, although not in detail, the fire department has generally reviewed this, understand that some of the medians will be mountable, you know, that's kind of one of the things going into this that needs to happen for them, so I just will state that we have coordinated somewhat with Joe before he left and that's one of the general overarching themes similar to Eagle Road and you do need to have breaks in that or -- or places where a fire truck or emergency vehicle can get up on the -- on the median when necessary, so -- has everyone -- it looks like they are going to go back to their seats. I will let you know you can study this in more detail on ACHD's website, too. They have got it broken up into mile segments, so you can pull that up under the project on ACHD's website and pull it up and if you have any other comments -- I know we didn't spend a whole lot of time looking at it, but at your leisure any other comments certainly feel free to ship them to myself or Lisa's connect information is right there on that page, too. Rountree: Just a question on some of these intersections. This one in particular it shows it in yellow, which you said was a public access. That I don't believe is a public road and my question is on these kinds of accesses where you have limited facilities or minimal or no improvements in terms of turning radiuses and that sort of thing, are Meridian City Council Workshop August 9, 2011 Page 37 of 55 those going to be included in this project, so the future development can be tied into them or is that going to be on the future redevelopment's dime? How is that going to happen, because there is a number of those that just aren't very good. This is one in particular and there is several that -- Hood: So, Lisa mentioned that in '14 and '15 kind of this project will be constructed, but the exact phasing of that hasn't yet been determined. In talking with the traffic department staff over at ACHD they are trying to figure out if it makes sense to go section by section or a couple sections at a time or go and make those necessary improvements to widen the intersections here at u -turn movements before we go in and actually drop the median and/or if you do it segment by segment. I can't speak specifically to that one. I did note on the roll plot with some of my changes to Lisa to note that that is not a public -- on this side anyways. That side is a public road, but I did note that that is not a public street, so it shouldn't be yellow, but -- but ACHD will have to acquire some right of way in certain locations and that's been evaluated throughout this whole corridor. There is something like 40 -- 40 or 50 intersections and most of them -- most of them I think -- okay. Thirty-three. Most of them I would say have no right of way needs. You still need to move light poles back and move sidewalks and curb and things like that, but most of them have right of way. There are -- there are some where they still need to do the taper and whatnot and buy corner pieces and that probably is one of them, but -- but traffic services have looked at that and they will accommodate it, so future redevelopment -- it's not dependent on future redevelopment to make those improvements. Rountree: So, my question is if they are doing that and they are acquiring right of way -- Mike, what's the status of the Five Mile pathway and the acquisition of an easement on that south side of Fairview to hook that up? I'll have to look at that. Hood: And I have been working with Jay. Rountree: So, it is here. Hood: Yes. It will -- so, part of that easement will work with some of these homeowner associations to get the easement back here. Rountree: The one I was talking about is this here. Hood: That one I don't think has been negotiated yet. I think that is kind of one of the biggest hold ups we are looking at potentially having to go around over here or back over here, but we are trying to still work with -- I think it's Lithia. Rountree: A signal. Hood: We do need it across -- worst case, though, you could come -- you know, sidewalks will be infrastructure along Fairview to bring back. Meridian City Council Workshop August 9, 2011 Page 38 of 55 Rountree: Just mention that as maybe ACHD can help us get that accomplished, because it would be nice if that was a public road as well. Hood: Madam Mayor, are you okay with me continuing on and kind of wrapping this discussion up or at least -- De Weerd: Please. Hood: -- or at least my part. We talked a little bit about the adoption and implementation, but just to kind of put a bow on it a little bit and just kind of stress a few of the general themes from the AMP. The AMP will allow provisions for all access needs, but to first direct them to the local commercial public roadways and service drives to create a circular -- circulate traffic patterns adjacent to Fairview Avenue, access that allows direct right in, right out only maneuvers to Fairview may be granted if ACHD traffic warrants were met. So, the adoption -- we talked about the timeline a little bit already, adjustment of agency policies. I already mentioned I will also let you know Boise city is contemplating an overlay district along Fairview. I don't think that's -- the city does not currently have any overlay districts, I don't think that's the way we want to go is with overlay districts, but the AMP talks about -- and I have handouts here -- different ways that you can implement the access management plan. Jaycee, would you mind passing those down? I mentioned that our Comprehensive Plan and city code and our ordinances, a big key to this -- and, Madam Mayor, you mentioned the Eagle Road corridor study and that's been sitting around since I think it was adopted in 2005 or '6, something like that, was finally adopted and nothing happened with it for several years. The way to keep this fresh and new and every -- on everyone's radar screen is we are looking at coming up with a GIS layer, so that all three agencies, ACHD, City of Meridian, and the city of Boise, all have access to the same information. When a current planner receives a pre -app request or an application they can pull it up on GIS and Accela, some of what you just looked at there will pop up and you will note there are any provisions that need to be applied to a specific application as it goes into development and review. But even before development and review, preapplications, we are going to have to coordinate early and often with each other to make sure we are on the same page. Does an access need to go into right in, right out, does cross -access need to be provided to adjacent parcels? Is it a public street or are there circulated roads that needs to happen on the back side of the parcel. So, we will definitely need to share tools and coordinate at a higher level than -- than we currently are. I totally think that's possible and we are already in discussions -- it is kind of where we are at in this process is making sure that we have something that we can implement and we continue to work with ACHD staff on that. Just to kind of follow up a little bit more on the winter adoption. What I plan on doing -- I mentioned with the Comp Plan -- we also have a couple of other Comp Plan amendments that we would like to group this with. The Airport Overland study is one of them. We talked about that I think at your meeting two weeks ago and so I would -- I would propose that we do that Comp Plan amendment simultaneously. There is two roadway type projects. And a third one would be a downtown circulator need that I will talk to you more at a future date, but kind of grouping a couple of those amendments all into one for a Comp Plan amendment and Meridian City Council Workshop August 9, 2011 Page 39 of 55 the last thing -- and we don't need to spend time on it, but I would ask that you review it again, if you have some time, is the last page in the handout is our draft proposal of how we would actually implement or when we would use the access management plan. It's more than just this roll plot, but the roll plot is the major tool and it shows where driveways will need to be and what driveways to delay and where cross -access is needed, et cetera. I would point out the notes on this spreadsheet are very very important. Generally the AMP will only apply if it's development where ten trips or more are generated. That's -- that's the same threshold that currently exists for projects in the city where ACHD reviews them. If it's less than ten vehicle trips, ACHD typically sends us a no review or a no comment letter, because the impact is so significant there is no impact, essentially. So, there is no -- basically, there are a lot of applications types where the plan does not apply, except for if it applied previously. So, you come in for annexation and we said you need to build this road here, the circulator road here. Well, when you come in for a building permit you would need to build that road here. We wouldn't hit you the first time with your building permit, you're not hearing that new when you come in for a sign permit, say, but if your original development agreement required it, it still holds true for the build -out process. So, those notes, again, are key in reading this implementation strategy. So, Madam Mayor, that's all I have this evening. If you have any other questions or comments I'll certainly stand for them, but if you can review that and get back with me, that's, again, another huge tool to making this work so thank you. De Weerd: Council, anything further on that? Comments? Bird: I have none. De Weerd: You know, I just appreciate, Caleb, all of the -- the planning and thought that you have put into how the city would interact with the corridor and the implementation and that sort of thing. Do appreciate our two entities working together and making sure that we are all on the same page and that we move forward together in the same direction. If there is nothing further, I would will thank you, Lisa, for being with us tonight and we will move to the item. Rountree: Thank you. E. Legal Department: Solid Waste Advisory Committee (SWAG) Recommendation on the Continuation of the Franchise Agreement with Sanitary Services Company (SSC) for FY2012 De Weerd: Okay. I will turn this over to Ted on Item 6-E under Legal Department. Baird: Thank you, Madam Mayor, Members of the City Council. In your packet tonight you have a one page memorandum from the Solid Waste Advisory Commission wherein they make a recommendation to you to approve the one year automatic renewal at the existing franchise. The commission at your instruction performed a review and they concluded that relying on -- paraphrasing -- relying on first-hand Meridian City Council Workshop August 9, 2011 Page 40 of 55 experience working with SSC in a variety of matters in the last year, that they have exceeded their responsibilities in the agreement and performed above and beyond the manner specified, therefore, their recommendation is that we approve the automatic extension. The purpose -- if you take no action, the agreement is automatically extended. However, the Finance Department last year had some concern that there was no consciousness amongst the Council that that was happening, so for their purposes they would like a motion from you saying, yes, we are allowing the agreement to automatically extend for one more year. De Weerd: Thank you, Ted. And I would agree with the SWAC comments. They have been an excellent partner with the city and great contractor, tending to customer needs and comments. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we approve the recommendation from the SWAC committee on extending the SSC contract for another additional year. Zaremba: Second. De Weerd: I have a motion and a second to approve the contract for an additional year. And, Madam Clerk, if there is no comments or questions, I would ask that you call roll. Roll Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. City Council: Discussion of Meeting Times for Future City Council Workshops De Weerd: Item 6-F is under City Council in discussion of our meeting times for these workshops. I'll turn this over to Council President Zaremba. Zaremba: Madam Mayor, this is generated by a question that I was asked about a month ago and, I'm sorry, 1 forget who asked it and this is probably the first meeting since, then, that we have had all of us in attendance, but the question was something like this: Since our workshops are intended for our interaction with staff and department directors and we try and avoid having public hearings at them, wouldn't it make more sense to have it during the staff's normal working hours. Now, among us it's probably Brad that that would affect the most, but I thought it was a good -- good subject to have a small discussion on. Meridian City Council Workshop August 9, 2011 Page 41 of 55 De Weerd: Okay. I will open this up for Council discussion. Any thoughts or comments? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would -- the time would -- is no problem with me. I would refer to what Brad can do. He -- he has a much better paying job than any of us -- Zaremba: Than any of the rest of us. Bird: So, I -- whatever -- whatever Brad -- I -- and, you know, we got to take into consideration about the public. A lot of the public people can't -- they got jobs, too, to go to and while this is a workshop, we still do ordinances, we do consent agendas, we do all that kind of stuff, which is public -- all of it's public. So, we got to take that into consideration, too, before we get too carried away. De Weerd: And, Mr. Bird, that's true that all is public, but I think if we make a resolution to not put public comments or public hearing type of agenda items on the workshop in general -- now that these are live streamed -- streamed live, whatever, and also recorded, that people can go back and watch them, it certainly puts it under a new light as well. Mr. Hoaglun. Hoaglun: Madam Mayor, just my comment. Since these are only once a month and if they are scheduled at the same time each month, which is normally our workshops usually are, it's something I can schedule in and work around and as long as we have those set times and I know in the future when they are going to be, then, it's just a matter of making it work, so -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I appreciate Brad's comment and I agree with everything Keith said. I think if we look beyond the current Council, we could establish how it ought to work and when we established the workshops it was to do that kind of activity, that -- between the Council and primarily the director and staff to resolve those issues to make Meridian's business more efficient and not to do the business of the public per se and I think if we do move it to an earlier time, whether it's sometime in the afternoon or just after quitting time, whatever the time might be, we might encourage us to get back to that mentality and do that and I know staff would certainly appreciate it and more staff would participate I think, which is also I think something good, particularly if we are trying to have some -- do some succession planning and have some folks that are ultimately going to take on other positions within their departments, as opposed having to show up here three or four times a month at 7:00 o'clock and stay who knows how long getting Meridian City Council Workshop August 9, 2011 Page 42 of 55 here knowing that they could be out of here by 5:30 and home with their families and -- as opposed to thinking they should been here, but they are doing the family things that they should be doing first anyway. But to me I think it's a good idea and I think it might help us get back to why we did what we did in the first place and that was to do the things that we needed to do in a coordinated effort with -- with our staff and to make sure that we know what's going and make sure that they know what our expectations are and we can sit down -- when we first talked about it my idea was we weren't going to be sitting at a dais, we were going to be sitting down in a roundtable shoulder to shoulder and without the formalities and just talking through issues and to me that's where we ought to be. So, I would -- I fully support the idea of moving it to 4:00 o'clock in the afternoon or whatever and keeping the agenda for that -- Bird: For a workshop. Rountree: -- for a workshop and get rid of these these -- everything is an emergency and it seems to me if we have got to be working on an emergency status all the time, we are not doing something right. Bird: That's right. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Councilman Rountree's suggested 4:00 o'clock. I might suggest even as early as 3:00 o'clock. Again, looking at Brad. Council Hoaglun believes if we were consistent about that that he could schedule it that way. Rountree: Be great Zaremba: So, do we need an ordinance change or something -- I believe the ordinance mentions 6:00 o'clock, so would need to change that. Baird: Madam Mayor, Members of the Council, Council Member Zaremba, that's correct. It would be a simple ordinance change and we could have that back -- depending on what month you wanted to start. Zaremba: I see no reason not to start next month and I would say 3:00 o'clock, unless I hear an objection. Baird: And we will bring it back with a waiver of the reading rules and I will make a note for Mr. Nary when he's coordinating with -- with you on the agenda items to pursue those limitations that you discussed tonight. De Weerd: Thank you, Ted. Okay. Any further discussion on this item? Meridian City Council Workshop August 9, 2011 Page 43 of 55 Zaremba: Thank you. G. Fire Department: Introduction to Pipeline and Discussion of Action Plan De Weerd: Okay. Thank you. Item 6-G if our fire department. I will turn this discussion over to our deputy chief and he has -- this is his maiden voyage. Palmer: Yes. He was more than comfortable with delegating this to me to do tonight. De Weerd: I saw the eager look he gave you. Palmer: Eager or evil? De Weerd: It begins with the same letter. Palmer: Well, first of all, let me say it's a real honor and pleasure to be before you tonight, Madam Mayor and Council. This is an issue that I don't believe is new to the Council, but we do feel that the time is appropriate to resurface it and have some discussions. This is a conceptual presentation tonight on the issue of pipeline ordinance, specifically natural gas pipeline and so with that we will begin. So, currently we have two pipelines that are managed by Williams Pipeline running through a large portion of our district. Pipeline number one is a 24 inch diameter that was installed in 1955. The second line is a 22 inch line that was installed in 1971. Certainly there has been some recent tragedies that have been related to natural gas transmission lines and, therefore, because we are in a position to be proactive we feel the time is right to pursue an ordinance that would protect the public, as well as emergency responders. You can see here by the yellow line transecting our district that a large portion of our district is exposed to these two lines. They are well marked throughout the district, so identification is rather easy. You can see that we still have a large portion that travels through fairly sparse populated areas, so we do have some areas that are built up as well. So, during our research since 2010 to present there have been 11 transmission pipeline failures and the transmission lines are 12 inches or larger and they generally run anywhere from 390 psi to 850 psi, which is what our two lines run at and those failures have contributed to 16 fatalities. De Weerd: And is that nationwide? Palmer: That's nationwide, yes, ma'am. De Weerd: Okay. Palmer: The leading causes of the failures are corrosion of the line. Most all of the lines -- particularly in the age range that we are talking about, are metal. Excavation work. Natural forces, which would be flooding or heavy rains that cause erosion, those type of things. And other outside forces. It could be lightning. It could be tree roots Meridian City Council Workshop August 9, 2011 Page 44 of 55 growing into the lines to disrupt it and those type of things. The result of pipeline failures are devastating and deadly. Most recent notable event happened not quite a year ago in San Bruno, California. It was a 30 inch pipe, so a little larger than what we are dealing with. Same operating pressure and it was installed year after the large pipe her was installed. This line failure caused a total destruction of 38 home. It damaged 128 structures and caused eight fatalities. De Weerd: You know, Perry, I think it's worth noting on that one -- and you might be doing that. They had a lot of prewarning and it was largely ignored. Palmer: Yeah. De Weerd: So, you know, it's devastation for sure, but it's -- it's also inaction that -- that you saw that kind of effect. Palmer: Yeah. And I think what -- one thing that the subsequent investigation revealed was -- is a real lack on the part of emergency responders of knowing that that line even existed. So, when there was an odor -- which is a little bit misleading, because generally when gas runs through those lines it does not have the Mercaptan or the odor injected into it, so other than hearing the escaping gas or potentially seeing disruptions in the soil or if it does escape it's going to kill the vegetation, picking up on those subtleties, I'm not real sure where the -- because I heard the reports, too, and read the reports where people had smelled gas. It likely was coming from something other than that transmission line, so -- so, I have a couple quick videos. Jaycee, if you can help me -- okay. I don't always take a technical engineer with me, but I just so happen to have one tonight, so -- Holman: And a cheap one. Rountree: I don't know about that Palmer: And there -- I did receive no promotional fee for this advertising prior to the video that I want to show you. That's not the one either. Okay. Is there any sound that we can play with that? Holman: You probably need a better technical advisor. Palmer: Okay. Well -- and CNN thankfully bleeped all the explicatives out of this. But, essentially, what I wanted to demonstrate is that you can see that the gentleman that's on this balcony is reasonably close to the source of the pipeline failure and the ensuing fire. But the comment that he's making over and over is how hot it is and, essentially, how he can't touch anything on his deck. There will even come a point here where he's going to try to use his garden hose to apparently try to wet down his house to try to keep it from burning and he can't even touch the knob on the water facet or the hose because they are both so hot. The illustration here is is that when we get into showing you what our recommendations are, it will give you a sense that though it's not Meridian City Council Workshop August 9, 2011 Page 45 of 55 preferred to be close to the pipeline, that if we set an adequate distance between where the homes can locate in relationship to the pipe, that the homes will keep the fire at bay or provide protection for a minimal amount of time to allow people to escape. Do the next one, Jaycee. And, again, this is debris that's on the ground. You can't see it real well. But, here again, it's a different point of view. The gentleman that was taking the video is in that green house that's there towards the end. This gentleman that's running the video is probably nine houses down the street. Granted he's wearing street clothes, but I can guarantee you that the turnouts we wear wouldn't allow us to tolerate the heat much closer than what he is, but it is so hot that he stays here for a very brief time and he's got to be probably 300 feet away from the source here, so -- that's good, Jaycee. So, that's just another illustration of how devastating one of these events can be. So, the need, as we have identified it, much of the current pipeline runs through what used to be identified as rural areas. Certainly with the Ten Mile interchange coming into place and these pipelines run essentially right through that interchange, we know that the development is going to occur. So, we want to minimize the risk of having failures, as well as trying to protect the public as much as we possibly can. De Weerd: Perry, I have one other question in regard to the San Bruno one -- is what was the responsibility of the gas company? I mean it was 1956 when it was built. It was an older facility. What is their annual maintenance? What kind of responsibility for making sure that that corridor is safe and do they do regular maintenance -- you know, what is their responsibility. Palmer: Well, their responsibility is for the safety of the pipeline and they do as fair a job as they can, realizing that most of these lines are buried at a minimum of four feet below the surface. So, it is nothing that they can visually monitor and there can be small leaks that would be undetectable with their monitoring equipment. Typically, as I understand it, what they do to monitor the safety of the line is that they will fly over the line on a periodic basis looking for soil disruptions, vegetation being killed off and those type of things and I'm sure they probably have other methods that they involve, like infrared or those types of things where they will visualize the line and try to determine whether there is any issues. Certainly the age of the line in San Bruno was an issue between corrosion and poor welds were the contributing factors to that. The line -- the main line that we have, the 24 inch line running through our district, is comparable in that it's the same age, the same material that it was constructed out of. So, I can't speak specifically to Williams pipeline, other than I know they do quarterly inspections, but whether there is anything additional to doing the fly overs, I can't really speak to that. De Weerd: Just one other question on the property that -- that this runs through -- Palmer: Uh-huh. De Weerd: Did they -- do they own the easement? Meridian City Council Workshop August 9, 2011 Page 46 of 55 Palmer: I believe the easement belongs to the -- still the property owner and it is 75 feet. De Weerd: Okay. Palmer: The width of the easement. And the two lines are generally separated by six to eight feet. De Weerd: Okay. Hoaglun: Perry, before you leave that -- Palmer: Sure. Hoaglun: -- first bullet point, identify a 660 foot consultation zone from the middle. Is that 660 fleet each way or -- Palmer: Correct. Hoaglun: -- total? Palmer: Yeah. From the center line of it it extends 660 feet. Hoaglun: Okay. So, we are talking things I can imagine, a football field each way, including a hundred yards, plus end zones -- Palmer: Yeah. Hoaglun: Anyway -- Bird: Two football fields. Hoaglun: Yeah. Two football fields from the middle, one going each direction. Palmer: Yeah. Hoaglun: Consultation zone, what does that mean? Palmer: Well, essentially, what we would do is that we would develop the GIS map, so that when an applicant comes forwards for any development within that consultation zone, it would -- it would plot within that zone and we would be able to see that. At that point we would involve Williams pipeline, along with the developers, so that we can bring them together and make sure that it's compatible use. There is also -- as I will get into here in the next portion, there are certain types of occupancies that are certainly at greater risk and, again, I revert you back to the videos as to putting yourself in a position of having that type of intensity of fire and trying to deal with the fire, as well as evacuate Meridian City Council Workshop August 9, 2011 Page 47 of 55 people, whether it be from a nursing home or a hospital, people that are nonambulatory, as well as large populations of people that might be in schools or amusement parks or any of those type of facilities. Hoaglun: Okay. Thank you. Palmer: So, we just talked about that where there would be a restriction on developments within 500 feet and, again, we take these measurements from either consultants that have worked for other states or from model policies or ordinances that we have -- that we have been researching. Here is a -- here is a good example. This was a study that was done and you will see that -- that 660 feet consultation zone that we were referring to came from this where a 24 inch line, running at 850 pounds of pressure, gives you about a 660 foot impact zone, if there should be a failure. No residential or commercial building development within 75 feet from either edge of the pipeline easement. Again, this would be our recommendation. We feel that this sets the buildings back far enough that we are not creating a third -party impact that are the main contributors towards pipeline failures, as well as giving people that live in these dwellings a better than fair chance of escaping safely. Other areas of potential regulation. We deal with landscaping, how streets and roads are constructed, standards for parking lots, controls for water runoff, restrictions for critical infrastructure and that would be water treatment plants, power plants, fire, police stations, those type of things and public safety. So, where do we feel we need to go from here? So, what we would like to do and the recommendation that we would like to give Council to consider is establishing a pipeline task force that would include homeowners, developers, public safety officials, other city departments, as well as Williams pipeline representatives to work out the details as to what is an acceptable ordinance. We certainly recognize that there is a public safety issue that, but there is also a big financial potential in restricting development. So, it's finding that happy medium to where we can protect the public, as well as you address the concerns or the needs of the public. So, with that I would entertain any questions that Council may have. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Perry, what's the design life of these pipelines? Certainly somebody has that number. Palmer: Yeah. I don't know what that would be, quite honestly. Rountree: But 56 years in the ground is a long time and I think that's got to exceed anybody's reasonable expectations of having anything maintained and serviceability without some fairly expensive maintenance and it seems to me these kind of go in the ground and they regulate the pressure and monitor the pressure, but I don't know that they ever scope them, x-ray them, or any of those kinds of things on a routine basis. And the reason I ask that is it seems to me that our ordinance ought not to put the cost Meridian City Council Workshop August 9, 2011 Page 48 of 55 of this on the backs of the property owner, it ought to put it on the backs of Williams and the oil companies and gas companies. Not that we shouldn't provide some protection for the public as well in terms of setbacks, but these guys ought to be more responsible to that and the U.S. Department of Transportation ought to be putting the muscle to them to get it done, because I think that this the 11th failure that we have had in the last few years, is telling that the infrastructure is wearing out. Palmer: Well -- and that's one of the reasons why we are bringing the ordinance before the Council is that when you look at the breakdown of what a lot of those causes are, they are preventable. Outside of the corrosion issue and one of the items that we are going to pursue in moving forward is making it a part of development that would replace those pipelines to the current acceptable standards, so that it's a more secure pipe, much like we have seen in the progression in water lines, for example, they used to be wood, then, they were cast iron, now we are seeing plastic, because of the integrity and the life expectancy out of those pipes. They have done similar with these transmission pipelines, as well as lines that move gasoline crude oil as well. So, that would be an area that we would pursue. There is a little bit of potential risk and this is something that the experts would have to convince us that that would be the right way to go is that when you join dissimilar materials you always run the risk of potential failure and as we have seen even with the metal pipe where those have been joined, that seems to be where the problems have shown themselves is poor welds, weak welds with the metal. so -- De Weerd: Pete? Friedman: Madam Mayor, Members of the Council, that's a very telling point that was brought up and one of the challenges we are going to have as we go down this road is getting Williams on board and case in point was the Meridian -Amity annexation here a couple of years back and we had the pipeline bisecting it. We did have the pipeline company at the table. We said, you know, this is your opportunity, you tell us -- this is an annexation, you tell us that you want those pipes replaced and do it now and we will recommend that forward to Council and they wouldn't do it. They said, you know, we are regulated by, you know, the -- our regulations are set by the federal government, the way we operate is -- it's kind of backwards -- is that as development occurs within the proximity of our pipeline you hit a certain threshold and, then, we go back and we do an analysis and, then, we will replace that pipeline if necessary based on our testing, but that's when development gets to that point. Well, first of all, it's illogical. Secondly, even if that development had gone forward and all of a sudden they discovered that they had to replace that pipe, would we be tearing up, you know, the parking lot and everything with that new development just to replace the pipe, as opposed to just missing the whole point that they might not have even had to pay for it if they had been willing to stand up and recommend to us that that development proponent at least participate. So, we do have a challenge that we kept trying to draw them out and draw them out and it just wasn't working. So, certainly agree with Councilman Rountree's point on that, but we do want to include them on this task force and I suspect there may be some legal research that will probably need to be done on this, because it's my Meridian City Council Workshop August 9, 2011 Page 49 of 55 understanding from other communities that they have been engaged and somewhat resistant, so -- Rountree: Another -- another question and it's for Ted and I'm pretty sure he doesn't know the answer, but it seems to me that we are getting into the arena of taking -- if the industry says their 75 foot easement is sufficient and we are going -- we are doubling that for the closest kind of development and, then, we are making it 600 feet for -- 660 feet for consultation and possible prohibition of development, I think we are getting in some areas that -- I don't know if they have been tested, that's my first question and if they have we probably already have the answer, but if they haven't it seems to me that's something that we should have to be real cautious about. Baird: Madam Mayor, Members of the Council, Council Member Rountree, that is certainly something that came to mind as I began to hear about some of these proposals and it's certainly something that we are going to have to research before we bring back any recommendations. I'm not aware of whether it's been established that these type of restrictions do constitute a taking, but even if it hasn't been, we will want to make sure that whatever the task force brings back and recommends isn't going to end us up in court. Rountree: Yeah Baird: I think that it's the direction I'm hearing from you. De Weerd: I think in many cases you're rendering public or private property undevelopable and I go back to -- I don't know what the original conversations were on that Amity and Highway 69 piece, but I don't think we were even talking this kind of setbacks or -- Friedman: Madam Mayor, Council Members -- right. At that point, of course, we didn't have an ordinance in place, we didn't -- we barely had some of the information in place. With regard to the takings issue and the use issue, one of the things we want to explore is that the 660 feet is a consultation zone. That -- that sets up kind of a trip wire that says, okay, you have got this pipeline running through your property, which is an easement. Williams doesn't own the property, so we have an underlying property owner who is granted Williams the easement to utilize their property and 75 feet of it to run their pipeline. So, within that 660 feet, then, we need to say, okay, now we have some special concerns depending upon what it is you're proposing. So, how can we design a project where maybe we put the parking lots out there, if it's a large commercial project, move the place where people gather away -- farther away from the pipeline, still allow the parking lots, open spaces, pathways -- you know, things like that to utilize the area both of the easement and adjacent to that. Some of the things we have not really talked about, some of the things I have been mulling over is how do we allow for -- you know, like a residential subdivision, you know, well, maybe you can arrange your open space along there. How do we allow for them to be transferred, because right now on most subdivisions we grant a gross density basis anyway. Something we haven't talked Meridian City Council Workshop August 9, 2011 Page 50 of 55 about before -- this was an idea that came to me the other day in one of my moments of kind of pondering -- was the city currently doesn't have a density average -- or lot save averaging provision in our code. Some codes have that saying, you know, if you don't exceed the overall density allowed for your property we will allow you to go below the minimum lot size provided you don't go below a certain percentage or above a certain percentage. Maybe there is something like that that we can utilize as part of a tool. Another thing is that we do know of a couple communities recently that did adopt these ordinances in our neighboring states and it might be worth touching base with their prosecuting attorneys or someone to say how did you address that takings issue. They have tools that we don't have in this state, particularly my home state of Washington, they have an Environmental Policy Act, which means you have to mitigate -- if you identify a hazardous situation you have to mitigate for that and, in fact, we have the ability to further restrict you. We don't have that tool here. But I think it's worth talking to legal counsel over there to see how they address the concerns that were rightly brought up about takings, but we think there are ways that we are just not going to render these swaths of property totally unusable, but have to start thinking about how we use them and how we organize them the uses of a development in those areas. Kind of a long winded way around your concern that certainly I think there is ways we can address that. De Weerd: And it does go back to it at whose cost, you know, and that's another question to be pondered. Niemeyer: Madam Mayor, if I may just answer a few questions that I have heard being discussed. Councilman Rountree brought up the issue of other inspections that do take place and periodically they do scope those pipelines, look for corrosion, for damage. However, trying to get the information from our public utilities partners on their planning and their processes is like pulling teeth literally. Idaho Power is no different. They don't like to share that information for security reasons. On the federal level you talk about flexing the muscle, because of all the natural -- or all the disasters that have taken place there are -- there is federal legislation being looked at. However, it's only focusing on the pipeline companies sharing their emergency preparedness plans with the communities. It does nothing to talk about the destruction and the degradation or anything else of those -- of the pipelines, so if I could today with what little muscle I have, if I could flex it to the companies, I would certainly do it in a heartbeat to get that information. I think what's happening is because there is no federal regulations to these -- for placement, it's come down to local officials making decisions on how they are going to react in their community to the pipeline. The concern I have with the sliding mile as Pete alluded to is all based on density and it doesn't happen until the density is there that they look at the sliding mile they call it to where they are going to replace it -- by replacing sections. That's exactly what happened in San Bruno, they had a section put in and welded, the weld failed, and, then, corrosion happened. I'm not sure about the issue of what was detectable or not in San Bruno. I think that the smell of gas, as Chief Palmer alluded to, was from something different. This does not smell. There is no way to detect a leak and so this builds up and builds up and all of a sudden something happens. I think the issue of land taking certainly -- we have talked to Meridian City Council Workshop August 9, 2011 Page 51 of 55 Bellingham, Washington, Watkin county, Washington, I contacted city officials in Lynnwood, Washington, which is right next to where I grew up. Lynnwood used to be a very rural part of Washington, it was called Hillbilly from the folks in Seattle. The pipeline got put in in the 1950s, they built one of the biggest malls in the northwest about 50 feet away from the pipeline and now all of their officials are kicking themselves for not addressing it sooner. They have a great concern that if anything happens on that pipeline in that mall it's going to devastate their community. So, that is one of the things that's driven us to look at what are model ordinances out there, how can we work with developers and Williams pipeline to create something that keeps our community safe, but also allows for development. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I have built up about three comments that I would like to explore. The first one I probably have the answer to already in that we may not be able to control certain things that the Williams company does, but my suggestion would be -- I know there are ways to have pressure sensors in these pipes and there probably should -- if we could require it -- and I would say you need to have a valve every mile and a pressure sensor every half mile and if the pressure in that pipe changes unexpectedly by more than ten percent, the valve shuts it off, so that you're not continuing to fuel a gap that's -- so, I think my answer is we can't control that, we are going to have to get the feds to do something like that. All right. So, my second one is whatever development might occur in this area, can we require as part of whatever ordinance we write that established that the developer is going to have educational signs around, even if we do make it a parking lot or an open space of some way, there is a sign there that says if you notice the grass turning brown or you notice a bulge in the earth, call some number that, you know, there is a pipeline under here and that that may be a problem and you won't smell it, just establish education sites. I guess the other is a question. I know Chief Niemeyer in particular has been involved in a regional management plan -- I'm not sure that's the right name for it, but I'm assuming that we have a regional response thought up that as long as it stays rural -- and I know what we are trying to do now is develop how to prevent a problem if it's -- if it's really urban, but I appreciate that, but it makes me also think that maybe Meridian shouldn't do this just by ourselves, we need to be talking to our other communities nearby and all have the same ordinance I would think. Just a thought. Niemeyer: Madam Mayor, Councilman Zaremba, ironically we don't have a county disaster plan for pipeline failure, because a lot of the data and information we need to have in order to be able to respond to that is not available and not made available at -- even at the most forceful request I guess you could make, for lack of a better word. So, it's how to know how to respond to something if you don't know how it's going to react. We do know roughly what the pressures are in the pipe, we do know roughly what the blast zone would be. And, then, it's all dependent on where that actually occurs. As you saw in the video you saw the first house was on fire, the other nine weren't. Meridian City Council Workshop August 9, 2011 Page 52 of 55 However, within a short period of time that spread quickly that devasted the entire block. So, knowing how to respond, that's -- it's almost a day by day thing based on wind conditions and everything else that we face when something like this happens. One of the crucial things that would be looked at and part of the discussion that we just had regarding high risk facilities, if you will, is how do we evacuate those people. If we are talking about a nursing home being built within 200 feet of the easement, we have a whole lot of unambulatory people, how are we going to get them out if we can't even get in and turn out because it's too hot. Those are the questions that come up on how we are we going to do this. Are there other plans -- earthquakes, dam failures, we can kind of predict and analyze. These are a little bit different. Palmer: And I would say that in this particular instance in San Bruno, that took 67 engine companies, eight ladder companies, two air droppings, airplanes, and a helicopter. That's at least double the resources that we could muster in this valley and they did not have a nursing home or a high consequence occupancy, like that to have to deal with as well. It was single family homes and evacuating those people is -- as well as utilizing police as best they could, they could tolerate the heat to help get those people out. So, you throw a high consequence facility into the -- I'm sorry -- and you just cut your resource capabilities of containing that fire significantly, so -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Instead of us trying to solve this tonight, I think what the chief and chief are after is do we think the task force is a good idea and I personally think that it would be worth the effort. You have heard some of our concerns and there are probably a whole bunch more, but I think the group of people you could pull together will identify those and we can evaluate any recommendations. De Weerd: I would also suggest you have some private property owners on that. I -- they have got to give that additional perspective and -- and maybe even some lawmaker staff at the federal level it begs the question as to what responsibility do these gas line companies have for notification, you know, any of that and what is our enforcement tool to any of that, we have none. So, it's -- it is the chicken and the egg. And this is a property right state, so I think there needs to be some -- identify who those stake holders are and make sure they are at the table. Palmer: Madam Mayor, Council Members, that would be a great idea, something we have talked about from -- in our initial discussions. One of the things that we will need to do and I will need to work with the city attorney's office is we were trying -- the aerial that was in the presentation tonight was put together by Brian McClure of our staff, just based on an aerial and, then, eventually tracing where the pipeline probably is based on, you know, from the best available information. According to him, Williams pipeline hasn't really developed the shape files yet for GIS. They are developing it. They would share them with us if we signed a nondisclosure agreement, which means we can't use Meridian City Council Workshop August 9, 2011 Page 53 of 55 them in any public manner whatsoever. Now, the one thing that -- and I'm going to have Mr. Baird look at the agreement again after I resurrect it, because the last one wasn't acceptable -- is that if we can at least get the shape files, we might be able to at least identify the affected property owners. And we also have a couple of developers that we have worked with who have -- their concept plans approved by the city with the pipeline going right through their property. Meridian 118 comes to mind. They said that when they designed that they are used to working with gas pipelines down in their hometown of Las Vegas. We might want to include them as one of our stakeholders, because they have got a fairly significant development they are planning on, but those are still the kinds of information pieces we need to gather and, then, again, as you have suggested, just finding out what those federal regulations that Williams keeps throwing up at us are and seeings as how we can, you know, kind of merge those or at least identify what to hook in with what they are dealing with also. De Weerd: Now, Perry, I would write a note card to Joe Silva and thank him for what he passed on to you. Palmer: I will put it on the list. De Weerd: Any further comment from Council? Bird: I have none. De Weerd: Okay. Thank you. We appreciate your first assignment. That was a real easy one, uh? Yeah. Item 7: Ordinances A. Ordinance No. 11-1487: ZOA 11-002 Unified Development Code (UDC) Text Amendment by City of Meridian Public Works Department Request: Amend the Surety Section, UDC 11-5C to Include Clarifications, Increase Surety Amounts and to Provide for Bonds as a Form of Surety De Weerd: Okay. Item No. 7 under ordinances, Mr. Baird, I guess -- are these in the right order? Baird: Madam Mayor, Members of the Council, yes, they are. The ordinance needs to be passed first, because it enables the structure that was set up to pass the surety percentages by resolution. That way as this gets implement if you want to make tweaks to that all you have to do is change the resolution, rather than going through ordinance change. So, you have to do one and -- one at a time in the order presented. De Weerd: Just wanted to make sure. Baird: Thank you for asking. Meridian City Council Workshop August 9, 2011 Page 54 of 55 De Weerd: Madam Clerk, will you, please, read Item 7-A by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1487, 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. De Weerd: Thank you. You have heard the reading of Ordinance 11-1487 by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, Council. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Ordinance No. 11-1487. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-A. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Resolution No. 11-798: A Resolution of the Mayor and City Council of the City of Meridian Establishing the Amount of the Performance Surety for All Improvements Related to Public Infrastructure or Life Safety De Weerd: Item 7-B is Resolution No. 11-798. Council, what is your pleasure? Zaremba: Does that need to be read or can we go straight to a vote? Rountree: Let's do it. Zaremba: Okay. Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve Resolution 11-798. Hoaglun: Second. Meridian City Council Workshop August 9, 2011 Page 55 of 55 De Weerd. I • have a motion and a second to approve Item 7-B. If there is no discussion from Council, Madam Clerk. Roll Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Future Meeting Topics y De Weerd: Okay. Item 8. Are there any items to consider under this agenda item? Rountree: Can't think of any. De Weerd: Okay. I would entertain a motion to adjourn. Rountree: So moved. Hoaglun: Second. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 9:21 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYO T MY De WEERD DATE APPROVED ILI E ! o, HOLMAN, CITY CLERK Meridian City Council Meeting DATE: August 9, 2011 ITEM NUMBER: 4A PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 19, 2011 Pre -Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Auqust 9, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 19, 2011 City Council Regular Meeting MEETING NOTES 8fYi 1+F.w Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 9, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 26, 2011 City Council Special Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: ITEM TITLE: Meridian City Council Meeting ust 9. 2011 ITEM NUMBER: PROJECT NUMBER: Approve Minutes of July 26, 2011 City Council Regular Meeting MEETING NOTES / TKT-�-d Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION .e DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 9, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Meridian School Resource Officer Agreement between the City of Meridian and Joint School District No. 2 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MERIDIAN SCHOOL. RESOURCE OFFICER AGREEMENT THIS AGREEMENT, entered into by the City of Meridian, a political subdivision of the State of Idaho, hereinafter referred to as "the City of Meridian", and Joint School District Number 2, Meridian, Idaho hereinafter referred to as "the District". WHEREAS, the District desires increased law enforcement from the City, through the Meridian Police Department; and WHEREAS, the City of Meridian and the Meridian Police Department desire to provide increased law enforcement services to the District, through the Meridian Police Department; and WHEREAS, the parties recognize their mutual interest can be furthered through the use -of the School Resource Officer (SRO) Program of the Meridian Police Department; NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. This Agreement shall be for the sole benefit of the District and the City and shall not be interpreted to benefit third parties. The relationship of the parties hereto is that of contractor and independent contractor, and it is expressly understood and agreed that each party and their officers; agents, and employees do not in any way, nor for any purpose, become a partner, agent, joint venturer, servant, or employee of the other. 2. The City of Meridian, through the Meridian Police Department, shall provide School Resource Officer services at designated campuses, as referenced in Paragraph 3 below, including, but not limited to: investigating and preventing crimes against persons or property; identifying and arresting violators of state and local laws; filing investigative reports and other required reports or documents; patrolling; and, to a limited extent, maintaining building security, controlling traffic, and enforcing traffic laws. 3. The City of Meridian shall provide one (1) School Resource Officer at Meridian Middle School, one (1) School Resource Officer at Sawtooth Middle School, one (1) School Resource Officer at Lewis and Clark Middle School, one (1) School Resource Officer at Heritage Middle School, and one (1) School Resource Officer to cover Central Academy, Meridian Academy, Crossroads Middle School, and Pathways Middle School. 4. As a member of the school management team, the SRO shall endeavor to maintain open and regular communication with the assigned school principal and shall positively promote the school, staff, students, and administration to the community. 5. The Meridian Police Chief and the District will determine how the officers performing the duties under this Agreement will be deployed, and the manner in which the services contemplated by the Agreement shall be provided. The Meridian Police Department will communicate to the assigned school principal whenever concerns or problems regarding scheduling, duties, or other items occur. The interiors of buildings will not be patrolled by SRO's except as is necessary to investigate crimes and apprehend criminal suspects; however, the SRO's shall maintain high visibility with students during break and lunch periods. 6. The Meridian Police Chief and his officers shall have the right to exercise due discretion in the performance of this Agreement, Including, but not limited to the type, nature, extent, and result of any response or activity undertaken by the Meridian Police Chief and his officers. 7. a. With the exception of paragraph 7(b) below, the conduct of the Meridian Police Chief and his officers will be governed by the Meridian Police Policy Manual (hereinafter "Manual"). In the event that the District's procedures conflict with the procedures set forth in the Manual, the provisions of the Manual shall prevail. The Manual which will be maintained at the Meridian Police Department shall be an integral part of this Agreement and it is incorporated herein as if set forth fully. b. District and Parental Notifications. Not withstanding any other provisions herein to the contrary, the following procedures shall be used in all instances with regard to notifying the principal and/or a student's parents about the interaction of SROs with students: L When an SRO interviews a student in the course of investigating a crime, the SRO shall notify the school principal, or designee, of the fact that an interview with the student was conducted, no later than the end of the school day in which the interview was conducted. 3 ii. In the event that a student is arrested by an SRO or if the SRO finds it otherwise necessary to remove the student from school, the SRO shall immediately notify the principal of the school, or designee. iil. Upon receiving notice of any of the above circumstances from an SRO, the principal, or his or her designee, shall make reasonable efforts to contact the student's parent or guardian. If contact is made, the principal may tell the parent or guardian of the student that a police officer questioned the student, removed the student from campus, or arrested the student, as the case may be, and may further state that additional information may be obtained by contacting the Meridian Police Department or if another enforcement agency is involved of which the principal is aware the principal may then give the parent or guardian that information. iv. If a student's parent or guardian contacts the principal about interviews conducted by an SRO, the principal may disclose any information received by the principal from the SRO and may refer further questions to the Meridian Police Department or the correct law enforcement agency if another law enforcement agency is involved of which the principal is aware. Liability arising from any of the above actions shall be governed by paragraphs 18 and 19 of this Agreement. B. The City of Meridian shall use five (5) suitably trained police officers in meeting its obligation herein, each of whom may be physically present at one of the school campuses referenced in Paragraph 3, in accordance with a schedule that is mutually agreeable to the District and the Meridian Police Department. If scheduling conflicts occur causing an SRO to be off campus during a scheduled on -campus period, efforts will be made to provide prior notice and arrange with the assigned school principal to provide adequate coverage. 9. Meridian police officers providing additional services and police protection under the terms of this Agreement will wear the authorized uniform of the Meridian Police Department. 10. The parties recognize that the District may from time to time adopt policies, procedures, rules, and regulations affecting the conduct of persons present on the campuses referenced in Paragraph 3. To the extent that violation of those policies, procedures, rules, and regulations constitutes a violation of law, including breach of the peace, or a threat to public health or safety, those policies, procedures, rules, and regulations will be enforced by the Meridian Police Chief and his officers. To the extent that violation of those policies, procedures, rules, and regulations does not constitute a violation of the law, the Meridian Police Department is not required to take law enforcement action and will leave the enforcement thereof to the District. SRO's shall inform the principal, or his designee, of violations of school policies, procedures, rules or regulations of which he/she has personal knowledge. 11. This Agreement is for a period commencing on or about August 30, 2011, and ending on or about June 8, 2012 in accordance with the Meridian School District Calendar. It is agreed under the terms of this Agreement that the SRO's shall commence the duties set forth herein one (1) week prior to the first day of classes in the fall of 2011, and will complete the obligations one (1) day after the last day of classes in June 2012. At the present time, the dates set forth in this section are the anticipated starting and ending dates. However, each party to this agreement recognizes, that as of this date, the start and end dates of the 2011 — 2012 school year are tentative and may be changed, and if there are changes, this Agreement shall incorporate such changes as if set forth fully herein. 12. As consideration for the services provided by the City of Meridian pursuant to the terms of this Agreement, the District shall pay the total sum of $221,018.00 to the City of Meridian in two installments_ One-half shall be paid on January 30, 2012; and the balance on or before May 31, 2012, 13. Security for special events will be approved and the City of Meridian compensated as follows: SPECIAL EVENTS a. The District shall provide the Meridian Police Department with a list of special events and scheduled after-school activities for all schools within the city limits of Meridian at which the District is requesting law enforcement officers to be present. The Meridian Police Department shall provide a minimum of two police officers for each event one of whom may be a Reserve Police Officer, 6. If an event should arise that is not on the original special event list provided by the District, the Community Service Division (CSD) SRO Sergeant shall attempt to provide two law enforcement officers to comply with the request. RECORD OF TIME AND REIMBURSEMENT C. SRO's who attend a special event at his/her designated school and/or officers who work at special events at the request of a district school principal shall complete a Meridian Police Department Time Slip for the event and the requesting principal or his/her designee must sign and approve the completed slip. The SRO and/or officers shall then submit the Meridian Police Department Time Slip to the SRO Sergeant. PAYMENT d. The SRO Sergeant of the Meridian Police Department shall prepare and submit an invoice to the Meridian City Finance Department. . The Meridian City Finance Department will invoice the individual school(s) hosting the special event(s) at which SRO(s) or other officers worked at the end of each month. The District shall pay one-half (1/2) of the overtime pay due and owing an SRO who worked at the request of his/her designated school at the SRO's hourly overtime salary. The District shall pay Meridian Police Department standard overtime for all other required Meridian Police Department Officers. 14. The parties recognize that a school within the District may desire to have the Meridian Police Department provide additional security services for 7 sanctioned school events. This agreement does not govern the provision of such additional security services. Additional security services for school events may be addressed in an addendum to this Agreement or in a separate agreement at a later date. 15. The District agrees to provide officers with adequate office space and suitable desks and chairs for the purpose of this Agreement. 16. It is acknowledged by the parties that City of Meridian personnel acting pursuant to this Agreement are not the employees or agents of the District or schools within the District, but rather, they remain the employees of the City of Meridian. 17. Law enforcement personnel acting pursuant to this Agreement may be absent from their assigned campuses on holidays observed by the District. 18. In the event the City of Meridian or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgement asserted against them which arises from acts or omissions of the District, its officers, agents, or employees, the District shall, at its expense, defend and indemnify the City, its officers, agents, employees, insurers, and indemnitors, and hold them harmless in the,premises. 19. In the event the District or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgment asserted against it which arises from acts or omissions of the City of Meridian, its officers, agents, or employees, the City of Meridian shall, at its expense, defend and 8 indemnify District, its officers, agents, employees, insurers, and indemnitor, and hold them harmless in the premises. 20. It is acknowledged by the parties that District personnel acting pursuant to this Agreement are not the employees or agents of the City of Meridian, but rather, they remain the employees of the District. 21. This Agreement may be cancelled by either party for non- conformance or poor performance, on thirty (30) days written notice. If the performance defect is corrected during the thirty (30) day period, this Agreement shall continue in full force and effect. If the City of Meridian terminates this Agreement due to the District's failure to timely correct the default in its performance, the District shall pay to the City of Meridian the consideration set out in Paragraph 11, prorated to reflect the number of school days in which services were actually performed by the City of Meridian. 22. The Director of Operations for the school district has the authority to execute this Agreement on behalf of the District; and she/he shall promptly bring this Agreement before said Board of Trustees for its ratification at a regularly scheduled meeting. 23. This Agreement shall be interpreted in accordance with the laws of Idaho. 24. This Agreement constitutes the entire agreement of the parties and all other agreements, oral or written, are included in and merged herein. 0 25. This agreement may be modified only by a mutually executed written addendum signed by the Meridian School District Director of Operations and the Mayor of the City of Meridian. 26. The principal of each school shall, in writing, provide the Meridian Police Chief with a designee to contact in the event the SRO cannot contact the principal when so required pursuant to this Agreement. 27. 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 via the United States mail, addressed as follows: Chief of Police Meridian Police Department 1401 E. Watertower Ave. Meridian, Idaho 83642-2300 Assistant Superintendent Meridian School District 1303 E. Central Drive Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 28. 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. 10 DATED this qiv day of 2010. CITY �OFMERIDIAN Tammy d eerd Mayor of eridianp BY: �71 A, JeWLafmby Meridian Chief of Police H `Nv, OOFF City Cler SEAL - �o�SSEs �o``� JOINT SCHOOL DISTRICT NO. 2 'pill 751t���` Aftistant SunerintP.Y1dprit SEAL of the Board 11 Meridian City Council Meeting DATE: Auqust 9, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Pedestrian Pathway Easement with Springcove Association, Inc. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 i BOISE IDAHO 08111111 01:16 PM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIII�II III RECORDED -REQUEST Of 111©64826 Meridian Ciry RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this 9 day of 2011, between Danbury Fair Homeowners Association, hereinafter referred to asGrantor;' and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee." WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantee will construct the pathway improvements upon the easement described herein. NOW, THEREFORE, the patties agree as follows: 1. Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein upon the terms and conditions set forth. 2. The easement hereby granted is for the purpose of providing a public recreational pathway on the property described and depicted in Exhibits "A" and `B" ("Pathway"). The authorized uses of the Pathway are limited to walking, jogging and riding bicycles or other human -powered vehicles or devices. Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access by law enforcement personnel or for construction, maintenance or repair work by Grantee of the Pathway and landscaping and related improvements. 3. The Pathway and its improvements shall be constructed, operated, maintained, repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the state of Idaho, and within the conditions stated herein. 4. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Pathway, landscaping and related improvements, or in the operations of the Grantee pursuant to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee and the Grantor shall have no obligation or responsibility for payment of any such costs or expenses. 5. Grantee agrees to construct, operate, maintain and repair the Pathway and any facility, and conduct its activities within or affecting the Pathway and easement area, so as not to constitute or cause a hazard to any person or property. RECREATIONAL PATHWAY EASEMENT - 1. 6. Grantee agrees to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, maintenance, repair and any use or condition of the Pathway. 7. Grantee shall comply fully with all federal, state or other laws, rules, regulations, directives, or other governmental requirements in any form as administered by appropriate authorities, which may be applicable to the construction, installation, operation or maintenance of the Pathway and any facilities pursuant to this Agreement. 8. The hours for use of the Pathway shall be from thirty (30) minutes before sunrise to thirty (30) minutes after sunset, and the Pathway shall be closed to use during all other times. 9. Grantee shall prepare and install readily visible signs at Pathway entrances or other appropriate locations along the Pathway advising the public of prohibited uses, hours of use, and any ordinances which apply to the public use of the Pathway. 10. The Grantor hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 11. The Grantor hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. 12. The Grantor does hereby covenant with the Grantee, to the best of its knowledge and belief, that it is lawfully seized - and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 13. This Agreement and the Grantor's permission to the Grantee to construct and maintain the Pathway shall continue so long as the Pathway is used by the Grantee and the public for the purposes and in compliance with the conditions stated herein, unless otherwise terminated by agreement of the parties. After termination, and written notice from Grantor, Grantee shall remove the Pathway and all related facilities on the Grantor's property which the Grantor identifies for removal in such notice. 14. Grantee shall have no right, power or authority to assign this Agreement or any privileges hereunder to any person or entity. t, IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. RECREATIONAL PATHWAY EASEMENT - 2. GRANTOR: MDanFa,rHOA BY: BRIAN WARE Its: Treasurer STATE OF IDAHO ) ss County of Ada ) On this day of ,IU4 y , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared BRIAN WARE, known or identified to me to be the Treasurer of the Association that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. OJ�1ts ���•Ny�4 RECREATIONAL PATHWAY EASEMENT - 3. NOTARY PUBLIC FO IDOO Residing at: ��iy� /�; /D Commission Expires:.,h/,4Y A. pba GRANTEE: CITY OF MERIDIAN Tammy de Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) On this % qday of , 2011, before me, the undersigned, a Notary Public in and for said State, Arsonally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto I the day and year first above written. (SEAL), 0 RNO di g a : ? Commission 41�046 'US0C. ,. Of RECREATIONAL PATHWAY EASEMENT - 4. band and affixed my official seal EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO DANBURY FAIR SUBDIVISION H.O.A. PARCEL An easement for pathway purposes located in the NE '/. of Section 7, Township 3 North, Range I East, Boise Meridian, and being a part of Lot 46 of Block 8 of DANBURYFAIR SUBDIVISION NO. 5 as shown in Book 70 of Plats at Page 7224 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly comer of said NE ''A from which a 5/8 inch diameter iron pin marking the southwesterly comer of the SW '/. of the NE '/. of said Section 7 bears N 89133'29" E a distance of 1323.77 feet; Thence N 0°34'21" E along the westerly boundary of said NE V a distance of 957.00 feet to a point; Thence leaving said westerly boundary N 89°33'24" E a distance of 253.54 feet to a point on the northerly boundary of said Lot 46 and the POINT OF BEGINNING; Thence continuing N 89°33'24" E along said northerly boundary a distance of 25,07 feet to the northeasterly comer of said Lot 46; Thence along the easterly boundary of said Lot 46 the following described courses: Thence S 36°38129" W a distance of 202.62 feel to a point; Thence S 0° 18'59" E a distance of 339.10 feet to a point; Thence S 37°56'59" E a distance of 441.33 feet to a point; Thence N 89033'29" E a distance of 53.73 feet to a point; Thence S 0132'50" E a distance of 56.02 feet to the southeasterly corner of said Lot 46, said point also being on the northerly right-of-way of Pine Avenue; Thence leaving said easterly boundary S 89033'29" W along said southerly boundary and northerly right-of-way a distance of 45.00 feet to a point; Thence leaving said southerly boundary and northerly right-of-way N 0°32'50" W a distance of 11.69 feet to a point; Thence N 37°56'59" W a distance of 488.68 feet to a point; Thence N 0018'59" W a distance of 352.60 feet to a point; Danbury Fair Page 2 Thence N 36°38'29" E a distance of 194.19 feet to the POINT OF BEGINNING. This parcel contains 22,900 square feet (0.526 acres) and is subject to any other easements existing or in use, Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated January 28, 2011 CE 1/16 Meridian City Council Meeting DATE: August 9, 2011 ITEM NUMBER: 4G PROJECT NUMBER: ITEM TITLE: Recreational Pathway Easement with Danbury Fair Subdivision Homeowner's Association MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 i BOISE IDAHO 08111111 01:16 PM RECORDED nREQUESTOF III I'll'llllllllllll"IIIIIIIIII'llll Meridian City 111064827 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this L day of 2011, between Springcove Association, Inc., an Idaho non-profit corporation, the partof the first part, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, the party of the second part, hereinafter referred to as "Grantee'; WITNESSETH: WHEREAS, Grantor is the owner of a development on which portions of the Meridian Multiple -Use Pathway Network is located; and WHEREAS, the Grantee required as a condition of approval that the Grantor provide an easement for the pedestrian pathway, which easement is to be shown on the plat of Springcove Condominium, Book 100, Page 12911; and WHEREAS, Grantor was responsible for the construction of the pathways with adjacent landscaping; and NOW, THEREFORE, the Grantor does hereby grant unto the Grantee the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of providing a pedestrian pathway easement for a multiple -use pathway designated in the City of Meridian Comprehensive Plan, together with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that maintenance, repair, and replacement shall be performed by Grantor until such time that the multiple -use pathway through Springcove Condominiums connects from one major arterial to another and is greater than one-half mile long. After these conditions have been fulfilled, Grantor may petition Grantee to assume maintenance, repair, and Pedestrian Pathway Easement Springcove Association, Inc. replacement responsibilities. After making repairs or performing other maintenance, the party performing such work shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such easement hereby granted which lies within suchboundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. END OF TEXT Pedestrian Pathway Easement Springcove Association, Inc. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: Springcove Clegg, President STATE OF IDAHO ) ss County of Ada ) On this �rZ day of Aucxa__1 2011, before me, the undersigned, a Notary Public in and for said Statt , personally appeared Douglas B. Clegg, known or identified to me to be an officer of the Idaho non-profit corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTA -KY PUBLIC FOR IDAHO Residing at: Commission Expires: 1 I q ' I ki Pr&e &ian Pathnoav Facrmrnt Rnri.VP.vP Accnriafinn Tnr GRANTEE: CITY OF MERIDIAN STATE OF IDAHO, ) : ss. County of Ada ) On this `l' day of l t fin, 2011, before me, the undersigned, a Notary Public in and for said State, per4hially appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. % 4�' S1 D, p*A J (SEAL) ZtOT�7��' N TARY PUBFOR IDA //�� dbe r Residing at: 6F/U-6j'0 / .1 -EA p40C Commission Expires: OF IDS �h�QNpN Peds gtrian Pnthwnv Facrment Rnrinornvn Acenrintinn Inr /7 5�51lunlunrni� Tammy de eerd, Mayor ° G A; l �J&t%cl Attest b r ycee Holman, City Clerk "SSf, Approved By City Council On: rri lllll 115115 STATE OF IDAHO, ) : ss. County of Ada ) On this `l' day of l t fin, 2011, before me, the undersigned, a Notary Public in and for said State, per4hially appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. % 4�' S1 D, p*A J (SEAL) ZtOT�7��' N TARY PUBFOR IDA //�� dbe r Residing at: 6F/U-6j'0 / .1 -EA p40C Commission Expires: OF IDS �h�QNpN Peds gtrian Pnthwnv Facrment Rnrinornvn Acenrintinn Inr Kr-5TKEL LAND 5URVEYING EXHIBITA LEGAL DESCRIPTION FOR A PATH EASEMENT An 12 foot wide easement located within a portion of Lots 2 and 18, Block 2 of larkspur Subdivision No. 1, as recorded In Book 93 of Plats at Page 11064, records of Ada County, said Subdivision Is located In the Northwest Quarter of Section 19, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Lot 2, thence along the Northerly line of said Lot 2, South 89"59'26" East a distance of 344.66 feet to the POINT OF BEGINNING; Thence South 35'46'54" East a distance of 195.19 feet to a point; Thence South 40019'10" East a distance of 23,27 feet to a point; Thence South 36031'50" East a distance of 160.65 feet to a point; Thence South 30"13'17" East a distance of 70.49 feet to a point; Thence South 35°20'56" East a distance of 105.63 feet to a point on the Easterly line of said Lot 18; Thence along said Easterly line South 00047'20" West a distance of 20.35 feet to a point; Thence North 35°20'56" West a distance of 122.60 feet to a point; Thence North 30`13'17" West a distance of 70,36 feet to a point; Thence North 36°31'50" West a distance of 159.59 feet to a point; Thence North 40"19'10" West a distance of 23.34 feet to a point; Thence North 35046'54" West a distance 204.31 feet to a point on the Northerly line of said Lot 2; Thence along said Northerly line, South 89°59'26" East a distance of 14.79 feet to the point of beginning. Said easement containing 6812 square feet, more or less 1674 W, Hill Rd., k6, Boise, 10 83702 (208) 888-7345 phone - (108) 888.7354 PATH EASEMENT 7/25/2011 n26. s35.46540105.19 s40.1910e 23.27 336.3160e 160.65 .30.1317e 70.49 s35.2056e 105.63 s00.4720w 20.35 n35.2056w 122.6 n30.1317w 70.36 10 n40.1910w 23.34 11 n35.4654w 204.31 12 s99.5926s 14,79 GC 77 r V z R4 0p w 0 V uO v 2 Z � O ? � m 2 L9 77 F H MER/OWN ORFFNS UNIT No. J SUROMSION 77 r V 1 11 4 0 V uO v Z � E m o C' rn n r O Cn � O C W 2 2 o N Z � 2 L9 77 F H MER/OWN ORFFNS UNIT No. J SUROMSION 0 v m N n r A i � z 2 2 Meridian City Council Meeting TE: Auaust 9. 2011 ITEM NUMBER: 4H PROJECT NUMBER: ITEM TITLE: Award of Bid and Agreement for Sewer Main Replacement Site 9 - Construction to Cascade Pipeline for a Not -to -Exceed Amount of $132,336.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: David Allison Date: 7/22M 1 Re: August 9 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 9 City Council Consent Agenda for Council's consideration. amount of $132,336.00. Bonds and insurance certificates have been requested and Project Manager shall confirm they have been received prior to issuance of the Notice -To -Proceed. This award is the result of Formal IFB #PW -1 1-101 93D issued July 6'h and opened June 19". Teo bids were received. Recommended Council Action: Approval of Award of Bid and Authorize the Mayor to sign the Agreement for the Not -To -Exceed amount of the Low Bid of $132,336.00. Thank you for your consideration. 0 Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES Sewer Main Replacement Site 9 PROJECT #101931) THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 9h day of August, 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 Corporation, hereinafter referred to as "CONTRACTOR", whose business address is P.O. Box 1135 Meridian, ID 83680 and whose Public Works Contractor License # is C -13771 -AAA -1-2. INTRODUCTION Whereas, the City has a need for services involving Sewer Main Replacement of Site 9; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as 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 bythe 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 Sewer Main Replacement Site 9 page 1 of 12 Project 10193D 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 Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $132,336.00. 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 Cityto 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 Sewer Main Replacement Site 9 page 2 of 12 Project 10193D of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 16, 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 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall complete the work no laterthan September 16, 2011 to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. Sewer Main Replacement Site 9 page 3 of 12 Project 10193D In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITYfrom 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. 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 oragent 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. 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. 5. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITYfrom 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 Sewer Main Replacement Site 9 page 4 of 12 Project 10193D 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 tortious conduct of CITY or its employees. General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or Injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 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. 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 Sewer Main Replacement Site 9 page 5 of 12 Project 10193D 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 per the City of Meridian Supplemental Specifications, which by this reference are made a part hereof. Warranty: Contractor must warrant the project per the City of Meridian Supplemental Specifications, which bythis reference are made a part hereof. 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Cascade Pipeline Corporation Attn: John McNatt P.O. Box 1135 Meridian, ID 83680 208-895-0288 cascadenioeline0g.com Idaho Public Works License #: C -13771 -AAA -1-2 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Sewer Main Replacement Site 9 page 6 of 12 Project 10193D 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof, 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of Sewer Main Replacement Site 9 page 7 of 12 Project 10193D personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from Its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. Sewer Main Replacement Site 9 page 8 of 12 Project 10193D Cll NN Dal 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. `,\111,l 111 11 llf!l JJf' Attest: ,.``y OF ME��n! YCEE HOLMAN, CITY CLERK SEAL s 9C.� 1�nM O �Qr9�S• ` C Approved as to Content """'1 Department Approval BY: BY: ?�t C %AARP I-_ P e:zz . KEIT ATT , PURCHASING MANAGER NAME: Dated: 7 — ZZ - I t TITLE: Approved as to Form CITY ATTORNEY Sewer Main Replacement Site 9 Project 10193D Dated: -7- ZZ —11 page 9 of 12 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -11-10193D ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -11-10193D, are by this reference made a part hereof. Sewer Main Replacement Site 9 page 10 of 12 Project 10193D Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $132,336.00. Sewer Main Replacement Site 9 page 11 of 12 Project 10193D Contract includes furnishing all labor, materials, equipment, and incidentals as required for the SEWER MAIN REPLACEMENT, SITES 9 per IFB PW-11- W-1I-10193D 10193D CONTRACT TOTAL .............................................$132,336.00 ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY. --Item No. Description Unit Unit Price 48" STANDARD SANITARY 502.4.1.A.I. SEWER MANHOLE, TYPE EA $2,100.00 A 502.4.1.F.1. CONNECT PIPE TO EA $900.00 EXISTING MANHOLE 706.4.1.G.1. CONCRETE FLOOR SY $250.00 REPAIR 2010.4.1.A.1 MOBILIZATION LS $6,000.00 SP -1 REPLACE EXISTING LF $56.00 SEWER MAIN CCTV INSPECTIONAND SP-2a CLEANING (PRE- LF $2.00 REPLACEMENT) CCTV INSPECTION AND SP -2b CLEANING (POST- LF $2.00 REPLACEMENT) REPLACEMENT) SP -3a REMOVE AND REPLACE EA $2,500.00 EXISTING MANHOLE SP -3b I REMOVE AND REPLACE EA t. 010 EXISTING DROP Sewer Main Replacement Site 9 page 11 of 12 Project 10193D Sewer Main Replacement Site 9 page 12 of 12 Project 10193D MANHOLE SP -4 SEWER SERVICE EA $1,100.OD RECONNECTION ALIGNMENT SPOT SP -5 REPAIR LF $30.00 NOT SHOWN ON PLANS SP -6 SEWAGE BYPASS LS $6,500.00 PUMPING SP -7 ABANDON EXISTING LF $20.00 SEWER MAIN SP -8 TRAFFIC CONTROL LS $6,000.00 SP -9 NIGHTTIME WORK LS $6,000.00 SP -10 WATER POLLUTION LS $3,000.00 CONTROL Sewer Main Replacement Site 9 page 12 of 12 Project 10193D Meridian City Council Meeting DATE: Auqust 9, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Award of Bid and Approval of Contract for "Well I OB Production Well -Construction" to Treasure Valley Drilling for a Not -To -Exceed amount of $199,560.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: David Allison Date: 8/3/11 Re: August 9 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 9, 2011 City Council Consent Agenda for Council's consideration. Approval of Award of Bid for "Well 10B Production Well - Construction" to Treasure Valley Drilling and Pump. Inc and authorize the Mayor to sign the Agreement in the amount of $199.660.00. This project was approved in the FY11 Budget. Acceptable bonds and insurance are on file in the Purchasing Department. This award is the result of Formal IFB #PW -11-10011b issued July 13'h and opened August 2, 2011. Two bids were received. Recommended Council Action: Approval of Award of Bid and Authorize the Mayor to sign the Agreement for the Not -To -Exceed amount of the Low Bid of $199,660.00. Thank you for your consideration. • Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (WELL 10B PRODUCTION WELL - CONSTRUCTION) PROJECT # 10011B THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this _day of _August, 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 Treasure Valley Drilling & Pump, Inc, hereinafter referred to as "CONTRACTOR", whose business address is P. O. Bo 547, Weiser, ID 83672 and whose Public Works Contractor License # is C -15542-A-4. INTRODUCTION Whereas, the City has a need for services involving WELL 10B PRODUCTION WELL - 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 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 Well 108 Production Well Construction page 1 of 13 Project 10011B — Treasure Valley Drilling & Pump copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work 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 $199,560.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, Well 106 Production Well Construction page 2 of 13 Project 10011 B — Treasure Valley Drilling & Pump compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) 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 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 180 calendar days to achieve substantial completion of the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, Its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be Well 10B Production Well Construction page 3 of 13 Project 10011 B — Treasure Valley Drilling & Pump prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 4.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the 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 Well 10B Production Well Construction page 4 of 13 Project 10011B— Treasure Valley Drilling & Pump 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. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately Well 10B Production Well Construction page 5 of 13 Project 10011B—Treasure Valley Drilling & Pump submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds, or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance 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 limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects. 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Well 10B Production Well Construction page 6 of 13 Project 10011 B — Treasure Valley Drilling & Pump City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Treasure Valley Drilling & Pump, Inc Attn: Sherry Young P O Box 547 Weiser, ID 83672 208-465-6100 tvdrillingOmsn.com Idaho Public Works License* C -15542-A-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. Well 10B Production Well Construction page 7 of 13 Project 10011 B — Treasure Valley Drilling & Pump 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. Well 10B Production Well Construction page 8 of 13 Project 1001113—Treasure Valley Drilling & Pump 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN TREASURE VALLEY DRILLING & PUMP TAMMYeYWEERD, MAYOR ITl�Georgee—Post ? Dated: �O" 9- // Dated: ^ )—// Approved by City Council: �,� ,,r 90 ,,2 c// Well 10B Production Well Construction page 9 of 13 Project 10011 B — Treasure Valley Drilling & Pump Attest: L. SEAL Approved as to Content-, I , w� /BY: KEITH TTS, PURCHASING AGENT Dated: ~ L/ - Approved as to Form CITY ATTORNEY Well IOB Production Well Construction Project 10011 B — Treasure Valley Drilling & Pump Department Approval NAME: / Alz&!21 19 bylkP -- TITLE: t=ile;-i,Jdya ,NG— h9A1%1&=tiP Dated: 9/3/t/ page 10 of 13 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -11-10011E ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -11-10011b, are by this reference made a part hereof Well 109 Production Well Construction page 11 of 13 Project 10011B— Treasure Valley Drilling & Pump Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $199,560.00. PRICING SCHEQKill Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WELL 10B PRODUCTION WELL -CONSTRUCTION per IFB PW -11-10011 b Total Bid Schedule ...................$199,560.00 CONTRACT TOTAL ....................... 199.560.OD ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY. Item Description Est Unit Unit Price Ont I Storm Water Management 1 lump sum $1,000.00 2 Mobilization and demobilization 1 lump sum $10,500.00 3 Furnish and install 24 -inch surface casing and seal and complete the well head 1 lump sum $15,000.00 4 Drill 23 -inch borehole 590 linear foot $90.00 5 Furnish and install PVC casing 595 linear foot $70.00 6 Furnish and install bentonite/cement grout seal 590 linear foot $32.00 7 Drill 15 -inch borehole 65 linearfoot $90.00 Well 1011 Production Well Construction page 12 of 13 Project 10011 B — Treasure Valley Drilling & Pump 8 Furnish and install 9 -inch, stainless steel wire- wrap well screen assume 0.030 -slot 65 linear foot $150.00 9 Furnish and install 9 -inch "tight wrap" stainless steel head i e 25 linear foot $200.00 10 Furnish and install sand filter pack 95 linear foot $34.00 11 Furnish and install packer 1 lump sum $6,500.00 12 Furnish, install, and remove test pump 1 lump sum $6,000.00 13 Mechanical and pump development 60 hour $225.00 14 Test pumping 32 hour $200.00 15 Video log 1 lump sum $1,500.00 16 Disinfection 1 lump sum $1,000.00 17 Rig time 2 hour $350.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Well 10B Production Well Construction page 13 of 13 Project 100118—Treasure Valley Drilling & Pump Meridian City Council Meeting DATE: Auqust 9, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Resolution No. /I - �� VAC 11-002 Jayker Right -of -Way (ROW) by SWG Brighton, LLC Located North Side of W. Greenspire Drive; Midway Between N. Tree Haven Way and N. Moon Drummer Way Request: Vacate a Portion of Right -of - Way (751 Square Feet) Platted with Jayker Subdivision No. 1 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Chrislopher D. Rich AMOUNT .00 4 BOISE IDAHO 08111111 01:16 PM DEPUTY Bonnie Oberbillig II I IIII I II III IIIIIII IIIIII IIII I III III RECORDED—REQUEST OF 111064u25 Meridian Ciry CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION VACATING A PORTION OF THE PUBLIC RIGHT-OF- WAY PLATTED WITH THE JAYKER SUBDIVISION NO. 1, LOCATED IN THE NORTHEAST % OF THE SOUTHWEST ''/4 OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WE, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 19, 2011 the City Council of Meridian, held a hearing on the vacation of a portion of the public right-of-way platted with Jayker Subdivision No. 1 located in the NE '/4 of the SW '/a of Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion of the public right-of-way platted with Jayker Subdivision No. 1 located in the NE '/ of the SW '/ of Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho are hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSEDBY THE CITY COUNCIL OF THE CITY OF MERIDIAN, ��pp IDAHO, this " I 44`�'_ day of (jAAj&&0t 2011. VACATION FOR JAYKER SUBDIVISION NO. 1 ROW -VAC 11-002 Page 1 of 2 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this L day of az i ed , 2011. MAYOR MY de WEERD ATTEST:(}(11B1i " JAYCEVL. HOLMAN, CITY CLE7 R� f �S'E`,3� .tea Fly 1r" D z STATE OF IDAHO, ) ) ss County of Ada ) On this Q *1 day of QAAja&Qt , 2011, before me, the undersigned, a Notary Public in and for said SfAte, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Ni,µ OTARY PUBLI IDAHO �a 4tg SIDING AT: +.�_ ti MY COMMISSION EXPIRES: —71.r ,�OTARr POBLIC' A' •.TF OF 10� VACATION FOR JAYKER SUBDIVISION NO. ]. ROW - VAC 11-002 Page 2 oft I Exhibit A. — ROW Proposed to be Vacated W.1 coram Rd., 9b. 102-7M Halo. lift 93713 CM 376!000 0 h f7091MOM Project No. 09.027-0I Dift Jutted, 2011 JAYKER SUBDIVISION GREENSPM DRIVR RIGHT -OI -'WAY VACATION DESCRIPTION A poral of Iand Icarted In the NS 114 of the SW 19 of Seedon 22, T. 4 N., R I W., B.M., Msrldimu, Ada County, Idnho, mote pardculWy described as follows. Commenebrg at do southwest comet of Lot 1, Block 3 of ft kerSubdivldon—Phm 1, as acme Is shown on the Plat dmmfrueantled in Book 101 of Plata at Palo 13341 of Ada County Records, Old pohd being on the northerly tlow-pray line of Wast Qroemphe Drive, so shown on rho Plat ofsald Subdivision; Therm South 89°26`!4" Wok 28.75 feet on the northerly rlgl Wf--way Bne ofsdd Wert Gran ylre Dove and die northerly boundary lane of Bald Jaykw Subdivision —Phase 1 to a point of curve; Thence 70.12 feat an the aro ofa curve to the left. Bald Burn having a radia of423.50 feat a antral angio of 09°29'11" and a chard diene of 70.04 teat which bean South 84041'49" Wert on said northerly right of -way lire and add motherly subdivision boundary line to a point ofourv%aid point being rine REAL POINT' OF BRGDiMG; Tbmoe 77.36 feet an the sm of* curve to the left, aid curve hsft it radhu of423.50 led,aventrald+8bof 10°28'00"andacbmddivW=of77.26fodvdddrbpm South 74'43'08" Wert to a point of verve on the northerlyriba-of-way line of add Wed Gma phe Drive and aid northedy subdiv4[an bokmdery tkw Thence 22.19 Spot on de am oft curve to the left, add curve having a radia of MOD hal, a amoral angle of 44.46'24" and o ohord diem m of2o.22 feetwbhah ban North 2Y05'S8" Haat on aid rwtdmdy righwf-way line and add northerly sudxUvWon boundary one, TLence Nath 74°43'19" But 50.OD feet on aid nmOmlyd&of wsy line and aid northerly su bdivielm boundary live to a point of curvy Thence 22.19 feet on the aro of car" to the loft, add cave having a adia of 15.00 het, a central angle of 84"45'39" and a chord dithm of20.22 feet wldoh lean Smdh 5763748" But or sold northerly rdght-of-way line sad aid northerly subdivision bomrdary ltne to the real point of begbming. Said l squm feet Wma a lets. ■.'� PREPAIM BY. • NNmaR Wahbrrr,P18 onrgk,nr.RyF6.ewq Vow" oe R ty"INI Jayker ROW — VAC -11-002 Jayker ROW — VAC-11-002 Meridian City Council Meeting DATE: Auqust 9, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Award of RFP and Agreement to Lynda Friesz Public Relations for a "South Meridian City Service Delivery Outreach Program" for a Not -To -Exceed amount of $33,020.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR PROFESSIONAL SERVICES SOUTH MERIDIAN CITY SERVICE DELIVERY OUTREACH PROGRAM (Project No. 10270) THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 9u' day of August, 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 Lynda Friesz Public Relations. Inc., hereinafter referred to as "CONSULTANT", whose business address is 816 Bannock, Ste. A, Boise, ID 83702. INTRODUCTION Whereas, the City has a need for services involving Public Relations Outreach Services; 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 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 in the document titled "Scope of Services" 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 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. If any such work is copyrightable, the South Meridian City Service Delivery Outreach Program — page 1 of 16 Project No. 10270 Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, 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 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 it's work in accordancewith generally accepted industry standards and practicesforthe 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 Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, eitherexpress or implied, as part of this Agreement. 1.4 Services and work provide by the consultant 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 Consultant shall be compensated on a Lump Sum basis for a Not -To -Exceed amount of $33,020.00 as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Consultant shall provide the City with a monthly statement , as services warrant, 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 Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered underthis Agreement., including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form South Meridian City Service Delivery Outreach Program — page 2 of 16 Project No. 10270 of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 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 Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 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. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in 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 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City onlyforthe 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 Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance; CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or South Meridian City Service Delivery Outreach Program — page 3 of 16 Project No. 10270 occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, 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, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, orjudgments fordamages 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 Consultant or Consultant'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. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'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 Consultant begins performance of it's obligations under this Agreement. In the eventthe insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. 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 Lynda Friesz Public Relations, Inc. Attn: Lynda Friesz 816 Bannock, Ste. A Boise, ID 83702 Ph. (208) 336-1701 Iynda frieszmartin(a)lfprinc.com 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. South Meridian City Service Delivery Outreach Program — page 4 of 16 Project No. 10270 7, 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. 8. 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. 9. 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. 10. 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. 11. Reports and Information: 11.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 11.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITYfo audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. South Meridian City Service Delivery Outreach Program — page 5 of 16 Project No. 10270 13. 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. 14. 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. 15. 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. 16. 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, 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 anytime 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 liabilityto 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. 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 South Meridian City Service Delivery Outreach Program — page 6 of 16 Project No. 10270 enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each parry 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. 19. 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. 20. 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. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY' TAMM WEERD, MAYOR Dated: g mon Approved by City Council: im Attest: Approved as to M %\,, 0I I, 1 I lt;ggr c? ` pF•POPA Y ERK o� 9 9 p KEITH WATTS, PURCHASING MANAGER Dated: 4 - Z/— // LYNDA FRIESZ PUBLIC RELATIONS, INC. Dep Approval Pete Friedman TITLE: Intery PlInning Director Dated: t/ Approved as to Form CITY ATTORNEY Attachment A SCOPE OF SERVICES Situation In 2010 the City of Meridian conducted a citizen survey. Rankings ranked relative to the respondents' ideal, showed residents of South Meridian gave lower overall quality -of -life ratings than did residents of other areas of the city. South Meridian residents gave a high percentage of below-average ratings, with 10% of residents responding with a 2 or less on a 5 -point scale. South Meridian residents also ranked the quality of city services lowerthan other regions of Meridian. While the survey identified quality -of -life metrics where improvements are needed, South Meridian residents' concerns need to be defined in more detail. In response to citizen concerns, the City of Meridian will conduct a South Meridian City Service Delivery Outreach Program to help identify issues further. The project area consists of the annexed areas south of 1-84 and is roughly bordered by Ten Mile Road to the west, Eagle Road to the east and Amity on the south. (City of Meridian Zoning Map, July 5, 2011). The area is primarily zoned low- to medium -density residential with some commercial, business, and employment areas near 1-84. According to Communities in Motion 2035, the current population in the Ada County/ Canyon County region of slightly more than 400,000 residents, may swell to over 1 million residents by 2035. Additionally, the center of the region's population continues to move west. In 2008 the City of Meridian adopted Comprehensive Plan amendments for the South Meridian area. Public input during the planning process identified preserving rural, agricultural lifestyle as a high-priority issue. Providing better transportation infrastructure, placing more small commercial development on south side of 1-84, and providing city services within 5-10 years were also identified as high-priority issues. These issues are only partially consistent with the citizen survey results. South Meridian City Service Delivery Outreach Program — page 8 of 16 Project No. 10270 Needs The City of Meridian would like to clarify South Meridian residents' current issues through the South Meridian City Service Delivery Outreach Program. The South Meridian City Service Delivery Outreach Program will span two fiscal years. The FY11 portion of the contract will ideally run from August 9, 2011 to September 30, 2011. The FY 12, contingent on funding approval, will begin October 1, 2011 with deliverables to be completed by December 31, 2011. Lynda Friesz Public Relations, Inc, has made the staffing commitments needed to meet this schedule. Public Involvement Goal, Objective and Guiding Questions Goal - Phase 1 Identify and clarify South Meridian service delivery issues Objective - Phase 1 Develop recommended actions in collaboration with City departments Guiding Questions: What factors caused you to rank your "quality of life relative to ideal' the way you did? What can the City of Meridian do to improve quality of life? Project Team Roles and Responsibilities Lynda Friesz Public Relations, Inc. Lynda Friesz Public Relations will serve as the project manager handling all day-to-day activities including: billing, schedule, meeting coordination and team communications. Lynda Friesz Public Relations will also develop and implement all outreach activities. The outcome of the program is to develop a report and strategy that provides details on the public comments and general themes. The public input will be used to guide a city services delivery plan. Project Stakeholders Initial project stakeholders identified include: South Meridian property owners and residents, business owners, Meridian City Officials - Mayor, City Council Members, Meridian Planning and Zoning, Police Department, Fire Department, Emergency Medical South Meridian City Service Delivery Outreach Program — page 9 of 16 Project No. 10270 Services, Parks and Recreation Department, Public Works Department, Idaho Power, Intermountain Gas, fiber optic providers, Ada County Highway District, Nampa Highway District, Central District Health, COMPASS, City of Kuna and the City of Nampa. If possible, it would be helpful to specifically identify the South Meridian participants that ranked quality of life below average. Scope of Work 1. Administration 1.1 Kick-off Meeting and Department Head Meeting An internal Kickoff Meeting to establish roles and responsibilities associated with the work performed on this project will be held with the City of Meridian and Lynda Friesz Public Relations. A Department Head meeting will be held to brief Department heads on the outreach process. It is anticipated two Lynda Friesz Public Relations employees will attend both the Kickoff Meeting and the Department Head Meeting. 1.2 Setup Project Flies and Coordination Lynda Friesz Public Relations shall schedule and coordinate tasks within this contract. Lynda Friesz Public Relations shall maintain liaison and coordination with City of Meridian's designated staff and contractors. Lynda Friesz Public Relations project manager shall be the primary point of contact and shall communicate the status of work being performed, and discuss issues or concerns that may impact the project or its deliverables. Lynda Friesz Public Relations shall monitor the contract budget and expenditures. Lynda Friesz Public Relations shall maintain project files to include all relevant project information including, but not limited to: research materials, notes, draft reports, comments and reviews provided by City of Meridian, information provided by/to the public, decision logs, contract records, action lists, meeting agendas and meeting notes. 1.3 Progress Meetings and Invoicing Lynda Friesz Public Relations shall attend Progress Meeting s with the City of Meridian. Lynda Friesz Public Relations will also prepare a monthly progress report that summarizes the services provided to the city of Meridian during each monthly reporting period in conjunction with the submission of Lynda Friesz Public Relation's monthly South Meridian City Service Delivery Outreach Program — page 10 of 16 Project No. 10270 invoice. It is anticipated that there will be two (2) invoices and two (2) reports. Deliverables • Two (2) monthly invoices and two progress reports (hard copy and electronically) • Meeting notes, decision log and action items from the Kick-off Meeting and Department Head Meeting, one (1) Kick-off meeting and one (1) Department Head Meeting 2. Identify Stakeholders 2.1 Gather Survey Participant Contact Information and South Meridian Resident Information from the City of Meridian Lynda Friesz Public Relations will work with the City of Meridian to develop a stakeholder database using existing databases, survey participant information and south Meridian residents, This data will be crosschecked with current property owner information provided by the City of Meridian. 2.2 Develop Electronic/Text Distribution List Lynda Friesz Public Relations will use data from current lists to develop email and text distribution lists. The initial list will be updated using cloud -based data gathering methods when possible. 2.3 Conduct Stakeholder Interviews, If Possible Lynda Friesz Public Relations will conduct stakeholder interviews with survey participants that gave meridian's quality of life a score of two (2) or lower on a 5 -point scale. 2.4 Update Database After Public Meeting (FY12 Contract) Lynda Friesz Public Relations will update the database with meeting participants following the public meeting. Deliverables • Stakeholder Database — mailing, emailing and text messaging • Survey participant interviews, if possible (25 interviews) • Cloud -based data gathering account setup and access (ie. User can opt -in to e - updates) South Meridian City Service Delivery outreach Program — page 11 of 16 Project No. 10270 3. Public Outreach Plan 3.9 Write Public Outreach Plan Lynda Friesz Public Relations will prepare a public outreach plan Deliverables • Public Outreach Plan (electronically and 5 hard copies) 4. Public E-volvement 4.9 Create Project Facebook, Twitter and Other Social Media Accounts/Pages. Lynda Friesz Public Relations will work with the City of Meridian for specific Facebook page, Twitter account and other social media accounts deemed valuable to the project. Possibilities include Google+for Yammer. 4.2Setup Project Constant Contact. Lynda Friesz Public Relations will setup project specific Constant Contact distribution. 4.3 Monitor and Reply to Facebook and Twitter daily Lynda Friesz Public Relations will prepare and conduct and e -campaign promoting the public workshop. 4.4 Conduct and e -Campaign Prior to Public Meeting Lynda Friesz Public Relations will prepare and conduct and e -campaign promoting the public workshop. 4.5 Web Site Updates Lynda Friesz Public Relations shall draft web site content updates forthe project. Up to four updates are anticipated. Project information content is anticipated to include: • Project Kick-off • Project presentation materials • Upcoming public meetings • FAQ sheet updates • Displays • Major project milestones reached • Other requested items Deliverables • Project Facebook page • Project Twitter account • Project Constant Contact • Possible additions of Google+ and Yammer • e -Campaign (Minimum of 2 posts prior to the event) South Meridian City Service Delivery Outreach Program — page 12 of 16 Project No. 10270 • Website updates (2 updates) S. Media Relations 5.1 Develop Media Strategy Plan Media relation activities will provide a flow of information to the news media (newspaper, radio and television) about the project. The flow of information will, however, rise and fall as the project develops. Our goal is not to keep the project in the news constantly, but rather to focus media and public attention on the project prior to public workshops and participation opportunities. Project information will be posted on a website and linked to the City of Meridian website. 5.2News Releases Lynda Friesz Public Relations shall prepare a news release prior to the public workshop. 5.3 Develop and Distribute Press Kit Lynda Friesz Public Relations shall prepare and keep updated media packets covering the project. Media packets are collections of materials with important project information; Media packets shall include the following materials: • FAQ Sheet • Project Schedule • Project Information Page • News Releases • Project Photos and Maps • Other materials that maybe appropriate for the specific event or meeting Deliverables • Media Strategy Plan • One (1) News Release • One (1) Press Kit (12 copies) One (1) Media Monitoring Summary • Five (5) Media and 22 Public Inquiry Responses 6. Public Workshop 6.1 Open House Public Workshops and Planning Meetings Lynda Friesz Public Relations shall work with City of Meridian in holding one public South Meridian City Service Delivery Outreach Program — page 13 of 16 Project No. 10270 open house meeting to help determine city service delivery issues in South Meridian. The specific format and design of the open house is to be determined. Lynda Friesz Public Relations shall prepare meeting agenda and meeting summary. Lynda Friesz Public Relations shall be responsible for coordinating logistics, and developing meeting plans and materials. 6.2 Meeting Tasks and Materials Lynda Friesz Public Relations shall preparethe following materials and/or complete the following tasks for the meeting: • Prepare detailed meeting plan, including meeting layout and calendar • Make logistical arrangements (location, facility, etc.) • Draft, design, and distribute invitation (possibly direct mail and email) • Draft, design, and place display ad • Draft and design comment forms and sign -in sheets • Update talking points (if necessary) • Set-up, attend, and take down meeting • Transcribe comments (FY 12 Contract) • Prepare meeting summary (FY12 Contract) • Update database with sign -in sheet (FY12 Contract) • Follow-up Meeting December 2011 (FY12 Contract) Deliverables • Meeting Plan • Invitation • Display ad • Sign -in sheets • Comment Forms • Updated Talking Points • Four (4) display boards • Transcription of public comments and sign -ins (FY 12) • Updated database (FY12) • Summary (electronic and 10 hard copies) (FY12) 7. Document and Evaluate Public Outreach 7.1 Prepare a Project Summary (FY 12) Lynda Friesz Public Relations shall prepare a project summary that includes the Public Information Plan, all communication materials, meeting agendas, meeting minutes, etc. South Meridian City Service Delivery Outreach Program — page 14 of 16 Project No. 10270 Lynda Friesz Public Relations will conduct a survey of project stakeholders to gauge the effectiveness of the public information activities. Deliverables • Two (2)Public Information Summary Binders with electronic version South Meridian City Service DeliveryOutreachProgram -- page 15 of 16 Project No. 10270 Attachment B PAYMENT SCHEDULE (SAMPLE) A. Total and complete compensation for this Agreement shall not exceed $33,020.00 excluding travel expenses. Fees will be billed monthly for completed tasks only, per the following schedule of values. TASK DESCRIPTION AMOUNT 1. Task Administration — Includes Kick-off and Department Head M--t;--- $2,355.00 2. I dentify Stakeholders $6,330.00 3. Write Public Outreach Plan $1,662.00 4. Public "E"volvement $5,901.00 5. Media Relations $3,438.00 6. Conduct One Public Workshop - Identify Issues $9,201.00 7. Document and Evaluate Public Outreach $2,928.00 " . Direct Expenses (Receipts Required) $1,025.00 TOTAL $33,020.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. South Meridian City Service Delivery Outreach Program — page 16 of 16 Project No. 10270 Meridian City Council Meeting DATE: August 9, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Order for Final Approval: FP 11-006 Spurwing Grove by SWG Brighton, LLC Located North Side of W. Greenspire Drive; Midway Between N. Tree Haven Way and N. Moon Drummer Way Request: Final Plat Approval for Three (3) Residential Building Lots and one (1) Common Lot on 0.80 Acres in an R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Auqust 9, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved from Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 9, 2011 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Planning Department: Duane Drive Right -of -Way Vacation MEETING NOTES Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIANIf A August 5, 2011 ITil-W co]MW111" a I TO: Mayor and City Council FROM: Pete Friedman, Interim Planning Director RE: Duane Drive Right of Way Vacation Comments Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba On July 26, 2011, the Mayor received a communication regarding a pending request to ACHD by the residents of the Perkins Brown subdivision located in unincorporated Ada County to vacate Duane Drive. Duane Drive is a long, straight road that provides access to the Perkins Brown neighborhood from Ustick Road. It is a sub standard road with narrow travel lanes and lacking curbs, gutters and sidewalks. Please refer to the attached map. During the review of the Red Feather development, the Duane Drive residents objected to the project raising concerns about cut through traffic. The project was approved with a stub from Red Feather to Duane Drive to allow for future connectivity. In approving the project, ACHD had the developer place a gate across end of Duane Drive with a lock to allow for emergency access. Last winter the Meridian Fire Department responded to a call in the Red Feather subdivision for a child choking. The quickest route for the responding unit was from Duane Drive. The locked gate caused a 45-60 second delay in getting to the patient. Apparently, the maps used by the Department do not show these types of obstructions. Subsequent to this incident, ACHD has kept the gate open since Duane Drive is a public street. This is the source of the vacation request. Both Chief Lavey and Chief Niemeyer have strong concerns regarding gates and other obstructions that hinder response to emergency situations. Copies of their concerns are attached. Staff is seeking Council direction and will provide an appropriate comment letter to ACHD. On a related note, the Transportation Task is recommending that sidewalks be constructed along Duane Drive as part of the City's Community Programs request. Planning Department . 660 E. Watertower Street, Suite 202, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Peter Friedman From: Jeff Lavey Sent: Wednesday, August 03, 2011 10:46 PM To: Peter Friedman Cc: Mark Niemeyer Subject: PD position on gates Pete, As discussed earlier today, our response goal in an emergency is arrive quickly and safely to the situation. This is also an expectation from the citizens we serve. Gates across roadways create a delay to any response and becomes critical in case of emergency. The police department has a difficult time supporting such requests. If. concessions are made, the gate must have a way to access that does not require us carrying a key or card and any code must be shared with all first responders. The community must also bemadeaware that any such gates will still create a delay and we would insist 100% support from all residents before we give our support for any gate requests. We would encourage an appeal to city council for any one that desires to install gates across any public roadway. I am confident that you or Mark can present our position at council Tuesday. Jeff Jeff Lavey Sent from my iPhone 4 Peter Friedman From: Mark Niemeyer Sent: Thursday, August 04, 2011 7:56 AM To: Peter Friedman Subject: Gates Pete - Thank -you for the meeting regarding the issue of gates and access, specifically the gate on Duane Drive. As you know, we responded last winter to a call for a child choking in the Red Feather subdivision. The maps, both GIS on the laptop in our vehicles and the hard copy kept in apparatus, do not show these types of obstructions. The quickest route on this particular call for our crew was to access off Duane Drive. The placement of the gate caused a roughly 45-60 second delay in getting to the patient. This is a delay that is unacceptable to us, and one that could cause greater harm to a patient or allow a fire to double in size. Our performance, in the eyes of the public and our elected officials, is partly driven by how quickly we can get to anemergency call. The fire departments official position on gates, bollards, or any other device that blocks access and requires us to stop, remove the lock, and move the gate or device is one of opposition. Of equal concern is how our allied agencies (other area fire departments and Ada County Paramedics) would obtain access if any blocking device is keyed. With our new dispatch protocols, we are sending the closest unit, regardless of jurisdiction. If we are on another call and a second call comes in, a department other than ours may be closest to the second call and get dispatched to it. They too would be unaware of these obstructions if we allow them to occur. If I can be of any further assistance, please don't hesitate to let me know. Mark Niemeyer Fire Chief Meridian Fire Department Cell- 208-919-3899 Office- 208-888-1234 1 Lv� FEW FROM: IM IDIAN August 9, 2011 MEMORANDUM Mayor and City Council Pete Friedman, Interim Planning Director z Duane Drive Right of Way Vacation Comments Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba ECS !Vr" i AUG 0 9 2011 CITY OFCLls CITY CLERKS OFFICE On July 26, 2011, the Mayor received a communication regarding a pending request to ACHD by the residents of the Perkins Brown subdivision located in unincorporated 'Ada County to vacate Duane Drive. Duane Drive is a long, straight road that provides access to the Perkins Brown neighborhood from Ustick Road. It is a sub standard road with narrow travel lanes and lacking curbs, gutters and sidewalks. Please refer to the attached map. During the review of the Red Feather development, the Duane Drive residents objected to the project raising concerns about cut through traffic. The project was approved with a stub from Red Feather to Duane Drive to allow for future connectivity. In approving the project, ACHD had the developer place a gate across end of Duane Drive with a lock to allow for emergency access. Last winter the Meridian Fire Department responded to a call in the Red Feather subdivision for a child choking. The quickest route for the responding unit was from Duane Drive. The locked gate caused a 45-60 second delay in getting to the patient. Apparently, the maps used by the Department do not show these types of obstructions. Subsequent to this incident, ACHD has kept the gate open since Duane Drive is a public street. This is the source of the vacation request. Both Chief Lavey and Chief Niemeyer have strong concerns regarding gates and other obstructions that hinder response to emergency situations. Copies of their concerns are attached. Staff is seeking Council direction and will provide an appropriate comment letter to ACRD. On a related note, the Transportation Task Force is recommending that sidewalks be constructed along Duane Drive as part of the City's Community Programs request. Planning Department . 660 E. Watertower Street, Suite 202, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Meridian City Council Meeting DATE: August 9, 2011 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Legal Department: Boise City Attorney's Office Annual Contract Update and Discussion MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS r W a 0 U CU) .O 4W w W U A A A A M, LM .,x q, 13 ".� i ` L ow L..�,._LM CL •� a) O V IM L _ W _ m t L� 0o O Go CU) .O 4W w W U A A A A 0 T-4 0 U >t M CL) Q 16m. Mo to E 0 .0 9 IL ca: V 0 a L A L CL 0 M L a a o C C 0 0 A 3 o O t u, a 30 a' ._ '� ce o CR O ~ C •-ice a U •E LN p V m v c�n>CLIL C A A A A A 0 A WIW m w �s �o O. wr C CZ E -a Q, U w 27 MINIM o `° 0 �U 4) t: V V O E CL ,g - ,L. � va,w m h. La 0. 4. L = L r .�MIMMI v 0 0 ■m V ME H 47 rl m c a7 'C ._ a%. i rl p a) R a) U� CIM ■� O O m O +.+ E C S Y. _ cn .— in rn N � Q �1. � ns C p U,=mwt�U=J = C V1 d' 0 A L m= C z., �o �� wr C c i __ °f I— MINSIMc . � Eca 13- an L. IMMMM foomC i M� L , U m V w M L Q Y( U Au 000 M MV CL W) a A A RECEIVE;) AUG 0 9 2011 CITY OFGGCER� CITY CLERKS OFFICE_ CONTRACT EXTENSION - FY -2012 Prosecution and Criminal Leeal Service for the City of Meridian Cost for Services The Boise City Attorney's Office proposes to continue to offer Meridian City a flat annual fee to be billed in monthly installments to provide the services described in this proposal. Primary Legal Services Primary prosecutorial legal services include: • Prosecutorial intake screening and review of all police -generated misdemeanor reports and citations; • Timely filing decision and notification back to MPD and customer; • Prosecution of infractions and misdemeanors occurring within the Meridian City limits or pursuant to the Memorandum of Understanding between MPD and BPD; • Coverage of the additional caseloads in the new criminal courtrooms assigned by the Trial Court Administrator. Primary civil legal advice and guidance to the Meridian Police Chief and MPD include:. • Access to members of the Public Safety Division for immediate assistance 24 hours a day, 7 days a week through cell phone and/or pager under MPD's protocol; • On-site legal services by a rotation of police attorneys three half -days each week; • Routine review and approval of MPD's public records requests and property dispositions; • Legal training for Block Training and Advanced Academy on search and seizure, trial preparation, investigations, and domestic violence; • Training on other needs (including those identified through the screening process) by request of the Meridian Police Chief; • Regular legal bulletins, including Idaho case law, U.S. Supreme Court, and the Ninth Circuit. Annual Cost - $2939964 Monthly Installment - $249497 Meridian City Council Meeting DATE: August 9, 2011 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Building Services Division: Strategic Plan Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS a ■ ■ -f--+ a) (� E cuQ (1) T� ❑ U) 0 N o �C O Oj U) U_ Q L- 0 c� O O L U) U = O OCL a) () T aa) ■� Q U N Cl) +I AMP U 4-1 j 7+ (1) >, CU � C C N H Q Q c6 NO Q U o � �C L �- I d cn a) 0 a) Q E O U d) vw I �_ (D > — m Q J N � a) p)� I 4�I Q N (u a) N O I AMPL +' _ 0 m Y o E i2 a? 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Caleb Hood, Meridian Planner Manager RE: Fairview Avenue, Linder Rd to Orchard St Agenda Item for July 26, 2011 City Council Meeting SUBJECT: Fairview Avenue Access Management Plan ACHD Project No. 507022 Rebecca W. Arnold, President John S. Franden, Vice President Carol A. McKee, Commissioner Sara M. Baker, Commissioner David L. Case, Commissioner Executive Summary Ada County Highway District will present details of proposed Fairview Avenue Access Management Plan at the Meridian City Council Meeting on August 9, 2011. We want to ensure your concerns are addressed so that the proposed access management plan is acceptable for adoption later this year. The project team including Boise and Meridian City staff will present this information to the public September 14, 2011 and then provide the Public Information Meeting Summary to each agency. We are scheduling ajoint work session in late October or early November prior to adoption December. Background In cooperation with Boise City and Meridian City, a draft Access Management Plan was prepared as part of Fairview Avenue, Linder Road to Orchard Street Concept Design to optimize the capacity, operations, and safety of Fairview Avenue. The goal of the plan is to balance local land use planning and economic goals with the safe and efficient operation of Fairview Avenue. The Fairview Access Management Plan increases safety and reduces congestion by using a set of tools that allow both the Cities and ACHD to control access and improve safety while increasing traffic capacity of corridor. ACHD envisions that implementation of the Access Management Plan would be a cooperative long-term endeavor, with the Cities taking the lead on implementing the land use tools such as cross access. How would Access Management be implemented? Medians are planned for construction as early as 2014, the medians will provide safer u -turn opportunities and create right -in, right -out only access at most driveways. To best serve the business and public stakeholders, the access management tools need to be implemented together; that means medians would have the least impact when used with cross access, reduced number of driveways, and service drives or public road connections to north -south roadways that then connect to Fairview Avenue. However, medians without the other access management tools still increase safety by eliminating most of the left turns between signals. The other tools should be implemented through the development or redevelopment application process to ensure that access management improves safety without undue burden to stakeholders. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387-6100 • FX 345-7650 The agencies would coordinate their development review processes through language in the adopted Fairview Avenue Access Management Plan and in agency policy or ordinance. Land Use tools that would be implemented through this process would include requiring cross access on up to three adjacent properties, closing or consolidating driveways as identified in the plan, and requiring or building service and public road connections to north -south roadways. What would Fairview Avenue look like? As noted above, the Access Management Plan contains ways in which access, safety, and congestion on Fairview can be improved over time. Implementing the tools as adopted in the plan is a long-term investment in the users' safety as well as the future economic vitality of this corridor. The roll plot aerial of the Access Management Plan provides the detailed visual of what the corridor will look like and the figure below provides a snap shot. Widening and Circulator Roads - long Term Plan - 20+ Years` Figure I Long -Term Access Nta nagemeu t Plan The roll plot aerial depicting future location of access points, service drives, and public roadway will be available for viewing at the Meridian City work session on August 9, 2011. cc: Karen Gallagher, Boise City Planning and Development Services Lisa Applebee, ACFID Project Manager Sally Goodell, P&P Deputy Director Project Files Fairview Avenue Concept Design Draft Access Management Report G 0 2011 Ada Coaaty Highway District CgJ'DIAI�'�`j'l`='' a ,J IMPLEMENTATION OF THE ACCESS MANAGEMENT PLAN CITY CLERKS OFFICE When successfully implemented, the strategies outlined in the Fairview Avenue Access Management Plan (AMP) will ensure that a safe and efficient transportation system is provided along the Fairview Corridor that will meet the short-, mid-, and long-range needs of business and the traveling public. Property owners, developers, and most importantly, local land use agencies, need to act together to implement the goals, access provisions, and circulation network put forth in the Fairview Avenue AMP. The AMP is not intended to deny reasonable access to Fairview, but to carefully manage access to this key principal arterial roadway. However, each access connection to Fairview Avenue represents a reduction in public safety and roadway performance. Because of these negative impacts, access points should be very carefully considered and every attempt should be made to provide access to the local/commercial circulator system, and not directly onto Fairview Avenue. r The AMP strives to create a circulator roadway network adjacent to Fairview Avenue consisting of cross - access, service drives and local streets that allow Fairview traffic safe and efficient access to/from private property. The signalized intersections identified by this access study for full movement and noted on the AMP should not change over time; requests for full movement access to Fairview Avenue should be denied if the proposal is not consistent with one of the locations identified in the AMP. The U-turn and 3/a movement locations are likewise strategically located at the most safe and efficient locations along Fairview; requests to modify the U-turn and '/4 movement locations specified in the AMP should be subject to the Modification Process outlined below. All access needs should first be directed to the local/commercial public roadways and service drives outlined on the AMP that will circulate traffic adjacent to Fairview. Access that allows direct right -in and right -out only maneuvers to Fairview may be granted, if ACHD traffic warrants are met. The following actions will make implementing the Plan a reality: 1. AMP adoption: Official adoption of an AMP by ACRD, and the cities of Boise and Meridian should be the fust step of implementing the Plan. This can be accomplished by formal resolution of the Access Management Recommendations included in this report. A unified adoption by all agencies with interest in the corridor will demonstrate widespread support of the strategies and goals outlined in the report. 2. Adjustment of agency policies and procedures to support the AMP: Following completion, agencies should utilize the strategies outlined in the AMP to adopt new ordinances and/or revise existing ordinances and plans which generally or specifically guide agency decisions for projects in the Fairview Corridor. Formation of overlay districts, adoption of standards within policy or ordinance, comprehensive plan amendments, or adoption of specific studies such as the Fairview Avenue Access Management Plan all are ways agencies can approach plan implementation. 3. Inter -agency coordination: Interagency coordination is critical to this plan. Without the coordination and cooperation of all involved, the Fairview Avenue AMP cannot be implemented successfully. While ACED is the agency ultimately responsible for approving access locations along Fairview Avenue, all agencies need to work closely together to consistently implement the Plan. Early collaboration regarding development review will insure that all provisions for access management are being met, including circulator roadway/driveway locations, cross -access easements, and provisions for temporary access points and road trusts for their removal, will all require a higher level of inter -agency coordination. Whenever possible, land use agency staff should have coordination meetings with ACED prior to pre -application meetings, and ACHD should attend land use agency pre -application meetings. The development community should be educated on the Plan at the pre -application meeting, and agency staff should together provide consistent direction. Additionally, electronic access to the AMP via GIS and/or shared tools such as the Master Street Map should be used so the AMP .is readily available to agency staffs. For successful coordination, agency staffs must be familiar with the AMP and planning and engineering strategies required to achieve the Plan outcomes to ensure that land use and develnnment annrovals are consistent with the AMP. 4. Implementation Process a. When development applications along the Fairview Corridor are submitted to the land use agencies, the applications will be transmitted to ACRD as soon as practical. The criteria set forth in the tables below will be used to determine if the AMP will be used in agency review, and if so, which elements of the Plan apply. b. Briefly define criteria i. Plan Does Not Apply (No requirements) ii. Provide Cross Access to Abutting Properties iii. Review Driveway for Compliance with Plan: Remove, Allow Temporary, or Allow Permanent Construct Major Service Drive or Public Road per AMP c. Templates for findings and conditions of approval will be composed so review of development applications along the Fairview Corridor can be processed efficiently and consistently among the agencies. Modification Process: If an applicant requests a modification to the service drive, public roadway, driveway, and/or cross -access network shown on the AMP then the following protocol should be followed. a. Applicant will provide a request in writing to the agencies, outlining the specific request and justification for the modification and any technical analysis required (e.g.- traffic impact study) b. Agency staff will discuss the merits of the request and determine if it is consistent with the AMP. c. Request for modification will first be heard by the ACRD Commission, who will make a recommendation to the land use agency for/against the requested modification. d. The land use agency will act on the modification request, and will not issue any approvals until such time that the ACRD Commission has provided a recommendation. e. If a modification is approved, the AMP should be updated to reflect the change(s). 'Z a m m y O O ,F.2 M.2 M x x - X X X X' X X • X X . X �a 2� C .- O � U R O — 3 o Go) o xx .xxx x x x xx x Lc(OOE N 0 V N Q o. N O` N d O m x x . x x x ' x X X. XX . x . U c Q w 7 'O.54 O Q L 11 T Q y 6 C 0 o E N 3 x x -X x x x ' x x x x' x x ' x x x x x x x x N O C O m c FL U * U, ac o m `m U E > c U U + c o a m U* �N E O E 0 a o _N N E* O M C c o+ o 'C 'U w N o C c U >o c E = o * -0 c N a +' m m m E *+ m - o (0 E+ V1 Q E O aci E '� J f0 C= C O C` c a * C � m > ,� C � Q U C C N 0= E a) N m C N y o D ,a v E mo ° m E Oc a 3 0 `o_' o E 3¢ m o o 0 o c 0 N c o G o E o ° O. 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In F H>> Meridian City Council Meeting DATE: August 9, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Legal Department: Solid Waste Advisory Committee (SWAC) Recommendation on the Continuation of the Franchise Agreement with Sanitary Services Company (SSC) forFY2012 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: The Mayor and City Council, City of Meridian From: Nancy Mann, Chairman, Solid Waste Advisory Commission (SWAG) Date: q�&Jll Re: SWAC Recommendation on the Renewal of the Franchise Agreement with SSC for FY2011 Purpose: Per City Council instructions, the Solid Waste Advisory Commission has completed its review of SSC's performance during FY2010 in order to make a recommendation whether or not to approve the automatic renewal beginning October 1, 2011 of the Franchise Agreement with Sanitary Services for FY2011. While conducting the current review, SWAC relied upon its firsthand experience working with SSC on a variety of matters this past year, and the following information: 2010 SSC Annual Report, 2011 SSC First and Second Quarter Reports, and various input from the community as outlined below. Findings: 1. During the past year, SSC has worked with SWAC and the City of Meridian to transition from the City's old rear -loader unlimited collection program to its fully automated trash collection system with resounding success. (See SSC Reports outlined above for statistical support) 2. Recycling has taken off in the City during the past year in large part due to SSC's continued community outreach efforts designed to encourage community participation in the City's voluntary curbside recycling program, which is provided free of charge. (See SSC Reports outlined above for statistical support) 3. In addition to performing its contracted duties, SSC worked with SWAC to design and implement a Spring Collection Week to compliment its Fall Leaf and Holiday Collection Programs. 4. SSC has kept SWAC informed of changes occurring at the Ada County landfill which may have an impact on rates in the near future. 5. The Recycling/HHW Revenue Program was recently approved by City Council to be re- activated due to SSC's willingness to share profits with the City due to the market upturn during FY2010. 6. During 2010 SWAC has also worked with SSC to: (a) Resolve customer service/rate complaints in connection with collection services; (b) Improve Code Enforcement policies and practices; and (c) Consider citizen input on ways to improve the recycling program. Conclusion: SSC has provided services in addition to its contracted duties and responsibilities and performed them above and beyond the manner and standard prescribed in the Agreement. Recommendation to Approve Automatic Renewal Z e No rr��l/jj � i� NancyMarmL Katie Glenn Mollie Man eric Robert Corrie Todd Carlson _ Steve Cory.1 Andrea Pogue � Tom Sauer Youth Seat (vacant SWAC Recommendation on Renewal of SSC Franchise Agreement MEMORANDUM To: Mayor Tammy DeWeerd Members of the Meridian City Council: Mr. David Zaremba, President Mr. Brad Hoaglun, Vice President Mr. Keith Bird Mr. Charlie Rountree Members of the Meridian Solid Waste Advisory Commission From: Sanitary Services Company, Inc. (SSC) Subject: Summary of Solid Waste Collection and Recycling, First Quarter, 2011 Date: April 12, 2011 Introduction Sanitary Services Company is dedicated to providing reliable solid waste collection; innovative, effective recycling and waste reduction programs; quality customer service; valuable public outreach and education efforts; and strong community involvement to the areas we service. This quarterly report includes solid waste and recycling information for the first calendar quarter of 2011. We have included data for the prior quarter for comparison purposes. More detailed information is available upon request. Please contact SSC at 888-3999 if you have comments or questions regarding this report. Residential Trash Collection In July of 2010, trash collection in Meridian changed from a rear -loader unlimited collection program where residents could set out as much trash as they wanted, to a fully automated collection system where customers choose the size and number of wheeled trash carts they need and pay accordingly, thus making residents more accountable for the amount of trash they dispose of. To help lower the amount of trash residents place at the curb, SSC encourages participation in the voluntary curbside recycling program, which is provided free of charge. The new collection system has made an impact on the amount of trash that Meridian residents throw away. During the first quarter of 2011, SSC collected 11,003,400 pounds of trash from our residential routes. This amount showed a decrease of 23.3 percent from the first quarter of 2010, when trash service was unrestricted and residents were allowed unlimited disposal of household waste. 1 Residential Curbside Recycling The residential curbside recycling program began in October of 2000 as a source separated system using a 15 -gallon recycling bin. In Mid -October of 2009, the curbside recycling program changed to an automated, co -mingled system in which residents have their choice of using a 35 -gallon, 65 -gallon, or 95 -gallon wheeled cart for recycling. The following items are accepted for curbside recycling in Meridian: mixed waste paper. (including telephone directories), corrugated cardboard, magazines and catalogs, aluminum and tin cans, newspaper, and all numbers of plastic bottles, tubs, jugs, and clamshells. Meridian residents diverted 1,913,400 pounds of recyclable materials (17.4 percent of the residential waste stream) from the landfill during the first quarter of 2010. This was an increase of 22.9 percent from the first quarter of 2010. Used Oil Recycling Curbside collection of used motor oil was first offered to Meridian residents in May of 1999, and used cooking oil was added to the program in July of 2006. Meridian is the only city in the Treasure Valley to offer used cooking oil recycling to its residents. There have been 70,960 gallons of used oil collected since the program began. During the first quarter of 2011, residents recycled 1,260 gallons of used oil through the curbside program, a 10.2 percent decrease from the first quarter of 2010. Household Hazardous Waste Collection The Meridian Household Hazardous Waste (HHW) collection site, located in the SSC parking lot, is the busiest mobile collection site in Ada County. Meridian residents can drop off their HHW between noon and 7:00 PM every Monday except major holidays. Nearly 891,000 pounds of household hazardous waste has been collected at the Meridian mobile collection site since the program began in 2001. First quarter collection numbers for 2011 were nearly identical to 2010. During the first quarter of 2011, there were 28,036 pounds of HHW collected, which was an increase of exactly 10 pounds from the first quarter of 2010. The number of participating homes continues to increase. The Meridian mobile collection site serviced 1,185 homes during the first quarter of 2011, an increase of 13.3 percent from the first quarter of 2010. 7 Roll Off Refuse Collection Roll off services are provided to permanent accounts that have compactors or roll off boxes, and temporary accounts that utilize mini roll off boxes (6, 8, and 10 cubic yard boxes) or our larger 20, 30, or 40 cubic yard boxes. The SSC roll off system collected 8,204,070 pounds of waste during the first quarter of 2011, a 2.6 percent increase from the first quarter of 2010. Comparison of First Quarter Roll Off Collection SSC diverts several items from the landfill via our roll off program. During the first quarter of 2011, there were 1,032,333 pounds of materials recycled via the roll off program rather than taken to the landfill. This amount represented an increase in diversion of 2.8 percent from the same timeframe in 2010. Comparison of First Quarter Roll Off Diversion ..ity Cardboard 2o o Pounds 750,630 201i 802,598 Wood 31,500 33,000 Paper 43,010 35,955 Gypsum 136,000 60,000 Plastic Bottles 24,060 41,460 Metal 0 33,070 Christmas Trees Total 18,750 1,003,950 26,250 3 SSC Transfer Station Collection The SSC transfer station accepts waste from commercial trucks, residential trucks, roll off trucks, mini roll off trucks, and public vehicles. There were 24,242,400 pounds of waste compacted at the transfer station during the first quarter of 2011, an increase of 6.3 percent over the first quarter of 2010. This figure included waste from Kuna and unincorporated Ada County, which SSC does not provide trash collection services to. The waste was taken to the Ada County Landfill for disposal. In addition to solid waste drop off, SSC provides recycling opportunities for several items at our transfer station. During the first quarter of 2011, there were 759,635 pounds of materials recycled via the SSC transfer station rather than taken to the landfill. This was an increase in recycling of 20.9 percent over the first quarter of 2010. Comparison of First Quarter Transfer Station Diversion ..ity Wood 2r r Pounds 348,000 2GIi 286,500 Grass 0 5,620 Rock 150,000 150,000 Metal 81,180 127,175 Leaves 0 118,200 Cardboard 25,290 47,200 Carpet Pad 12,400 23,260 Christmas Trees 9,000 mixed w/wood Refrigeration Units Total 2,590 r 1,680 759,63S I 11 Commercial Collection Sanitary Services provides collection to each commercial business in Meridian at least once a week. Our front load trucks collected 9,168,600 pounds of waste during the first quarter of 2011, an increase of 18.3 percent over the first quarter of 2010. In November of 2007, SSC began offering a Commercial Co -Mingled Recycling Program utilizing 95 -gallon carts for small businesses, and specialized 5 -yard containers for larger businesses. Numerous businesses and every school within Meridian City limits participate in this successful recycling program, and approximately 5,886,000 pounds of materials have been recycled through their efforts. Items that can be recycled in this recycling program include: newspapers, corrugated cardboard, magazines and catalogs, aluminum and tin cans, mixed waste paper, and plastic bottles and jugs. During the first quarter of 2011, there were 537,150 pounds of co -mingled recyclables collected from Meridian businesses, which was an increase of 12.5 percent compared to the first quarter of 2010. 5 MEMORANDUM To: Mayor Tammy de Weerd Member of the Meridian City Council: Mr. David Zaremba, President Mr. Brad Hoaglun, Vice President Mr. Keith Bird Mr. Charlie Rountree Members of the Meridian Solid Waste Advisory Commission: Ms. Nancy Slonaker, Meridian Resident, Chairperson Ms. Karie Glen, MOBS, Vice -Chairperson Mr. Todd Carlson Mr. Robert Corrie Mr. Steve Cory Ms. Mollie Mangerich, Public Works - ✓Ms. Andrea Pogue Mr. Tom Sauer From: Steve Sedlacek, Sanitary Service, Inc. Subject: 2010 Annual Report to the City of Meridian Date: February 21, 2010 Attached is our Annual Report to the City of Meridian for calendar year 2010. If there are any questions or comments regarding the report please contact me. ev P.O. Box 626, Meridian, ID 83680 Phone 208/888-3999 Fax 208/888-5052 tI Primed on Recycled Paper Sanitary Services Company, Inc. 2010 Annual Report to the City of Meridian Prepared For: Mayor Tammy de Weerd Councilperson David Zaremba, President Councilperson Brad Hoaglun, Vice President Councilperson Keith Bird Councilperson Charlie Rountree Table of Contents Executive Summary. Waste Stream Overview 2 Waste Generation Residential Collection Commercial Roll Off Refuse Collection 3 SSC Transfer Recycling Id Residential Recycling Services 5 Commercial Recycling Se Roll Off Recycling Servi SSC Transfer Station Recycling Services 9 Public Outreach Sharps Container Safety and Compliance SSC Fleet and Maintena Community Involvement 14 Future Solid Waste Management Issues 15 Executive Summary ' Sanitary Services Company (SSC) is dedicated to providing reliable solid waste collection; innovative recycling and waste reduction programs; quality customer service; valuable public i outreach and education efforts; and strong community involvement to the areas we service. The SSC 2010 Annual Report presents solid waste statistics for the City of Meridian in 2010, discusses progress made in 2010, addresses community involvement issues, and presents ideas for new programs and initiatives in 2011. The year 2010 had many successes for Sanitary Services Company and the City of Meridian: • Converted the unlimited residential trash collection program to a fully automated, "pay - as -you -throw" system using 35 -gallon, 65 -gallon, and 95 -gallon wheeled carts where residents choose the size container they want, and pay accordingly. • There were a total of 28,999 wheeled waste carts and 16,819 co -mingled recycle carts in use by Meridian residents at the end of 2010. • Added 6 automated side loader vehicles to our service fleet. • SSC received 108 new requests to be placed on the list serve distribution in 2010. The total number of list serve members at the end of the year was 393, an increase of 33.2% from 2009. Changes in the waste stream in 2010 include: • Approximately 162.8 million pounds of waste was generated in Meridian, a decrease of 2.5 percent over 2009. • The volume of waste generated in Meridian in 2010 decreased for the most part. Residential waste decreased by 9.4%, roll off waste volumes saw a decrease of 9.1 percent, and solid waste volumes at the SSC transfer station decreased by 4.8% from 2009. Commercial waste showed the only increase of volume in 2010, with 8.8% more trash hauled than in 2009. • Recycling programs were very successful in 2010. Residential curbside recycling increased by 72.5 percent, business recycling increased by 19.3%, and roll off diversion increased by 7.4 percent. Recycling volumes at the SSC transfer station decreased by 4.7% from 2009. • Nearly 149,800 pounds of HHW was collected, a 2.4% increase from 2009. More than 5,500 households used the Meridian mobile collection location in 2010, an increase of 33.8% from 2009. 1 Waste Stream Overview ' The total amount of waste generated in Meridian during 2010 was 162,757,342 pounds, a 2.5% decrease over 2009. Here is a comparison of waste streams between 2009 and 2010: *Includes figures for residential, commercial, transfer station, and SSC shop recycling efforts ( Waste Generation Rates Meridian residents generated 70,678,800 million pounds of household waste during 2010, which equates to 8.2 pounds of trash generated per house per day, and 2.7 pounds of residential waste generated per person per day. i This represents a decrease in residential trash generation of 9.4 percent, a decrease of 10.9 percent per household, and a decrease of 12.9 percent per person from 2009. For comparison, EPA states that the national average for waste generation is 4.5 pounds per person per day. These decreases in trash generation may be due in part to the conversion to an automated, "pay -as -you -throw" collection system that took place in July of 2010. Residential Collection In July of 2010, trash collection in Meridian became fully automated. The new collection system let residents to choose between 35 -gallon, 65 -gallon, or 95 -gallon wheeled carts, and pay according to the container size. The new system made residents more accountable for the amount of trash they dispose of, and encouraged participation in the voluntary curbside recycling program, which is provided free of charge. Residential waste cart totals in use at the end of 2010 were: 35 -gallon = 1,044 65 -gallon = 3,309 95 -gallon = 24,646 The new automated collection system may have had an impact on residential waste generation. SSC collected 70,678,800 pounds of household trash in 2010, a decrease of 9.4 percent from 2009. 2 Commercial Collection Sanitary Services provides collection to each commercial business in Meridian a minimum of one time per week. The frequency of collection and the container size are determined by the specific waste generation characteristics of each business. There were 39,486,300 million pounds of materials collected with SSC front load trucks during 2010. This amount represents an increase of 8.8% from 2009. Roll Off Refuse Collection Roll off services are provided to permanent accounts that have compactors, or roll off boxes, and temporary accounts that utilize 20, 30 or 40 cubic yard boxes. Temporary containers are typically used for construction debris during home and/or business building or renovation. "Mini" roll off boxes (6, 8, and 10 cubic yard boxes) were also part of the roll off refuse collection system, allowing customers to have more choices to fit their collection needs. The amount of waste generated in this system is directly dependent upon the amount of construction activity in Meridian, which decreased in 2010. The total weight of material generated in this system was 33,890,060 pounds in 2010, a decrease of 9.1% over 2009. The breakdown of material sent to the landfill from the roll off system in 2010 is as follows: • Compacted materials totaled 18,264,500 million pounds, a decrease of 0.8% from 2009. • Demolition materials totaled 13,273,680 million pounds, a 15.7% decrease from 2009. • Loose materials totaled 2,351,880 million pounds, a decrease of 24.9% from 2009. 3 l l SSC Transfer Station SSC finished construction of the transfer station in March of 2006. Our fleet brings Meridian's trash to the 12,000 square foot enclosed facility, where it is compacted and later hauled to the Ada County landfill. For a small fee, businesses and residents can dispose of construction debris, tires, commercial waste, household waste, and some recyclables. Several types of traffic accessed the transfer station in 2010 including commercial trucks, mini roll off trucks, public vehicles, residential trucks, and roll off trucks. SSC Transfer Station Traffic - 2010 (Cubic yards er vehicle type) `53,844 86,296 33% 21� 2,788 1% ■ Commercial Trucks ❑Mini Roll Off Trucks ■ Residential Trucks 43,473 ■ Public Vehicles 73,298 17% ❑Roll Off Trucks 28% Nearly 113,104,000 pounds of compacted trash were hauled from the SSC transfer station to the Ada County landfill in 2010, a decrease of 4.8 percent over 2009. This amount included waste from the surrounding area that SSC does not service, including Kuna and unincorporated Ada County. SSC accepts a number of commodities recycling at the transfer station. This program is discussed later in the report. rd Recycling Services Recycling services are provided to residential and commercial customers throughout the year. l The following commodity weights were diverted from the landfill in 2010: Commodity Co -Mingled Curbside Recycling Residential 7,062,610 Corrugated Cardboard Commercial & Transfer Station 3,366,299 Co -Mingled Business Recycling Commercial 2,091,060 Wood Waste Commercial & Transfer Station 1,888,500 Rock Commercial & Transfer Station 1,320,000 Grass Transfer Station 1,018,250 Fall Leaf Collection Residential & Transfer Station 720,000 Scrap Metal Commercial & Transfer Station 420,028 Gypsum (Sheet Rock) Commercial 196,000 Paper Commercial 189,280 Household Hazardous Waste Residential 149,773 Plastic Bottles Commercial 106,390 Used Motor and Cooking Oil Residential & SSC Shop 59,276 Carpet Pad Transfer Station 50,250 Christmas Trees Residential & Transfer Station 27,750 Tires Transfer Station 25,560 Refrigeration Units Transfer Station 10,430 Antifreeze j SSC Shop Total 726 18,702,182 Residential Recycling All of the curbside recycling programs throughout Ada County accept the following items: ( Mixed waste paper (including telephone books), corrugated cardboard, magazines and catalogs, aluminum and tin cans, newspaper, and all numbers of plastic bottles, tubs, jugs (including lids) and clamshells. Every residential customer in Meridian has access to curbside recycling services as part of their basic collection services. The curbside recycling program is voluntary, and there is no penalty to residents who chose not to participate. Curbside Recycling Collection Recycling in Meridian is voluntary. When the curbside recycling program began in October of 2000, residents were required to sort their recyclables into three bags placed in a recycle bin. In Mid -October of 2010, the curbside recycling program changed to an automated, co -mingled system that did not require participants to sort the materials. Collection takes place on a bi- weekly system where residents are designated by "A" and "B" week collection. 5 Residents have their choice of 35 -gallon, 65 -gallon or 95 -gallon co -mingled recycling carts. Response to the co -mingled recycling program has been very favorable. At the end of 2010, 16,819 co -mingled recycling carts were in use by Meridian residents. The Meridian curbside recycling program diverted 10.0 percent of the residential waste stream in 2010. The weight of material collected in the residential curbside collection program was I nearly 7,063,000 pounds, an increase of 72.5 percent from 20091 Since October of 2000, approximately 67.1 million pounds of recyclable waste has been diverted from the landfill through the curbside recycling program. ( Household Hazardous Waste Collection Program i r Sanitary Services contracts with PSC of Houston, Texas to conduct household hazardous waste (HHW) collection events in the SSC parking lot located at 2130 W. Franklin. Since this program began in 1999, almost 862,800 pounds of HHW have been collected at the Meridian collection l site. i Collections occur every Monday (accept major holidays) from 12:00 noon until 7:00 P.M., enabling residents to drop off items around their work schedules. Meridian offers residents more collection days per month than any other drop off site in Ada County. Nearly 149,800 pounds of HHW was collected in 2010, which represented a 2.4% increase from 2009. More than 5,500 households utilized the Meridian mobile collection location in 2010, an increase from 2009 of 33.8 percent. The following table shows how the HHW program has grown over the past five years: Special at-home collection of household hazardous waste is available to elderly and physically challenged residents who are unable to transport their household hazardous waste themselves and do not have access to assistance from others to transport their hazardous waste to an established collection site. SSC would like to recognize the Ada County Commissioners for donating all of the disposal costs for the wastes that were collected. Without this donation the cost of the program would most likely be too prohibitive to conduct. N Used Oil Collection Meridian residents can place up to 2 gallons of used cooking and/or motor oil per week next to their garbage cans on their trash collection day. Residential customers with more than 2 gallons of used oil can bring it directly to SSC for recycling. Meridian is the only city in the Treasure Valley that offers used cooking oil recycling to its residents. The oil is collected in a waste oil tank on our residential collection truck and brought back to ( SSC and placed in a storage tank until it is picked up by Thermo Fluids for recycling. r In 2010, 5,768 gallons of used motor and cooking oil was collected for recycling from residential I customers, which was a 20.4% decrease from 2009. Since the used oil recycling program began i in October of 2000, more than 69,700 gallons have been recycled. Seasonal Recycling Opportunities Fall Leaves Each year, the Meridian Kiwanis and the Meridian Boys & Girls Club sponsor "Rake Up i Meridian," a program designed to help disabled citizens and seniors who are unable to rake their yards. SSC donates the paper leaf bags and all collection services. l (. Fall leaf collection for Meridian residents was timed to coincide with "Rake Up Meridian." ( Residential customers who wished to have their leaves recycled placed them in large paper leaf j bags or cardboard boxes and put them at the curb for collection from November 1 to November 19. This program has become so popular that the collection period was increased to three weeks. Residents could also bring their leaves to the SSC transfer station for recycling free of charge during the entire month of November. The leaves were transported to the Ada County Landfill, where they were ground into compost. Ada County did not charge a disposal fee for this material. Christmas Trees SSC collected Christmas trees curbside for recycling from January 4 — 15, 2010. This service was provided free of charge to Meridian residential trash customers, and it was the first time that a two-week collection period was offered. The trees were delivered to the wood chipping operation at the Ada County Landfill and processed for use in landscaping. Ada County did not charge disposal fees for this program. Meridian residents could also bring their Christmas trees to the SSC transfer station and the Ada County Landfill free of charge for recycling thru January 23, 2010. 7 Compost Bins Cans for Cash Sanitary Services partnered with Earth Machine West, a nationwide distributer of "Earth Machine" compost bins made from recycled plastic. SSC has these bins available for purchase to residents who want to recycle their organic material rather than throwing it away. This has been a highly successful program, and the "Earth Machine" compost bins have been popular with customers. The City of Meridian participated in the nationwide Cans for Cash City Recycling Challenge from October 1 to October 31. Meridian was competing with cities of similar size nationwide for two $5,000 awards that could be applied toward encouraging recycling and recycling education programs. Residents participated by setting out aluminum cans in their green recycling bins on their regular collection day. Meridian collected more than 6,500 pounds of aluminum beverage cans during the Challenge. This is the sixth year Meridian has taken part in this program. Commercial Recycling Businesses that recycle gain financially through reduced solid waste disposal fees. In some instances, the revenue generated by the commodities is returned to the business. Co -Mingled Business Recycling In November of 2007, Sanitary Services launched a new Commercial Co -Mingled Recycling ( Program, utilizing 95 -gallon carts for small businesses, and specialized 5 -yard containers for larger businesses. Items that can be recycled in the co -mingled program include: Newspaper, corrugated cardboard, magazines and catalogs, aluminum and tin cans, mixed waste paper (including telephone books), and plastic bottles and jugs (numbers 1-7, including lids). ( This program is being used by several Meridian businesses, and every school in the Meridian City limits has 5 -yard recycling containers at their facility. l In 2010, almost 2,091,100 pounds of materials were recycled through the commercial co - mingled recycling program, an increase of 19.3% from 2009. l 8 Roll Off Recycling In 2010, SSC diverted more than 4.4 million pounds of materials through Roll Off accounts, an increase of 7.4 percent from 2009. The following table details the changes in the amounts of commodities recycled through the SSC Roll Off accounts between 2009 and 2010: Commodity.• Cardboard Pounds Recycled in 2009 3,041,359 3,198,549 Rock 264,000 150,000 Wood 184,500 220,500 Leaves 176,400 288,000 Paper 167,770 189,280 Gypsum (Sheet Rock) 146,000 196,000 Plastic Bottles 77,010 106,390 Metal 24,109 36,020 Christmas Trees Total004,403,489 11,250 18,750 SSC Transfer Station Recycling Sanitary Services believes strongly in the value of providing recycling opportunities for Meridian residents and accepts materials at the transfer station that are not available through the r curbside recycling program. In 2010, SSC diverted more than 4.9 million pounds of materials through the transfer station. This amount represented a decrease in recycling of 4.7 % from 2009. The following table details the changes in the amounts of commodities recycled at the SSC transfer station between 2009 and 2010: Commodity00 Wood 1,864,500 1,668,000 Grass 1,208,500 1,018,250 Rock 1,140,000 1,170,000 Metal 366,803 384,008 Leaves 324,000 432,000 Cardboard 177,910 167,750 Carpet Pad 57,970 50,250 Tires 18,360 25,560 Christmas Trees 10,500 9,000 Refrigeration Units Tota 1 10,500 0, 10,430 ; 9 Public Outreach Efforts SSC believes that public awareness and education are the keys to successful programs. Sanitary ! Services placed a strong emphasis on public education so that residents and businesses were i aware of the numerous solid waste and recycling programs offered in Meridian. List Serve In 2004, Sanitary Services began offering our monthly list serve "SSC At -A -Glance" to Meridian i residents who wished to be informed electronically of upcoming events, program changes, and holiday collection schedules. This service has proved to be popular with Meridian residents. SSC received 108 requests from residents during 2010 to be placed on the list serve. The total number of list serve members at year's end was 393, an increase of 33.2% from 2009. Newsletters I To reach a large number of residents, Sanitary Services continued "Talkin Trash," our quarterly newsletter. This publication was included in all residential and commercial bills. Each issue contained information such as how to contact SSC, the website, how to join the email list serve, household hazardous waste mobile collection, prescription drug drop off, and upcoming holidays that may or may not delay trash and recycling collection. oTalkin Trash! Website Special topics covered in the 2010 newsletters included: Converting to an automated residential collection system, the Meridian Solid Waste Advisory Committee, seasonal curbside recycling opportunities, used motor and cooking oil recycling, the SSC truck communication system, trash set out guidelines, the "Environment at Work" Award, recycling tips, composting, grass recycling, proper raking, B20 biodiesel, sharps container program, business recycling, presentations, CityNews, and how to download the recycling schedule online. To better fit the needs of our customers, SSC expanded our website and addressed more topics of concern, made commonly asked information easier to find, and increased our pages to include more than just basic trash and recycling information. 10 Educational Talks Sanitary Services received 21 requests for recycling i presentations in 2010. The talks were given to nearly 775 children and adults. C Audiences included schools, preschools, church rgroups, youth groups, and numerous Boy Scouts troops. An SSC recycling truck was onsite for some of the presentations. Additionally, five field trips from various local youth groups were conducted at the SSC facility, allowing kids to see the SSC trucks up close, learn how they work, meet some of the drivers, and learn more about trash and recycling. Miniature recycling bins, mini trash cans, miniature wheeled carts, recycling tattoos, battery bags, and pencils made from recycled newspaper were handed out to everyone who attended. Parks & Recreation Community Education Classes (, SSC partnered with Meridian Parks & Recreation for the fourth year in a row by offering r community education classes relating to curbside recycling, worm composting, and papermaking. The classes were offered at various times throughout the year, and were popular with the public. Booths & Special Events Sanitary Services participated in several special occasions during 2010, including the Meridian State of the City, Town Hall Meetings, the Meridian Dairy Days Parade, University of Phoenix Bike Rodeo, Meridian Block Party, Linder Elementary Career Day, and the Meridian Motor Fair. SSC staff displayed information and answered questions about curbside recycling in Meridian, Household Hazardous Waste collection, the sharps container program, and other services provided by SSC. When possible, SSC fleet vehicles were onsite for display. SSC won third prize in the 3rd place in the Meridian Dairy Days 2010 "COW WOW!" Contest with "Oscar the Grouch" cow! In October, SSC received a very unique request for help. A soon to be 3 - year -old Meridian boy was so infatuated with SSC garbage trucks that his mother themed his birthday party after garbage trucks. SSC helped make his special day even more special by showing up with three garbage trucks, a hat, shirt, and a mini garbage truck. Party favors and games were also donated by SSC to help with the party theme. 11 Old Town Clean Up ( Numerous community volunteers took part in the 5th Annual Old Town Clean Up, held in April. ( Volunteers worked in a designated five -block area of Meridian's Old Town, clearing trash, ( debris, and wood waste from several properties. SSC has been a part of this event since it began in 2005, and once again provided the containers and hauling services. Sharps Container Program ( There are approximately 9 million syringe users outside of traditional health care facilities. These syringe users administer more than 3 billion injections in one year. The majority of sharps (needles, lancets, syringes) are thrown away in household trash, putting neighbors, children, and trash collectors at risk of needle stick injuries and infections. i In 2006 SSC partnered with Larson -Miller Medical Waste Disposal Service to provide a local f solution to this problem. Residents of Meridian can receive free sharps disposal containers at ( the SSC facility. Participants remain anonymous. Larson Miller collects the containers free of charge, and treats them before disposal. Several hundred sharps containers were distributed to Meridian residents between January and December, 2010. Safety and Compliance SSC cares about the safety and well-being of our employees. Employees are provided with insurance that includes medical, dental, and vision benefits as well as access to an Employee Assistance Program. Gold's Gym offers SSC employees a discounted membership rate. SSC offers free smoking cessation support and medication to our workers who want to stop smoking. Employees also have access to free Hepatitis, Tetanus, and flu shots. Sanitary Services is very proactive when it comes to safety and complying with OSHA standards. We employ a full time Safety Supervisor and conduct monthly safety meetings with our drivers. All newly hired employees are tested for drugs using Department of Transportation compliance standards. Random drug testing is conducted on three of our drivers and/or shop mechanics per quarter. Our residential trash and recycling drivers are required to wear gloves and ankle -supporting leather footwear. Hard hats, gloves, leather boots with ankle support, and high visibility vests are required by all workers in the transfer station. 12 Safety Meetings in 2010 Back Safety Basics Lock -Out Tag -Out Company Benefits & Policies Blood Borne Pathogens Safe Driving Fire Extinguishers Heat Stress Good Health Material Safety Data Sheets Bad Weather Driving Tire Chains Confined Spaces r Shop mechanics are provided with coveralls, safety glasses, gloves, and hearing protection. ( Leather boots that support the ankle are worn by all shop employees. Additionally, the shop ( adheres to the "buddy system" so no one person works alone in the bays in case an accident ( occurs. First aid kits and hearing protection are provided in the shop, transfer station, and the training/break room. The SSC shop is equipped with an eyewash station. SSC Fleet and Maintenance SSC fleet vehicles are serviced by professional mechanics on a 20 -day maintenance cycle throughout the year. Oil and other fluids, brakes, tires, and wiper blades are inspected on a regular basis and replaced as needed. The SSC shop recycles when possible, and 165 gallons of antifreeze and 2,700 gallons of motor oil were diverted during 2010. i Sanitary Services Company began using 20% Biodiesel in our fleet vehicles in 2002 and was the first entity in Idaho to use Biodiesel as an alternative fuel. SSC has continued to use this fuel source in part to protect the air in our residential routes. In May of 2006 a 12,000 gallon fuel tank was installed at our facility to supply B20 in all of our vehicles. SSC uses automated side loader vehicles to provide service to the residential trash and recycling accounts. Back-up trucks are available in the case of breakdown or increased service needs. Commercial accounts are collected using front -loading trucks and a rear -loading truck for commercial can services. An additional truck is available as both a back-up truck and for providing commercial co -mingled recycling services. SSC utilizes roll off trucks equipped with a cable hoist system. The mini roll off trailers are serviced by pickup trucks. A Komatsu loader is used to push garbage into the compactor at the SSC transfer station. Volvo semi tractors with Western Trailers semi trailers haul the compacted trash from the SSC transfer station to the landfill. Back up tractors and trailers are also available. 13 Community Involvement Sanitary Services is very privileged to be part of the community of Meridian. We feel that it is i important to give back to the community that makes us successful. Some of the organizations ( and functions that we supported in 2010 include: Boise State University Truck Driving Program Boys & Girls Clubs of Ada County City of Star Student Scholarship Fund Drug Free Idaho Gem State Academy Idaho High School Rodeo — District II Idaho Trucking Association I Idaho State Police Association ( Mayor's Anti -Drug Coalition Mayor's Youth Advisory Council Meridian Athletic Roundtable Meridian Chamber of Commerce Meridian Churches Meridian City I Meridian Dairy Days Meridian Downtown Merchants Association Scarecrow Festival Meridian Education Foundation Meridian Fire Department Meridian Food Bank Meridian Historical Society Meridian Kiwanis Meridian, Mountain View, and Rocky Mountain High Schools Meridian Holiday Parade Meridian Optimist Club Meridian "Paint the Town" Meridian Wreath Festival Meridian's Promise Old Town Community Clean Up "Rake Up Meridian" Treasure Valley Clean Cities Coalition 14 Future Solid Waste Management Issues Solid waste collection in Meridian is facing the challenge of rising landfill fees and fluctuating ( commodity values for recycled items. This leads us to look for ways to divert waste from the landfill toward recycling and reuse alternatives. SSC is evaluating the following initiatives: 1. Alternative Fuels: SSC currently uses an 80/20 mixture of diesel and vegetable oil to power our trucks. In the future, other fuel types such as compressed natural gas, and other truck types such as diesel-electric hybrids may become more common. We will continue to evaluate all of these technologies and apply them where they are cost effective. 2. Composting: One of the heaviest portions of the waste stream is the organic portion made up of yard, garden, and food waste. This type of waste can be composted if there ( is a permitted composting facility within an economical travel distance. SSC hopes to work with the City of Meridian to develop a composting facility that will divert this portion of the waste stream and allow for the composting of biosolids from the wastewater treatment plant. This would benefit SSC as well as the City of Meridian. Once in place, SSC would be able to divert waste through the transfer station as well as collect organics curbside from residential homes. 3. Conversion to Per -Ton Landfill Fees: Ada County will be converting from volume -based landfill fees to weight -based fees in 2011. This will require a revision to the solid waste collection fee structure, and addition of scales at the transfer station. SSC will work ( closely with the Meridian Solid Waste Advisory Commission to evaluate and implement these changes. 15 Meridian City Council Meeting DATE: August 9, 2011 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: City Council: Discussion of Meeting Times for Future City Council Workshops MEETING NOTES 66 3 ; c5-0 StX,-,��n �,J 6 -As �� S Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 9, 2011 ITEM NUMBER: 7Z��=[��►1�luf��.�1 ITEM TITLE: Fire Department: Introduction to Pipeline and Discussion of Action Plan MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 0 to N to O N (D 0) cow co m co w <t m (11) snipes ease paezeH 0 O Cl) o � N N I O y O Q CD O d O CLO 0 rn E O C) O c O O t— . O O LO O n Meridian City Council Meeting DATE: August 9, 2011 ITEM NUMBER: 7A ITEM TITLE: Ordinance No. //- NO : ZOA 11-002 Unified Development Code (UDC) Text Amendment by City of Meridian Public Works Department Request: Amend the Surety Section, UDC 11-5C to Include Clarifications, Increase Surety Amounts and to Provide for Bonds as a Form of Surety MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT - NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA 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. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive 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 changes to the Unified Development Code within the City of Meridian to provide for orderly growth and development and to carry out the policies of Meridian's Comprehensive Plan; 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: Section Text 11-5C-1 PURPOSE: The purpose of this article is to establish procedures that guarantee the completion of improvements where city engineer signature on the final plat or occupancy of a structure is desired, but the improvements required by the city have not been completed. 11-5C-2 APPLICABILITY: The provisions of this article shall apply to those improvements that are not needed to protect the public health, safety and life (including, but not limited to: landscaping, fencing, pressurized irrigation systems and site amenities) and those. Improvements that are needed to protect the public health, safety and life (including, but not limited to, water, sewer, reclaimed water, stormwater facilities or improvements, and power facilities; parking lot paving and striping; and street paving). UDC TEXT AMENDMENT ORDINANCE —AUGUST, 2011— ZOA 11-002 Page 1 of 3 Section I Text 11-5C-3 PROCESS: A. The city may withhold building, electrical or plumbing permits, certificates of zoning compliance, or certificates of occupancy on the lots or land being developed or subdivided, or the structures constructed thereon, if the improvements required under this title have not been constructed or installed, or if such improvements are not functioning properly. B. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the city engineer, an owner may post a performance surety for such improvements in order to obtain city engineer signature on the final plat. The amount of the performance surety shall be established by City Council resolution. The estimated cost shall be provided by the applicant and reviewed and approved by the city engineer. In addition to the performance surety, all such improvements shall also be subject to a warranty surety in the amount of twenty percent (20%) of the cost of improvements for a period of two (2) years. C. In the event that an applicant and/or owner cannot complete the nonlife, nonsafety and nonhealth improvements, such as landscaping, pressurized irrigation, and fencing, prior to city engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved in accord with the procedures set forth in this chapter. The amount of surety called for shall be established by City Council resolution. The estimated cost for landscape and fencing sureties shall be provided by the applicant and reviewed and approved by the director. D. Sureties shall be in the form of a bond, an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the city of Meridian, in accord with the regulations contained in the surety agreement by and between the guarantor and the city of Meridian. E. Where a surety is accepted for nonlife, nonsafety and nonhealth improvements by the city and deposited as provided by this article, the city may release temporary occupancy of a structure or structures. The term of the temporary occupancy shall be determined by the city engineer and/or director. The term shall not exceed one hundred eighty (180) days in length. F. Where a surety is accepted by the city and deposited as provided by this article, the surety shall be released subject to the following regulations: 1. The owner shall submit a written request to the city to lease the surety. The request shall include the following documents: a. A statement from the owner that the required improvements are complete. b. Two (2) sets of prints of the as built plans and specifications for all improvements. 2. The city engineer and/or director shall verify and certify that the required improvements, as detailed in the surety agreement, have been installed and/or accepted by the city at the end of the warranty period. The as built plans shall be reviewed and approved by the city engineer or director. 3. Upon certification of the city engineer and/or the director, the city shall release the sureties heretofore deposited in the manner and to the extent as provided for in the surety agreement in accord with the regulations of this article. UDC TEXT AMENDMENT ORDINANCE — AUGUST, 2011— ZOA 11-002 Page 2 of 3 11-5C-4 I PENALTY FOR FAILURE TO COMPLETE CONSTRUCTION: In the event an applicant and/or owner shall, in any case, fail to complete the public improvements in the time period required, the city council may proceed to have such work completed and recover the city's costs by any legal means available, including: foreclosing its lien or, in the event financial guarantees have been required, to pursue the remedies provided by those financial guarantees. Section 2. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on1 / se 2111t: Zoiz. 61 PASSED by the City Council of the City of Meridian, Idaho, this ��day of 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this �y�day of P2AJlA, 2011. APPROVED: WEERD, MAYOR ATTEST: �/ A CEE/ - HOLMAN, CITY CLEI2 � 4 UDC TEXT AMENDMENT ORDINANCE—Auuus,r, 2011 — ZOA 11-002 Page 3 of 3 Meridian City Council Meeting DATE: Auqust 9, 2011 ITEM NUMBER: ITEM TITLE: Resolution No. //, ? V : A Resolution of the Mayor and City Council of the City of Meridian Establishing the Amount of the Performance Surety for All Improvements Related to Public Infrastructure or Life Safety MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. //- 79? BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, ESTABLISHING THE AMOUNT OF THE PERFORMANCE SURETY FOR ALL IMPROVEMENTS RELATED TO PUBLIC INFRASTRUCTURE OR LIFE SAFETY. WHEREAS, all improvements related to public infrastructure or life safety such as, but not limited to water service infrastructure, sanitary sewer infrastructure, reclaimed water infrastructure, stormwater infrastructure, and/or fire sprinkler systems shall be completed prior to occupancy of the structures within the City of Meridian; WHEREAS, where approved by the Meridian City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat; WHEREAS, the amount of the performance surety for all improvements related to public infrastructure or life safety shall be equal to one hundred and twenty five percent (125%) of the cost of completing the required improvements. WHEREAS, the estimated cost shall be provided by the applicant and reviewed and approved by the City Engineer. WHEREAS, all other non -life safety improvements, such as, but not limited to, fencing or landscaping also require that they be completed prior to occupancy of the structures within the City of Meridian; WHEREAS, where approved by the Meridian City Engineer and/or Director, an owner may post a performance surety for other non -life safety improvements in order to obtain the City Engineer's signature on the final plat; WHEREAS, the amount of the performance surety for other non -life safety improvements shall be equal to not less than one hundred and ten percent (110%) of the cost of completing the required improvements. RESOLUTION SETTING PERFORMANCE SURETY AMOUNT PAGE I of 2 WHEREAS, in addition to the performance surety, all such improvements related to public infrastructure of life safety shall also be subject to a warranty surety in the amount of twenty percent (20%) of the cost of improvements for a period of two (2) years. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian hereby establishes the amount of the performance surety bond for all improvements related to public infrastructure or life safety in the amount equal to one hundred and twenty five percent (125%) of the cost of completing the required improvements. Section 2. The City Council of the City of Meridian hereby establishes the amount of the performance surety bond for all other improvements that are non -life safety in the amount equal to not less than one hundred and ten percent (110%) of the cost of completing the required improvements. Section 3. In addition to the performance surety, all such improvements related to public infrastructure of life safety shall also be subject to a warranty surety in the amount of twenty percent (20%) of the cost of improvements for a period of two (2) years. ADOPTED by the City Council of the City of Meridian, Idaho, this day of 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this day of /19 Ji 2011. APPROVED: ATTEST: By: City RESOLUTION SETTING PERFORMANCE Mayor "'aminy de Weerd 4.i4t?037x' r e� �arq�3`7- RE'1%Y.SOO,L T "6IF PAGE 2 of 2 Meridian City Council Meeting DATE: August 9, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS